92_07132023%20CC%20Agenda%20packet%20holy%20ghost%20added%20page%20numbers — Newark City Council, July 13, 2023 (part 1 of 2)

AGENDA
Thursday, July 13, 2023
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Introduction of employee(s)

2. Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda.

Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion. There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of June 22, 2023, minutes

3. Adopt resolutions: (1) authorizing the deletion of one full-time equivalent Aquatic Activities Specialist and the addition of one full-time equivalent Aquatics Coordinator to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (2) amending Resolution No. 2505, Employee Classification Plan, to add the class specification of City Engineer; amending the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of City Engineer and assign salary range 20; authorizing the deletion of one full-time equivalent Assistant City Engineer and the addition of one full-time equivalent City Engineer to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approving an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; (3) authorizing the addition of one full-time equivalent Senior Street Maintenance Worker to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (4) amending the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Maintenance Supervisor and assign salary steps; authorizing the addition of one full-time equivalent Maintenance Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approving an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and (5) amending Resolution No. 2505, Employee Classification Plan, to add the class specification of Facilities Supervisor; amending the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Facilities Supervisor and assign salary steps; authorizing the addition of one full-time equivalent Facilities Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approving an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5

4. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with LPC Services, Inc. for pest control services for City facilities

5. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with Applied Landscape Materials, Inc., to install engineered wood fiber material to all City-owned playgrounds

6. Adopt a resolution authorizing the City Manager to execute an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant Program and authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024.

7. Waive full reading, conduct second reading by title only, and adopt an ordinance repealing and replacing Chapter 3.04, “Purchasing System” of Title 3 “Revenue and Finance” of the Newark Municipal Code in its entirety

8. Waive full reading, conduct second reading by title only, and adopt an ordinance adding Chapter 3.05, “Informal Bid Procedures” to Title 3 “Revenue and Finance” of the Newark Municipal Code

9. Adopt a resolution to approve an amendment to Contractual Services Agreement with Patrick Ibarra dba The Mejorando Group to complete employee training services and approve a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024.

10. Adopt a Resolution authorizing the City Manager to execute an agreement with All City Management Services, Inc. to provide Crossing Guard Services for the Newark Unified School District and amend the 2022-2024 Biennial Budget and Capital Improvement Plan.

E. PUBLIC HEARINGS
Packet Page 2

1. Hearing to consider adopting a resolution to confirm the diagram and assessments and to levy and collect assessments in conjunction with Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19
F. OTHER BUSINESS
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

H. CITY MANAGER UPDATES
I. CLOSED SESSION

1. Conference with legal counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Horst, Joshua v. City of Newark (Workers' Compensation Appeals Board Number ADJ16393743)

2. Conference with legal counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: Saunders, Jeff v. City of Newark (Workers' Compensation Appeals Board Number ADJ9328008)

3. 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
J. ADJOURNMENT

MEETING INFORMATION
Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube or Cable Channel 26. The ability to participate and observe via Zoom, YouTube or Cable Channel 26 is predicated on those technologies being available and functioning without technical difficulties. Should those platforms not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that make those platforms unavailable, the City Council will proceed with business in person unless otherwise prohibited by law.

How to view the meeting remotely:

Livestream online at YouTube: https://www.youtube.com/@cityofnewark3077/streams Copy/paste the YouTube URL into your browser if the link does not automatically open.

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

From a PC, Mac, iPad, iPhone or Android device: https://us06web.zoom.us/j/87619650220 Packet Page 3
From a telephone dial 1- 669-900-9128, Webinar ID 876 1965 0220 Provide live, remote public comments, when the Mayor calls for comments. Use the raise your hand feature in Zoom to be called upon by the City Clerk.

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

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

Council Meeting Access/Materials:

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

Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted at https://www.newark.org/departments/city-manager-s-office/agendas-minutes and will concurrently be made available for public inspection during regular business hours at the David W. Smith City Hall, 37101 Newark Boulevard, Newark CA. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.

Packet Page 4
Item B. 1.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employee(s)
The following employees will be introduced at the City Council meeting: Licensed Child Care Instructors Katherinne Dardon and Madonna "Donna" Luistro.

Packet Page 5
Item B. 2.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
The Portuguese Fraternal Society of America Council No. 16 will celebrate the annual Holy Ghost Festival and their anniversary in the City of Newark on July 22 and 23, 2023. This year's event is extra special since it will be the 100th celebration of Holy Ghost Festival in Newark. Representatives from the Portuguese Fraternal Society will be at the City Council meeting to accept a proclamation.

Attachments
Proclamation
Packet Page 6
PROCLAMATION NO.

PORTUGUESE FRATERNAL SOCIETY OF AMERICA COUNCIL NO. 16
100th ANNIVERSARY
WHEREAS, the Annual Newark Pavilion/Portuguese Fraternal Society of America (P.F.S.A.) Council No. 16 Holy Ghost Festival will be celebrated in Newark on July 22-23, 2023; and
WHEREAS, this event will also be the celebration of the Society’s 100thAnniversary in the City of Newark; and
WHEREAS, the early members of P.F.S.A. were involved in and contributed greatly to the development of the City of Newark; and
WHEREAS, these early members of P.F.S.A. established the Holy Ghost Festival, thus preserving their Portuguese homeland traditions and sharing those traditions with all Newark residents; and
WHEREAS, the City of Newark wishes to join the Portuguese community of Newark in the celebration of their 100thAnniversary of the Annual Newark Pavilion/P.F.S.A. Council No. 16 Holy Ghost Festival;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim July 22-23, 2023, as days of celebration of the
PORTUGUESE FRATERNAL SOCIETY OF AMERICA COUNCIL NO. 16
100th ANNIVERSARY
and ask all citizens of the City of Newark to join in celebration of this event and in celebration of the rich cultural history that our Portuguese community shares with all residents of Newark.

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

Michael K. Hannon
Mayor
Packet Page 7
Item D. 1.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 6.8.23
Audited Demands 6.15.23
Audited Demands 6.22.23 - 1
Audited Demands 6.22.23 - 2
Packet Page 8
6/27/23, 4:13 PM myReports
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Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 06/08/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 06/08/2023 8592 Accounts Payable 4IMPRINT, INC. 1,516.74 Invoice Date Description Amount
11218215 06/06/2023 100 DRAWSTRING BACKPACKS & WATER BOTTLES FOR TE REC STAFF
1,516.74
Check 06/08/2023 8593 Accounts Payable BAGSINBULK 1,621.40 Invoice Date Description Amount
104531 06/06/2023 BACKPACKS W/ SCHOOL SUPPLIES & BACKPACKS W/ HYGIENE

SUPPLIES
1,621.40
Check 06/08/2023 8594 Accounts Payable AFLAC 893.28
Invoice Date Description Amount
808588 06/01/2023 AFLAC - MAY PREMIUMS 893.28
Check 06/08/2023 8595 Accounts Payable ALPINE AWARDS INC 4,270.91 Invoice Date Description Amount
6102829 06/06/2023 EMBROIDERED STAFF JACKETS 1,808.98
6103331 06/02/2023 AQUATICS UNIFORMS 2,461.93
Check 06/08/2023 8596 Accounts Payable ANKAR CYCLES, INC DBA

OAKLAND HARLEY-DAVIDSON
5,145.67
Invoice Date Description Amount
101278 05/30/2023 M-26 SERVICE 5/24/23 2,343.17
101306 05/27/2023 M-28 SERVICE 5/26/23 885.00
101298 05/30/2023 M-27 SERVICE 5/30/23 1,917.50
Check 06/08/2023 8597 Accounts Payable GUSTAVO ARROYO 411.42 Invoice Date Description Amount
052523EXP 05/30/2023 TASER INSTRUCTOR-SAN JOSE 411.42
Check 06/08/2023 8598 Accounts Payable BAIRD + DRISKELL

COMMUNITY PLANNING
51,924.75
Invoice Date Description Amount
1478 05/12/2023 HOUSING ELEMENT UPDATE PREPARATION - 2/23-4/23 51,924.75 Check 06/08/2023 8599 Accounts Payable BRYAN CABECEIRA 169.58 Invoice Date Description Amount
051623EXP 05/31/2023 EXPENSE REIMBURSEMENT 169.58
Check 06/08/2023 8600 Accounts Payable CENTRAL VETERINARY

HOSPITAL
249.50
Invoice Date Description Amount
495239 04/25/2023 VET SVCS 4/12, 4/20, 4/24/23 249.50
Check 06/08/2023 8601 Accounts Payable CINDY K. HULL & ASSOCIATES - FORENSIC CONSULTING

85.00 Invoice Date Description Amount
141 05/18/2023 LATENT PRINT ANALYSIS MAY 2023 85.00
Check 06/08/2023 8602 Accounts Payable ALAMEDA COUNTY

ASSESSOR'S OFFICE

24.00 Invoice Date Description Amount
1647 05/12/2023 ASSESSOR MAP UPDATES - 4/2023 24.00
Check 06/08/2023 8603 Accounts Payable DAILY JOURNAL

CORPORATION
540.00
Invoice Date Description Amount
Packet Page 9
6/27/23, 4:13 PM myReports
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BE005528190 06/01/2023 DELTA PPO - JUNE PREMIUMS 17,058.30 Check 06/08/2023 8605 Accounts Payable DELTA DENTAL INSURANCE

COMPANY
172.82
Invoice Date Description Amount
BE005526293 06/02/2023 DELTA CARE - JUNE PREMIUMS 172.82 Check 06/08/2023 8606 Accounts Payable DOOLEY ENTERPRISES, INC. 25,997.62 Invoice Date Description Amount
65579 05/18/2023 AMMUNITION 05/18/2023 25,997.62
Check 06/08/2023 8607 Accounts Payable EQUIFAX INFORMATION SVCS LLC

51.26 Invoice Date Description Amount
2055046468 05/13/2023 CREDIT BUREAU REPORT FEES - 5/13/23 51.26 Check 06/08/2023 8608 Accounts Payable EVIDENT, INC. 157.68 Invoice Date Description Amount
221394A 05/17/2023 FIELD FINGERPRINT KITS 157.68
Check 06/08/2023 8609 Accounts Payable EWING IRRIGATION

PRODUCTS
8,479.00
Invoice Date Description Amount
19463426 05/19/2023 PARK SUPPLIES 8,479.00
Check 06/08/2023 8610 Accounts Payable FRONTIER BUILDING

PRODUCTS PACIFIC, INC
1,709.00
Invoice Date Description Amount
5-19-856392 05/19/2023 PD DOOR REPAIR 5/19/23 1,305.00
5-17-871221 05/17/2023 SVC IRRIGATION VAN DOOR REPAIR 5/17/23 404.00 Check 06/08/2023 8611 Accounts Payable GACHINA LANDSCAPE MANAGEMENT, INC.
42,925.58
Invoice Date Description Amount
E 207586A 04/01/2023 MAINTENANCE CONTRACT APRIL 2023 17,507.40 E 207586B 04/01/2023 MAINTENANCE CONTRACT-CH, PD, LIB APRIL 2023 3,500.00 E 208257B 05/01/2023 MAINTENANCE CONTRACT-CH, PD, LIB MAY 2023 3,500.00 E 208710 05/05/2023 MEDIANS MAINLINE REPAIR 5/5/23 910.78 E 208257A 05/01/2023 MAINTENANCE CONTRACT MAY 2023 17,507.40 Check 06/08/2023 8612 Accounts Payable GRAINGER 372.72
Invoice Date Description Amount
9694085367 05/02/2023 CHERRY FIRE-CORD REEL 78.06
9692703078 05/01/2023 BLDG TRASH CAN TOP 13.37
9567112744 01/09/2023 BLDG GRATE HOOK AND WEATHERSTRIP 281.29 Check 06/08/2023 8613 Accounts Payable GYM DOCTORS 322.68 Invoice Date Description Amount
00141843 04/14/2023 FITNESS CENTER EQUIPMENT MAINTENANCE - 4/13/23 322.68 Check 06/08/2023 8614 Accounts Payable PATRICIA HADDOCK 536.62 Invoice Date Description Amount
05302023 05/30/2023 PERSUASIVE TRAINING & EDITING - 5/9/23 & 5/15/23 536.62 Check 06/08/2023 8615 Accounts Payable DUNCAN HALL 37.99 Invoice Date Description Amount
0604-060523EXP 06/06/2023 ADVANCED TRAINING OFFICER (CTI UPDATE) 37.99 Check 06/08/2023 8616 Accounts Payable HIROSHI ICHIMURA 3,355.20 Invoice Date Description Amount
0304-042923 04/29/2023 KENDO CLASSES FOR 3/4-4/29 3,355.20 Check 06/08/2023 8617 Accounts Payable JOSH HORST 907.94 Invoice Date Description Amount
0530-053123EXP 06/06/2023 SAVE DINNER REIMBURSEMENT 907.94 Packet Page 10
6/27/23, 4:13 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 3/5 Check 06/08/2023 8618 Accounts Payable INDUSTRIAL PLUMBING SUPPLY, LLC.
303.79
Invoice Date Description Amount
108002 05/17/2023 SILLIMAN TOILET 303.79
Check 06/08/2023 8619 Accounts Payable JOINT VENTURE SILICON VALLEY
3,500.00
Invoice Date Description Amount
975SOVNEWARK 01/18/2023 STATE OF THE VALLEY CONFERENCE - 2023 3,500.00 Check 06/08/2023 8620 Accounts Payable KIM TURNER 375.00 Invoice Date Description Amount
INVOICE-2785 03/29/2023 ADVANCED TRAINING COURSE-MARISA H - 6/4/23 375.00 Check 06/08/2023 8621 Accounts Payable KNORR SYSTEMS

INTERNATIONAL
692.00
Invoice Date Description Amount
200767 05/18/2023 SILLIMAN POOL SERVICE-TROUBLESHOOT CO2 5/18/23 692.00 Check 06/08/2023 8622 Accounts Payable KAMINI KUMAR 588.73 Invoice Date Description Amount
0531-060223EXP 06/06/2023 GRANT WRITING USA-KAMINI 05/31-6/02/23 588.73 Check 06/08/2023 8623 Accounts Payable LEXISNEXIS RISK DATA MANAGEMENT INC.
100.00
Invoice Date Description Amount
1845802-20230331 03/31/2023 INVESTIGATIVE INFO RESEARCH 3/31 50.00 1845802-20230430 04/30/2023 INVESTIGATIVE INFO RESEARCH 4/30 50.00 Check 06/08/2023 8624 Accounts Payable LOOMIS 392.91
Invoice Date Description Amount
13260029 05/31/2023 ARMORED CAR SERVICE - 05/23 392.91
Check 06/08/2023 8625 Accounts Payable MEYERS NAVE, A

PROFESSIONAL

CORPORATION
3,770.50
Invoice Date Description Amount
204369 04/27/2023 LEGAL SVCS FOR CEDAR/ROBSON HOMES - SVCS THRU 3/31/23 1,868.50 204370 04/27/2023 LEGAL SVCS FOR CEDAR BLVD TWNHMS (WAYMARK) SVCS THRU 3/31/23
942.50
205384 05/24/2023 LEGAL SVCS FOR CEDAR BLVD TWNHMS (WAYMARK) SVCS THRU 4/30/23
959.50
Check 06/08/2023 8626 Accounts Payable MIKE YORKS INVESTIGATIONS 150.00 Invoice Date Description Amount
2023-20 05/18/2023 BACKGROUND INVESTIGATIONS 5/6-5/15/23 150.00 Check 06/08/2023 8627 Accounts Payable MISSION LINEN SUPPLY -

UNIFORM
2,351.51
Invoice Date Description Amount
MAY' 23 05/31/2023 UNIFORM/MATS MAY 2023 2,351.51
Check 06/08/2023 8628 Accounts Payable KYLE MOORE 72.05 Invoice Date Description Amount
021323EXP 05/31/2023 EXPENSE REIMBURSEMENT 72.05
Check 06/08/2023 8629 Accounts Payable NUTRIEN AG SOLUTIONS, INC. 1,860.60 Invoice Date Description Amount
50963545 05/04/2023 RANGER PRO PESTICIDE 05/04/23 1,860.60 Check 06/08/2023 8630 Accounts Payable ORIGINAL WATERMEN, INC 600.67 Invoice Date Description Amount
S82539 05/29/2023 LIFEGUARD EQUIPMENT 600.67
Check 06/08/2023 8631 Accounts Payable PACIFIC GAS & ELECTRIC 2,966.64 Invoice Date Description Amount
7460-051823 05/18/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 03/28-04/26/23 2,966.64 Check 06/08/2023 8632 Accounts Payable PERFORMANCE PEST

MANAGEMENT
267.00
Invoice Date Description Amount
Packet Page 11
6/27/23, 4:13 PM myReports
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1,628.58
Invoice Date Description Amount
PC001821654 05/18/2023 FLEET PARTS FOR SERVICE 1,628.58 Check 06/08/2023 8634 Accounts Payable POOLED LIABILITY

ASSURANCE NETWORK JPA
972.53
Invoice Date Description Amount
PLAN-2023-0212 05/08/2023 GENERAL LIABILITY PREMIUM FY22-23-APRIL 2023 972.53 Check 06/08/2023 8635 Accounts Payable PROVIDENT LIFE & ACCIDENT

INSURANCE

62.68 Invoice Date Description Amount
UNUM MAY 2023 06/01/2023 UNUM - MAY 2023 COVERAGE 62.68 Check 06/08/2023 8636 Accounts Payable RELIABLE TRANSLATIONS INC. 3,218.35 Invoice Date Description Amount
24679 04/25/2023 TRANSLATIONS & INTERPRETATION SVCS - 4/25/23 486.00 24682 04/26/2023 TRNSL & INTERP SVCS - FIRE EXTINGUISHER MAKE-UP CLASS - 4/26/23
373.01
24744 05/02/2023 TRNSL & INTERP SVCS - DIGITAL MRKTNG WRKSHP - 5/2/23 486.00 24818 05/08/2023 TRNSL & INTERP SVCS - DIGITAL MRKTNG WRKSHP - 5/8/23 486.00 24832 05/09/2023 TRNSL & INTERP SVCS - DIGITAL MRKTNG WRSHP 5/9/23 486.00 24681 04/26/2023 INTERP/TRNSL SVCS - ARPA - FIRE EXTINGUISHER MK-UP CLS - 4/26/23
253.34
24817 05/08/2023 INTERP/TRNSL SVCS - ARPA - DIGITAL MRKTNG WRKSHP 5/8/23 162.00 24831 05/09/2023 INTERP/TRNSL SVCS - ARPA - DIGITAL MRKTNG WRKSHP 5/9/23 162.00 24678 04/25/2023 INTERP/TRNSL SVCS - ARPA - DIGITAL MRKTNG WRKSHP 4/25/23 162.00 24743 05/02/2023 INTERP/TRNSL SVCS - ARPA - DIGITAL MRKTNG WRKSHP 5/2/23 162.00 Check 06/08/2023 8637 Accounts Payable REVOLUTION DANCEWEAR, LLC
1,006.94
Invoice Date Description Amount
SI-2483265 03/23/2023 DANCE COSTUMES 1,006.94
Check 06/08/2023 8638 Accounts Payable SFPUC 3,768.51
Invoice Date Description Amount
59675 05/24/2023 SFPUC RENT WATER AC#3642 5/24/23 970.17 59707 05/24/2023 SFPUC RENT WATER AC#2866 5/24/23 2,798.34 Check 06/08/2023 8639 Accounts Payable WILLE ELECTRIC SUPPLY CO., INC
190.66
Invoice Date Description Amount
S2143369.002 05/17/2023 SILLIMAN LIGHTING SUPPLIES 190.66 Check 06/08/2023 8640 Accounts Payable S.B.R.P.S.T.C. 7,222.00 Invoice Date Description Amount
223400 01/17/2023 ACADEMY FEES FY 22/23-MONTEREY 10/31/22-5/2/23 7,222.00 Check 06/08/2023 8641 Accounts Payable STAPLES 1,055.91 Invoice Date Description Amount
8070292920 05/15/2023 OFFICE SUPPLIES 5/1-5/11/23 1,055.91 Check 06/08/2023 8642 Accounts Payable SUMMIT UNIFORMS CORP 999.69 Invoice Date Description Amount
86660 05/09/2023 UNIFORM-CHRISTIAN LARA 999.69
Check 06/08/2023 8643 Accounts Payable SURF TO SNOW

ENVIRONMENTAL RESOURCE
16,907.50
Invoice Date Description Amount
12805 04/30/2023 MUNICIPAL STORMWATER INSPECTION SERVICES (04/01-04/30/23) 16,907.50 Check 06/08/2023 8644 Accounts Payable T-MOBILE 147.76
Invoice Date Description Amount
966241989052023 05/31/2023 IPHONE SVC 04/21-05/20/23 147.76 Check 06/08/2023 8645 Accounts Payable THE GOODYEAR TIRE &

RUBBER COMPANY
1,870.89
Invoice Date Description Amount
Packet Page 12
6/27/23, 4:13 PM myReports
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Check 06/08/2023 8646 Accounts Payable THE TACTICAL ADVANTAGE

POLICE SUPPLY
960.27
Invoice Date Description Amount
7163 02/09/2023 BULLETPROOF VESTS ARIEL SAN PEDRO; APPROVAL #2023-12 960.27 Check 06/08/2023 8647 Accounts Payable UNION PACIFIC RAILROAD CO 267.00 Invoice Date Description Amount
90124878 04/19/2023 PRELIMINARY ENGINEERING SVCS FOR MOWRY VILLAGE PROJECT - 12/22
267.00
Check 06/08/2023 8648 Accounts Payable KENNETH WOOD 278.21 Invoice Date Description Amount
052023EXP 05/31/2023 EXPENSE REIMBURSEMENT 278.21
EFT 06/08/2023 593 Accounts Payable SPECTRUM SMALL BUSINESS

SERVICES, LLC
325084426 / 5348560846 7,938.50
Invoice Date Description Amount
05082023-GENERAL 05/08/2023 SM BUS SUPPORT - SHEEREN TURGHUN'S TRAVEL - 4/23/23-4/27/23 1,772.25 04302023-GENERAL 04/30/2023 SMALL BUSINESS SUPPORT - MIKE BULL'S MEETINGS - 4/30/23 3,575.00 04302023-ARPA 04/30/2023 CONSULTING & REFERRAL TO BUS SUPPORT AGENCIES-ARPA - 4/30/23
577.50
06012023-GENERAL 06/01/2023 SMALL BUSINESS SUPPORT - MIKE BULL'S MEETINGS - 6/23 2,013.75 EFT 06/08/2023 594 Accounts Payable SEDGWICK CLAIMS
MANAGEMENT SERVICES, INC.
121000248 / 4942808510 14,780.50
Invoice Date Description Amount
SF-8510-01290893 05/01/2023 FY 22/23 WORKERS COMPENSATION CLAIMS -04/03/23-04/30/23 14,780.50 AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 59 $250,204.54 Checks: 57 $227,485.54
EFTs: 2 $22,719.00
Packet Page 13
6/27/23, 4:12 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 1/4 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 06/15/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 06/15/2023 8649 Accounts Payable ALAMEDA COUNTY WATER

DISTRICT
2,423.47
Invoice Date Description Amount
0401-053121 06/01/2023 ACWD HYDRANT 04/1-05/31/23 2,423.47 Check 06/15/2023 8650 Accounts Payable ALLIED AUTO STORES INC 781.71 Invoice Date Description Amount
MAY' 23 05/31/2023 FLEET SUPPLIES 05/05/23-05/25/23 781.71 Check 06/15/2023 8651 Accounts Payable ALPINE AWARDS INC 3,352.39 Invoice Date Description Amount
6102993 05/18/2023 SHIRTS/UNIFORMS 3,352.39
Check 06/15/2023 8652 Accounts Payable BAY AREA TEMPORARY SANITATION, INC.
409.78
Invoice Date Description Amount
102053 05/10/2023 PORTABLE RESTROOMS AND SINKS - 05/05/23 409.78 Check 06/15/2023 8653 Accounts Payable CCUG 700.00
Invoice Date Description Amount
2023000302CCUG 05/23/2023 AGENCY MEMBERSHIP-MARISA HUNTLEY - 2023 125.00 2023000314CCUG 05/26/2023 2023 SEMINAR-HUNTLEY - 9/11/23-9/12/23 575.00 Check 06/15/2023 8654 Accounts Payable CENTRAL VALLEY
TOXICOLOGY, INC.
280.00
Invoice Date Description Amount
328037 05/25/2023 LAB TESTS 05/25/2023 40.00
327913 05/19/2023 LAB TESTS 05/19/2023 160.00
327584 05/04/2023 LAB TESTS 05/04/2023 40.00
327583 05/04/2023 LAB TESTS 05/04/2023 40.00
Check 06/15/2023 8655 Accounts Payable CITY OF FREMONT 13,861.90 Invoice Date Description Amount
329115 06/01/2023 SHELTER OPERATING EXP JUNE 2023 13,861.90 Check 06/15/2023 8656 Accounts Payable CITY OF HAYWARD 166.00 Invoice Date Description Amount
351337 05/17/2023 TRAINING AT CANG 5/17/23 166.00
Check 06/15/2023 8657 Accounts Payable COMCAST 846.16
Invoice Date Description Amount
8821-05242023 05/24/2023 TELEVISION & PUBLIC WIFI ACCESS 5/29-6/28/2023 846.16 Check 06/15/2023 8658 Accounts Payable TONYA CONNOLLY 600.33 Invoice Date Description Amount
052423EXP 05/24/2023 FOOD FOR PUBWORKS EVENT 5/24/23 600.33 Check 06/15/2023 8659 Accounts Payable CRIME SCENE CLEANERS INC 108.00 Invoice Date Description Amount
87063 05/25/2023 CLEAN AND DISINFECT POLICE CAR #1703 108.00 Check 06/15/2023 8660 Accounts Payable CYNTHIA M KIRBY 6,825.00 Invoice Date Description Amount
2306035 06/01/2023 POLYGRAPH TESTING SERVICES - 2/3/23 - 5/30/23 6,825.00 Packet Page 14
6/27/23, 4:12 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 2/4 Check 06/15/2023 8661 Accounts Payable DAILY JOURNAL

CORPORATION
368.75
Invoice Date Description Amount
B3706893 06/06/2023 LEGAL ADVERTISING - 6/6/23 308.75
B3706904 06/06/2023 LEGAL ADVERTISING - 6/6/23 60.00
Check 06/15/2023 8662 Accounts Payable DUKE DE LEON 393.00 Invoice Date Description Amount
4173 05/29/2023 VIDEO CITY COUNCIL AND PLANNING COMMISION MTGS MAY 2023 393.00 Check 06/15/2023 8663 Accounts Payable ECS IMAGING, INC. 2,362.50 Invoice Date Description Amount
17844 05/26/2023 LASERFICHE CLOUD UPGRADE - VALIDATION & GO LIVE 2,362.50 Check 06/15/2023 8664 Accounts Payable GRAINGER 1,434.41 Invoice Date Description Amount
9699735800 05/08/2023 BLDG SUPPLIES-AIR FILTERS, BUSHING, BULBS 690.89 9702974016 05/10/2023 SVC EQUIPMENT SHOP HEATER 743.52
Check 06/15/2023 8665 Accounts Payable YAMA HOMAYOUN 526.32 Invoice Date Description Amount
0522-0524EXP 06/06/2023 SLI SESSION 7-RANCHO MURIETA 526.32 Check 06/15/2023 8666 Accounts Payable ALONZO MADRID 4,679.13 Invoice Date Description Amount
2313328-1 04/11/2023 CRESTRON REPLACEMENT 886.00
2313332-1 04/11/2023 SERVICE AND INSTALLATIONS - CHAMBER PODIUM 2/24/23, 3/6/23 1,322.19 2313336-1 04/11/2023 SERVICE AND INSTALLATIONS - PD HDMI 4/6/23 2,470.94 Check 06/15/2023 8667 Accounts Payable NAPA AUTO PARTS 1,802.75 Invoice Date Description Amount
MAY' 23 05/31/2023 NAPA-FLEET SUPPLIES MAY 2023 1,802.75 Check 06/15/2023 8668 Accounts Payable L.N. CURTIS AND SONS 210.54 Invoice Date Description Amount
INV708025 05/24/2023 ACADEMY GEAR 210.54
Check 06/15/2023 8669 Accounts Payable MIKE YORKS INVESTIGATIONS 450.00 Invoice Date Description Amount
2023-19 05/19/2023 BACKGROUND INVESTIGATIONS 4/29-5/9/23 225.00 2023-21 05/23/2023 BACKGROUND INVESTIGATIONS 5/6-5/28/23 225.00 Check 06/15/2023 8670 Accounts Payable PACIFIC GAS & ELECTRIC 2,018.76 Invoice Date Description Amount
3926-060623 06/06/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 05/01-05/30/23 98.06 1859-060623 06/06/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 05/01-05/30/23 1,522.90 9045-060523 06/05/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 04/27-05/25/23 209.86 0552-060223 06/02/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 04/28-05/26/23 79.45 2305-060223 06/02/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 04/27-05/25/23 108.49 Check 06/15/2023 8671 Accounts Payable MORGAN PEDERSEN 990.03 Invoice Date Description Amount
032423-060323EXP 06/12/2023 CNU 31 MEMBERSHIP, CONFERENCE & TOURS 920.00 05192023EXP 05/19/2023 SNACKS 2ND ROUND CHAMBER OF COMMERCE CEO INTERVIEWS 40.05 06092023EXP 06/09/2023 SNACKS FOR 2ND SESSION EMERG PREP WRKSHP 29.98 Check 06/15/2023 8672 Accounts Payable PERFORMANCE PEST

MANAGEMENT
350.00
Invoice Date Description Amount
68776 05/23/2023 PEST SERVICES - CITY HALL #102699 5/23/23 175.00 68778 05/23/2023 PEST SERVICES - SENIOR CENTER #102706 5/23/23 175.00 Check 06/15/2023 8673 Accounts Payable RAYMUNDO RUIZ 318.62 Invoice Date Description Amount
061123EXP 06/11/2023 BOOT REIMBURSEMENT 6/11/23 318.62
Check 06/15/2023 8674 Accounts Payable SAN MATEO REGIONAL

NETWORK INC

20.00 Invoice Date Description Amount
Packet Page 15
6/27/23, 4:12 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 3/4 24365 05/10/2023 DNS SERVICE PROVIDER - MAY '23 20.00
Check 06/15/2023 8675 Accounts Payable SAVAGE TRAINING GROUP LLC 610.00 Invoice Date Description Amount
STG-7434 06/07/2023 FIELD TRAINING PROGRAM SUPERVISOR -DAVID HIGBEE 8/28/23- 8/30/23
610.00
Check 06/15/2023 8676 Accounts Payable SIMON & COMPANY INC 1,720.00 Invoice Date Description Amount
05-2023 05/25/2023 PROFESSIONAL FEDERAL AFFAIRS ASSISTANCE FOR MAY 2023 1,720.00 Check 06/15/2023 8677 Accounts Payable LEHR 2,375.00
Invoice Date Description Amount
SI87585 05/22/2023 CF33S INSTALL - 20 CF-33 PROJECT 2023-03 425.00 SI87584 05/22/2023 CF33S INSTALL - 20 CF-33 PROJECT 2023-03 425.00 SI87583 05/22/2023 CF33S INSTALL - 20 CF-33 PROJECT 2023-03 425.00 SI87582 05/22/2023 CF33S INSTALL - 20 CF-33 PROJECT 2023-03 425.00 SI87581 05/22/2023 CF33S INSTALL - 20 CF-33 PROJECT 2023-03 675.00 Check 06/15/2023 8678 Accounts Payable SUMMIT UNIFORMS CORP 2,650.16 Invoice Date Description Amount
86901 05/24/2023 UNIFORM-TARYN S 183.75
86920 05/25/2023 VOLUNTEER UNIFORMS 2,466.41
Check 06/15/2023 8679 Accounts Payable TEMPERATURE TECHNOLOGY INC.
41,718.85
Invoice Date Description Amount
I2487 05/22/2023 PD HVAC REPAIR 5/12/23 1,200.00
I2501 05/22/2023 SILLIMAN SUPPLIES-AHU-2 PARTS 1,958.47 I2505 05/26/2023 SILLIMAN HVAC SERVICE 5/26/23 390.00
I2473 05/08/2023 SILLIMAN HVAC REPAIR AND MAINTENANCE-4/24/23 - 5/1/23 16,087.42 I2366 03/09/2023 SILLIMAN HVAC REPAIR AND MAINTENANCE PARTS 20,348.83 I2443 04/24/2023 SILLIMAN HVAC REPAIR AND MAINTENANCE-4/7/23 1,734.13 Check 06/15/2023 8680 Accounts Payable JENNIFER TRAN 110.04 Invoice Date Description Amount
0501-053123EXP 06/07/2023 MILEAGE REIMBURSEMENT 5/1/23-5/31/23 110.04 Check 06/15/2023 8681 Accounts Payable TREASURER OF ALAMEDA COUNTY
6,695.00
Invoice Date Description Amount
23-05108 06/07/2023 BOOKING FEES MAY 2023 6,695.00
Check 06/15/2023 8682 Accounts Payable VERIZON WIRELESS 6,353.83 Invoice Date Description Amount
9935174028 05/18/2023 WIRELESS SERVICE APRIL 19 - MAY 18, 2023 6,353.83 Check 06/15/2023 8683 Accounts Payable VISTA UNIVERSAL INC 1,486.31 Invoice Date Description Amount
T514682 05/31/2023 SPORTSFIELD LIGHTS 5/30/23 1,486.31
Check 06/15/2023 8684 Accounts Payable ORION SECURITY 3,754.40 Invoice Date Description Amount
121906 06/03/2023 UNARMED, UNIFORMED SECURITY OFFICER 5/30/23 - 6/2/23 1,155.20 121693 05/27/2023 UNARMED, UNIFORMED SECURITY OFFICER 5/22/23 - 5/25/23 1,155.20 121649 05/20/2023 UNARMED, UNIFORMED SECURITY OFFICER 5/15/23 - 5/19/23 1,444.00 Check 06/15/2023 8685 Accounts Payable CHAPA , DIOSEL 300.00 Invoice Date Description Amount
679768 06/12/2023 REFUND FOR FACILITY RENTAL 300.00
Check 06/15/2023 8686 Accounts Payable GARCIA , HEATHER 500.00 Invoice Date Description Amount
679198 06/13/2023 REFUND FOR COMM CTR RENTAL DEPOSIT 500.00 Check 06/15/2023 8687 Accounts Payable METROPOLITAN PLANNING GROUP
4,925.00
Invoice Date Description Amount
2003617 01/25/2023 CEDAR/ROBSON HOMES PROJECT - SVCS THRU 12/31/22 1,828.75 2003668 02/14/2023 CEDAR/ROBSON HOMES PROJECT - SVCS THRU 1/31/23 1,295.00 Packet Page 16
6/27/23, 4:12 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 4/4 2003744 04/14/2023 CEDAR/ROBSON HOMES PROJECT - SVCS THRU 3/31/23 878.75 2003804 05/12/2023 CEDAR/ROBSON HOMES PROJECT - SVCS THRU 5/12/23 922.50 EFT 06/15/2023 595 Accounts Payable CLIENTFIRST TECHNOLOGY

CONSULTING
122037760 /
001064667052
2,562.50
Invoice Date Description Amount
15024 04/30/2023 IT SUPPORT 3/1/23 - 4/30/23 2,562.50
EFT 06/15/2023 596 Accounts Payable KBA DOCUMENT SOLUTIONS, LLC.
026009674 / 351510 12,222.07
Invoice Date Description Amount
91540 05/23/2023 LEASE PAYMENT MAY 15 - JUNE 14, 2023 190.38 89419 05/15/2023 COPIER LEASE YEAR 1 OF 5 - MAY 23 - JUNE 04 2023 223.29 84807 04/25/2023 COPIER LEASE 04/15/23 - 05/14/23 4,342.60 83244 04/13/2023 COPIER LEASE 04/05/23 - 05/04/23 223.29 91539 05/23/2023 COPIER LEASE 05/15/23 - 06/14/23 4,734.71 55Y1363271 04/25/2023 OVERAGES 3/21/23 - 5/20/23 1,152.80 55Y1371931 05/26/2023 REPAIR 5/24/23 720.00
55Y1369658 05/17/2023 SUPPLIES 635.00
AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 41 $134,262.71 Checks: 39 $119,478.14
EFTs: 2 $14,784.57
Packet Page 17
6/27/23, 4:10 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 1/5 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 06/22/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 06/22/2023 8688 Accounts Payable ABBE & ASSOCIATES LLC 4,488.00 Invoice Date Description Amount
N-19 06/05/2023 RECYCLING/ORGANICS CONSULTANT (THROUGH MAY 2023) 4,488.00 Check 06/22/2023 8689 Accounts Payable ACCESS 100.00
Invoice Date Description Amount
10286254 05/31/2023 SHREDDING SVCS MAY 2023 100.00
Check 06/22/2023 8690 Accounts Payable ALL CITY MANAGEMENT SERVICES, INC.
7,657.82
Invoice Date Description Amount
85950 05/31/2023 SCHOOL CROSSING GUARD SVCS 5/14/23-5/27/23 7,657.82 Check 06/22/2023 8691 Accounts Payable AMERICAN ASPHALT REPAIR & RESURFACING CO., INC.
203,983.71
Invoice Date Description Amount
17235 05/31/2023 21-22 CITYWIDE PARK PATHWAYS RESURFACING FOR ADA ACCESS 05/23
203,983.71
Check 06/22/2023 8692 Accounts Payable APPLIED AIR FILTERS 3,039.53 Invoice Date Description Amount
46720 06/02/2023 AIR FILTERS: BLGS, SILLIMAN, PD AND LIBRARY 3,039.53 Check 06/22/2023 8693 Accounts Payable BAY CENTRAL PRINTING 64.27 Invoice Date Description Amount
195741 05/31/2023 BUSINESS CARDS - FARRELL 64.27
Check 06/22/2023 8694 Accounts Payable BEAR ELECTRICAL
SOLUTIONS, INC.
14,798.26
Invoice Date Description Amount
18438 03/23/2023 FY22-23 STREET LIGHT MAINTENANCE - 03/23 14,798.26 Check 06/22/2023 8695 Accounts Payable CARBONIC SERVICE 571.80 Invoice Date Description Amount
509625 06/02/2023 POOL CHEMICALS 571.80
Check 06/22/2023 8696 Accounts Payable MICHAEL CARMEN 33.81 Invoice Date Description Amount
110322EXP 11/07/2022 EXPENSE REIMBURSEMENT - MILEAGE 33.81 Check 06/22/2023 8697 Accounts Payable CENTRAL VETERINARY

HOSPITAL
270.00
Invoice Date Description Amount
496790 05/30/2023 VET SVCS 4/3/23-05/30/23 205.00
492534 02/23/2023 VET SVCS 02/14/2023 65.00
Check 06/22/2023 8698 Accounts Payable APRO LLC 80.00
Invoice Date Description Amount
050123-053123 05/31/2023 CAR WASH 05/01-05/31/23 80.00
Check 06/22/2023 8699 Accounts Payable CHEVROLET OF FREMONT 1,002.62 Invoice Date Description Amount
139042 06/15/2023 FLEET PARTS-ROTOR 274.21
139039 06/13/2023 FLEET PARTS-PAD KIT, ROTOR AND BOLT 728.41 Check 06/22/2023 8700 Accounts Payable CLASSIC GRAPHICS 38.76 Invoice Date Description Amount
Packet Page 18
6/27/23, 4:10 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 2/5 48046 06/02/2023 MOTORCYCLE DECALS 38.76
Check 06/22/2023 8701 Accounts Payable ALAMEDA COUNTY 6,067.00 Invoice Date Description Amount
IN0341269 05/25/2023 CUPA FEES - FLEET JUN '23 6,067.00 Check 06/22/2023 8702 Accounts Payable ALAMEDA COUNTY

ENVIRONMENTAL HEALTH
820.00
Invoice Date Description Amount
IN0341334 05/25/2023 CUPA FEES - FLEET - JUNE 2023 820.00 Check 06/22/2023 8703 Accounts Payable DELL MARKETING L.P. 5,881.15 Invoice Date Description Amount
10672426659 05/17/2023 MONITORS 5,881.15
Check 06/22/2023 8704 Accounts Payable EAST BAY LAWN MOWER 265.67 Invoice Date Description Amount
38116 06/12/2023 SMALL EQUIPMENT REPAIR 6/12/23 52.48
38104 06/12/2023 SMALL EQUIPMENT PARTS 213.19
Check 06/22/2023 8705 Accounts Payable ENVIRONMENTAL LOGISTICS, INC.
810.00
Invoice Date Description Amount
119562 06/16/2023 HAZARDOUS WASTE REMOVAL 06/16/23 810.00 Check 06/22/2023 8706 Accounts Payable FEDEX 35.60
Invoice Date Description Amount
8-143-17580 05/26/2023 PACKAGE DELIVERY - 5/18/23 17.80 8-150-30770 06/02/2023 PACKAGE DELIVERY - 5/23/23 17.80 Check 06/22/2023 8707 Accounts Payable FIDELITY SECURITY LIFE

INSURANCE/EYEMED
2,280.31
Invoice Date Description Amount
165797150 06/13/2023 EYE MED - JUNE PREMIUMS 2,280.31
Check 06/22/2023 8708 Accounts Payable FREMONT FORD 602.45 Invoice Date Description Amount
215308 06/14/2023 FLEET PARTS-COVER, PAD, CAP 236.27
215333 06/15/2023 FLEET PARTS - HEADLAMP, NAME PLATE 366.18 Check 06/22/2023 8709 Accounts Payable GACHINA LANDSCAPE MANAGEMENT, INC.
6,801.00
Invoice Date Description Amount
E 209555 06/08/2023 IMPROVEMENTS FOR SOFTBALL FIELDS 6,801.00 Check 06/22/2023 8710 Accounts Payable GRAINGER 256.65
Invoice Date Description Amount
9710867459 05/17/2023 PD SUPPLIES-GASKET 19.77
9712532069 05/18/2023 PD SUPPLIES-HOES ADAPTER 77.21
9654276634 03/27/2023 PD SHOWER CURTAINS 159.67
Check 06/22/2023 8711 Accounts Payable GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC.
13,080.91
Invoice Date Description Amount
11717 04/30/2023 REIMBURSABLES AND PROFESSIONAL SERVICES RENDERED THROUGH 4/30/23
13,080.91
Check 06/22/2023 8712 Accounts Payable HOME DEPOT CREDIT

SERVICES
13,010.96
Invoice Date Description Amount
JUN' 23 06/13/2023 HOME DEPOT CC PURCHASE 5/12/23-06/10/23 13,010.96 Check 06/22/2023 8713 Accounts Payable DEEPA IYER 355.08 Invoice Date Description Amount
EXPREIMB-05/23 05/26/2023 PAYMENT FOR HR DIRECTOR POSTING ON CALPERLA PORTAL 326.00 EXPREIMB-06/23 06/01/2023 MILEAGE REIMB TO ERC BAY AREA MEETING - 06/01/23 29.08 Check 06/22/2023 8714 Accounts Payable KNORR SYSTEMS

INTERNATIONAL
4,837.56
Invoice Date Description Amount
Packet Page 19
6/27/23, 4:10 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 3/5 201955 05/31/2023 POOL CHEMICALS 4,837.56
Check 06/22/2023 8715 Accounts Payable KARL KREUTZER 5,740.68 Invoice Date Description Amount
EXPEDUREIEMB2023 06/06/2023 EDUCATIONAL REIMBURSEMENT- REMAINING MONIES IN FUND TO

REIMBURSE
5,740.68
Check 06/22/2023 8716 Accounts Payable LANCE, SOLL & LUNGHARD LLP
19,805.00
Invoice Date Description Amount
57326 06/07/2023 AUDITING SERVICES - 2023 GOVERNMENT AUDIT 19,805.00 Check 06/22/2023 8717 Accounts Payable LANGUAGE LINE SERVICES 441.09 Invoice Date Description Amount
11014761 05/31/2023 INTERPRETATION SVCS MAY 2023 441.09 Check 06/22/2023 8718 Accounts Payable LEGACY ROOFING &

WATERPROOFING
2,340.00
Invoice Date Description Amount
6010062-WO 06/07/2023 ROOF REPAIR 6/7/23 1,815.00
6010031-WO 06/15/2023 EVIDENCE ROOM ROOF REPAIR 5/4/23 525.00 Check 06/22/2023 8719 Accounts Payable GOVERNMENT TECHNOLOGY

GROUP, LLC
22,499.00
Invoice Date Description Amount
134 05/30/2023 BROADBAND MASTER PLAN #2 22,499.00
Check 06/22/2023 8720 Accounts Payable LEXISNEXIS RISK DATA MANAGEMENT INC.
424.20
Invoice Date Description Amount
1415640-20230531 05/31/2023 BACKGROUND CHECKS MAY 2023 424.20 Check 06/22/2023 8721 Accounts Payable LEXISNEXIS RISK SOLUTIONS FL INC

50.00 Invoice Date Description Amount
1845802-20230531 05/31/2023 INVESTIGATIVE INFO RESEARCH - 5/31/23 50.00 Check 06/22/2023 8722 Accounts Payable MIKE YORKS INVESTIGATIONS 7,125.00 Invoice Date Description Amount
2023-11 05/31/2023 BACKGROUND INVESTIGATIONS 03/20-05/31/23 3,075.00 2023-15 05/31/2023 BACKGROUND INVESTIGATIONS 04/13-5/5/23 3,075.00 2023-24 06/09/2023 BACKGROUND INVESTIGATIONS 5/12-6/8/23 975.00 Check 06/22/2023 8723 Accounts Payable MNS ENGINEERS INC 24,304.42 Invoice Date Description Amount
83395 06/16/2023 PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES (05/01- 05/31/23)
395.90
83394 06/16/2023 PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES (05/01- 05/31/23)
23,908.52
Check 06/22/2023 8724 Accounts Payable NATIONAL CINEMEDIA LLC 2,973.75 Invoice Date Description Amount
INV-219300 05/30/2023 RECREATION SERVICES ONSCREEN ADVERTISING - 5/5/-5/11/23 2,973.75 Check 06/22/2023 8725 Accounts Payable OTHRAM, INC 8,325.00 Invoice Date Description Amount
9992B9C1-0001 05/31/2023 DNA SERVICES - 5/31/23 8,325.00 Check 06/22/2023 8726 Accounts Payable PACIFIC GAS & ELECTRIC 71,101.56 Invoice Date Description Amount
0870-060723 06/07/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 05/02-05/31/23 78.84 7578-061323 06/13/2023 CITYWIDE ELECTRICAL 05/04-06/04/23 71,022.72 Check 06/22/2023 8727 Accounts Payable PAKPOUR CONSULTING GROUP, INC.
6,349.88
Invoice Date Description Amount
4131 06/06/2023 ON-CALL CIVIL ENGINEERING PLAN REVIEW SERVICES 05/01- 05/31/23
6,349.88
Check 06/22/2023 8728 Accounts Payable PERFORMANCE PEST

MANAGEMENT
827.00
Invoice Date Description Amount
Packet Page 20
6/27/23, 4:10 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 4/5 68619 05/30/2023 PEST SERVICES - CITY HALL #102699 5/30/23 267.00 68779 05/23/2023 PEST SERVICES - PD #104419 5/23/23 175.00 68780 05/23/2023 PEST SERVICES - SERVICE CENTER #102702 5/23/23 205.00 68777 05/23/2023 PEST SERVICES - SILLIMAN #102710 5/23/23 180.00 Check 06/22/2023 8729 Accounts Payable R.L. BANKS & ASSOCIATES 23,285.00 Invoice Date Description Amount
5 06/14/2023 RAILROAD QUIET ZONE STUDY, PRJ 1276 - TASK ORDER NO. 1 - OCT '22
23,285.00
Check 06/22/2023 8730 Accounts Payable REDFLEX TRAFFIC SYSTEMS, INC.
17,400.00
Invoice Date Description Amount
INV0055172 05/31/2023 REDLIGHT CAMERA MONITORING MAY 2023 17,400.00 Check 06/22/2023 8731 Accounts Payable RIGHT-HAND CYBER

SECURITY, INC
9,985.00
Invoice Date Description Amount
INV-CON001 05/30/2023 RIGHT-HAND CYBER SECURITY MANAGED SERVICE 9,985.00 Check 06/22/2023 8732 Accounts Payable ROADSAFE TRAFFIC SYSTEMS, INC.
2,586.01
Invoice Date Description Amount
174653 05/23/2023 SAFETY GEAR 2,586.01
Check 06/22/2023 8733 Accounts Payable SMITH & SONS ELECTRIC, INC. 226.48 Invoice Date Description Amount
23024-1 04/04/2023 PD REPLACE GFCI 226.48
Check 06/22/2023 8734 Accounts Payable CENTERVILLE LOCKSMITH 44.91 Invoice Date Description Amount
333755 06/14/2023 SHIRLY SISK KEYS 44.91
Check 06/22/2023 8735 Accounts Payable THE ECOHERO SHOW LLC 7,500.00 Invoice Date Description Amount
2344 05/31/2023 RECYCLING AND WASTE REDUCTION OUTREACH TO SCHOOLS 05/01-05/25/23
6,000.00
2238 03/31/2023 RECYCLING AND WASTE REDUCTION OUTREACH TO SCHOOLS 03/01-03/28/23
1,500.00
Check 06/22/2023 8736 Accounts Payable THE GOODYEAR TIRE &

RUBBER COMPANY
409.42
Invoice Date Description Amount
184-1098926 06/01/2023 TIRES-SAM TRAKER - 6/1/23 409.42 Check 06/22/2023 8737 Accounts Payable TURBO DATA SYSTEMS, INC 744.00 Invoice Date Description Amount
40322 05/31/2023 E-CITATION HARDWARE AND TRAFFIC PROCESSING SERVICES MAY '23
744.00
Check 06/22/2023 8738 Accounts Payable VERIZON WIRELESS 3,930.55 Invoice Date Description Amount
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Packet Page 21
6/27/23, 4:10 PM myReports
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AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 59 $536,859.79 Checks: 58 $536,806.04
EFTs: 1 $53.75
Packet Page 22
6/27/23, 4:09 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 1/1 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 06/22/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
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Item D. 2.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of June 22, 2023, minutes
Attachments
Minutes
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City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Maria “Sucy” Collazo | Council Members: Luis L. Freitas, Mike Bucci, and Matthew Jorgens

Minutes
Thursday, June 22, 2023
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:00 p.m. Vice Mayor Collazo, Council Members Freitas, and Jorgens were present. Council Member Bucci was noted absent.

B. PRESENTATIONS

1. Introduction of employee
Mayor Hannon introduced Siobhan Henderson, Accounting Assistant I.

2. Alameda County Fire Department Presentation
Fire Chief McDonald gave the presentation (on file with City Clerk).

C. PUBLIC COMMENT
Milind Shyani stated that he and his wife recently moved to the city of Newark and noted the lack of trees on Newark Boulevard after Cedar Boulevard. He requested additional trees be planted.

Assistant City Manager Hovorka stated that at the last City Council meeting, the City Council approved a contract budget amendment with the intention to plant more trees around the City.

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City of Newark City Council Minutes June 22, 2023
D. CONSENT CALENDAR
Council Member Freitas requested the removal of D.9.

Mayor Hannon requested the removal of D.5 and D.8.

Council Member Jorgens moved, Vice Mayor Collazo seconded, to approve Consent Calendar Items D.1 through D.4, D.6 through D.7 and D.10 through D.19, that the resolutions and ordinances be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 4 AYES, 1 ABSENT.

1. Approval of Audited Demands

2. Approval of June 8, 2023 minutes

3. Adopt a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to fund a CivicSpark Fellow to assist with the development of an update to the City's Climate Action Plan Resolution No. 11513

4. Adopt a resolution related to Newark Police Department wellness program to approve agreements with Public Safety Family Counseling Group and Sigma Tactical Wellness, to authorize sole-source exemptions for Sigma Tactical Wellness and Mindbase LLC, and to approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 Resolution No. 11514

6. Adopt a resolution accepting a grant of up to $40,000 through the California Automated Permit Processing Program for implementation of an automated solar permitting program (SolarAPP+) and approving an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year Packet Page 26
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City of Newark City Council Minutes June 22, 2023
2024
Resolution No. 11515

7. Adopt a resolution authorizing the City Manager to execute a three-year cooperation agreement for fiscal years 2024-2026 with Alameda County for participation in the Alameda County Urban County for the Community Development Block Grant (CDBG) Program
Resolution No. 11516
Contract No. 23040

9. Approve the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bid No. 1 to VSS International, Inc. for FY 2022-2023 Rubberized Cape Seal and Slurry Seal Program, Project No. 1301 and amending the 2022-2024 Biennial Budget and Capital Improvement Plan; Exempt from CEQA review per CEQA Guidelines Section 153013
Removed from Consent Calendar for separate consideration.

10. Adopt a resolution approving the second amendment to the Contractual Services Agreement with Orion Security and amend the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 Resolution No. 11517
Contract No. 22041

11. Adopt a resolution authorizing the City Manager to enter into a Contractual Services Agreement with Cintas Corporation for uniform rental and laundry services
Resolution No. 11518
Contract No. 23041
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Page No. 4
City of Newark City Council Minutes June 22, 2023

12. Adopt a resolution authorizing the City Manager to execute the Fourth Amendment to the Contractual Services Agreement with 4Leaf Inc. to provide temporary professional planning services
Resolution No. 11519
Contract No. 21045

13. Adopt a resolution authorizing the City Manager to execute Contractual Services Agreements for on-call support services with 4Leaf, Inc., BPR Consulting Group, LLC., Bureau Veritas North America, Inc., CSG Consultants, Inc., and True North Compliance Services, Inc. for the Building Inspection Division and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
Resolution No. 11520
Contract No. 23042-23046

14. Adopt a resolution establishing the Fiscal Year 2024 Tax Appropriations Limit Resolution No. 11521

15. Adopt a resolution approving an amendment to the Contractual Services Agreement with Gachina Landscape Management, Inc. to increase the contractual not-to-exceed amount for additional landscape maintenance services and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
Resolution No. 11522
Contract No. 21011

16. Adopt a resolution authorizing the City Attorney to execute a Certification and Mutual Indemnification Agreement with the County of Alameda for Fiscal Year 2024
Resolution No. 11523
Contract No. 23047

17. Adopt a resolution approving the City's Investment Policy Resolution No. 11524

18. Adopt a resolution authorizing the continued investment of monies into the Local Agency Investment Fund (LAIF) and designating officers authorized to Packet Page 28
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City of Newark City Council Minutes June 22, 2023
sign on the account
Resolution No. 11525

19. Year-end Budget Review and approval of a resolution amending the 2022- 2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 Resolution No. 11526
Items removed from the Consent Calendar

5. Adopt a resolution to authorize the City Manager to submit a proposal on behalf of the City Council to the Board of State and Community Corrections for the Organized Retail Theft Prevention Grant Program
Resolution No. 11527
Mayor Hannon highlighted that this grant proposal was specific to catalytic convertors. He thanked Captain Macias and the Police Department for applying for the grant.

No one requested to speak.

Council Member Freitas moved, Council Member Jorgens seconded to adopt the resolution authorizing the City Manager to submit a proposal on behalf of the City Council to the State of California Board Of State And Community Corrections for the Organized Retail Theft Prevention Program. The motion passed, 4 AYES, 1 ABSENT.

8. Adopt a resolution authorizing the City Manager to execute a Contractual Equipment and Services Agreement with Owen Equipment for the purchase of a Vactor catch basin cleaner, authorization for outfitting by Classic Graphics and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
Resolution No. 11528
Contract No. 23048
Mayor Hannon stated this equipment was used to clean storm drains and the current equipment was over 20 years old. He thanked Maintenance staff for their efforts to acquire the new equipment.

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City of Newark City Council Minutes June 22, 2023
No one requested to speak.

Vice Mayor Collazo moved, Mayor Hannon seconded to adopt a resolution authorizing the City Manager to execute a contractual equipment and services agreement with Owen Equipment for the purchase of a vactor catch basin cleaner, authorization for outfitting by Classic Graphics, and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024. The motion passed, 4 AYES, 1 ABSENT.

9. Approve the plans and specifications and adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bid No. 1 to VSS International, Inc. for FY 2022-2023 Rubberized Cape Seal and Slurry Seal Program, Project No. 1301 and amending the 2022-2024 Biennial Budget and Capital Improvement Plan; Exempt from CEQA review per CEQA Guidelines Section 153013
Resolution No. 11529
Contract No. 23049
Council Member Freitas stated that a specific location on Cherry Street was swept on a daily basis resulting in the diminishment of the seal. He asked if that location would be addressed with this project.

Public Works Director Fajeau stated that he was aware of the problematic location and that it was a stormwater compliance issue. He stated that staff would monitor and could increase enforcement.

No one requested to speak.

Council Member Freitas moved, Council Member Jorgens seconded, to the accept the bid and by resolution award the contract for the base bid and additive alternate bid no. 1 to VSS International, Inc. for the FY 2022-2023 Rubberized Cape Seal and Slurry Seal Program, Project No. 1301 and amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan.

The motion passed, 4 AYES, 1 ABSENT.

E. PUBLIC HEARINGS
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City of Newark City Council Minutes June 22, 2023

1. Hearing (continued from June 8, 2023) to consider approval of DR2021-006, a Resolution approving Design Review and Vesting Tentative Map for an 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings located at 36952 Mulberry Street (APNs 92-29-21 and 92-29-22) Resolution No. 11530
Associate Planner Balatbat gave the staff report recommending approval.

Presentation on file with City Clerk.

Mayor Hannon opened the public hearing at 8:01 p.m.

No one requested to speak.

Mayor Hannon closed the public hearing at 8:01 p.m.

Council Member Freitas moved, Vice Mayor Collazo seconded to adopt the resolution approving DR2021-006, a Design Review and Vesting Tentative Map for an 8-unit for-sale condominium residential development comprised of (4) two-unit dwellings located at 36952 Mulberry Street (APNs 92-29-21 and 92-29-22). The motion passed, 4 AYES, 1 ABSENT.

F. OTHER BUSINESS

1. Adopt resolutions for approval of Annual Engineer's Reports, intention to levy and collect assessments and setting a public hearing for July 13, 2023, for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 for Fiscal Year 2024 in accordance with the provisions of the Landscaping and Lighting Act of 1972
Resolution No. 11531 Reports
Resolution No. 11532 Public Hearing
Vice Mayor Collazo announced that she would recuse from participating in this item due to real property interests in Landscaping and Lighting District Nos. 10 and 11.

City Manager Benoun announced that he would recuse from this item due to a real property interest in Landscaping and Lighting District No. 11.

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City of Newark City Council Minutes June 22, 2023
Vice Mayor Collazo and City Manager Benoun each exited the City Council Chambers.

Assistant City Manager Hovorka gave the staff report recommending approval.

No one requested to speak.

Council Member Jorgens moved, Council Member Freitas seconded to adopt the resolutions: 1) the Annual Engineer’s Reports for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19, for Fiscal Year 2024 in accordance with the provisions of the Landscaping and Lighting Act of 1972; and 2). Declaring intention to levy and collect assessments for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 And 19, for Fiscal Year 2024 and setting the annual public hearing date for July 13, 2023 in accordance with the provisions of the Landscaping And Lighting Act Of 1972. The motion passed, 3 AYES, 1 RECUSED,1 ABSENT.

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

2. Adopt a resolution for approval of the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2023-2024 Project List Resolution No. 11533
Vice Mayor Collazo announced that she would recuse from participating in this item due to real property and business interests.

Assistant City Manager Hovorka gave the staff report recommending approval.

No one requested to speak.

Council Member Freitas moved, Council Member Jorgens seconded to adopt the resolution Approving the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2023-2024 project list. The motion passed, 3 AYES, 1 RECUSED, 1 ABSENT.

Vice Mayor Collazo returned to the City Council Chambers.

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City of Newark City Council Minutes June 22, 2023

3. Waive full reading, conduct second reading by title only, and adopt an ordinance adding Chapter 8.44, "Sustainable Foodware", to the Newark Municipal Code
Ordinance No. 543
Vice Mayor Collazo announced that she would recuse from participating in this item due to economic conflict of interest related to a business.

Assistant City Manager Hovorka gave the staff report recommending approval.

No one requested to speak.

Council Member Jorgens moved, Council Member Freitas seconded to adopt the ordinance 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. The motion passed, 3 AYES, 1 RECUSED, 1 ABSENT.

Vice Mayor Collazo returned to the City Council Chambers.

4. Adopt a resolution approving a fund balance and reserve policy Resolution No. 11534
Finance Director Lee gave the staff report recommending approval.

Presentation on file with the City Clerk.

No one requested to speak.

Vice Mayor Collazo moved, Council Member Freitas seconded to adopt the resolution approving the Fund Balance and Reserve Policy. The motion passed, 4 AYES, 1 ABSENT.

5. Waive full reading and, by title only, introduce ordinances repealing and replacing Chapter 3.04, “Purchasing System” of Title 3 “Revenue and Finance” of the Newark Municipal Code in its entirety and adding Chapter

3.05, “Informal Bid Procedures” to Title 3 “Revenue and Finance” of the Newark Municipal Code; adopt a resolution electing to become subject to the Uniform Public Construction Cost Accounting Act; and adopt a resolution Packet Page 33
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City of Newark City Council Minutes June 22, 2023
establishing expenditure authority
Ordinances (2) Introduced
Resolution No. 11535 UPCCAA
Resolution No. 11536 Expenditure Authority
Finance Director Lee and City Attorney Kokotaylo gave the presentation recommending approval. Presentation on file with the City Clerk.

No one requested to speak.

Vice Mayor Collazo moved, Council Member Freitas seconded to introduce the ordinances: 1) repealing and replacing Chapter 3.04, “Purchasing System” of Title 3 “Revenue and Finance” of the Newark Municipal Code in its entirety and 2) 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; and adopted the resolutions: 1)Electing to become subject to the Uniform Public Construction Cost Accounting Act; and 2) establishing expenditure authority. The motion passed, 4 AYES, 1 ABSENT.

G. CITY COUNCIL MATTERS

6. .

Council Member Jorgens stated that he attended the Groovin at the Grove concert. It was well organized.

Council Member Freitas wished everyone a happy and safe Fourth of July Holiday.

Vice Mayor Collazo stated there will be a mix of cultures at the next Groovin at the Grove concert. She invited everyone to participate in Ice Coffee with a Cop on June 27. She thanked McDonalds for donating the coffee. She encouraged support of the local nonprofits selling the fireworks. Shop Newark.

Mayor Hannon stated that the Arbor Day Foundation named Newark as a 2022 Tree City USA ®. He congratulated his wife on their 45th wedding anniversary.

City Manager Benoun stated that staff is prepared for the Fourth of July and he Packet Page 34
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City of Newark City Council Minutes June 22, 2023
thanked staff for their work that night to keep the community safe. Happy Birthday to Information Technology Director Ed Miranda.

H. CLOSED SESSION

1. Closed Session pursuant to Government Code Section 54957, Public Employee Performance Evaluation, Title: City Manager

2. Closed session for conference with Labor Negotiator pursuant to California Government Code Section 54957.6. Agency Designated Representative: Mayor Hannon, Unrepresented employee: City Manager Benoun
At 8:51 p.m. the City Council recessed to a closed session.

At 9:00 p.m. the City Council convened in closed session.

At 9:32 p.m. the City Council reconvened in open session with all Council Members present, with the exception of Council Member Bucci.

I. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:32 p.m.

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Item D. 3.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt resolutions: (1) authorizing the deletion of one full-time equivalent Aquatic Activities Specialist and the addition of one full-time equivalent Aquatics Coordinator to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (2) amending Resolution No. 2505, Employee Classification Plan, to add the class specification of City Engineer; amending the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of City Engineer and assign salary range 20; authorizing the deletion of one full-time equivalent Assistant City Engineer and the addition of one full-time equivalent City Engineer to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approving an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; (3) authorizing the addition of one full-time equivalent Senior Street Maintenance Worker to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (4) amending the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Maintenance Supervisor and assign salary steps; authorizing the addition of one full-time equivalent Maintenance Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approving an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and (5) amending Resolution No. 2505, Employee Classification Plan, to add the class specification of Facilities Supervisor; amending the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Facilities Supervisor and assign salary steps; authorizing the addition of one full-time equivalent Facilities Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approving an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5
SUMMARY AND RECOMMENDATION
The Human Resources Department is nearing completion of a citywide classification and compensation study and have received various requests for reclassification or addition of staff. The City Manager and Assistant City Manager have reviewed those study results and requests that have been completed to date.

As a result of that review, at this time, staff recommends that the City Council, by resolutions: (1) authorize the deletion of one full-time equivalent Aquatic Activities Specialist and the addition of one full-time equivalent Aquatics Coordinator to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (2) amend Resolution No. 2505, Employee Classification Plan, to add the class specification of City Engineer; amend the Compensation and Benefit Plan for the Packet Page 36
Management, Supervisory, and Professional Employee Group to add the classification of City Engineer and assign salary range 20; authorize the deletion of one full-time equivalent Assistant City Engineer and the addition of one full-time equivalent City Engineer to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approve an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; (3) authorize the addition of one full-time equivalent Senior Street Maintenance Worker to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (4) amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Maintenance Supervisor and assign salary steps; authorize the addition of one full-time equivalent Maintenance Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approve an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and (5) amend Resolution No. 2505, Employee Classification Plan, to add the class specification of Facilities Supervisor; amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Facilities Supervisor and assign salary steps; authorize the addition of one full-time equivalent Facilities Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; and approve an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5

BACKGROUND
Over one year ago, the City hired a former City of Newark Human Resources Director to complete a citywide Classification and Compensation Study (Study). While the Study has not yet been fully completed, some results have been released. Classification study results were analyzed by Human Resources Department staff, discussed with the appropriate bargaining units, and reviewed by employees and supervisors at all levels. Compensation information, which included a maximum total compensation salary comparison to the ten cities in the City's labor market and an internal relationship analysis, was reviewed by Human Resources Department staff to determine if changes to current compensation levels are warranted. Compensation changes are considered when the City's maximum total compensation salary is below the labor market average.

While the Study was underway, departments shared their requests to augment current staffing levels. While many of those requests are still pending, a number of requests were identified as more urgent priorities due to customer demands, to address a significant backlog of work, and to enhance the extent of organizational oversight at various levels in the City. Addressing these priorities creates potential promotional opportunities to retain talented staff as well as recruit potential skilled employees that will assist with staff retention. This much needed relief will support the success of staff that is challenged by the significant workload.

DISCUSSION/ANALYSIS
AQUATICS COORDINATOR
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AQUATICS COORDINATOR
Before the COVID-19 pandemic, the City's Aquatics Program included two Aquatics Coordinators. As a cost savings measure during the pandemic, one Aquatics Coordinator became vacant and was eventually underfilled with a new classification, Aquatic Activities Specialist. This position was sufficient at the time, as participation in aquatics programming was low, and many programs were canceled due to the restrictions placed on pools during the pandemic. Less programming and lower participation allowed one Coordinator to complete the higher level duties of staffing and program coordination. Now that participation levels are growing and staffing has increased, programming can be expanded to meet customer demands. To accomplish this, staff recommends amending the budget to authorize an Aquatics Coordinator to complete and recognize the additional tasks and properly classify the position.

CITY ENGINEER
The current Assistant City Engineer (ACE) classification was reviewed as part of the citywide Classification and Compensation Study process. A labor market survey was conducted to compare the City's ACE job description to similar job descriptions. Every match found in our labor market was titled "City Engineer". After the matches were found, a compensation survey was conducted to compare the maximum total compensation salaries of the City's ACE and every labor market match.

The compensation survey results showed that the ACE position was below the market average. Based on the results of these studies, staff recommends that the current job description for ACE be retitled "City Engineer" and that the assigned salary range of 19 be increased to range 20.

SENIOR STREET MAINTENANCE WORKER, MAINTENANCE SUPERVISOR AND FACILITIES SUPERVISOR
Discussions between Human Resources and Public Works Departments' staffs began to identify gaps in staff capacity, other personnel resources, and ability to complete tasks. A review of the current and previous Maintenance Division organizational charts was conducted, which confirmed supervisory and management staff positions were reduced over the years gradually from five to two positions. While most City Departments have gradually added staff to return to pre-recession levels, the Maintenance Division has not.

Staff review has indicated that organizational efficiencies can be obtained with additional field supervision in the Streets Section and additional management can help ease a backlog of equipment purchases and completion of projects. To address these concerns, staff recommends reinstating the Senior Street Maintenance Worker and Maintenance Supervisor positions that once existed and creating a Facilities Supervisor position. Previous to the current structure, the Building Section was managed by a second Maintenance Supervisor. Rather than reinstate the second Maintenance Supervisor position, staff recommends creating a Facilities Supervisor classification to focus solely on maintaining, repairing, and coordinating projects for the City's buildings and other facilities.

FISCAL IMPACT
Aquatics Coordinator - there is no fiscal impact associated with this action. The cost of Packet Page 38
Aquatics Coordinator - there is no fiscal impact associated with this action. The cost of reclassifying the current Aquatic Activities Specialist to an Aquatics Coordinator is estimated at $41,000 per year. This amount is calculated based on the current maximum fully benefited salary. The Recreation & Community Services Department personnel budget has sufficient salary savings to cover this expense for Fiscal Year 2024.

City Engineer - there is no fiscal impact associated with this action, as the Assistant City Engineer's current salary falls within the recommended Range 20 assignment, and therefore does not require adjustment.

Senior Street Maintenance Worker - the maximum estimated cost of a fully benefited Senior Street Maintenance Worker for ten months of Fiscal Year 2024 is $135,000 Maintenance Supervisor and Facilities Maintenance Supervisor - the maximum estimated cost of each Supervisor position for ten months of Fiscal Year 2024 is $168,000 for a total of $336,000.

Unallocated general funds would be used to fund the additional $471,000 required for all three proposed Maintenance Division positions in Fiscal Year 2024. Future years' salaries would be proposed for City Council approval through the regular biennial budget process.

REVIEW AND APPROVAL
Prepared by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David Benoun, City Manager
Attachments
Resolution Senior Street Maintenance Worker
Resolution Maintenance Supervisor
Resolution Facilities Supervisor
Resolution City Engineer
Resolution - Aquatics Coordinator
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE ADDITION OF ONE FULLTIME EQUIVALENT SENIOR STREET MAINTENANCE WORKER TO THE 2022-2024 BIENNIAL BUDGET AND
CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2024
WHEREAS, the City has gradually replenished the staffing levels that were in place before the recession ending in June 2009 and augmented staff to meet customer demands; and WHEREAS, the staffing level of the Maintenance Division of the Public Works Department has not been replenished and remains understaffed; and WHEREAS, the City’s street maintenance needs exceed the capacity of the current staffing level, causing deferral of street maintenance and projects that are important to preserve City assets and are necessary for the operation of City business; and WHEREAS, the City seeks to avoid the interruption of City business due to unexpected downtime and costly emergency repairs; and
WHEREAS, the City determined the previously used Senior Street Maintenance Worker classification is the appropriate classification based on the essential duties and requirements of the position; and
WHEREAS, the Senior Street Maintenance Worker classification and salary steps are already appropriately included in the Memorandum of Understanding between the Newark Association of Miscellaneous Employees (NAME) and City of Newark; and WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to add one full-time equivalent Senior Street Maintenance Worker.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to add one full-time equivalent Senior Street Maintenance Worker, and to fund the positions as follows:

TO: 140.60.064.642.5110 Street Repairs $ 67,500
TO: 140.60.063.631.5110 Waste Management $ 67,500
FR: 140.3000 Unallocated Fund Balance $135,000
Packet Page 40
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE COMPENSATION AND BENEFIT

PLAN FOR THE MANAGEMENT, SUPERVISORY, AND

PROFESSIONAL EMPLOYEE GROUP TO ADD THE

CLASSIFICATION OF MAINTENANCE SUPERVISOR AND
ASSIGN SALARY STEPS; AUTHORIZING THE ADDITION OF

ONE FULL-TIME EQUIVALENT MAINTENANCE
SUPERVISOR TO THE 2022-2024 BIENNIAL BUDGET AND
CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2024;
AND APPROVING AN AMENDMENT TO THE CITY’S

SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the City has gradually replenished the staffing levels that were in place before the recession ending in June 2009 and augmented staff to meet customer demands; and WHEREAS, the staffing level of the Maintenance Division of the Public Works Department has not been replenished and remains understaffed; and WHEREAS, the City’s maintenance needs exceed the capacity of the current staffing level, causing deferral of fleet and street maintenance and projects that are important to preserve City assets and are necessary for the operation of City business; and WHEREAS, the City seeks to avoid the interruption of City business due to unexpected downtime and costly emergency repairs; and
WHEREAS, the City determined the previously used Maintenance Supervisor classification is the appropriate classification based on the essential duties and requirements of the position; and
WHEREAS, appropriately assigned to the Management, Supervisory and Professional Employee Group and notified all employee bargaining groups of the assignment; and WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to add one full-time equivalent Maintenance Supervisor; and WHEREAS, the City used standard practices to determine the fully benefitted costs of a Maintenance Supervisor.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Packet Page 41
Group be amended to add the classification of Maintenance Supervisor with salary steps of Step 1 - $9,838.24; Step 2 - $10,330.15; Step 3 - $10,846.66; Step 4 - $11,388.99; Step 5 - $11,958.44 per month, effective August 1, 2023.

BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to add one full-time equivalent Maintenance Supervisor, and to fund the position as follows:

TO: 703.87.703.671.5110 Equipment Maintenance $84,000
FR: 703.3000 Unallocated Fund Balance $84,000
TO: 140.60.064.642.5110 Street Repairs $42,000
TO: 140.60.063.631.5110 Waste Management $42,000
FR: 140.3000 Unallocated Fund Balance $84,000
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the classification of Maintenance Supervisor with salary steps of Step 1 - $9,838.24; Step 2 - $10,330.15; Step 3 - $10,846.66; Step 4 - $11,388.99; Step 5 - $11,958.44 per month.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING RESOLUTION NO. 2505, EMPLOYEE

CLASSIFICATION PLAN, TO ADD THE CLASS
SPECIFICATION OF FACILITIES SUPERVISOR; AMENDING

THE COMPENSATION AND BENEFIT PLAN FOR THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL

EMPLOYEE GROUP TO ADD THE CLASSIFICATION OF
FACILITIES SUPERVISOR AND ASSIGN SALARY STEPS;

AUTHORIZING THE ADDITION OF ONE FULL-TIME
EQUIVALENT FACILITIES SUPERVISOR TO THE 2022-2024

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN
FOR FISCAL YEAR 2024; AND APPROVING AN
AMENDMENT TO THE CITY’S SALARY SCHEDULE IN

CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City has gradually replenished the staffing levels that were in place before the recession ending in June 2009 and augmented staff to meet customer demands; and WHEREAS, the staffing level of the Maintenance Division of the Public Works Department has not been replenished and remains understaffed; and WHEREAS, the City’s maintenance needs exceed the capacity of the current staffing level, causing deferral of building maintenance and projects that are important to preserve City facilities the public enjoys and are necessary for the operation of City business; and WHEREAS, the City seeks to avoid the interruption of City business due to unexpected downtime and costly emergency repairs; and
WHEREAS, the City determined the Facilities Supervisor classification is the appropriate classification based on the essential duties and requirements of the position; and WHEREAS, the City determined the Facilities Supervisor classification is appropriately assigned to the Management, Supervisory and Professional Employee Group and notified all employee bargaining groups of the assignment; and
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to add one full-time equivalent Facilities Supervisor; and WHEREAS, the City used standard practices to determine the fully benefitted costs of a Facilities Supervisor.

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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that Resolution No. 2505 is hereby amended to add the class specification of Facilities Supervisor.

BE IT FURTHER RESOLVED by the City Council that the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group be amended to add the classification of Facilities Supervisor with salary steps of Step 1 - $9,838.24; Step 2 - $10,330.15; Step 3 - $10,846.66; Step 4 - $11,388.99; Step 5 - $11,958.44 per month, effective August 1, 2023.

BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to add one full-time equivalent Facilities Supervisor, and to fund the position as follows:

TO: 704.87.704.672.5110 Civic Center/City Bldgs. $134,400 TO: 704.87.704.673.5110 Silliman Center $ 33,600
FR: 704.3000 Unallocated Fund Balance $168,000
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the classification of Facilities Supervisor with salary steps of Step 1 - $9,838.24; Step 2 - $10,330.15; Step 3 - $10,846.66; Step 4 - $11,388.99; Step 5 - $11,958.44 per month.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING RESOLUTION NO. 2505, EMPLOYEE

CLASSIFICATION PLAN, TO ADD THE CLASS
SPECIFICATION OF CITY ENGINEER; AMENDING THE

COMPENSATION AND BENEFIT PLAN FOR THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL

EMPLOYEE GROUP TO ADD THE CLASSIFICATION OF
CITY ENGINEER AND ASSIGN SALARY RANGE 20;

AUTHORIZING THE DELETION OF ONE FULL-TIME

EQUIVALENT ASSISTANT CITY ENGINEER AND THE

ADDITION OF ONE FULL-TIME EQUIVALENT CITY
ENGINEER TO THE 2022-2024 BIENNIAL BUDGET AND
CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2024;
AND APPROVING AN AMENDMENT TO THE CITY’S

SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the City conducted a classification and compensation study that included the Assistant City Engineer classification; and
WHEREAS, the study showed that the job duties of the City’s Assistant City Engineer classification were aligned with the classification of City Engineer in the labor market; and WHEREAS, the City strives to maintain a competitive labor market position and accurately classify its employees; and
WHEREAS, the Assistant City Engineer classification is included in the Management, Supervisory and Professional Employee Group; and
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to delete one full-time equivalent Assistant City Engineer and add one full-time equivalent City Engineer; and
WHEREAS, changing the title of the classification from Assistant City Engineer to City Engineer does not impact salary of the incumbent.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that Resolution No. 2505, employee classification plan, is amended to add the class specification of City Engineer.

BE IT FURTHER RESOLVED by the City Council
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that the Compensation and Benefit
Plan for the Management, Supervisory, and Professional Employee Group be amended to add the classification of City Engineer and assign Salary Range 20, effective August 1, 2023.

BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to remove one full-time equivalent Assistant City Engineer and add one full-time equivalent City Engineer.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the classification of City Engineer with a salary range of $15,321.88 - $18,386.25 per month.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE DELETION OF ONE FULLTIME EQUIVALENT AQUATIC ACTIVITIES SPECIALIST

AND THE ADDITION OF ONE FULL-TIME EQUIVALENT
AQUATICS COORDINATOR TO THE 2022-2024 BIENNIAL

BUDGET AND CAPITAL IMPROVEMENT PLAN FOR
FISCAL YEAR 2024
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan was adopted by the City Council on June 23, 2022; and
WHEREAS, the City underfilled the position of Aquatics Coordinator with an Aquatic Activities Specialist as a cost-savings measure and in response to lower Aquatics program participation during the COVID-19 pandemic; and WHEREAS, the Recreation & Community Services Department is now experiencing higher participation levels and an increased need of higher-level coordinator support; and WHEREAS, the City reviewed the Aquatics Coordinator class specification and determined it accurately depicts the job duties needed; and WHEREAS, the Aquatic Activities Specialist and Aquatics Coordinator are represented by the Newark Association of Miscellaneous Employees (NAME); and WHEREAS, the City Manager or designee has met and conferred in good faith with the representatives of NAME related to the above matters; and WHEREAS, the City seeks to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to delete one full-time equivalent Aquatic Activities Specialist and add one full-time equivalent Aquatics Coordinator; and
WHEREAS, the City used standard practices to determine the fully benefitted costs of an Aquatics Coordinator and determined the net cost of the Aquatics Coordinator is within the department’s Fiscal Year 2024 personnel budget.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to remove one full-time equivalent Aquatic Activities Specialist and add one full-time equivalent Aquatics Coordinator.

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Item D. 4.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with LPC Services, Inc. for pest control services for City facilities SUMMARY AND RECOMMENDATION
The City of Newark regularly utilizes outside firms to provide pest control services for various City facilities. The Maintenance Division of the Public Works Department prepared and released a Request for Proposals (RFP) for ongoing pest control services through Fiscal Year (FY) 2026, with options for two additional annual renewals. One response to the RFP was received, which was from LPC Services, Inc., and staff recommends the selection of this firm to provide these services.

Staff recommends that the City Council authorize the City Manager to execute a Contractual Services Agreement with LPC Services, Inc. for pest control services for City facilities beginning FY 2024.

BACKGROUND
The 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 includes funding for ongoing pest control services for various City facilities including the Newark Civic Center, the Newark Community Center (including the Annex building), the Newark Senior Center, the Newark Service Center, the Silliman Activity and Family Aquatic Center, the Ash Street Park buildings, and all three fire stations. The presence of pests can pose significant health risks and cause damage to property. Pest control service providers have the expertise, experience, and resources to effectively manage and eradicate pests while adhering to industry best practices and safety standards.

Effective pest control measures are necessary to mitigate the risks associated with pests and ensure the well-being and safety of employees, residents, and visitors to City facilities. Pest control service providers have access to specialized equipment, tools, and resources that may not be readily available and can handle pest control tasks using advanced technologies and environmentally-friendly treatments. Pest control service providers can tailor customized integrated management plans to the specific needs of our various facilities and focus on immediate pest elimination, preventative measures, long-term monitoring, and sustainable practices.

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DISCUSSION/ANALYSIS
The City of Newark regularly utilizes outside firms to provide pest control services to City facilities and a new contract for these services is needed beginning FY 2024. The Maintenance Division of the Public Works Department prepared and released a competitive Request for Proposals (RFP) in accordance with the City's Purchasing Rules and Regulations. The RFP specified that selection would be made based upon the proposed cost for services, experience of staff and pest control technicians, proposed methodology, quality control program, proficiency with billing practices, financial stability of company, quality and completeness of proposals, and other factors.

Staff received just one bid proposal for pest control services for City facilities from LPC Services, Inc. for $46,000 annually, as specified. LPC Services, Inc. provided a comprehensive proposal and has successfully provided pest control services for the City of Newark for the past ten years. Based on staff's analysis, LPC Services, Inc. would provide the best overall value to the City for pest control services. Staff is therefore recommending the selection of LPC Services, Inc. to provide pest control services for City facilities for Fiscal Years 2024, 2025 and 2026.

The Contractual Services Agreement would begin July 1, 2023, and expire on June 30, 2026, with options for renewal for up to two (2) additional one (1) year terms upon mutual consent of the City and LPC Services, Inc. as authorized by the City Manager, subject to available funding levels to be approved by the City Council. Under the terms of the agreement, LPC Services, Inc. would provide the requested services in the amount not to exceed $138,000 total for Fiscal Years 2024, 2025, and 2026. Should the City and LPC Services, Inc. agree to an extension of the agreement, the not-to-exceed amounts for Fiscal Years 2027 and 2028 would be $51,000 and $56,000, respectively, for a total not-to-exceed amount of $245,000.

FISCAL IMPACT
There is no fiscal impact associated with this action, as the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 includes sufficient funding for pest control services for City facilities. Future years' funding would be included in future Biennial Budget and Capital Improvement Plans when presented to City Council for consideration and approval.

REVIEW AND APPROVAL
Prepared by - Tonya Connolly, Maintenance Superintendent Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
CSA Pest Control Services
LPC Resolution
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Packet Page 50

CONTRACTUAL SERVICES AGREEMENT
LPC SERVICES, INC. (PEST CONTROL)
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of , 2023 by and between the CITY OF NEWARK, a municipal corporation (“City”), and LPC SERVICES, INC., a CALIFORNIA CORPORATION (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform the services generally including: Pest control at city facilities including Civic Center, Community Center, Community Center Annex, Redeker Senior Center, Service Center, Ash Street facilities, Silliman, and fire stations.

WHEREAS, in response to City’s request, Consultant submitted a proposal and, after negotiations, Consultant agreed to perform the Services more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

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

NOW, THEREFORE, the Parties hereto agree as follows:

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

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

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

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3. COMPENSATION.

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

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of One Hundred Thirty-Eight Thousand and No/100 Dollars ($138,000.00) combined for Fiscal Years 2024, 2025 and 2026 unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount. Pursuant to Section 18 of this Agreement, Services may be renewable by Task Order for up to two additional one-year periods.

In this event, the total of compensation and costs payable hereunder shall not exceed an additional Fifty-One Thousand and No/100 Dollars ($51,000.00) for Fiscal Year 2027 and an additional Fifty-Six Thousand and No/100 Dollars ($56,000.00) for Fiscal Year 2028, for a combined total of compensation and costs payable for Fiscal Years 2024 through 2028 of Two Hundred FourtyFive Thousand and No/100 Dollars (245,000.00).

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

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

Invoices shall be sent to:

City of Newark
Attn: Service Center
37440 Filbert Street
Newark, CA 94560
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.

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

D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Packet Page 52
Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).

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

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

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

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

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

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

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

8. INFORMATION AND DOCUMENTATION.

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

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

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

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

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

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

Consultant shall perform Services using a standard of care equal to, or greater than, the degree of Packet Page 54
skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

12. RESERVED.

13. RESERVED

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

A. Verification of Coverage.

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

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

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

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

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

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and
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3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

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

Consultant shall maintain limits no less than:

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

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

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

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

D. Deductibles and Self-Insured Retentions.

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

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E. Claims Made Policies.

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

F. Wasting Policies.

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

G. Remedies.

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

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

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

3. Terminate this Agreement.

H. Acceptability of Insurers.

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

I. Other Insurance Provisions.

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

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

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

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

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

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

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

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

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

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

15. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 19, herein below) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and Packet Page 58
address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

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

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

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

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

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

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

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

Consultant/Subconsultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are Packet Page 59
undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

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

18. TERM/TERMINATION.

A. The initial term of this contract shall be July 1, 2023 to June 30, 2026. If both the City and Consultant agree, this contract is renewable by Task Order for up to two (2) one (1) year periods, as authorized by the Public Works Director subject to available funding to be approved in advance by the City Council.

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

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

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

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

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

LPC SERVICES, INC. CITY OF NEWARK

KATIE WATKINS TONYA CONNOLLY
Consultant Administrator
Address: LPC Services, Inc.

Attn: Katie Watkins
3958 Valley Avenue, Suite D
Pleasanton, CA 94566
City of Newark
Attn: Tonya Connolly
37101 Newark Boulevard
Newark, CA 94560
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21. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

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

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

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

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

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

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

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

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

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

31. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or Packet Page 61
formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

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

CITY OF NEWARK, LPC SERVICES, INC.
a municipal corporation a California Corporation
By By
David J. Benoun, City Manager Katie Watkins, Vice President Date Date
Attest:

Sheila Harrington, City Clerk
Date
Approved as to form:

Kristopher J. Kokotaylo, City Attorney
Date
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EXHIBIT A

SCOPE OF SERVICES
Pest Control Services
Per Month Per Year
Community Center $ 95 $ 1,140
FS1 - rodent $ 110 $ 1,320
FS1 - spray $ 165 $ 1,980
FS2 - rodent $ 95 $ 1,140
FS2 - spray $ 125 $ 1,500
FS3 - rodent $ 95 $ 1,140
FS3 - spray $ 145 $ 1,740
Service Center - spray $ 185 $ 2,220
Silliman - spray $ 550 $ 6,600
Silliman - rodent $ 470 $ 5,640
VB/Rec Ctr - spray $ 125 $ 1,500
VB/Rec Ctr - rodent $ 135 $ 1,620
Civic Center - rodent $ 534 $ 6,408
City Hall $ 175 $ 2,100
Polic Station $ 175 $ 2,100
Library $ 175 $ 2,100
Sub-Total $ 3,354 $ 40,248
Spraying (inside) - 3x's per year
Occurance Per Year
Senior Center $ 325 $ 975
Service Center $ 225 $ 675
Silliman $ 425 $ 1,275
VB/Rec Ctr $ 185 $ 555
City Hall $ 195 $ 585
Police Station $ 195 $ 585
Library $ 195 $ 585
Sub-Total $ 1,745 $ 5,235
Grand Total $ 5,099 $ 45,483
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EXHIBIT B

PAYMENT
Contractor will submit weekly lists and a monthly invoice to the City no later than twenty-one days following each month end. Contractors invoice will indicate the quantity of product or item delivered at each location. The City will remit payment for services rendered no later than thirty (30) days from the date the invoice was received by the City. This will be the only form of payment.

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EXHIBIT C

QUALIFICATIONS
LPC Services, Inc. is fully licensed and certified in Structural Pest Control by the California Structural Pest Control Board. LPC Services, Inc. has been providing commercial pest control services for the City of Newark for the past ten years.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT
WITH LPC SERVICES, INC. IN AN AMOUNT NOT TO
EXCEED $138,000 TOTAL FOR AN INITIAL TERM OF
THREE (3) YEARS WITH AN OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS FOR AN
INCREASED TOTAL AMOUNT NOT TO EXCEED $245,000
WHEREAS, the City prepared and released Requests for Proposals (RFP) for pest control services for City facilities; and
WHEREAS, the City received one response to the RFP from LPC Services, Inc. that was evaluated by staff based on the proposed cost for services, experience of staff and pest control technicians, proposed methodology, quality control program, proficiency with billing practices, financial stability of company, quality and completeness of proposals, and other factors; and WHEREAS, based on the evaluation, staff determined that LPC Services, Inc. was the most qualified firm to provide pest control services for City facilities.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute a Contractual Services Agreement with LPC Services, Inc. in a form approved by the City Attorney in an amount not to exceed $138,000 for pest control services for an initial term of three (3) years through Fiscal Year 2026.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to renew the aforementioned Contractual Services Agreement for up to two (2) additional one (1) year terms upon mutual consent of the City and LPC Services, Inc. under the terms of the agreement, with additional amounts not to exceed $51,000 and $56,000 each, respectively, for Fiscal Years 2027 and 2028, for a revised total amount not to exceed $245,000.

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Item D. 5.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Neal Hornbeck, Assistant Maintenance Superintendent SUBJECT Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with Applied Landscape Materials, Inc., to install engineered wood fiber material to all City-owned playgrounds
SUMMARY AND RECOMMENDATION
The City of Newark regularly utilizes outside vendors for the installation of impact attenuation material at all City-owned playground facilities. An engineered wood fiber product is the material of choice for all playground fall zones and subsequent surrounding playground surfaces. To meet the required level of material needed to provide adequate fall protection from any of the City of Newark playground structures, periodic replenishment of this material is needed. A competitive bid was released on May 4, 2023. Based on staff's analysis of the four bid responses received, Applied Landscape Materials, Inc., was determined to be the responsible bidder representing the lowest total bid rate per unit cost per cubic yard.

Staff recommends that the City Council, by resolution, authorize the City Manager to execute a Contractual Services Agreement (CSA) with Applied Landscape Materials, Inc., in an amount not-to-exceed $50,000 per fiscal year, for the installation of engineered wood fiber material to any or all City-owned playground facilities, for an initial term of two (2) years, with an option to extend for three (3) additional one (1) year periods. The total recommended contractual not-to-exceed amount is $250,000.

BACKGROUND
The Maintenance Division of the Public Works Department is tasked with maintaining the impact attenuation material at all City-owned playground facilities. There are eleven (11) individual playground facilities within nine (9) City parks that utilize an engineered wood fiber product as an impact attenuation material. Citywide, it is estimated that approximately 1,200 cubic yards of playground surface material is currently needed to maintain safe and usable playground facilities. The estimated 1,200 cubic yards of engineered wood fiber is meant to replenish, not replace, the existing levels of playground surface material throughout all City-owned and maintained playground facilities.

DISCUSSION/ANALYSIS
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DISCUSSION/ANALYSIS
Over the years, the City has previously utilized outside vendors for the installation of engineered wood fiber material. The Maintenance Division released a bid document in accordance with the City's Purchasing Rules and Regulations for the Supply and Installation of Engineered Wood Fiber Product to City-Owned Playground Surfaces.

The Bid Document specified award would be made to the responsible bidder representing the lowest total bid rate per unit cost per cubic yard. Unit cost per cubic yard is defined as including all costs associated with the purchase, transportation, and installation of said engineered wood fiber to any or all playgrounds owned by the City of Newark. In response to the bid document, Maintenance Division staff received a total of four responses on or before May 4, 2023, from the following vendors with the proposed cost for installation (per cubic yard):

Applied Landscape Materials, Inc., $33.75 per cubic yard.

JetMulch, Inc., $34.90 per cubic yard.

Filice Enterprises, Inc., $56.70 per cubic yard.

Gachina Landscape Management, $175.00 per cubic yard.

Responses from each of the vendors were evaluated based on the award criteria listed in the bid document. Applied Landscape Materials, Inc., satisfied the stated award criteria and has been deemed the responsible bidder representing the lowest total bid rate per unit cost per cubic yard. Staff is therefore recommending award to Applied Landscape Materials, Inc. to provide installation services of engineered wood fiber material for an initial term of two (2) years, with the option to extend for three (3) additional one (1) year periods.

FISCAL IMPACT
There will be no fiscal impact on the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 as sufficient funding is budgeted for this work. Future years will be appropriated as part of the regular budget process.

REVIEW AND APPROVAL
Prepared by - Neal Hornbeck, Assistant Maintenance Superintendent Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution Applied Landscape Materials Inc.

Contractual Services Agreement
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(062217 jir1)
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND ENTER INTO A CONTRACTUAL

SERVICES AGREEMENT WITH APPLIED LANDSCAPE
MATERIALS, INC. IN AN AMOUNT NOT TO EXCEED
$100,000 FOR AN INITIAL TERM OF TWO (2) YEARS, WITH
AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE
(1) YEAR PERIODS FOR AN INCREASED TOTAL AMOUNT
NOT TO EXCEED $250,000
WHEREAS, the Public Works Department issued a bid request for the supply and installation of engineered wood fiber product to all playground facilities; and WHEREAS, a total of four bids were received and evaluated by staff on the proposed unit cost per cubic yard of material installed; and
WHEREAS, based on staff’s evaluation, Applied Landscape Materials, Inc. was determined to be the firm who will provide the best overall service to the City.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to negotiate and enter into a Contractual Services Agreement, in a form approved by the City Attorney, with Applied Landscape Materials, Inc. in an amount not to exceed $100,000 for an initial term of two (2) years through Fiscal Year 2025.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to renew the aforementioned Contractual Services Agreement for up to three (3) additional one (1) year terms upon mutual consent of the City of Newark and Applied Landscape Materials, Inc. subject to prior funding approval by the City Council, with additional amounts not to exceed $50,000 each fiscal year for Fiscal Years 2026, 2027 and 2028, for a potential total amount not to exceed $250,000.

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CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of , 2023 by and between the CITY OF NEWARK, a municipal corporation (“City”), and APPLIED LANDSCAPE MATERIALS, INC., a CALIFORNIA CORPORATION (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform the services generally including: The installation of engineered wood fiber product to any or all playground facilities.

WHEREAS, Consultant has agreed to perform similar services for City during the period between July 13, 2023 and June 30, 2028 pursuant to the award of consecutive service agreements.

NOW, THEREFORE, the Parties hereto agree as follows:

Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a Packet Page 70
manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.

3. COMPENSATION.

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

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of One Hundred Thousand and No/100 Dollars ($100,000.00) combined for Fiscal Years 2024 and 2025, unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount. Pursuant to Section 18 of this Agreement, Services may be renewable by for up to three additional one-year periods. In this event, the total of compensation and costs payable hereunder shall not exceed an additional Fifty Thousand and No/100 Dollars ($50,000.00) per each fiscal year for Fiscal Years 2026, 2027 and 2028, for a combined total of compensation costs payable for Fiscal Years 2024 through 2028 of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00).

Invoices shall be sent to:

City of Newark
Attn: Finance Department
37101 Newark Blvd.

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

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

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

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

8. INFORMATION AND DOCUMENTATION.

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

12. PUBLIC WORKS REQUIREMENTS. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit D.

13. PUBLIC WORKS CONTRACTOR REGISTRATION. Consultant agrees, in accordance with Section 1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5.

It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

A. Verification of Coverage.

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

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

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

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

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

Consultant shall maintain limits no less than:

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

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

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

D. Deductibles and Self-Insured Retentions.

E. Claims Made Policies.

F. Wasting Policies.

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

G. Remedies.

In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which Packet Page 76
are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

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

3. Terminate this Agreement.

H. Acceptability of Insurers.

I. Other Insurance Provisions.

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

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

5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City Risk Manager for approval and shall not Packet Page 77
reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

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

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

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

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

18. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by Consultant. As allowed by the terms of this agreement, The City is requesting a minimum term of approximately two years, renewable for three (3) additional one (1) year periods, upon mutual consent of the City and Consultant. Approximately 60 days prior to the end of each agreement period, a meeting may Packet Page 79
be held between the consultant(s) and City of Newark staff to conduct a performance review, revise the scope and/or language of the agreement, and submit the consultants’ most current rate schedules. Extensions to the term of the agreement, as allowed, will be subject to review and approval of the Public Works Director, City Manager, and/or City Council.

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

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

Applied Landscape Materials, Inc. CITY OF NEWARK
Consultant Administrator
Address: Applied Landscape Materials, Inc.
4500 Pacific St., Ste O
Rocklin, CA 95677
City of Newark
Attn: Soren Fajeau
37101 Newark Boulevard
Newark, CA 94560

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

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

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

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

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

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

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

CITY OF NEWARK, APPLIED LANDSCAPE MATERIALS
a municipal corporation a California corporation
By By
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City of Newark Consultant
Date Date
Printed Name
Attest:

City Clerk
Date
Approved as to form:

City Attorney
Date
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EXHIBIT A

SCOPE OF SERVICES

SCOPE OF SERVICES
➢ Supply and installation of an approved Engineered Wood Fiber (EWF) product designed to perform as an impact-attenuating material, specifically for playground Fall Zones. This material must be tested and approved to ANSI standards for the maximum fall height of each individual playground apparatus in each location it is applied. All work to be completed at each location and surrounding area is to be cleaned prior to leaving the site. ➢ Estimated annual usage for the EWF product is 400-600 cubic yards. Actual quantities to be provided during the term of this contract may differ from these estimates; the City reserves the right to increase or decrease the estimated quantities during the term of the contract.

The above list is not intended to be exclusive; other services may be sought as the need arises.

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EXHIBIT B

PAYMENT
Unit price per cubic yard, installed, is $33.75 as proposed in the Rate Schedule provided by Applied Landscape Materials, Inc.

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EXHIBIT C

QUALIFICATIONS
Applied Landscape Materials, Inc, has been providing blow-in mulch services to private and public entities since 2006. Their municipal client list includes: Cities of San Jose, Union City, Roseville, Richmond, Rocklin, Healdsburg, Petaluma, Elk Grove, plus many more. They also provide playground surface material to Elk Grove Unified School District, Rocklin Unified School District, Napa Unified School District, plus many more.

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EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than oneand-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage Packet Page 86
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

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The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

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Item D. 6.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Adopt a resolution authorizing the City Manager to execute an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant Program and authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024.

SUMMARY AND RECOMMENDATION
The City of Newark participates in the Community Development Block Grant (CDBG) program as a member of the Alameda County Urban County. For Fiscal Year 2024, the City has received a CDBG allocation in the amount of $322,906.16. A portion of those funds, $51,884, are allocated to the Alameda County minor home repairs program, and $7,800 to CDBG General Administration costs. The remainder of the balance, $263,322.16, is recommended for jurisdictional improvements. The use of Jurisdictional Improvement funds was approved by City Council on April 27, 2023 to be used on a variety of parks projects, including repairing pathways, repairing sidewalks, installing new curb ramps, and upgrading existing curb ramps in Birch Grove and Mayhews Landing Park. The Community Development Advisory Committee (CDAC) met on April 5, 2023 and voted unanimously to recommend funding for these improvements.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant Program and authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan to increase the Federal Grants and Awards revenue account by $271,022.16 for FY 2024.

BACKGROUND
The City of Newark receives CDBG funds through its participation in the Alameda County Urban County. These are federal funds provided through the United States Department of Housing and Urban Development (HUD) to jurisdictions with a population of 50,000 or less. In order to qualify for funds, Newark and the cities of Albany, Dublin, Emeryville and Piedmont, along with the unincorporated areas of Alameda County have formed an entity (the Urban County) that together, constitutes a population size large enough to qualify for funds. The Urban County receives an amount of money each year that is determined by Congress’s allocation to the CDBG program and a federal formula for dividing the overall funding between qualifying communities. The total funds received by the Urban County are then allocated between Packet Page 89
member jurisdictions using a formula that considers overall population, poverty levels, and similar factors. CDBG funds are distributed among various categories of uses:

Jurisdiction Improvements, General Administration, and Minor Home Repairs.

Jurisdiction Improvements - HUD requires that the funds be used for projects that primarily benefit low and moderate-income households, senior citizens, or disabled citizens. The City must provide proof of this both when applying for and after completing a project. In the past, the city has preferred to use CDBG funds for capital improvement projects because capital Improvement projects provide infrastructure with long-term benefits to residents and Newark receives a relatively small amount of CDBG funds. Spending these funds on capital projects helps to maximize their benefit.

General Administration – As the name suggests, the funds are used for necessary administrative expenses.

Minor Home Repairs – This program funds minor home repairs such as minor plumbing, carpentry, and electrical repairs and can be used for railings, grab bars, toilets, water heaters, doors, and locks. The Alameda County Healthy Homes Department administers this program and assists low-income homeowners with grants and contractors.

DISCUSSION/ANALYSIS
Based on the City’s anticipated total CDBG allocation and the maximum percentages allowed per activity, the City’s allotment of CDBG funds for Fiscal Year 2024 in these three categories are as follows: General Administration ($7,800), Minor Home Repairs ($51,884) and Jurisdiction Improvement Projects ($263,222.16). The City received $112,864.16 more than anticipated for this fiscal year. To meet the deadlines for approval by the U.S. Department of Housing and Urban Development (HUD), the City Council must accept a recommendation from the Community Development Advisory Committee (CDAC) to allocate the anticipated Jurisdiction Improvement Funds. The CDAC met on April 5, 2023 to review the status of CDBG projects and to determine the recommended allocation of Jurisdiction Improvement funds for Fiscal Year 2024. The CDAC voted 7-0 (with two members absent) to recommend that the City Council allocate the Jurisdiction Improvement Project funds to the Citywide ADA Compliance Improvements. The scope of work could include ADA parking accessibility, pathway and sidewalk repairs, curb ramp installations and upgrades, and other exterior surface improvements. These improvements would provide accessibility benefits for the entire community. Specifically, the city will be looking to spend the FY2023/2024 funds on repairing pathways, repairing sidewalks, installing new curb ramps, and upgrading existing curb ramps in Birch Grove Park and Mayhews Landing Park. The Jurisdiction Improvement Project would address ADA compliance needs at City-owned parks, facilities, and parking lots as identified in the City’s Disabled Access Transition Plan.

These improvements would provide accessibility benefits for the entire community. City Council accepted the recommendations of the CDAC on April 27, 2023. If the grant is accepted by the City, then it is expected that the Alameda County Board of Supervisors will authorize approval of the CDBG FY23 Agreement in August of this year.

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FISCAL IMPACT
Staff recommends that the City Council authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for 2023-2024 to increase the Federal Grants and Awards account by $271,022.16. This is the result of the grant allocation of $322,906.16 after the deduction of $51,884.00, which would remain with Alameda County to administer the Minor Home Repair program.

REVIEW AND APPROVAL
Prepared by - Art Interiano, Deputy Community Development Director Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
770 Resolution CDBG Grant Award
CDBG Annual Grant Agmt FY23
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH ALAMEDA COUNTY

FOR PARTICIPATION IN THE ALAMEDA COUNTY URBAN

COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FOR FISCAL YEAR 2023-2024
WHEREAS, the City of Newark is eligible for an entitlement of Community Development Block Grant funds (CDBG) based on its participation in the Alameda County Urban County; and
WHEREAS, the County has allocated $322,906.16 in CDBG funds to the City based on the City's participation in the Urban County; and
WHEREAS, the City anticipated an amount of $210,042 for the annual grant award and the final award amount is higher than expected by $112,864.16 and shall be added to funding for Jurisdictional Improvement projects as recommended by the CDAC; and WHEREAS, the County retains $51,884 of the City's allocation providing for Minor Home Repair Program, which will be administered by Alameda County Healthy Homes Department; and
WHEREAS, the City will retain the remaining $271,022.16 funds to use towards jurisdictional improvements and administrative costs; and WHEREAS, the activities of the City under the Agreement with the County shall be governed by the conditions of the Grant Agreement between the County and the United States Department of Housing and Urban Development; and
WHEREAS, the City's proposed projects are CDBG-eligible in accordance with HUD regulations and the conditions of the CDBG Grant Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager of the City of Newark is hereby authorized to execute an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant (CDBG) Program for Fiscal Year 2024, said agreement on file in the Office of the City Clerk.

BE IT RESOLVED by the City Council of the City of Newark that the City Manager of the City of Newark is hereby authorized to sign an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant (CDBG) Program for Fiscal Year 2024, said agreement on file in the Office of the City Clerk.

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BE IT RESOLVED that the City Council of the City of Newark hereby approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for the Fiscal Year 2024 as follows:

INCR: 214.90.092.920.4793 Federal Grants & Awards $271,022.16 INCR: 214.3000 Unallocated Fund Balance $271,022.16
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on July 13, 2023, by Council Member _______ who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

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Item D. 7.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Waive full reading, conduct second reading by title only, and adopt an ordinance repealing and replacing Chapter 3.04, “Purchasing System” of Title 3 “Revenue and Finance” of the Newark Municipal Code in its entirety
At its June 22, 2023, meeting, the City Council introduced an ordinance repealing and replacing Chapter 3.04, "Purchasing System" of Title 3, "Revenue and Finance" of the Newark Municipal Code. The proposed ordinance 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 City Council is required to conduct a second reading of the ordinance for its adoption. The ordinance will take effect 30 days after the second reading.

Attachments
Purchasing Ordinance
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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 107

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 108
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 111
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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Item D. 8.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Waive full reading, conduct second reading by title only, and adopt an ordinance adding Chapter 3.05, “Informal Bid Procedures” to Title 3 “Revenue and Finance” of the Newark Municipal Code
At its June 22, 2023, meeting, the City Council introduced an ordinance adding Chapter 3.05, "Informal Bid Procedures" to Title 3, "Revenue and Finance" of the Newark Municipal Code. The proposed ordinance will establish informal bidding procedures consistent with the requirements of the Uniform Public Construction Cost Accounting Act for specified public projects that are $200,000 or less. The City Council is required to conduct a second reading of the ordinance for its adoption. The ordinance will take effect 30 days after the second reading.

Attachments
Construction Cost Accounting Act Ordinance
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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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Item D. 9.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution to approve an amendment to Contractual Services Agreement with Patrick Ibarra dba The Mejorando Group to complete employee training services and approve a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024.

SUMMARY AND RECOMMENDATION
The City executed a contractural services agreement for employee training services with Patrick Ibarra dba The Mejorando Group. As a result of the success of the employees training services, the City requested additional services which require City Council purchasing authority. Staff recommends that the City Council, by resolution, approve an amendment to the contractural services agreement and approve a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024.

BACKGROUND
The City undertook a significant effort to increase and improve professional development training to recruit and retain employees. An integral part of the training program is Leadership Academy programs for new/emerging leaders and intermediate supervisors. These academies cover topics such as facilitating a service culture, building great work teams, leading change, delegation, creative problem solving, managing employee performance and other effective leadership skills. The process involves training a cohort of up to 16 employees for seven half-day sessions. Upon completion of each academy, a graduation ceremony is held to recognize the employees' achievements. The first offering of both academies was a huge success.

Attendees from the first round of academies highly recommended the training to their coworkers, creating a demand for a second offering of academies, as well as half-day training sessions open to all employees. The second academy offerings and four half-day trainings were completed in June. Unfortunately, during the recent staff transition in the Human Resources Department, an oversight occurred.Though services have been rendered, staff did not request approval of a contract amendment in advance. Staff is now requesting a contract amendment in order to pay Mr. Ibarra for those services completed in June, and allow for additional half-day trainings during Fiscal Year 2024.

DISCUSSION/ANALYSIS
Offering a second round of academies and additional training from The Mejorando Packet Page 116
Offering a second round of academies and additional training from The Mejorando Group maintains a consistent message to employees about the importance of leadership. The additional training will also allow the City to fulfill its training goals in the employee engagement plan. The ability for a single trainer to reach a significant number of employees has a profound impact on the workforce. Hearing the same leadership values and the ability to work together in small group sessions helps to create a cohesive City team. Staff are engaged in the learning and return from training motivated to perform, ideate, and innovate. Spreading the engagement and enthusiasm Mr. Ibarra instills in training participants is proving to be a great benefit to fostering effective and productive work teams.

FISCAL IMPACT
The additional services costing $52,000 will require a budget amendment for Fiscal Year 2024 to be paid from the Human Resources Department budget for organizational development.

REVIEW AND APPROVAL
Prepared by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
779 Resolution - The Mejorando Group
CSA Amendment - The Mejorando Group
The Mejorando Group Contractual Services Agreement
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT WITH PATRICK

IBARRA DBA THE MEJORANDO GROUP AND
AUTHORIZING AMENDMENT OF THE 202 2 - 2 0 2 4

B I E N N I A L B U D G E T A N D C A P I T A L
I M P R O V E M E N T P L A N F O R FISCAL YEAR 2024
WHEREAS, the City entered into Contract No. C21058 with Patrick Ibarra dba The Mejorando Group on November 23, 2021 (the “Agreement”); and WHEREAS, Ibarra provided exceptional employee leadership training services; and WHEREAS, employees are interested in additional training; and WHEREAS, the community and the City benefit from a trained workforce; and WHEREAS, Section 27, Modification, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, an amendment in the amount of $52,000 will provide for two leadership academies and additional full and/or half-day trainings.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves an amendment to the Contractual Services Agreement with Patrick Ibarra dba The Mejorando Group to increase the not to exceed amount of the Agreement by $52,000 for a total amount not to exceed $102,000.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the amendment, attached hereto, in a form approved by the City Attorney.

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

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan to add an appropriation of $52,000 from unallocated Funds to the Human Resources Department organizational development budget for Fiscal Year 2024 as follows:

TO: 110.22.022.200.6455 Consultant Services $52,000
FR: 110.3000 Unappropriated Fund Balance $52,000
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FIRST AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND

PATRICK IBARRA DBA THE MEJORANDO GROUP FOR EMPLOYEE TRAINING

SERVICES
This First Amendment to the Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Patrick Ibarra dba The Mejorando Group, ("Consultant"), (together referred to as the “Parties”) as of July 13, 2023.

RECITALS
WHEREAS, the Parties executed Contractual Services Agreement No. C21058 (the "Agreement") to perform the services generally including: training and leadership team facilitation services; and WHEREAS, Section 27, Modification, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to extend and amend the Agreement; and WHEREAS, the Parties desire to amend Exhibit A to add additional training courses offered by Consultant; and
WHEREAS, the Agreement provides a not to exceed compensation of $50,000.00; and WHEREAS, the total cost of the additional services are not to exceed $52,000.00.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3. "Not to Exceed" Compensation, of the Agreement is amended to increase the combined total of compensation and costs payable under the Agreement by $52,000.00 from $50,000.00 to $102,000.00).

2. Exhibit A, Services is amended to add additional training courses available by Consultant and as requested by the City.

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

CITY OF NEWARK PATRICK IBARRA DBA

THE MEJORANDO GROUP
_________________________________
David J. Benoun Patrick Ibarra
City Manager
Dated: ___________________________ Dated:

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Attest:
__________________________________
Sheila Harrington
City Clerk
Approved as to Form:
__________________________________
Kristopher J. Kokotaylo
City Attorney
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Item D. 10.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Salvador Sandoval, Lieutenant
SUBJECT Adopt a Resolution authorizing the City Manager to execute an agreement with All City Management Services, Inc. to provide Crossing Guard Services for the Newark Unified School District and amend the 2022-2024 Biennial Budget and Capital Improvement Plan.

SUMMARY AND RECOMMENDATION
The purpose of this report is to facilitate a service agreement with a crossing guard service provider for the City and the Newark Unified School District (NUSD). Staff recommends that the City enter into a one-year agreement with All Cities Management Services (ACMS).

ACMS would be responsible for providing complete day-to-day crossing guard services for 180 school days. Police Department staff issued a public Request for Proposals (RFP) and determined ACMS to be the most qualified.

Staff recommends that the City Council approve a resolution authorizing the City Manager to execute a contractual services agreement (CSA) with ACMS not-to-exceed $152,101 to provide crossing guard services for NUSD schools for the 2023-2024 school year.

Staff further recommends that the City Council authorize a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year (FY) 2024 by appropriating an additional $10,101 for crossing guard services.

BACKGROUND
The City of Newark has maintained an agreement with ACMS to provide for school crossing guard services at NUSD schools since August 2011. On August 25, 2021, the City approved an agreement for the extension of the school crossing guard service through June 30, 2022. The NUSD 2022-2023 school year agreement with ACMS commenced on July 1, 2022, and will end on June 30, 2023. On March 29, 2023, ACMS notified the City of Newark of an increase in the billing rate for the 2023-2024 school year. The increase prompted a public Request for Proposals (RFP) to explore any other service providers in the area. The attached updated agreement with ACMS for the 2023-2024 school year would commence on August 9, 2023, and end on June 30, 2024.

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DISCUSSION/ANALYSIS
According to ACMS, because of the post-COVID-19 pandemic, high staff turnover and challenges with retention caused ACMS to transition its recruitment for employees from an older and stable workforce to a younger mobile workforce. The younger generation of employees are more sensitive to cost-of-living increases and are seeking higher wages and more hours. Employees often accepted a position with ACMS and worked from days to months before abruptly leaving for higher paying jobs. The retention challenge has contributed to the need for them to increase the billing rates to their customers.

This year, ACMS crossing guard hourly rate of $32.08 will increase by 8% to $34.49 for the 2023-2024 school year. The projected and "not to exceed" amount" listed in the service agreement to provide school crossing guard services this school year is $152,101, payable bi-weekly based on a rate of $34.39 per hour, per crossing guard, with an option to extend beyond the end of the term at an amount mutually agreed upon by the City of Newark and ACMS. This is an increase of $10,628 from the 2022-2023 agreement that had a "not to exceed" amount of $141,473. There is a total of eight crossing guards located at seven NUSD schools. Newark Junior High School (NJHS) has two crossing guards. The second NJHS crossing guard also serves as a reserve crossing guard to backfill any other school where there is an unexpected absence or scheduled vacancy.

The following NUSD schools receive crossing guard services:

1. Birch Grove Primary Elementary School

2. Birch Grove Intermediate Elementary School

3. Coyote Hills Elementary School

4. Kennedy Elementary School

5. Lincoln Elementary School

6. Schilling Elementary School

7. Newark Junior High School
FISCAL IMPACT
An adopted budget of $142,000 in the general contractual services category was appropriated to the Police Department's School Crossing Guard Program for both FY 2023 and FY 2024 for the purpose of providing crossing guard services to the NUSD.

Increasing the CSA not-to-exceed amount to $152,101 will require increasing the budget by $10,101.

Staff recommends that the City Council authorize a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 as follows:

TO: 110.30.030.301.6221 Crossing Guard Services $10,101 FR: 110.3000 Unappropriated Fund Balance $10,101 Packet Page 146
REVIEW AND APPROVAL
Prepared by - Salvador Sandoval, Police Lieutenant
Reviewed by - Gina Anderson, Police Chief
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution Crossing Guard
ACMS Contract
766_Resolution_Crossing_Guard
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICE AGREEMENT WITH
ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL
CROSSING GUARDS AND AMEND THE 2022-2024

BIENNIAL BUDGET
WHEREAS, the City of Newark has maintained an agreement with All City Management Services, Inc. (ACMS) to provide crossing guard services for Newark Unified School District schools (NUSD) since August 2011; All City Management Services has assumed the day-today operations of crossing guard services at the city’s junior high and elementary school locations. Their service ensures our children and families safely cross the street at designated intersections during the high traffic times before and after school; and WHEREAS, funding in the amount of $142,000 has been allocated to the Newark Police Department to provide crossing guard services to the Newark Unified School District and the cost of the service has increased this year by 8%. The total cost forecasted to be approximately $152,101 for the remaining FY2022-2024. A budget amendment would be required for this contractual service agreement with All City Management Services to increase it by $10,101 – not to exceed amount of $152,101 per fiscal year; and
WHEREAS, staff issued a Request for Proposal (RFP) for crossing guard services bids; and
WHEREAS, the City received four (1) responsive submittal to the RFP; and WHEREAS, based on staff’s evaluation, All City Management Services, Inc. was determined to be the most qualified firm for the program; and WHEREAS, All City Management, Inc’s. costs associated with the service are not-toexceed $152,101; and WHEREAS, staff recommends amending the 2022-2024 Biennial Budget appropriating an additional $10,101 from the Unappropriated Fund (3000) to the Program.

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

BE IT FURTHER RESOLVED the City Council approves and authorizes the City Manager to execute an agreement with All City Management Services, Inc., in an amount not to exceed $152,101 per fiscal year and in a form approved by the City Attorney and amend the 2022- 2024 Biennial Budget to increase by $10,101 for fiscal years 2023 and 2024 as follows:

TO: 110.30.030.301.6221 Crossing Guard Services $10,101 FR: 110.3000 Unappropriated Fund Balance $10,101
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BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this resolution.

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14 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May__, 2023 and is between the CITY OF NEWARK (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor").

WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:

1. This Agreement is for a period which commences on or around August 10, 2023 and ends on June 30, 2024 and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall begin on a best availability basis until such a time as Contractor has hired, trained and deployed Crossing Guards to all sites requested by the City. Contractor shall update City weekly as to personnel ready to deploy. City agrees to provide site locations for Contractor to then assign and deploy Crossing Guards. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment.

2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”.

The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City.

3. The City’s representative in dealing with the Contractor shall be designated by the City of Newark.

4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor.

The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement.

5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement.

6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes of the State of California and the City of Newark.

7. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Newark in which the Services (as defined below) are to be performed pertaining to general pedestrian safety in school crossing areas.

8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Packet Page 150
15 Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling.

9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary.

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

A. Verification of Coverage.

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

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

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

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

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

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if Contractor has no owned autos; and
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16 3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and C. Minimum Limits of Insurance.

Contractor shall maintain limits no less than:

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

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

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

D. Deductibles and Self-Insured Retentions.

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

E. Claims Made Policies.

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

F. Wasting Policies.

No policy required by this Section 10 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).

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17 G. Remedies.

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

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

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

3. Terminate this Agreement.

H. Acceptability of Insurers.

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

I. Other Insurance Provisions.

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

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

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

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

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18 6. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this Section 10 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.

11. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Contractor shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Contractor shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 18, hereinbelow) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Contractor’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

12. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Contractor shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Contractor’s performance of Services, or any negligent or wrongful act or omission of Contractor or Contractor’s officers, employees, agents, or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.

If it is finally adjudicated that liability was caused by the comparative negligence or willful misconduct of an indemnified party, Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

The duty to defend is a separate and distinct obligation from Contractor’s duty to indemnify.

Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City (such approval not to be unreasonably withheld or conditioned) immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative negligence or willful misconduct by an indemnified party does not relieve the Contractor from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Contractor asserts that liability is caused in whole or in part Packet Page 154
19 by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole negligence or sole willful misconduct of an indemnified party, Contractor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs arising from the representation of such independent defense counsel.

The review, acceptance or approval of Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce Contractor’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract. The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

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

13. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party.

14. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City.

15. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-four Dollars and Forty-nine Cents ($34.49) per hour, per Crossing Guard during the term.

Based on a minimum of eight (8) sites and upon a projected (4,410) hours of service the cost shall not exceed One Hundred Fifty-two Thousand, One Hundred and One Dollars ($152,101.00) per year, unless Contractor fails to perform service.

16. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared invoice.

17. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 daysnotice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. In no event shall the “not to exceed” amount of this Agreement exceed One Hundred Fifty-two Thousand, One Hundred and One Dollars ($152,101.00) per year unless amended pursuant to the terms of this Agreement.

18. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties.

19. This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and Packet Page 155
20 signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect.

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

CITY CONTRACTOR

City of Newark All City Management Services, Inc.

By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________ Packet Page 156
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICE AGREEMENT WITH
ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL
CROSSING GUARDS AND AMEND THE 2022-2024
BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN.

WHEREAS, the City of Newark has maintained an agreement with All City Management Services, Inc. (ACMS) to provide crossing guard services for Newark Unified School District schools (NUSD) since August 2011;
WHEREAS, All City Management Services has assumed the day-to-day operations of crossing guard services at the city’s junior high and elementary school locations. Their service ensures our children and families safely cross the street at designated intersections during the high traffic times before and after school; and
WHEREAS, staff issued a Request for Proposal (RFP) for crossing guard services bids; and
WHEREAS, the City received four (1) responsive submittals to the RFP; and WHEREAS, based on staff’s evaluation, All City Management Services, Inc. was determined to be the most qualified firm for the program; and WHEREAS, funding in the amount of $142,000 was previously appropriated to the general contractual services category for the Newark Police Department to provide crossing guard services to the Newark Unified School District and the cost of the service has increased this year by 8%.

The total cost is estimated to be approximately $152,101 for Fiscal Year 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the foregoing recitals are true and correct and hereby incorporated as though fully set forth herein.

BE IT FURTHER RESOLVED the City Council authorize the City Manager to execute an agreement with All City Management Services, Inc., in an amount not to exceed $152,101 per fiscal year and in a form approved by the City Attorney BE IT FURTHER RESOLVED the City Council authorize a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 as follows:

TO: 110.30.030.301.6221 Crossing Guard General Contractual Services $10,101 FR: 110.3000 Unappropriated Fund Balance $10,101
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this resolution.

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Item E. 1.

DATE 07/13/2023
TO Honorable Mayor and City Council Members
FROM Soren Fajeau, Public Works Director
SUBJECT Hearing to consider adopting a resolution to confirm the diagram and assessments and to levy and collect assessments in conjunction with Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19
SUMMARY AND RECOMMENDATION
The City of Newark previously completed all necessary proceedings to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (collectively “Districts”) in order to fund ongoing landscaping and lighting maintenance and improvements at various locations in the City in accordance with the provisions of the Landscaping and Lighting Act of 1972. On April 27, 2023, the City Council initiated proceedings for the levy and collection of annual assessments for each established District and directed staff to prepare and file annual Engineer’s Reports detailing such assessments for the City Council’s consideration. On June 22, 2023, the City Council approved the annual Engineer’s Reports and set July 13, 2023, as the date for the required public hearing to consider the annual levy of assessment for each District.

This agenda item represents the last of the required annual actions by the City Council to levy and collect District assessments in Fiscal Year (FY) 2024. City Council shall conduct a public hearing, and at the conclusion of the public hearing, if a majority protest does not exist for any Districts, staff recommends the City Council adopt a resolution confirming the diagrams and assessments, and the levying and collection of assessments for the Districts.

BACKGROUND
The City Council previously established the Districts to provide for the annual operation and maintenance of certain landscaping and lighting improvements benefiting property within the Districts as summarized below.

Landscaping and Lighting District No. 1: Central Avenue between Filbert Street and Willow Street - Provides for the maintenance of median landscaping on Central Avenue between Filbert Street and Willow Street and buffer landscaping adjacent to the Alameda County Flood Control channel immediately west of Filbert Street, and for the maintenance and operation of median streetlights along this portion of Central Avenue.

The total assessment for this district, as stated in the approved Engineer’s Report is approximately $41,550 for FY 2024.

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Landscaping and Lighting District No. 2: Jarvis Avenue and Newark Boulevard adjacent to Dumbarton Technology Park and Four Corners shopping centers – Provides for the maintenance of Jarvis Avenue and Newark Boulevard median island and in-tract buffer landscaping and landscape irrigation systems adjacent to and within the boundaries of Tract 5232, the Dumbarton Industrial Park, and the Four Corners shopping centers.

The total assessment for this district, as stated in the approved Engineer’s Report is approximately $26,680 for FY 2024.

Landscaping and Lighting District No. 4: Stevenson Boulevard and Cherry Street adjacent to New Technology Park - Provides for the maintenance of Stevenson Boulevard median island landscaping from the Nimitz Freeway to the railroad tracks west of Cherry Street and maintenance of median islands and up to 50 feet of greenbelt landscaping adjacent to Cherry Street and the interior loop streets within the boundaries of Stevenson Point Technology Park, the maintenance of landscaping across from the Newark Unified School District property on Cherry Street, and the street lighting maintenance, trash capture device maintenance, and neighborhood park maintenance related to Benefit Zone No. 2 (Sanctuary). The total assessment for this district, as stated in the approved Engineer’s Report is approximately $111,990 for FY 2024.

Landscaping and Lighting District No. 6: Cedar Boulevard and Duffel Redevelopment Area No. 2 – Authorized to provide for the maintenance of all street landscaping within the public right-of-way, and landscaping and landscape irrigation systems within easement areas and developed properties in Redevelopment Area No. 2 at Cedar Boulevard and Stevenson Boulevard, plus the Stevenson Station Shopping Center.

The district is inactive at this time because all the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements. All property owners in this district will receive a “zero” assessment for FY 2024.

Landscaping and Lighting District No. 7: Newark Boulevard and Rosemont Square Shopping Center – Provides for the maintenance of buffer landscaping and the landscape irrigation system within the public right-of-way and easement areas for Rosemont Square Shopping Center. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $25,590 for FY 2024.

Landscaping and Lighting District No. 10: Various locations throughout the City – Authorized to provide for the maintenance of street lighting, landscaping and landscape irrigation systems within public right-of-way and easement areas located throughout the City. A benefit zone has been established for each maintenance area. All benefit zones are inactive at this time because the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the applicable benefit zone may be activated, so funding is available for the City to maintain the improvements. Since this district is for properties responsible for their own maintenance, all property owners within all benefit zones of this district will receive a “zero” assessment for FY 2024.

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“zero” assessment for FY 2024.

Landscaping and Lighting District No. 11: Edgewater Drive - Provides for the maintenance of landscaped medians on Edgewater Drive. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $28,175 for FY 2024.

Landscaping and Lighting District No. 13: Citation Homes and Bren developments on Thornton Avenue – Authorized to provide for maintenance of the landscaping and irrigation systems for Thornton Avenue, Cedar Boulevard, Willow Street, and other streets within these subdivisions. This district was relieved from the responsibility for maintenance of median landscaping on Thornton Avenue in May 1997. The district is inactive at this time because all other improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.

Since this district performs its own maintenance of frontage landscaping, all property owners in this district will receive a “zero” assessment for FY 2024.

Landscaping and Lighting District No. 15: Robertson Avenue at Iris Court - Provides for the maintenance of the landscaping and irrigation systems on Robertson Avenue at Iris Court. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $5,050 for FY 2024.

Landscaping and Lighting District No. 16: Kiote Drive in Tract 6671 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement along the street frontage of Kiote Drive in Tract 6671, along with the landscaping, irrigation system, recreation facilities associated with the mini-park common area and any related appurtenant improvements. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $19,900 for FY 2024.

Landscaping and Lighting District No. 17: Newark Boulevard and Mayhews Landing Road in Tract 7004 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way of the Newark Boulevard and Mayhews Landing Road frontages of Tract 7004. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $6,235 for FY 2024.

Landscaping and Lighting District No. 18: Cedar Boulevard along the frontage of Tract 8130 – Provides for the maintenance of landscaping and the landscape irrigation system within the Cedar Boulevard median area along the frontage of Tract 8130 between Central Avenue and Smith Avenue. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $10,980 for FY 2024.

Landscaping and Lighting District No. 19: Willow Street and Enterprise Drive in the Bayside Newark Transit Oriented Development – Provides for the maintenance of landscaping and the landscape irrigation system within the Willow Street and Enterprise Drive medians and traffic circles, maintenance of public street lighting systems, and maintenance of other improvements related to each benefit zone Packet Page 160
associated with the Bayside Newark Transit Oriented Development. The total assessment for this district, as stated in the approved Engineer’s Report is approximately $116,315 for FY 2024.

DISCUSSION/ANALYSIS
There are no new improvements or substantial changes to existing improvements associated with the Districts for FY 2024. City staff is recommending FY 2024 assessments for the Districts be levied in alignment with recent years at or below the respective authorized maximum rates to pay for the operation and maintenance of landscaping and lighting improvements.

For Landscaping and Lighting District Nos. 1, 2, 4 (Benefit Zone 1), 7, 11, 15, 16, 17, and 18, the authorized maximum assessment rates are recommended to be levied for Fiscal Year 2024. For Landscaping and Lighting District Nos. 6, 10, and 13, no assessments are proposed to be levied for Fiscal Year 2024. For Landscaping and Lighting District Nos. 4 (Benefit Zone No. 2) and 19 (All Benefit Zones), assessment rates below the authorized maximum are proposed to be levied for FY 2024. The assessment amount for each parcel number is located on the final page of the attached Engineer's Reports for each Landscaping and Lighting District.

FISCAL IMPACT
An amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 is necessary to establish the budget and authorize the allocation of all necessary expenditures as identified in the approved annual Engineer’s Reports for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19.

REVIEW AND APPROVAL
Prepared 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
Resolution
Final Engineer's Report L&L1
Final Engineer's Report L&L2
Final Engineer's Report L&L4
Final Engineer's Report L&L6
Final Engineer's Report L&L7
Final Engineer's Report L&L10
Final Engineer's Report L&L11
Final Engineer's Report L&L13
Final Engineer's Report L&L15
Final Engineer's Report L&L16
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Final Engineer's Report L&L17
Final Engineer's Report L&L18
Final Engineer's Report L&L19
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK

CONFIRMING DIAGRAMS AND ASSESSMENTS AND LEVYING

AND COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND
LIGHTING DISTRICT NOS. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 AND 19, FOR FISCAL YEAR 2024
WHEREAS, the City Council of the City of Newark (the “City”) previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500)(the “Act”) to establish the City’s Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (the “Districts”); and
WHEREAS, the City has, by previous Resolution No. 11532, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Districts, and notice thereof was duly given in accordance with Section 22626 of the Act for the Districts; and WHEREAS, at the time and place specified in Resolution No.11532, a Public Hearing has been held where all objections to the assessments were considered, and the Public Hearing concluded for each District; and
The City Council of the City of Newark resolves:

1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council, with Resolution No. 11499, directed the City Engineer, Engineer of Work for Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11 13, 15, 16, 17, 18 and 19, to prepare and file annual reports for Fiscal Year 2024.

2. The Engineer of Work filed the annual reports on June 22, 2023, and the City Council adopted its resolution of intention, Resolution No. 11532 to levy and collect assessments within the Districts for Fiscal Year 2024 and set a public hearing to be held on July 13, 2023, at 7 p.m. or as soon thereafter as the matter may be heard, in the meeting place of the City Council located in the City Administration Building, 37101 Newark Boulevard, Newark, California. Notice of the hearing was given in the time and manner required by law.

3. At the public hearing, the City Council afforded every interested person an opportunity to make a protest to the annual reports and as to the question of the levy and collection of assessments, either in writing or orally, and the City Council has considered each protest.

4. The City Council hereby approves the annual reports and confirms the diagrams and assessments as set forth in the approved annual reports of the Engineer of Work, and hereby levies the assessments set forth therein for Fiscal Year 2024.

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5. The City Council hereby amends the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 for the funding of levied assessments and the allocation of all necessary expenditures in the approved annual reports of the Engineer of Work for all budgeted line items as identified therein.

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Landscaping and Lighting District No. 1
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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 ................................................... 16 Packet Page 166
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 1 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 1
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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. 1 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscaping and median-island streetlight 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 both fronting and adjacent to Central Avenue and between Filbert Street to the east and Willow Street to the west. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.” The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 1 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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.

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 these 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. 1 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 1
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. 1 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: DESCRIPTION OF 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. 1 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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 maintenance and operation of median-island and buffer landscaping and the landscape irrigation system and median-island lighting located on Central Avenue between Filbert Street and Willow Street. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.

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

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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.

The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. 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 $41,547
Non-Assessment Revenues $0
Total Projected Revenues $41,547
Projected Expenses
Contract Services ($18,082)
Utilities ($4,535)
Administration and Incidentals ($19,869)
County Collection Fees ($706)
Unforeseen Maintenance and Repairs1 ($2,160)
Total Projected Expenses ($45,351)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $184,969
Reserve Fund Collection Increase/(Decrease) ($3,804)
Ending Fund Balance - June 30, 2024 $181,165
Recommended Operating Reserves $22,676
Available Operating Reserves $22,676
Available Capital Reserves2 $158,490
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $126,850 for future Plant Replacement and $8,000 for future Streetlight Replacement projects.

Landscaping and Lighting District No. 1
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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. 1 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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CENTRAL AV

WILLOW ST

ENTERPRISE DR

FILBERT ST

BACK BAY RD

BAY CREST RD

WELLS AV

MORTON AV

PERRIN AV

CABOT CT

SPRING TIDE RD

MARINE WY

BREAKERS RD

SEAWIND WY

ALEPPO DR

BLUFF WY

BAYPORT WY

BLUETIDE WY

COMPASS WY

JETTY WY

BAYSHORES AV

PENINSULA WY

CENTRAL CT

SANDY COVE WY

DUNES WY

PORTSIDE WY

ENTERPRISE CT

LATITUDES LN

BLUE ANCHOR WY

ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING DISTRICT NO. 1
Legend
LLD No. 1 Boundary
Parcels ± 0 750 1,500
Feet
(CENTRAL AVENUE)
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 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 public lights, landscaping, 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 reflects 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, 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”.

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 established.

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 to the properties 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 Packet Page 179

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 13 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 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 District'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 can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit medians contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit medians can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Median and buffer landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit medians contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties. • Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 14 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

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. The City and Engineer of Work at the time of District formation determined that each property’s linear foot of frontage along Willow Avenue receives a similar benefit from the improvements. Therefore, it was determined that the most appropriate method of apportioning costs was to assess properties based on a front footage basis for all parcels fronting Central Avenue between Filbert Street and Willow Street. 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 $6.01 per linear foot of frontage 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 rightsof-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.

Appeals and Interpretations
Any property owner who feels 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 the 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 Packet Page 181

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 15 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. 1 ASSESSMENT ROLL 16 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 $41,547.08.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 1

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092 -0116-035-03 $2,091.48
092 -0116-048-00 $4,303.16
092 -0116-049-00 $2,758.58
092 -0116-050-00 $1,364.26
092 -0116-055-00 $3,071.10
092 -0116-056-00 $2,776.62
092 -0116-057-00 $3,029.04
092 -0116-064-00 $1,358.26
092 -0116-065-00 $1,238.06
092 -0116-066-00 $2,686.46
092 -0116-068-00 $168.28
092 -0116-069-00 $168.28
092 -0116-070-00 $168.28
092 -0116-071-00 $168.28
092 -0116-072-00 $168.28
092 -0116-073-00 $168.28
092 -0116-074-00 $168.28
092 -0116-075-00 $168.28
092 -0116-076-00 $168.28
092 -0116-077-00 $168.28
092 -0116-078-00 $168.28
092 -0116-079-00 $168.28
092 -0251-012-00 $2,079.46
092 -0251-014-00 $2,019.36
092 -0252-011-00 $4,387.30
092 -0252-012-00 $727.20
092 -0252-015-00 $5,637.38
Total Parcels: 27
Total Assessment: $41,547.08
PART E - 1 06/05/23
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Landscaping and Lighting District No. 2
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 2 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 .................................................... 15

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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 2 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 2
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 2 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. 2 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of landscaping improvements within the public right-of-way within the boundaries of the District.

The District generally consists of those properties west of Jarvis Avenue, north of the railroad tracks, east of California State Route 84, and south of the City owned parcel at the corner of Jarvis Avenue and Cardiff Street. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 2 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 2
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:

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

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 2 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. 2 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 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 maintenance of Jarvis Avenue median-island and buffer landscaping and landscape irrigation system, and lighting adjacent to and within the boundaries of Tract 5232 and the Dumbarton Industrial Park. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.

The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas adjacent to the public right-of-way on Dumbarton Court, Jarvis Avenue and Newark Boulevard, and the 10-foot wide landscape easement in lots 6 and 7 of Tract 5232 adjoining the property within Parcel Map 5618.

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

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ESTIMATE OF COSTS 8 PART B

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

Projected Revenues
Assessment Revenue $26,678
Non-Assessment Revenues $0
Total Projected Revenues $26,678
Projected Expenses
Contract Services ($5,733)
Utilities ($3,797)
Administration and Incidentals ($12,986)
County Collection Fees ($454)
Unforeseen Maintenance and Repairs1 ($1,148)
Total Projected Expenses ($24,118)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $169,971
Reserve Fund Collection Increase/(Decrease) $2,560
Ending Fund Balance - June 30, 2024 $172,531
Recommended Operating Reserves $12,059
Available Operating Reserves $12,059
Available Capital Reserves2 $160,471
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $97,000 for future Plant Replacement projects.

Landscaping and Lighting District No. 2
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 2 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 purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures that 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. 2 ASSESSMENT DIAGRAM 10 PART C

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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SR84

JARVIS AV

NEWARK BLVD

CEDAR BL

LIDO BL

LAKE BL

BLACKBURN DR

CHAPMAN DR
NEWARK OFF SR84 RAMP EB

BRITTANY AV

TOURRAINE DR

NORMANDY DR

ORLEANS DR

ABINGTON DR

FIRCREST ST

CASTILLON DR

GATEWAY BL

FLANDERS DR

REYMOUTH DR

CARDIFF ST

PORTSMOUTH AV

RAVENWOOD AV

MADELAINE DR

OVERLAKE PL

RUSCHIN DR

PROVANCE ST

LIDO CT

DUMBARTON CT

DONEGAL CT

WYCOMBE PL

STIRLING CT

DOVER CT

BISCAY PL

ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING DISTRICT NO. 2
Legend
LLD No. 2 Boundary
Parcels ± 0 950 1,900
Feet
(NEWARK BOULEVARD AT JARVIS AVENUE)
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 12 PART D

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.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 13 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 to the properties 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.

The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Median landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 14 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 of Work at the time of District formation determined the project costs related to Jarvis Avenue west of Dumbarton Court and for Dumbarton Court, including a proportionate share of the incidental expenses will be spread on the basis of area to lots which front Jarvis Avenue and Dumbarton Court. Project costs related to improvements on Jarvis Avenue east of Dumbarton Court and on Newark Boulevard, including a proportionate share of incidental expenses will be spread to properties fronting this segment of Jarvis Avenue and Newark Boulevard on the basis of area, but after buildings are constructed, these costs are to be spread on the basis of building square footage, with costs allocated to undeveloped property based on the maximum building size permitted on the parcel. This methodology distributes assessments in proportion to the estimated special benefit conferred to property and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.

In Fiscal Year 2023-24, the maximum allowable assessment for each assessable parcel within the District is needed to cover the annual costs. 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.

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. 2 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2023-24 is $26,678.00.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 2

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2596-001-00 $134.00
092A-2596-002-00 $44.00
092A-2596-003-00 $77.00
092A-2596-004-00 $797.00
092A-2596-005-00 $74.00
092A-2596-006-00 $83.00
092A-2596-007-00 $66.00
092A-2596-008-00 $202.00
092A-2596-009-00 $796.00
092A-2596-010-00 $377.00
092A-2596-011-00 $161.00
537 -0521-014-00 $1,643.00
537 -0521-015-00 $198.00
537 -0521-023-02 $25.00
537 -0521-024-02 $55.00
537 -0521-025-00 $99.00
537 -0521-026-00 $38.00
537 -0521-027-00 $73.00
537 -0521-028-00 $78.00
537 -0521-036-00 $631.00
537 -0521-037-00 $820.00
537 -0521-038-00 $14,308.00
537 -0521-039-00 $2,306.00
537 -0521-045-00 $743.00
537 -0521-046-00 $57.00
537 -0521-047-00 $304.00
537 -0521-048-00 $195.00
537 -0855-001-00 $114.70
537 -0855-002-00 $114.70
537 -0855-003-00 $114.70
537 -0855-004-00 $114.70
537 -0855-005-00 $114.70
537 -0855-006-00 $114.70
537 -0855-007-00 $114.70
537 -0855-008-00 $114.70
537 -0855-009-00 $114.70
537 -0855-010-00 $114.70
537 -0855-011-00 $114.70
537 -0855-012-00 $114.70
537 -0855-013-00 $114.70
537 -0855-014-00 $114.70
537 -0855-015-00 $114.70
537 -0855-016-00 $114.70
537 -0855-017-00 $114.70
537 -0855-018-00 $114.70
537 -0855-019-00 $114.70
537 -0855-020-00 $114.70
Total Parcels: 47
Total Assessment: $26,678.00
PART E - 1 06/05/23
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Landscaping and Lighting District No. 4
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 4 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...................................................... 9 Part C – Assessment District Diagram ................................11 Part D – Method of Apportionment of Assessments............13 Part E - Assessment Roll ....................................................20 Packet Page 205
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 4 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 4
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 4 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. 4 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscape, streetlight, and park improvements benefiting parcels within the boundaries of the District. Since formation, an additional zone of benefit was created on September 14, 2017.

Following annexation of the zone of benefit referenced above, the District consists of the following two (2) zones of benefit:
• Zone 1 (New Technology Park and Stevenson Point Techpark) The area includes office, commercial, and institutional establishments in the City known as the New Technology Park and the Stevenson Point Techpark. • Zone 2 (Sanctuary)
The Sanctuary development includes Tract 8270 and is comprised of 386 single family homes and private roads.

The District generally consists of those properties south of Cherry Street, west of Stevenson Boulevard, north of the railroad tracks and east of Mowry Avenue. 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.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 4 INTRODUCTION
2 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.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 4
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:

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 4 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 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 parks, 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.
• 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 within each of the District benefit zones follows.

Zone 1 (New Technology Park and Stevenson Point Techpark) Landscape Improvements
The Landscape Improvements include streetscapes and medians, specifically:
• The maintenance of Stevenson Boulevard median-island landscaping from the Nimitz Freeway to Cherry Street.
• The Maintenance of median-island and up to 50-feet of green belt landscaping and street lighting adjacent to Cherry street and the interior loop street within the boundaries of New Technology Park.
• The maintenance of landscaping across the Newark Unified School District parcel on Cherry Street.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 8 Zone 2 (Sanctuary)
Park and Landscape Improvements
Zone 2 is responsible for maintaining the existing District improvements identified previously in Zone 1, as well as additional maintenance and servicing of a neighborhood park and trash capture devices as listed below. Park maintenance includes turf, trees, and irrigation.
• Neighborhood Park located north of Dragonfly Street, between Sea Turtle and Brush Rabbit.
• 6 trash capture devices on Cherry Street.
• 2 trash capture devices on Stevenson Boulevard.
• 3 trash capture devices on Tom Cod Street.

All other improvements associated with Zone 2 including landscaping, sidewalk rightsof-way, medians, parkways, and other easements dedicated to the City will be maintained by a Homeowner’s Association and will not be assessed to parcels within the District.

Street Lighting Improvements
The Street Lighting Improvements include fifty-one (51) streetlights located throughout Tract 8270 located along streets within the zone.

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ESTIMATE OF COSTS 9 PART B

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
Total
Amount
Projected Revenues
Assessment Revenue $37,082 $74,907 $111,989
Non-Assessment Revenues1 $497 $5,916 $6,413
Total Projected Revenues $37,579 $80,823 $118,401
Projected Expenses
Contract Services ($9,887) ($19,973) ($29,860)
Utilities ($4,694) ($9,481) ($14,175)
Administration and Incidentals ($5,727) ($11,570) ($17,297) County Collection Fees ($630) ($1,273) ($1,904)
Landscape Replacement $0 $0 $0
Total Projected Expenses ($21,985) ($44,412) ($66,397)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $297,286 $480,427 $777,713 Reserve Fund Collection Increase/(Decrease) $15,593 $36,411 $52,004 Ending Fund Balance - June 30, 2024 $312,879 $516,838 $829,717 Recommended Operating Reserves $10,993 $22,206 $33,199
Available Operating Reserves $10,993 $22,206 $33,199
Available Capital Reserves3 $301,886 $494,632 $796,518
1 Non-Assessment Revenues equate to the City contribution in the amount of $1,551 for General Benefits and $4,912 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. 4
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ESTIMATE OF COSTS 10 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.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ASSESSMENT DIAGRAM 11 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 Diagram is shown on the following page.

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CHERRY ST

MOWRY AV

STEVENSON BL

ADDITION RD

DRAGONFLY ST

TOMCOD ST

LEVI ST

EUREKA DR

SEAL DR

STATION RD

CEDAR BL

SPADEFOOT AV

BRUSH RABBIT AV

EBBETTS ST

PARADA ST

TRUCKEE CT

GOOSE WY

MULE DEER ST

BALENTINE DR

TULE ELK WY

PELTON TE

JOAQUIN MURIETA AV

SAWYER TE

SOUTH DARNER DR

POTRERO DR

WAXWING DR

ASSESSMENT DIAGRAM
Legend
Parcels
LLD No. 4 Zone 1
LLD No. 4 Zone 2 ± 0 1,500 3,000
Feet
(NEW TECHNOLOGY PARK AND STEVENSON POINT TECHPARK)
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ZONE 1AND 2
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 13 PART D

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.

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”.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 14 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 may benefit from the improvement both within and outside the City and within and outside 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 within and outside the City and not in a District zone of benefit are to be paid for by the City. 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 the establishment of Benefit Zone 2 (Sanctuary) can be found in the Engineer’s Report prepared at the time of establishing Zone 2 (Sanctuary). A summary of the analysis by improvement type funded by District assessments is described below.

Special 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 the 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 the boundaries of the District‘s zones 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 distinct special benefit over and above general benefits by said public improvements in a way that is Packet Page 220

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 15 particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.

Special Benefit from Landscape Maintenance
All parcels within the District, specifically, Zone 1 (New Technology Park and Stevenson Point Techpark) and Zone 2 (Sanctuary), 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 zones 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 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.

Special Benefit from Street Lighting Maintenance
All parcels within Zone 2 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 residential parcels because street lighting improves traffic safety during ingress and egress to the property and creates a deterrent to crime on the property. The safety to property results in a special benefit to both residential and vacant and undeveloped parcels because street lighting operation, maintenance and servicing Packet Page 221

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 16 provides for the protection of buildings and personal property against crimes such as theft and vandalism.

Special Benefit from Park Maintenance
All parcels within Zone 2 (Sanctuary) 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)
The benefit of parks and other recreational facilities to residential and the surrounding commercial/industrial properties in Zone 1 (New Technology Park and Stevenson Point TechPark) is supported and has been summarized by several studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded the following:
• 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 Packet Page 222

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 17 • Public recreation benefits all 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 Zone 2 (Sanctuary) that receive special benefit from some of the improvements (e.g., parks, etc.). Based on the analysis performed at the time of the establishment of Zone 2 (Sanctuary), it was determined that 11.06% of the annual costs from the improvements associated with Zone 2 (Sanctuary) are attributable to special benefits to parcels outside of Zone 2 (Sanctuary).

The share of cost attributable to special benefits conferred to parcels outside of Zone 2 (Sanctuary) cannot be assessed to properties within the specific zone, but are required to be paid by some other source, such as the City’s General Fund.

General Benefit
In the context of assessments, a general benefit is a benefit enjoyed by the community, or the public at large rather than a special benefit that is specifically conferred to individual properties. The Assessment Engineer at the time of establishing Zone 2 (Sanctuary) performed an analysis and determined there are general benefits conferred from the District improvements to the public at large. Based on this analysis performed by the Assessment Engineer, 2.26% of annual costs associated with the District and related improvements are attributable to general benefits received by the public at large.

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.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 18 Therefore, the City and Engineer of Work at the time of formation of Zone 1 (New Technology Park and Stevenson Point Techpark) determined that the most appropriate method of apportioning costs was to segregate the costs associated with New Technology Park from the Stevenson Point Techpark and then spread the specific costs on an acreage basis to the parcels adjacent and in proximity to the improvements.

Furthermore, the City and Engineer at the time of establishing Zone 2 (Sanctuary) determined the most appropriate method of apportioning costs was to spread all Zone 2 (Sanctuary) specific costs equally to all single-family residential homes.

Publicly owned properties within the District 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 rightsof-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 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.

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(s).

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

Maximum Assessment Rate Increases
The maximum assessment rates for Zone 1 (New Technology Park and Stevenson Point Techpark) may not be increased annually without property owner approval through a successful Proposition 218 proceeding. However, the maximum annual assessment rate for Zone 2 (Sanctuary) 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%.

LLD No. 4 Benefit Zone
Maximum
Assessment
Rate
Applied
Assessment
Rate
Zone 1 - New Technology Park $192.50 $192.50
Zone 1 - Stevenson Point Techpark $130.00 $130.00
Zone 2 - Sanctuary $228.05 $194.06
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 19 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. 4 ASSESSMENT ROLL 20 PART E

The total proposed assessment for Fiscal Year 2023-24 is $111,988.92.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0185-033-00 $4,337.62 1
901 -0185-039-00 $259.28 1
901 -0185-040-00 $1,298.70 1
901 -0185-041-00 $1,869.20 1
901 -0185-042-00 $2,819.94 1
901 -0185-043-00 $2,316.52 1
901 -0110-068-00 $1,341.72 1A
901 -0110-069-00 $342.46 1A
901 -0185-013-08 $15,425.02 1A
901 -0185-014-00 $270.66 1A
901 -0185-044-00 $758.54 1B
901 -0185-049-00 $1,589.24 1B
901 -0185-051-00 $476.70 1B
901 -0185-052-00 $631.80 1B
901 -0185-053-00 $491.40 1B
901 -0185-054-00 $510.38 1B
901 -0185-055-00 $523.38 1B
901 -0185-056-00 $374.26 1B
901 -0185-057-00 $102.82 1B
901 -0185-059-03 $966.42 1B
901 -0185-060-01 $375.70 1B
901 -0200-028-00 $194.06 2
901 -0200-029-00 $194.06 2
901 -0200-030-00 $194.06 2
901 -0200-031-00 $194.06 2
901 -0200-032-00 $194.06 2
901 -0200-033-00 $194.06 2
901 -0200-034-00 $194.06 2
901 -0200-035-00 $194.06 2
901 -0200-036-00 $194.06 2
901 -0200-037-00 $194.06 2
901 -0200-038-00 $194.06 2
901 -0200-039-00 $194.06 2
901 -0200-040-00 $194.06 2
901 -0200-041-00 $194.06 2
901 -0200-042-00 $194.06 2
901 -0200-043-00 $194.06 2
901 -0200-044-00 $194.06 2
901 -0200-045-00 $194.06 2
901 -0200-046-00 $194.06 2
901 -0200-047-00 $194.06 2
901 -0200-048-00 $194.06 2
901 -0200-049-00 $194.06 2
901 -0200-050-00 $194.06 2
901 -0200-051-00 $194.06 2
901 -0200-052-00 $194.06 2
901 -0200-053-00 $194.06 2
901 -0200-054-00 $194.06 2
901 -0200-055-00 $194.06 2
901 -0200-056-00 $194.06 2
901 -0200-057-00 2 $194.06
901 -0200-058-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0200-059-00 $194.06 2
901 -0200-060-00 $194.06 2
901 -0200-061-00 $194.06 2
901 -0200-062-00 $194.06 2
901 -0200-063-00 $194.06 2
901 -0200-064-00 $194.06 2
901 -0200-065-00 $194.06 2
901 -0200-066-00 $194.06 2
901 -0200-067-00 $194.06 2
901 -0200-068-00 $194.06 2
901 -0200-069-00 $194.06 2
901 -0200-070-00 $194.06 2
901 -0200-071-00 $194.06 2
901 -0200-072-00 $194.06 2
901 -0200-073-00 $194.06 2
901 -0200-074-00 $194.06 2
901 -0200-075-00 $194.06 2
901 -0200-076-00 $194.06 2
901 -0200-077-00 $194.06 2
901 -0200-078-00 $194.06 2
901 -0200-079-00 $194.06 2
901 -0200-080-00 $194.06 2
901 -0200-081-00 $194.06 2
901 -0200-082-00 $194.06 2
901 -0200-083-00 $194.06 2
901 -0200-084-00 $194.06 2
901 -0200-085-00 $194.06 2
901 -0200-086-00 $194.06 2
901 -0200-087-00 $194.06 2
901 -0200-088-00 $194.06 2
901 -0200-089-00 $194.06 2
901 -0200-090-00 $194.06 2
901 -0200-091-00 $194.06 2
901 -0200-092-00 $194.06 2
901 -0200-093-00 $194.06 2
901 -0200-094-00 $194.06 2
901 -0200-095-00 $194.06 2
901 -0200-096-00 $194.06 2
901 -0200-097-00 $194.06 2
901 -0200-098-00 $194.06 2
901 -0200-099-00 $194.06 2
901 -0200-100-00 $194.06 2
901 -0200-101-00 $194.06 2
901 -0200-102-00 $194.06 2
901 -0200-103-00 $194.06 2
901 -0200-104-00 $194.06 2
901 -0200-105-00 $194.06 2
901 -0200-106-00 $194.06 2
901 -0200-107-00 $194.06 2
901 -0200-108-00 $194.06 2
901 -0200-109-00 2 $194.06
901 -0200-110-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0200-111-00 $194.06 2
901 -0200-112-00 $194.06 2
901 -0200-113-00 $194.06 2
901 -0200-114-00 $194.06 2
901 -0200-115-00 $194.06 2
901 -0200-116-00 $194.06 2
901 -0200-117-00 $194.06 2
901 -0200-118-00 $194.06 2
901 -0200-119-00 $194.06 2
901 -0200-120-00 $194.06 2
901 -0200-121-00 $194.06 2
901 -0200-122-00 $194.06 2
901 -0200-123-00 $194.06 2
901 -0200-124-00 $194.06 2
901 -0200-125-00 $194.06 2
901 -0200-126-00 $194.06 2
901 -0200-127-00 $194.06 2
901 -0200-128-00 $194.06 2
901 -0200-129-00 $194.06 2
901 -0200-130-00 $194.06 2
901 -0200-131-00 $194.06 2
901 -0200-132-00 $194.06 2
901 -0200-133-00 $194.06 2
901 -0200-134-00 $194.06 2
901 -0200-135-00 $194.06 2
901 -0201-016-00 $194.06 2
901 -0201-017-00 $194.06 2
901 -0201-018-00 $194.06 2
901 -0201-019-00 $194.06 2
901 -0201-020-00 $194.06 2
901 -0201-021-00 $194.06 2
901 -0201-022-00 $194.06 2
901 -0201-023-00 $194.06 2
901 -0201-024-00 $194.06 2
901 -0201-025-00 $194.06 2
901 -0201-026-00 $194.06 2
901 -0201-027-00 $194.06 2
901 -0201-028-00 $194.06 2
901 -0201-029-00 $194.06 2
901 -0201-030-00 $194.06 2
901 -0201-031-00 $194.06 2
901 -0201-032-00 $194.06 2
901 -0201-033-00 $194.06 2
901 -0201-034-00 $194.06 2
901 -0201-035-00 $194.06 2
901 -0201-036-00 $194.06 2
901 -0201-037-00 $194.06 2
901 -0201-038-00 $194.06 2
901 -0201-039-00 $194.06 2
901 -0201-040-00 $194.06 2
901 -0201-041-00 2 $194.06
901 -0201-042-00 $194.06 2
PART E - 1 06/05/23
Packet Page 227

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0201-043-00 $194.06 2
901 -0201-044-00 $194.06 2
901 -0201-045-00 $194.06 2
901 -0201-046-00 $194.06 2
901 -0201-047-00 $194.06 2
901 -0201-048-00 $194.06 2
901 -0201-049-00 $194.06 2
901 -0201-050-00 $194.06 2
901 -0201-051-00 $194.06 2
901 -0201-052-00 $194.06 2
901 -0201-053-00 $194.06 2
901 -0201-054-01 $194.06 2
901 -0201-055-03 $194.06 2
901 -0201-056-00 $194.06 2
901 -0201-057-00 $194.06 2
901 -0201-058-00 $194.06 2
901 -0201-059-00 $194.06 2
901 -0201-060-02 $194.06 2
901 -0201-061-00 $194.06 2
901 -0201-062-00 $194.06 2
901 -0201-063-00 $194.06 2
901 -0201-064-00 $194.06 2
901 -0201-065-00 $194.06 2
901 -0201-066-00 $194.06 2
901 -0201-067-00 $194.06 2
901 -0201-068-00 $194.06 2
901 -0201-069-00 $194.06 2
901 -0201-070-00 $194.06 2
901 -0201-071-00 $194.06 2
901 -0201-072-00 $194.06 2
901 -0201-073-00 $194.06 2
901 -0201-074-00 $194.06 2
901 -0201-075-00 $194.06 2
901 -0201-076-00 $194.06 2
901 -0201-077-00 $194.06 2
901 -0201-078-00 $194.06 2
901 -0201-079-00 $194.06 2
901 -0201-080-00 $194.06 2
901 -0201-081-00 $194.06 2
901 -0201-082-00 $194.06 2
901 -0201-083-00 $194.06 2
901 -0201-084-00 $194.06 2
901 -0201-085-00 $194.06 2
901 -0201-086-00 $194.06 2
901 -0201-087-00 $194.06 2
901 -0201-088-00 $194.06 2
901 -0201-089-00 $194.06 2
901 -0201-090-00 $194.06 2
901 -0201-091-00 $194.06 2
901 -0201-092-00 $194.06 2
901 -0201-093-00 2 $194.06
901 -0201-094-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0201-095-00 $194.06 2
901 -0201-096-00 $194.06 2
901 -0201-097-00 $194.06 2
901 -0201-098-00 $194.06 2
901 -0201-099-00 $194.06 2
901 -0201-100-00 $194.06 2
901 -0201-101-00 $194.06 2
901 -0201-102-00 $194.06 2
901 -0201-103-00 $194.06 2
901 -0201-104-00 $194.06 2
901 -0201-105-00 $194.06 2
901 -0201-106-00 $194.06 2
901 -0201-107-00 $194.06 2
901 -0201-108-00 $194.06 2
901 -0201-109-00 $194.06 2
901 -0201-110-00 $194.06 2
901 -0201-111-00 $194.06 2
901 -0202-007-00 $194.06 2
901 -0202-008-00 $194.06 2
901 -0202-009-00 $194.06 2
901 -0202-010-00 $194.06 2
901 -0202-011-00 $194.06 2
901 -0202-012-00 $194.06 2
901 -0202-013-00 $194.06 2
901 -0202-014-00 $194.06 2
901 -0202-015-00 $194.06 2
901 -0202-016-00 $194.06 2
901 -0202-017-00 $194.06 2
901 -0202-018-00 $194.06 2
901 -0202-019-00 $194.06 2
901 -0202-020-00 $194.06 2
901 -0202-021-00 $194.06 2
901 -0202-022-00 $194.06 2
901 -0202-023-00 $194.06 2
901 -0202-024-00 $194.06 2
901 -0202-025-00 $194.06 2
901 -0202-026-00 $194.06 2
901 -0202-027-00 $194.06 2
901 -0202-028-00 $194.06 2
901 -0202-029-00 $194.06 2
901 -0202-030-00 $194.06 2
901 -0202-031-00 $194.06 2
901 -0202-032-00 $194.06 2
901 -0202-033-00 $194.06 2
901 -0202-034-00 $194.06 2
901 -0202-035-00 $194.06 2
901 -0202-036-00 $194.06 2
901 -0202-037-00 $194.06 2
901 -0202-038-00 $194.06 2
901 -0202-039-00 $194.06 2
901 -0202-040-00 2 $194.06
901 -0202-041-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0202-042-00 $194.06 2
901 -0202-043-00 $194.06 2
901 -0202-044-00 $194.06 2
901 -0202-045-00 $194.06 2
901 -0202-046-00 $194.06 2
901 -0202-047-00 $194.06 2
901 -0202-048-00 $194.06 2
901 -0202-049-00 $194.06 2
901 -0202-050-00 $194.06 2
901 -0202-051-00 $194.06 2
901 -0202-052-00 $194.06 2
901 -0202-053-00 $194.06 2
901 -0202-054-00 $194.06 2
901 -0202-055-00 $194.06 2
901 -0202-056-00 $194.06 2
901 -0202-057-00 $194.06 2
901 -0202-058-00 $194.06 2
901 -0202-059-00 $194.06 2
901 -0202-060-00 $194.06 2
901 -0202-061-00 $194.06 2
901 -0202-062-00 $194.06 2
901 -0202-063-00 $194.06 2
901 -0202-064-00 $194.06 2
901 -0202-065-00 $194.06 2
901 -0202-066-00 $194.06 2
901 -0202-067-00 $194.06 2
901 -0202-068-00 $194.06 2
901 -0202-069-00 $194.06 2
901 -0202-070-00 $194.06 2
901 -0202-071-00 $194.06 2
901 -0202-072-00 $194.06 2
901 -0202-073-00 $194.06 2
901 -0202-074-00 $194.06 2
901 -0202-075-00 $194.06 2
901 -0202-076-00 $194.06 2
901 -0202-077-00 $194.06 2
901 -0202-078-00 $194.06 2
901 -0202-079-00 $194.06 2
901 -0202-080-00 $194.06 2
901 -0202-081-00 $194.06 2
901 -0202-082-00 $194.06 2
901 -0202-083-00 $194.06 2
901 -0202-084-00 $194.06 2
901 -0202-085-00 $194.06 2
901 -0202-086-00 $194.06 2
901 -0202-087-00 $194.06 2
901 -0202-088-00 $194.06 2
901 -0202-089-00 $194.06 2
901 -0202-090-00 $194.06 2
901 -0202-091-00 $194.06 2
901 -0203-005-00 2 $194.06
901 -0203-006-00 $194.06 2
PART E - 2 06/05/23
Packet Page 228

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0203-007-00 $194.06 2
901 -0203-008-00 $194.06 2
901 -0203-009-00 $194.06 2
901 -0203-010-00 $194.06 2
901 -0203-011-00 $194.06 2
901 -0203-012-00 $194.06 2
901 -0203-013-00 $194.06 2
901 -0203-014-00 $194.06 2
901 -0203-015-00 $194.06 2
901 -0203-016-00 $194.06 2
901 -0203-017-00 $194.06 2
901 -0203-018-00 $194.06 2
901 -0203-019-00 $194.06 2
901 -0203-020-00 $194.06 2
901 -0203-021-00 $194.06 2
901 -0203-022-00 $194.06 2
901 -0203-023-00 $194.06 2
901 -0203-024-00 $194.06 2
901 -0203-025-00 $194.06 2
901 -0203-026-00 $194.06 2
901 -0203-027-00 $194.06 2
901 -0203-028-00 $194.06 2
901 -0203-029-00 $194.06 2
901 -0203-030-00 $194.06 2
901 -0203-031-00 $194.06 2
901 -0203-032-00 $194.06 2
901 -0203-033-00 $194.06 2
901 -0203-034-00 $194.06 2
901 -0203-035-00 $194.06 2
901 -0203-036-00 $194.06 2
901 -0203-037-00 $194.06 2
901 -0203-038-00 $194.06 2
901 -0203-039-00 $194.06 2
901 -0203-040-00 $194.06 2
901 -0203-041-00 $194.06 2
901 -0203-042-00 $194.06 2
901 -0203-043-00 $194.06 2
901 -0203-044-00 $194.06 2
901 -0203-045-00 $194.06 2
901 -0203-046-00 $194.06 2
901 -0203-047-00 $194.06 2
901 -0203-048-00 $194.06 2
901 -0203-049-00 $194.06 2
901 -0203-050-00 $194.06 2
901 -0203-051-00 $194.06 2
901 -0203-052-00 $194.06 2
901 -0203-053-00 $194.06 2
901 -0203-054-00 $194.06 2
901 -0203-055-00 $194.06 2
901 -0203-056-00 $194.06 2
901 -0203-057-00 2 $194.06
901 -0203-058-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0203-059-00 $194.06 2
901 -0203-060-00 $194.06 2
901 -0203-061-00 $194.06 2
901 -0203-062-00 $194.06 2
901 -0203-063-00 $194.06 2
901 -0203-064-00 $194.06 2
901 -0203-065-00 $194.06 2
901 -0203-066-00 $194.06 2
901 -0203-067-00 $194.06 2
901 -0203-068-00 $194.06 2
901 -0203-069-00 $194.06 2
901 -0203-070-00 $194.06 2
901 -0203-071-00 $194.06 2
901 -0203-072-00 $194.06 2
901 -0203-073-00 $194.06 2
901 -0203-074-00 $194.06 2
901 -0203-075-00 $194.06 2
901 -0203-076-00 $194.06 2
901 -0203-077-00 $194.06 2
901 -0203-078-00 $194.06 2
901 -0203-079-00 $194.06 2
901 -0203-080-00 $194.06 2
901 -0203-081-00 $194.06 2
901 -0203-082-00 $194.06 2
901 -0203-083-00 $194.06 2
901 -0203-084-00 $194.06 2
901 -0203-085-00 $194.06 2
901 -0203-086-00 $194.06 2
901 -0203-087-00 $194.06 2
901 -0203-088-00 $194.06 2
901 -0203-089-00 $194.06 2
901 -0203-090-00 $194.06 2
901 -0203-091-00 $194.06 2
901 -0203-092-00 $194.06 2
901 -0203-093-00 $194.06 2
901 -0203-094-00 $194.06 2
901 -0203-095-00 $194.06 2
901 -0203-096-00 $194.06 2
901 -0203-097-00 $194.06 2
901 -0203-098-00 $194.06 2
901 -0203-099-00 $194.06 2
901 -0203-100-00 $194.06 2
901 -0203-101-00 $194.06 2
Total Parcels: 407
Total Assessment: $111,988.92
PART E - 3 06/05/23
Packet Page 229

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
Fiscal Year 2023-24

SUMMARY
Parcel Assessment
21 $ 37,081.76
Zone No. 2 386 $ 74,907.16
Total 407 $ 111,988.92
Zone No. 1
Zone
Packet Page 230
Landscaping and Lighting District No. 6
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
Packet Page 231
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 6 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 .................................................... 16 Packet Page 232
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 6 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 6
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
Packet Page 233

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 6 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) may levy and collect special assessments on parcels within the City of Newark Landscaping and Lighting District No. 6 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of streetlights and landscaping improvements within the public right-ofway benefiting parcels within the boundaries of the District.

The District generally consists of those properties north of Cedar Boulevard, east of Balentine Drive, south of Interstate 880, and west of Stevenson Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

Packet Page 234

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 6 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

Packet Page 235

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 6
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:

Packet Page 236

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 6 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.

Packet Page 237

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 6 PLANS AND SPECIFICATIONS 5 PART A

Packet Page 238

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 6 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 239

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 6 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 are generally described as follows:

The maintenance of street lighting and median and buffer landscaping within the public right-of-way and the landscape irrigation system within the easement areas along Cedar Boulevard, Balentine Drive, John Muir Drive and Mowry School Road, as well as the Stevenson Boulevard frontages of properties within the District. In addition, the District funds the art element at the corner of Stevenson Boulevard and Balentine Drive. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, and replacement and replanting costs.

The maintenance of medians on Stevenson Boulevard is funded by the assessments from another City assessment district (Landscaping and Lighting District No. 4). In addition, all frontage maintenance is performed by the property owners, excluding those areas noted above along Stevenson Boulevard.

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

Packet Page 240

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ESTIMATE OF COSTS 8 PART B

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

Projected Revenues
Assessment Revenue $0
Non-Assessment Revenues $0
Total Projected Revenues $0
Projected Expenses
Contract Services $0
Utilities $0
Administration and Incidentals $0
County Collection Fees $0
Unforeseen Maintenance and Repairs1 $0
Total Projected Expenses $0
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 ($48,426)
Reserve Fund Collection Increase/(Decrease) $0
Ending Fund Balance - June 30, 2024 ($48,426)
Recommended Operating Reserves $0
Available Operating Reserves ($48,426)
Available Capital Reserves $0
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 6
Fiscal Year 2023-24 Cost Estimate
Packet Page 241

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 6 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.

Packet Page 242

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 6 ASSESSMENT DIAGRAM 10 PART C

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

Packet Page 243

BALENTINE DR

MOWRY SCHOOL RD

NEWPARK MALL

NEWPARK PL

CEDAR BL

GLOBE PL

JOHN MUIR DR

STEVENSON BL

PELTON TE

JOAQUIN MURIETA AV

SAWYER TE

CHERRY ST

RILEY WY

CRESPI WY

STEVENSON BL

JOAQUIN MURIETA AV

ASSESSMENT DIAGRAM
Legend
LLD No. 6 Boundary
Parcels ± 0 750 1,500
Feet
(CEDAR BLVD., BALENTINE DRIVE, MOWRY SCHOOL ROAD)
LANDSCAPING AND LIGHTING DISTRICT NO. 6
Packet Page 244

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 12 PART D

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.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 13 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 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 District'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 can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit areas contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit areas can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit areas contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 14 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

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 of Work at the time of District formation determined the costs of maintaining medians on Cedar Boulevard was to be spread to each property fronting Cedar Boulevard on a front footage basis. All other District costs are spread on an acreage basis to all parcels within the District. This methodology distributes assessments in proportion to the estimated special benefit conferred to property and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.

However, the City is not proposing to levy any assessments on property within the District in Fiscal Year 2023-24. Should costs arise that require the need to levy an assessment in the future, the costs of maintaining the medians on Cedar Boulevard would be apportioned to assessable property within the District on a front footage basis to all property with frontage along Willow Avenue, and all other costs would be apportioned to assessable property on an acreage basis.

These types of parcels do not benefit from the improvements.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 6 METHOD OF APPORTIONMENT 15 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. 6 ASSESSMENT ROLL 16 PART E

The City is not proposing to levy any assessments on property within the District for Fiscal Year 2023-24. Therefore, the total proposed assessment for Fiscal Year 2023-24 is $0.00.

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Landscaping and Lighting District No. 7
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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 .................................................... 15 Packet Page 251
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 7 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 7
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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. 7 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of streetlights and landscaping improvements within the public rightof-way benefiting parcels within the boundaries of the District.

The District generally consists of those properties along and adjacent to Newark Boulevard between Jarvis Avenue and Cedar Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 7 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 7
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:

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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 maintenance of buffer landscaping and the irrigation system within the public rightof-way and easement areas along Jarvis Avenue, Newark Boulevard, and the Cedar Boulevard frontages of the Rosemont Shopping Center.

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

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ESTIMATE OF COSTS 8 PART B

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

Projected Revenues
Assessment Revenue $25,592
Non-Assessment Revenues $0
Total Projected Revenues $25,592
Projected Expenses
Contract Services ($6,751)
Utilities ($12,521)
Administration and Incidentals ($4,693)
County Collection Fees ($435)
Unforeseen Maintenance and Repairs $0
Total Projected Expenses ($24,400)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 ($3,875)
Reserve Fund Collection Increase/(Decrease) $1,192
Ending Fund Balance - June 30, 2024 ($2,683)
Recommended Operating Reserves $12,200
Available Operating Reserves ($2,683)
Available Capital Reserves1 $0
1 $1,100 w ill be needed for future Plant Replacement projects.

Landscaping and Lighting District No. 7
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ASSESSMENT DIAGRAM 10 PART C

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

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NEWARK BL

JARVIS AV

CEDAR BL

BLACKBURN DR

CHAPMAN DR

ABINGTON DR

DOVER CT

REYMOUTH DR

ABINGTON CT

JARVIS AV

ASSESSMENT DIAGRAM
Legend
LLD No. 7 Boundary
Parcels
± 0 350 700
Feet
(NEWARK BOULEVARD AT JARVIS AVENUE)
LANDSCAPING AND LIGHTING DISTRICT NO. 7
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 METHOD OF APPORTIONMENT 12 PART D

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 public lights, landscaping, and appurtenant facilities. The 1972 Act further requires 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 reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 METHOD OF APPORTIONMENT 13 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.

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 the costs of maintaining landscaping was to be spread proportionately based on each property’s gross square footage of the buildings, or on a building square footage basis. Costs will be apportioned to any undeveloped or vacant parcels based on the maximum building size Packet Page 265

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 METHOD OF APPORTIONMENT 14 permitted by the City on the parcel. This methodology distributes assessments in proportion to the estimated special benefit conferred to property 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 $0.187 per building square foot 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.

These types of parcels do not benefit from the improvements.

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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2023-24 is $25,591.66.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 7

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0720-007-00 $7,192.02
092A-0720-009-00 $4,527.64
092A-0720-010-00 $673.94
092A-0720-012-00 $1,069.64
092A-0720-013-00 $1,825.12
092A-0720-014-00 $1,870.00
092A-0720-018-00 $943.22
092A-0720-019-00 $2,315.80
092A-0720-020-00 $391.02
092A-0720-021-00 $391.02
092A-0720-024-00 $1,400.26
092A-0720-025-00 $1,647.46
092A-0720-026-00 $1,344.52
Total Parcels: 13
Total Assessment: $25,591.66
PART E - 1 06/05/23
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Landscaping and Lighting District No. 10
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 10 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....................................................13 Part C – Assessment District Diagram ................................15 Part D – Method of Apportionment of Assessments............ 16 Part E - Assessment Roll .................................................... 20

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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 10 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 10
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 10 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) may levy and collect special assessments on parcels within the City of Newark Landscaping and Lighting District No. 10 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscaping and streetlight improvements within the boundaries of the District.

The District generally consists of those properties within multiple developments located at various locations throughout the City. 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.

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 (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.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 10 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. 10 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 10
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:

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

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 10 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 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 maintenance and operation of median-island and buffer landscaping and the landscape irrigation system and streetlights located within the zones of benefit in the District. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram 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 within each of the benefit zones follows. • 10a. The maintenance of Jarvis Avenue and Lido Boulevard median-island and street landscaping, and lighting adjacent to the boundaries of Tract 5318, Lexington Square.
• 10b. Maintenance of landscaping and the landscape irrigation system within easement areas adjacent to the public right-of-way on the north side of Central Avenue between the Nimitz Freeway and Timber Street.
• 10c. Maintenance of landscaping and the landscape irrigation system within easement areas adjacent to the public right-of-way on Morton Avenue for Geomax. • 10d. Maintenance of landscaping and the landscape irrigation system within easement areas adjacent to the public right-of-way on Enterprise Court and Enterprise Drive for Parcel 1 of Tentative Parcel Map 5109. • 10e. Maintenance of landscaping and the landscape irrigation system adjacent to Cedar Boulevard south of Mowry Avenue for Jiffy Lube.
• 10f. Maintenance of landscaping and the landscape irrigation system for the apartment complex at the intersection of Rich Avenue and Magnolia Street. • 10g. Maintenance of landscaping and the landscape irrigation system within easement areas on Smith Avenue and Cedar Boulevard for the Cedar Boulevard Neighborhood Church.
• 10h. Maintenance of landscaping and the landscape irrigation system within easement areas for the parcel adjacent to Eucalyptus Grove Park.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 8 • 10i. Maintenance of landscaping and the landscape irrigation system within easement areas and the public right-of-way on Cherry Street for Thoro Systems. • 10j. Maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas for the King & Lyons development at Thornton Avenue and Willow Street.
• 10k. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Central Avenue for Bay Mirror. • 10l. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas on Cedar Boulevard near Moores Avenue for Empire Tractor.
• 10m. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Mowry Avenue for the property at the northeast corner of Mowry Avenue and Cedar Boulevard. • 10n. The maintenance of street lighting within the public right-of-way and landscaping and the landscape irrigation system within the public right-of-way and easement areas adjacent to the public right-of-way on Cedar Boulevard and Balentine Drive for TJ Maxx.
• 10o. The maintenance of street lighting within the public right-of-way and landscaping and the landscape irrigation system within the public right-of-way and the easement areas adjacent to the public right-of-way on Newark Boulevard and Cedar Boulevard for Lido Faire Shopping Center.
• 10p. The maintenance of street lighting within the public right-of-way and landscaping and the landscape irrigation system within the public right-of-way on Sycamore Street for B.K. Mills.
• 10q. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Magnolia Street for the Moose Lodge.
• 10r. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Central Avenue at the Southern Pacific Railroad right-of-way for Leslie Salt Company.
• 10s. The maintenance of landscaping and the landscape irrigation system within landscape easement areas on Cedar Boulevard at Central Avenue for Parcel 1 of Parcel Map 4073.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 9 • 10t. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard north of Lake Boulevard for Lot 5 of Tract 5361.
• 10u. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Magnolia Street south of Graham Avenue for Parcel 1 of Parcel Map 6178.
• 10v. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Smith Avenue west of Cherry Street for Parcel 4 of Parcel Map 1427.
• 10w. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard and Mowry Avenue for Parcels 1, 2, 3, and 6 of Parcel Map 3028.
• 10x. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on the cul-de-sac of Enterprise Court at 37569 Enterprise Court.
• 10y. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Magnolia Street and Graham Avenue at 37088 Magnolia Street (formerly 6963 Graham Avenue). • 10z. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on the Thornton Avenue and Locust Street frontage of 37010 Locust Street.
• 10aa. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Enterprise Drive and Hickory Street at 8610 Enterprise Drive.
• 10ac. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Thornton Avenue and Sycamore Street at 7275 Thornton Avenue.
• 10ad. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Thornton Avenue at 6152 Thornton Avenue.
• 10ae. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard south of Mowry Avenue.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 10 • 10af. The maintenance of landscaping, the landscape irrigation system, and the concrete block wall within the public right-of-way and adjacent easement areas on Mowry Avenue and Cedar Boulevard for the shopping center that includes 5789 Mowry Avenue.
• 10ag. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Hickory Street at 37137 Hickory Street.
• 10ah. The maintenance of median-island landscaping and lighting, and street frontage landscaping up to 30 feet in width along all streets within the boundaries of Bridgeway Technology Park on Fircrest Street.
• 10ai. The maintenance of lighting within public right-of-way and landscaping and landscape irrigation system within easement areas adjacent to the public right-of-way along Dairy Avenue, Newark Boulevard, and Thornton Avenue for the Foxwood condominium project.
• 10aj. The maintenance of lighting within public right-of-way and landscaping and landscape irrigation system within easement areas adjacent to the public right-of-way on Magnolia Street, Graham Avenue, and Sycamore Street for the Summerhill Apartments.
• 10ak. The maintenance of lighting within public right-of-way and landscaping and landscape irrigation system within easement areas adjacent to the public right-of-way on Cherry Street and Dairy Avenue for the Summerhill Apartments. • 10al. Maintenance of landscaping, landscape irrigation and lighting within the entire street right-of-way of Potrero Avenue; the easterly portion of Cherry Street, Buena Vista Drive and Parada Street contiguous to Tract 5869; and the easterly portion of Parada Street contiguous to Tract 5810; and the northerly portion of Stevenson Boulevard contiguous to Tract 5810, excluding the median islands within Cherry Street and Stevenson Boulevard.
• 10am. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas on Smith Avenue for the Oatey Company.
• 10an. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Thornton Avenue at Cedar Boulevard for Newark Square shopping center.
• 10ao. The maintenance and/or construction of landscaping and the irrigation system within the public right-of-way and adjacent easement areas on the Mowry School Road frontage of the property to the rear of Fremont Ford.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 11 • 10ap. The construction and maintenance of landscaping and an irrigation system within the public right-of-way and adjacent easement areas on Morton Avenue for Morton Salt.
• 10aq. Construction and maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas on the Cedar Boulevard frontage of the shopping center on the northwest corner of Newark Boulevard and Cedar Boulevard.
• 10ar. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Central Avenue and on Clark Avenue for Matheson Gas.
• 10as. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Smith Avenue at 6565 Smith Avenue.
• 10at. The construction and/or maintenance of the Art in Public Places Element required in accordance with Newark City Council Resolution No. 5682 within the public right-of-way and/or adjacent easement areas on Parcels 1 and 2 of Tract 5343. • 10au. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Newark Boulevard at 35193 Newark Boulevard.
• 10av. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cedar Boulevard at 37300 Cedar Boulevard.
• 10aw. The maintenance and/or construction of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Fircrest Street at Assessor's Parcel No. 537-460-12-3.
• 10ax. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Enterprise Drive and Willow Street at 8400 Enterprise Drive.
• 10ay. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Mowry Avenue and Cherry Street.
• 10az. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Balentine Drive at Parcel 1 of Parcel Map 6692.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 10 PLANS AND SPECIFICATIONS 12 • 10ba. The maintenance and/or construction of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cherry Street north of Thornton Avenue.
• 10bb. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Jarvis Avenue and Newark Boulevard.
• 10bc. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Cherry Street south of Robertson Avenue.
• 10bd. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement areas on Filbert Street and Central Avenue.
• 10be. The maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement along the street frontage on Balentine Drive.

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ESTIMATE OF COSTS 13 PART B

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

Projected Revenues1
Assessment Revenue $0
Non-Assessment Revenues $0
Total Projected Revenues $0
Projected Expenses1
Contract Services $0
Utilities $0
Administration and Incidentals $0
County Collection Fees $0
Unforeseen Maintenance and Repairs $0
Total Projected Expenses $0
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $0
Reserve Fund Collection Increase/(Decrease) $0
Ending Fund Balance - June 30, 2024 $0
Recommended Operating Reserves $0
Available Operating Reserves $0
Available Capital Reserves $0
1 There are no proposed expenses for the District or any of the zones because all the maintenance is being performed by the property ow ners w ithin each zone of benefit. For this reason, there w ill be no assessments levied in Fiscal Year 2023-24.

Landscaping and Lighting District No. 10
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 10 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.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ASSESSMENT DIAGRAM 15 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. The Diagram is on file in the Public Works Department of the City. 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.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 16 PART D

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.

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 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.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 17 each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that may benefit from the improvement both within and outside the City and within and outside each zone of benefit, and then allocated the costs to maintain, service, and replace each improvement type to each identified property.

In reviewing each of the District’s zone improvements, the proximity of those improvements to both properties within the District’s zones and those outside the District’s zones, 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’s benefit zones 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’s benefit zones and were not required, nor necessarily desired by any properties or developments outside each benefit zone’s boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District’s benefit zones or to the public at large, but clearly provide distinct and special benefits to properties within the District.

The District consists of all Assessor Parcels within the boundaries of the benefit zones within 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 to the properties within the boundaries of each benefit zone within 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.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 18 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 and associated benefit zones. These special benefits are not dependent on any one property owner's use of the District'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 landscape and lighting improvements. The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit areas contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit areas can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit areas contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties. • Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

These benefits, when applied to property in each of the zones of benefit within the District, specifically increase the utility of the property within each of the zones in the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within each zone of the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of Packet Page 289

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 10 METHOD OF APPORTIONMENT 19 the properties.

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 zone of benefits costs should be spread on the basis of frontage to each property in each zone that front the work and areas to be serviced and maintained. Therefore, it was determined that the most appropriate method of apportioning costs was to assess properties based on a front footage basis. 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.

However, the City is not proposing to levy any assessments on property within the District or any of the zones of benefit in Fiscal Year 2023-24. Should costs arise that require the need to levy an assessment in the future, the costs of maintaining each zone’s improvements would be apportioned to assessable property within the zone on a front footage basis to all property fronting the work and areas to be service and maintained.

Should an assessment be levied in the future, publicly owned properties within the District 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 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.

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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 10 ASSESSMENT ROLL 20 PART E

The City is not proposing to levy any assessments on property within the District for Fiscal Year 2023-24. Therefore, the total proposed assessment for Fiscal Year 2023-24 is $0.00.

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Landscaping and Lighting District No. 11
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 ....................................................15

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CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 11 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 11
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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. 11 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape improvements within and adjacent to the boundaries of the District.

The District generally consists of those properties south of Interstate 880, west of Elmwood Avenue and Blackwood Drive, north of Cedar Boulevard and those properties along and north of Lake Boulevard, and east of State Route 84. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-ofway. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 11 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 11
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:

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

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 maintenance and operation of medians on Edgewater Drive, Lake Boulevard, and Parkshore Drive. Costs include all maintenance and operational costs including normal upkeep, operating expenses, management expenses, replacement, and replanting costs.

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

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ESTIMATE OF COSTS 8 PART B

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

Projected Revenues
Assessment Revenue $28,175
Non-Assessment Revenues $0
Total Projected Revenues $28,175
Projected Expenses
Contract Services ($18,002)
Utilities ($473)
Administration and Incidentals ($8,903)
County Collection Fees ($479)
Unforeseen Maintenance and Repairs1 ($1,393)
Total Projected Expenses ($29,249)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $80,511
Reserve Fund Collection Increase/(Decrease) ($1,074)
Ending Fund Balance - June 30, 2024 $79,437
Recommended Operating Reserves $13,928
Available Operating Reserves $13,928
Available Capital Reserves2 $65,509
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $51,850 for future Plant Replacement projects.

Landscaping and Lighting District No. 11
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ASSESSMENT DIAGRAM 10 PART C

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

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SR84 EB
SR84 WB

CEDAR BL

LAKE BL

NEWARK BL

JARVIS AV

EDGEWATER DR

DARVON ST

LIDO BL

DUPONT AV

BLACKBURN DR

CHAPMAN DR

RUSCHIN DR

CHARLES ST

PARKSHORE DR

CHELSEA DR

RAMSGATE DR

SANDALWOOD ST

REYMOUTH DR

ENFIELD DR

MCDONALD AV

FARNHAM DR

SALISBURY DR

LUNDY DR

ABINGTON DR

TENAYA AV

LAFAYETTE AV

ELMWOOD AV

VINEWOOD ST

CARDIFF ST

PORTSMOUTH AV

LAKEWOOD DR

SCARBOROUGH DR

FERNWOOD DR

BLACKWOOD DR

RAVENWOOD AV

CHANNEL DR
I880 NB

TUDOR PL

SEVERN DR

WINDERMERE DR
NEWARK ON SR84 RAMP EB

WINSFORD CT

FORESTWOOD DR

NORWICH PL

SHERIDAN CT

MAIDSTONE CT

LIDO CT

TUNBRIDGE DR

PRESTON PL

STAFFORD PL

BUCKINGHAM CT

ABBOTFORD CT

CORNWALL PL

DORCHESTER CT

TYNE PL

ROCKPORT CT

DOVER CT

DERBY PL

HUMBER PL

ASSESSMENT DIAGRAM
Legend
LLD No. 11 Boundary
Parcels
± 0 1,350 2,700
Feet
(EDGEWATER DRIVE/LAKE AREA)
LANDSCAPING AND LIGHTING DISTRICT NO. 11
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 METHOD OF APPORTIONMENT 12 PART D

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.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 METHOD OF APPORTIONMENT 13 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.

The identified special benefits conferred to property from the median landscape improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive median landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained median landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Median landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties in the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the median landscaping that improves safety and provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

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 of Work 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 Packet Page 307

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 METHOD OF APPORTIONMENT 14 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 collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $25.00 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 E
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2023-24 is $28,175.00.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0712-002-00 $25.00
092A-0712-003-00 $25.00
092A-0712-004-00 $25.00
092A-0712-005-00 $25.00
092A-0712-006-00 $25.00
092A-0712-007-00 $25.00
092A-0712-008-00 $25.00
092A-0712-009-00 $25.00
092A-0712-010-00 $25.00
092A-0712-011-00 $25.00
092A-0712-012-00 $25.00
092A-0712-013-00 $25.00
092A-0712-014-00 $25.00
092A-0712-015-00 $25.00
092A-0712-016-00 $25.00
092A-0712-017-00 $25.00
092A-0712-018-00 $25.00
092A-0712-019-00 $25.00
092A-0712-020-00 $25.00
092A-0712-021-00 $25.00
092A-0712-022-00 $25.00
092A-0712-023-00 $25.00
092A-0712-024-00 $25.00
092A-0712-025-00 $25.00
092A-0712-026-00 $25.00
092A-0712-027-00 $25.00
092A-0712-028-00 $25.00
092A-0712-029-00 $25.00
092A-0712-030-00 $25.00
092A-0712-031-00 $25.00
092A-0712-032-00 $25.00
092A-0712-033-00 $25.00
092A-0712-034-00 $25.00
092A-0712-035-00 $25.00
092A-0712-036-00 $25.00
092A-0712-037-00 $25.00
092A-0712-038-00 $25.00
092A-0712-039-00 $25.00
092A-0712-040-00 $25.00
092A-0712-041-00 $25.00
092A-0712-042-00 $25.00
092A-0712-043-00 $25.00
092A-0712-044-00 $25.00
092A-0712-045-00 $25.00
092A-0712-046-00 $25.00
092A-0712-047-00 $25.00
092A-0712-048-00 $25.00
092A-0712-049-00 $25.00
092A-0712-050-00 $25.00
092A-0712-051-00 $25.00
092A-0712-052-00 $25.00
092A-0712-053-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0712-054-00 $25.00
092A-0712-055-00 $25.00
092A-0712-056-00 $25.00
092A-0712-057-00 $25.00
092A-0712-058-00 $25.00
092A-0712-059-00 $25.00
092A-0712-060-00 $25.00
092A-0712-061-00 $25.00
092A-0712-062-00 $25.00
092A-0712-063-00 $25.00
092A-0712-064-00 $25.00
092A-0712-065-00 $25.00
092A-0712-066-00 $25.00
092A-0712-067-00 $25.00
092A-0712-068-00 $25.00
092A-0712-069-00 $25.00
092A-0712-070-00 $25.00
092A-0712-071-00 $25.00
092A-0712-072-00 $25.00
092A-0712-073-00 $25.00
092A-0712-074-00 $25.00
092A-0712-075-00 $25.00
092A-0712-076-00 $25.00
092A-0712-077-00 $25.00
092A-0712-078-00 $25.00
092A-0712-079-00 $25.00
092A-0713-001-00 $25.00
092A-0713-002-00 $25.00
092A-0713-003-00 $25.00
092A-0713-004-00 $25.00
092A-0713-005-00 $25.00
092A-0713-006-00 $25.00
092A-0713-007-00 $25.00
092A-0713-008-00 $25.00
092A-0713-009-00 $25.00
092A-0713-010-00 $25.00
092A-0713-011-00 $25.00
092A-0713-012-00 $25.00
092A-0713-013-00 $25.00
092A-0713-014-00 $25.00
092A-0713-015-00 $25.00
092A-0713-016-00 $25.00
092A-0713-017-00 $25.00
092A-0713-018-00 $25.00
092A-0713-019-00 $25.00
092A-0713-020-00 $25.00
092A-0713-021-00 $25.00
092A-0713-022-00 $25.00
092A-0713-023-00 $25.00
092A-0713-024-00 $25.00
092A-0713-025-00 $25.00
092A-0713-026-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0713-027-00 $25.00
092A-0713-028-00 $25.00
092A-0713-029-00 $25.00
092A-0713-030-00 $25.00
092A-0713-031-00 $25.00
092A-0713-032-00 $25.00
092A-0713-033-00 $25.00
092A-0713-034-00 $25.00
092A-0713-035-00 $25.00
092A-0713-036-00 $25.00
092A-0713-037-00 $25.00
092A-0713-038-00 $25.00
092A-0713-039-00 $25.00
092A-0713-040-00 $25.00
092A-0713-041-00 $25.00
092A-0713-042-00 $25.00
092A-0713-043-00 $25.00
092A-0713-044-00 $25.00
092A-0713-045-00 $25.00
092A-0713-046-00 $25.00
092A-0713-047-00 $25.00
092A-0713-048-00 $25.00
092A-0713-049-00 $25.00
092A-0713-050-00 $25.00
092A-0713-051-00 $25.00
092A-0713-052-00 $25.00
092A-0713-053-00 $25.00
092A-0715-001-00 $25.00
092A-0715-002-00 $25.00
092A-0715-003-00 $25.00
092A-0715-004-00 $25.00
092A-0715-005-00 $25.00
092A-0715-006-00 $25.00
092A-0715-007-00 $25.00
092A-0715-008-00 $25.00
092A-0715-009-00 $25.00
092A-0715-010-00 $25.00
092A-0715-011-00 $25.00
092A-0715-012-00 $25.00
092A-0715-013-00 $25.00
092A-0715-014-00 $25.00
092A-0715-015-00 $25.00
092A-0715-016-00 $25.00
092A-0715-017-01 $25.00
092A-0715-018-02 $25.00
092A-0715-019-00 $25.00
092A-0715-020-00 $25.00
092A-0715-021-00 $25.00
092A-0715-022-00 $25.00
092A-0715-023-00 $25.00
092A-0715-024-00 $25.00
092A-0715-025-00 $25.00
PART E - 1 06/05/23
Packet Page 310

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0715-026-00 $25.00
092A-0715-027-00 $25.00
092A-0715-028-00 $25.00
092A-0715-029-00 $25.00
092A-0715-030-00 $25.00
092A-0715-031-00 $25.00
092A-0715-032-00 $25.00
092A-0715-033-00 $25.00
092A-0715-034-00 $25.00
092A-0715-035-00 $25.00
092A-0715-036-00 $25.00
092A-0715-037-00 $25.00
092A-0715-038-00 $25.00
092A-0715-040-00 $25.00
092A-0715-041-00 $25.00
092A-0715-042-00 $25.00
092A-0715-043-00 $25.00
092A-0715-044-00 $25.00
092A-0715-045-00 $25.00
092A-0715-046-00 $25.00
092A-0715-047-00 $25.00
092A-0715-048-00 $25.00
092A-0715-049-00 $25.00
092A-0715-050-00 $25.00
092A-0715-051-00 $25.00
092A-0715-052-00 $25.00
092A-0715-053-00 $25.00
092A-0715-054-00 $25.00
092A-0715-055-00 $25.00
092A-0715-056-00 $25.00
092A-0715-057-00 $25.00
092A-0715-058-00 $25.00
092A-0715-059-00 $25.00
092A-0715-060-00 $25.00
092A-0715-061-00 $25.00
092A-0715-062-00 $25.00
092A-0715-063-00 $25.00
092A-0715-065-00 $25.00
092A-0715-066-00 $25.00
092A-0715-067-00 $25.00
092A-0715-068-00 $25.00
092A-0715-069-00 $25.00
092A-0715-070-00 $25.00
092A-0715-071-00 $25.00
092A-0715-072-00 $25.00
092A-0715-073-00 $25.00
092A-0715-074-00 $25.00
092A-0715-075-00 $25.00
092A-0715-076-00 $25.00
092A-0715-077-00 $25.00
092A-0715-078-00 $25.00
092A-0715-079-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0715-080-00 $25.00
092A-0715-081-00 $25.00
092A-0715-082-00 $25.00
092A-0715-083-00 $25.00
092A-0715-084-00 $25.00
092A-0715-085-00 $25.00
092A-0715-086-00 $25.00
092A-0715-087-00 $25.00
092A-0715-088-00 $25.00
092A-0715-089-00 $25.00
092A-0715-090-00 $25.00
092A-0715-091-00 $25.00
092A-0715-092-00 $25.00
092A-0715-093-00 $25.00
092A-0715-094-00 $25.00
092A-0715-095-00 $25.00
092A-0715-096-00 $25.00
092A-0715-097-00 $25.00
092A-0715-098-00 $25.00
092A-0715-099-00 $25.00
092A-0715-100-00 $25.00
092A-0715-101-00 $25.00
092A-0715-102-00 $25.00
092A-0715-103-00 $25.00
092A-0715-104-00 $25.00
092A-0715-105-00 $25.00
092A-0715-106-00 $25.00
092A-0715-107-00 $25.00
092A-0715-108-00 $25.00
092A-0716-001-00 $25.00
092A-0716-002-00 $25.00
092A-0716-003-00 $25.00
092A-0716-004-00 $25.00
092A-0716-005-00 $25.00
092A-0716-006-00 $25.00
092A-0716-007-00 $25.00
092A-0716-008-00 $25.00
092A-0716-009-00 $25.00
092A-0716-010-00 $25.00
092A-0716-011-00 $25.00
092A-0716-012-00 $25.00
092A-0716-013-00 $25.00
092A-0716-014-00 $25.00
092A-0716-015-00 $25.00
092A-0716-016-00 $25.00
092A-0716-017-00 $25.00
092A-0716-018-00 $25.00
092A-0716-019-00 $25.00
092A-0716-020-00 $25.00
092A-0716-021-00 $25.00
092A-0716-022-00 $25.00
092A-0716-024-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-025-00 $25.00
092A-0716-026-00 $25.00
092A-0716-028-00 $25.00
092A-0716-029-00 $25.00
092A-0716-030-00 $25.00
092A-0716-031-00 $25.00
092A-0716-032-00 $25.00
092A-0716-033-00 $25.00
092A-0716-034-00 $25.00
092A-0716-035-00 $25.00
092A-0716-036-00 $25.00
092A-0716-037-00 $25.00
092A-0716-038-00 $25.00
092A-0716-039-00 $25.00
092A-0716-040-00 $25.00
092A-0716-041-00 $25.00
092A-0716-042-00 $25.00
092A-0716-043-00 $25.00
092A-0716-044-00 $25.00
092A-0716-045-00 $25.00
092A-0716-046-00 $25.00
092A-0716-047-00 $25.00
092A-0716-048-00 $25.00
092A-0716-049-00 $25.00
092A-0716-050-00 $25.00
092A-0716-051-00 $25.00
092A-0716-052-00 $25.00
092A-0716-053-00 $25.00
092A-0716-054-00 $25.00
092A-0716-055-00 $25.00
092A-0716-056-00 $25.00
092A-0716-057-00 $25.00
092A-0716-058-00 $25.00
092A-0716-059-00 $25.00
092A-0716-060-00 $25.00
092A-0716-061-00 $25.00
092A-0716-062-00 $25.00
092A-0716-063-02 $25.00
092A-0716-064-01 $25.00
092A-0716-065-00 $25.00
092A-0716-066-00 $25.00
092A-0716-067-00 $25.00
092A-0716-068-00 $25.00
092A-0716-069-00 $25.00
092A-0716-071-00 $25.00
092A-0716-072-00 $25.00
092A-0716-073-00 $25.00
092A-0716-074-00 $25.00
092A-0716-075-00 $25.00
092A-0716-076-00 $25.00
092A-0716-077-00 $25.00
092A-0716-078-00 $25.00
PART E - 2 06/05/23
Packet Page 311

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-079-00 $25.00
092A-0716-080-00 $25.00
092A-0716-081-00 $25.00
092A-0716-082-00 $25.00
092A-0716-083-00 $25.00
092A-0716-084-00 $25.00
092A-0716-085-00 $25.00
092A-0716-086-00 $25.00
092A-0716-087-00 $25.00
092A-0716-088-00 $25.00
092A-0716-089-00 $25.00
092A-0716-090-00 $25.00
092A-0716-091-00 $25.00
092A-0716-092-00 $25.00
092A-0716-093-00 $25.00
092A-0716-094-00 $25.00
092A-0716-095-00 $25.00
092A-0716-096-00 $25.00
092A-0716-097-00 $25.00
092A-0716-098-00 $25.00
092A-0716-099-00 $25.00
092A-0716-100-00 $25.00
092A-0716-101-00 $25.00
092A-0716-102-00 $25.00
092A-0716-103-00 $25.00
092A-0716-104-00 $25.00
092A-0716-105-00 $25.00
092A-0716-106-00 $25.00
092A-0716-107-00 $25.00
092A-0716-108-00 $25.00
092A-0716-109-00 $25.00
092A-0716-110-00 $25.00
092A-0716-111-00 $25.00
092A-0716-112-00 $25.00
092A-0716-113-00 $25.00
092A-0716-114-00 $25.00
092A-0716-115-00 $25.00
092A-0716-116-00 $25.00
092A-0716-117-00 $25.00
092A-0716-118-00 $25.00
092A-0716-119-00 $25.00
092A-0716-120-00 $25.00
092A-0716-121-00 $25.00
092A-0716-122-00 $25.00
092A-0716-123-00 $25.00
092A-0716-124-00 $25.00
092A-0716-125-00 $25.00
092A-0716-126-00 $25.00
092A-0716-127-00 $25.00
092A-0716-128-00 $25.00
092A-0716-129-00 $25.00
092A-0716-130-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-131-00 $25.00
092A-0716-132-00 $25.00
092A-0716-133-00 $25.00
092A-0716-134-00 $25.00
092A-0716-135-00 $25.00
092A-0717-001-00 $25.00
092A-0717-002-00 $25.00
092A-0717-003-00 $25.00
092A-0717-004-00 $25.00
092A-0717-005-00 $25.00
092A-0717-006-00 $25.00
092A-0717-007-00 $25.00
092A-0717-008-00 $25.00
092A-0717-009-00 $25.00
092A-0717-010-00 $25.00
092A-0717-011-00 $25.00
092A-0717-013-00 $25.00
092A-0717-014-00 $25.00
092A-0717-015-00 $25.00
092A-0717-016-00 $25.00
092A-0718-001-00 $25.00
092A-0718-002-00 $25.00
092A-0718-003-00 $25.00
092A-0718-004-00 $25.00
092A-0718-005-00 $25.00
092A-0718-006-00 $25.00
092A-0718-007-00 $25.00
092A-0718-008-00 $25.00
092A-0718-009-00 $25.00
092A-0718-010-00 $25.00
092A-0718-011-00 $25.00
092A-0718-012-00 $25.00
092A-0718-013-00 $25.00
092A-0718-014-00 $25.00
092A-0718-015-00 $25.00
092A-0718-016-00 $25.00
092A-0718-017-00 $25.00
092A-0718-018-00 $25.00
092A-0718-019-00 $25.00
092A-0718-020-00 $25.00
092A-0718-021-00 $25.00
092A-0718-022-00 $25.00
092A-0718-023-00 $25.00
092A-0718-024-00 $25.00
092A-0718-025-00 $25.00
092A-0718-026-00 $25.00
092A-0718-027-00 $25.00
092A-0718-028-00 $25.00
092A-0718-029-00 $25.00
092A-0718-030-00 $25.00
092A-0718-031-00 $25.00
092A-0718-032-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0718-033-00 $25.00
092A-0718-034-00 $25.00
092A-0718-035-00 $25.00
092A-0718-036-00 $25.00
092A-0718-037-00 $25.00
092A-0718-038-00 $25.00
092A-0718-039-00 $25.00
092A-0718-040-00 $25.00
092A-0718-041-00 $25.00
092A-0718-042-00 $25.00
092A-0718-043-00 $25.00
092A-0718-044-00 $25.00
092A-0718-045-00 $25.00
092A-0718-046-00 $25.00
092A-0718-047-00 $25.00
092A-0718-048-00 $25.00
092A-0718-049-00 $25.00
092A-0718-050-00 $25.00
092A-0718-051-00 $25.00
092A-0718-052-00 $25.00
092A-0718-053-00 $25.00
092A-0718-054-00 $25.00
092A-0718-055-00 $25.00
092A-0718-056-00 $25.00
092A-0718-057-00 $25.00
092A-0718-059-00 $25.00
092A-0718-060-00 $25.00
092A-0718-061-00 $25.00
092A-0718-062-00 $25.00
092A-0718-063-00 $25.00
092A-0718-064-00 $25.00
092A-0718-065-00 $25.00
092A-0718-066-00 $25.00
092A-0718-067-00 $25.00
092A-0718-068-00 $25.00
092A-0718-069-00 $25.00
092A-0718-070-00 $25.00
092A-0718-071-00 $25.00
092A-0718-072-00 $25.00
092A-0718-073-00 $25.00
092A-0718-074-00 $25.00
092A-0718-075-00 $25.00
092A-0718-076-00 $25.00
092A-0718-077-00 $25.00
092A-0718-078-00 $25.00
092A-0718-079-00 $25.00
092A-0718-080-00 $25.00
092A-0724-007-00 $25.00
092A-0724-008-00 $25.00
092A-0724-009-00 $25.00
092A-0724-010-00 $25.00
092A-0724-011-00 $25.00
PART E - 3 06/05/23
Packet Page 312

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0724-012-00 $25.00
092A-0724-013-00 $25.00
092A-0724-014-00 $25.00
092A-0724-015-00 $25.00
092A-0724-016-00 $25.00
092A-0724-017-00 $25.00
092A-0724-018-00 $25.00
092A-0724-019-00 $25.00
092A-0724-020-00 $25.00
092A-0724-021-00 $25.00
092A-0724-022-00 $25.00
092A-0724-023-00 $25.00
092A-0724-024-00 $25.00
092A-0724-025-00 $25.00
092A-0724-026-00 $25.00
092A-0724-027-00 $25.00
092A-0724-028-00 $25.00
092A-0724-029-00 $25.00
092A-0724-030-00 $25.00
092A-0724-031-00 $25.00
092A-0724-032-00 $25.00
092A-0724-033-00 $25.00
092A-0724-034-00 $25.00
092A-0724-035-00 $25.00
092A-0724-036-00 $25.00
092A-0724-037-00 $25.00
092A-0724-038-00 $25.00
092A-0724-039-00 $25.00
092A-0724-040-00 $25.00
092A-0724-041-00 $25.00
092A-0724-042-00 $25.00
092A-0724-043-00 $25.00
092A-0724-044-00 $25.00
092A-0724-045-00 $25.00
092A-0724-046-00 $25.00
092A-0724-047-00 $25.00
092A-0724-048-00 $25.00
092A-0724-049-00 $25.00
092A-0724-050-00 $25.00
092A-0724-051-00 $25.00
092A-0724-052-00 $25.00
092A-0724-053-00 $25.00
092A-0724-054-00 $25.00
092A-0724-055-00 $25.00
092A-0724-056-00 $25.00
092A-0724-057-00 $25.00
092A-0724-058-00 $25.00
092A-0724-059-00 $25.00
092A-0724-060-00 $25.00
092A-0724-061-00 $25.00
092A-0724-062-00 $25.00
092A-0724-063-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0724-064-00 $25.00
092A-0724-066-00 $25.00
092A-0724-067-00 $25.00
092A-0724-068-00 $25.00
092A-0724-069-00 $25.00
092A-0724-070-00 $25.00
092A-0724-071-00 $25.00
092A-0724-072-00 $25.00
092A-0724-073-00 $25.00
092A-0724-074-00 $25.00
092A-0724-075-00 $25.00
092A-0724-076-00 $25.00
092A-0724-077-00 $25.00
092A-0724-078-00 $25.00
092A-0724-079-00 $25.00
092A-0724-080-00 $25.00
092A-0724-081-00 $25.00
092A-0724-082-00 $25.00
092A-0724-083-00 $25.00
092A-0724-084-00 $25.00
092A-0724-085-00 $25.00
092A-0724-086-00 $25.00
092A-0724-087-00 $25.00
092A-0724-088-00 $25.00
092A-0724-089-00 $25.00
092A-0724-090-00 $25.00
092A-0724-091-00 $25.00
092A-0724-092-00 $25.00
092A-0724-093-00 $25.00
092A-0724-094-00 $25.00
092A-0725-005-00 $25.00
092A-0725-006-00 $25.00
092A-0725-007-00 $25.00
092A-0725-008-00 $25.00
092A-0725-009-00 $25.00
092A-0725-010-00 $25.00
092A-0725-011-00 $25.00
092A-0725-012-00 $25.00
092A-0725-013-00 $25.00
092A-0725-014-00 $25.00
092A-0725-015-00 $25.00
092A-0725-016-00 $25.00
092A-0725-017-00 $25.00
092A-0725-018-00 $25.00
092A-0725-019-00 $25.00
092A-0725-020-00 $25.00
092A-0725-021-00 $25.00
092A-0725-022-00 $25.00
092A-0725-023-00 $25.00
092A-0725-024-00 $25.00
092A-0725-025-00 $25.00
092A-0725-026-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0725-027-00 $25.00
092A-0725-028-00 $25.00
092A-0725-029-00 $25.00
092A-0725-030-00 $25.00
092A-0725-031-00 $25.00
092A-0725-032-00 $25.00
092A-0725-034-00 $25.00
092A-0725-035-00 $25.00
092A-0725-036-00 $25.00
092A-0725-038-00 $25.00
092A-0725-039-00 $25.00
092A-0725-040-00 $25.00
092A-0725-041-00 $25.00
092A-0725-042-00 $25.00
092A-0725-043-00 $25.00
092A-0725-044-00 $25.00
092A-0725-045-00 $25.00
092A-0725-046-00 $25.00
092A-0725-047-00 $25.00
092A-0725-048-00 $25.00
092A-0725-049-00 $25.00
092A-0725-050-00 $25.00
092A-0725-051-00 $25.00
092A-0725-052-00 $25.00
092A-0725-059-00 $25.00
092A-0725-060-00 $25.00
092A-0725-063-00 $25.00
092A-0725-065-00 $25.00
092A-0725-066-00 $25.00
092A-0726-003-00 $25.00
092A-0726-004-00 $25.00
092A-0726-005-00 $25.00
092A-0726-006-00 $25.00
092A-0726-007-00 $25.00
092A-0726-008-00 $25.00
092A-0726-009-00 $25.00
092A-0726-010-00 $25.00
092A-0726-011-00 $25.00
092A-0726-012-00 $25.00
092A-0726-013-00 $25.00
092A-0726-014-00 $25.00
092A-0726-015-00 $25.00
092A-0726-016-00 $25.00
092A-0726-017-00 $25.00
092A-0726-018-00 $25.00
092A-0726-019-00 $25.00
092A-0726-020-00 $25.00
092A-0726-021-00 $25.00
092A-0726-022-00 $25.00
092A-0726-023-00 $25.00
092A-0726-024-00 $25.00
092A-0726-025-00 $25.00
PART E - 4 06/05/23
Packet Page 313

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0726-026-00 $25.00
092A-0726-027-00 $25.00
092A-0726-028-00 $25.00
092A-0726-029-00 $25.00
092A-0726-030-00 $25.00
092A-0726-031-00 $25.00
092A-0726-032-00 $25.00
092A-0726-033-00 $25.00
092A-0726-034-00 $25.00
092A-0726-035-00 $25.00
092A-0726-036-00 $25.00
092A-0726-037-00 $25.00
092A-0726-038-00 $25.00
092A-0726-039-00 $25.00
092A-0726-040-00 $25.00
092A-0726-041-00 $25.00
092A-0726-042-00 $25.00
092A-0726-043-00 $25.00
092A-0726-044-00 $25.00
092A-0726-045-00 $25.00
092A-0726-046-00 $25.00
092A-0726-047-00 $25.00
092A-0726-048-00 $25.00
092A-0726-049-00 $25.00
092A-0726-050-00 $25.00
092A-0726-051-00 $25.00
092A-0726-052-00 $25.00
092A-0726-053-00 $25.00
092A-0726-054-00 $25.00
092A-0726-055-00 $25.00
092A-0726-056-00 $25.00
092A-0726-057-00 $25.00
092A-0726-058-00 $25.00
092A-0726-059-00 $25.00
092A-0726-060-00 $25.00
092A-0726-061-00 $25.00
092A-0726-062-00 $25.00
092A-0726-063-00 $25.00
092A-0726-064-00 $25.00
092A-0726-065-00 $25.00
092A-0726-066-00 $25.00
092A-0726-067-00 $25.00
092A-0726-068-00 $25.00
092A-0726-069-00 $25.00
092A-0726-070-00 $25.00
092A-0726-071-00 $25.00
092A-0726-072-00 $25.00
092A-0726-073-00 $25.00
092A-0726-074-00 $25.00
092A-0726-075-00 $25.00
092A-0726-076-00 $25.00
092A-0726-077-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0726-078-00 $25.00
092A-0726-079-00 $25.00
092A-0726-080-00 $25.00
092A-0726-081-00 $25.00
092A-0726-082-00 $25.00
092A-0726-083-00 $25.00
092A-0726-084-00 $25.00
092A-0726-085-00 $25.00
092A-0726-086-00 $25.00
092A-0726-087-00 $25.00
092A-0726-088-00 $25.00
092A-0726-089-00 $25.00
092A-0726-090-00 $25.00
092A-0726-091-00 $25.00
092A-0726-092-00 $25.00
092A-0727-003-00 $25.00
092A-0727-004-00 $25.00
092A-0727-005-00 $25.00
092A-0727-006-00 $25.00
092A-0727-007-00 $25.00
092A-0727-008-00 $25.00
092A-0727-009-00 $25.00
092A-0727-010-00 $25.00
092A-0727-011-00 $25.00
092A-0727-012-00 $25.00
092A-0727-013-00 $25.00
092A-0727-014-00 $25.00
092A-0727-015-00 $25.00
092A-0727-016-00 $25.00
092A-0727-017-00 $25.00
092A-0727-018-00 $25.00
092A-0727-019-00 $25.00
092A-0727-020-00 $25.00
092A-0727-021-00 $25.00
092A-0727-022-00 $25.00
092A-0727-023-00 $25.00
092A-0727-024-00 $25.00
092A-0727-025-00 $25.00
092A-0727-026-00 $25.00
092A-0727-027-00 $25.00
092A-0727-029-00 $25.00
092A-0727-030-00 $25.00
092A-0727-031-00 $25.00
092A-0727-032-00 $25.00
092A-0727-033-00 $25.00
092A-0727-034-00 $25.00
092A-0727-035-00 $25.00
092A-0727-036-00 $25.00
092A-0727-037-00 $25.00
092A-0727-038-00 $25.00
092A-0727-039-00 $25.00
092A-0727-040-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-041-00 $25.00
092A-0727-042-00 $25.00
092A-0727-043-00 $25.00
092A-0727-044-00 $25.00
092A-0727-045-00 $25.00
092A-0727-046-00 $25.00
092A-0727-047-00 $25.00
092A-0727-048-00 $25.00
092A-0727-049-00 $25.00
092A-0727-050-00 $25.00
092A-0727-051-00 $25.00
092A-0727-052-00 $25.00
092A-0727-053-00 $25.00
092A-0727-054-00 $25.00
092A-0727-056-00 $25.00
092A-0727-057-00 $25.00
092A-0727-058-00 $25.00
092A-0727-059-00 $25.00
092A-0727-060-00 $25.00
092A-0727-061-00 $25.00
092A-0727-062-00 $25.00
092A-0727-063-00 $25.00
092A-0727-064-00 $25.00
092A-0727-065-00 $25.00
092A-0727-066-00 $25.00
092A-0727-067-00 $25.00
092A-0727-068-00 $25.00
092A-0727-069-00 $25.00
092A-0727-070-00 $25.00
092A-0727-071-00 $25.00
092A-0727-072-00 $25.00
092A-0727-073-00 $25.00
092A-0727-074-00 $25.00
092A-0727-075-00 $25.00
092A-0727-076-00 $25.00
092A-0727-077-00 $25.00
092A-0727-078-00 $25.00
092A-0727-079-00 $25.00
092A-0727-080-00 $25.00
092A-0727-081-00 $25.00
092A-0727-083-00 $25.00
092A-0727-084-00 $25.00
092A-0727-085-00 $25.00
092A-0727-086-00 $25.00
092A-0727-087-00 $25.00
092A-0727-088-00 $25.00
092A-0727-089-00 $25.00
092A-0727-090-00 $25.00
092A-0727-091-00 $25.00
092A-0727-092-00 $25.00
092A-0727-093-00 $25.00
092A-0727-094-00 $25.00
PART E - 5 06/05/23
Packet Page 314

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-095-00 $25.00
092A-0727-096-00 $25.00
092A-0727-097-00 $25.00
092A-0727-098-00 $25.00
092A-0727-099-00 $25.00
092A-0727-100-00 $25.00
092A-0727-101-00 $25.00
092A-0727-102-00 $25.00
092A-0727-103-00 $25.00
092A-0727-104-00 $25.00
092A-0727-105-00 $25.00
092A-0727-106-00 $25.00
092A-0727-107-00 $25.00
092A-0727-108-00 $25.00
092A-0727-110-00 $25.00
092A-0727-111-00 $25.00
092A-0727-112-00 $25.00
092A-0727-113-00 $25.00
092A-0727-114-00 $25.00
092A-0727-115-00 $25.00
092A-0727-116-00 $25.00
092A-0727-117-00 $25.00
092A-0727-118-00 $25.00
092A-0727-119-00 $25.00
092A-0727-120-00 $25.00
092A-0727-121-00 $25.00
092A-0727-122-00 $25.00
092A-0727-123-00 $25.00
092A-0727-124-00 $25.00
092A-0727-125-00 $25.00
092A-0727-126-00 $25.00
092A-0727-127-00 $25.00
092A-0727-128-00 $25.00
092A-0727-129-00 $25.00
092A-0727-130-00 $25.00
092A-0727-131-00 $25.00
092A-0727-132-00 $25.00
092A-0727-133-00 $25.00
092A-0727-134-00 $25.00
092A-0727-135-00 $25.00
092A-0727-136-00 $25.00
092A-0727-137-00 $25.00
092A-0727-138-00 $25.00
092A-0727-139-00 $25.00
092A-0727-140-00 $25.00
092A-0727-141-00 $25.00
092A-0727-142-00 $25.00
092A-0727-143-00 $25.00
092A-0727-144-00 $25.00
092A-0727-145-00 $25.00
092A-0727-146-00 $25.00
092A-0727-147-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-148-00 $25.00
092A-0727-149-00 $25.00
092A-0727-150-00 $25.00
092A-0727-151-00 $25.00
092A-0727-152-00 $25.00
092A-0727-153-00 $25.00
092A-0727-154-00 $25.00
092A-0727-155-00 $25.00
092A-0727-156-00 $25.00
092A-0727-157-00 $25.00
092A-0727-158-00 $25.00
092A-0727-159-00 $25.00
092A-0727-160-00 $25.00
092A-0727-161-00 $25.00
092A-0728-001-00 $25.00
092A-0728-002-00 $25.00
092A-0728-003-00 $25.00
092A-0728-004-00 $25.00
092A-0728-005-00 $25.00
092A-0728-006-00 $25.00
092A-0728-007-00 $25.00
092A-0728-008-00 $25.00
092A-0728-009-00 $25.00
092A-0728-010-00 $25.00
092A-0728-011-00 $25.00
092A-0728-012-00 $25.00
092A-0728-013-00 $25.00
092A-0728-014-00 $25.00
092A-0728-015-00 $25.00
092A-0728-016-00 $25.00
092A-0728-017-00 $25.00
092A-0728-018-00 $25.00
092A-0728-019-00 $25.00
092A-0728-020-00 $25.00
092A-0728-021-00 $25.00
092A-0728-022-00 $25.00
092A-0728-023-00 $25.00
092A-0728-024-00 $25.00
092A-0728-025-00 $25.00
092A-0728-026-00 $25.00
092A-0728-027-00 $25.00
092A-0728-028-00 $25.00
092A-0728-029-00 $25.00
092A-0728-030-00 $25.00
092A-0728-031-00 $25.00
092A-0728-032-00 $25.00
092A-0728-033-00 $25.00
092A-0728-034-00 $25.00
092A-0728-035-00 $25.00
092A-0728-036-00 $25.00
092A-0728-037-00 $25.00
092A-0728-038-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0728-039-00 $25.00
092A-0728-040-00 $25.00
092A-0728-041-00 $25.00
092A-0728-042-00 $25.00
092A-0728-043-00 $25.00
092A-0728-044-00 $25.00
092A-0728-045-00 $25.00
092A-0728-046-00 $25.00
092A-0728-047-00 $25.00
092A-0728-048-00 $25.00
092A-0728-049-00 $25.00
092A-0728-050-00 $25.00
092A-0728-051-00 $25.00
092A-0728-052-00 $25.00
092A-0728-053-00 $25.00
092A-0728-054-00 $25.00
092A-0728-055-00 $25.00
092A-0728-056-00 $25.00
092A-0728-057-00 $25.00
092A-0728-058-00 $25.00
092A-0728-059-00 $25.00
092A-0728-060-00 $25.00
092A-0728-061-00 $25.00
092A-0728-062-00 $25.00
092A-0728-063-00 $25.00
092A-0728-064-00 $25.00
092A-0728-065-00 $25.00
092A-0728-066-00 $25.00
092A-0728-067-00 $25.00
092A-0728-068-00 $25.00
092A-0728-069-00 $25.00
092A-0728-070-00 $25.00
092A-0728-071-00 $25.00
092A-0728-072-00 $25.00
092A-0728-074-00 $25.00
092A-0728-075-00 $25.00
092A-0728-076-00 $25.00
092A-0728-077-00 $25.00
092A-0728-078-00 $25.00
092A-0728-079-00 $25.00
092A-0728-080-00 $25.00
092A-0728-081-00 $25.00
092A-0728-082-00 $25.00
092A-0728-083-00 $25.00
092A-0728-084-00 $25.00
092A-0728-085-00 $25.00
092A-0728-086-00 $25.00
092A-0728-087-00 $25.00
092A-0728-088-00 $25.00
092A-0728-089-00 $25.00
092A-0728-090-00 $25.00
092A-0728-091-00 $25.00
PART E - 6 06/05/23
Packet Page 315

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-0728-092-00 $25.00
092A-0728-093-00 $25.00
092A-0728-094-00 $25.00
092A-0728-095-00 $25.00
092A-0728-096-00 $25.00
092A-0728-097-00 $25.00
092A-0728-098-00 $25.00
092A-0728-099-00 $25.00
092A-0728-100-00 $25.00
092A-0728-101-00 $25.00
092A-0728-102-00 $25.00
092A-0728-103-00 $25.00
092A-0728-104-00 $25.00
092A-0728-105-00 $25.00
092A-0728-106-00 $25.00
092A-0728-107-00 $25.00
092A-0728-108-00 $25.00
092A-0728-109-00 $25.00
092A-0728-110-01 $25.00
092A-0728-111-01 $25.00
092A-0728-112-00 $25.00
092A-0728-113-00 $25.00
092A-0728-114-00 $25.00
092A-0728-115-00 $25.00
092A-0728-116-00 $25.00
092A-0728-117-00 $25.00
092A-0728-118-00 $25.00
092A-0728-119-00 $25.00
092A-0728-120-00 $25.00
092A-0728-121-00 $25.00
092A-0728-122-00 $25.00
092A-0728-123-00 $25.00
092A-0728-124-00 $25.00
092A-0728-125-00 $25.00
092A-0728-126-00 $25.00
092A-0728-127-00 $25.00
092A-0728-128-00 $25.00
092A-0728-129-00 $25.00
092A-0729-001-00 $25.00
092A-0729-002-00 $25.00
092A-0729-003-00 $25.00
092A-0729-004-00 $25.00
092A-0729-005-00 $25.00
092A-0729-006-00 $25.00
092A-0729-007-00 $25.00
092A-0729-008-00 $25.00
092A-0729-009-00 $25.00
092A-0729-010-00 $25.00
092A-0729-011-00 $25.00
092A-0729-012-00 $25.00
092A-0729-013-00 $25.00
092A-0729-014-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0729-015-00 $25.00
092A-0729-016-00 $25.00
092A-0729-017-00 $25.00
092A-0729-018-00 $25.00
092A-0729-019-00 $25.00
092A-0729-020-00 $25.00
092A-0729-021-00 $25.00
092A-0729-022-00 $25.00
092A-0729-023-00 $25.00
092A-0729-024-00 $25.00
092A-0729-025-00 $25.00
092A-0729-026-00 $25.00
092A-0729-027-00 $25.00
092A-0729-028-00 $25.00
092A-0729-029-00 $25.00
092A-0729-030-00 $25.00
092A-0729-031-00 $25.00
092A-0729-032-00 $25.00
092A-0729-033-00 $25.00
092A-0729-034-00 $25.00
092A-0729-035-00 $25.00
092A-0729-036-00 $25.00
092A-0729-037-00 $25.00
092A-0729-038-00 $25.00
092A-0729-039-00 $25.00
092A-0729-040-00 $25.00
092A-0729-041-00 $25.00
092A-0729-042-00 $25.00
092A-0729-043-00 $25.00
092A-0729-044-00 $25.00
092A-0729-045-00 $25.00
092A-0729-046-00 $25.00
092A-0729-047-00 $25.00
092A-0729-048-00 $25.00
092A-0729-049-00 $25.00
092A-0729-050-00 $25.00
092A-0729-051-00 $25.00
092A-0729-052-00 $25.00
092A-0729-053-00 $25.00
092A-0729-054-00 $25.00
092A-0729-055-00 $25.00
092A-0729-056-00 $25.00
092A-0729-057-00 $25.00
092A-0729-058-00 $25.00
092A-0729-059-00 $25.00
092A-0729-060-00 $25.00
092A-0729-061-00 $25.00
092A-0729-062-00 $25.00
092A-0729-063-00 $25.00
092A-0729-064-00 $25.00
092A-0729-065-00 $25.00
092A-0729-066-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0729-067-00 $25.00
092A-0729-068-00 $25.00
092A-0729-069-00 $25.00
092A-0729-070-00 $25.00
092A-0729-071-00 $25.00
092A-0729-072-00 $25.00
092A-0729-073-00 $25.00
092A-0729-074-00 $25.00
092A-0729-075-01 $25.00
092A-0729-076-01 $25.00
092A-0729-077-00 $25.00
092A-0729-078-00 $25.00
092A-0729-079-00 $25.00
092A-0729-080-00 $25.00
092A-0729-081-00 $25.00
092A-0729-082-00 $25.00
092A-0729-083-00 $25.00
092A-0729-084-00 $25.00
092A-0729-085-00 $25.00
092A-0729-086-00 $25.00
092A-0729-087-00 $25.00
092A-0729-088-00 $25.00
092A-0729-089-00 $25.00
092A-0729-090-00 $25.00
092A-0729-091-00 $25.00
092A-0729-092-00 $25.00
092A-0729-093-00 $25.00
092A-0729-094-00 $25.00
092A-0729-095-00 $25.00
092A-0729-096-00 $25.00
092A-0729-097-00 $25.00
092A-0729-098-00 $25.00
092A-0729-099-00 $25.00
092A-0729-100-00 $25.00
092A-0729-101-00 $25.00
092A-0729-102-00 $25.00
092A-0729-103-00 $25.00
092A-0729-104-00 $25.00
092A-0729-105-00 $25.00
092A-0729-106-00 $25.00
092A-0729-107-00 $25.00
092A-2590-001-00 $25.00
092A-2590-002-00 $25.00
092A-2590-003-00 $25.00
092A-2590-005-00 $25.00
092A-2590-006-00 $25.00
092A-2590-007-00 $25.00
092A-2590-008-00 $25.00
092A-2590-009-00 $25.00
092A-2590-010-00 $25.00
092A-2590-011-00 $25.00
092A-2590-012-00 $25.00
PART E - 7 06/05/23
Packet Page 316

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Assessment
Amount
092A-2590-013-00 $25.00
092A-2590-014-00 $25.00
092A-2590-015-00 $25.00
092A-2590-016-00 $25.00
092A-2590-017-00 $25.00
092A-2590-018-00 $25.00
092A-2590-019-00 $25.00
092A-2590-020-00 $25.00
092A-2590-021-00 $25.00
092A-2590-022-00 $25.00
092A-2590-023-00 $25.00
092A-2590-024-00 $25.00
092A-2590-025-00 $25.00
092A-2590-026-00 $25.00
092A-2590-027-00 $25.00
092A-2590-028-00 $25.00
092A-2590-029-00 $25.00
092A-2590-030-00 $25.00
092A-2590-031-00 $25.00
092A-2590-032-00 $25.00
092A-2590-033-00 $25.00
092A-2590-034-00 $25.00
092A-2590-035-00 $25.00
092A-2590-036-00 $25.00
092A-2590-037-00 $25.00
092A-2590-038-00 $25.00
092A-2590-039-00 $25.00
092A-2590-040-00 $25.00
092A-2590-041-00 $25.00
092A-2590-042-00 $25.00
092A-2590-043-00 $25.00
092A-2590-044-00 $25.00
092A-2590-045-00 $25.00
092A-2590-046-00 $25.00
092A-2590-047-00 $25.00
Total Parcels: 1,127
Total Assessment: $28,175.00
PART E - 8 06/05/23
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Landscaping and Lighting District No. 13
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
Packet Page 318
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 13 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 319
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 13 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 13
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 13 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) may levy and collect special assessments on parcels within the City of Newark Landscaping and Lighting District No. 13 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape and mini-park improvements benefiting parcels within the boundaries of the District.

The District generally consists of those properties south of Willow Street, northwest of Thornton Avenue, and east of Cedar Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 13 INTRODUCTION
2 Payment of these 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. 13 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 13
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:

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

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 13 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 13 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 13 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 13 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 maintenance and operation of landscaping, landscape irrigation, lighting within and adjacent to the rights-of-way of Thornton Avenue, Cedar Boulevard, Willow Street, Mahogany Place, Peachtree Avenue, and Papaya Avenue, including replacement and replanting costs, are part of the responsibilities. This also includes the maintenance and operation of landscaping, lighting, pathways, play areas, and play equipment within the in-tract mini-parks.

The development’s Homeowner’s Association has historically and continues to maintain all the District’s authorized improvements, resulting in no maintenance of these improvements being provided by the City or funded by the District.

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

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ESTIMATE OF COSTS 8 PART B

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

Projected Revenues
Assessment Revenue $0
Non-Assessment Revenues $0
Total Projected Revenues $0
Projected Expenses
Contract Services $0
Utilities $0
Administration and Incidentals $0
County Collection Fees $0
Unforeseen Maintenance and Repairs $0
Total Projected Expenses $0
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $3,519
Reserve Fund Collection Increase/(Decrease) $0
Ending Fund Balance - June 30, 2024 $3,519
Recommended Operating Reserves $0
Available Operating Reserves $0
Available Capital Reserves $3,519
Landscaping and Lighting District No. 13
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 13 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 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 the District can respond and address the need promptly.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 13 ASSESSMENT DIAGRAM 10 PART C

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

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CEDAR BL

THORNTON AV

WILLOW ST

PEACHTREE AV

MAHOGANY PL

PAPAYA ST

HICKORY ST

MAYHEWS LANDING RD
FIR CT

ASSESSMENT DIAGRAM
Legend
LLD No. 13 Boundary
Parcels
± 0 310 620
Feet
(THORNTON AVENUE AT WILLOW STREET)
LANDSCAPING AND LIGHTING DISTRICT NO. 13
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 12 PART D

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.

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 Packet Page 332

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 13 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 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 may benefit from the improvement both within and outside the City and within and outside the District, 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 or another non-assessment revenue source. Only the costs associated with the special benefits conferred on property within the District from the authorized improvements are assessable, and therefore may be 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 landscape and park improvements as determined at the time the District was established.

In reviewing each of the District’s 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 a mini park, 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’s boundary and any public access or use of the improvements by others is incidental. However, though it may be a rare occurrence, it is reasonable to conclude that individuals residing outside the boundaries of the District may utilize the mini park within the development. For this reason, it has been conservatively estimated that 2% of the costs of maintaining the mini park are associated with general benefit to the public at large and cannot be assessed to property within the boundaries of the District and would need to be funded using a non-assessment revenue source. All other improvements and related costs are determined to clearly provide distinct and special benefits to properties within the District Packet Page 333

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 14 and therefore may be funded using assessment revenues if needed.

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 to the properties 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.

The identified special benefits conferred to property from the landscape and park improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive parks and landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained parks and landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Landscaping helps calm traffic and reduce speeds, creating a safer environment for pedestrians and cyclists. It also acts as a physical buffer between roadways and properties within the District.
• Recreational opportunities:
o Parks and the associated recreational opportunities provide for more aesthetically pleasing neighborhoods, environmental and health benefits, community gathering places, and an overall improved and healthier community image.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 15 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments may provide funding to maintain the landscape and park improvements which provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

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, during the formation of the District, the City and Engineer of Work determined that each parcel within the District boundaries 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.

However, the City is not proposing to levy any assessments on property within the District in Fiscal Year 2023-24 because the maintenance of the improvements is funded by the local homeowner’s association. Should costs arise that require the need to levy an assessment in the future, the costs of maintaining the District’s improvements would be apportioned to assessable property within the District on a per parcel basis.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 13 METHOD OF APPORTIONMENT 16 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. 13 ASSESSMENT ROLL 17 PART E

The City is not proposing to levy any assessments on property within the District for Fiscal Year 2023-24. Therefore, the total proposed assessment for Fiscal Year 2023-24 is $0.00.

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Landscaping and Lighting District No. 15
Fiscal Year 2023-24
Final Engineer’s Report
July 13, 2023
Packet Page 338
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 .................................................... 15 Packet Page 339
CITY OF NEWARK FISCAL YEAR 2023-24
LANDSCAPING AND LIGHTING DISTRICT NO. 15 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 15
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 22, 2023 By:

Eduardo Espinoza, P.E.

RCE # 83709
Packet Page 340

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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. 15 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape improvements benefiting parcels within the boundaries of the District.

The District generally consists of those properties along and fronting Iris Court. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 15 INTRODUCTION
2 Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 15
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:

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

Packet Page 343

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 346

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 maintenance and operation of landscaping within the easement areas and the public right-of-way along Robertson Avenue fronting the District.

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

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ESTIMATE OF COSTS 8 PART B

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

Projected Revenues
Assessment Revenue $5,046
Non-Assessment Revenues $0
Total Projected Revenues $5,046
Projected Expenses
Contract Services ($1,259)
Utilities ($826)
Administration and Incidentals ($1,961)
County Collection Fees ($86)
Unforeseen Maintenance and Repairs1 ($207)
Total Projected Expenses ($4,338)
Projected Fund Balance
Beginning Fund Balance - July 1, 2023 $32,384
Reserve Fund Collection Increase/(Decrease) $708
Ending Fund Balance - June 30, 2024 $33,092
Recommended Operating Reserves $2,066
Available Operating Reserves $2,066
Available Capital Reserves2 $31,027
1 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses. 2 Includes $15,500 for future Plant Replacement projects.

Landscaping and Lighting District No. 15
Fiscal Year 2023-24 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

Newark City CouncilJuly 13, 2023

Newark City Council
July 13, 2023