Cities Index.
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Newark City Council
June 22, 2023

Document
88_06222023%20Packet%20with%20page%20numbers
Meeting
June 22, 2023
Body
Newark City Council
Pages
13
Original file
101.1 MB
Text extracted from the city's file for reading and search. Open the original on public.destinyhosted.com. That file is the official record.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 17 Packet Page 782
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 17 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 17
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 5, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 17 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 17 (“District”) to maintain public improvements. The District was formed in May of 2004 to provide a dedicated source of funding for the ongoing maintenance of landscaping improvements benefiting property within the boundaries of the District.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

The District generally consists of those properties within the infill development of Tract 7004 north of Mayhews Landing Road, along Dijon Drive, and south of Bellhaven Avenue. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.

Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 17 INTRODUCTION
2 The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.

Payment of annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 17 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 17
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 17 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 17 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
 Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.  Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.

Packet Page 788

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 17 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Packet Page 789

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 17 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
• The Landscape Improvements include, but are not limited to landscaping, planting, turf, trees, irrigation systems, and fixtures in public street and sidewalk rights-of-way, including parkways and other easements dedicated to the City within, and adjacent to, the District.

A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced are generally described as follows.

The maintenance of landscaping and the landscape irrigation system within the public right-of-way along the street frontages of Newark Boulevard and Mayhews Landing Road associated with Tract 7004.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of these diagrams is on file with the City’s Public Works Department.

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 17 ESTIMATE OF COSTS 8 PART B

ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.

Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.

The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.

Projected Revenues
Assessment Revenue $6,237
Non-Assessment Revenues1 $150
Total Projected Revenues $6,387
Projected Expenses
Contract Services ($1,822)
Utilities ($3,167)
Administration and Incidentals ($2,052)
County Collection Fees ($106)
Unforeseen Maintenance and Repairs2 ($357)
Total Projected Expenses ($7,504)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $4,897
Reserve Fund Collection Increase/(Decrease) ($1,117)
Ending Fund Balance - June 30, 2024 $3,780
Recommended Operating Reserves $3,573
Available Operating Reserves $3,573
Available Capital Reserves3 $207 1
Non-Assessment Revenues equate to the City contribution in the amount of $150 for General Benefits conferred to the public at large.
2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 3 $1,680 will be needed for future Plant Replacement projects.

Landscaping and Lighting District No. 17
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 17 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 17 ASSESSMENT DIAGRAM 10 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.

The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page.

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NEWARK BL

BELLHAVEN AV

HAFNER ST

MUSICK AV

MAYHEWS LANDING RD

DIJON DR

BIDDLE AV

PEUGEOT PL

BENNINGTON DR

BARNARD ST

BELLHAVEN PL

ASSESSMENT DIAGRAM
Legend
LLD No. 17 Boundary
Parcels ± 0 190 380
Feet
(MER SOLIEL/TRACT 7004)
LANDSCAPING AND LIGHTING DISTRICT NO. 17
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 17 METHOD OF APPORTIONMENT 12 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.

The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.

The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.

General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of streetlights, landscaping, parks, trails, open space, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore needs to reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

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

The 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public Packet Page 795

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 17 METHOD OF APPORTIONMENT 13 easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that benefit from the improvement, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.

Because general benefits are not assessable, any costs associated with general benefits are to be paid for by the City. Only the costs associated with the special benefits conferred on property within the District from the authorized improvements are assessable, and therefore assessed herein. A summary of the benefits conferred by the improvements is described below.

Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was formed.

The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services within the boundaries of the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.

In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance, and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by said public improvements in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.

In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the improvements or their specific demographic status. The basis for these special Packet Page 796

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 17 METHOD OF APPORTIONMENT 14 benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements are summarized as follows.

Special Benefit from Landscape Maintenance
All parcels within the District receive special benefit from Landscape Maintenance. Trees, landscaping, hardscapes, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings through association with the improvements. The landscape surrounding the development not only enhances beautification of the adjacent development but also acts as a buffer between nearby properties and the roadways improving the overall safety of properties within the development. In addition, the trees and plantings adjacent to the development help absorb noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment. In addition, all the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within the District.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
" ... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly .... Indeed, in most cases where public money has been spent on parkways the assumption has been made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City, ... "
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.

General Benefit
In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District, and the ongoing maintenance and operation of these improvements will directly affect the properties within the District.

Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Though the landscape was designed as a result of the development of the Packet Page 797

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 17 METHOD OF APPORTIONMENT 15 properties, and for use by the properties within the District, it is reasonable to conclude that pedestrians passing by and the traffic flow along the roadways adjacent to the landscaping receive some incidental benefit from the improvements and such incidental benefits must be accounted for and cannot be assessed to the properties within the District. Therefore, it is conservatively estimated that approximately 98% of the benefit conferred by the landscaping constructed for the development and properties within the District would be a special and direct benefit to the parcels within the District and 2% of the benefit is conservatively conferred to the public at large that may utilize the roadway adjacent to the development would be a general benefit.

The share of costs attributable to the general benefits associated with the District improvements cannot be assessed to properties within the District, but are required to be paid by some other source, such as the City’s General Fund.

Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.

Therefore, the City and Engineer at the time of formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements.

Therefore, the most appropriate method of apportioning costs was determined to be spreading all District costs equally to each parcel in the District. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.

In Fiscal Year 2023-24, the City proposes to generate the maximum assessment revenue from the assessable parcels located in the District, which amounts to $189.00 per parcel to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.

Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 17 METHOD OF APPORTIONMENT 16 Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.

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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 17 ASSESSMENT ROLL 17 PART E

ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.

The total proposed assessment for Fiscal Year 2023-24 is $6,237.00.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 17

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0623-089-00 $189.00
092A-0623-090-00 $189.00
092A-0623-091-00 $189.00
092A-0623-092-00 $189.00
092A-0623-093-00 $189.00
092A-0623-094-00 $189.00
092A-0623-095-00 $189.00
092A-0623-096-00 $189.00
092A-0623-097-00 $189.00
092A-0623-098-00 $189.00
092A-0623-099-00 $189.00
092A-0623-100-00 $189.00
092A-0623-101-00 $189.00
092A-0623-102-00 $189.00
092A-0623-103-00 $189.00
092A-0623-104-00 $189.00
092A-0623-105-00 $189.00
092A-0623-106-00 $189.00
092A-0623-107-00 $189.00
092A-0623-108-00 $189.00
092A-0623-109-00 $189.00
092A-0623-110-00 $189.00
092A-0623-111-00 $189.00
092A-0623-112-00 $189.00
092A-0623-113-00 $189.00
092A-0623-114-00 $189.00
092A-0623-115-00 $189.00
092A-0623-116-00 $189.00
092A-0623-117-00 $189.00
092A-0623-118-00 $189.00
092A-0623-119-00 $189.00
092A-0623-120-00 $189.00
092A-0623-121-00 $189.00
Total Parcels: 33
Total Assessment: $6,237.00
PART E - 1 06/05/23
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Landscaping and Lighting District No. 18
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 802
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 18 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 17 Packet Page 803
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 18 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 18
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 5, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
Packet Page 804

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 18 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 18 (“District”) to maintain public improvements. The District was formed in June of 2015 to provide a dedicated source of funding for the ongoing maintenance of landscaping improvements benefiting parcels within the boundaries of the District.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

The District generally consists of those properties within the developments of Tract 8130, which is located north of Cedar Boulevard, south of Timber Street and the Nimitz Freeway, west of Central Avenue and the adjacent commercial and industrial structures, and east of the Public Storage property. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.

Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District.

Packet Page 805

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 18 INTRODUCTION
2 The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.

Payment of annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Packet Page 806

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 18 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 18
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

Packet Page 807

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 18 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.

Packet Page 808

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 18 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
 Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.  Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.

Packet Page 809

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 18 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Packet Page 810

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 18 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
• The Landscape Improvements include, but are not limited to landscaping, planting, turf, trees, irrigation systems, and fixtures in medians, public streets, and sidewalk rights-of-way, including parkways and other easements dedicated to the City within, and adjacent to, the District.

A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced are generally described as follows.

The maintenance of landscaping and the landscape irrigation system within the Cedar Boulevard street medians along the frontage of Tract 8130.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of these diagrams is on file with the City’s Public Works Department.

Packet Page 811

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 18 ESTIMATE OF COSTS 8 PART B

ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.

Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.

The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.

Projected Revenues
Assessment Revenue $10,981
Non-Assessment Revenues1 $296
Total Projected Revenues $11,278
Projected Expenses
Contract Services ($5,262)
Utilities ($4,935)
Administration and Incidentals ($3,732)
County Collection Fees ($187)
Unforeseen Maintenance and Repairs2 ($706)
Total Projected Expenses ($14,821)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $52,455
Reserve Fund Collection Increase/(Decrease) ($3,543)
Ending Fund Balance - June 30, 2024 $48,912
Recommended Operating Reserves $7,058
Available Operating Reserves $7,058
Available Capital Reserves3 $41,854
1 Non-Assessment Revenues equate to the City contribution in the amount of $296 for General Benefits conferred to the public at large.
2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 3 Includes $3,253 for future Plant Replacement projects.

Landscaping and Lighting District No. 18
Fiscal Year 2023-24 Cost Estimate
Packet Page 812

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 18 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

Packet Page 813

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 18 ASSESSMENT DIAGRAM 10 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report.

The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page.

Packet Page 814

CEDAR BL

TIMBER ST

ROBERTSON AV

STARFLOWER ST

LUMA TE

AZALEA WY

TARO TE

GERANIUM ST

ROSA WY

CAMASS CT

BLACKBERRY WY

STARFLOWER CT

GOLDENROD DR

LUMA TE

CEDAR BL

ASSESSMENT DIAGRAM
Legend
LLD No. 18 Boundary
Parcels
± 0 295 590
Feet
(TRACT 8130)
LANDSCAPING AND LIGHTING DISTRICT NO. 18
Packet Page 815

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 18 METHOD OF APPORTIONMENT 12 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.

The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.

The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.

General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of streetlights, landscaping, parks, trails, open space, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore needs to reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

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

The 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public Packet Page 816

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 18 METHOD OF APPORTIONMENT 13 easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that benefit from the improvement, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.

Because general benefits are not assessable, any costs associated with general benefits are to be paid for by the City. Only the costs associated with the special benefits conferred on property within District from the authorized improvements are assessable, and therefore assessed herein. A summary of the benefits conferred by the improvements is described below.

Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was formed.

The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services within the boundaries of the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.

In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance, and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by said public improvements in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.

Packet Page 817

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 18 METHOD OF APPORTIONMENT 14 In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements are summarized as follows.

Special Benefit from Landscape Maintenance
All parcels within the District receive special benefit from Landscape Maintenance within the adjacent medians. Trees, landscaping, hardscapes, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the District by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. The medians adjacent to the development help calm traffic and reduce speeds, creating a safer environment for those traveling to and from the properties within the District. The median also acts as a physical buffer between portions of the roadway and properties within the District improving the overall safety of properties within the development. In addition, the trees and plantings within the medians help absorb noise from the road for nearby properties, reducing noise levels and creating a more peaceful environment. In addition, all the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within the District.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
" ... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly .... Indeed, in most cases where public money has been spent on parkways the assumption has been made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City, ... "
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.

General Benefit
In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District, and the ongoing maintenance and operation of these improvements will directly affect the properties within the District.

Although the improvements include public areas, easements, rights-of-way, and other Packet Page 818

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 18 METHOD OF APPORTIONMENT 15 amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary. Though the medians were designed as a result of the development of the properties within the District, it is reasonable to conclude that the traffic flow along the roadways adjacent to the median landscaping receive some incidental benefit from the improvements and such incidental benefits must be accounted for and cannot be assessed to the properties within the District. Therefore, it is conservatively estimated that approximately 98% of the benefit conferred by the medians in the roadways constructed for the development and properties within the District would be a special and direct benefit to the parcels within the District and 2% of the benefit from the medians is conferred to the public at large that may utilize the roadway adjacent to the development would be a general benefit.

The share of costs attributable to the general benefits associated with the District improvements cannot be assessed to properties within the District, but are required to be paid by some other source, such as the City’s General Fund.

Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.

Therefore, the City and Engineer at the time of formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements.

Therefore, the most appropriate method of apportioning costs was determined to be spreading all District costs equally to each dwelling unit in the District. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.

In Fiscal Year 2023-24, the City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $66.96 per parcel to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2023-24 assessment is on the Assessment Roll in Part E of this Report.

Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements.

Packet Page 819

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 18 METHOD OF APPORTIONMENT 16 Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.

Packet Page 820

CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 18 ASSESSMENT ROLL 17 PART E

ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.

The total proposed assessment for Fiscal Year 2023-24 is $10,981.44.

Packet Page 821

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 18

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2598-024-00 $66.96
092A-2598-025-00 $66.96
092A-2598-026-00 $66.96
092A-2598-027-00 $66.96
092A-2598-028-00 $66.96
092A-2598-029-00 $66.96
092A-2598-030-00 $66.96
092A-2598-031-00 $66.96
092A-2598-032-00 $66.96
092A-2598-033-00 $66.96
092A-2598-034-00 $66.96
092A-2598-035-00 $66.96
092A-2598-037-00 $66.96
092A-2598-038-00 $66.96
092A-2598-039-00 $66.96
092A-2598-040-00 $66.96
092A-2598-041-00 $66.96
092A-2598-042-00 $66.96
092A-2598-043-00 $66.96
092A-2598-044-00 $66.96
092A-2598-045-00 $66.96
092A-2598-046-00 $66.96
092A-2598-047-00 $66.96
092A-2598-048-00 $66.96
092A-2598-050-00 $66.96
092A-2598-051-00 $66.96
092A-2598-052-00 $66.96
092A-2598-053-00 $66.96
092A-2598-054-00 $66.96
092A-2598-055-00 $66.96
092A-2598-056-00 $66.96
092A-2598-057-00 $66.96
092A-2598-058-00 $66.96
092A-2598-059-00 $66.96
092A-2598-061-00 $66.96
092A-2598-062-00 $66.96
092A-2598-063-00 $66.96
092A-2598-064-00 $66.96
092A-2598-065-00 $66.96
092A-2598-066-00 $66.96
092A-2598-067-00 $66.96
092A-2598-068-00 $66.96
092A-2598-069-00 $66.96
092A-2598-070-00 $66.96
092A-2598-072-00 $66.96
092A-2598-073-00 $66.96
092A-2598-074-00 $66.96
092A-2598-075-00 $66.96
092A-2598-076-00 $66.96
092A-2598-077-00 $66.96
092A-2598-078-00 $66.96
092A-2598-079-00 $66.96
Assessor's
Parcel
Number
Assessment
Amount
092A-2598-080-00 $66.96
092A-2598-081-00 $66.96
092A-2598-082-00 $66.96
092A-2598-083-00 $66.96
092A-2598-084-00 $66.96
092A-2598-085-00 $66.96
092A-2598-087-00 $66.96
092A-2598-088-00 $66.96
092A-2598-089-00 $66.96
092A-2598-090-00 $66.96
092A-2598-091-00 $66.96
092A-2598-092-00 $66.96
092A-2598-093-00 $66.96
092A-2598-095-00 $66.96
092A-2598-096-00 $66.96
092A-2598-097-00 $66.96
092A-2598-098-00 $66.96
092A-2598-099-00 $66.96
092A-2598-100-00 $66.96
092A-2598-101-00 $66.96
092A-2598-102-00 $66.96
092A-2598-103-00 $66.96
092A-2598-104-00 $66.96
092A-2598-106-00 $66.96
092A-2598-107-00 $66.96
092A-2598-108-00 $66.96
092A-2598-109-00 $66.96
092A-2598-110-00 $66.96
092A-2599-018-00 $66.96
092A-2599-019-00 $66.96
092A-2599-020-00 $66.96
092A-2599-021-00 $66.96
092A-2599-022-00 $66.96
092A-2599-023-00 $66.96
092A-2599-024-00 $66.96
092A-2599-025-00 $66.96
092A-2599-026-00 $66.96
092A-2599-027-00 $66.96
092A-2599-028-00 $66.96
092A-2599-029-00 $66.96
092A-2599-030-00 $66.96
092A-2599-031-00 $66.96
092A-2599-032-00 $66.96
092A-2599-033-00 $66.96
092A-2599-034-00 $66.96
092A-2599-035-00 $66.96
092A-2599-036-00 $66.96
092A-2599-037-00 $66.96
092A-2599-038-00 $66.96
092A-2599-039-00 $66.96
092A-2599-040-00 $66.96
092A-2599-041-00 $66.96
Assessor's
Parcel
Number
Assessment
Amount
092A-2599-042-00 $66.96
092A-2599-043-00 $66.96
092A-2599-044-00 $66.96
092A-2599-045-00 $66.96
092A-2599-046-00 $66.96
092A-2599-047-00 $66.96
092A-2599-048-00 $66.96
092A-2599-049-00 $66.96
092A-2599-050-00 $66.96
092A-2599-051-00 $66.96
092A-2599-052-00 $66.96
092A-2599-053-00 $66.96
092A-2599-054-00 $66.96
092A-2599-055-00 $66.96
092A-2599-056-00 $66.96
092A-2599-057-00 $66.96
092A-2599-058-00 $66.96
092A-2599-059-00 $66.96
092A-2599-060-00 $66.96
092A-2599-061-00 $66.96
092A-2599-062-00 $66.96
092A-2599-063-00 $66.96
092A-2599-064-00 $66.96
092A-2599-065-00 $66.96
092A-2599-066-00 $66.96
092A-2599-067-00 $66.96
092A-2599-068-00 $66.96
092A-2599-069-00 $66.96
092A-2599-070-00 $66.96
092A-2599-071-00 $66.96
092A-2599-072-00 $66.96
092A-2599-073-00 $66.96
092A-2599-074-00 $66.96
092A-2599-075-00 $66.96
092A-2599-076-00 $66.96
092A-2599-077-00 $66.96
092A-2599-078-00 $66.96
092A-2599-079-00 $66.96
092A-2599-080-00 $66.96
092A-2599-081-00 $66.96
092A-2599-082-00 $66.96
092A-2599-083-00 $66.96
092A-2599-084-00 $66.96
092A-2599-085-00 $66.96
092A-2599-086-00 $66.96
092A-2599-087-00 $66.96
092A-2599-088-00 $66.96
092A-2599-089-00 $66.96
092A-2599-090-00 $66.96
092A-2599-091-00 $66.96
092A-2599-092-00 $66.96
092A-2599-093-00 $66.96
PART E - 1 06/05/23
Packet Page 822

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 18

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2599-094-00 $66.96
092A-2599-095-00 $66.96
092A-2599-096-00 $66.96
092A-2599-097-00 $66.96
092A-2599-098-00 $66.96
092A-2599-099-00 $66.96
092A-2599-100-00 $66.96
092A-2599-101-00 $66.96
Total Parcels: 164
Total Assessment: $10,981.44
PART E - 2 06/05/23
Packet Page 823
Landscaping and Lighting District No. 19
Fiscal Year 2023-24
Preliminary Engineer’s Report
June 22, 2023
Packet Page 824
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 19 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 4 Part A – Plans and Specifications ......................................... 6 Part B – Estimate of Cost....................................................13 Part C – Assessment District Diagram ................................15 Part D – Method of Apportionment of Assessments............23 Part E - Assessment Roll ....................................................31 Packet Page 825
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 19 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 19
FISCAL YEAR 2023-24
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: June 5, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
Packet Page 826

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 19 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 19 (“District”) to maintain public improvements. The District was formed in December of 2016 to provide a dedicated source of funding for the ongoing maintenance of median and buffer landscape, street lighting, and park improvements benefiting parcels within the boundaries of the District.

Since formation, additional properties have been annexed into the District. A historical listing of the date each annexation occurred since formation follows:
• Annexation No. 1 (September 14, 2017)
• Annexation No. 2 (September 14, 2017)
• Annexation No. 3 (September 14, 2017)
• Annexation No. 4 (May 9, 2019)
• Annexation No. 5 (November 12, 2020)
• Annexation No. 6 (January 27, 2022)
Following the approval of the annexations listed above, the District consists of the following seven (7) zones of benefit.
• Zone 1 (Bayshores)
The Bayshores Tract Map 8085 was comprised of residential lots (detached homes, condominiums, and townhomes), landscape lots, a park area, and private roads. The landscape lots and park around the clubhouse will be maintained by the Homeowners Association and will not be funded by assessments. • Zone 2 (Lighthouse)
The Lighthouse Tract Map 8157 was comprised of eighty-eight (88) condominium units and private roads.
• Zone 3 (Newark Senior Housing – USA Properties)
The Newark Senior Housing – USA Properties project is comprised of one building, containing seventy-five (75) apartment units. • Zone 4 (Tract 8098 – Glass Bay)
The Glass Bay Tract Map 8098 was comprised of two hundred and seventeen (217) single-family homes and private roads.
• Zone 5 (Tracts 8099 & 8436 - Bridgeway)
The Bridgeway Development was comprised of Tract 8099 and 8436 and contains three hundred and six (306) single family lots and two hundred and seventy (270) multi-family units.

Packet Page 827

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 19 INTRODUCTION
2  Zone 6 (Tract 8459 – Compass Bay)
The Compass Bay Development was comprised of Tract 8459 which included fifty-three (53) single family lots and eighty-five (85) multi-family units.  Zone 7 (Tract 8453 – Harbor Pointe)
The Harbor Pointe (Bridgeway Parcel C) Development was comprised of Tract 8453 and contains one hundred and ninety two (192) single family lots.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed and each subsequent zone of benefit was established.

The District generally consists of those properties in an area known as Bayside Newark, formerly known as the Dumbarton Transit-Oriented Development. The Bayside Newark project is located next to the proposed commuter rail station near the corner of Willow Avenue and Enterprise Drive. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District and each zone of benefit is provided in Part C of this Report.

Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.

Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District and each benefit zone, (2) a cost estimate for the District and each benefit zone, and (3) a listing of the proposed Fiscal Year 2023-24 assessments to be levied upon each assessable lot or parcel within the District and each benefit zone.

Packet Page 828

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 19 INTRODUCTION
3 The City will hold a Public Hearing on July 13, 2023, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.

Payment of annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

Packet Page 829

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ENGINEER’S REPORT 4 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 19
FISCAL YEAR 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11499, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 27, 2023, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2023-24, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

Packet Page 830

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ENGINEER’S REPORT 5 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.

Packet Page 831

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 6 PART A

PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
 Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.  Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.

Packet Page 832

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 7 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Packet Page 833

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 8 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
• The Landscape Improvements include, but are not limited to landscaping, planting, turf, trees, irrigation systems, and fixtures in public street and sidewalk rights-of-way, including medians, traffic circles, parkways and other easements dedicated to the City within, and adjacent to, the zones.
• The Park Improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures, trails, and open space areas.
• Street Lighting Improvements include, but are not limited to poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public street and sidewalk rights-of-way and other easements dedicated to the City within, and adjacent to, the zones.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of these diagrams is on file with the City’s Public Works Department.

A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced by each of the benefit zones follows.

Zone 1 (Bayshores)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• The south side of Central Avenue, between Willow Street and Salty Cove Road. • The south side of Central Avenue, between Salty Cove Road and Hickory Street. • East side of Willow Street, south of Central Avenue.
• West side of Willow Street, along the eastern border of the tract, including planter strips.
• Medians along Willow Street, between Central Avenue and Seawind Way. • Traffic Circles at the intersections of Willow Street and Central Avenue, and Willow Street and Seawind Way.
• 47 Trash Capture Devices ("TCD") throughout the project, to keep trash from collecting in the landscaped areas along the southern edge of the project and the wetlands beyond.

Packet Page 834

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 9 Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 7 streetlights located along Seawind Way at the eastern boundary of the zone. • 10 streetlights located along Spring Tide Road, through the center of the zone. • 3 streetlights located along Bayshores Drive.
• 2 streetlights located along Quiet Cove Way.
• 2 streetlights located along Lookout Way.
• 6 streetlights located along Harbor Light Road.
• 7 streetlights located along Central Avenue at the southern boundary of the zone. • 13 streetlights located along Willow Street at the eastern boundary of the zone.

Zone 2 (Lighthouse)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• Northwest corner of intersection of Willow Street and Seawind Way. • West side of Willow Street, along the easterly border of the tract, including planter strips.
• Medians along Willow Street, between Seawind Way and the northerly border of the tract.
• Traffic Circle at the intersection of Willow Street and Seawind Way. • One TCD on Seawind Way.

Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 3 streetlights located along Seawind Way.
• 1 streetlight located along Willow Street.
• 4 streetlights located along Willow Street between Seawind Way and Enterprise Drive.

Packet Page 835

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 10 Zone 3 (Newark Senior Housing – USA Properties)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• West side of Willow Street, along the eastern border of the project, including planter strips.
• Medians along Willow Street, between the northerly and southerly border of the project.

Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 4 streetlights located along Willow Street between Seawind Way and Enterprise Drive.

Zone 4 (Tract 8098 – Glass Bay)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• The east side of Willow Street at the southeast and northeast corners of Seawind Way and Willow Street.
• Medians along Enterprise Drive along the northerly border of the tract. • Traffic Circle at the intersection of Willow Street and Seawind Way. • Traffic Circle at the intersection of Willow Street and Enterprise Drive. • 27 Landscape Debris/TCD throughout the tract.

Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 21 streetlights located throughout the interior of the tract. • 4 streetlights located along Enterprise Drive at the northerly boundary of the tract. • 4 streetlights located along Willow Street between Central Avenue and Seawind Way. • 4 streetlights located along Willow Street between Seawind Way and Enterprise Drive.

Packet Page 836

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 11 Zone 5 (Tracts 8099 & 8436 - Bridgeway)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• Median islands at Hickory Street and Seawind Way.
• Traffic Circle at the intersection of Hickory Street and Seawind Way. • Median islands at Seawind Way in Phase 2 of the development. • 6 TCD on Seawind Way.
• 8 TCD on Bay Breeze Street.
• 2 TCD on Headlands Avenue.
• 17 TCD on Hickory Street.
• 12 TCD on Seawind Way, in Phase 2 of the development. • The Bay Trail in Phases 1 and 2 of the development.

Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 2 streetlights located along Headlands Avenue.
• 6 streetlights located along Bay Breeze Street.
• 4 streetlights located along Seawind Way in Phase 1 of the development. • 4 streetlights located at the intersection of Seawind Way and Hickory Street. • 15 streetlights located along Hickory Street.
• 8 streetlights located along Seawind Way in Phase 2 of the development.

Zone 6 (Tract 8459 – Compass Bay)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• Median Islands at Seawind Way and Hickory Street.
• Median Islands at Hickory Street and Enterprise Drive. • Center Median on Enterprise Drive.
• Traffic Circle at Seawind Way and Hickory Street.
• Traffic Circle at Hickory Street and Enterprise Drive. • 1 TCD on Seawind Way.
• 3 TCD on Hickory Street.
• 4 TCD on Enterprise Drive.

Packet Page 837

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 19 PLANS AND SPECIFICATIONS 12 Park Improvements
Park improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures and open space areas within a planned 5.05 acre park that is proposed for the FMC Willow Development to be located northwest of the Compass Bay development near the intersection of Hickory Street and Enterprise Drive.

Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 1 Streetlight located on Seawind Way.
• 1 Streetlight located at the intersection of Seawind Way and Hickory Street. • 2 Streetlights located on Hickory Street.
• 2 Streetlights located at the intersection of Hickory Street and Enterprise Drive. • 6 Streetlights located on Enterprise Drive.

Zone 7 (Tract 8453 – Harbor Pointe)
Landscape Improvements
The Landscape Improvements include streetscapes, medians, and traffic circles, specifically:
• Traffic circle located at Enterprise Drive and Seawind Way. • Median islands located along Enterprise Drive.
• Traffic circle located at Enterprise Drive and Hickory Street. • 12 TCD along Enterprise Drive and the Enterprise Drive and Seawind Way traffic circle.
• The Bay Trail located along the exterior of the development.

Park Improvements
Park improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures and open space areas within a planned 5.05 acre park that is proposed for the FMC Willow Development to be located northwest of the Compass Bay development near the intersection of Hickory Street and Enterprise Drive.

Street Lighting Improvements
The Street Lighting Improvements will be located along streets within the zone as shown below:
• 11 streetlights located along Enterprise Drive and the Enterprise Drive and Seawind Way traffic circle.
• 2 streetlights located at the traffic circle at Enterprise Drive and Hickory Street.

Packet Page 838

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ESTIMATE OF COSTS 13 PART B

ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.

Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.

The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2023-24.

Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7
Total
Amount
Projected Revenues
Assessment Revenue $41,551 $3,923 $2,720 $19,777 $36,120 $12,224 $0 $116,315 Non-Assessment Revenues1 $4,457 $594 $750 $2,237 $2,582 $3,148 $0 $13,768 Total Projected Revenues $46,008 $4,517 $3,470 $22,014 $38,702 $15,372 $0 $130,083 Projected Expenses
Contract Services ($5,361) ($343) ($492) ($1,790) ($2,929) ($2,239) $0 ($13,154) Utilities ($5,777) ($370) ($531) ($1,929) ($3,156) ($2,412) $0 ($14,175) Administration and Incidentals ($10,527) ($674) ($967) ($3,516) ($5,751) ($4,396) $0 ($25,830) County Collection Fees ($706) ($67) ($46) ($336) ($614) ($208) $0 ($1,977) Unforeseen Maintenance and Repairs2 ($1,119) ($73) ($102) ($379) ($622) ($463) $0 ($2,757) Total Projected Expenses ($23,489) ($1,526) ($2,138) ($7,951) ($13,072) ($9,718) $0 ($57,893) Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $197,537 $15,544 $10,777 $78,353 $128,931 $0 $0 $431,142 Reserve Fund Collection Increase/(Decrease) $22,519 $2,990 $1,332 $14,064 $25,630 $5,654 $0 $72,189 Ending Fund Balance - June 30, 2024 $220,056 $18,534 $12,109 $92,417 $154,561 $5,654 $0 $503,331 Recommended Operating Reserves $11,745 $763 $1,069 $3,975 $6,536 $4,859 $0 $28,947 Available Operating Reserves $11,745 $763 $1,069 $3,975 $6,536 $4,859 $0 $28,947 Available Capital Reserves3 $208,312 $17,771 $11,040 $88,442 $148,025 $796 $0 $474,384 1 Non-Assessment Revenues equate to the City contribution in the amount of $7,556 for General Benefits and $6,212 for Special Benefits conferred to property not in the District. 2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 3 Includes $156,000 for future Plant Replacement and $5,000 for future Streetlight Replacement projects.

Landscaping and Lighting District No. 19
Fiscal Year 2023-24 Cost Estimate
Packet Page 839

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ESTIMATE OF COSTS 14 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

Packet Page 840

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ASSESSMENT DIAGRAM 15 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District and each zone of benefit are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagrams are shown on the following pages.

Packet Page 841

HICKORY ST

WILLOW ST

SEAWIND WY

CENTRAL AV

SPRING TIDE RD

PERRIN AV

CABOT CT

HARBOR LIGHT RD

SEA BANK ST

ESTUARY ST

SHELTER RD

SURF WY

CAPE COD RD

BAY CREST RD

BREAKERS RD

BAYSHORES AV

BLUFF WY

CAPE BREEZE DR

SURGE WY

SALT GRASS RD

MASTS COVE WY

SAND DRIFT RD

BLUETIDE WY

COMPASS WY

JETTY WY

MARINE WY

RUDDER WY

LEEWARD WY

BACK BAY RD

TALLSHIP WY

HEADLANDS AV

MARVISTA WY

WINDROSE WY

DUNES WY

TAILWIND AV

PORTSIDE WY

VISTA COVE WY

WHITESURF WY

WAVE COVE WY

QUIET COVE WY

PRESERVE AV

WAKECREST WY

WEATHERLY RD

LOOKOUT WY

WAVESIDE WY

CABANA WY

ROCKVIEW WY

SCHOONER WY

SALTY COVE RD
COURT 16
COURT 15

SKYSAIL ST

LATITUDES LN

UNNAMED

ASSESSMENT DIAGRAM
Legend
LLD No. 19 Zone 1
Parcels
± 0 485 970
Feet
(BAYSHORES)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 1
Packet Page 842

SEAWIND WY

WILLOW ST

LEEWARD WY

TAILWIND AV

SHELTER RD

SKYSAIL ST

CABANA WY

SPRING TIDE RD

SEA BANK ST

ASSESSMENT DIAGRAM
± 0 130 260
Feet
ANNEXATION NO. 1 (LIGHTHOUSE)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 2
Legend
LLD No. 19 Zone 2
Parcels
Packet Page 843

UNNAMED

WILLOW ST

LEEWARD WY

TAILWIND AV

ASSESSMENT DIAGRAM
Legend
LLD No. 19 Zone 3
Parcels ± 0 105 210
Feet
ANNEXATION NO. 2 (NEWARK SENIORS HOUSING)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 3
Packet Page 844

WILLOW ST

ENTERPRISE DR

SEAWIND WY

BACK BAY RD

BAY CREST RD

SHELTER RD

MARINE WY

BREAKERS RD

BLUFF WY

SEA BANK ST

BAYPORT WY

TAILWIND AV

BLUETIDE WY

COMPASS WY

SPRING TIDE RD

PENINSULA WY

LEEWARD WY

SANDY COVE WY

MASTS COVE WY

INLET RD

CABANA WY

SUNCREST ST

HARBORVIEW WY

PIERVIEW WY

SKYSAIL ST

DOCKPORT RD

BLUE ANCHOR WY

ASSESSMENT DIAGRAM
Legend
LLD No. 19 Zone 4
Parcels ± 0 400 800
Feet
ANNEXATION NO. 3 (GLASS BAY)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 4
Packet Page 845

HICKORY ST

SEAWIND WY

WILLOW ST

ENTERPRISE DR

SPRING TIDE RD

CENTRAL AV

PERRIN AV

BAY BREEZE ST

SEA BANK ST

WATERSAIL WY

HARBOR LIGHT RD

PONTOON WY

BAY CREST RD

BOWLINE RD

ESTUARY ST

SHELTER RD

SAND BAR PL

SURF WY

CAPE COD RD

BREAKERS RD

SALT GRASS RD

SALT POND PL

BAYSHORES AV

CAPE BREEZE DR

SURGE WY

TAILWIND AV

MASTS COVE WY

SAND DRIFT RD

JETTY WY

UNNAMED

RUDDER WY

LEEWARD WY

TALLSHIP WY

HEADLANDS AV

MARVISTA WY

WINDROSE WY

DUNES WY

VISTA COVE WY

WHITESURF WY

WAVE COVE WY

QUIET COVE WY

PRESERVE AV

WAKECREST WY

WEATHERLY RD

LOOKOUT WY
COURT 17

HIDDEN HARBOR WY
COURT 16
COURT 14
COURT 15

SKYSAIL ST
COURT 9

LATITUDES LN

WINDJAMMER WY

UNNAMED

UNNAMED

ASSESSMENT DIAGRAM
Legend
LLD No. 19 Zone 5
Parcels
± 0 600 1,200
Feet
ANNEXATION NO. 4 (BRIDGEWAY)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 5
Packet Page 846

SEAWIND WY

ENTERPRISE DR

HICKORY ST

WILLOW ST

SEA BANK ST

TAILWIND AV

SAND DRIFT RD

SHELTER RD

LEEWARD WY

HARBORVIEW WY

BREAKERS RD

VISTA COVE WY

SPRING TIDE RD

SUNCREST ST
COURT 17
COURT 16
COURT 15

SKYSAIL ST

MASTS COVE WY

ESTUARY ST

UNNAMED

UNNAMED

UNNAMED

ASSESSMENT DIAGRAM
± 0 255 510
Feet
ANNEXATION NO. 5 (COMPASS BAY)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 6
Legend
LLD No. 19 Zone 6
Parcels
Packet Page 847

ENTERPRISE DR

HICKORY ST

SEAWIND WY

WATERSAIL WY

PONTOON WY

BOWLINE RD

SAND BAR PL

SALT POND PL

MARVISTA WY

OUTER BANKS PL
COURT 17

HIDDEN HARBOR WY
COURT 16
COURT 11
COURT 14
COURT 12
COURT 15
COURT 6
COURT 8
COURT 4
COURT 9
COURT 1 COURT 2
COURT 3
COURT 5
COURT 7

WINDJAMMER WY

SEAWIND WY

ASSESSMENT DIAGRAM
Legend
LLD No. 19 Zone 7
Parcels ± 0 385 770
Feet
ANNEXATION NO. 6 (HARBOR POINTE)
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ZONE 7
Packet Page 848

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 23 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.

The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.

The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.

General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of streetlights, landscaping, parks, trails, open space, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore needs to reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

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

The 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public Packet Page 849

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 24 avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that benefit from the improvement both within and outside the District and each zone of benefit, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.

Because general benefits are not assessable, any costs associated with general benefits or special benefits assigned to properties (both within and outside and the District and each zone of benefit) not in a zone of benefit are to be paid for by the City or by the area receiving special benefits from the improvements. Only the costs associated with the special benefits conferred on property within each zone of benefit from the authorized improvements are assessable, and therefore assessed herein. A full analysis showing the quantification and separation of special and general benefits performed by the City and Assessment Engineer at the time of formation and the establishment of each zone of benefit can be found in the formation and annexation reports for each zone of benefit. A summary of the analysis by improvement type is described below.

Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District and each subsequent zone of benefit was established.

The District consists of all Assessor Parcels within the boundaries of a zone of benefit.

The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services within each zone of benefit to the properties within and outside the boundaries of the District and each zone of benefit. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.

In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance, and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and Packet Page 850

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 25 distinct special benefit over and above general benefits by said public improvements in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.

In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by each zone of benefit within the District. These special benefits are not dependent on any one property owner's use of each zone of benefit’s improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements are summarized as follows.

Special Benefit from Landscape Maintenance
All parcels within each zone of benefit of the District receive special benefit from Landscape Maintenance. Trees, landscaping, hardscapes, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within each zone of benefit by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all the aforementioned contributes to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each zone of benefit of the District.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
" ... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly .... Indeed, in most cases where public money has been spent on parkways the assumption has been made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City, ... "
It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.

Special Benefit from Street Lighting Maintenance
All parcels within each applicable zone of benefit of the District receive special benefit from Street Lighting Maintenance. The special benefit from street lighting can be measured by increased safety to people and property, as well as the increased availability of lighting.

The safety to people results in a special benefit to parcels because street lighting improves traffic safety during ingress and egress to the property and creates a deterrent to crime against property. The safety to property results in a special benefit to both developed and vacant or undeveloped parcels because street lighting operation, maintenance and Packet Page 851

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 26 servicing provides for the protection of buildings and personal property against crimes such as theft and vandalism.

Additionally, all parcels in the applicable zones of benefit receive a special benefit from the installation, operation, maintenance, and servicing of the street lighting on collector streets. Collector street lighting benefits properties primarily because the properties, and the persons traveling to and from the properties, are provided safe street access.

Special Benefit from Park Maintenance
All parcels within Zones 6 (Tract 8459 – Compass Bay) and 7 (Tract 8453 – Harbor Pointe) receive special benefit from Park Maintenance. The overall quality of life and desirability of an area is enhanced, when public parks and recreational facilities are in place, improved, operable, safe, clean, and properly maintained. Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism.

Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events, and other miscellaneous activities.

Studies in several communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved a potent factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion, long held by planning authorities, as to the economic value of parks and recreational facilities in a community. “The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985)
“Recreation and park amenities are central components in establishing the quality of life in a community. ... [Businesses’] main resource is their employees for whom quality of life is an important issue… The availability and attractiveness of local parks and programs influences some companies’ relocation decisions. ... the presence of a park encourages real estate development around it.... ". (California Parks & Recreation, Winter 1997)
Packet Page 852

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 27 The benefit of parks and other recreational facilities to residential and commercial/industrial properties has been summarized by several studies. The United States Department of the Interior, National Park Service, in a publication from June 1984, concluded that:
• Parks and recreation stimulate business and generate tax revenues • Parks and recreation help conserve land, energy, and resources • An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values • Public recreation benefits all residents and employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast-paced and demanding life Proper maintenance and operation of the parks within the City benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement.

Special Benefit to Parcels Outside of the District
There are parcels outside each zone of benefit that receive special benefit from some of the improvements. Based on the analysis performed at the time of formation and the establishment of each subsequent annexation, a summary of the percentage of annual costs attributable to special benefits to parcels outside the District by zone of benefit is shown below:

The share of costs attributable to special benefits conferred to parcels outside of each zone of benefit cannot be assessed to properties within each specific zone, but are required to be paid by some other source, such as the City’s General Fund.

LLD No. 19 Benefit Zone
Percentage of Costs
Attributed to Special
Benefit Outside the Zone
Zone 1 (Bayshore) 4.46%
Zone 2 (Lighthouse) 36.23%
Zone 3 (Newark Senior Housing) 35.06%
Zone 4 (Tract 8098 - Glass Bay) 11.29%
Zone 5 (Tracts 8099 & 8436 - Bridgeway) 3.97%
Zone 6 (Tract 8459 - Compass Bay) 25.17%
Zone 7 (Tract 8453 - Harbor Pointe) 3.83%
Packet Page 853

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 28 General Benefit
The Assessment Engineer at the time of District formation and at the establishment of each subsequent annexation performed an analysis and determined there are general benefits conferred from the landscape and park improvements to the public at large.

Based on these analyses performed by the original Assessment Engineer, a summary of the percentage of annual costs attributable to general benefit are shown below:

The share of costs attributable to the general benefits of each zone of benefit cannot be assessed to properties within each specific zone, but are required to be paid by some other source, such as the City’s General Fund.

Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.

Since the assessment will be levied against parcels of property as shown on the tax roll, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment and this would not be equitable.

Therefore, the City and Engineer at the time of formation and the establishment of each subsequent zone, determined that the most appropriate method of apportioning costs was determined to be spreading each benefit zone costs on an Equivalent Dwelling Unit (EDU) basis. The single family detached residential unit or lot has been selected as the basic unit for calculation of assessments and is defined as one EDU. Each land-use in the District is converted to EDU's. The EDU method is seen as the most appropriate and equitable method of spread of benefit to each parcel from the improvements since it is based on land-use type and parcel size. Property within the District is assigned to one of the following categories.

Single Family Residential. Parcels zoned for single family detached home residential uses are assessed 1 EDU per dwelling unit. Parcels designated as Single Family Residential land-use will be assessed 1 EDU per dwelling unit or lot, including undeveloped subdivided residential lots and vacant land zoned for single family residential uses with a tentative or final tract map.

LLD No. 19 Benefit Zone
Percentage of Costs
Attributed to General
Benefit
Zone 1 (Bayshore) 14.52%
Zone 2 (Lighthouse) 2.67%
Zone 3 (Newark Senior Housing) 0.00%
Zone 4 (Tract 8098 - Glass Bay) 16.85%
Zone 5 (Tracts 8099 & 8436 - Bridgeway) 15.78%
Zone 6 (Tract 8459 - Compass Bay) 7.23%
Zone 7 (Tract 8453 - Harbor Pointe) 6.71%
Packet Page 854

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 29 Multiple Family Residential. Multiple-family residential (including apartments, condominiums, townhomes, and duplexes) land use equivalencies are determined based on the number of dwelling units on each parcel. Due to population density and size of structure relative to the typical single family residence, each dwelling unit defined as multifamily residential, including apartments, condominiums, town homes, and duplexes, are assigned and EDU of 0.75 EDU . The EDU's assigned to a multiple-family residential parcel are calculated by multiplying the number of dwelling units by the EDU Factor of

0.75. Non-Residential. In converting non-residential properties to EDU's, the EDU Factor used in each zone of benefit was determined using the EDU density of the residential property for each zone. During formation and the establishment of each subsequent zone, the number of planned residential EDU located in the zone were divided by the associated acreage to arrive at an EDU factor per acre for non-residential parcels. All properties that are developed for non-residential uses are therefore assigned an EDU factor per acre by zone of benefit, all of which are shown in the table below. Non-Residential may include but not be limited to commercial, industrial, church, school, institutional, and other nonresidential uses.

Undeveloped Parcels. Undeveloped parcels receive a reduced level of benefit as compared to developed parcels. Undeveloped parcels therefore are assessed at 20% of the non-residential rate per acre for each zone of benefit. This includes all lots designated as undeveloped or vacant without a tentative or final tract map but does not include easements or streets, whether private or public, which are non-assessable.

Exempt Parcels. - Publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, public parkways, public property designated open space, and any portion of public property that is not used for business purposes similar to private residential, commercial, industrial, and institutional activities.

Also exempted from the assessments are private streets, utility easements, homeowner’s or property owner’s association common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

The following table summarizes the EDU Factors by zone of benefit for each land use category.

Land Use Classification Unit Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Single-Family Residential per Dwelling Unit 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Multi-Family Residential per Dwelling Unit 0.750 0.750 0.750 0.750 0.750 0.750 0.750 Non-Residential per Acre 11.250 8.158 27.040 10.150 8.158 7.810 8.158 Vacant Property per Acre 2.250 1.632 5.410 2.030 1.631 1.562 1.631 EDU Factor
Packet Page 855

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 19 METHOD OF APPORTIONMENT 30 Parcels within each zone may be assessed once it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year.

The table below summarizes both the maximum and applied assessment rates per EDU for Fiscal Year 2023-24.

Maximum Assessment Rate Increases
The maximum assessment rates for each zone may be adjusted annually by the greater of the annual increase in the Bureau of Labor Statistics, Consumer Price Index for the month of February, All Urban Consumers for the San Francisco/Oakland/San Jose area, or 3%.

Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.

LLD No. 19 Benefit Zone
Maximum
Assessment Rate
Applied Assessment
Rate
Zone 1 (Bayshore) $110.05 $87.34
Zone 2 (Lighthouse) $74.91 $59.45
Zone 3 (Newark Senior Housing) $60.93 $48.36
Zone 4 (Tract 8098 - Glass Bay) $114.83 $91.14
Zone 5 (Tracts 8099 & 8436 - Bridgeway) $94.01 $80.00
Zone 6 (Tract 8459 - Compass Bay) $122.61 $107.46
Zone 7 (Tract 8453 - Harbor Pointe) $139.74 $0.00
Packet Page 856

CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 19 ASSESSMENT ROLL 31 PART E

ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2023-24 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.

The total proposed assessment for Fiscal Year 2023-24 is $116,315.32.

Packet Page 857

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0257-033-00 $65.50 1
092 -0257-034-00 $65.50 1
092 -0257-035-00 $65.50 1
092 -0257-036-00 $65.50 1
092 -0257-037-00 $65.50 1
092 -0257-038-00 $65.50 1
092 -0257-039-00 $65.50 1
092 -0257-040-00 $65.50 1
092 -0257-041-00 $65.50 1
092 -0257-042-00 $65.50 1
092 -0257-043-00 $65.50 1
092 -0257-045-00 $65.50 1
092 -0257-046-00 $65.50 1
092 -0257-047-00 $65.50 1
092 -0257-048-00 $65.50 1
092 -0257-049-00 $65.50 1
092 -0257-050-00 $65.50 1
092 -0257-051-00 $65.50 1
092 -0257-052-00 $65.50 1
092 -0257-053-00 $65.50 1
092 -0257-067-00 $65.50 1
092 -0257-068-00 $65.50 1
092 -0257-069-00 $65.50 1
092 -0257-070-00 $65.50 1
092 -0257-071-00 $65.50 1
092 -0257-072-00 $65.50 1
092 -0257-073-00 $65.50 1
092 -0257-074-00 $65.50 1
092 -0257-075-00 $65.50 1
092 -0257-077-00 $65.50 1
092 -0257-078-00 $65.50 1
092 -0257-079-00 $65.50 1
092 -0257-080-00 $65.50 1
092 -0257-081-00 $65.50 1
092 -0257-082-00 $65.50 1
092 -0257-083-00 $65.50 1
092 -0257-084-00 $65.50 1
092 -0257-086-00 $65.50 1
092 -0257-087-00 $65.50 1
092 -0257-088-00 $65.50 1
092 -0257-089-00 $65.50 1
092 -0257-090-00 $65.50 1
092 -0257-091-00 $65.50 1
092 -0257-092-00 $65.50 1
092 -0257-093-00 $65.50 1
092 -0257-095-00 $65.50 1
092 -0257-096-00 $65.50 1
092 -0257-097-00 $65.50 1
092 -0257-098-00 $65.50 1
092 -0257-099-00 $65.50 1
092 -0257-100-00 1 $65.50
092 -0257-101-00 $65.50 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0257-102-00 $65.50 1
092 -0257-103-00 $65.50 1
092 -0257-104-00 $65.50 1
092 -0257-105-00 $65.50 1
092 -0257-107-00 $65.50 1
092 -0257-108-00 $65.50 1
092 -0257-109-00 $65.50 1
092 -0257-110-00 $65.50 1
092 -0257-111-00 $65.50 1
092 -0257-112-00 $65.50 1
092 -0257-113-00 $65.50 1
092 -0257-114-00 $65.50 1
092 -0257-115-00 $65.50 1
092 -0257-117-00 $65.50 1
092 -0257-118-00 $65.50 1
092 -0257-119-00 $65.50 1
092 -0257-120-00 $65.50 1
092 -0257-121-00 $65.50 1
092 -0257-122-00 $65.50 1
092 -0257-123-00 $65.50 1
092 -0257-124-00 $65.50 1
092 -0257-125-00 $65.50 1
092 -0257-127-00 $65.50 1
092 -0257-128-00 $65.50 1
092 -0257-129-00 $65.50 1
092 -0257-130-00 $65.50 1
092 -0257-131-00 $65.50 1
092 -0257-132-00 $65.50 1
092 -0257-133-00 $65.50 1
092 -0257-134-00 $65.50 1
092 -0257-136-00 $65.50 1
092 -0257-137-00 $65.50 1
092 -0257-138-00 $65.50 1
092 -0257-139-00 $65.50 1
092 -0257-140-00 $65.50 1
092 -0257-141-00 $65.50 1
092 -0257-142-00 $65.50 1
092 -0257-144-00 $65.50 1
092 -0257-145-00 $65.50 1
092 -0257-146-00 $65.50 1
092 -0257-147-00 $65.50 1
092 -0257-148-00 $65.50 1
092 -0257-149-00 $65.50 1
092 -0257-150-00 $65.50 1
092 -0257-151-00 $65.50 1
092 -0257-152-00 $65.50 1
092 -0257-154-00 $65.50 1
092 -0257-155-00 $65.50 1
092 -0257-156-00 $65.50 1
092 -0257-157-00 $65.50 1
092 -0257-158-00 1 $65.50
092 -0257-159-00 $65.50 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0257-160-00 $65.50 1
092 -0257-161-00 $65.50 1
092 -0257-162-00 $65.50 1
092 -0257-164-00 $65.50 1
092 -0257-165-00 $65.50 1
092 -0257-166-00 $65.50 1
092 -0257-167-00 $65.50 1
092 -0257-168-00 $65.50 1
092 -0257-169-00 $65.50 1
092 -0257-170-00 $65.50 1
092 -0257-171-00 $65.50 1
092 -0257-172-00 $65.50 1
092 -0257-174-00 $65.50 1
092 -0257-175-00 $65.50 1
092 -0257-176-00 $65.50 1
092 -0257-177-00 $65.50 1
092 -0257-178-00 $65.50 1
092 -0257-179-00 $65.50 1
092 -0257-180-00 $65.50 1
092 -0257-181-00 $65.50 1
092 -0257-182-00 $65.50 1
092 -0257-184-00 $65.50 1
092 -0257-185-00 $65.50 1
092 -0257-186-00 $65.50 1
092 -0257-187-00 $65.50 1
092 -0257-188-00 $65.50 1
092 -0257-189-00 $65.50 1
092 -0257-190-00 $65.50 1
092 -0257-191-00 $65.50 1
092 -0257-192-00 $65.50 1
092 -0257-194-00 $65.50 1
092 -0257-195-00 $65.50 1
092 -0257-196-00 $65.50 1
092 -0257-197-00 $65.50 1
092 -0257-198-00 $65.50 1
092 -0257-199-00 $65.50 1
092 -0257-200-00 $65.50 1
092 -0257-201-00 $65.50 1
092 -0257-202-00 $65.50 1
092 -0257-204-00 $65.50 1
092 -0257-205-00 $65.50 1
092 -0257-206-00 $65.50 1
092 -0257-207-00 $65.50 1
092 -0257-208-00 $65.50 1
092 -0257-209-00 $65.50 1
092 -0257-210-00 $65.50 1
092 -0257-211-00 $65.50 1
092 -0257-213-00 $65.50 1
092 -0257-214-00 $65.50 1
092 -0257-215-00 $65.50 1
092 -0257-216-00 1 $65.50
092 -0257-217-00 $65.50 1
PART E - 1 06/05/23
Packet Page 858

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0257-218-00 $65.50 1
092 -0257-219-00 $65.50 1
092 -0257-220-00 $65.50 1
092 -0257-221-00 $65.50 1
092 -0257-222-00 $65.50 1
092 -0257-223-00 $65.50 1
092 -0257-225-00 $65.50 1
092 -0257-226-00 $65.50 1
092 -0257-227-00 $65.50 1
092 -0257-228-00 $65.50 1
092 -0257-229-00 $65.50 1
092 -0257-230-00 $65.50 1
092 -0257-231-00 $65.50 1
092 -0257-232-00 $65.50 1
092 -0257-233-00 $65.50 1
092 -0257-234-00 $65.50 1
092 -0257-235-00 $65.50 1
092 -0257-237-00 $65.50 1
092 -0257-238-00 $65.50 1
092 -0257-239-00 $65.50 1
092 -0257-240-00 $65.50 1
092 -0257-241-00 $65.50 1
092 -0257-242-00 $65.50 1
092 -0257-243-00 $65.50 1
092 -0257-244-00 $65.50 1
092 -0257-245-00 $65.50 1
092 -0257-246-00 $65.50 1
092 -0257-247-00 $65.50 1
092 -0257-249-00 $65.50 1
092 -0257-250-00 $65.50 1
092 -0257-251-00 $65.50 1
092 -0257-252-00 $65.50 1
092 -0257-253-00 $65.50 1
092 -0257-254-00 $65.50 1
092 -0257-255-00 $65.50 1
092 -0257-256-00 $65.50 1
092 -0257-257-00 $65.50 1
092 -0257-258-00 $65.50 1
092 -0257-259-00 $65.50 1
092 -0257-261-00 $65.50 1
092 -0257-262-00 $65.50 1
092 -0257-263-00 $65.50 1
092 -0257-264-00 $65.50 1
092 -0257-265-00 $65.50 1
092 -0257-266-00 $65.50 1
092 -0257-267-00 $65.50 1
092 -0257-268-00 $65.50 1
092 -0257-269-00 $65.50 1
092 -0257-270-00 $65.50 1
092 -0257-272-00 $65.50 1
092 -0257-273-00 1 $65.50
092 -0257-274-00 $65.50 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0257-275-00 $65.50 1
092 -0257-276-00 $65.50 1
092 -0257-277-00 $65.50 1
092 -0257-278-00 $65.50 1
092 -0257-279-00 $65.50 1
092 -0257-280-00 $65.50 1
092 -0257-281-00 $65.50 1
092 -0257-282-00 $65.50 1
092 -0257-284-00 $65.50 1
092 -0257-285-00 $65.50 1
092 -0257-286-00 $65.50 1
092 -0257-287-00 $65.50 1
092 -0257-288-00 $65.50 1
092 -0257-289-00 $65.50 1
092 -0257-290-00 $65.50 1
092 -0257-291-00 $65.50 1
092 -0257-292-00 $65.50 1
092 -0257-294-00 $65.50 1
092 -0257-295-00 $65.50 1
092 -0257-296-00 $65.50 1
092 -0257-297-00 $65.50 1
092 -0257-298-00 $65.50 1
092 -0257-299-00 $65.50 1
092 -0257-300-00 $65.50 1
092 -0257-301-00 $65.50 1
092 -0257-302-00 $65.50 1
092 -0257-303-00 $65.50 1
092 -0257-305-00 $65.50 1
092 -0257-306-00 $65.50 1
092 -0257-307-00 $65.50 1
092 -0257-308-00 $65.50 1
092 -0257-309-00 $65.50 1
092 -0257-310-00 $65.50 1
092 -0257-311-00 $65.50 1
092 -0257-312-00 $65.50 1
092 -0257-313-00 $65.50 1
092 -0257-314-00 $65.50 1
092 -0257-315-00 $65.50 1
092 -0257-317-00 $65.50 1
092 -0257-318-00 $65.50 1
092 -0257-319-00 $65.50 1
092 -0257-320-00 $65.50 1
092 -0257-321-00 $65.50 1
092 -0257-322-00 $65.50 1
092 -0257-323-00 $65.50 1
092 -0257-324-00 $65.50 1
092 -0257-325-00 $65.50 1
092 -0257-327-00 $65.50 1
092 -0257-328-00 $65.50 1
092 -0257-329-00 $65.50 1
092 -0257-330-00 1 $65.50
092 -0257-331-00 $65.50 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0257-333-00 $65.50 1
092 -0257-334-00 $65.50 1
092 -0257-335-00 $65.50 1
092 -0257-336-00 $65.50 1
092 -0257-337-00 $65.50 1
092 -0258-012-00 $87.34 1
092 -0258-013-00 $87.34 1
092 -0258-014-00 $87.34 1
092 -0258-015-00 $87.34 1
092 -0258-016-00 $87.34 1
092 -0258-017-00 $87.34 1
092 -0258-018-00 $87.34 1
092 -0258-019-00 $87.34 1
092 -0258-020-00 $87.34 1
092 -0258-021-00 $87.34 1
092 -0258-022-00 $87.34 1
092 -0258-023-00 $87.34 1
092 -0258-024-00 $87.34 1
092 -0258-025-00 $87.34 1
092 -0258-026-00 $87.34 1
092 -0258-027-00 $87.34 1
092 -0258-028-00 $87.34 1
092 -0258-029-00 $87.34 1
092 -0258-030-00 $87.34 1
092 -0258-031-00 $87.34 1
092 -0258-032-00 $87.34 1
092 -0258-033-00 $87.34 1
092 -0258-034-00 $87.34 1
092 -0258-035-00 $87.34 1
092 -0258-036-00 $87.34 1
092 -0258-037-00 $87.34 1
092 -0258-038-00 $87.34 1
092 -0258-039-00 $87.34 1
092 -0258-040-00 $87.34 1
092 -0258-041-00 $87.34 1
092 -0258-042-00 $87.34 1
092 -0258-043-00 $87.34 1
092 -0258-044-00 $87.34 1
092 -0258-045-00 $87.34 1
092 -0258-046-00 $87.34 1
092 -0258-047-00 $87.34 1
092 -0258-048-00 $87.34 1
092 -0258-049-00 $87.34 1
092 -0258-050-00 $87.34 1
092 -0258-051-00 $87.34 1
092 -0258-052-00 $87.34 1
092 -0258-053-00 $87.34 1
092 -0258-054-00 $87.34 1
092 -0258-055-00 $87.34 1
092 -0258-056-00 $87.34 1
092 -0258-057-00 1 $87.34
092 -0258-058-00 $87.34 1
PART E - 2 06/05/23
Packet Page 859

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0258-059-00 $87.34 1
092 -0258-060-00 $87.34 1
092 -0258-061-00 $87.34 1
092 -0258-062-00 $87.34 1
092 -0258-063-00 $87.34 1
092 -0258-064-00 $87.34 1
092 -0258-065-00 $87.34 1
092 -0258-066-00 $87.34 1
092 -0258-067-00 $87.34 1
092 -0258-068-00 $87.34 1
092 -0258-069-00 $87.34 1
092 -0258-070-00 $87.34 1
092 -0258-071-00 $87.34 1
092 -0258-072-00 $87.34 1
092 -0258-073-00 $87.34 1
092 -0258-074-00 $87.34 1
092 -0258-075-00 $87.34 1
092 -0258-076-00 $87.34 1
092 -0258-077-00 $87.34 1
092 -0258-078-00 $87.34 1
092 -0258-079-00 $87.34 1
092 -0258-080-00 $87.34 1
092 -0258-081-00 $87.34 1
092 -0258-082-00 $87.34 1
092 -0258-083-00 $87.34 1
092 -0258-084-00 $87.34 1
092 -0258-085-00 $87.34 1
092 -0258-086-00 $87.34 1
092 -0258-087-00 $87.34 1
092 -0258-088-00 $87.34 1
092 -0258-089-00 $87.34 1
092 -0258-090-00 $87.34 1
092 -0258-091-00 $87.34 1
092 -0258-092-00 $87.34 1
092 -0258-093-00 $87.34 1
092 -0258-094-00 $87.34 1
092 -0258-095-00 $87.34 1
092 -0258-096-00 $87.34 1
092 -0258-097-00 $87.34 1
092 -0258-098-00 $87.34 1
092 -0258-099-00 $87.34 1
092 -0258-100-00 $87.34 1
092 -0258-101-00 $87.34 1
092 -0258-102-00 $87.34 1
092 -0258-103-00 $87.34 1
092 -0258-104-00 $87.34 1
092 -0258-105-00 $87.34 1
092 -0258-106-00 $87.34 1
092 -0258-107-00 $87.34 1
092 -0258-108-00 $87.34 1
092 -0258-109-00 1 $87.34
092 -0258-110-00 $87.34 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0258-111-00 $87.34 1
092 -0258-112-00 $87.34 1
092 -0258-113-00 $87.34 1
092 -0258-114-00 $87.34 1
092 -0258-115-00 $87.34 1
092 -0258-116-00 $87.34 1
092 -0258-117-00 $87.34 1
092 -0258-118-00 $87.34 1
092 -0258-119-00 $87.34 1
092 -0258-120-00 $87.34 1
092 -0258-121-00 $87.34 1
092 -0258-122-00 $87.34 1
092 -0258-123-00 $87.34 1
092 -0258-124-00 $87.34 1
092 -0258-125-00 $87.34 1
092 -0258-126-00 $87.34 1
092 -0258-127-00 $87.34 1
092 -0258-128-00 $87.34 1
092 -0258-129-00 $87.34 1
092 -0258-130-00 $87.34 1
092 -0258-131-00 $87.34 1
092 -0258-132-00 $87.34 1
092 -0258-133-00 $87.34 1
092 -0258-134-00 $87.34 1
092 -0258-135-00 $87.34 1
092 -0258-136-00 $87.34 1
092 -0258-137-00 $87.34 1
092 -0258-138-00 $87.34 1
092 -0258-139-00 $87.34 1
092 -0258-140-00 $87.34 1
092 -0258-141-00 $87.34 1
092 -0258-142-00 $87.34 1
092 -0258-143-00 $87.34 1
092 -0258-144-00 $87.34 1
092 -0258-145-00 $87.34 1
092 -0258-146-00 $87.34 1
092 -0258-147-00 $87.34 1
092 -0258-148-00 $87.34 1
092 -0258-149-00 $87.34 1
092 -0258-150-00 $87.34 1
092 -0258-151-00 $87.34 1
092 -0258-152-00 $87.34 1
092 -0258-153-00 $87.34 1
092 -0258-154-00 $87.34 1
092 -0258-155-00 $87.34 1
092 -0258-156-00 $87.34 1
092 -0258-157-00 $87.34 1
092 -0258-158-00 $87.34 1
092 -0258-159-00 $87.34 1
092 -0258-160-00 $87.34 1
092 -0258-161-00 1 $87.34
092 -0258-162-00 $87.34 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0258-163-00 $87.34 1
092 -0258-164-00 $87.34 1
092 -0258-165-00 $87.34 1
092 -0258-166-00 $87.34 1
092 -0258-167-00 $87.34 1
092 -0258-168-00 $87.34 1
092 -0258-169-00 $87.34 1
092 -0258-170-00 $87.34 1
092 -0258-171-00 $87.34 1
092 -0258-172-00 $87.34 1
092 -0258-173-00 $87.34 1
092 -0258-174-00 $87.34 1
092 -0258-175-00 $87.34 1
092 -0258-176-00 $87.34 1
092 -0258-177-00 $87.34 1
092 -0258-178-00 $87.34 1
092 -0258-179-00 $87.34 1
092 -0258-180-00 $87.34 1
092 -0258-181-00 $87.34 1
092 -0258-182-00 $87.34 1
092 -0258-183-00 $87.34 1
092 -0258-184-00 $87.34 1
092 -0258-185-00 $87.34 1
092 -0258-186-00 $87.34 1
092 -0258-187-00 $87.34 1
092 -0258-188-00 $87.34 1
092 -0258-189-00 $87.34 1
092 -0258-190-00 $87.34 1
092 -0258-191-00 $87.34 1
092 -0258-192-00 $87.34 1
092 -0258-193-00 $87.34 1
092 -0258-194-00 $87.34 1
092 -0258-195-00 $87.34 1
092 -0258-196-00 $87.34 1
092 -0258-197-00 $87.34 1
092 -0258-198-00 $87.34 1
092 -0258-199-00 $87.34 1
092 -0258-200-00 $87.34 1
092 -0258-201-00 $87.34 1
092 -0258-202-00 $87.34 1
092 -0258-203-00 $87.34 1
092 -0258-204-00 $87.34 1
092 -0258-205-00 $87.34 1
092 -0258-206-00 $87.34 1
092 -0261-005-00 $87.34 1
092 -0261-006-00 $87.34 1
092 -0261-007-00 $87.34 1
092 -0261-008-00 $87.34 1
092 -0261-009-00 $87.34 1
092 -0261-010-00 $87.34 1
092 -0261-011-00 1 $87.34
092 -0261-012-00 $87.34 1
PART E - 3 06/05/23
Packet Page 860

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0261-013-00 $87.34 1
092 -0261-014-00 $87.34 1
092 -0261-015-00 $87.34 1
092 -0261-016-00 $87.34 1
092 -0261-017-00 $87.34 1
092 -0261-018-00 $87.34 1
092 -0261-019-00 $87.34 1
092 -0261-020-00 $87.34 1
092 -0261-021-00 $87.34 1
092 -0261-022-00 $87.34 1
092 -0261-023-00 $87.34 1
092 -0261-024-00 $87.34 1
092 -0261-025-00 $87.34 1
092 -0261-026-00 $87.34 1
092 -0261-027-00 $87.34 1
092 -0261-028-00 $87.34 1
092 -0261-029-00 $87.34 1
092 -0261-030-00 $87.34 1
092 -0261-031-00 $87.34 1
092 -0261-032-00 $87.34 1
092 -0261-033-00 $87.34 1
092 -0261-034-00 $87.34 1
092 -0261-035-00 $87.34 1
092 -0261-036-00 $87.34 1
092 -0261-037-00 $87.34 1
092 -0261-038-00 $87.34 1
092 -0261-039-00 $87.34 1
092 -0261-040-00 $87.34 1
092 -0261-041-00 $87.34 1
092 -0261-042-00 $87.34 1
092 -0261-043-00 $87.34 1
092 -0261-044-00 $87.34 1
092 -0261-045-00 $87.34 1
092 -0261-046-00 $87.34 1
092 -0261-047-00 $87.34 1
092 -0261-048-00 $87.34 1
092 -0261-049-00 $87.34 1
092 -0261-050-00 $87.34 1
092 -0261-051-00 $87.34 1
092 -0262-003-00 $87.34 1
092 -0262-004-00 $87.34 1
092 -0262-005-00 $87.34 1
092 -0262-006-00 $87.34 1
092 -0262-007-00 $87.34 1
092 -0262-008-00 $87.34 1
092 -0262-009-00 $87.34 1
092 -0262-010-00 $87.34 1
092 -0262-011-00 $87.34 1
092 -0262-012-00 $87.34 1
092 -0262-013-00 $87.34 1
092 -0262-014-00 1 $87.34
092 -0262-015-00 $87.34 1
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0262-016-00 $87.34 1
092 -0262-017-00 $87.34 1
092 -0262-018-00 $87.34 1
092 -0262-019-00 $87.34 1
092 -0262-020-00 $87.34 1
092 -0262-021-00 $87.34 1
092 -0262-022-00 $87.34 1
092 -0262-023-00 $87.34 1
092 -0262-024-00 $87.34 1
092 -0262-025-00 $87.34 1
092 -0262-026-00 $87.34 1
092 -0262-027-00 $87.34 1
092 -0262-028-00 $87.34 1
092 -0262-029-00 $87.34 1
092 -0262-030-00 $87.34 1
092 -0262-031-00 $87.34 1
092 -0262-032-00 $87.34 1
092 -0262-033-00 $87.34 1
092 -0262-034-00 $87.34 1
092 -0262-035-00 $87.34 1
092 -0262-036-00 $87.34 1
092 -0262-037-00 $87.34 1
092 -0260-024-00 $44.58 2
092 -0260-025-00 $44.58 2
092 -0260-026-00 $44.58 2
092 -0260-027-00 $44.58 2
092 -0260-028-00 $44.58 2
092 -0260-029-00 $44.58 2
092 -0260-030-00 $44.58 2
092 -0260-031-00 $44.58 2
092 -0260-033-00 $44.58 2
092 -0260-034-00 $44.58 2
092 -0260-035-00 $44.58 2
092 -0260-036-00 $44.58 2
092 -0260-037-00 $44.58 2
092 -0260-038-00 $44.58 2
092 -0260-039-00 $44.58 2
092 -0260-040-00 $44.58 2
092 -0260-042-00 $44.58 2
092 -0260-043-00 $44.58 2
092 -0260-044-00 $44.58 2
092 -0260-045-00 $44.58 2
092 -0260-046-00 $44.58 2
092 -0260-047-00 $44.58 2
092 -0260-048-00 $44.58 2
092 -0260-049-00 $44.58 2
092 -0260-051-00 $44.58 2
092 -0260-052-00 $44.58 2
092 -0260-053-00 $44.58 2
092 -0260-054-00 $44.58 2
092 -0260-055-00 2 $44.58
092 -0260-056-00 $44.58 2
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0260-057-00 $44.58 2
092 -0260-058-00 $44.58 2
092 -0260-060-00 $44.58 2
092 -0260-061-00 $44.58 2
092 -0260-062-00 $44.58 2
092 -0260-063-00 $44.58 2
092 -0260-064-00 $44.58 2
092 -0260-065-00 $44.58 2
092 -0260-067-00 $44.58 2
092 -0260-068-00 $44.58 2
092 -0260-069-00 $44.58 2
092 -0260-070-00 $44.58 2
092 -0260-071-00 $44.58 2
092 -0260-072-00 $44.58 2
092 -0260-074-00 $44.58 2
092 -0260-075-00 $44.58 2
092 -0260-076-00 $44.58 2
092 -0260-077-00 $44.58 2
092 -0260-078-00 $44.58 2
092 -0260-080-00 $44.58 2
092 -0260-081-00 $44.58 2
092 -0260-082-00 $44.58 2
092 -0260-083-00 $44.58 2
092 -0260-084-00 $44.58 2
092 -0260-086-00 $44.58 2
092 -0260-087-00 $44.58 2
092 -0260-088-00 $44.58 2
092 -0260-089-00 $44.58 2
092 -0260-090-00 $44.58 2
092 -0260-091-00 $44.58 2
092 -0260-093-00 $44.58 2
092 -0260-094-00 $44.58 2
092 -0260-095-00 $44.58 2
092 -0260-096-00 $44.58 2
092 -0260-097-00 $44.58 2
092 -0260-098-00 $44.58 2
092 -0260-100-00 $44.58 2
092 -0260-101-00 $44.58 2
092 -0260-102-00 $44.58 2
092 -0260-103-00 $44.58 2
092 -0260-104-00 $44.58 2
092 -0260-105-00 $44.58 2
092 -0260-107-00 $44.58 2
092 -0260-108-00 $44.58 2
092 -0260-109-00 $44.58 2
092 -0260-110-00 $44.58 2
092 -0260-111-00 $44.58 2
092 -0260-112-00 $44.58 2
092 -0260-113-00 $44.58 2
092 -0260-114-00 $44.58 2
092 -0260-116-00 2 $44.58
092 -0260-117-00 $44.58 2
PART E - 4 06/05/23
Packet Page 861

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0260-118-00 $44.58 2
092 -0260-119-00 $44.58 2
092 -0260-120-00 $44.58 2
092 -0260-121-00 $44.58 2
092 -0260-122-00 $44.58 2
092 -0260-123-00 $44.58 2
092 -0115-012-08 $2,720.24 3
092 -0259-024-00 $91.14 4
092 -0259-025-00 $91.14 4
092 -0259-026-00 $91.14 4
092 -0259-027-00 $91.14 4
092 -0259-028-00 $91.14 4
092 -0259-029-00 $91.14 4
092 -0259-030-00 $91.14 4
092 -0259-031-00 $91.14 4
092 -0259-032-00 $91.14 4
092 -0259-033-00 $91.14 4
092 -0259-034-00 $91.14 4
092 -0259-035-00 $91.14 4
092 -0259-036-00 $91.14 4
092 -0259-037-00 $91.14 4
092 -0259-038-00 $91.14 4
092 -0259-039-00 $91.14 4
092 -0259-040-00 $91.14 4
092 -0259-041-00 $91.14 4
092 -0259-042-00 $91.14 4
092 -0259-043-00 $91.14 4
092 -0259-044-00 $91.14 4
092 -0259-045-00 $91.14 4
092 -0259-046-00 $91.14 4
092 -0259-047-00 $91.14 4
092 -0259-048-00 $91.14 4
092 -0259-049-00 $91.14 4
092 -0259-050-00 $91.14 4
092 -0259-051-00 $91.14 4
092 -0259-052-00 $91.14 4
092 -0259-053-00 $91.14 4
092 -0259-054-00 $91.14 4
092 -0259-055-00 $91.14 4
092 -0259-056-00 $91.14 4
092 -0259-057-00 $91.14 4
092 -0259-058-00 $91.14 4
092 -0259-059-00 $91.14 4
092 -0259-060-00 $91.14 4
092 -0259-061-00 $91.14 4
092 -0259-062-00 $91.14 4
092 -0259-063-00 $91.14 4
092 -0259-064-00 $91.14 4
092 -0259-065-00 $91.14 4
092 -0259-066-00 $91.14 4
092 -0259-067-00 4 $91.14
092 -0259-068-00 $91.14 4
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0259-069-00 $91.14 4
092 -0259-070-00 $91.14 4
092 -0259-071-00 $91.14 4
092 -0259-072-00 $91.14 4
092 -0259-073-00 $91.14 4
092 -0259-074-00 $91.14 4
092 -0259-075-00 $91.14 4
092 -0259-076-00 $91.14 4
092 -0259-077-00 $91.14 4
092 -0259-078-00 $91.14 4
092 -0259-079-00 $91.14 4
092 -0259-080-00 $91.14 4
092 -0259-081-00 $91.14 4
092 -0259-082-00 $91.14 4
092 -0259-083-00 $91.14 4
092 -0259-084-00 $91.14 4
092 -0259-085-00 $91.14 4
092 -0259-086-00 $91.14 4
092 -0259-087-00 $91.14 4
092 -0259-088-00 $91.14 4
092 -0259-089-00 $91.14 4
092 -0259-090-00 $91.14 4
092 -0259-091-00 $91.14 4
092 -0259-092-00 $91.14 4
092 -0259-093-00 $91.14 4
092 -0259-094-00 $91.14 4
092 -0259-095-00 $91.14 4
092 -0259-096-00 $91.14 4
092 -0259-097-00 $91.14 4
092 -0259-098-00 $91.14 4
092 -0259-099-00 $91.14 4
092 -0259-100-00 $91.14 4
092 -0259-101-00 $91.14 4
092 -0259-102-00 $91.14 4
092 -0259-103-00 $91.14 4
092 -0259-104-00 $91.14 4
092 -0259-105-00 $91.14 4
092 -0259-106-00 $91.14 4
092 -0259-107-00 $91.14 4
092 -0259-108-00 $91.14 4
092 -0259-109-00 $91.14 4
092 -0259-110-00 $91.14 4
092 -0259-111-00 $91.14 4
092 -0259-112-00 $91.14 4
092 -0259-113-00 $91.14 4
092 -0259-114-00 $91.14 4
092 -0259-115-00 $91.14 4
092 -0259-116-00 $91.14 4
092 -0259-117-00 $91.14 4
092 -0259-118-00 $91.14 4
092 -0259-119-00 4 $91.14
092 -0259-120-00 $91.14 4
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0259-121-00 $91.14 4
092 -0259-122-00 $91.14 4
092 -0259-123-00 $91.14 4
092 -0259-124-00 $91.14 4
092 -0259-125-00 $91.14 4
092 -0259-126-00 $91.14 4
092 -0259-127-00 $91.14 4
092 -0259-128-00 $91.14 4
092 -0259-129-00 $91.14 4
092 -0259-130-00 $91.14 4
092 -0259-131-00 $91.14 4
092 -0259-132-00 $91.14 4
092 -0259-133-00 $91.14 4
092 -0259-134-00 $91.14 4
092 -0259-135-00 $91.14 4
092 -0259-136-00 $91.14 4
092 -0259-137-00 $91.14 4
092 -0259-138-00 $91.14 4
092 -0259-139-00 $91.14 4
092 -0259-140-00 $91.14 4
092 -0259-141-00 $91.14 4
092 -0259-142-00 $91.14 4
092 -0259-143-00 $91.14 4
092 -0259-144-00 $91.14 4
092 -0259-145-00 $91.14 4
092 -0259-146-00 $91.14 4
092 -0259-147-00 $91.14 4
092 -0259-148-00 $91.14 4
092 -0259-149-00 $91.14 4
092 -0259-150-00 $91.14 4
092 -0259-151-00 $91.14 4
092 -0259-152-00 $91.14 4
092 -0259-153-00 $91.14 4
092 -0259-154-00 $91.14 4
092 -0259-155-00 $91.14 4
092 -0259-156-00 $91.14 4
092 -0259-157-00 $91.14 4
092 -0259-158-00 $91.14 4
092 -0259-159-00 $91.14 4
092 -0259-160-00 $91.14 4
092 -0259-161-00 $91.14 4
092 -0259-162-00 $91.14 4
092 -0259-163-00 $91.14 4
092 -0259-164-00 $91.14 4
092 -0259-165-00 $91.14 4
092 -0259-166-00 $91.14 4
092 -0259-167-00 $91.14 4
092 -0259-168-00 $91.14 4
092 -0259-169-00 $91.14 4
092 -0259-170-00 $91.14 4
092 -0259-171-00 4 $91.14
092 -0259-172-00 $91.14 4
PART E - 5 06/05/23
Packet Page 862

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0259-173-00 $91.14 4
092 -0259-174-00 $91.14 4
092 -0259-175-00 $91.14 4
092 -0259-176-00 $91.14 4
092 -0259-177-00 $91.14 4
092 -0259-178-00 $91.14 4
092 -0259-179-00 $91.14 4
092 -0259-180-00 $91.14 4
092 -0259-181-00 $91.14 4
092 -0259-182-00 $91.14 4
092 -0259-183-00 $91.14 4
092 -0259-184-00 $91.14 4
092 -0259-185-00 $91.14 4
092 -0259-186-00 $91.14 4
092 -0259-187-00 $91.14 4
092 -0259-188-00 $91.14 4
092 -0259-189-00 $91.14 4
092 -0259-190-00 $91.14 4
092 -0259-191-00 $91.14 4
092 -0259-192-00 $91.14 4
092 -0259-193-00 $91.14 4
092 -0259-194-00 $91.14 4
092 -0259-195-00 $91.14 4
092 -0259-196-00 $91.14 4
092 -0259-197-00 $91.14 4
092 -0259-198-00 $91.14 4
092 -0259-199-00 $91.14 4
092 -0259-200-00 $91.14 4
092 -0259-201-00 $91.14 4
092 -0259-202-00 $91.14 4
092 -0259-203-00 $91.14 4
092 -0259-204-00 $91.14 4
092 -0259-205-00 $91.14 4
092 -0259-206-00 $91.14 4
092 -0259-207-00 $91.14 4
092 -0259-208-00 $91.14 4
092 -0259-209-00 $91.14 4
092 -0259-210-00 $91.14 4
092 -0259-211-00 $91.14 4
092 -0259-212-00 $91.14 4
092 -0259-213-00 $91.14 4
092 -0259-214-00 $91.14 4
092 -0259-215-00 $91.14 4
092 -0259-216-00 $91.14 4
092 -0259-217-00 $91.14 4
092 -0259-218-00 $91.14 4
092 -0259-219-00 $91.14 4
092 -0259-220-00 $91.14 4
092 -0259-221-00 $91.14 4
092 -0259-222-00 $91.14 4
092 -0259-223-00 4 $91.14
092 -0259-224-00 $91.14 4
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0259-225-00 $91.14 4
092 -0259-226-00 $91.14 4
092 -0259-227-00 $91.14 4
092 -0259-228-00 $91.14 4
092 -0259-229-00 $91.14 4
092 -0259-230-00 $91.14 4
092 -0259-231-00 $91.14 4
092 -0259-232-00 $91.14 4
092 -0259-233-00 $91.14 4
092 -0259-234-00 $91.14 4
092 -0259-235-00 $91.14 4
092 -0259-236-00 $91.14 4
092 -0259-237-00 $91.14 4
092 -0259-238-00 $91.14 4
092 -0259-239-00 $91.14 4
092 -0259-240-00 $91.14 4
537 -0856-001-00 $517.52 5
537 -0856-014-00 $80.00 5
537 -0856-015-00 $80.00 5
537 -0856-016-00 $80.00 5
537 -0856-017-00 $80.00 5
537 -0856-018-00 $80.00 5
537 -0856-019-00 $80.00 5
537 -0856-020-00 $80.00 5
537 -0856-021-00 $80.00 5
537 -0856-022-00 $80.00 5
537 -0856-023-00 $80.00 5
537 -0856-024-00 $80.00 5
537 -0856-025-00 $80.00 5
537 -0856-026-00 $80.00 5
537 -0856-027-00 $80.00 5
537 -0856-028-00 $80.00 5
537 -0856-029-00 $80.00 5
537 -0856-030-00 $80.00 5
537 -0856-031-00 $80.00 5
537 -0856-032-00 $80.00 5
537 -0856-033-00 $80.00 5
537 -0856-034-00 $80.00 5
537 -0856-035-00 $80.00 5
537 -0856-036-00 $80.00 5
537 -0856-037-00 $80.00 5
537 -0856-038-00 $80.00 5
537 -0856-039-00 $80.00 5
537 -0856-040-00 $80.00 5
537 -0856-041-00 $80.00 5
537 -0856-042-00 $80.00 5
537 -0856-043-00 $80.00 5
537 -0856-044-00 $80.00 5
537 -0856-045-00 $80.00 5
537 -0856-046-00 $80.00 5
537 -0856-047-00 5 $80.00
537 -0856-048-00 $80.00 5
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0856-049-00 $80.00 5
537 -0856-050-00 $80.00 5
537 -0856-051-00 $80.00 5
537 -0856-052-00 $80.00 5
537 -0856-053-00 $80.00 5
537 -0856-054-00 $80.00 5
537 -0856-055-00 $80.00 5
537 -0856-056-00 $80.00 5
537 -0856-057-00 $80.00 5
537 -0856-058-00 $80.00 5
537 -0856-059-00 $80.00 5
537 -0856-060-00 $80.00 5
537 -0856-061-00 $80.00 5
537 -0856-062-00 $80.00 5
537 -0856-063-00 $80.00 5
537 -0856-064-00 $80.00 5
537 -0856-065-00 $80.00 5
537 -0856-087-00 $80.00 5
537 -0856-088-00 $80.00 5
537 -0856-089-00 $80.00 5
537 -0856-090-00 $80.00 5
537 -0856-091-00 $80.00 5
537 -0856-092-00 $80.00 5
537 -0856-093-00 $80.00 5
537 -0856-094-00 $80.00 5
537 -0856-095-00 $80.00 5
537 -0856-096-00 $80.00 5
537 -0856-097-00 $80.00 5
537 -0856-098-00 $80.00 5
537 -0856-099-00 $80.00 5
537 -0856-100-00 $80.00 5
537 -0856-101-00 $80.00 5
537 -0856-102-00 $60.00 5
537 -0856-103-00 $60.00 5
537 -0856-104-00 $60.00 5
537 -0856-105-00 $60.00 5
537 -0856-106-00 $60.00 5
537 -0856-107-00 $60.00 5
537 -0856-109-00 $60.00 5
537 -0856-110-00 $60.00 5
537 -0856-111-00 $60.00 5
537 -0856-112-00 $60.00 5
537 -0856-113-00 $60.00 5
537 -0856-114-00 $60.00 5
537 -0856-115-00 $60.00 5
537 -0856-117-00 $60.00 5
537 -0856-118-00 $60.00 5
537 -0856-119-00 $60.00 5
537 -0856-120-00 $60.00 5
537 -0856-121-00 $60.00 5
537 -0856-122-00 5 $60.00
537 -0856-123-00 $60.00 5
PART E - 6 06/05/23
Packet Page 863

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0856-125-00 $60.00 5
537 -0856-126-00 $60.00 5
537 -0856-127-00 $60.00 5
537 -0856-128-00 $60.00 5
537 -0856-129-00 $60.00 5
537 -0856-130-00 $60.00 5
537 -0856-131-00 $60.00 5
537 -0856-132-00 $60.00 5
537 -0856-133-00 $60.00 5
537 -0856-135-00 $60.00 5
537 -0856-136-00 $60.00 5
537 -0856-137-00 $60.00 5
537 -0856-138-00 $60.00 5
537 -0856-139-00 $60.00 5
537 -0856-140-00 $60.00 5
537 -0856-141-00 $60.00 5
537 -0856-142-00 $60.00 5
537 -0856-143-00 $60.00 5
537 -0856-145-00 $60.00 5
537 -0856-146-00 $60.00 5
537 -0856-147-00 $60.00 5
537 -0856-148-00 $60.00 5
537 -0856-149-00 $60.00 5
537 -0856-150-00 $60.00 5
537 -0856-151-00 $60.00 5
537 -0856-152-00 $60.00 5
537 -0856-153-00 $60.00 5
537 -0856-155-00 $60.00 5
537 -0856-156-00 $60.00 5
537 -0856-157-00 $60.00 5
537 -0856-158-00 $60.00 5
537 -0856-159-00 $60.00 5
537 -0856-160-00 $60.00 5
537 -0856-162-00 $60.00 5
537 -0856-163-00 $60.00 5
537 -0856-164-00 $60.00 5
537 -0856-165-00 $60.00 5
537 -0856-166-00 $60.00 5
537 -0856-167-00 $60.00 5
537 -0856-169-00 $60.00 5
537 -0856-170-00 $60.00 5
537 -0856-171-00 $60.00 5
537 -0856-172-00 $60.00 5
537 -0856-173-00 $60.00 5
537 -0856-174-00 $60.00 5
537 -0856-175-00 $60.00 5
537 -0856-176-00 $60.00 5
537 -0856-177-00 $60.00 5
537 -0856-179-00 $60.00 5
537 -0856-180-00 $60.00 5
537 -0856-181-00 5 $60.00
537 -0856-182-00 $60.00 5
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0856-184-00 $60.00 5
537 -0856-185-00 $60.00 5
537 -0856-186-00 $60.00 5
537 -0856-187-00 $60.00 5
537 -0856-188-00 $60.00 5
537 -0856-189-00 $60.00 5
537 -0856-190-00 $60.00 5
537 -0856-191-00 $60.00 5
537 -0856-192-00 $60.00 5
537 -0857-020-00 $80.00 5
537 -0857-021-00 $80.00 5
537 -0857-022-00 $80.00 5
537 -0857-023-00 $80.00 5
537 -0857-024-00 $80.00 5
537 -0857-025-00 $80.00 5
537 -0857-026-00 $80.00 5
537 -0857-027-00 $80.00 5
537 -0857-028-00 $80.00 5
537 -0857-029-00 $80.00 5
537 -0857-030-00 $80.00 5
537 -0857-031-00 $80.00 5
537 -0857-032-00 $80.00 5
537 -0857-033-00 $80.00 5
537 -0857-034-00 $80.00 5
537 -0857-035-00 $80.00 5
537 -0857-036-00 $80.00 5
537 -0857-037-00 $80.00 5
537 -0857-038-00 $80.00 5
537 -0857-039-00 $80.00 5
537 -0857-040-00 $80.00 5
537 -0857-041-00 $80.00 5
537 -0857-042-00 $80.00 5
537 -0857-043-00 $80.00 5
537 -0857-044-00 $80.00 5
537 -0857-045-00 $80.00 5
537 -0857-046-00 $80.00 5
537 -0857-047-00 $80.00 5
537 -0857-048-00 $80.00 5
537 -0857-049-00 $80.00 5
537 -0857-050-00 $80.00 5
537 -0857-051-00 $80.00 5
537 -0857-052-00 $80.00 5
537 -0857-053-00 $80.00 5
537 -0857-054-00 $80.00 5
537 -0857-055-00 $80.00 5
537 -0857-056-00 $80.00 5
537 -0857-057-00 $80.00 5
537 -0857-058-00 $80.00 5
537 -0857-059-00 $80.00 5
537 -0857-060-00 $80.00 5
537 -0857-061-00 5 $80.00
537 -0857-062-00 $80.00 5
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0857-063-00 $80.00 5
537 -0857-064-00 $80.00 5
537 -0857-065-00 $80.00 5
537 -0857-066-00 $80.00 5
537 -0857-067-00 $80.00 5
537 -0857-068-00 $80.00 5
537 -0857-069-00 $80.00 5
537 -0857-070-00 $80.00 5
537 -0857-071-00 $80.00 5
537 -0857-072-00 $80.00 5
537 -0857-073-00 $80.00 5
537 -0857-074-00 $80.00 5
537 -0857-075-00 $80.00 5
537 -0857-076-00 $80.00 5
537 -0857-077-00 $80.00 5
537 -0857-078-00 $80.00 5
537 -0857-079-00 $80.00 5
537 -0857-080-00 $80.00 5
537 -0857-081-00 $80.00 5
537 -0857-082-00 $80.00 5
537 -0857-083-00 $80.00 5
537 -0857-084-00 $80.00 5
537 -0857-085-00 $80.00 5
537 -0857-086-00 $80.00 5
537 -0857-087-00 $80.00 5
537 -0857-088-00 $80.00 5
537 -0857-089-00 $80.00 5
537 -0857-090-00 $80.00 5
537 -0857-091-00 $80.00 5
537 -0857-092-00 $80.00 5
537 -0857-093-00 $80.00 5
537 -0857-094-00 $80.00 5
537 -0857-095-00 $80.00 5
537 -0857-096-00 $80.00 5
537 -0857-097-00 $80.00 5
537 -0857-098-00 $80.00 5
537 -0857-099-00 $80.00 5
537 -0857-100-00 $80.00 5
537 -0857-101-00 $80.00 5
537 -0857-102-00 $80.00 5
537 -0857-103-00 $80.00 5
537 -0857-104-00 $80.00 5
537 -0857-105-00 $80.00 5
537 -0857-106-00 $80.00 5
537 -0857-107-00 $80.00 5
537 -0857-108-00 $80.00 5
537 -0857-109-00 $80.00 5
537 -0857-110-00 $80.00 5
537 -0857-111-00 $80.00 5
537 -0857-112-00 $80.00 5
537 -0857-113-00 5 $80.00
537 -0857-114-00 $80.00 5
PART E - 7 06/05/23
Packet Page 864

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0857-115-00 $80.00 5
537 -0857-116-00 $80.00 5
537 -0857-117-00 $80.00 5
537 -0857-118-00 $80.00 5
537 -0857-119-00 $80.00 5
537 -0857-120-00 $80.00 5
537 -0857-121-00 $80.00 5
537 -0857-122-00 $80.00 5
537 -0857-123-00 $80.00 5
537 -0857-124-00 $80.00 5
537 -0857-125-00 $80.00 5
537 -0857-126-00 $80.00 5
537 -0857-127-00 $80.00 5
537 -0857-128-00 $80.00 5
537 -0857-129-00 $80.00 5
537 -0857-130-00 $80.00 5
537 -0857-131-00 $80.00 5
537 -0857-132-00 $80.00 5
537 -0857-133-00 $80.00 5
537 -0857-134-00 $80.00 5
537 -0857-135-00 $80.00 5
537 -0857-136-00 $80.00 5
537 -0857-137-00 $80.00 5
537 -0857-138-00 $80.00 5
537 -0857-139-00 $80.00 5
537 -0857-140-00 $80.00 5
537 -0857-141-00 $80.00 5
537 -0857-142-00 $80.00 5
537 -0857-143-00 $80.00 5
537 -0857-144-00 $80.00 5
537 -0857-145-00 $80.00 5
537 -0857-146-00 $80.00 5
537 -0857-147-00 $80.00 5
537 -0857-148-00 $80.00 5
537 -0857-149-00 $80.00 5
537 -0857-150-00 $80.00 5
537 -0857-151-00 $80.00 5
537 -0857-152-00 $80.00 5
537 -0857-153-00 $80.00 5
537 -0857-154-00 $80.00 5
537 -0857-155-00 $80.00 5
537 -0857-156-00 $80.00 5
537 -0857-157-00 $80.00 5
537 -0857-158-00 $80.00 5
537 -0857-159-00 $80.00 5
537 -0857-160-00 $80.00 5
537 -0857-161-00 $80.00 5
537 -0857-162-00 $80.00 5
537 -0857-163-00 $80.00 5
537 -0857-164-00 $80.00 5
537 -0857-165-00 5 $80.00
537 -0857-166-00 $80.00 5
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0857-167-00 $80.00 5
537 -0857-168-00 $80.00 5
537 -0857-169-00 $80.00 5
537 -0857-170-00 $80.00 5
537 -0857-171-00 $80.00 5
537 -0857-172-00 $80.00 5
537 -0857-173-00 $80.00 5
537 -0857-174-00 $80.00 5
537 -0857-175-00 $80.00 5
537 -0857-176-00 $80.00 5
537 -0857-177-00 $80.00 5
537 -0857-178-00 $80.00 5
537 -0857-179-00 $80.00 5
537 -0857-180-00 $80.00 5
537 -0857-181-00 $80.00 5
537 -0857-182-00 $80.00 5
537 -0857-183-00 $80.00 5
537 -0857-184-00 $80.00 5
537 -0857-185-00 $80.00 5
537 -0857-186-00 $80.00 5
537 -0857-187-00 $80.00 5
537 -0857-188-00 $80.00 5
537 -0857-189-00 $80.00 5
537 -0857-190-00 $80.00 5
537 -0857-191-00 $80.00 5
537 -0857-192-00 $80.00 5
537 -0857-193-00 $80.00 5
537 -0857-194-00 $80.00 5
537 -0857-195-00 $80.00 5
537 -0857-196-00 $80.00 5
537 -0857-197-00 $80.00 5
537 -0857-198-00 $80.00 5
537 -0857-199-00 $80.00 5
537 -0857-200-00 $80.00 5
537 -0858-029-00 $60.00 5
537 -0858-030-00 $60.00 5
537 -0858-031-00 $60.00 5
537 -0858-032-00 $60.00 5
537 -0858-033-00 $60.00 5
537 -0858-034-00 $60.00 5
537 -0858-035-00 $60.00 5
537 -0858-037-00 $60.00 5
537 -0858-038-00 $60.00 5
537 -0858-039-00 $60.00 5
537 -0858-040-00 $60.00 5
537 -0858-041-00 $60.00 5
537 -0858-042-00 $60.00 5
537 -0858-043-00 $60.00 5
537 -0858-045-00 $60.00 5
537 -0858-046-00 $60.00 5
537 -0858-047-00 5 $60.00
537 -0858-048-00 $60.00 5
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0858-050-00 $60.00 5
537 -0858-051-00 $60.00 5
537 -0858-052-00 $60.00 5
537 -0858-053-00 $60.00 5
537 -0858-054-00 $60.00 5
537 -0858-055-00 $60.00 5
537 -0858-056-00 $60.00 5
537 -0858-057-00 $60.00 5
537 -0858-058-00 $60.00 5
537 -0858-060-00 $60.00 5
537 -0858-061-00 $60.00 5
537 -0858-062-00 $60.00 5
537 -0858-063-00 $60.00 5
537 -0858-064-00 $60.00 5
537 -0858-065-00 $60.00 5
537 -0858-067-00 $60.00 5
537 -0858-068-00 $60.00 5
537 -0858-069-00 $60.00 5
537 -0858-070-00 $60.00 5
537 -0858-071-00 $60.00 5
537 -0858-072-00 $60.00 5
537 -0858-073-00 $60.00 5
537 -0858-075-00 $60.00 5
537 -0858-076-00 $60.00 5
537 -0858-077-00 $60.00 5
537 -0858-078-00 $60.00 5
537 -0858-079-00 $60.00 5
537 -0858-080-00 $60.00 5
537 -0858-081-00 $60.00 5
537 -0858-082-00 $60.00 5
537 -0858-083-00 $60.00 5
537 -0858-085-00 $60.00 5
537 -0858-086-00 $60.00 5
537 -0858-087-00 $60.00 5
537 -0858-088-00 $60.00 5
537 -0858-089-00 $60.00 5
537 -0858-090-00 $60.00 5
537 -0860-034-00 $24.96 5
537 -0860-035-00 $31.68 5
537 -0860-036-00 $25.84 5
537 -0860-037-00 $80.00 5
537 -0860-038-00 $80.00 5
537 -0860-039-00 $80.00 5
537 -0860-040-00 $80.00 5
537 -0860-041-00 $80.00 5
537 -0860-042-00 $80.00 5
537 -0860-043-00 $80.00 5
537 -0860-044-00 $80.00 5
537 -0860-045-00 $80.00 5
537 -0860-046-00 $80.00 5
537 -0860-047-00 5 $80.00
537 -0860-048-00 $80.00 5
PART E - 8 06/05/23
Packet Page 865

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0860-049-00 $80.00 5
537 -0860-050-00 $80.00 5
537 -0860-051-00 $80.00 5
537 -0860-052-00 $80.00 5
537 -0860-053-00 $80.00 5
537 -0860-054-00 $80.00 5
537 -0860-055-00 $80.00 5
537 -0860-056-00 $80.00 5
537 -0860-057-00 $80.00 5
537 -0860-058-00 $80.00 5
537 -0860-059-00 $80.00 5
537 -0860-060-00 $80.00 5
537 -0860-061-00 $80.00 5
537 -0860-062-00 $80.00 5
537 -0860-063-00 $80.00 5
537 -0860-064-00 $80.00 5
537 -0860-065-00 $80.00 5
537 -0860-066-00 $80.00 5
537 -0860-067-00 $80.00 5
537 -0860-068-00 $80.00 5
537 -0860-069-00 $80.00 5
537 -0860-070-00 $80.00 5
537 -0860-071-00 $80.00 5
537 -0860-072-00 $80.00 5
537 -0860-073-00 $80.00 5
537 -0860-074-00 $80.00 5
537 -0860-075-00 $80.00 5
537 -0860-076-00 $80.00 5
537 -0860-077-00 $80.00 5
537 -0860-078-00 $80.00 5
537 -0860-079-00 $80.00 5
537 -0860-080-00 $80.00 5
537 -0860-081-00 $80.00 5
537 -0860-082-00 $80.00 5
537 -0860-083-00 $80.00 5
537 -0860-084-00 $80.00 5
537 -0860-085-00 $80.00 5
537 -0860-086-00 $80.00 5
537 -0860-087-00 $80.00 5
537 -0860-088-00 $80.00 5
537 -0860-089-00 $80.00 5
537 -0860-090-00 $80.00 5
537 -0860-091-00 $80.00 5
537 -0860-092-00 $80.00 5
537 -0860-093-00 $80.00 5
537 -0860-094-00 $80.00 5
537 -0860-095-00 $60.00 5
537 -0860-096-00 $60.00 5
537 -0860-097-00 $60.00 5
537 -0860-098-00 $60.00 5
537 -0860-099-00 5 $60.00
537 -0860-100-00 $60.00 5
Assessor's
Parcel
Number Zone
Assessment
Amount
537 -0860-102-00 $60.00 5
537 -0860-103-00 $60.00 5
537 -0860-104-00 $60.00 5
537 -0860-105-00 $60.00 5
537 -0860-106-00 $60.00 5
537 -0860-107-00 $60.00 5
537 -0860-109-00 $60.00 5
537 -0860-110-00 $60.00 5
537 -0860-111-00 $60.00 5
537 -0860-112-00 $60.00 5
537 -0860-113-00 $60.00 5
537 -0860-114-00 $60.00 5
537 -0860-116-00 $60.00 5
537 -0860-117-00 $60.00 5
537 -0860-118-00 $60.00 5
537 -0860-119-00 $60.00 5
537 -0860-120-00 $60.00 5
537 -0860-121-00 $60.00 5
537 -0860-123-00 $60.00 5
537 -0860-124-00 $60.00 5
537 -0860-125-00 $60.00 5
537 -0860-126-00 $60.00 5
537 -0860-127-00 $60.00 5
537 -0860-128-00 $60.00 5
537 -0860-130-00 $60.00 5
537 -0860-131-00 $60.00 5
537 -0860-132-00 $60.00 5
537 -0860-133-00 $60.00 5
537 -0860-134-00 $60.00 5
537 -0860-135-00 $60.00 5
537 -0860-137-00 $60.00 5
537 -0860-138-00 $60.00 5
537 -0860-139-00 $60.00 5
537 -0860-140-00 $60.00 5
537 -0860-141-00 $60.00 5
537 -0860-142-00 $60.00 5
537 -0860-144-00 $60.00 5
537 -0860-145-00 $60.00 5
537 -0860-146-00 $60.00 5
537 -0860-147-00 $60.00 5
537 -0860-148-00 $60.00 5
537 -0860-149-00 $60.00 5
092 -0264-011-00 $107.46 6
092 -0264-012-00 $107.46 6
092 -0264-013-00 $107.46 6
092 -0264-014-00 $107.46 6
092 -0264-015-00 $107.46 6
092 -0264-016-00 $107.46 6
092 -0264-017-00 $107.46 6
092 -0264-018-00 $107.46 6
092 -0264-019-00 6 $107.46
092 -0264-020-00 $107.46 6
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0264-021-00 $107.46 6
092 -0264-022-00 $107.46 6
092 -0264-023-00 $107.46 6
092 -0264-024-00 $107.46 6
092 -0264-025-00 $107.46 6
092 -0264-026-00 $107.46 6
092 -0264-027-00 $107.46 6
092 -0264-028-00 $107.46 6
092 -0264-029-00 $107.46 6
092 -0264-030-00 $107.46 6
092 -0264-031-00 $107.46 6
092 -0264-032-00 $107.46 6
092 -0264-033-00 $107.46 6
092 -0264-034-00 $107.46 6
092 -0264-035-00 $107.46 6
092 -0264-036-00 $107.46 6
092 -0264-037-00 $107.46 6
092 -0264-038-00 $107.46 6
092 -0264-039-00 $107.46 6
092 -0264-040-00 $107.46 6
092 -0264-041-00 $107.46 6
092 -0264-042-00 $107.46 6
092 -0264-043-00 $107.46 6
092 -0264-044-00 $107.46 6
092 -0264-045-00 $107.46 6
092 -0264-046-00 $107.46 6
092 -0264-047-00 $107.46 6
092 -0264-048-00 $107.46 6
092 -0264-049-00 $107.46 6
092 -0264-050-00 $107.46 6
092 -0264-051-00 $107.46 6
092 -0264-052-00 $107.46 6
092 -0264-053-00 $107.46 6
092 -0264-054-00 $107.46 6
092 -0264-055-00 $107.46 6
092 -0264-056-00 $107.46 6
092 -0264-057-00 $107.46 6
092 -0264-058-00 $107.46 6
092 -0264-059-00 $107.46 6
092 -0264-060-00 $107.46 6
092 -0264-061-00 $107.46 6
092 -0264-062-00 $107.46 6
092 -0264-063-00 $107.46 6
092 -0264-070-00 $80.60 6
092 -0264-071-00 $80.60 6
092 -0264-072-00 $80.60 6
092 -0264-074-00 $80.60 6
092 -0264-075-00 $80.60 6
092 -0264-076-00 $80.60 6
092 -0264-077-00 $80.60 6
092 -0264-078-00 6 $80.60
092 -0264-080-00 $80.60 6
PART E - 9 06/05/23
Packet Page 866

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0264-081-00 $80.60 6
092 -0264-082-00 $80.60 6
092 -0264-083-00 $80.60 6
092 -0264-084-00 $80.60 6
092 -0264-085-00 $80.60 6
092 -0264-086-00 $80.60 6
092 -0264-093-00 $80.60 6
092 -0264-096-00 $80.60 6
092 -0264-097-00 $80.60 6
092 -0264-100-00 $80.60 6
092 -0264-101-00 $80.60 6
092 -0264-102-00 $80.60 6
092 -0264-103-00 $80.60 6
092 -0264-104-00 $80.60 6
092 -0264-105-00 $80.60 6
092 -0264-107-00 $80.60 6
092 -0264-108-00 $80.60 6
092 -0264-109-00 $80.60 6
092 -0264-110-00 $80.60 6
092 -0265-015-00 $80.60 6
092 -0265-016-00 $80.60 6
092 -0265-017-00 $80.60 6
092 -0265-018-00 $80.60 6
092 -0265-019-00 $80.60 6
092 -0265-021-00 $80.60 6
092 -0265-022-00 $80.60 6
092 -0265-023-00 $80.60 6
092 -0265-024-00 $80.60 6
092 -0265-025-00 $80.60 6
092 -0265-027-00 $80.60 6
092 -0265-028-00 $80.60 6
092 -0265-029-00 $80.60 6
092 -0265-030-00 $80.60 6
092 -0265-031-00 $80.60 6
092 -0265-033-00 $80.60 6
092 -0265-034-00 $80.60 6
092 -0265-035-00 $80.60 6
092 -0265-036-00 $80.60 6
092 -0265-038-00 $80.60 6
092 -0265-039-00 $80.60 6
092 -0265-040-00 $80.60 6
092 -0265-041-00 $80.60 6
092 -0265-042-00 $80.60 6
092 -0265-043-00 $80.60 6
092 -0265-045-00 $80.60 6
092 -0265-046-00 $80.60 6
092 -0265-047-00 $80.60 6
092 -0265-048-00 $80.60 6
092 -0265-049-00 $80.60 6
092 -0265-050-00 $80.60 6
092 -0265-051-00 6 $80.60
092 -0265-053-00 $80.60 6
Assessor's
Parcel
Number Zone
Assessment
Amount
092 -0265-054-00 $80.60 6
092 -0265-055-00 $80.60 6
092 -0265-056-00 $80.60 6
092 -0265-057-00 $80.60 6
092 -0265-058-00 $80.60 6
092 -0265-060-00 $80.60 6
092 -0265-061-00 $80.60 6
092 -0265-062-00 $80.60 6
092 -0265-063-00 $80.60 6
092 -0265-064-00 $80.60 6
092 -0265-065-00 $80.60 6
092 -0265-067-00 $80.60 6
092 -0265-068-00 $80.60 6
092 -0265-069-00 $80.60 6
092 -0265-070-00 $80.60 6
092 -0265-071-00 $80.60 6
092 -0265-072-00 $80.60 6
092 -0265-074-00 $80.60 6
092 -0265-076-00 $80.60 6
092 -0265-077-00 $80.60 6
Total Parcels: 1,476
Total Assessment: $116,315.32
PART E - 10 06/05/23
Packet Page 867

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 19

ASSESSMENT ROLL
Fiscal Year 2023-24

SUMMARY
Parcel Assessment
542 $ 41,550.68
Zone No. 2 88 $ 3,923.04
Total 1,476 $ 116,315.32
Zone No. 3 1 $ 2,720.24
Zone No. 4 217 $ 19,777.38
Zone No. 5 494 $ 36,120.00
Zone No. 6 134 $ 12,223.98
Zone No. 1
Zone
Packet Page 868
Item  F. 2.

DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Jayson Imai, Assistant City Engineer
SUBJECT    Adopt a resolution for approval of the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2023-2024 Project List
SUMMARY AND RECOMMENDATION
In order to receive Road Maintenance and Rehabilitation Account (RMRA) funds from the State, Senate Bill 1 requires cities and counties to submit to the California Transportation Commission each year a list of projects proposed to be funded with RMRA funds.  For Fiscal Year 2023-2024, staff recommends that City Council approve inclusion of the Old Town Streetscape and Complete Streets Improvements Project on the City of Newark’s RMRA Project List, and that the City Council, by resolution approve the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2023-2024 Project List.

BACKGROUND
In April 2017, the State Legislature passed Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017. SB1 established the Road Maintenance and Rehabilitation Program and provides a significant, stable and ongoing increase in state transportation funding to address deferred maintenance on the state highway and local streets and roads systems.  Funds for the program are deposited into the State Transportation Fund, Road Maintenance and Rehabilitation Account (RMRA).  The funds come from increased gasoline excise taxes, diesel fuel sales taxes, and vehicle registration fees.

SB1 continues to generate over $5 billion annually for State and local transportation improvements.  Cities and counties are slated to receive over $1.4 billion per year for local street and road maintenance.  Allocations of funds to cities are based upon population.

RMRA funding is in addition to the Highway Users Tax Account (HUTA) funds that the City receives annually (commonly known as “Gas Tax” funds).  However, for the purposes of the 2022-2024 Biennial Budget and Capital Improvement Plan, RMRA revenue is included with anticipated Gas Tax fund projections.

In order to receive RMRA funds from the State, SB1 requires cities and counties to submit to the California Transportation Commission each year a list of projects proposed to be funded with RMRA funds.  RMRA funds are required to be used towards projects that include, but are not limited to:

Packet Page 869
towards projects that include, but are not limited to:

Road maintenance and rehabilitation
Safety improvements
Railroad grade separations
Traffic control devices
Complete Street components, which include active transportation elements, pedestrian and bicycle safety improvements, transit facilities, and drainage and stormwater capture measures in conjunction with other allowable projects

DISCUSSION/ANALYSIS
Fuel consumption sharply declined during the height of the COVID-19 health crisis and Shelter-In-Place orders in effect throughout the state of California, but has largely recovered to its prior, slightly declining trajectory.  Fuel prices have remained relatively high over the past several months; however, the price of fuel has no effect on Local Streets and Roads RMRA revenue as all SB1 taxes are assessed per gallon, regardless of price.  The State Department of Finance (DOF) estimates that Fiscal Year 2023-2024 RMRA revenues will grow by 11.4 percent over the current fiscal year despite lower fuel consumption as scheduled SB1 tax rate increases have kept local revenue allocations growing at a modest rate.

Updated revenue projections released in May estimate that the City of Newark will receive approximately $1,148,916 of RMRA funds for Fiscal Year 2023-2024.  This is an increase of 13.7% over Newark’s estimated total RMRA fund revenues in Fiscal Year 2022-2023.

For Fiscal Year 2023-2024, staff recommends that City Council approve the following RMRA project list:

Project Title Project Location
Old Town Streetscape and
Complete Streets Improvements,
Project No. 1258
Thornton Avenue
between Olive Street
and Ash Street
In the past, RMRA funds were used to help fund the City’s Annual Asphalt Concrete Overlay, Slurry Seal and Sidewalk, Curb and Gutter Replacement Programs, among other projects.

The RMRA project list is neither binding nor inclusive.  Including a project on the list does not obligate the City to complete the project nor does it limit the flexibility of the City to use RMRA funds toward projects not originally included on the list, so long as the project meets the eligibility criteria listed above.

FISCAL IMPACT
There is no fiscal impact associated with this action. Jurisdictions that receive SB1/RMRA funds are not required to provide local matching funds.

Packet Page 870
REVIEW AND APPROVAL
Prepared 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 - Lenka Hovorka, Assistant City Manager
Attachments
RMRA Fiscal Year 2024 Project List Resolution
Packet Page 871
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 (SENATE BILL 1) FISCAL
YEAR 2023-2024 PROJECT LIST
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects in our community that are proposed for SB1 funding and which projects are completed each fiscal year; and
WHEREAS, the City must adopt by resolution each year a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, with such list of projects including a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,148,916 in RMRA funding in Fiscal Year 2023-2024 from SB1; and
WHEREAS, this is the seventh year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City used the 2022-2024 Capital Improvement Plan to develop the SB1 project list to ensure public input into our community’s transportation priorities; and WHEREAS, the City uses a Pavement Management System to develop SB1 project lists to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate multiple street segments and help add active transportation infrastructure throughout the City this year and into the future; and
WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets are in “good” condition and this revenue will help the City maintain the overall quality of our road system and over the next decade; and Packet Page 872
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety and investing in complete streets infrastructure will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the following list of projects to be funded in part or solely with Fiscal Year 2023- 2024 Road Maintenance and Rehabilitation Account revenues:

Project Title
& Description
Project
Location
Estimated
Useful Life
Anticipated
Start of
Project
Anticipated
Completion
of Project
Old Town Streetscape and
Complete Streets
Improvements, Project No.
1258
Roadway and complete street
improvements that will
improve access, safety, and
connections for pedestrians,
bicyclists, and transit users,
while also serving as a
catalyst for private
investment in the Old Town
neighborhood. The Project
will reduce the number of
travel lanes on Thornton
Avenue from three to two, to
provide the necessary right
of way to construct wider
sidewalks and new bike
lanes. Additional pedestrian
and bicycle safety and
connectivity improvements
will include high visibility
crosswalks, curb extensions,
and a new bus stop boarding
island to reduce conflicts
with bike lanes, all to
improve the convenience and
comfort of alternative travel
modes.

Thornton
Avenue
between Olive
Street and Ash
Street
20 years June 2025 December
2025
Packet Page 873
Item  F. 3.

DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT    Waive full reading, conduct second reading by title only, and adopt an ordinance adding Chapter 8.44, "Sustainable Foodware", to the Newark Municipal Code.

An ordinance adding Chapter 8.44, "Sustainable Foodware", was introduced at the June 8, 2023, City Council meeting. A second reading of the ordinance is required prior to adoption.

The Sustainable Foodware Ordinance aims to reduce single-use plastic waste, decrease the amount of waste going to landfill, reduce the discharge of plastics to local creeks and the San Francisco Bay, and improve the beauty of the City of Newark. The ordinance aligns with a new state mandate, Assembly Bill 1276, that restricts the distribution of single-use foodware. It will also assist the City with meeting the trash reduction requirements in its stormwater discharge permit issued by the San Francisco Bay Regional Quality Control Board. The ordinance requires that food facilities eliminate the unnecessary distribution of single-use foodware and bans the use of expanded-polystyrene foodware. A robust outreach and education program will be developed and implemented to assist food facilities with compliance. Staff recommends that the City Council waive full reading and, by title only, adopt an ordinance adding Chapter 8.44, Sustainable Foodware, to the Newark Municipal Code.

Attachments
Sustainable Foodware Ordinance
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK ADDING CHAPTER 8.44, “SUSTAINABLE FOODWARE”, TO THE

NEWARK MUNICIPAL CODE TO REGULATE THE USE OF DISPOSABLE

FOODWARE TO IMPROVE THE HEALTH AND SAFETY OF THE NEWARK

COMMUNITY AND ENVIRONMENT
WHEREAS, the purpose of this Ordinance is to comply with certain state laws restricting the distribution of single-use foodware accessories by restaurants and other food facilities, and to reduce the single-use plastic food service ware to improve the health and safety of the City of Newark community and environment; and
WHEREAS, reducing single-use plastic foodware waste improves the health and safety of the City of Newark’s community and the environment as single-use plastics cause litter and pollution flowing to storm drains, creeks, the San Francisco Bay, and the Pacific Ocean. Reducing single-use plastic protects the health and safety of marine life; and WHEREAS, reducing single-use plastic food service ware waste improves the beauty of the natural environment for the health and safety of the City of Newark community; and WHEREAS, polystyrene is a problematic environmental pollutant because it breaks down into microplastics which cause significant damage to marine life and wildlife. Polystyrene is nonrecyclable and non-reusable and better, recyclable, environmentally friendly materials have replaced polystyrene; and
WHEREAS, on October 5, 2021, AB 1276 was signed into law, restricting the distribution of single-use food service ware accessories (e.g., utensils, straws, stirrers, condiment packets, etc.) by restaurants and other food facilities; and
WHEREAS, the City Council wishes to have a sustainable foodware ordinance in Newark; and
WHEREAS, the City Council desires to authorize staff to enforce the sustainable foodware ordinance within Newark.

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

SECTION 1. Recitals.

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

SECTION 2. Municipal Code Amendment.

Chapter 8.44, Sustainable Foodware as contained in Exhibit A, attached hereto and incorporated herein, is added to the Newark Municipal Code.

SECTION 3. CEQA.

This Ordinance is exempt from the environmental review requirements of CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the provisions contained herein may have a significant effect on the environment. Further, the Ordinance is also exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 of Title 14 of the California Code of Regulations as actions taken by regulatory agencies to assure the maintenance, restoration, enhancement of natural resources, or protection of the environment.

SECTION 4. Severability.

If any provision, section, subsection, sentence, clause, phrase, or word of this Ordinance or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The City Council hereby declares that it would have passed this Chapter, and each provision, section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

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.

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Chapter 8.44 – SUSTAINABLE FOODWARE

8.44.010 - Purpose.

The City Council finds and determines that:

A. An Ordinance reducing single-use plastic foodware waste improves the health and safety of the City of Newark’s community and the environment since single-use plastics cause litter and pollution flowing to storm drains, creeks, San Francisco Bay, and the Pacific Ocean. Reducing single-use plastic also protects the health and safety of marine life.

B. An Ordinance reducing single-use plastic foodware waste improves the beauty of the natural environment for the health and safety of the City of Newark community.

C. Polystyrene is a problematic environmental pollutant since it breaks down into microplastics which cause significant damage to marine life and wildlife. Polystyrene is non-recyclable and non-reusable and better, recyclable, environmentally friendly materials have replaced Polystyrene.

D. On October 5, 2021, AB 1276 was signed into law by Governor Gavin Newsom. AB 1276 restricts the distribution of single-use foodware accessories (e.g., utensils, straws, stirrers, condiment packets, etc.) by restaurants and other food facilities.

8.44.020 - Definitions.

The following definitions govern the use of terms in this chapter:

A. “Disposable” means designed to be discarded after a single or limited number of uses and not designed or manufactured for longer-term multiple reuse.

B. “Foodware” means food contact products used for serving, distributing, holding, packaging, and/or transporting Prepared Food including, but not limited to plates, cups, bowls, trays, clamshell containers, boxes, utensils, straws, lids, and food contact paper (e.g., wraps, bags, tray liners, etc.). The term "Foodware" includes Foodware Accessories and Standard Condiments in Disposable packaging.

C. “Foodware Accessories” include different types of Foodware such as straws, stirrers, Utensils, condiment cups and packets, cocktail sticks/picks, toothpicks, napkins, cup spill plugs, cup sleeves, and other similar accessory or accompanying Foodware used as part of food or beverage service or packaging. Detachable lids for beverage cups and food containers are not considered a Foodware Accessory.

D. “Food Facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food to the public for human consumption, as defined by the California Health and Safety Code Section 113789 or successor. It includes both permanent and temporary food facilities.

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E. “Healthcare Facilities” mean places that provide healthcare to the public. Healthcare Facilities includes, but is not limited to hospitals, clinics, outpatient care centers, nursing homes, psychiatric care centers, medical offices, hospice homes, mental health and addiction treatment centers, orthopedic and other rehabilitation centers, urgent care, birth centers, etc.

F. “Polystyrene” and Polystyrene-based” means expanded polystyrene, which is a thermoplastic petrochemical material utilizing a styrene monomer and is included in all or a portion of Foodware.

G. “Prepackaged Food” means any labeled processed food, prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer.

H. “Prepared Food” means food or beverages that undergo a cooking or food preparation technique on the Food Facility’s premises for consumption by the public. Cooking or food preparation technique includes, but is not limited to the following:

1. Cooking methods, utilizing application of heat, such as steaming, microwaving, simmering, boiling, broiling, grilling, frying, or roasting.

2. Beverage preparation, such as blending, brewing, steeping, juicing, diluting, or pouring.

3. Food preparation techniques, such as defrosting, rinsing, washing, diluting, cutting, portioning, mixing, blending, assembling, coating, dipping, garnishing, decorating, or icing.

Prepared Food does not include raw eggs or raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance.

I. “Standard Condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, and includes different types such as ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, and sugar/sugar substitutes.

J. “Takeout Food” means Prepared Food that is purchased to be consumed off a Food Facility’s premises. Takeout Food includes Prepared Food delivered by a Food Facility or by a third-party Takeout Food Delivery Service.

K. “Takeout Food Delivery Service” is a service for online food ordering and delivery of Prepared Food from a Food Facility to a customer. This service can be provided directly by the Food Facility or by a third-party.

L. “Utensils” include different types of instruments used to assist the consumption of food, e.g., forks, knives, spoons, sporks, chopsticks, and tongs.

8.44.030 – Distribution of Foodware and Foodware Accessories.

A. Food Facilities, for on-premises dining and off-premises dining (e.g., Takeout Food Delivery Service, catering off-site, etc.), shall not provide any Foodware Accessories or Standard Condiment in Disposable packaging to a consumer unless the specific type of Foodware Accessory or specific type of Standard Condiment is requested by the consumer, with the following exceptions:

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1. Food Facilities that are drive-through Food Facilities may ask a drive-through consumer if the consumer wants a specific type of Foodware Accessory if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.

2. Food Facilities that are located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walkthrough consumer if the consumer wants a specific type of Foodware Accessory if the item is necessary for the consumer to consume Prepared Food or to prevent spills of or safely transport Prepared Food.

B. Foodware Accessories and Standard Condiment in Disposable packaging provided by Food Facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of Foodware Accessory or type of Standard Condiment desired without also having to take a different type of Foodware Accessory or type of Standard Condiment. Food Facilities cannot distribute Utensils that are bundled or packaged together. Each type of Utensil (e.g., fork, spoon, knife, etc.) must be specifically requested by the consumer in order for a Food Facility to provide the item(s).

C. Nothing in this Chapter shall prohibit a Food Facility from making unwrapped Foodware Accessories available to a consumer using refillable self-service dispensers that dispense different types of Foodware Accessories one item at a time to allow for Foodware Accessories to be obtained.

D. Nothing in this Chapter shall prohibit a Food Facility from making Standard Condiment available to a consumer using refillable self-service dispensers to allow for Standard Condiment to be obtained. Food Facilities that offer Standard Condiment are encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.

E. Takeout Food Delivery Services shall provide consumers with the option to proactively request the different types of available Foodware Accessories and the different types of Standard Condiment from a Food Facility serving Prepared Food. The default option on the digital ordering/point-of-sale platforms of Takeout Food Delivery Services shall be that no Foodware Accessories or Standard Condiment are requested.

F. Takeout Food Delivery Services shall provide Food Facilities the ability to tailor the digital ordering/point-of-sale platforms so that Food Facilities can customize and itemize the different types of available Foodware Accessories (including different types of Utensils) and the different types of available Standard Condiments for consumers to proactively select.

G. If a Food Facility uses any Takeout Food Delivery Service, the Food Facility shall customize its menu with an itemized list and/or provide options of the different types of available Foodware Accessories and the different types of available Standard Condiments for consumers to proactively select. Only those specific types of Foodware Accessories or specific types of Standard Condiment proactively requested by the consumer shall be provided by the Food Facility. If a consumer does not request any Foodware Accessories or Standard Condiment, no Foodware Accessories or Standard Condiment shall be provided by the Food Facility for delivery of Prepared Food. Each type of Utensil (e.g., fork, spoon,
Packet
knife,
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etc.) offered
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by the Food Facility shall also be
listed individually, unbundled on the menu, and provided by the Food Facility for delivery along with the Prepared Food only if requested by the consumer.

8.44.040 - Standards and Required Use of Foodware.

A. No Food Facility shall use Polystyrene or Polystyrene-based Disposable Foodware when providing Prepared Food.

B. Nothing in this Chapter shall conflict or be construed to conflict with the Americans with Disabilities Act or any other applicable law concerning the rights of individuals with disabilities.

8.44.050 - Recordkeeping and Inspection.

A. Food Facilities shall keep complete an accurate record or documents of the purchase of the acceptable Foodware evidencing compliance with this Chapter for a minimum period of three years from the date of purchase.

B. The record shall be made available for inspection at no cost to the City staff (or their designee) authorized to enforce this ordinance unless an alternative location or method of review is mutually agreed upon, the records or documents shall be made available at the Food Facility address. The City may, from time to time modify the requirements and inspections to enable compliance by the Food Facilities.

8.44.060 - Automatic Exemptions.

A. Prepackaged Food is exempt from the provisions of this Chapter.

B. If the City determines that a reasonably feasible Foodware that complies with this ordinance does not exist, these items will be exempt from all or select requirements of the abovementioned provisions of this Chapter until the City’s Environmental Services Manager (or their designee) determines that a reasonably feasible alternative is available on the market for purchase.

C. Temporary exemptions due to an emergency are automatic without the submission of a request for an exemption. An emergency is defined as a sudden, unexpected occurrence posing a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Examples of an emergency include, but are not limited to natural disasters, emergencies due to the release of hazardous materials, emergencies associated with loss of power and/or water, or emergency medical response.

8.44.070 - Case-by-Case Consideration of Requests for Hardship Exemption.

A. Grounds for an exemption.

An exemption from any of the provisions of this Chapter may be granted by the Environmental Services Manager or designee upon demonstration by a Food Facility to the satisfaction of the City that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following:

1. A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in this ordinance does not exist for a specific application.

2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Disposable Foodware is not available at a Packet Page 880
commercially reasonable price and the additional cost associated with providing the Disposable Foodware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the Environmental Services Manager or designee may consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.

B. Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the Environmental Services Manager or designee, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the Environmental Services Manager or designee.

8.44.080 - Enforcement.

A. The Environmental Services Manager or their designee may enforce this Chapter. The enforcement provisions will commence January 1, 2024, after the outreach and education phase for Food Facilities.

B. Any violation of Section 8.44.040 is punishable as specified in Section 1.16.010 or by any other applicable law.

C. The first and second violations of Section 8.44.030 shall result in a notice of violation, and any subsequent violation of that section shall constitute an infraction punishable by a fine of twenty-five dollars for each day in violation, but not to exceed three hundred dollars annually.

D. The Environmental Services Manager or designee can modify the enforcement process from time to time to ensure compliance with this Chapter, and such authorization can include modifications to enforcement provisions, the methods, and details to issue violations, and or assess administrative fines on behalf of the City.

E. This Section shall not be interpreted to limit any otherwise available civil or administrative remedies under law.

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Item  F. 4.

DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Adopt a resolution approving a fund balance and reserve policy SUMMARY AND RECOMMENDATION
Establishing a fund balance and reserve policy is among the most important of the City’s fiscal policies in mitigating financial risk and should be re-evaluated and updated as needed. Based on results of the Government Finance Officer Association (GFOA) structured assessment methodology, staff recommends that the City Council authorize increasing the combined reserve target level from 25% to a minimum of 30% of operating and debt service expenditures.

BACKGROUND
City Council Resolution No. 10,311 establishes goals for setting the General Fund Emergency and Fiscal Uncertainty Reserves at 15% and 10%, respectively, of General Fund final operating expenditures.  As part of the Finance Department's key objectives of providing leadership in the development and updates of financial policies for the City, staff reviewed reserve policy levels to determine the appropriate level of reserves to support cash flow and manage risk.

Applying GFOA’s structured approach for assessing risk, the following factors were considered:

Revenue source stability, local disasters and other financial hardships or downturns in the local or national economy
Contingencies for unseen operating or capital needs, including strategic investment opportunities
Other unfunded liabilities
Dependency of other funds on the General Fund
Institutional changes, such as State budget takeaways and unfunded mandates Cash flow requirements
Using this assessment tool, a reserve goal range of 26%-35% of General Fund expenditures was derived, landing the City in the Moderate to High level of risk to retain through reserves.

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DISCUSSION/ANALYSIS
The GFOA structured approach for assessing risk covered the following eight factors where ratings for each were determined to arrive at an adjusted risk score of 29.

The eight factors and identified potential risks for the City of Newark are summarized below:

Vulnerability to extreme events and public safety concerns – Major extreme events the community could reasonably be subject to and the likelihood and potential magnitude of loss for each event.

An earthquake, recession, and pandemic are extreme, but likely, events that would require a quick and decisive response from the City.

1. Revenue source stability – Volatility of major revenue sources based on factors such as past experience and trends with that revenue, characteristics of the tax or rate payers, state or federal revenue takeaways, and economic factors.

Though the City’s major revenue sources have been stable, they are still subject to significant swings with a recession, downturns in the economy, or possible State takeaways.

2. Expenditure stability – Spikes in expenditures, usually arising from special, non-recurring circumstances such as lawsuits; critical special projects without a funding source; or new state or federal spending requirements and unfunded mandates.

Potential expenditure hikes could include increased pension and health insurance costs, deferred and unexpected infrastructure repairs, State/Federal mandates, and population growth requiring additional service requirements.

3. Leverage – Common examples include unfunded pensions and unfunded assets, as well as outstanding bond indebtedness and compensated absences.  Is the source of leverage very large?  Does it have an off-setting funding source or asset? The City is subject to significant leverage primarily due to a current bond debt and unfunded pension liabilities. There is limited risk with regard to outstanding bond indebtedness, as debt is expected to be fully covered by Measure GG sales tax revenue. With regard to pension liabilities, the City has recently begun implementing strategies to pay down our pension liabilities and will soon be proposing new strategies as well.

4. Liquidity – Intra-period cash imbalances, such as property taxes that are only received at two major points during the year (December and June).

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received at two major points during the year (December and June).

Similar to other cities, some revenues and expenditures are not received evenly throughout the year.

Dependence of Other Funds – Are there other funds that have a significant dependence on the General Fund?
The City’s General Fund currently provides significant support to the other cost center departments (Recreation, Development, and Maintenance).  The City is currently in the process of updating the Master Fee Schedule to bring fees closer to truer costs.

6. Growth and New Development – Is significant growth a realistic possibility in the next three to five years?  This includes assessing likely potential marginal costs associated with serving new growth compared with marginal revenue and resulting gaps.

The City’s population is expected to increase with new housing development.

7. High-priority, unfunded capital projects – Are there high-priority projects without a funding source, where reserves may be looked to as a funding source? The City has a significantly underfunded Capital Improvement Plan, along with deferred maintenance and outdated infrastructure.  A facilities study is currently underway to assist the City in planning for its long-term facility and maintenance needs.

8. Tabulating the results of the assessment, the analytical guidance derived was that the City faced a moderate to high level of risk to retain through reserves and that a target reserve level of 26% to 35% of General Fund operating revenue or expenditures be considered.

For FY 2022, the General Fund included $11.4 million for the Emergency Reserve and $10.7 million for the Fiscal Uncertainty Reserve, which in total was 34.7% of FY 2022 General Fund expenditures.  This total is approximately 9.7% over the 25% total reserve goal established by the current resolution and is slightly above the 30% reserve target resulting from the application of the GFOA reserve assessment tool.  Maintaining this increased reserve level goal will assist the City with cash flow needs, future economic downturns, and rising costs of pension liabilities, while also providing an immediate resource for emergencies and potential strategic opportunities.

Based on the results of the GFOA structured assessment methodology, Staff recommends that the combined target reserve level be increased from 25% to 30%.

FISCAL IMPACT
This change will not prompt an immediate change to the current reserve balance but upon review of FY 2023, year-end results may be increased or decreased depending on final General Fund expenditure results. Going forward, the General Fund Emergency and Fiscal Uncertainty Reserve will be updated after the completion of each year-end audit when final results are available.  At such time, other transfers to existing reserves or funds will be evaluated and also presented to the City Council for Packet Page 884
approval.

REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Redlined Resolution Draft
Resolution Redlines accepted
Presentation
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RESOLUTION NO. XXXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE GENERAL FUND EMERGENCY

AND FISCAL UNCERTAINTY RESERVE POLICY
WHEREAS, the Governmental Accounting Standards Board (GASB) enacted GASB 54- Fund Balance Reporting and Governmental Fund Type Definitions; and WHEREAS, the City Council has determined that it is in the best interest of the City of Newark for the City to prudently prepare for emergencies, uncertain economic conditions, capital improvement needs and for equipment replacement needs; and WHEREAS, the City determined the appropriate level of reserves based on the Government Finance Association’s (GFOA) structured approach for assessing risk, which includes the evaluation of vulnerability to extreme events and public safety concerns, revenue source stability, expenditure stability, leverage, liquidity, dependency on other funds for the General Fund, growth and new development, and unfunded high priority capital projects; and WHEREAS, Resolution No. 10311 which approved the Fund Balance Policy and Procedure on January 22, 2015, is hereby repealed.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newark, California approves the following actions supporting the Fund Balance and Reserve Policy:

1. The City will strive to maintain a combined minimum reserve target of 30% of final General Fund operating and debt services expenditures (excluding transfers) for fiscal stability, cash flow needs, contingencies, and strategic opportunities. This reserve will be called the Emergency and Fiscal Uncertainty Reserve and is intended to help the City mitigate risks and respond to financial challenges during economic downturns, emergencies, or cyclical deficits when annual expenditures exceed revenues.

Examples may include but are not limited to the following:
a. A catastrophic loss of critical infrastructure
b. A State or Federally declared state of emergency
c. Any settlement arising from a claim or judgment
d. Variation from budgeted revenue projections
e. Any action by another government that eliminates or shifts revenue from the City
f. Inability of the City to meet its debt service obligations in any given year g. Where its use will prevent a reduction of required services h. Other circumstances deemed necessary by City Council to meet the claims and obligations of the City.

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Resolution No. 10,311 2
This balance is based on the risk assessment methodology for setting reserve levels developed by the Government Finance Officers Association (GFOA) in adequately addressing:
• Revenue source stability, local disasters and other financial hardships or downturns in the local or national economy.
• Contingencies for unseen operating or capital needs, including strategic investment opportunities.
• Unfunded liabilities such as self-insurance, pensions and retiree health obligations.
• Dependency of other funds on the General Fund.
• Institutional changes, such as State budget takeaways and unfunded mandates. • Cash flow requirements.

2. Whenever the Emergency and Fiscal Uncertainty Reserve falls below this target, the City will strive to restore reserves to this level within five years.

3. GASB identifies reserves for the purposes of revenue stabilization, working capital needs, contingencies or emergencies as unassigned in the General Fund unless they are specifically classified as restricted or committed. The Emergency and Fiscal Uncertainty Reserve shall remain in the unassigned fund balance category.

4. The Emergency and Fiscal Uncertainty Reserve shall be reviewed at the completion of the year-end audit and transfers to other existing reserves will be evaluated based on year-end results and needs. Proposed transfers from the General Fund to increase other reserves or projects will be presented to the City Council for approval.

5. City Council may also commit or assign specific General Fund balance levels above the reserve target for other long-term goals that the Council determines to be in the best interest of the City.

6. In addition to the 30% target for the Emergency and Fiscal Uncertainty Reserve noted above, any residual unrestricted fund balance not committed or assigned shall remain in the unassigned fund balance category as unallocated.

7. The General Fund Emergency and Fiscal Uncertainty Reserve policy shall be reviewed during the Biennial Budget process and updated as needed. The review of this policy is to safeguard its effectiveness and relevance to the City’s long-term needs and to ensure that the policy remains current with best practices that are based on sound risk assessment methodology developed by the GFOA.

I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on June 22, 2023, by ________, who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

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RESOLUTION NO. XXXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK

APPROVING THE FUND BALANCE AND RESERVE POLICY
WHEREAS, the Governmental Accounting Standards Board (GASB) enacted GASB Statement No. 54 - Fund Balance Reporting and Governmental Fund Type Definitions; and WHEREAS, the City Council has determined that it is in the best interest of the City of Newark for the City to prudently prepare for emergencies, uncertain economic conditions, and other needs such as capital improvement and equipment replacement; and WHEREAS, the City determined the appropriate level of reserves based on the Government Finance Association’s (GFOA) structured approach for assessing risk, which includes the evaluation of vulnerability to extreme events and public safety concerns, revenue source stability, expenditure stability, leverage, liquidity, dependency on other funds for the General Fund, growth and new development, and unfunded high priority capital projects; and WHEREAS, Resolution No. 10311 which approved the Fund Balance Policy and Procedure on January 22, 2015, is hereby repealed.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newark, California approves the following actions supporting the Fund Balance and Reserve Policy:

1. The City will strive to maintain a combined minimum reserve target of 30% of final General Fund operating and debt services expenditures (excluding transfers) for fiscal stability, cash flow needs, contingencies, and strategic opportunities. This reserve will be called the Emergency and Fiscal Uncertainty Reserve and is intended to help the City mitigate risks and respond to financial challenges during economic downturns, emergencies, or cyclical deficits when annual expenditures exceed revenues.

Examples may include but are not limited to the following:
a. A catastrophic loss of critical infrastructure
b. A State or Federally declared state of emergency
c. Any settlement arising from a claim or judgment
d. Variation from budgeted revenue projections
e. Any action by another government that eliminates or shifts revenue from the City
f. Inability of the City to meet its debt service obligations in any given year g. Where its use will prevent a reduction of required services h. Other circumstances deemed necessary by City Council to meet the claims and obligations of the City.

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2 This balance is based on the risk assessment methodology for setting reserve levels developed by the Government Finance Officers Association (GFOA) in adequately addressing:
• Revenue source stability, local disasters and other financial hardships or downturns in the local or national economy.
• Contingencies for unseen operating or capital needs, including strategic investment opportunities.
• Unfunded liabilities such as self-insurance, pensions and retiree health obligations.
• Dependency of other funds on the General Fund.
• Institutional changes, such as State budget takeaways and unfunded mandates.
• Cash flow requirements.

2. Whenever the Emergency and Fiscal Uncertainty Reserve falls below this target, the City will strive to restore reserves to this level within five years.

3. GASB identifies reserves for the purposes of revenue stabilization, working capital needs, contingencies or emergencies as unassigned in the General Fund unless they are specifically classified as restricted or committed. The Emergency and Fiscal Uncertainty Reserve shall remain in the unassigned fund balance category.

4. The Emergency and Fiscal Uncertainty Reserve shall be reviewed at the completion of the year-end audit and transfers to other existing reserves will be evaluated based on year-end results and needs. Proposed transfers from the General Fund to increase other reserves or projects will be presented to the City Council for approval.

5. City Council may also commit or assign specific General Fund balance levels above the reserve target for other long-term goals that the Council determines to be in the best interest of the City.

6. In addition to the 30% target for the Emergency and Fiscal Uncertainty Reserve noted above, any residual unrestricted fund balance not committed or assigned shall remain in the unassigned fund balance category as unallocated.

7. The General Fund Emergency and Fiscal Uncertainty Reserve policy shall be reviewed during the Biennial Budget process and updated as needed. The review of this policy is to safeguard its effectiveness and relevance to the City’s long-term needs and to ensure that the policy remains current with best practices that are based on sound risk assessment methodology developed by the GFOA.

I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on June 22, 2023, by ________, who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

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City Council: June 22, 2023
General Fund, Fund Balance &
Reserve Policy
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Overview
Fund Balance and Reserve Policy
• Purpose of Fund Balance and Reserve Policy
• GFOA Assessment Methodology
• GFOA Assessment Outcome
• Recommendations
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Purpose
Fund Balance and Reserve Policy
• Prepare for contingencies
• Maintain good standing with credit rating agencies
• Ensure cash availability for core services and
infrastructure
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GFOA Assessment Methodology
Fund Balance and Reserve Policy
Risk Factors:
• Vulnerability to extreme events
- earthquakes, recession, pandemic
• Revenue source stability
- economic downturns or State/Federal takeaways)
• Expenditure stability
- lawsuits, unfunded mandates
• Unfunded liabilities
- pension, compensated absences
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GFOA Assessment Methodology
Fund Balance and Reserve Policy
Risk Factors:
• Liquidity
- intra-period cash imbalances
• Dependence of other Funds
- Recreation, Development, Maintenance
• Growth
- population and new development
• Capital projects
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GFOA Assessment Outcome
Fund Balance and Reserve Policy
City of Newark’s reserve target was calculated at 26% to 35%.

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Recommendations
Fund Balance and Reserve Policy
• Increase the target level from 25% to 30%
• Establish a target time period of 5 years to replenish reserves if used
• Set the review of the fund balance and reserve levels at the completion of the year-end audit
• Establish that the Fund Balance and Reserve policy be reviewed during the Biennial Budget process
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Item  F. 5.

DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    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 SUMMARY AND RECOMMENDATION
Staff recommends that the City Council take a number of actions to modernize and streamline the City’s purchasing policies.  Specifically, staff recommends that the City Council:

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;

1. Adopt a resolution electing to become subject to the Uniform Public Construction Cost Accounting Act; and

2. 3.Adopt a resolution establishing expenditure authority.

These actions will provide clear procurement requirements, modernize the City’s procurement policies, and adjust and update expenditure authority thresholds.

The proposed ordinance repealing and replacing Chapter 3.04 to the Municipal Code will result in a complete overhaul of Chapter 3.04 to add clarity and resolve ambiguities regarding the City’s procurement requirements and generally increase the thresholds under which more formal procurement procedures are necessary.

The proposed ordinance adding Chapter 3.05 to the Municipal Code and the resolution electing to become subject to the Uniform Public Construction Cost Accounting Act (UPCCAA) will allow the City to more effectively and efficiently proceed with and complete public projects that are $200,000 or less.

Specifically, projects that are $60,000 or less can be procured through purchase order without bidding and projects that are $200,000 or less can be procured through informal bidding.  Projects greater than $200,000 will still be subject to formal bidding. Currently, the City is required to formally bid all public projects that are more than $5,000.  The proposed resolution establishing the expenditure authority would not take effect until the effective date of the above ordinances and would generally increase approval authority to create greater efficiencies.

BACKGROUND
Purchasing Ordinance
California Government Code Sections 54201-54205 require that local agencies adopt policies and procedures governing the purchase of materials, supplies, services, and equipment of all departments, divisions, or services of the local agency.

The City’s existing purchasing ordinance has been in place since 1977 - more than 45 years. The City Packet Page 897
Council adopted Ordinance No. 142 on March 24, 1977, which established a Purchasing System for the City by adding Chapter 3.04 to the City of Newark Municipal Code (“NMC”). NMC Chapter 3.04 and Resolution No. 10,421, previously adopted by the City Council, set forth the authority and procedures governing the purchase of materials, supplies, services, and equipment.

Uniform Public Construction Cost Accounting Act (UPCCAA) The City is required to comply with the Public Contract Code when constructing public projects.  This requires that the City publicly bid and award public projects in excess of $5,000 to the lowest responsible bidder.

As an alternative, State law allows public agencies to subject themselves to the UPCCAA which provides for the following alternative bidding procedures when an agency performs public project work by contract:
a) Public projects of $60,000 or less may be performed by negotiated contract or by purchase order;
b) Public projects of $200,000 or less may be let to contract by the informal bidding procedures set forth in the UPCCAA;
c) Public projects of more than $200,000 must be let to contract by traditional formal bidding procedures.

As of June 1, 2023, of the approximately 482 incorporated cities in California a majority, 289, have elected to become subject to the UPCCAA and 40 of the 58 counties in California have also elected to become subject to the UPCCAA. In total, 1,545 public agencies have elected to become subject to the UPCCAA.  In Alameda County, the following cities have elected to become subject to the UPCCAA:

Alameda, Dublin, Emeryville, Fremont, Livermore, Pleasanton, and Union City.  Additionally, the County of Alameda has elected to become subject to the UPCCAA.

Expenditure Authority
Resolution No. 10,421, attached hereto for reference, establishes the current authority levels for certain types of contracts and to resolve liability and workers' compensation matters. Generally, the City Manager or Department Heads are authorized to award contracts that are $50,000 or less while all other contracts of greater value must be approved by the City Council.  The City Manager is authorized to settle claims up to $25,000 for workers' compensation matters and is authorized to settle claims up to $10,000 for general liability claims.  Claims of a greater amount require City Council approval.

Staff conducted a survey regarding expenditure authority in other comparable Alameda County cities.

The results of that survey are in the Discussion/Analysis section of this report.

DISCUSSION/ANALYSIS
Newark’s competitive bidding and expenditure authority thresholds are low in comparison to other cities as the City’s existing thresholds have not been adjusted to account for inflation, which has accelerated in recent years. Staff conducted a survey and compiled information that reveals that many cities have chosen to increase their thresholds to reflect changes in economic conditions over time.

Staff surveyed comparable Alameda County cities and reviewed their purchasing policies. Purchasing guidelines and expenditure authority varies across municipalities and are tailored to each agency. The following table is a sample of certain cities and shows where comparable cities fall in reference to the purchase amount thresholds that trigger requirements for purchase orders (PO), quotes, formal bidding procedures, and Council approval.  The table also includes the proposed thresholds for Newark.

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Proposed Purchasing Ordinance
Staff has prepared a proposed Purchasing Ordinance that provides updated thresholds, aligns with current City practices, and memorializes certain City procedures, such as competitive bidding requirements.  The proposed Purchasing Ordinance is a complete repeal and replacement of NMC Chapter 3.04.  The existing NMC Chapter 3.04 is attached for reference.

Broadly, NMC Chapter 3.04 provides that the City Council will establish purchasing procedures which have been adopted pursuant to Resolution No. 10,421.

The current procurement requirements pursuant to Resolution No. 10,421 are as follows:

Up to $10,000: No procedural requirements and can be awarded by City Manager or Department Heads.
$10,000-$50,000: Awarded by the City Manager to lowest responsible bidder pursuant to formal RFP or RFQ with minimum of 10 calendar days’ notice on the City’s website.

Greater than $50,000: Awarded by the City Council to lowest responsible bidder pursuant to formal RFP or RFQ with minimum of 10 calendar days’ notice on the City’s website.

Certain contracts are exempt from formal bidding including, but not limited to: certain professional services, supplies and services acquired through certified bid lists of other public agencies, services or supplies that are acquired through sole-source (for example, items subject to patent), emergency purchases, and items subject to procurement process mandated by the State or Federal government.

Below is an outline of the significant provisions of the Proposed Ordinance.

Procurement Requirements – General Services, Supplies, and Equipment:

Less than $5,000: No procedural requirements but competitive pricing expected. $5,000 – less than $50,000: Based on a minimum of three bids, unless not possible. $50,000 or greater: Formal bidding required to include 14 day website notice, notification to bidder’s list and public posting and awarded to lowest responsible bidder.

Procurement Requirements – Professional Services and Exceptions:

Procurement for professional services are exempt from the procedural requirements identified above but certain types of professional services agreements must be awarded pursuant to administrative regulations that assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with state law.

Additionally, below is a non-comprehensive list of procurements that are exempt from the procedures for general services, supplies, and equipment:

Where the City’s requirements can be met solely by a single patented article or process or provider.

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When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and a thorough review of known products and a comparison of features reveals that the product would most closely meet the City’s needs at the lowest cost.

When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies, or equipment.

When goods or services are available through cooperative purchasing programs or consortiums, with a procurement process that meets or exceeds the City's procedures.

When a purchase of goods and/or services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations.

Uniform Public Construction Cost Accounting Act (UPCCAA) The UPCCAA was enacted in 1983 to help promote uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state.  The UPCCAA is a voluntary program available to all public entities in the State, but it applies only to those public agencies that have “opted in” to the provisions set forth by the UPCCAA.

As noted above, the Public Contract Code requires that any public project in excess of $5,000 must be publicly bid and awarded to the lowest responsible bidder.  The costs of preparing the necessary documents (including developing plans, specifications and estimates), advertising and award of a publicly bid project can often exceed $10,000.  The adoption of UPCCAA can greatly reduce administrative costs and delays, allowing the City to implement and proceed with smaller projects much more efficiently and in compliance with state law.  This can also help in avoiding other unquantifiable costs, such as time delays in preparing projects for bid.

As noted above, the thresholds under the UPCCAA are as follows:
a) Public projects of $60,000 or less may be performed by negotiated contract or by purchase order;
b) Public projects of $200,000 or less may be let to contract by the informal bidding procedures set forth in the UPCCAA;
c) Public projects of more than $200,000 must be let to contract by traditional formal bidding procedures.

Every five years, the UPCCAA Commission reviews the informal bid limits for inflation and other factors to determine whether adjustments should be made. If an adjustment is made, the State Controller notifies the affected public agencies.  Contracts procured through informal procedures would be awarded by the City Manager, while contracts requiring formal bidding procedures would be awarded by the City Council.

The informal bidding procedures, consistent with state law, require that the City send a notice inviting informal bids to all contractors included on a City list established pursuant to guidance promulgated by the UPCCAA Commission and to all construction trade journals as specified by the Commission.

Staff has prepared a proposed ordinance adding Chapter 3.05 to the NMC (the “UPCCAA Ordinance”) and a resolution for the City to “opt-in” to the UPCCAA.

The City’s participation in the UPCCAA does not affect the City’s obligation to require the payment of prevailing wages for any public project pursuant to State law.

Proposed Expenditure Authority Resolution
Staff has prepared a resolution establishing Expenditure Authority under a variety of circumstances.

The proposed resolution establishes the following expenditure limits.

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As noted above, these revisions are consistent with surrounding jurisdictions.  The City Manager approval for utility services and legal fees are carryovers from the existing policy.  In addition to the updated expenditure authority, the proposed resolution would repeal Resolution No. 10,421 and would not take effect until the effective date of the proposed ordinances repealing and replacing the Purchasing Ordinance and the UPCCAA Ordinance.

FISCAL IMPACT
There is no direct fiscal impact associated with the proposed actions.  However, implementation of the proposed ordinance is fiscally prudent as it will result in increased efficiency, which will lead to long term administrative savings.

REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director and Kristopher J. Kokotaylo, City Attorney Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Current Resolution 10,421 Purchasing
Current NMC Chapter 3.04
Proposed Purchasing Ordinance
Proposed UPCCAA Ordinance
Proposed UPCCAA Resolution
Proposed Expenditure Authority Resolution
Proposed Schedule A Expenditure Authority
Purchasing and Expenditure Authority Presentation
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RESOLUTION NO. 10, 421

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ADOPTING PURCHASING RULES AND
REGULATIONS PURSUANT TO ORDINANCE NO. 142
BE IT HEREBY RESOLVED THAT, in accordance with Ordinance No. 142, entitled The Purchasing Ordinance," the City Council of the City ofNewark adopts the following purchasing rules and regulations:

SECTION 1. PURCHASING PROCEDURE
All purchases ofsupplies -and - ,equipment and services shall be pursuant to the procedures specified in this resolution.

SECTION 2. FORMAL BIDDING PROCEDURES
Purchases and contracts for supplies and equipment with an estimated value greater than $ 10, 000 shall be by the formal bidding procedure as follows:
a. Notice Inviting Bids. Notices inviting bids shall include a general description ofthe articles to be purchased, shall state where bid blanks and specifications may be secured, shall state the time and place for opening bids, shall be published at least ten ( 10) calendar days before the date of opening,
a a u i , .. i r i a MINA ....,.e :.. R RRI.,..,. ap ff of general ,,:.. e- lation in the na..,.n the City' s website.
b. Bidder' s Security. When deemed necessary, abidder' s security may be prescribed by the Purchasing Officer. Bidders shall be entitled to return of their security with the exception that a successful bidder forfeits the bid security upon refusal or failure to execute a contract within ten 10) calendar days after the notice of award of contract has been mailed. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder.
c. Bid Opening Procedure. Sealed bids shall be submitted to the Office ofthe City Clerk and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
d. Rejection of Bids. In its discretion, the City Council may reject any and all bids presented and re- advertise for bids.

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e. Award of Contracts. Contracts shall be awarded by the Gity Geuneil to the responsible bidder representing the lowest total cost, net of the value ofthe sales tax which the City would receive as a result of the sale, except as otherwise provided herein. f. Tie Bids. Iftwo or more bids received are for the same total amount or unit price, quality and service being equal, the City G-euiw- - may accept the one it chooses. g. Performance Bonds. The City Council shall have the authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the City. Ifthe City Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

SECTION 3. OPEN MARKET PROCEDURE
All purchases of supplies and equipment with an estimated value of $10, 000 or less may be made in the open market without observing the procedures prescribed in the formal bidding procedure. a. Minimum Number ofQuotations. All open market purchases shall, whenever possible, be based on at least three (3) competitive quotations and shall be awarded to the responsible bidder representing the lowest total cost.
b. Records Maintained. The D°_,."... ing 094ee° Each department shall keep the record of all open market orders and the quotations submitted in competition thereon, and such records shall be open to public inspection.

SECTION 4. PROFESSIONAL SERVICES
All purchases of professional services with an estimated value of $10. 000 or less may be made based on qualifications and negotiated price without a formal process. Sufficient documentation needs to be kept to demonstrate evaluation of qualifications. a. Professional Services for architecture, landscape architecture, engineering, environmental services, land surveying or construction protect management shall be obtained through a Request for Proposal ( RFP) process. These contracts shall be awarded based on an RFP to detennine the most highly qualified to provide the services as required in accordance with Government Code Sections 4525 -4529. b. Special Professional Services for attorneys, financial advisors or other specialized services not included above can be awarded with a RFP process, a Request for Qualifications ( RFO) process or without a competitive process depending on which Resolution No. 10, 421
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process best fits the needed service. Regardless of the process, these shall be based on qualifications and a negotiated price. Specialized Professional Services are usually needed when the city does not have the personnel resources to perform the services re uired.

C. An RFP is appropriate when the proposed project has sufficient specifications that a consultant can provide pricing based on those written specifications. An RFP will require detailed pricing to be submitted for the project.

An RFQ is appropriate when the proposed project has broad specifications subject to multiple approacbes, many types of consultants might be interested or there is expectation that the specifications will need to be refined during the selection process.

An RFQ requires general fees and fee schedules with estimated hours to be submitted for the project.

Any RFP and the RFQ shall include the following information:

1. Specification that best describe the service for the expected scope of work.

2. Proposal submittal date.

3. The selection criteria.

4. The selection process with estimated dates.

5. Pricing information.

6. Insurance requirements.

7. Business license requirements.

8. Sample Consultant Services Agreement.

The RFP or RFQ shall be distributed to interested firms, posted on the City' s webpa egand posted at other sources where qualified consultants can be attracted.

If questions will be answered during the process, the RFP or RFQ shall include the question and answer process to ensure the all potential proposers have the same information. The RFP /RFQ can include a date for when questions will be accepted then addendum to the RFP or RFQ will be prepared to answer the question and that addendum will be posted in the same manner as the original documents at least 3 days prior to the submittal date.

The evaluation process will generally be based on the following criteria:

1. Professional experience and qualifications.

2. Satisfaction of p1' CVIOnS CllentS.

3. Project scheduling and consultant availability.

4. Evidence of success with similar projects.

Resolution No. 10, 421
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5. Ability to address all project requirements.

6. Fees

7. Other needs specific to the proposed project.

SECTION 5. PUBLIC WORKS PROEJCTS
When the expenditure required for a public works project exceeds five thousand ($ 5, 000), it shall be contracted for and let to the lowest responsible bidder after notice, in accordance with requirements of Article 4 of the California Public Contract Code and other such applicable law.

As used in this section, " public works project" shall mean:

1. A proiect for the erection , improvement, painting or repair of public buildings and works;

2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow;

3. Street or sewer work except maintenance or repair,

4. Furnishing supplies and material for an such proiect, including maintenance or repair of streets or sewers.

SECTION 46. EMERGENCY PURCHASES
In case of actual emergencies, with the approval of the Purchasing Officer, the head of any using Group / Department may purchase any supplies or equipment whose immediate procurement is essential to prevent delays which may vitally affect the life, health, or convenience of citizens. A written justification shall be filed with the Purchasing Officer for all such purchases within three 3) calendar days ofthe date of purchase. In situations that are not actual emergencies, the City Council may authorize specific exceptions to the formal bidding process by malting a finding by motion, that an alternate process for the proposed purchase will result in a significant cost savings.

SECTION 37. INSPECTION AND TESTING
The Purchasing Officer shall implement procedures designed to inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order or contract.

Resolution No. 10, 421
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The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.

SECTION 68. ANNUAL PURCHASE O AGREEMENTS CONTRACTS
A special type of contract " Annual Purchase Order Agreement" may be used whereby the City does not obligate itself to purchase or to accept a commodity but furnishes the vendor with an estimate of its probable needs as a guide to the amount that may be purchased. The price may be established for the period ofthe agreement or may be stated as a fixed discount from an ascertainable amount. An annual purchase order eentrao shall not extend beyond the life of one fiscal year, unless approved for renewal by the City Manager. The total estimate for each agreement must be within the City' s Manager' s approving authority. as outline in Section 14, and the department must have available budgeted funds for the estimate. Gauneel duFing • heiSECTION -79. SURPLUS SUPPLIES AND EQUIPMENT Groups / Departments shall submit to the Purchasing Officer at such times and in such form as prescribed reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out.

SECTION S 10. EXEMPTIONS
a. Whenever Federal or State regulations require different purchasing procedures and for those items purchased through other governmental agencies, the provisions of this resolution do not apply.
b. Single- Source Exemption: The provisions of this resolution in regard to formal bidding procedures shall not apply in the event that the City Council, by resolution, finds and declares that:

1. Formal bids would work an incongruity and would be unavailing in affecting the final results; and

2. Formal bids would not produce any advantage to the City; or, Resolution No. 10, 421
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3. It is practically impossible to obtain what is required through the formal bidding process; or,

4. The product sought or a significant portion thereof is the subject of a patent and cannot be purchased from any source other than the holder of the patent. c. Small Purchase Exemption
Single item purchases of supplies and equipment of $500 or less may be made in the open market without observing the procedures prescribed in the formal bidding and open market procedures sections. If multiple numbers of the same item are being purchased, the total must remain less than $ 500 to qualify for this exemption.

SECTION 4011. OTHER GOVERNMENTAL PURCHASING AGREEMENT
The Purchasing Officer may, when offered, procure goods and services off of certified bid lists from other governmental agencies.

SECTION 4412. REPEAL
Resolution Numberse. 5436 7053, 7449, , 9816 and 10, 016 are hereby repealed.

SECTION 4 -213. Acquisition of Equipment with Specialized Services Both the formal bidding procedure and the open - market procedure may be dispensed with for contracts involving the acquisition and /or installation of equipment, intellectual property or other tangible products ( collectively referred to as " products ") and the retention of specialized services, such as consulting, training, installing, maintain or servicing the products. A modified procedure for the specialized contract must be approved by the Purchasing Officer.

SECTION 14. Schedule of Purchasing Authority and Authorization to Sign City Contracts and Claims
All Ii nits apply only when budgeted funds are available. Items without a budget must be approved City Council.

Resolution No. 10, 421
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Resolution No. 10, 421
Contracts for Public Works Proiects
Under
5000
5000 to $50,000 Over $ 50,000
Construction or Improvement of Public Dept Head City ManagerFormal BidCity Council - Structures, Roads, Grounds, Citv Quotes Formal Bid
Building and Facilities, etc.

Other Purc hg /Service Contracts and Claims
Up to $ 10, 000
10, 000 to
50,00
Over $ 50,000
Purchase of Supplies, equipment or
Dept Head - City Manager - City Council -
services
Quotes Formal Bid Formal Bid
Professional Services- Per SECTION 4 of
Dept Head — City Manager - City Council — Purchasing Rules and Regulations

RFP RF RFP RF RFP RF
Special Professional Services — Per Dept Head — City Manager - City Council — SECTION 4 of Purchasing Rules and RFP RF
Qualifications
RFP RF
Qualifications
RFP RF
Qualifications Regulation
Collective Value of Contract
Amendments, Task Orders, Change
Dept Head City Manager City Council
Orders. ( Unless otherwise noted in the
Contract / Agreement)
Legal Fees
City Attorney City Manager City Manager
Claim Settlement Authority — Workers City Manager— up to City Council Compensation 25,00
Claim Settlement Authority — General Risk Manager/
City Council City Council
Liability Claims City Manager
Recreation Contracts
Dept Head City Manager City Council
All other Contracts, Agreements,
City Council City Council City Council
Leases, Joint Power Authorities, etc.

Purchase of Utility Services City Manager City Manager City Manager Resolution No. 10, 421
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I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on September 24, 2015, by Council Member Bucci, who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Hannon, Bucci, Vice Mayor Collazo, and Mayor Nagy NOES: None
ABSENT: Council Member Freitas
SECONDED: Council Member Hannon
A EST:
s /SHEILA HARRINGTON
City Clerk
TO FORM:

City
Resolution No. 10, 421
APPROVED:
s /ALAN L. NAGYY
Mayor
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Chapter 3.04 PURCHASING SYSTEM
Newark, California, Code of Ordinances Created: 2023-05-08 07:55:41 [EST] (Supp. No. 21)

Page 1 of 2 ends

Chapter 3.04 PURCHASING SYSTEM
Sections:

3.04.010 Adopted.

In order to establish efficient procedures for the purchase of supplies, equipment and services, to secure for the city supplies, equipment and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted. (Ord. 142 § 1, 1977)

3.04.020 Short title.

This ordinance shall be known and cited as the "purchasing ordinance of the city of Newark." (Ord. 142 § 3, 1977)

3.04.030 Purchasing officer.

There is created the position of purchasing officer. The city manager shall be ex officio purchasing officer.

The city manager may in writing delegate any of the powers and duties conferred upon him/her as purchasing officer under this chapter to any other officer or employee of the city or may contract for the performance of such duties. The purchasing officer shall have authority to:

A. Purchase or contract for supplies, equipment and services required by any using group or department in accordance with purchasing procedures prescribed by this chapter and such other rules and regulations adopted by the city council and by such administrative regulations as adopted by the purchasing officer;
B. Sell supplies and equipment which cannot be used or which have become unsuitable for city use or to exchange the same for or trade in the same on new supplies and equipment in accordance with state law.
(Ord. 142 § 2, 1977)

3.04.040 Purchase orders.

Purchases of supplies, equipment and services shall be made only by purchase order. (Ord. 142 § 3, 1977)

3.04.050 Encumbrance of funds.

Except in cases of emergency, the purchasing officer shall not issue any purchase order for supplies, equipment or services unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.
(Ord. 142 § 4, 1977)
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Created: 2023-05-08 07:55:41 [EST]
(Supp. No. 21)

Page 2 of 2 ends

3.04.060 Purchasing procedures.

Purchasing procedures shall be established by resolution of the city council. (Ord. 142 § 5, 1977)
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK
REPEALING AND REPLACING CHAPTER 3.04 “PURCHASING SYSTEM” OF TITLE 3 “REVENUE AND FINANCE” OF THE CITY OF NEWARK MUNICIPAL CODE IN

ITS ENTIRETY
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances and regulations not in conflict with general laws; and WHEREAS, Section 54202 et. seq. of the Government Code requires the City to adopt policies and procedures, including bidding regulations, governing the purchase by the City of supplies and equipment of all departments, divisions or services of the city government; and WHEREAS, Chapter 3.04 of the City of Newark Municipal Code (“NMC”) sets forth the authority and procedures governing the purchase by the City of supplies and equipment of all departments, divisions or services of the city government; and
WHEREAS, in 1977, the City Council adopted Ordinance No. 142, which established a comprehensive purchasing system for the City by adding Chapter 3.04 to the NMC; and WHEREAS, the City Council, on the recommendation of the City Manager and the City Attorney, desires to repeal and replace Chapter 3.04 to update and revise the purchasing rules and procedures governing the purchase of materials, supplies, services and equipment for the City; and WHEREAS, the amendments to the Municipal Code propose to repeal and replace Chapter

3.04 “Purchasing System” of Title 3 “Revenue and Finance” of the NMC in its entirety, as shown in Exhibit A, which is attached hereto and incorporated herein by reference.

NOW, THEREFORE, 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. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.

SECTION 3. Municipal Code Amendment. The City Council hereby approves the amendments to the NMC, more particularly, repealing Chapter 3.04 “Purchasing System” of Title 3 “Revenue and Finance” of the City of Newark Municipal Code in its entirety, and replacing it with the text shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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

SECTION 5. 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.

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EXHIBIT A
Chapter 3.04

PURCHASING SYSTEM

3.04.010 Adoption.

In order to establish procedures for the purchase of materials, supplies, software subscriptions, services, and equipment, to secure for the City materials, supplies, services, and equipment at the lowest possible cost commensurate with the level of quality required, to exercise financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

3.04.020 Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. “Consultant or professional services” means the services rendered by architects, attorneys, engineers, doctors, financial consultants, planning or environmental consultants, investment advisors, bank or trustee officers, and other professional or specialized consultants.

B. “Contract” means any agreement to do or not do a certain thing. For the purposes of this chapter, “contract” and “agreement” are synonymous. The term “contract” includes, but is not limited to, a purchase order; a contract for services; an addendum or change order, which means a change or addendum to an executed contract; a letter of agreement; and a memorandum of understanding.

C. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

D. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following:

1. Maintenance or nonstructural repair of city buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken windowpanes, fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control, etc.;

2. Repair, modification and maintenance of city equipment and software;

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipment;

4. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, and lawns;

5. Providing other miscellaneous services to facilitate city operations; Packet Page 915

6. Performing repair, demolition or other work required to abate nuisances under this code;

7. Licensing software services;

8. Leasing or rental of equipment (personal property) for use by the City;

9. Maintenance of equipment owned or leased by the City. “General services” does not include consultant or professional services, or work associated with a public project.

E. “Goods of a technical nature” means hardware, software, or communications equipment, or any item that is substantially similar to the foregoing as determined by the Purchasing Agent.

F. “Materials, Supplies and equipment” means and includes tangible goods, supplies, equipment, vehicles, printing, materials, and furniture and furnishings purchased on behalf of the City.

G. “Public project” shall have the meaning given that term by the Uniform Public Construction Cost Account Act and referenced in Chapter 3.05.

3.04.030 Purchasing Agent designated.

The City Manager is designated as ex officio Purchasing Agent. The Purchasing Agent may delegate all or a portion of the contracting or purchasing duties to any city staff member. The Purchasing Agent shall have the authority to:

A. Contract for or procure consultant or professional services, general services, supplies and equipment required by the City, in accordance with this chapter and as may be established by administrative procedures by the Purchasing Agent;
B. Negotiate and recommend execution of contracts for the purchase of consultant or professional services, general services, supplies and equipment;
C. Act to procure for the City the necessary quality in consultant or professional services, general services, supplies and equipment at the lowest cost to the City; D. Prepare and recommend to the City Council revisions and amendments to this chapter; E. Establish and maintain such forms and administrative procedures as are reasonably necessary to the operation of this chapter;
F. Supervise the inspection of all consultant or professional services, general services, supplies and equipment purchased to ensure conformance with specifications; G. Pursuant to Chapter 2.38 of the Newark Municipal Code, arrange the sale or disposal of all supplies and equipment which cannot be used by the City, or which have become unsuitable for city use; Packet Page 916
H. Maintain a bidder’s list and other records necessary for the efficient acquisition of consultant or professional services, general services, and supplies and equipment; I. Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures conform to the provisions of this chapter and state law.

3.04.040 Purchasing award—Factors to be considered for responsiveness and responsibility.

The following factors shall be considered in determining the responsiveness of potential contracts and purchases and the responsibility of vendors and bidders in accordance with applicable law:

A. The amount of the contract or the purchase price;
B. The ability, capacity and skill of the bidder or vendor to perform the contract or provide the service required;
C. The ability of the bidder or vendor to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
D. The reputation and experience of the bidder or vendor; E. The previous experience of the City with the bidder or vendor; F. The previous and existing compliance by the bidder or vendor with applicable laws and ordinances; G. The sufficiency of the bidder’s or vendor’s financial resources and ability to perform the contract or provide the service;
H. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
I. The ability of the bidder or vendor to provide future maintenance and service for the subject of the contract or purchase;
J. The number and scope of conditions attached to the contract or purchase; K. The purchase of supplies, whenever feasible, containing the highest amount of postconsumer and recovered materials practicable. In all cases, these products must meet reasonable performance standards, and be readily available at a competitive price. In addition, all equipment bought, leased or rented shall, wherever feasible, be compatible with the use of other recycled products purchased by the City;
L. In the event that two (2) or more potential contracts or bids are received from responsible bidders or vendors for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent.

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3.04.050 Contracts and purchases of general services, supplies and equipment - Less than five thousand dollars ($5,000).

For purchases of general services or supplies and equipment of less than five thousand dollars ($5,000), informal quotations should be obtained. Comparative pricing is expected to secure the lowest price.

3.04.060 Contracts and purchases of general services, supplies, and equipment—Greater than or equal to five thousand dollars ($5,000) and less than fifty thousand dollars ($50,000).

A. Purchases of general services, supplies and equipment greater than or equal to five thousand dollars ($5,000) and less than fifty thousand dollars ($50,000) shall be based on at least three (3) quotations unless the Purchasing Agent determines that it is not possible to obtain three (3) quotations based on existing circumstances. The quotations shall be in writing, which writings may include electronic mail transmissions.

Quotations with the required documentation shall be submitted to the Finance Department for approval by the Purchasing Agent. The purchase of any general services, supplies and equipment greater than or equal to five thousand dollars ($5,000) and less than fifty thousand dollars ($50,000) shall be consistent with the factors stated in Section 3.04.040.

B. At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in Section

3.04.070 may be used for any acquisition of general services, supplies and equipment, regardless of the value.

3.04.070 Contracts and purchases of general services, supplies, and equipment— Greater than or equal to fifty thousand dollars ($50,000).

Purchases of general services and supplies and equipment with a cost greater than or equal to fifty thousand dollars ($50,000) shall comply with the competitive bidding procedure set forth in this section, except as provided in Section 3.04.080.

A. Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required.

B. Notices inviting bids shall be posted in at least one (1) public place in the City and posted on the City’s website at least fourteen (14) calendar days before the date of opening the bids.

C. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder’s list and may advertise the notice inviting bids in applicable publications readily accessible to the public.

D. When deemed necessary by the Purchasing Agent, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent. A successful bidder (and his surety, if a bond is furnished) shall be liable for any damages upon the bidder’s failure to enter into a contract with the City or upon the bidder’s failure to perform in accordance with the tenor of their bid.

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E. When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the City may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or City Council.

F. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.

G. At its discretion, the City may reject all bids presented and re-advertise for bids.

H. Contracts shall be awarded by the City to the lowest responsive, responsible bidder, except as otherwise provided herein.

I. If two (2) or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor.

3.04.080 Exceptions.

A. Contracts or purchases involving the acquisition of consultant or professional services are exempt from the provisions of this chapter; however, the procurement of such services shall be subject to the following:

1. With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the Purchasing Agent shall establish administrative procedures to assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Section 4526.

2. The Purchasing Agent may utilize a request for quotation or request for proposal to ensure the services are matched with the needs of the City.

B. Any request for an exception under this subsection shall identify the nature of the contract or purchase, amount of the contract or purchase, and the reasons why competitive bidding is not feasible and shall be subject to Purchasing Agent approval. The provisions of this chapter approval shall not apply to the following:

1. Where the City’s requirements can be met solely by a single patented article or process or provider;

2. Situations where no bids have been received following bid announcements conducted pursuant to the provisions of this chapter;

3. When an emergency requires that an order be placed without complying with this chapter;

4. When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the City’s needs at the lowest cost;

5. Public projects, pursuant to Chapter 3.05;

6. When another public agency has administered a competitive bidding process substantially similar to the City’s process as determined by the Purchasing Agent and has a current valid agreement for the Packet Page 919
same or substantially similar consultant or professional services, general services, supplies or equipment;

7. When goods or services are available through cooperative purchasing programs or consortiums, provided the City’s Purchasing Agent approves of such participation or if the underlying purchase was made using quotation or bid procedure at least as restrictive as outlined in this chapter;

8. When a purchase of goods and/or services involves the expenditure of federal or state funds, the procurement shall be conducted in accordance with mandatory applicable federal or state laws or regulations. Such laws or regulations may be incorporated in administrative policies, and periodically updated, as required.

9. When formal bids would work an incongruity and would be unavailing in affecting the final results and formal bids would not produce any advantage to the City.

3.04.090 Splitting orders prohibited.

The purchasing dollar limits set forth in this chapter are determined on a per order basis. It is unlawful to split or separate into smaller orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this chapter.

3.04.100 Purchase orders.

Purchases greater than or equal to five thousand dollars ($5,000) shall be documented by purchase orders prepared by the Purchasing Agent in accordance with adopted administrative policies.

3.04.110 Availability of sufficient funds.

No purchase shall be transacted until it has been ascertained that there is, to the credit of the department of the City for whose benefit such purchase is to be made, a sufficient appropriated balance in excess of all unpaid obligations to defray the amount of such purchase.

3.04.120 Inspection and review.

The Purchasing Agent shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set forth in the purchase order or contract.

3.04.130 Public projects.

Public projects as defined by the Uniform Public Construction Cost Accounting Act (Section 22000 et seq. of the California Public Contract Code) shall follow the purchasing procedures as set forth in Section 22032 et seq. of the Public Contract Code.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK ADDING CHAPTER 3.05 TO THE NEWARK

MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING

PROCEDURES UNDER THE UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING ACT (SECTION
22000, ET SEQ. OF THE PUBLIC CONTRACT CODE)
WHEREAS, the City of Newark is subject to the provisions of the California Public Contract Code governing how and when contracts for public projects are to be advertised, bid and awarded; and
WHEREAS, the Public Contract Code generally requires that public projects with a value of $5,000 or more must be publically bid; and
WHEREAS, the public bidding process requires the City to comply with complex procedures and process; and
WHEREAS, the public bidding process is time consuming and for small projects can impose requirements that are out of proportion to the value of the work being contracted; and WHEREAS, the Uniform Public Construction Cost Accounting Act, Public Contract Code section 22000 et seq. (the “Act”), authorizes the Uniform Construction Cost Accounting Commission (the “Commission”) which has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of, or in the contracting for, construction of public projects; and
WHEREAS, the Act allows public agencies that elect to follow these uniform public construction cost accounting procedures to use alternative methods for the bidding of public projects; and WHEREAS, these alternative procedures, among other things, would allow the City to use informal procedures to contract for certain public projects with a value greater than $5,000; and WHEREAS, the City Council desires to elect to become subject to the Uniform Public Construction Cost Accounting Act.

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

Section 1: Municipal Code Amendment
Chapter 3.05 is hereby added to the Municipal Code of the City of Newark to provide as follows:
“CHAPTER 3.05 – INFORMAL BID PROCEDURES
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Section 3.05.010 - Informal Bid Procedures.

Public projects, as defined by the Uniform Public Construction Cost Accounting Act (“ACT”) and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code.

Section 3.05.020 - Contractors List.

A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

Section 3.05.030 - Notice Inviting Informal Bids.

Where a public project is to be performed which is subject to the provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.05.020, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the Director of Public Works, provided however:

A. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.

B. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.

Section 3.05.040 - Award of Contracts.

The City Manager is authorized to award informal contracts pursuant to this Section.” Section 2: Publication and Effective Date. This Ordinance shall take effect thirty (30) days from the date of its adoption. Before expiration of fifteen (15) days after its adoption, this Ordinance shall be published in The Tri-City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ELECTING TO BECOME SUBJECT TO THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING
ACT
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and WHEREAS, Public Contract Code section 22000, et seq., the Uniform Public Construction Cost Accounting Act (the “Act”), establishes such a uniform cost accounting standard; and
WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the construction of public projects; and WHEREAS, the City intends to subject itself to the Act.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the City Clerk notify the State Controller forthwith of this election.

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CITY COUNCIL RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK

ESTABLISHING EXPENDITURE AUTHORITY
WHEREAS, the City Council previously adopted a resolution establishing certain limits of expenditure authority; and
WHEREAS, the City Council now desires to adjust the City’s expenditure authority schedule to increase efficiencies of work through the reduction of limitations and approval processes; and
WHEREAS, the contracts and purchases subject to this resolution must first be approved by the City Council through the budget appropriation process.

NOW THEREFORE, BE IT RESOLVED, as follows:

1. That the City Council of the City of Newark amends and establishes a Schedule of Expenditure Authority for City Agreements as set forth in Schedule A, which is attached hereto and incorporated herein.

2. That those Agreements not specified in Schedule A requiring the expenditure of funds shall be approved by the City Council.

3. That the City Council of the City of Newark is, concurrently with adoption of this Resolution, introducing ordinances repealing and replacing Chapter 3.04, “Purchasing System” and adding Chapter 3.05, “Informal Bid Procedures” to Title 3 “Revenue and Finance” of the Newark Municipal Code (the “Ordinances”).

4. That, upon approval by the City Council, and following the effective date of the Ordinances, this Resolution shall supersede and repeal Resolution No. 10,421.

5. That the Mayor, or in the Mayor’s absence, the Vice-Mayor, and the City Manager, and their duly authorized delegate, are authorized to execute all agreements that bind the City of Newark.

All agreements shall be attested and witnessed by the City Clerk and shall be in a form and substance approved by the City Attorney.

6. The City Manager, City Attorney and City Clerk are authorized to make all approvals, expend funds, enter into any agreements, and take any and all actions necessary or appropriate to carry out and implement the terms of this Resolution and to administer the City’s obligations, responsibilities and duties to be performed herein.

Packet Page 924
Schedule A
Schedule of Expenditure Authority for City Agreements
The City Council establishes this schedule setting forth expenditure authority at certain monetary levels. Expenditure authority assumes that services and/or purchases are budgeted.

Unless delegated in writing, only the Mayor and the City Manager may execute an agreement binding the City of Newark. All agreements must be attested and witnessed by the City Clerk and approved as to form and legal substance by the City Attorney. The expenditure limits include the total contract value including any amendments and/or change orders.

A. Construction Contracts, Public Works Contracts subject to the Uniform Public Construction Cost Accounting Act and contracts for maintenance.

Approval Authority Expenditure Limit

1. Public Works Director up to $60,000

2. City Manager up to $200,000

3. City Council greater than $200,000
B. Purchases of Equipment, Materials and Supplies not governed by the Uniform Public Construction Cost Accounting Act.

Approval Authority Expenditure Limit

1. Department Directors up to $15,000

2. City Manager up to $75,000

3. City Council greater than $75,000

4. City Manager greater than $75,000 (utility services) C. Contracts for professional, consulting or technical services.

Approval Authority Expenditure Limit

1. Department Directors up to $15,000

2. City Manager up to $75,000

3. City Council greater than $75,000

4. City Manager greater than $75,000 (legal fees)
D. Workers Compensation, Litigation Liability Claims, and Settlement Authority.

Approval Authority Expenditure Limit

1. City Manager/City Attorney up to $75,000
Risk Manager

2. City Council greater than $75,000
Packet Page 925
City Council: June 22, 2023
Purchasing Policy Revisions and
Construction Cost Accounting Act
Packet Page 926
City Council: June 22, 2023
Overview
• Ordinance Repealing and Replacing Chapter 3.04
“Purchasing System”
• Ordinance Adding Chapter 3.05 “Informal Bid Procedures” • Adopt a Resolution Electing to Become Subject to the
Uniform Public Construction Cost Accounting Act
• Adopt a Resolution Establishing Expenditure Authority Packet Page 927
City Council: June 22, 2023
Purchasing Ordinance
• Government Code Sections 54202 et seq. require the City to adopt policies and procedures governing the City’s
purchase of supplies and equipment for all departments, divisions or services.
• The City Council adopted the current purchasing
ordinance in 1977.
• The City Council’s existing purchasing resolution was adopted in 2015.

Packet Page 928
Current Bidding Requirements for General
Services, Supplies and Equipment
• Up to $10,000: No procedural requirements
• Greater than $10,000: Formal Request For Proposal (RFP) or Request for Qualifications (RFQ) with minimum of 10
calendar days’ notice on the City’s website
City Council: June 22, 2023
Purchasing Ordinance
Packet Page 929
Non-Comprehensive Exceptions to Formal Bidding
• Certain professional services
• Emergency purchases
• Supplies and services purchased through certified bid lists • Items subject to patent or other sole source basis
• Cooperative purchasing agreements
City Council: June 22, 2023
Purchasing Ordinance
Packet Page 930
Proposed Ordinance
• Less than $5,000: No procedural requirements
• $5,000-$49,999: Based on a minimum of three bids unless infeasible • $50,000 or greater: Formal RFP or RFQ with minimum of 14 calendar days’ notice on the City’s website and public posting
City Council: June 22, 2023
Purchasing Ordinance
Packet Page 931
Non-Comprehensive Exceptions to Formal Bidding
• Certain professional services
• Goods of a technical nature
• Emergency purchases
• Supplies and services purchased through certified bid lists • Items subject to patent or other sole source basis
• Cooperative purchasing agreements
City Council: June 22, 2023
Purchasing Ordinance
Packet Page 932
Background
• Public Contract Code: Formal bidding for all projects in excess of $5,000
• 289 of 482 cities participate in the UPCCAA including Alameda, Dublin, Emeryville, Fremont, Livermore, Pleasanton and Union City • 1,545 total public agencies participate in the UPCCAA City Council: June 22, 2023
Uniform Public Construction Cost Accounting Act
Packet Page 933
Proposed Ordinance and Resolution
• $60,000 or less: Negotiated contract or purchase order • $200,000 or less: Informal bidding procedures under State law • Greater than $200,000: Formal Request for Proposal (RFP) City Council: June 22, 2023
Uniform Public Construction Cost Accounting Act
Packet Page 934
Current Expenditure Authority
• Up to $10,000: Department Head Approval
• Up to $50,000: City Manager Approval
• Greater than $50,000: City Council Approval
• Workers’ Compensation Claims up to $25,000: City Manager Approval • General Claims up to $10,000: City Manager Approval
City Council: June 22, 2023
Expenditure Authority
Packet Page 935
Proposed Expenditure Authority
• Up to $15,000: Department Head Approval
• Up to $75,000: City Manager Approval
• Greater than $75,000: City Council Approval
• Workers’ Compensation Claims up to $75,000: City Manager Approval • General Claims up to $75,000: City Manager Approval
City Council: June 22, 2023
Expenditure Authority
Packet Page 936
Proposed Expenditure Authority
• Repeal Resolution No. 10,421
• Take effect upon the effective date of the proposed ordinances City Council: June 22, 2023
Expenditure Authority
Packet Page 937
Staff recommendation
• Ordinance Repealing and Replacing Chapter 3.04
“Purchasing System”
• Ordinance Adding Chapter 3.05 “Informal Bid Procedures” • Adopt a Resolution Electing to Become Subject to the
Uniform Public Construction Cost Accounting Act
• Adopt a Resolution Establishing Expenditure Authority City Council: June 22, 2023
Recommendation
Packet Page 938
Item  H. 1.

DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT    Closed Session pursuant to Government Code Section 54957, Public Employee Performance Evaluation, Title: City Manager
Packet Page 939
Item  H. 2.

DATE 06/22/2023
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT    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
Packet Page 940

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