93_07272023%20City%20Council%20Agenda%20Packet%20page%20numbers

AGENDA
Thursday, July 27, 2023
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Commending the Deaf Plus Adult Community

2. Introduction of employee(s)
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 July 13, 2023, minutes

3. Adopt a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 for solid waste management program specialty contractual services by R3 Consulting Group, Inc.

4. Adopt a resolution authorizing the City Manager to execute Contractual Services Agreements, in a form approved by the City Attorney, with BKF Engineers and NCE for on-call pavement engineering and management services

5. Adopt a resolution approving a Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5

6. Adopt a resolution authorizing the City Manager to execute an agreement with Faro Technologies Incorporated for the Focus Premium Three-Dimensional Scanner and amend the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024

7. Adopt a resolution authorizing the acceptance of the State of California grants for Quiet Zone Safety Improvement in the amount of $2,000,000 and for Broadband Improvements in the amount of $1,800,000 and amend the 2022-2024 Biennial Budget and Capital Improvement Plan

8. Adopt a resolution (1) adding multiple positions to the Employee Classification Plan; (2) adding and deleting multiple positions from the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (3) approving a Side Letter amending the Memorandum of Understanding between the City of Newark and Newark Association of Miscellaneous Employees; (4) amending the Compensation and Benefit Plan for Management, Supervisory and Professional Employees; (5) approving an amendment to the City's Salary Schedule; and (6) amending the 2022-2024 Biennial Budget and Capital Improvement Plan

9. Adopt a resolution finding that emergency conditions exist that do not permit a delay resulting from a competitive solicitation for bids and authorizing the City Manager to take necessary action to negotiate and award an emergency construction contract and expenditure for the repair of a roadway sinkhole and storm drain on Smith Avenue and amendment of the 2022-2024 Biennial Budget for Fiscal Year 2024; exempt from CEQA review per CEQA Guidelines Section 15301
E. PUBLIC HEARINGS

1. Hearing to consider adoption of a resolution approving Development Impact Fee amendments to the Master Fee Schedule for Fiscal Year 2024

2. Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments F. OTHER BUSINESS

1. Resolution approving an amendment to the Employment Agreement with City Manager David J. Benoun to serve as City Manager and an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 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
Packet Page 2
H. CITY MANAGER UPDATES
I. CLOSED SESSION
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: Zoom Meeting https://us06web.zoom.us/j/86193787217 From a telephone dial 1- 669-900-9128, Webinar ID Number 861 9378 7217 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 3
Item B. 1.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commending the Deaf Plus Adult Community
The Deaf Plus Adult Community (DPAC) is a nonprofit organization, located in the city of Newark, that serves deaf adults with disabilities (deafplus). A commendation has been prepared to honor DPAC for the support that they provide to help the deafplus community access employment, education, and community services.

Attachments
Commendation
Packet Page 4

COMMENDATION

DEAF PLUS ADULT COMMUNITY
WHEREAS, in 2007, a small volunteer group launched the beginnings of Deaf Plus Adult Community; and
WHEREAS, today, Deaf Plus Adult Community (DPAC) is an integrated adult day program that serves deaf adults with disabilities (“deafplus”) in the Greater San Francisco Bay Area; and
WHEREAS, Deaf Plus Adult Community provides a safe space in their spacious communal center in Newark, California, for deafplus adults to gather, build relationships, and explore their identities through recreational, educational, and social opportunities; and
WHEREAS, the goal of Deaf Plus Adult Community is to provide the communication and support necessary to gain access to employment, education, and community services; and
WHEREAS, through education, advocacy and outreach, Deaf Plus Adult Community works to address the social isolation faced by deafplus adults; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend

DEAF PLUS ADULT COMMUNITY
for all that they do to give deafplus individuals and their families the opportunity to experience hope, love, respect, and support.

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

MICHAEL K. HANNON
Mayor
Packet Page 5
Item B. 2.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employee(s)
Panhasak Bun, Police Officer will be introduced at the City Council meeting.

Packet Page 6
Item D. 1.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 06.29.23
Audited Demands 07.06.23
Packet Page 7
7/11/23, 12:09 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 1/3 LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 06/29/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 06/29/2023 8747 Accounts Payable 4LEAF INC 16,483.50 Invoice Date Description Amount
J4123H 06/22/2023 TEMP PROFESSIONAL CODE ENFORCEMENT SVCS - 5/1/23-5/31/23 16,483.50 Check 06/29/2023 8748 Accounts Payable ABBE & ASSOCIATES LLC 70,400.00 Invoice Date Description Amount
N-20 06/06/2023 RECYCLING/ORGANICS CONSULTANT 70,400.00 Check 06/29/2023 8749 Accounts Payable ALPINE AWARDS INC 2,989.75 Invoice Date Description Amount
6103413 06/07/2023 YOUTH AND ADULT SPORTS UNIFORMS 2,989.75 Check 06/29/2023 8750 Accounts Payable ARI INVESTIGATIONS INC. 5,617.06 Invoice Date Description Amount
22-168 03/06/2023 SUPPLEMENTARY INVESTIGATIVE SERVICES FY2023 5,617.06 Check 06/29/2023 8751 Accounts Payable JEREMY BECK 147.24 Invoice Date Description Amount
0606-060723EXP 06/27/2023 PUBLIC RECORDS ACT - WATSONVILLE-MILEAGE 147.24 Check 06/29/2023 8752 Accounts Payable BLAISDELL'S BUSINESS

PRODUCTS
1,164.43
Invoice Date Description Amount
MAY'23 05/31/2023 OFFICE SUPPLIES 4/18 - 5/31/23 1,164.43 Check 06/29/2023 8753 Accounts Payable K BROOKS STRATEGIES 9,957.13 Invoice Date Description Amount
06262023REV 06/26/2023 NEWARK CHAMBER OF COMMERCE RESTART CEO PREPARATION - MAR '23
9,957.13
Check 06/29/2023 8754 Accounts Payable CALIFORNIA HOMICIDE

INVESTIGATORS ASSOCIATION
399.00
Invoice Date Description Amount
22656 06/07/2023 54th ANNUAL CHI CONFERENCE-ANDREW M 8/15-8/18/23 399.00 Check 06/29/2023 8755 Accounts Payable CODE 1 SUPPLY 3,858.43 Invoice Date Description Amount
C120207721 06/06/2023 ZOLL CPR-PEDI PADZ 3,858.43
Check 06/29/2023 8756 Accounts Payable DEOL OIL 2,719.78 Invoice Date Description Amount
00002 06/07/2023 GASOLINE AND CAR WASH 7/1/22-5/24/23 2,719.78 Check 06/29/2023 8757 Accounts Payable DYNAMIC FUEL SOLUTION 1,609.02 Invoice Date Description Amount
1916 06/06/2023 FUEL POLISHING 6/6/23 1,609.02
Check 06/29/2023 8758 Accounts Payable ECS IMAGING, INC. 1,310.00 Invoice Date Description Amount
17756 05/04/2023 ADDITIONAL LICENSING 1,310.00
Check 06/29/2023 8759 Accounts Payable EVIDENT, INC. 64.00 Invoice Date Description Amount
221394B 06/05/2023 EVIDENCE SUPPLIES 64.00
Check 06/29/2023 8760 Accounts Payable FEDEX 11.45
Packet Page 8
7/11/23, 12:09 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 2/3 Invoice Date Description Amount
8-157-50606 06/09/2023 PACKAGE DELIVERY - 5/31/23 11.45 Check 06/29/2023 8761 Accounts Payable GRAINGER 130.91
Invoice Date Description Amount
9713898394 05/30/2023 LIBRARY SUPPLIES-EDGE TRIM 57.14
9715436870 05/22/2023 PD SUPPLIES-GASKET 73.77
Check 06/29/2023 8762 Accounts Payable GYM DOCTORS 639.99 Invoice Date Description Amount
00143762 06/08/2023 FITNESS CENTER EQUIPMENT MAINTENANCE 6/7/23 639.99 Check 06/29/2023 8763 Accounts Payable HDL COREN & CONE 7,699.18 Invoice Date Description Amount
SIN029065 06/20/2023 TRANSACTION TAX Q4/2022 406.91
SIN028363 05/25/2023 SALES TAX AUDIT SERVICES Q4/2022 7,292.27 Check 06/29/2023 8764 Accounts Payable HDL SOFTWARE, LLC 2,000.00 Invoice Date Description Amount
SIN029252 06/19/2023 UUT SUPPORT & INDUSTRY MONITORING - JUN 2023 2,000.00 Check 06/29/2023 8765 Accounts Payable HILLYARD 3,318.99 Invoice Date Description Amount
605138691 06/05/2023 JANITORIAL SUPPLIES - HAND SOAP, TISSUE AND TOWELS 3,318.99 Check 06/29/2023 8766 Accounts Payable YAMA HOMAYOUN 674.89 Invoice Date Description Amount
0615-061723EXP 06/27/2023 SLI SESSION 6-CULVER CITY 674.89 Check 06/29/2023 8767 Accounts Payable BRUCE HOWCROFT 188.63 Invoice Date Description Amount
041723EXP 06/27/2023 SHIPPING EXPENSE FOR PATCHES 188.63 Check 06/29/2023 8768 Accounts Payable MARISA HUNTLEY 111.74 Invoice Date Description Amount
062223EXP 06/27/2023 RIMS CONFERENCE MEAL EXP 6/22/23 111.74 Check 06/29/2023 8769 Accounts Payable BULBULNAZ JALALIDIN (NAZ) 75.98 Invoice Date Description Amount
061023-061223EXP 06/10/2023 ITEMS FOR EMERG. PREPAREDNESS WORKSHOP FOR SMALL

BUSINESSES

75.98 Check 06/29/2023 8770 Accounts Payable JOINT VENTURE SILICON VALLEY
3,500.00
Invoice Date Description Amount
06272023 06/27/2023 FY 2022-2023 MEMBERSHIP SURCHARGE 3,500.00 Check 06/29/2023 8771 Accounts Payable KELLCO SERVICES INC 1,125.00 Invoice Date Description Amount
2305-170606 06/06/2023 ASBESTOS AND LEAD TESTING 5/26/23 1,125.00 Check 06/29/2023 8772 Accounts Payable MEYERS NAVE, A

PROFESSIONAL

CORPORATION
13,312.70
Invoice Date Description Amount
204373 04/27/2023 LEGAL SERVICES - CENTRAL AVENUE OVERPASS 03/23 550.50 202891 02/17/2023 LEGAL SERVICES - CENTRAL AVENUE OVERPASS 01/23 812.40 203449 03/27/2023 LEGAL SERVICES - CENTRAL AVENUE OVERPASS 02/23 9,101.00 205388 05/24/2023 LEGAL SERVICES - CENTRAL AVENUE OVERPASS 04/23 2,848.80 Check 06/29/2023 8773 Accounts Payable MG MEDIA CREATIVE LLC 1,080.00 Invoice Date Description Amount
INV-0396 06/05/2023 DIGITAL MARKETING WORKSHOP - 6/5/2023 1,080.00 Check 06/29/2023 8774 Accounts Payable MFCP INC 2.79
Invoice Date Description Amount
8747935 06/05/2023 FLEET PARTS 2.79
Check 06/29/2023 8775 Accounts Payable NATIONAL DATA & SURVEYING

SERVICES,
465.00
Packet Page 9
7/11/23, 12:09 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 3/3 Invoice Date Description Amount
23-080062 03/21/2023 TRAFFIC SURVEY - APA #23-92 465.00 Check 06/29/2023 8776 Accounts Payable THE PERMANENTE MEDICAL GROUP, INC.
1,827.00
Invoice Date Description Amount
3209033478510609 06/09/2023 PRE-EMPLOYMENT/ DOT PHYSICALS 3/10/23 - 5/17/23 1,827.00 Check 06/29/2023 8777 Accounts Payable SAVAGE TRAINING GROUP LLC 304.00 Invoice Date Description Amount
INVOICE 2093 05/10/2023 DISPATCH PRIMING - MARCI MANUEL-10/27/23 304.00 Check 06/29/2023 8778 Accounts Payable STAPLES 440.39
Invoice Date Description Amount
8070453747 05/31/2023 OFFICE SUPPLIES 5/9 - 5/31/23 440.39 Check 06/29/2023 8779 Accounts Payable T-MOBILE USA, INC 50.00 Invoice Date Description Amount
9396431021 04/22/2023 TOWER DUMP-03/25/2023 50.00
Check 06/29/2023 8780 Accounts Payable THE GOODYEAR TIRE &

RUBBER COMPANY
10,532.58
Invoice Date Description Amount
184-1099020 06/06/2023 TIRE ROAD SERVICE 6/6/23 1,331.43 184-1099035 06/07/2023 TIRES-MARATION, G622, ARMORMAX 9,201.15 Check 06/29/2023 8781 Accounts Payable TURF & INDUSTRIAL

EQUIPMENT CO
1,002.87
Invoice Date Description Amount
IV46714 06/09/2023 FLEET SUPPLIES-GENERATOR PROPRIETARY PART 1,002.87 Check 06/29/2023 8782 Accounts Payable URBAN PLANNING PARTNERS, INC.
731.25
Invoice Date Description Amount
22002-230430 05/30/2023 PROJECT MGMT SVCS - LEPAKSHI @ THORTON - SVCS 4/30/23 281.25 22002-230531 06/28/2023 PROJECT MGMT SVCS - LEPAKSHI @ THORTON - SVCS 5/31/23 450.00 Check 06/29/2023 8783 Accounts Payable WEINER'S LTD 754.52 Invoice Date Description Amount
0080866 06/08/2023 SWIM GOGGLES AND SWIM DIAPERS 754.52 Check 06/29/2023 8784 Accounts Payable HERZSTEIN , DAVID 132.31 Invoice Date Description Amount
062823UUT 06/28/2023 UTILITY USERS TAX REFUND 07/22 - 06/30/2023 132.31 Check 06/29/2023 8785 Accounts Payable TARLETON , MICHELLE 1,000.00 Invoice Date Description Amount
2022-00005513 06/27/2023 RETURNING SPECIAL EVENT PERMIT SECURITY DEPOSIT 1,000.00 Check 06/29/2023 8786 Accounts Payable COTTON, SHIRES AND ASSOCIATES, INC.
1,588.75
Invoice Date Description Amount
623217 06/27/2023 GEOTECH PEER REVIEW - 38600 CEDAR BLVD 06/09-06/14/23 1,588.75 EFT 06/29/2023 614 Accounts Payable METROPOLITAN PLANNING GROUP
121042882 / 2016189470 9,362.50
Invoice Date Description Amount
2003680REV 05/17/2023 38600 CEDAR BLVD-WAYMARK PRJCT- SVCS THRU 1/31/23 2,931.25 2003719REV 05/17/2023 38600 CEDAR BLVD-WAYMARK PRJCT- SVCS THRU 2/28/23 3,325.00 2003845 05/22/2023 38600 CEDAR BLVD-WAYMARK PRJCT- SVCS THRU 4/30/23 3,106.25 AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 41 $178,782.76 Checks: 40 $169,420.26
EFTs: 1 $9,362.50
Packet Page 10
7/11/23, 12:08 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: 07/06/2023
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 07/06/2023 8787 Accounts Payable ABC FIRE PROTECTION, INC. 415.71 Invoice Date Description Amount
62318 04/04/2023 COMMUNITY CENTER FIRE SERVICE 4/4/23 415.71 Check 07/06/2023 8788 Accounts Payable AIRGAS USA, LLC 93.72 Invoice Date Description Amount
9997728069 05/31/2023 CYL ACETYLENE RENTAL 05/31/23 93.72 Check 07/06/2023 8789 Accounts Payable ALL CITY MANAGEMENT SERVICES, INC.
2,164.76
Invoice Date Description Amount
86324 06/14/2023 SCHOOL CROSSING GUARD SVCS 05/28-06/10/23 2,164.76 Check 07/06/2023 8790 Accounts Payable ANKAR CYCLES, INC DBA

OAKLAND HARLEY-DAVIDSON
885.00
Invoice Date Description Amount
1052125 05/31/2023 HARLEY SERVICE 5/27/23 885.00
Check 07/06/2023 8791 Accounts Payable APPLIED AIR FILTERS 9,508.91 Invoice Date Description Amount
46735 06/14/2023 CITYWIDE AIR FILTERS 9,508.91
Check 07/06/2023 8792 Accounts Payable AUTOWISE AUTOMOTIVE 1,709.58 Invoice Date Description Amount
69487 06/15/2023 TIMING BELT AND WATER PUMP INSTALL 1,709.58 Check 07/06/2023 8793 Accounts Payable BATTERY SYSTEMS INC 346.63 Invoice Date Description Amount
28690612230957 06/12/2023 BATTERIES 346.63
Check 07/06/2023 8794 Accounts Payable BURTON'S FIRE INC 11,513.69 Invoice Date Description Amount
W 81209 06/27/2023 ANNUAL SERVICE UNIT #241 11,513.69
Check 07/06/2023 8795 Accounts Payable SUPERION, LLC 26,884.58 Invoice Date Description Amount
378859 04/03/2023 TRAKIT ANNUAL MAINTENANCE 06/01/23-05/31/24 26,884.58 Check 07/06/2023 8796 Accounts Payable CHEVROLET OF FREMONT 1,781.58 Invoice Date Description Amount
1124787 06/22/2023 CHEVY TAHOE SERVICE 06/14/23 1,781.58 Check 07/06/2023 8797 Accounts Payable CLASSIC GRAPHICS 1,633.56 Invoice Date Description Amount
48062 06/07/2023 STEP BOX ALUMINUM STORAGE INSTALL 1,633.56 Check 07/06/2023 8798 Accounts Payable ALAMEDA COUNTY

INFORMATION TECHNOLOGY

DEPARTMENT
3,407.50
Invoice Date Description Amount
112-2305037 06/10/2023 AWS ACCESS FEE MAY 2023 3,407.50 Check 07/06/2023 8799 Accounts Payable DALE HARDWARE 1,194.24 Invoice Date Description Amount
JUN' 23 06/25/2023 DALE SUPPLIES 06/25/2023 1,194.24
Packet Page 11
7/11/23, 12:08 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 2/5 Check 07/06/2023 8800 Accounts Payable DIVISION OF THE STATE

ARCHITECT
110.80
Invoice Date Description Amount
0401-063023 07/03/2023 CA STATE CASP FEES (AB1379) 110.80 Check 07/06/2023 8801 Accounts Payable DOOLEY ENTERPRISES, INC. 4,997.97 Invoice Date Description Amount
65803 06/14/2023 AMMUNITION 06/14/2023 4,997.97
Check 07/06/2023 8802 Accounts Payable EAST BAY LAWN MOWER 7,849.65 Invoice Date Description Amount
38097 06/12/2023 PARKS TOOLS 7,849.65
Check 07/06/2023 8803 Accounts Payable ENVIRONMENTAL LOGISTICS 1,660.00 Invoice Date Description Amount
119325 06/19/2023 HAZARDOUS WASTE REMOVAL 06/19/23 1,660.00 Check 07/06/2023 8804 Accounts Payable EQUIFAX INFORMATION SVCS LLC

55.33 Invoice Date Description Amount
2056069004 06/13/2023 CREDIT BUREAU REPORT FEES - 6/13/23 55.33 Check 07/06/2023 8805 Accounts Payable EWING IRRIGATION PRODUCTS INC.
871.26
Invoice Date Description Amount
19641786 06/06/2023 PARK SUPPLIES-IRRIGATION SPRINKLER/PUMP 820.00 19628916 06/05/2023 PARK SUPPLIES- CHRISTY LID 51.26
Check 07/06/2023 8806 Accounts Payable FLOCK SAFETY 26,250.00 Invoice Date Description Amount
INV-16921 06/13/2023 FLOCK SAFETY ADVANCED SEARCH 10/31/22-10/30/24 26,250.00 Check 07/06/2023 8807 Accounts Payable FRANK BONETTI PLUMBING INC
2,415.00
Invoice Date Description Amount
45999 05/10/2023 PLUBING SERVICE AT SERVICE YARD 5/2/23 2,415.00 Check 07/06/2023 8808 Accounts Payable FREMONT CDJR 223.44 Invoice Date Description Amount
93251 06/21/2023 LOCK-IGNIT 223.44
Check 07/06/2023 8809 Accounts Payable FRONTIER BUILDING

PRODUCTS PACIFIC, INC
1,415.00
Invoice Date Description Amount
6-12-873891 06/12/2023 SVC NEW SPRINGS 6/12/23 1,415.00 Check 07/06/2023 8810 Accounts Payable GIGANTIC IDEA STUDIO, INC. 2,723.82 Invoice Date Description Amount
INV-4043 06/15/2023 RECYCLING & WASTE REDUCTION OUTREACH TO RESIDENTS & BUS. 05/23
2,723.82
Check 07/06/2023 8811 Accounts Payable GRAINGER 3,793.81 Invoice Date Description Amount
9725015706 05/31/2023 SVC DOOR LOCK WITH OVERRIDE 674.99 9710772048 05/17/2023 SVC CEIL HEATER 743.52
9703309071 05/10/2023 CH/SVC-AIR FILTER AND FLAT PANEL HEATER 669.09 9720595744 05/25/2023 SVC PUSH BUTTON LOCK WITH OVERRIDE 674.99 9725020664 05/31/2023 SVC DOOR LOCK WITH OVERRIDE 706.05 9589391862 01/27/2023 LOCKING RECEPTACLE 325.17
Check 07/06/2023 8812 Accounts Payable HDL SOFTWARE, LLC 2,000.00 Invoice Date Description Amount
SIN028548 06/08/2023 UUT SUPPORT & INDUSTRY MONITORING - MAY 2023 2,000.00 Check 07/06/2023 8813 Accounts Payable THE MEJORANDO GROUP 11,135.97 Invoice Date Description Amount
39-2023 06/26/2023 FY 22/23 TRAINING SERVICES 01/23 - 06/23 11,135.97 Check 07/06/2023 8814 Accounts Payable JAYSON IMAI 154.70 Invoice Date Description Amount
Packet Page 12
7/11/23, 12:08 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 3/5 0425-050423EXP 06/28/2023 EXPENSE REIMBURSEMENT 154.70
Check 07/06/2023 8815 Accounts Payable JEFF'S MOBILE GLASS INC. 523.23 Invoice Date Description Amount
IJMG-0613-81161 06/13/2023 FLEET WINDSHIELD REPLACEMENT 6/13/23 523.23 Check 07/06/2023 8816 Accounts Payable JOCELYN E. ROLAND 475.00 Invoice Date Description Amount
21806 06/26/2023 PRE-EMPLOYMENT PSYCHOLOGICAL SCREENING -06/26/23 475.00 Check 07/06/2023 8817 Accounts Payable L.N. CURTIS AND SONS 248.30 Invoice Date Description Amount
PINV814718 06/14/2023 EQUIPMENT FOR NEW HIRES 248.30
Check 07/06/2023 8818 Accounts Payable LEGACY ROOFING &

WATERPROOFING
420.00
Invoice Date Description Amount
6010093-WO 06/20/2023 SVC SKYLIGHT REPAIR 6/13/23 420.00 Check 07/06/2023 8819 Accounts Payable LOOMIS 437.63
Invoice Date Description Amount
13282482 07/02/2023 ARMORED CAR SERVICE - 06/23 437.63
Check 07/06/2023 8820 Accounts Payable MARK GOTHARD 500.00 Invoice Date Description Amount
42023042023 06/21/2023 SENIOR CHAIR FITNESS 6/1 - 6/15/23 500.00 Check 07/06/2023 8821 Accounts Payable MEYERS NAVE, A

PROFESSIONAL

CORPORATION
54,403.00
Invoice Date Description Amount
201640 01/24/2023 LEGAL SVCS FOR SAHA PROJECT - SVCS THRU 12/2022 1,710.00 202875 02/17/2023 LEGAL SVCS FOR SAHA PROJECT - SVCS THRU 1/2023 11,025.00 203438 03/27/2023 LEGAL SVCS FOR SAHA PROJECT - SVCS THRU 2/2023 10,890.00 203437 03/27/2023 LEGAL SVCS - MOWRY VILLAGE PROJECT - SVCS THRU 2/28/23 30,541.50 205376 05/24/2023 LEGAL SVCS - MOWRY VILLAGE PROJECT - SVCS THRU 4/30/23 236.50 Check 07/06/2023 8822 Accounts Payable MIKE YORKS INVESTIGATIONS 3,075.00 Invoice Date Description Amount
2023-23 06/11/2023 BACKGROUND INVESTIGATION 5/5-6/11/23 3,075.00 Check 07/06/2023 8823 Accounts Payable MUNICIPAL MAINTENANCE

EQUIPMENT INC
6,244.89
Invoice Date Description Amount
FS000012125-1 05/19/2023 REAR LIGHT SERVICE 6,244.89
Check 07/06/2023 8824 Accounts Payable NHA ADVISORS, LLC 5,731.25 Invoice Date Description Amount
859 02/27/2023 2022-2023 CONSULTING - LINDSAY TRACT ASSESSMENT DISTRICT 5,731.25 Check 07/06/2023 8825 Accounts Payable NUTRIEN AG SOLUTIONS, INC. 6,459.43 Invoice Date Description Amount
51817039 06/26/2023 PESTICIDES-PENDULUM, SPEED SONE, TURFLON, ATRIMM, NUTRA 6,459.43 Check 07/06/2023 8826 Accounts Payable PACIFIC GAS & ELECTRIC 60,767.76 Invoice Date Description Amount
7786-052223 05/22/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 04/18-05/16/23 29,194.73 7786-062023 06/20/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 05/17-06/17/23 28,786.02 7460-061523 06/15/2023 ANNUAL ELECTRICITY FOR STREET/TRAFFIC LIGHTS 04/27-05/25/23 2,787.01 Check 07/06/2023 8827 Accounts Payable PERFORMANCE PEST

MANAGEMENT
659.00
Invoice Date Description Amount
68618 06/13/2023 PEST SERVICES - CITY HALL #102699 6/13/23 484.00 69194 06/13/2023 PEST SERVICES - SILLIMAN #12710 6/13/23 175.00 Check 07/06/2023 8828 Accounts Payable PHOENIX GROUP

INFORMATION SYSTEMS
225.00
Invoice Date Description Amount
052023101 06/16/2023 PARKING CITATION PROGRAM - MAY 2023 225.00 Packet Page 13
7/11/23, 12:08 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 4/5 Check 07/06/2023 8829 Accounts Payable POOLED LIABILITY

ASSURANCE NETWORK JPA
7,085.50
Invoice Date Description Amount
PLAN-2023-0231 06/12/2023 GENERAL LIABILITY PREMIUM FY22-23- MAY 2023 7,085.50 Check 07/06/2023 8830 Accounts Payable EDDA RIVERA 463.90 Invoice Date Description Amount
41723-6823EXP 06/21/2023 EXPENSE REIMBURSEMENTS 463.90
Check 07/06/2023 8831 Accounts Payable ROSAS BROTHERS

CONSTRUCTION
17,497.38
Invoice Date Description Amount
1815 06/12/2023 RETENTION PAYMENT, PROJECT 1279 2/1 - 5/30/23 17,497.38 Check 07/06/2023 8832 Accounts Payable SCHINDLER ELEVATOR

CORPORATION
2,058.11
Invoice Date Description Amount
8106217044 04/01/2023 ELEVATOR SERVICE 04/01/23-06/30/23 2,058.11 Check 07/06/2023 8833 Accounts Payable SEDGWICK 1,320.00 Invoice Date Description Amount
BRS-0020415 06/13/2023 REMOTE RISK CONTROL-MAY 2023 1,320.00 Check 07/06/2023 8834 Accounts Payable ISABEL ZAMORA 2,700.00 Invoice Date Description Amount
0005976 06/15/2023 K9 TRAINING MARCH, APRIL, MAY 2023 2,700.00 Check 07/06/2023 8835 Accounts Payable STANDARD INSURANCE

COMPANY
948.00
Invoice Date Description Amount
BILLING-JUNE 23 06/01/2023 EMPLOYEE LIFE INSURANCE AND AD&D COVERAGE PREMIUMS06/01-06/30948.00 Check 07/06/2023 8836 Accounts Payable STANTEC CONSULTING

SERVICES INC
19,400.00
Invoice Date Description Amount
2070867 04/20/2023 EIR CONSULTING FOR MOWRY VILLAGE PRJCT - PER. ENDING 3/24/2023
16,178.00
2089595 06/09/2023 EIR CONSULTING FOR MOWRY VILLAGE PRJCT - PER. ENDING 5/26/2023
3,222.00
Check 07/06/2023 8837 Accounts Payable STEVE G. HOOS 1,548.98 Invoice Date Description Amount
37016 06/22/2023 FS DISHWASHER REPLACEMENT AND INSTALL 1,548.98 Check 07/06/2023 8838 Accounts Payable TARGET SPECIALTY

PRODUCTS
6,975.15
Invoice Date Description Amount
INVP501147715 05/15/2023 PARKS SUPPLIES - CHEETAH PRO HERVICIDE 6,975.15 Check 07/06/2023 8839 Accounts Payable TEMPERATURE TECHNOLOGY INC.
15,175.21
Invoice Date Description Amount
I2429 04/20/2023 CITY HALL HVAC SERVICE 4/20/23 990.00
I2385 04/19/2023 CITY HALL HVAC SERVICE 4/19/23 1,741.07 I2463 05/03/2023 FS #1 HVAC SERVICE 5/3/23 1,561.76
I2489 05/08/2023 SR CTR HVAC SERVICE 5/8/23 4,121.04
I2418 04/26/2023 PD HVAC SERVICE 4/26/23 2,743.84
I2459 05/01/2023 CITY HALL HVAC SERVICE 5/1/23 1,005.00 I2458 05/08/2023 CITY HALL HVAC SERVICE 5/8/23 580.00
I2488 05/12/2023 CITY HALL HVAC SERVICE 5/12/23 800.00
I2504 05/26/2023 CITY HALL HVAC SERVICE 5/26/23 775.00
I2507 05/31/2023 CITY HALL HVAC SERVICE 5/31/23 857.50
Check 07/06/2023 8840 Accounts Payable THE GOODYEAR TIRE &

RUBBER COMPANY
3,913.59
Invoice Date Description Amount
184-1099054 06/12/2023 TIRE REPLACEMENTS 6/12/23 3,913.59 Check 07/06/2023 8841 Accounts Payable TIREHUB, LLC 1,490.34 Invoice Date Description Amount
Packet Page 14
7/11/23, 12:08 PM myReports
https://nwknwapp.finance.newark.org/nwerp/LogosSuite/myReports/myReportsVersion2/myReportsContainer.aspx 5/5 33782423 04/11/2023 TIRES-EAGLE ENFORCER AW/BW/RS 1,490.34 Check 07/06/2023 8842 Accounts Payable TURF STAR, INC. 692.10 Invoice Date Description Amount
7284279-00 06/13/2023 FLEET AIR FILTER 692.10
Check 07/06/2023 8843 Accounts Payable UNION SANITARY DISTRICT 1,594.49 Invoice Date Description Amount
002969 05/31/2023 USD SERVICE -SINK HOLE ON SMITH 5/31/23 1,594.49 Check 07/06/2023 8844 Accounts Payable URBAN PLANNING PARTNERS, INC.
218.75
Invoice Date Description Amount
21009-221231 02/02/2023 PROFESSIONAL SVCS FOR TASK ORD #1/CDBG/ SVCS 10/1/22- 12/31/22
218.75
Check 07/06/2023 8845 Accounts Payable MARK VALDEZ 275.77 Invoice Date Description Amount
061623EXP 06/21/2023 BOOT REIMBURSEMENT 6/16/23 275.77
Check 07/06/2023 8846 Accounts Payable BOSCO OIL INC DBA VALLEY OIL
17,548.77
Invoice Date Description Amount
157626 06/27/2023 GASOLINE 6/27/23 13,738.05
161376 06/27/2023 DIESEL FUEL 06/27/23 3,810.72
Check 07/06/2023 8847 Accounts Payable HARVEY , MARIE 500.00 Invoice Date Description Amount
682051 06/26/2023 RENTAL COMPLETION REFUND 500.00
Check 07/06/2023 8848 Accounts Payable KONERU , SWARA 196.00 Invoice Date Description Amount
680016 06/14/2023 CREDIT DID NOT POST TO CUSTOMER'S ACCOUNT 196.00 Check 07/06/2023 8849 Accounts Payable MARCO ROOFING COMPANY 193.60 Invoice Date Description Amount
ROOF21-0175RFND 06/29/2023 PROJECT CANCELLED - REFUND 80% OF PERMIT FEE 193.60 Check 07/06/2023 8850 Accounts Payable PARROCHA , FRED 500.00 Invoice Date Description Amount
682048 06/26/2023 RENTAL COMPLETION REFUND 500.00
Check 07/06/2023 8851 Accounts Payable ROSETTA'S ENTERPRISES INC. 193.60 Invoice Date Description Amount
ROOF22-0037RFND 06/29/2023 PROJECT CANCELLED - REFUND 80% OF PERMIT FEE 193.60 Check 07/06/2023 8852 Accounts Payable SSVGGP VENTURES LLC 29,656.60 Invoice Date Description Amount
2022-3869 07/05/2023 ESUB2022-0001 RFND 29,656.60
Check 07/06/2023 8853 Accounts Payable WANG , THERESA 8,765.00 Invoice Date Description Amount
2021-2170 07/05/2023 ENCP2020-0128 RFND 8,765.00
AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 67 $408,276.54 Checks: 67 $408,276.54
Packet Page 15
Item D. 2.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of July 13, 2023, minutes
Attachments
Minutes
Packet Page 16
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

Draft
Thursday, July 13, 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 Bucci, Freitas, and Jorgens were present.

B. PRESENTATIONS

1. Introduction of employee(s)
Mayor Hannon introduced Child Care Instructors Donna Luistro and Katherinne Dardon.

2. Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
Mayor Hannon presented the proclamation to Roger Pereira, Diane Pereira, Daniella Nunes, and Paul Mendes.

C. PUBLIC COMMENT
No one requested to speak.

Packet Page 17
Page No. 2
City of Newark City Council Minutes July 13, 2023
D. CONSENT CALENDAR
Linda Dulaney requested the removal of D.10 for separate consideration.

Council Member Bucci moved, Council Member Freitas seconded, to approve Consent Calendar Items D.1 through D.9, that the resolutions and ordinances be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

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 fulltime 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 Packet Page 18
Page No. 3
City of Newark City Council Minutes July 13, 2023
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
Resolution Nos. 11537 - 11541

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
Resolution No. 11542
Contract No. 23053

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 Resolution No. 11543
Contract No. 23054

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
Resolution No. 11544
Contract No. 23055

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 Ordinance No. 544

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
Ordinance No. 545
Packet Page 19
Page No. 4
City of Newark City Council Minutes July 13, 2023

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 20222024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 Resolution No. 11545
Contract No. 21058
Item removed from the Consent Calendar

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
Resolution No. 11546
Contract No. 23056
Linda Dulaney stated that she works a fill in crossing guard for All City Management Services and thanked the City Council for continuing the crossing guard service for the community.

Moved by Council Member Freitas, seconded by Vice Mayor Collazo to adopt a resolution 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. The motion passed 5 AYES.

E. PUBLIC HEARINGS

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
Resolution No. 11547
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.

Packet Page 20
Page No. 5
City of Newark City Council Minutes July 13, 2023
City Manager Benoun announced that he would recuse from this item due to a real property interest in Landscaping and Lighting District No. 11.

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

Mayor Hannon opened the public hearing at 7:25 p.m.

No one requested to speak.

Mayor Hannon closed the public hearing at 7:26 p.m.

Council Member Bucci moved, Council Member Jorgens seconded, to adopt a resolution 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. The motion passed 4 AYES, 1 RECUSED.

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

F. OTHER BUSINESS
Packet Page 21
Page No. 6
City of Newark City Council Minutes July 13, 2023
G. CITY COUNCIL MATTERS
Council Member Jorgens thanked staff for their work during the Fourth of July Holiday.

Council Member Bucci congratulated the Portuguese Fraternal Society of America Council No. 16 on their 100th anniversary. He stated that Movies in The Park would resume this month with the first one on July 29, 2023 at the Newark Community Center.

Vice Mayor Collazo announced the Music at the Grove concert on Friday and the Mariachi Festival on Sunday. She welcomed a new granddaughter named Esmeralda. Shop Newark.

Mayor Hannon congratulated the Portuguese Fraternal Society of America Council No. 16 on their 100th anniversary. He thanked staff for their word during the Fourth of July Holiday. He noted that citations were issued for illegal fireworks and that Safe and Sane fireworks sales support local nonprofits. He noted that Newark Leadership members lost the Bocci Ball Tournament to the city of Fremont. He announced that the Newark Library will be open on Sundays from 1 pm to 5 pm beginning on July 23. He thanked Vice Mayor Collazo for her work on the Mariachi Festival.

H. CITY MANAGER UPDATES
Assistant City Manager Hovorka, stated that there will be a free pop-up event at the Newark Community Park on July 18th beginning at 1:30 p.m. She highlighted the special needs opportunities inside the building.

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)
Packet Page 22
Page No. 7
City of Newark City Council Minutes July 13, 2023

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 At 7:35 p.m. the City Council recessed to a closed session.

At 7:48 p.m. the City Council convened in closed session.

At 8:12 p.m. the City Council reconvened in open session with all Council Members present.

J. ADJOURNMENT

Mayor Hannon adjourned the meeting at 8:12 p.m.

Packet Page 23
Item D. 3.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT Adopt a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 for solid waste management program specialty contractual services by R3 Consulting Group, Inc.

SUMMARY AND RECOMMENDATION
The City previously executed a Contractual Services Agreement with R3 Consulting Group, Inc. (R3) to review implementation of the existing Republic Services Franchise Agreement and assist with contract negotiations on an extension to that agreement.

These were successfully completed. A second Contractual Services Agreement with R3 is needed to provide additional analysis of the City's ongoing solid waste management program. The new Contractual Services Agreement is within the City Manager's authority for contract execution, but a budget authorization in the amount of $35,000 is needed for the desired services.

Staff recommends that the City Council, by resolution, amend the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 for specialty contracting services by R3 Consulting Group, Inc.

BACKGROUND
The City previously released a Request for Proposals (RFP) for professional services to assist with an assessment of Republic Services' rates and implementation of the Waste Hauler Franchise Agreement (Phase I) and, if authorized, to assist with contract negotiations (Phase II). R3 Consulting Group, Inc. (R3) was the only firm that responded to the RFP. The City entered into an agreement with R3 for the completion of Phase I. Upon completion of Phase I and subsequent authorization by the City Council to enter into negotiations for an extension of the Waste Hauler Franchise Agreement, the City approved an amendment to the agreement with R3 to assist with contract extension negotiations. With the assistance of R3, the Franchise Agreement extension negotiations were successfully completed and approved by the City Council.

A continuation of services related to the City's solid waste management program is desired through a second Contractual Services Agreement with R3 Consulting Group, Inc. This additional agreement is within the City Manager's approval authority.

Packet Page 24

DISCUSSION/ANALYSIS
The City requires additional analysis of the costs associated with the City's solid waste management program. R3 is familiar with the City's current Franchise Agreement details and has extensive experience conducting the necessary analysis. Staff is prepared to execute a new agreement with R3 for the required services and now seeks City Council approval for a budget amendment in the amount of $35,000 in Fiscal Year 2024 for the additional services.

FISCAL IMPACT
An amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan is required to increase the Fiscal Year 2024 Environmental Services Waste Management program operating budget for the desired consulting services by $35,000.

REVIEW AND APPROVAL
Prepared by - James Scanlin, Environmental Services Manager 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
Packet Page 25
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING THE 2022-2024 BIENNIAL BUDGET

AND CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR
2024 FOR SPECIALTY CONSULTING SERVICES BY R3
CONSULTING GROUP, INC.

WHEREAS, the City and R3 Consulting Group, Inc. ("Consultant") entered into a Consulting Services Agreement (CSA) between City and Consultant for Waste Hauler Franchise Agreement Consulting Services effective July 15, 2022 (Agreement); and WHEREAS, the City and R3 Consulting Group, Inc. entered into the First Amendment to the agreement for Waste Hauler Franchise Agreement Contract Extension Negotiation Services effective November 10, 2022 (First Amendment); and WHEREAS, Consultant has satisfactorily completed the scope of services in the Agreement and the First Amendment to the Agreement; and WHEREAS, additional funds are needed for Consultant to enter into a new Contractual Services Agreement with the City for specialty consulting services that include additional analysis of the City’s solid waste management program; and WHEREAS, the City Manager is authorized to enter into said Contractual Services Agreement pending a budget amendment to allocate funding for this scope of activity.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark hereby approves an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan to appropriate $35,000 to the Waste Management Program for Fiscal Year 2024 as follows:

TO: 140.60.063.631.6220 Consultant Services $35,000
FR: 140.3000 Unallocated Fund Balance $35,000
Packet Page 26
Item D. 4.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Alex Tat, Senior Civil Engineer
SUBJECT Adopt a resolution authorizing the City Manager to execute Contractual Services Agreements, in a form approved by the City Attorney, with BKF Engineers and NCE for on-call pavement engineering and management services
SUMMARY AND RECOMMENDATION
The City of Newark utilizes outside consultants to perform engineering and management services to help the City with various projects. To meet current demands, staff released a competitive Request for Qualifications (RFQ) for On-Call Pavement Engineering and Management Services. Based on staff’s analysis of four (4) RFQ responses received, BKF Engineers and NCE were determined to be the firms that will provide the best overall service to the City.

Staff recommends that the City Council, by resolution, authorize the City Manager to enter into Contractual Services Agreements, in a form approved by the City Attorney, with BKF Engineers and NCE for On-Call Pavement Engineering and Management Services for an amount not to exceed $2,000,000 each for a five (5) year term.

BACKGROUND
The Public Works department has a growing backlog of important pavement maintenance and rehabilitation projects in the current Capital Improvement Plan. There are a sufficient number and variety of projects that pavement engineering and management services are required to assist with planning, managing, budgeting, designing, and preparation of final plans, specifications, and estimates for the construction of these projects.

The Public Works Department released a Request for Qualifications (RFQ) in accordance with the City’s Purchasing Rules and Regulations for On-Call Pavement Engineering and Management Services. Notices Inviting Bids and RFQs were posted on the City’s website and sent to firms either previously under contract with the City or that expressed interest in receiving such notices and RFQs. The RFQs specified that selection would be made based on the firm's understanding of the City’s desires and general approach to completing the work, the qualifications and experience of the firm and staff identified, experience with contracts of similar scope and complexity, satisfaction of previous clients, and proposed rate schedules.

Packet Page 27

DISCUSSION/ANALYSIS
In response to the RFQ, Public Works Department staff received a total of four (4) responses on or before January 5, 2023, from the following firms:

BKF Engineers
Harris & Associates
NCE
REY Engineers
Responses from each of the firms were evaluated based on the selection criteria listed in the RFQ. BKF Engineers and NCE provided the most comprehensive responses and satisfied the stated selection criteria. Both firms have also provided similar services for other local municipalities throughout the Bay Area. Staff is therefore recommending the approval of Contractual Services Agreements for on-call pavement engineering and management services with BKF Engineers and NCE, each with a term of five (5) years and a not-to-exceed amount of $2,000,000.

Two firms were selected to cover the variety of pavement and management services needed and ensure services can be provided in a timely manner.  The not-to-exceed amount of $2,000,000 for each consultant was determined by estimating the cost of services to address the current and projected project backlog.  The selected firms will provide on-call pavement engineering and management services to help with the City’s Annual AC Overlay and Slurry Seal Programs, the Thornton Avenue Pavement Rehabilitation Project between Interstate 880 and Olive Street for which Newark recently received $2 million in federal earmarked funds, as well as other pavement maintenance projects and studies.  The required scope of services will include, but are not limited to the following:
•    Provide staff and services on an on-call, as-needed basis •    Preliminary planning services for a multi-year pavement preventative maintenance and rehabilitation plan (list of street segments) with the City’s approved and projected budget allocations
•    Data collection and site visit to assess existing pavement condition, identify potential patch paving areas and check curb ramp for ADA compliance •    Design, coordinate and prepare final plans, specifications and estimates for construction of projects
•    Review of plans and documents for constructability •    Construction management and administrative support.

Specific work activities under each agreement will be authorized by individual task orders and subject to available budget appropriation and prior budgetary funding authorization by the City Council through the Capital Improvement Plan or departmental budgets.

FISCAL IMPACT
None. Task orders related to BKF's and NCE's On-Call Contractural Services Packet Page 28
None. Task orders related to BKF's and NCE's On-Call Contractural Services Agreements may only be authorized for projects with previously approved budget appropriations or where there is an independent funding source.

REVIEW AND APPROVAL
Prepared by – Alex Tat, Senior Civil Engineer
Reviewed by – Jayson Imai, Assistant City Engineer
Reviewed by – Soren Fajeau, Public Works Director
Reviewed by – Krysten Lee, Finance Director
Reviewed by - Kristopher Kokotaylo, City Attorney
Approved by – David Benoun, City Manager
Attachments
782 Resolution On Call Pavement Engineering
Packet Page 29
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE CONTRACTUAL SERVICES AGREEMENTS WITH

BKF ENGINEERS AND NCE IN AN AMOUNT NOT TO
EXCEED $2,000,000 EACH, FOR A TERM OF FIVE (5) YEARS
WHEREAS, the City of Newark has a growing backlog of Capital Improvement Plan pavement maintenance and rehabilitation projects; and
WHEREAS, the Public Works Department issued a Request for Qualifications for on-call pavement engineering and management services to assist the City with reducing the backlog of projects; and
WHEREAS, a total of four (4) statements of qualifications were received and evaluated by staff based on the qualifications and experience of the firm and staff identified, the firm’s understanding of the City’s desires and general approach to completing the work, experience with contracts of similar scope and complexity, satisfaction of previous clients, and proposed rate schedules; and
WHEREAS, based on the staff’s evaluations, BKF Engineers and NCE were determined to be the firms 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 execute Contractual Services Agreements, each in a form approved by the City Attorney, with BKF Engineers and NCE, in an amount not to exceed $2,000,000 each, for a term of five (5) years.

BE IT FURTHER RESOLVED that specific consultant work activities shall be authorized by the City Manager or their designee with individual Task Orders, and all such activities are subject to available budget appropriation and prior budgetary funding authorization.

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

Packet Page 30
Item D. 5.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution approving a Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5
SUMMARY AND RECOMMENDATION
The California Public Employees Retirement System (CalPERS) requires that the City of Newark adopt a publicly available pay schedule that consolidates all approved regular employee salaries into one document. To meet this requirement, staff recommends that the City Council, by resolution, adopt a Salary Schedule.

BACKGROUND
California Code of Regulations, Title 2, Section 570.5 provides the requirements for a Publicly Available Pay Schedule. The pay schedule must meet eight (8) requirements:

1. Be duly approved and adopted by the City in accordance with requirements of applicable public meeting laws

2. Identify the position title for every employee positions

3. Show the pay rate as a single amount or multiple amounts within a range for each identified position

4. Indicate the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually

5. Be posted at City Hall or immediately accessible and available for public review from the City during normal business hours or posted on the City's website

6. Indicate an effective date and date of any revisions

7. Is retained by the employer and available for public inspection for not less than five years

8. Does not reference another document in lieu of disclosing the pay rate Publicly available pay schedules are a critical component for CalPERS' verification of pay rates when calculating retirement benefits. Maintaining a compliant publicly available pay schedule will support transparency and expedite CalPERS' review process.

Currently, the City relies on various publicly available documents to communicate the City's classifications and compensation, including compensation and benefit plans, memoranda of understanding, a salary schedule for temporary employees, Resolution 2505, Employee Classification Plan, and resolutions amending the Employee Packet Page 31
2505, Employee Classification Plan, and resolutions amending the Employee Classification Plan.

DISCUSSION/ANALYSIS
The City Council currently approves regular City employee salaries when an employee group's Compensation and Benefit Plan (Plan) or Memorandum of Understanding (MOU) is adopted. If salary changes are proposed after a Plan or MOU is approved, staff seeks approval of the specific salary change from City Council by resolution. To streamline compliance with the CalPERS requirement of publicly posting a City Council approved consolidated salary schedule that is passed by resolution, staff has created the attached schedule (Exhibit A). All salaries listed on the schedule were previously approved by City Council.

If approved, each instance a salary change is approved by City Council in the future, the Salary Schedule would be brought to City Council to be updated with the change.

This ensures compliance with CalPERS consolidated salary schedule requirements. To further consolidate and streamline information, the Salary Schedule may also be used as the sole document to list all approved Employee Classifications, eliminating the need to also amend Resolution 2505, Employee Classification Plan, each time a classification is abolished, changed or added. The Salary Schedule would serve as the sole document that identifies employee classifications and salaries. This could also include the salary ranges for temporary employee classifications as well, eliminating the need for two separate salary schedules.

The City Council's action approving the proposed resolution will have no impact on compensation for any individual employee of the City but will simply consolidate salaries in one publicly available schedule.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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
Resolution - Salary Schedule
Exhibit A - Salary Schedule
Packet Page 32
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ADOPTING A SALARY SCHEDULE IN

CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5 EFFECTIVE
JULY 1, 2023
WHEREAS, the Public Employees’ Retirement Law (PERL), Public Employees’ Pension Reform Act of 2013 (PEPRA), and Title 2 of the California Code of Regulations (CCR) requires local agencies to publish a publicly available pay schedule; and WHEREAS, under the PERL and PEPRA, compensation earnable and pensionable compensation are determined in accordance with amounts identified on publicly available pay schedules; and
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that salary schedules are duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; and
WHEREAS, the City currently utilizes publicly available compensation and benefit plans, memoranda of understanding, and Resolution 2505, Employee Classification Plan, to communicate the City’s classifications and salaries; and WHEREAS, the City desires to identify all classifications and salaries in one consolidated document, known as the “Salary Schedule”, eliminating the need to further update Resolution 2505; and
WHEREAS, consolidating all classifications and salaries into the Salary Schedule will not, in and of itself, result in any revisions to pay and compensation for City employees.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the Salary Schedule, effective July 1, 2023, attached as Exhibit A.

BE IT FURTHER RESOLVED that the City Council directs City staff to publish the amended salary schedule in compliance with California Code of Regulations, Title 2, Section 570.5.

Packet Page 33
Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual

51.01 4,080.80 106,100.80 53.56 4,284.80 111,404.80 56.24 4,499.20 116,979.20 59.05 4,724.00 122,824.00 62.01 4,960.80 128,980.8035.52 2,841.60 73,881.60 37.04 2,963.20 77,043.20 38.71 3,096.80 80,516.80 40.42 3,233.60 84,073.60 42.30 3,384.00 87,984.0062.29 4,983.20 129,563.20 83.14 6,651.20 172,931.20

41.33 3,306.40 85,966.40 43.19 3,455.20 89,835.20 45.13 3,610.40 93,870.40 47.10 3,768.00 97,968.00 49.26 3,940.80 102,460.8045.47 3,637.60 94,577.60 47.50 3,800.00 98,800.00 49.64 3,971.20 103,251.20 51.81 4,144.80 107,764.80 54.19 4,335.20 112,715.2051.01 4,080.80 106,100.80 53.56 4,284.80 111,404.80 56.24 4,499.20 116,979.20 59.05 4,724.00 122,824.00 62.01 4,960.80 128,980.8041.21 3,296.80 85,716.80 43.24 3,459.20 89,939.20 45.37 3,629.60 94,369.60 47.63 3,810.40 99,070.40 50.05 4,004.00 104,104.0032.18 2,574.40 66,934.40 33.57 2,685.60 69,825.60 35.02 2,801.60 72,841.60 36.60 2,928.00 76,128.00 38.15 3,052.00 79,352.0035.13 2,810.40 73,070.40 36.70 2,936.00 76,336.00 38.32 3,065.60 79,705.60 40.06 3,204.80 83,324.80 41.82 3,345.60 86,985.6040.05 3,204.00 83,304.00 42.05 3,364.00 87,464.00 44.16 3,532.80 91,852.80 46.37 3,709.60 96,449.60 48.68 3,894.40 101,254.4027.85 2,228.00 57,928.00 29.29 2,343.20 60,923.20 30.72 2,457.60 63,897.60 32.26 2,580.80 67,100.80 33.87 2,709.60 70,449.6040.73 3,258.40 84,718.40 42.55 3,404.00 88,504.00 44.47 3,557.60 92,497.60 46.42 3,713.60 96,553.60 48.46 3,876.80 100,796.8084.18 6,734.40 175,094.40 101.02 8,081.60 210,121.60 112.86 9,028.80 234,748.80 135.43 10,834.40 281,694.40

51.01 4,080.80 106,100.80 53.56 4,284.80 111,404.80 56.24 4,499.20 116,979.20 59.05 4,724.00 122,824.00 62.01 4,960.80 128,980.8065.95 5,276.00 137,176.00 79.15 6,332.00 164,632.0059.83 4,786.40 124,446.40 71.80 5,744.00 149,344.0062.02 4,961.60 129,001.60 65.12 5,209.60 135,449.60 68.37 5,469.60 142,209.60 71.79 5,743.20 149,323.20 75.38 6,030.40 156,790.4053.57 4,285.60 111,425.60 56.25 4,500.00 117,000.00 59.06 4,724.80 122,844.80 62.02 4,961.60 129,001.60 65.12 5,209.60 135,449.6052.34 4,187.20 108,867.20 54.72 4,377.60 113,817.60 57.27 4,581.60 119,121.60 59.95 4,796.00 124,696.00 62.70 5,016.00 130,416.0054.96 4,396.80 114,316.80 57.46 4,596.80 119,516.80 60.13 4,810.40 125,070.40 62.94 5,035.20 130,915.20 65.84 5,267.20 136,947.2039.21 3,136.80 81,556.80 41.19 3,295.20 85,675.20 43.24 3,459.20 89,939.20 45.42 3,633.60 94,473.60 47.69 3,815.20 99,195.2043.20 3,456.00 89,856.00 45.36 3,628.80 94,348.80 47.64 3,811.20 99,091.20 50.03 4,002.40 104,062.40 52.51 4,200.80 109,220.8035.80 2,864.00 74,464.00 37.39 2,991.20 77,771.20 39.08 3,126.40 81,286.40 40.81 3,264.80 84,884.80 42.60 3,408.00 88,608.0080.19 6,415.20 166,795.20 96.23 7,698.40 200,158.40 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80

25.03 2,002.40 52,062.40 26.30 2,104.00 54,704.00 27.62 2,209.60 57,449.60 29.00 2,320.00 60,320.00 30.47 2,437.60 63,377.60 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80
Step 3 Step 4 Step 5
Maximum
Animal Control OfficerAccounting Technician IAccounting Manager Accounting Assistant IAccountantAccounting Technician IIAdministrative AnalystAdministrative AssistantAdministrative Support Specialist IAdministrative Support Specialist II Classification
Step 1
Minimum
Step 2
Assistant Engineer-CivilAssistant Maintenance SuperintendentAssistant to the City ManagerAssociate Civil Engineer Associate PlannerAquatic Activities Specialist Aquatics CoordinatorAssistant City EngineerAssistant City ManagerChief Building OfficialChief Information Officer/Information Technology DirectorChild Care InstructorCity AttorneyBuilding Inspector IBuilding Inspector IIBuilding Mechanic IBuilding Mechanic IICashier Range 15Range 19Range 25Range 14Range 12Range 18Range 24Range 24

CITY OF NEWARK
Salary Schedule Effective 07/01/2023
Packet Page 34
Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual

72.73 5,818.40 151,278.40 87.27 6,981.60 181,521.60
130.60 10,448.00 271,648.00 156.72 12,537.60 325,977.60

46.27 3,701.60 96,241.60 48.59 3,887.20 101,067.20 51.02 4,081.60 106,121.60 53.57 4,285.60 111,425.60 56.25 4,500.00 117,000.0039.06 3,124.80 81,244.80 40.79 3,263.20 84,843.20 42.58 3,406.40 88,566.40 44.48 3,558.40 92,518.40 46.53 3,722.40 96,782.40 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80

54.27 4,341.60 112,881.60 65.12 5,209.60 135,449.6069.29 5,543.20 144,123.20 83.14 6,651.20 172,931.2043.64 3,491.20 90,771.20 45.63 3,650.40 94,910.40 47.71 3,816.80 99,236.80 49.91 3,992.80 103,812.80 52.23 4,178.40 108,638.4040.50 3,240.00 84,240.00 42.53 3,402.40 88,462.40 44.65 3,572.00 92,872.00 46.89 3,751.20 97,531.20 49.23 3,938.40 102,398.4051.01 4,080.80 106,100.80 53.56 4,284.80 111,404.80 56.24 4,499.20 116,979.20 59.05 4,724.00 122,824.00 62.01 4,960.80 128,980.8080.19 6,415.20 166,795.20 96.23 7,698.40 200,158.4072.73 5,818.40 151,278.40 87.27 6,981.60 181,521.6038.06 3,044.80 79,164.80 39.74 3,179.20 82,659.20 41.52 3,321.60 86,361.60 43.37 3,469.60 90,209.60 45.34 3,627.20 94,307.2045.17 3,613.60 93,953.60 47.17 3,773.60 98,113.60 49.33 3,946.40 102,606.40 51.60 4,128.00 107,328.00 53.94 4,315.20 112,195.2048.38 3,870.40 100,630.40 50.59 4,047.20 105,227.20 52.91 4,232.80 110,052.80 55.35 4,428.00 115,128.00 57.91 4,632.80 120,452.8052.34 4,187.20 108,867.20 54.73 4,378.40 113,838.40 57.28 4,582.40 119,142.40 59.95 4,796.00 124,696.00 62.71 5,016.80 130,436.8069.29 5,543.20 144,123.20 83.14 6,651.20 172,931.2040.33 3,226.40 83,886.40 42.33 3,386.40 88,046.40 44.47 3,557.60 92,497.60 46.68 3,734.40 97,094.40 49.02 3,921.60 101,961.6044.40 3,552.00 92,352.00 46.61 3,728.80 96,948.80 48.95 3,916.00 101,816.00 51.40 4,112.00 106,912.00 53.95 4,316.00 112,216.0045.81 3,664.80 95,284.80 48.06 3,844.80 99,964.80 50.45 4,036.00 104,936.00 52.96 4,236.80 110,156.80 55.58 4,446.40 115,606.4027.43 2,194.40 57,054.40 28.86 2,308.80 60,028.80 30.26 2,420.80 62,940.80 31.79 2,543.20 66,123.20 33.37 2,669.60 69,409.60 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80

29.31 2,344.80 60,964.80 30.79 2,463.20 64,043.20 32.33 2,586.40 67,246.40 33.95 2,716.00 70,616.00 35.64 2,851.20 74,131.20 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80

42.09 3,367.20 87,547.20 44.15 3,532.00 91,832.00 46.35 3,708.00 96,408.00 48.64 3,891.20 101,171.20 51.08 4,086.40 106,246.4056.26 4,500.80 117,020.80 59.07 4,725.60 122,865.60 62.03 4,962.40 129,022.40 65.13 5,210.40 135,470.40 68.38 5,470.40 142,230.4039.99 3,199.20 83,179.20 41.98 3,358.40 87,318.40 44.07 3,525.60 91,665.60 46.28 3,702.40 96,262.40 48.60 3,888.00 101,088.0044.43 3,554.40 92,414.40 46.65 3,732.00 97,032.00 48.97 3,917.60 101,857.60 51.42 4,113.60 106,953.60 54.00 4,320.00 112,320.00 Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Classification
City Clerk Community Preservation ManagerCommunity Preservation SpecialistCommunity Service OfficerCrime Analyst Deputy Community Development DirectorCity Manager Junior Engineer-CivilCollections AssistantCommunity Development DirectorCommunity Engagement ManagerEnvironmental Service ManagerEquipment Mechanic IEquipment Mechanic IIExecutive AssistantField AssistantEconomic Development ManagerEngineering Aide IEngineering Technician IEngineering Technician IIEngineering Technician IIIInformation Technology Technician IIFinance DirectorGeneral LaborerHuman Resources TechnicianInformation Technology Technician IInformation Technology AnalystHuman Resources Director Range 16Range 28Range 24Range 10Range 15Range 18Range 16Range 15

CITY OF NEWARK
Salary Schedule Effective 07/01/2023
Range 24Range 24
Packet Page 35
Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual

36.64 2,931.20 76,211.20 38.47 3,077.60 80,017.60 40.40 3,232.00 84,032.00 42.41 3,392.80 88,212.80 44.54 3,563.20 92,643.2040.35 3,228.00 83,928.00 42.35 3,388.00 88,088.00 44.49 3,559.20 92,539.20 46.71 3,736.80 97,156.80 49.04 3,923.20 102,003.2037.65 3,012.00 78,312.00 39.52 3,161.60 82,201.60 41.50 3,320.00 86,320.00 43.57 3,485.60 90,625.60 45.75 3,660.00 95,160.0028.80 2,304.00 59,904.00 30.24 2,419.20 62,899.20 31.77 2,541.60 66,081.60 33.36 2,668.80 69,388.80 35.04 2,803.20 72,883.2049.09 3,927.20 102,107.20 51.55 4,124.00 107,224.00 54.13 4,330.40 112,590.40 56.83 4,546.40 118,206.40 59.67 4,773.60 124,113.6072.73 5,818.40 151,278.40 87.27 6,981.60 181,521.60

40.96 3,276.80 85,196.80 42.80 3,424.00 89,024.00 44.73 3,578.40 93,038.40 46.68 3,734.40 97,094.40 48.78 3,902.40 101,462.4062.02 4,961.60 129,001.60 65.12 5,209.60 135,449.60 68.37 5,469.60 142,209.60 71.79 5,743.20 149,323.20 75.38 6,030.40 156,790.4069.29 5,543.20 144,123.20 83.14 6,651.20 172,931.2097.49 7,799.20 202,779.20 116.99 9,359.20 243,339.20 112.86 9,028.80 234,748.80 135.43 10,834.40 281,694.40

84.18 6,734.40 175,094.40 101.02 8,081.60 210,121.6055.33 4,426.40 115,086.40 58.09 4,647.20 120,827.20 61.00 4,880.00 126,880.00 64.05 5,124.00 133,224.00 67.25 5,380.00 139,880.0043.85 3,508.00 91,208.00 46.05 3,684.00 95,784.00 48.35 3,868.00 100,568.00 50.77 4,061.60 105,601.60 53.31 4,264.80 110,884.8065.83 5,266.40 136,926.40 69.12 5,529.60 143,769.60 72.57 5,805.60 150,945.60 76.20 6,096.00 158,496.00 80.01 6,400.80 166,420.8069.29 5,543.20 144,123.20 83.14 6,651.20 172,931.2076.35 6,108.00 158,808.00 91.63 7,330.40 190,590.4038.11 3,048.80 79,268.80 40.02 3,201.60 83,241.60 42.02 3,361.60 87,401.60 44.12 3,529.60 91,769.60 46.33 3,706.40 96,366.4045.45 3,636.00 94,536.00 47.72 3,817.60 99,257.60 50.11 4,008.80 104,228.80 52.62 4,209.60 109,449.60 55.25 4,420.00 114,920.00 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80

54.97 4,397.60 114,337.60 57.47 4,597.60 119,537.60 60.14 4,811.20 125,091.20 62.94 5,035.20 130,915.20 65.84 5,267.20 136,947.20 107.46 8,596.80 223,516.80 128.96 10,316.80 268,236.80

69.29 5,543.20 144,123.20 83.14 6,651.20 172,931.2040.73 3,258.40 84,718.40 42.55 3,404.00 88,504.00 44.47 3,557.60 92,497.60 46.42 3,713.60 96,553.60 48.46 3,876.80 100,796.8053.57 4,285.60 111,425.60 56.25 4,500.00 117,000.00 59.06 4,724.80 122,844.80 62.02 4,961.60 129,001.60 65.12 5,209.60 135,449.6038.86 3,108.80 80,828.80 40.81 3,264.80 84,884.80 42.85 3,428.00 89,128.00 44.99 3,599.20 93,579.20 47.24 3,779.20 98,259.2059.07 4,725.60 122,865.60 62.03 4,962.40 129,022.40 65.13 5,210.40 135,470.40 68.38 5,470.40 142,230.40 71.80 5,744.00 149,344.0059.07 4,725.60 122,865.60 62.03 4,962.40 129,022.40 65.13 5,210.40 135,470.40 68.38 5,470.40 142,230.40 71.80 5,744.00 149,344.0038.65 3,092.00 80,392.00 40.37 3,229.60 83,969.60 42.21 3,376.80 87,796.80 44.04 3,523.20 91,603.20 46.02 3,681.60 95,721.60 Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Classification
Permit TechnicianPlan Check EngineerPlanning ManagerRecreation CoordinatorPolice Sergeant Police Support Service ManagerPrincipal Civil EngineerPublic Safety ClerkPublic Safety DispatcherPolice CaptainPolice ChiefPolice Lieutenant

CITY OF NEWARK
Salary Schedule Effective 07/01/2023
Landscape & Parks Maintenance Worker ILandscape & Parks Maintenance Worker IILandscape InspectorLead Child Care InstructorPolice OfficerPolice Records SupervisorRecreation Supervisor Red Light Photo Enforcement TechnicianSenior AccountantSenior Administrative AnalystSenior Administrative Support SpecialistPublic Works DirectorPublic Works InspectorRecreation and Community Service DirectorRecreation and Community Service Manager Range 15 Range 19Range 15Range 17Range 24Range 24Range 16Range 15Range 22Range 25 Lead Public Safety DispatcherMaintenance Superintendent Packet Page 36
Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual

57.43 4,594.40 119,454.40 60.13 4,810.40 125,070.40 62.70 5,016.00 130,416.00 65.89 5,271.20 137,051.20 68.98 5,518.40 143,478.4047.58 3,806.40 98,966.40 49.92 3,993.60 103,833.60 52.45 4,196.00 109,096.00 55.06 4,404.80 114,524.80 57.83 4,626.40 120,286.4068.40 5,472.00 142,272.00 71.82 5,745.60 149,385.60 75.42 6,033.60 156,873.60 79.19 6,335.20 164,715.20 83.14 6,651.20 172,931.2048.88 3,910.40 101,670.40 51.32 4,105.60 106,745.60 53.88 4,310.40 112,070.40 56.57 4,525.60 117,665.60 59.42 4,753.60 123,593.6062.02 4,961.60 129,001.60 65.12 5,209.60 135,449.60 68.37 5,469.60 142,209.60 71.79 5,743.20 149,323.20 75.38 6,030.40 156,790.4044.43 3,554.40 92,414.40 46.65 3,732.00 97,032.00 48.99 3,919.20 101,899.20 51.43 4,114.40 106,974.40 54.00 4,320.00 112,320.0044.43 3,554.40 92,414.40 46.65 3,732.00 97,032.00 48.99 3,919.20 101,899.20 51.43 4,114.40 106,974.40 54.00 4,320.00 112,320.0062.02 4,961.60 129,001.60 65.12 5,209.60 135,449.60 68.37 5,469.60 142,209.60 71.79 5,743.20 149,323.20 75.38 6,030.40 156,790.4059.07 4,725.60 122,865.60 62.03 4,962.40 129,022.40 65.13 5,210.40 135,470.40 68.38 5,470.40 142,230.40 71.80 5,744.00 149,344.0044.44 3,555.20 92,435.20 46.66 3,732.80 97,052.80 48.99 3,919.20 101,899.20 51.44 4,115.20 106,995.20 54.01 4,320.80 112,340.8036.64 2,931.20 76,211.20 38.47 3,077.60 80,017.60 40.40 3,232.00 84,032.00 42.41 3,392.80 88,212.80 44.54 3,563.20 92,643.2040.35 3,228.00 83,928.00 42.35 3,388.00 88,088.00 44.49 3,559.20 92,539.20 46.71 3,736.80 97,156.80 49.04 3,923.20 102,003.2042.39 3,391.20 88,171.20 44.51 3,560.80 92,580.80 46.74 3,739.20 97,219.20 49.07 3,925.60 102,065.60 51.52 4,121.60 107,161.6032.01 2,560.80 66,580.80 33.60 2,688.00 69,888.00 35.29 2,823.20 73,403.20 37.04 2,963.20 77,043.20 38.90 3,112.00 80,912.0020.05 1,604.00 41,704.00 21.05 1,684.00 43,784.00 22.10 1,768.00 45,968.00 23.20 1,856.00 48,256.00 24.36 1,948.80 50,668.8025.03 2,002.40 52,062.40 26.30 2,104.00 54,704.00 27.62 2,209.60 57,449.60 28.99 2,319.20 60,299.20 30.47 2,437.60 63,377.60 Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Senior Building MechanicSenior Civil EngineerSenior Equipment MechanicSenior Information Technology Analyst

CITY OF NEWARK
Salary Schedule Effective 07/01/2023
Classification
Youth Instructor IIStreet Maintenance Worker IStreet Maintenance Worker IIStreet Maintenance Worker LeadVehicle Abatement OfficerYouth Instructor ISenior Landscape & Parks Maintenance WorkerSenior Landscape InspectorSenior PlannerSenior Recreation SupervisorSenior Street Maintenance WorkerSenior Building Inspector Packet Page 37
Item D. 6.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Brian Simon, Lieutenant
SUBJECT Adopt a resolution authorizing the City Manager to execute an agreement with Faro Technologies Incorporated for the Focus Premium Three-Dimensional Scanner and amend the 2022-2024 Biennial Budget and Capital Improvement Plan for FY 2024 SUMMARY AND RECOMMENDATION
The Newark Police Department currently owns a 13+ year old Leica total station device which is used for gathering evidence at crime and collision scenes. The total station device relies on manual measurements and line-of sight observations to gather two-dimensional evidentiary data. City staff recommends the replacement of this antiquated total station device with a three-dimensional scanner from Faro Technologies Incorporated that employs advanced laser scanning technology to capture precise three-dimensional data and photographs of evidentiary scenes. Faro Technologies Incorporated has been evaluated by staff as a sole source vendor to provide the three-dimensional scanner technology with proprietary encryption that meets Department of Justice Evidentiary requirements. Staff also recommends that the City Council amend the 2022-2024 Biennial Budget and Capital Improvement Plan.

BACKGROUND
The Newark Police Department purchased a Leica total station device more than thirteen years ago for use in evidence collection at crime and collision scenes. The total station employs a laser device geolocated at the scene. One officer points the laser from the total station device toward a second officer holding a reflector pole over a piece of evidence. With the use of a laser, the total station provides the potential to collect more data points and reduces the time required to gather evidence over previous conventional methods of tape measures and carpenter squares. Moreover, the total station requires fewer officers to operate efficiently.

Despite these advantages, the total station method also has its limitations. The final 2-dimensional product is created by a computer that necessitates more manual computer processing and manipulation to generate the image. Furthermore, like previous conventional methods, any data not collected or considered relevant at the time is lost once the scene is cleared.

DISCUSSION/ANALYSIS
The Faro 3D Scanner presents a significant advancement in laser measurement Packet Page 38
The Faro 3D Scanner presents a significant advancement in laser measurement technology over the City's aging total station, offering a range of distinct advantages.

First, the Faro 3D Scanner eliminates the need for a team of officers to laser measure the scene. This not only saves time but also enhances evidence integrity by minimizing the disturbance to the crime or collision scene during the data capture process. Second, the scanner captures a vast amount of data points, creating a highly detailed and accurate 3D representation of the scene. This comprehensive data collection surpasses the limitations of traditional methods, enabling investigators to analyze and reconstruct the scene more effectively. Additionally, the Faro three-dimensional scanner's digital output allows for enhanced documentation, eliminating the possibility of data loss or human error during manual drawings.

Moreover, the scanner's ability to create precise three-dimensional models expedites the analysis process and facilitates collaboration among investigators and other stakeholders. With its speed, accuracy, and advanced capabilities, the Faro 3D Scanner is ideal for the City's needs related crime scene investigation and collision analysis.

FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan did not include appropriation for this purchase therefore a $95,000 budget appropriation of equipment replacement funds is needed. Staff recommends the City Council of the City of Newark authorize a budget amendment to the Equipment Replacement Fund (701) as follows:

Increase: 701.87.701.800.8053 Special Police Equipment $95,000

Decrease: 701.3000 Unallocated Fund Balance $95,000 REVIEW AND APPROVAL
Prepared by - Brian Simon, Lieutenant
Reviewed by - Jonathan Arguello, Captain
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Faro Resolution
Packet Page 39
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH FARO TECHNOLOGIES

INCORPORATED TO PURCHASE THE FARO FOCUS

PREMIUM THREE-DIMENSIONAL SCANNER AND AMEND
THE 2022-2024 BIENNIAL BUDGET AND CAPITAL

IMPROVEMENT PLAN
WHEREAS, Newark Police Department has identified a need for replacement of existing total station crime scene measuring device which has reached the end of its useful life; and WHEREAS, the Faro Focus Premium Laser scanner would satisfy the Police Departments needs for this replacement in Fiscal Year 2024 through the Equipment Replacement Fund; and WHEREAS, Faro Technologies Incorporated is the sole vendor able to provide the threedimensional scanner technology with proprietary encryption that meets Department of Justice Evidentiary requirements; and
WHEREAS, formal bids would work an incongruity and would be unavailing in affecting the final results; and
WHEREAS, Faro Technologies Incorporated is the sole provider of the software service, warranty, maintenance, annual calibration, and training programs associated with Faro Focus Laser Scanner and thus formal bids would not produce any advantage to the City; and WHEREAS, a budget amendment is necessary to fund the replacement of this equipment in Fiscal Year 2024 through the Equipment Replacement Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to executed an agreement, in a form approved by the City Attorney, for the purchase of a Faro Focus Premium Laser Scanner from Faro Technologies Incorporated in the amount not to exceed $95,000.

BE IT FURTHER RESOLVED that the City Council of the City of Newark does hereby approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to appropriate an additional $95,000 for this purchase using existing unallocated equipment replacement funds as follows:

Increase: 701.87.701.800.8053 Special Police
Equipment $95,000
Decrease: 701.3000 Unallocated Fund Balance $95,000
Packet Page 40
Item D. 7.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a resolution authorizing the acceptance of the State of California grants for Quiet Zone Safety Improvement in the amount of $2,000,000 and for Broadband Improvements in the amount of $1,800,000 and amend the 2022-2024 Biennial Budget and Capital Improvement Plan
SUMMARY AND RECOMMENDATION
City staff submitted requests to Assembly Member Alex Lee's office, asking if the Assembly Member could undertake legislative efforts to fund high priority projects within the City. As a result of the request and as a result of Mr. Lee's efforts, the State legislature approved funding for Quiet Zone Railroad Safety Improvements and Broadband Improvements totaling $3.8 million in grants. Staff recommends that the City Council, by resolution, authorize the City to accept the State of California grants for Quiet Zones through the California Department of Transportation and for Broadband Improvements through the California Department of Technology and also amend the 2022-2024 Biennial Budget and Capital Improvement Plan.

BACKGROUND
In July 2022, City staff contacted Assembly Member Lee's Office and requested that he lead legislative efforts that result in funding for high priority projects that would address Citywide service needs, including traffic safety and accessibility. Among the list of projects requested were the Quiet Zones and Broadband Infrastructure Project. As a result of the efforts of City staff and Assembly Member Lee, the City of Newark was selected to receive $3.8 million for improvements in accordance with State Administrative Manual Section 8002.1 and Assembly Bill (AB) 179, Amendment to 2022 California Budget Act. Below is the intended use of funds.

Quiet Zones - $2 million
Funding for Quiet Zone Safety Improvements will enable the City to address an important quality of life issue for Newark residents by essentially eliminating the need for train horns when a train passes a roadway-rail at-grade crossing in the City. The City of Newark currently has ten (10) active and three (3) inactive public at-grade crossings. Many of these crossings are directly adjacent to densely populated residential areas. The Federal Railroad Administration regulations require that locomotive horns be sounded at every at-grade crossing, regardless of the time of day, which has an impact on residents that the City would like to mitigate. Federal regulations also provide for the implementation of Quiet Zones at these crossings where alternative supplemental safety features can be installed Packet Page 41
for the purpose of eliminating the requirement that train horns be sounded. These supplemental safety features primarily include four-quadrant security gates and raised medians. The City recently completed a Quiet Zones Feasibility Study that included findings that Quiet Zones are possible at each of the City's active at-grade crossings. With those findings, the City is now moving forward with the specific designs of the supplemental safety features for each crossing and seeking funding from multiple sources to construct the improvements. The implementation of Quiet Zones on a Citywide basis would be a significant quality of life enhancement for Newark residents.

Broadband Infrastructure Project - $1.8 million
The purpose of the Broadband Master Plan is to ensure sufficient infrastructure is in place to provide robust broadband services for residents and businesses. The City has hired a consultant who is working extensively with City staff and departments as well as stakeholders in the community to understand how Newark can best use its unique capabilities and strengths to enhance quality of life, economic development, and government innovation by increasing the availability of broadband throughout the community. Outreach to Newark businesses, residents and community anchors and interviews with City departments will guide the assessment of the state of broadband in Newark to identify use cases and key issues impacting the community and city operations. The Master Plan scope of work would include development of an inventory, to the extent possible, of existing fiber optic infrastructure, identification of unserved and underserved areas, identification of gaps in infrastructure assets, and development of phased improvement to address short-term and long-term needs. The Master Plan will identify solutions for improved broadband services to unserved and underserved areas. The development phase will follow findings, recommendations and strategies of the Broadband Master Plan and will focus on the priorities developed through the Master Plan process to improve the existing network.

DISCUSSION/ANALYSIS
The funding for the City of Newark to receive $3.8 million from the State of California for the Quiet Zones and Broadband Improvement projects was adopted in August 2022 in accordance with State Administrative Section 8002.1 and Assembly Bill (AB) 179, Amendment to 2022 California Budget Act.

Upon acceptance of the funds by the City of Newark, the State of California will work through both the California Department of Transportation (Quiet Zones) and California Department of Technology (Broadband) to disburse the funds.

Quiet Zones - Newark experiences a fairly high degree of railroad traffic, including two subdivision lines. Federal regulations require trains to sound horns at high decibel levels within certain distances of at-grade railroad crossings. However, Federal law allows local agencies to design and construct improvements at railroad crossings that would make it safe so that trains do not have to sound their horns. To address residents' continued and increased concerns over loud train horn soundings in Newark, the City retained a consultant to determine if improvements could be constructed at Packet Page 42
crossings in Newark and, if so, provide estimated costs. That study concluded it is permissible to do so and estimates the cost of improvements at around $2 million. Once funding is received, the City will complete the design phase and move into the construction phase of the project.

Broadband - The City issued a Request for Proposal to retain a consultant to assist with the development of a Broadband Master Plan. The master plan will identify any gaps of broadband service to residents and businesses. The $1.8 million from the State will supplement the $1.2 million designated in the City of Newark's American Rescue Plan Act (ARPA) funds for the Broadband project. This cumulative $3 million will not fully fund all goals of the master plan. However, it will allow for implementation to begin soon after adoption of the master plan, which is anticipated to be near the end of this calendar year.

FISCAL IMPACT
The recommended action of adopting a resolution to accept the AB179 Quiet Zones and Broadband Improvements grants through the State of California will increase revenue to help fund the two projects. Staff recommends an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan to reflect the increased revenue and appropriation as follows:

Increase Revenue: $2,000,000 of State Grants AB179 for Quiet Zones Project (GL 492.90.094.940.4792.CIP001357)
Increase Revenue: $1,800,000 of State Grants AB179 for Broadband Project (GL 492.90.094.940.4792)
Increase Appropriation: $3,800,000 transfers out to offset expenditures in other funds (GL 492.90.094.940.9999)
Increase Appropriation: $2,000,000 for general contractual services for Quiet Zones Design & Construction (GL 610.90.094.940.6221.CIP001357) REVIEW AND APPROVAL
Prepared by - Ed Miranda, CIO/IT Director and Soren Fajeau, Public Works Director Reviewed 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
Resolution Grants
Packet Page 43
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY TO ACCEPT THE
ASSEMBLY BILL 179 (AB179) QUIET ZONES AND

BROADBAND IMPROVEMENT GRANT THROUGH THE
STATE OF CALIFORNIA AND AMEND THE 2022-2024
BIENNIAL BUDGET.

WHEREAS, the City of Newark has been selected to receive $3.8 million from the State of California as a result of lobbying efforts of City Staff and Assemblymember Alex Lee for Quiet Zones and Broadband Improvements in accordance with State Administrative Manual Section 8002.1 and Assembly Bill (AB)179, Amendment to 2022 California Budget Act; and WHEREAS, the State of California included $2,000,000 for Quiet Zones in their budget adopted August 2022 to be allocated by the California Department of Transportation; and WHEREAS, the City of Newark will submit an invoice to the California Department of Transportation for the $2,000,000 allocated for Broadband Improvements; and WHEREAS, the State of California included $1,800,000 for Broadband Improvements in their budget adopted August 2022 to be allocated by the California Department of Technology; and
WHEREAS, the City of Newark will submit an invoice to the California Department of Technology, Office of Technology Services for the $1,800,000 allocated for Broadband Improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark authorizes the City to accept the State of California grants for Quiet Zones and Broadband Improvements.

BE IT FURTHER RESOLVED that the City Council of the City of Newark approves an amendment to the 2022-2024 Biennial Budget and Capital Improvement Program as follows:

Incr: 492.90.094.940.4792.CIP001357 State Grants AB179 - Quiet Zones $2,000,000 Incr: 492.90.094.940.4792 State Grants AB179 – Broadband $1,800,000 Incr: 492.90.094.940.9999 Transfer Out $3,800,000
Incr: 610.90.094.940.6221.CIP001357 Quiet Zones Design & Construction $2,000,000 Packet Page 44
Item D. 8.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution (1) adding multiple positions to the Employee Classification Plan; (2) adding and deleting multiple positions from the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (3) approving a Side Letter amending the Memorandum of Understanding between the City of Newark and Newark Association of Miscellaneous Employees; (4) amending the Compensation and Benefit Plan for Management, Supervisory and Professional Employees; (5) approving an amendment to the City's Salary Schedule; and (6) amending the 2022-2024 Biennial Budget and Capital Improvement Plan
SUMMARY AND RECOMMENDATION
City staff is nearing completion of a Citywide Classification and Compensation Study and staffing requests. As results are prepared and reviewed, staff is recommending proposed actions to the City Council to address staffing needs. Staff recommends that the City Council adopt a resolution (1) adding Equipment Mechanic I/II, Landscape and Parks Maintenance Worker I/II, Management Analyst I/II, Senior Management Analyst and Deputy Economic Development Director to the Employee Classification Plan; (2) deleting two full-time equivalent (FTE) Equipment Mechanic IIs, two FTE Landscape and Parks Maintenance Worker Is, two FTE Landscape and Parks Maintenance Worker IIs, three (FTE) Administrative Analysts and one FTE Economic Development Manager, and adding two FTE Equipment Mechanic I/II, four FTE Landscape and Parks Maintenance Worker I/II, four FTE Management Analysts I/II and one FTE Deputy Economic Development Director to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; (3) approving a Side Letter amending the Memorandum of Understanding; (4) amending the Compensation and Benefit Plan for Management, Supervisory and Professional Employees; (5) approving an amendment to the City's Salary Schedule; and (6) amending the 2022-2024 Biennial Budget and Capital Improvement Plan.

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 Packet Page 45
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 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
EQUIPMENT MECHANIC I/II AND LANDSCAPE AND PARKS MAINTENANCE WORKER I/II
The Maintenance Division of the Public Works Department includes four sections - Equipment/Fleet, Landscape and Parks, Streets, and Buildings/Facilities. Two of the four sections, Streets and Buildings/Facilities, currently have a flexible staffing model for the entry (I) and journey level (II) positions. This model allows an employee to advance from level I to level II if they meet the minimum qualifications, journey level work is available/necessary for effective operations, and there is sufficient budget. This type of advancement opportunity is attractive to employees who aspire to achieve journey level status and job candidates who seek an employer with a career ladder providing both midterm and long-term promotional opportunities. Currently, the Equipment/Fleet and Landscape and Parks sections' job classifications do not have this same advancement model, as the entry and journey level positions are separated into two separate classifications. Staff recommends that the Equipment/Fleet and Landscape and Parks sections' entry level (I) and journey level (II) job classifications be combined to provide the same advancement opportunities as the other two Maintenance Division sections.

MANAGEMENT ANALYST I/II AND SENIOR MANAGEMENT ANALYST
The Study included a comparison of job descriptions and salaries of the City's Administrative Analyst position. In the City's labor market, "Management Analyst" was the common title for the position comparable to the City's "Administrative Analyst".

Similarly, the City's Senior Administrative Analyst position is found to be commonly titled "Senior Management Analyst". For recruitment and retention purposes, staff recommends that the City follow common practice and rename the classifications of Administrative Analyst and Senior Administrative Analyst to Management Analyst and Senior Management Analyst. Also, to expand the career ladder for employees and to follow another public sector common practice, staff recommends that entry and journey level responsibilities be separated into two classifications, and that the advancement model be applied, resulting in a single class specification of Management Analyst I/II.

This allows for an employee to advance from a level I to level II when the need for more complex or higher level work exists, funding is available, and an employee is qualified for the level II position. Exploring expansion of the career ladder led to a review of the job duties currently assigned to the four incumbents of the Administrative Packet Page 46
review of the job duties currently assigned to the four incumbents of the Administrative Analyst classification in the City Manager's Office, Human Resources, Police, and Public Works. Application of the career ladder would result in three Management Analyst I/II positions, one each in Human Resources, Police and Public Works, and one Senior Management Analyst position in the City Manager's Office. If approved, all four positions would be retitled and the employees in those positions would be reclassified to the new titles.

Applying the Study's compensation results, the current salary steps for Administrative Analyst are comparable to Management Analyst II in our labor market. Therefore, staff recommends that the Administrative Analyst salary steps be applied to the Management Analyst II, and that a five-step salary structure be created for the Management Analyst I classification that is 10% below the current Administrative Analyst compensation. Results also indicate the Administrative Analyst classification is 4.6% over the market average and the Senior Administrative Analyst classification is

1.3% below the market average. Following past practice, the City has consistently considered adjusting only those classifications that are below market. In addition to the labor market survey results, a review of internal relationships and compaction is also conducted. After reviewing all information, staff recommends that the Senior Management Analyst salary steps be increased 1.3%. This will ensure the City attracts and retains talent, and aligns with the goals of the compensation study to remain competitive in the labor market and address internal compensation relationships.

ECONOMIC DEVELOPMENT REORGANIZATION
The City's Economic Development Division has grown significantly in recent years. The Economic Development Manager and a variety of temporary personnel (mostly interns) have increased outreach efforts, services, and assistance to Newark businesses. The impacts of the Division's activities include a more connected small business owners' community; increased knowledge of business practices to sustain and promote small businesses; and other training to assist businesses to prepare for emergencies and respond to urgent safety situations. Outreach efforts have been multilingual, reaching business owners previously unfamiliar with City services. Working with consultants on a variety of topics to recruit businesses to fill retail vacancies, plan for the future of our business community, and support the Chamber of Commerce all lead to a more resilient business community that supports the services the City provides to all community members.

To recognize the highly complex work required of the current Economic Development Manager position, staff recommends reclassifying the position to Deputy Economic Development Director and assign salary range 18, commensurate with the expanded duties of the position and the salary of the City's other deputy director position in the Community Development Department. Also, in recognition of the increasing workload and benefits the City derives from the expansion of services, staff recommends the addition of one FTE Management Analyst I/II to the Economic Development Division. With this addition, the Economic Development Division would have two dedicated full-time employees. A budget amendment would be required to fund the Management Analyst I/II position and the increase in salary resulting from reclassifying the Economic Development Manager to the Deputy Economic Packet Page 47
Development Director. A portion of funding would be transferred from the current temporary employee salaries to lower the net cost of these positions, with additional funding needed from the City's unallocated funds.

FISCAL IMPACT
There is sufficient budget in FY 2024 to implement the advancement model for the Equipment/Fleet and Landscape and Parks Maintenance Worker job classifications.

Renaming the classifications of Administrative Analyst to Management Analyst I/II and Senior Administrative Analyst to Senior Management Analyst results in a negligible increase in the City Manager Office personnel budget to adjust the current Administrative Analyst's salary to the closest step in the new Senior Management Analyst classification compensation.

A budget amendment of $130,000 from General Fund unallocated fund balance is required to increase the Economic Development Division budget to fund the upgrade of the Economic Development Manager to Deputy Economic Development Director and the addition of one full-time equivalent Management Analyst I/II. This increase is net of the $53,000 temporary personnel budget which will be replaced with the new Management Analyst I/II position. Future years' salaries would be proposed for City Council approval through the regular biennial budget process.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE EMPLOYEE CLASSIFICATION
PLAN TO ADD MULTIPLE CLASS SPECIFICATIONS;

APPROVING A SIDE LETTER TO THE MEMORANDUM OF

UNDERSTANDING WITH THE CITY OF NEWARK AND THE

NEWARK ASSOCIATION OF MISCELLANEOUS
EMPLOYEES; AMENDING THE COMPENSATION AND

BENEFIT PLAN FOR THE MANAGEMENT, SUPERVISORY,
AND PROFESSIONAL EMPLOYEE GROUP; AUTHORIZING

THE ADDITION AND DELETION OF MULTIPLE POSITIONS
TO THE 2022-2024 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEAR 2024; AMENDING
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 Maintenance Division, Economic Development Manager, Administrative Analyst and Senior Administrative Analyst classifications; and
WHEREAS, the study showed the Management Analyst class specification is comparable to the City’s Administrative Analyst classification in the labor market; and WHEREAS, offering promotional opportunities through advancement in a classification series supports the City’s efforts to maintain a competitive labor market position and accurately classify its employees; and
WHEREAS, the classifications are included in the Management, Supervisory and Professional Employee Group or represented by the Newark Association of Miscellaneous Employees (NAME) pursuant to the Memorandum of Understanding with the City; 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 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 two full-time equivalent (FTE) Equipment Mechanic II, two FTE Landscape and Parks Maintenance Worker I, two FTE Landscape and Parks Maintenance Worker II, three (FTE) Administrative Analyst and one FTE Economic Development Manager positions, and add two FTE Equipment Mechanic I/II, four FTE Landscape and Parks Maintenance Worker I/II, three FTE Management Analyst I/II, one Senior Management Analyst and one FTE Deputy Economic Development Director positions; and
Packet Page 49
WHEREAS, reclassifying the Economic Development Manager and adding a Management Analyst requires a budget amendment.

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 Group be amended to delete the classifications of Administrative Analyst, Senior Administrative Analyst and Economic Development Manager, and add the classifications of Management Analyst I/II and Senior Management Analyst with the listed salary steps below, and add Deputy Economic Development Director and assign Salary Range 18, effective July 28, 2023.

BE IT FURTHER RESOLVED that the City Council approves a Side Letter to the Memorandum of Understanding with the City of Newark and the Newark Association of Miscellaneous Employees to delete the classifications of Equipment Mechanic I, Equipment Mechanic II, Landscape and Parks Maintenance Worker I, and Landscape and Parks Maintenance Worker II and add the classifications of Equipment Mechanic I/II, Landscape and Parks Maintenance Worker I/II effective July 28, 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 delete two full-time equivalent (FTE) Equipment Mechanic II, two FTE Landscape and Parks Maintenance Worker I, two FTE Landscape and Parks Maintenance Worker II, three FTE Administrative Analyst and one FTE Economic Development Manager positions, and add two FTE Equipment Mechanic I/II, four FTE Landscape and Parks Maintenance Worker I/II, three FTE Management Analyst I/II, one Senior Management Analyst and one FTE Deputy Economic Development Director position.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the classifications of Management Analyst I, Management Analyst II, Senior Management Analyst and Deputy Economic Development Director with salaries as follows:

Deputy Economic Development Director – Range 18 $ 13,899.60 to $ 16,679.52 Management Analyst series
Step 1 Step 2 Step 3 Step 4 Step 5
Management
Analyst I Hourly $ 45.91 $ 48.20 $ 50.62 $ 53.15 $ 55.81 Biweekly $ 3,672.72 $ 3,856.32 $ 4,049.28 $ 4,251.60 $ 4,464.72 Annual $ 95,490.72 $100,264.32 $ 105,281.28 $ 110,541.60 $ 116,082.72 Management
Analyst II Hourly $ 51.01 $ 53.56 $ 56.24 $ 59.05 $ 62.01 Biweekly $ 4,080.80 $ 4,284.80 $ 4,499.20 $ 4,724.00 $ 4,960.80 Annual $106,100.80 $111,404.80 $ 116,979.20 $ 122,824.00 $ 128,980.80 Senior
Management
Analyst
Hourly $ 60.84 $ 63.89 $ 67.08 $ 70.43 $ 73.95
Biweekly $ 4,867.37 $ 5,111.27 $ 5,366.71 $ 5,634.51 $ 5,916.32 Annual $126,551.57 $132,893.07 $ 139,534.51 $ 146,497.31 $ 153,824.32 Packet Page 50
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 as follows:

TO: 110.50.051.510.5110 Economic Development Division Salaries $183,000 FR: 110.50.051.510.5120 Part-Time Temporary Salaries $ 53,000 FR: 110.3000 Unallocated Fund Balance $130,000
Packet Page 51
510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
City Manager’s Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees (NAME) Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: July 27, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Association of Miscellaneous Employees (NAME) July 1, 2022- June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address advancement opportunities within class families to recruit and retain talent. This side letter will become effective upon approval by the City Council.

Throughout the Name MOU, replace “Equipment Mechanic I” and “Equipment Mechanic II” with “Equipment Mechanic I/II”; and replace “Landscape and Parks Maintenance Worker I” and “Landscape and Parks Maintenance Worker II” with “Landscape and Parks Maintenance Worker I/II”.

Dated: _______________________________
For the City of Newark: For the Newark Association of Miscellaneous Employees:
_____________________________________ ______________________________________ David J. Benoun, City Manager Jackson Posadas, President Packet Page 52
Item D. 9.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Jayson Imai, Assistant City Engineer
SUBJECT Adopt a resolution finding that emergency conditions exist that do not permit a delay resulting from a competitive solicitation for bids and authorizing the City Manager to take necessary action to negotiate and award an emergency construction contract and expenditure for the repair of a roadway sinkhole and storm drain on Smith Avenue and amendment of the 2022-2024 Biennial Budget for Fiscal Year 2024; exempt from CEQA review per CEQA Guidelines Section 15301
SUMMARY AND RECOMMENDATION
The formation of a roadway sinkhole on Smith Avenue directly fronting Birch Grove Primary Elementary School has created emergency conditions that will not permit a delay resulting from a competitive solicitation for bids and necessitates action to negotiate and award an emergency construction contract and expenditure for a roadway sinkhole and storm drain repair.

Staff recommends that the City Council adopt a resolution finding that emergency conditions exist as a result of the damage to the storm drain and roadway on Smith Avenue fronting Birch Grove Primary Elementary School and that substantial evidence exists that the emergency conditions will not permit a delay resulting from a competitive solicitation of bids and that action is necessary to respond to the emergency conditions in order to safeguard life, health and property. The proposed resolution authorizes the City Manager to negotiate and award an emergency construction contract necessary for the repair and provides for a budget amendment that is necessary for the repair work to be completed.

BACKGROUND
Damage to the storm drain main along Smith Avenue has eroded the surrounding roadway subgrade, causing a sinkhole to form directly adjacent to Birch Grove Primary Elementary School. Substantial evidence indicates that these conditions constitute an emergency of further potential damage to infrastructure that requires immediate attention which will not permit a delay resulting from a competitive solicitation of bids.

In addition to the threat to infrastructure, the City will seek to complete the necessary repairs prior to the start of the school year in order to avoid the potential logistical challenges with mobilizing and completing the work in a timely manner with the increased school traffic at Birch Grove Primary Elementary School.

Packet Page 53
The City of Newark’s Purchasing Ordinance and the Public Contract Code generally require that public projects be awarded by competitive bid absent a qualifying emergency pursuant to Public Contract Code (PCC) section 22050. Following the formal bidding process will result in significant delays for the work required to repair the storm drain main and roadway, causing public health and safety concerns as a result of further potential damage to infrastructure as a result of existing conditions.

DISCUSSION/ANALYSIS
Pursuant to PCC section 22050, a public works contract may be awarded without competitive bidding provided that the legislative body makes a finding, by four-fifths vote, that an emergency, as defined by PCC section 1102, exists. This requires an emergency would mean that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property pursuant to PCC section 20168. Substantial evidence indicates that the sinkhole and damaged storm drain on Smith Avenue constitute an emergency that requires immediate attention which will not permit a delay resulting from a competitive solicitation of bids. In order to prevent further damage to infrastructure and safeguard life, health and property, staff recommends that the City Council make the necessary findings and adopt the proposed resolution which authorizes the City Manager to negotiate and enter into an emergency construction contract for the necessary repairs without competitive bidding and amends the budget.

PCC section 22050 further requires that if the City Council adopts a resolution finding that an emergency exists, a report shall be provided at each subsequent regularly scheduled City Council meeting thereafter on the status of the actions related to the emergency expenditure until the emergency action is terminated. Any continuation of the emergency action would be subject to a four-fifths vote of the City Council.

FISCAL IMPACT
Staff recommends amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to allocate $80,000 of Capital Improvement Fund Reserves to Smith Avenue Sinkhole Repairs, Project No. 1358. The recommended allocation accounts for the estimated costs of the repairs as well as contingency for any additional unforeseen construction costs necessary to complete the work.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The repair and maintenance of existing facilities is categorically exempt under the California Environmental Quality Act (CEQA) section 15301 (Existing Facilities).

REVIEW AND APPROVAL
Prepared by - Jayson Imai, Assistant City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Gloria del Rosario, Accounting Manager
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Packet Page 54
Attachments
Sinkhole Emergency Resolution
Packet Page 55
RESOLUTION NO.

RESOLUTION TO FIND THAT EMERGENCY CONDITIONS

EXIST THAT DO NOT PERMIT A DELAY RESULTING FROM

A COMPETITIVE SOLICITATION FOR BIDS FOR

NECESSARY WORK TO PERFORM SINKHOLE AND STORM
DRAIN REPAIRS ON SMITH AVENUE; TO AUTHORIZE THE

CITY MANAGER TO NEGOTIATE AND AWARD AN
EMERGENCY CONSTRUCTION CONTRACT; AND
APPROVING AN AMENDMENT OF THE 2022-2024
BIENNIAL BUDGET FOR FISCAL YEAR 2023-2024
WHEREAS, damage to the storm drain main along Smith Avenue has eroded the surrounding roadway subgrade, causing a sink hole to form directly adjacent to Birch Grove Primary Elementary School; and
WHEREAS, the Public Works Director has evaluated the damage on Smith Avenue and determined that absent immediate repairs, further damage to infrastructure may occur, jeopardizing public safety and property; and
WHEREAS, immediate repairs are necessary to safeguard life, health and public safety; and
WHEREAS, the public interest and necessity demand the immediate expenditure of public money to safeguard life, health and property.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby finds that the above recitals are true and accurate and hereby incorporated by reference.

BE IT FURTHER RESOLVED that the City Council finds, by a four-fifths vote, that an emergency pursuant to Public Contract Code section 22050 exists based on substantial evidence set forth herein and in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that this action is necessary to respond to the emergency.

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to negotiate and award an emergency construction contract, without letting competitive bids and in a form approved by the City Attorney, to a responsible contractor..

BE IT FURTHER RESOLVED that the City Manager or designee is authorized and empowered to execute on behalf of the City of Newark all documents and take any actions necessary to accomplish such emergency repairs on Smith Avenue and effectuate the intent of this Resolution.

Packet Page 56
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to allocate $80,000 of Capital Improvement Funds to project account 1358 as follows:

Account Description Amount
TO: 610.90.094.940.6221.CIP1358 Smith Avenue Sink Hole Repairs $80,000

FR: 610.3000 Unappropriated Fund Balance $80,000
Packet Page 57
Item E. 1.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT Hearing to consider adoption of a resolution approving Development Impact Fee amendments to the Master Fee Schedule for Fiscal Year 2024 SUMMARY AND RECOMMENDATION
The City's development impact fees are contained within the City’s Master Fee Schedule (MFS). Development impact fees are imposed upon projects for the purpose of mitigating the impacts that the projects have on the city's ability to provide public facilities. Typically, yearly updates to the development impact fees are included in the annual update to the MFS. However, this year, as a result of a comprehensive fee study, the MFS is undergoing an extensive update and is expected to be presented to City Council within the next few months. The development impact fees are subject to annual increase pursuant to the Council Resolutions authorizing the fees. Development impact fees are typically increased annually, based on the Engineering News Record Construction Cost Index.

Staff recommends that the City Council, by resolution, approve an amendment to the Master Fee Schedule (MFS) for Fiscal Year 2024 to reflect updated development impact fees.

BACKGROUND
Staff annually reviews and analyzes rates and charges for providing City services and incorporates these rates into the City’s MFS. In terms of development impact fees, the City Council approved each fee with provisions in their respective resolutions that required an annual increase based on the Engineering News Record Construction Cost Index. The development impact fees provide funding for various projects in the City and are essential to providing continuing services to the community. A brief description of the development impact fees that staff recommends for an increased as part of this amendment are as follows:

Public Safety Facilities Fee: This fee provides funding for additional or improved police and fire services for which the need is generated by new development within the City.

Community Service Facilities/Facilities Fee: This fee provides funding for additional or improved governmental, social, and cultural facilities for which the need is generated by new development within the City.

Transportation Facilities Fee: This fee provides funding for additional or improved traffic signal, operational, and infrastructure improvements for which the need is Packet Page 58
traffic signal, operational, and infrastructure improvements for which the need is generated by new development within the City.

Park Impact Fee: This fee provides funding for parkland and new improvements.

Residential Development Housing Impact Fee: This fee provides funding to increase and improve the supply of housing affordable to households of very low, low, and moderate incomes for which the need is generated by new commercial, residential and industrial development within the City.

DISCUSSION/ANALYSIS
Development impact fees account for a major source of revenue for city projects such as street improvements, providing affordable housing, and improvements to city parks.

The development impact fees were approved through Resolutions 10,505, 10,633, 10,634, 10,635, and 10,184 and are contained within the MFS in the Construction Enterprise Fund section. The proposed changes include fee increases based on the Engineering News Record Cost Construction Index as of May 2023. The proposed adjustments would increase the Park, Capital Facilities, Community Services/Facilities, Transportation, and Housing Impact Fees by 1.8%. If approved, all applicable development impact fees will be increased and will go into effective 60 days after adoption of the resolution. The proposed changes are attached to this report as Exhibit A.

Staff recommends that the Council amend only those sections of the MFS that staff is suggesting to be changed. The changes will then be editorially merged with the unchanged portions of the Master Fee Schedule as last amended by the City Council in Resolution No. 11354 on May 26, 2022.

FISCAL IMPACT
The development impact fees collected reflect the cost to mitigate the impacts that development projects have on the city's ability to provide public facilities. The fees collected are placed into the respective budget accounts.

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
Exhibit A- Fee Changes
MFS Impact Fee Reso
Packet Page 59
City of Newark
Master Fee Schedule – Effective August 1, 2023

EXHIBIT A

SUMMARY OF PROPOSED CHANGES
V. CONSTRUCTION ENTERPRISE FUND
‐ The proposed adjustments increase the Park Impact, Capital Facilities, Community Service/Facilities, Transportation, and Housing Impact Fees by 1.8% based on the Engineering News Record Construction Cost Index per Resolutions, 10,505, 10,633, 10,634, 10,635 and 10,184, respectively.

Packet Page 60
Account
No.

Fee
(in dollars)
V.

A.
4143 2. Park Impact Fee **
a. Projects without Land Dedicated for Parks
(1) Single‐Family 30,580
31,130.44/dwelling unit
(2) Multi‐Family Units 22,018
22,414.32/dwelling unit
b. Projects that Dedicate Land for Parks
(1) Single‐Family 9,174 9,339.13/dwelling
unit
(2) Multi‐Family Units 6,483 6,599.69/dwelling
unit
4144 3.
a. Public Safety 1
(1) Single‐family residential 4,222 4,298/unit
(2) Townhome 4,222 4,298/unit
(3) Multi‐family residential 2,533 2,578.59/unit
(4) Office/Commercial .74 .75/square foot
(5) Manufacturing/Research & Development .31 .32/square foot (6) Warehousing/Distribution .61 .62/square foot
b. Community Service/Facilities 1
(1) Single‐family residential 2,827 2,877.89/unit
(2) Townhome 2,827 2,877.89/unit
(3) Multi‐family residential 1,414 1,439.45/unit
(4) Office/Commercial 1.05 1.07/square foot
(6) Warehousing/Distribution .44 .45/square foot
A.
4144 c. Transportation 1
(1) Single‐family residential 6,084 6,193.51/unit
(2) Townhome 3,163 3,219.93/unit
DEVELOPMENT, Continued
622.00.000.000
620.00.000.000
Enterprise Fund
‐ Cost Center Description
621.00.000.000 4144
624.00.000.000
Capital Facilities *

CONSTRUCTION ENTERPRISE FUND

DEVELOPMENT
** Established by Resolution No. 10,132 and amended by Resolution 10,505.

The above fees are effective as of August 8, 2016. Resolution 10,505 also requires the fee to be adjusted annually by the Engineering News Record Construction Cost Index, San Francisco, California.

City of Newark
37101 Newark Boulevard, Newark, CA 94560‐3796
(510) 578‐4000
Packet Page 61
Account
No.

Fee
(in dollars)
Enterprise Fund
‐ Cost Center Description
(3) Multi‐family residential 3,772 3,839.90/unit
(4) Office/Commercial 5.39 5.49/square foot
(5) Manufacturing/Research & Development 2.95 3.00/square foot (6) Warehousing/Distribution 5.89 6.00/square foot
4144 4.
a.
(1) First 1,000 sq. ft. floor area/unit** 24.51 24.95/square foot (2) All sq. ft. over 1,000 sq. floor area/unit 9.82 10.00/square foot b. Non‐Residential Housing Impact Fee *** (revised annually) (1) Commercial 4.40 4.48/square foot
(2) Industrial .83 .84/square foot
Residential Housing Impact Fee* (revised annually)
** No housing impact fee is charged for the first 200 sq. ft. of floor area for additions to existing dwellings.
*** Established by Resolution No. 8802. Floor area for a commercial development equals the sum of the horizontal floor areas of the a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings. Where no walls exist, the floor area is the area covered by the roof excluding two feet on each side of the structure. Outside areas used for sales or display (such as nurseries, building materials, auto sales, etc.) may be considered part of floor area when the community development director determines that the use of the outside area significantly contributes to the employee density of the building.
* Established by Resolution No. 10,184. Floor area for a residential development equals the sum of the horizontal floor areas of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, excluding garages, carports, and common areas. * Established by Resolution No. 8051 and amended by
Resolutions No. 9253, 10,6331
, 10,6341, and 10,6351
623.00.000.000 Housing
City of Newark
37101 Newark Boulevard, Newark, CA 94560‐3796
(510) 578‐4000
Packet Page 62
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE MASTER FEE SCHEDULE FOR
FISCAL YEAR 2024
WHEREAS, the City Council of the City of Newark is authorized to prescribe and establish fees in regard to services or functions performed by the City for the public in a governmental and proprietary capacity; and
WHEREAS, the City Council desires to update currently established fees to cover inflation and City costs, which form the basis for the changes; and WHEREAS, a public hearing has been noticed and held in accordance with Government Code Sections 6062a, 66016, 66017 and 66018; and
WHEREAS, the City Council of the City of Newark has, from time to time, established fees by resolution for services as authorized pursuant to the Newark Municipal Code, most recently on May 26, 2022 by Resolution No. 11,354.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend those portions of the City of Newark Master Fee Schedule as set forth in Exhibit “A,” attached hereto and incorporated herein by this reference and made part hereof as though set forth at length for Fiscal Year 2024.

BE IT FURTHER RESOLVED that the amendments to the City of Newark Master Fee Schedule will not become effective until 60 days after adoption of this Resolution.

Packet Page 63
Item E. 2.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Neal Hornbeck, Assistant Maintenance Superintendent SUBJECT Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments SUMMARY AND RECOMMENDATION
The City of Newark conducts an annual weed abatement program as a fire prevention measure. This is a combined effort between the City's Maintenance Division and the Alameda County Fire Department Fire Prevention staff. Vacant properties with the potential for extensive weed growth are typically included in the program and property owners have the option to either complete the weed abatement work themselves or have the work completed by a City contractor. On May 25, 2023, the City Council directed the Superintendent of Streets to abate weeds on 121 parcels of land.

Following notification, property owners cleared 108 parcels and the remaining 13 parcels were cleared by the City's contractor. The properties cleared by the City's contractor have a resulting range of assessments between $432 and $4,752. The combined total for all assessments was $21,492.

Staff recommends that the City Council, by motion, act upon any objections by property owners for assessments on their parcels for the 2023 Weed Abatement Program and, by resolution, confirm the Superintendent of Streets Report concerning weed abatement assessments.

BACKGROUND
The City of Newark conducts an annual weed abatement program to abate weeds on vacant properties that are not properly maintained by property owners to the satisfaction of Alameda County Fire Department (ACFD) Fire Prevention staff. The program is authorized by, and conducted pursuant to, Government Code Sections 39560, et seq. The abatement work typically consists of tractor mowing, supplemented with manual labor to clear weeds abutting fences and to removal debris to facilitate tractor work. Property owners have the option to make their own arrangements for weed and debris removal. All properties on which the City performs the abatement work would be assessed the full cost of that work, including administrative costs.

Administrative costs are 20% of the cost of the weed abatement services pursuant to the adopted Master Fee Schedule. Prior to abatement, there were approximately 121 industrial, residential and commercial parcels that have large areas of vacant ground with regular seasonal weed growth that could have developed into a fire hazard if not properly maintained.

Packet Page 64
properly maintained.

DISCUSSION/ANALYSIS
The Superintendent of Streets’ report on the 2023 Weed Abatement Program is submitted pursuant to Resolution No. 11497 adopted by the City Council on April 27, 2023. The report showing the assessments for the fall 2022 and the spring 2023 weed abatement has been posted as required. Owners whose properties are subject to an assessment may protest at this meeting or submit their objections prior to the hearing.

As of July 12, 2023, no written objections have been received. On May 25, 2023, the City Council directed the Superintendent of Streets to abate weeds on 121 parcels of land. Following notification, private property owners cleared 108 parcels and the City’s contractor cleared 13 parcels. This year, the assessments ranged from $432 to $4,752. The lowest cost is for a vacant property that required minimal work. The highest cost was for a property that required extensive tractor work. There were no additional supplemental lot clearings for the 2022 fall abatement work included in this year’s assessments. The combined total for all assessments, including administrative fees, was $21,492. All work completed through the 2023 Weed Abatement Program is paid for through the proposed assessments.

FISCAL IMPACT
There is no net fiscal impact. The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2023 provide sufficient funding for the 2023 Weed Abatement Program.

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 Weed Abatement
Exhibit A
Packet Page 65
(nhr1)
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK CONFIRMING THE REPORT OF THE

SUPERINTENDENT OF STREETS CONCERNING WEED

ABATEMENT ASSESSMENTS AND APPROVING SPECIAL

ASSESSMENTS
WHEREAS, the City Council of the City of Newark, by Resolution No. 11497, ordered certain rubbish, refuse, dirt, and weeds to be abated in the manner provided by Sections 39560 and 39586 inclusive, of the Government Code of the State of California; and WHEREAS, the Superintendent of Streets has caused said rubbish, refuse, dirt, and weeds to be abated. Nuisances abated and an accounting of the cost of abatement in front of or on each separate parcel of land has been set forth in a report entitled “Exhibit A – 2023 City of Newark Weed Abatement – Total Assessments” and attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the report of the Superintendent of Streets attached hereto and made a part hereof as Exhibit A is hereby confirmed.

BE IT FURTHER RESOLVED that the cost of abating the nuisance for each respective parcel is set forth in said report under the column entitled “Total Assessment”.

BE IT FURTHER RESOLVED that there is hereby levied a special assessment against each parcel of land described in said report in the amount of $21,492 as shown in said column “Total Assessment”.

BE IT FURTHER RESOLVED that the costs levied as a special assessment against the parcels of land described in said report shall become a lien upon the property.

Packet Page 66
3,3.1,3.2 092-0131-001-09 Filbert St at Snow 1,296
11 092-0041-008-03 SP Railroad Property 3,132
15 537-0460-007-25 6953 Jarvis Ave 1,080
28 92A-2300-006-12 38403 Cherry St 2,592
34-34.5 092-0126-019-00 SMCTD RR ROW 4,752
35 537-0852-001-02 8787 Enterprise Dr 2,592
36 092-0115-011-00 37445 Willow St 1,944
45 092-0125-010-00 7843 Railroad Ave 648
63 092A-0623-043-00 36589 Newark Blvd 432
65 092-0127-013-00 Walnut St Corner Lot 648
68 092-0140-006-00 8333 Enterprise Dr 648
71 092-0100-011-03 Thornton Ave 1,296
72 092-0052-004-00 Thornton Ave 432
TOTAL $21,492

EXHIBIT A
2023 City of Newark Weed Abatement

TOTAL ASSESSMENTS
MAP NO. APN LOCATION Total Assessment
($)
Packet Page 67
Item F. 1.

DATE 07/27/2023
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Resolution approving an amendment to the Employment Agreement with City Manager David J. Benoun to serve as City Manager and an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 SUMMARY AND RECOMMENDATION
David J. Benoun has served as City Manager since December 29, 2018 pursuant to an employment agreement that was previously authorized by the City Council. The employment agreement was previously amended effective July 1, 2022. Beginning fiscal year 2022-23, the City Council began the process of conducting a City Manager performance review and labor negotiations related to terms and conditions of employment with Mayor Hannon serving as the labor negotiator on behalf of the City.

Following that process, the City Council authorized the City Attorney to prepare an amendment to the employment agreement. The City Attorney recommends that the City Council adopt a resolution approving an amendment to the City Manager’s employment agreement following labor negotiations with the City Manager.

BACKGROUND
The City Council appointed David J. Benoun to serve as the City Manager of Newark beginning December 29, 2018 pursuant to a City Council-approved employment agreement (the "Agreement"). The Agreement established Mr. Benoun’s initial annual base salary at $244,092 per year. The City Council has conducted annual performance evaluations of Mr. Benoun since his initial appointment and previously approved an amendment to the Agreement effective July 1, 2022 (the "First Amendment") to approve a merit increase.

DISCUSSION/ANALYSIS
Beginning fiscal year 2022-23, the City Council began the annual City Manager performance evaluation for David Benoun. The City Council also initiated the labor negotiations process, with Mayor Hannon designated as the City's labor negotiator, to consider a potential merit increase pursuant to the terms and provisions of the Agreement. The City Council has had an opportunity to consider a potential merit increase for Mr.Benoun.

The City Attorney has prepared an amendment to the Agreement which establishes a 5% merit increase in annual base salary in addition to a 3% general salary increase, Packet Page 68
effective as of July 1, 2023. This increase is designed to address positive performance, inequity with the labor market, and internal compaction. Mr. Benoun has received one merit increase during his 4+ year tenure as City Manager. A salary survey prepared in July 2023 reveals that City Manager Benoun's compensation is currently 8% below market when factoring in the 3% general salary increase. When factoring in the proposed merit increase, Mr. Benoun would still be 3.4% below market. Market is considered the average salary of the City Managers in the following cities: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

Related to compaction, the City Manager's salary is currently below the Police Chief.

With the proposed 5% merit increase, the City Manager's salary will be slightly higher than the Police Chief. The reason for the compaction is primarily related to unique compensation provided to all sworn employees (including the Police Chief) in the City.

The City Manager does not have similar compaction considerations related to other Department Head positions.

FISCAL IMPACT
If approved by Council, the 2022-2024 Biennial Budget and Capital Improvement Plan will require a budget adjustment of $34,000 to reflect a 5% merit increase to the current base salary and including pension costs. The future fiscal year impacts will be included as part of the regular budget process.

REVIEW AND APPROVAL
Prepared and Approved by - Kristopher J. Kokotaylo, City Attorney Reviewed by - Krysten Lee, Finance Director
Reviewed by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution Benoun Amendment 2
Exhibit 1 Amendment 2 Benoun Agreement
Benoun Agreement
Benoun Agreement Amendment 1
Packet Page 69
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AMENDMENT TO THE CITY
MANAGER EMPLOYMENT AGREEMENT WITH DAVID J.

BENOUN;APPROVING AN AMENDMENT TO THE CITY’S

SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5; AND APPROVING AN AMENDMENT TO THE 2022-
2024 BIENNIAL BUDGET AND CAPITAL IMPROVEMENT
PLAN FOR FISCAL YEAR 2024
WHEREAS, the City Council appointed David J. Benoun (“Benoun”) to serve as the City Manager of Newark effective as of December 29, 2018; and WHEREAS, the City and Benoun entered into an employment agreement (the “Employment Agreement”); and
WHEREAS, under the terms of the Employment Agreement, Benoun’s initial annual base salary was set at $244,092 per year; and
WHEREAS, the City Council previously approved an amendment to the Employment Agreement authorizing a merit increase to Benoun’s base salary effective July 1, 2022 (the “First Amendment”); and
WHEREAS, the City Council has conducted annual performance evaluations of Benoun since his initial appointment as City Manager; and
WHEREAS, following the conclusion of Benoun’s most recent performance evaluation, the City Council designated Mayor Hannon as labor negotiator to discuss a merit increase for Benoun; and
WHEREAS, the City Council has had an opportunity to consider a potential merit increase for Benoun; and
WHEREAS, the City Council desires to provide Benoun with a five percent (5%) merit increase in annual base salary, effective as of July 1, 2023; and WHEREAS, Benoun has and will continue to receive cost of living general salary increases equal to the amounts provided to classifications that participate in the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group, as provided for by the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The above recitals are true and correct and are incorporated herein.

Packet Page 70

2. The City Council approves an amendment to the Employment Agreement substantially in the form attached hereto as Exhibit “1,” and authorizes Mayor Hannon to execute the amendment on behalf of the City, in a form approved by the City Attorney.

3. The City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective July 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 as follows:

TO: 110.20.020.200.5110 City Manager’s Office Salaries $34,000 FR: 110.3000 Unallocated Fund Balance $34,000
Packet Page 71
AMENDMENT NO. 2 TO CITY OF NEWARK

CITY MANAGER EMPLOYMENT AGREEMENT
THIS AMENDMENT to the Employment Agreement (“Amendment”) is made by and between THE CITY OF NEWARK (“CITY”) and DAVID J. BENOUN (“BENOUN”) (collectively the “PARTIES”) as of July 1, 2023.

RECITALS

1. The PARTIES entered into an Employment Agreement (“Agreement”), effective December 29, 2018, under which BENOUN would serve as the City Manager of the CITY; and

2. The PARTIES entered into Amendment No. 1 to the Agreement, effective July 1, 2022 (the “First Amendment”); and

3. The purpose of this Amendment is to provide for a merit increase to BENOUN’s salary effective as of July 1, 2023.

AGREEMENT
Section 1 General Provisions.

The foregoing Recitals are true and correct and incorporated herein by reference.

Section 2 Increase of Compensation Pursuant to Section V(d) and Amendment of Section V(a).

Pursuant to Section V(d) of the Agreement, BENOUN shall receive a 5% merit increase in base salary and Section V (a) of the Agreement shall be amended as follows:

Commencing July 1, 2023, the base salary for BENOUN shall be the sum of $27,036.10 per month ($324,433.20 per year), which sum shall be payable in installments at the same time as other employees of the CITY are paid and subject to customary withholdings and shall reflect a 5% merit increase and a 3% general salary increase provided to employees in the Compensation and Benefit Plan for City Officials and the Management, Supervisory, and Professional Employee Group which are in addition to prior merit and general salary increases.

Section 3 Effect of this Second Amendment
Except as the Agreement, as previously modified by the First Amendment, has been expressly modified by the Amendment, the Agreement shall continue in full force and effect according to its terms.

IN WITNESS WHEREOF, the PARTIES hereto have hereunto affixed their signatures as of the date and year first above written.

Packet Page 72
ATTEST:

SHEILA HARRINGTON
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO
City Attorney

CITY OF NEWARK
By:

MICHAEL K. HANNON
Mayor
DAVID J. BENOUN
City Manager
Packet Page 73
RESOLUTION NO. 10873

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPOINTING DAVID J. BENOUN AS CITY
MANAGER EFFECTIVE DECEMBER, 29, 2018, AND

AUTHORIZING MAYOR NAGY TO EXECUTE A CITY

MANAGER EMPLOYMENT AGREEMENT
WHEREAS, on September 13, 2018, City Manager John Becker provided his resignation to the City ofNewark, effective December 28, 2018; and
WHEREAS, the City Council met in closed session to consider the appointment of a new City Manager, including Mr. David J. Benoun, the current City Attorney. After an interview with Mr. Benoun, the City Council offered Mr. Benoun the position of City Manager, and he accepted; and
WHEREAS, the City Council appointed Mayor Nagy to meet with Mr. Benoun to negotiate an employment agreement. Mayor Nagy evaluated executive compensation within the City and compensation of city managers in Alameda County and comparable cities. Mayor Nagy also considered the City Council' s opinion of Mr. Benoun' s prior work and experience with the City. As a result of those factors and contract negotiations, Mayor Nagy recommended a City Manager Employment Agreement to the City Council; and
WHEREAS, the City Council desires to execute an employment agreement with Mr.

Benoun that establishes the terms and conditions of his employment as City Manager.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The City Council hereby appoints David J. Benoun as City Manager of the City of Newark, effective December 29, 2018, pursuant to the Newark Municipal Code and the terms of the attached City Manager Employment Agreement.

2. The City Council hereby approves the City Manager Employment Agreement between the City of Newark and David J. Benoun, substantially in the form attached hereto as Exhibit 4," and authorizes Mayor Nagy to execute the Agreement on behalf of the City, as approved by Special Counsel.
3083085. 1
Packet Page 74
I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on December 13, 2018, by Council Member Bucci who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Bucci, Collazo, Freitas, Vice Mayor Hannon, and Mayor Nagy
NOES: None
ABSENT: None
SECONDED: Vice Mayor Hannon
c
AT/TEST: ,
s/ SHEILA HA;= ' T N
City Clerk
APPROVED AS TO FORM:
s/ KRISTOP R KOKOTAYLO
Legal Counsel
Resolution No. 10873
APPROVED:
n- -) Ian
s/ ALAN L. NAGY
Mayor
Packet Page 75
Exhibit 1

EMPLOYMENT AGREEMENT
THIS AGREEMENT, effective this 29th day of December, 2018, by and between THE CITY OF NEWARK (" CITY") and DAVID J. BENOUN (" BENOUN") ( collectively the PARTIES").

RECITALS
Whereas, CITY currently employs BENOUN as City Attorney; Whereas, City Council, as appointing authority, desires to employ BENOUN as City Manager, starting December 29, 2018; and BENOUN desires to serve in such capacity; and Whereas, the City Council and BENOUN desire to agree in writing on the terms and conditions of employment.

NOW THEREFORE, in consideration of the mutual covenants, promises, and representations hereinafter set forth, the PARTIES hereto do now agree as follows:

SECTION I
DUTIES
a) CITY hereby agrees to employ BENOUN, commencing December 29, 2018, as City Manager of the CITY to perform the functions and duties specified by the general laws of the State of California and by the Newark Municipal Code and other ordinances and resolutions of CITY, and to perform other legally permissible and proper duties and functions as Council may from time to time assign.
b) CITY currently employs BENOUN as City Attorney. On December 29, 2018, BENOUN shall vacate the Office of City Attorney and shall immediately commence his duties as City Manager on that day.
c) BENOUN agrees to devote his productive time, ability, and attention to the CITY' s business during the term of this Agreement. BENOUN shall not hold secondary employment, and shall be employed exclusively by the CITY. However, the CITY recognizes that BENOUN may actively participate in community affairs and shall be permitted to volunteer time, energy and expertise, and from time -to -time, to serve and hold office in charitable, non-profit, public service, service club, religious, and/ or community area organizations. In addition this Agreement shall not be construed to preclude incidental and occasional adjunct teaching, writing, or consulting performed by BENOUN.

SECTION II
TERM
The term of this Agreement shall be from the date approved by the City Council until terminated by either party in accordance with the provisions of Section III. BENOUN shall serve at the pleasure of the City Council.

Page 1 ends

Packet Page 76
The PARTIES recognize and affirm that: 1) BENOUN is an " at will" employee whose employment may be terminated by the CITY with or without cause; 2) there is no express or implied promise made to BENOUN for any form of continued employment; and 3) this Agreement is the sole and exclusive basis for an employment relationship between BENOUN and CITY.

SECTION III

TERMINATION OF EMPLOYMENT AND SEVERANCE
City Manager is an at -will employee serving at the pleasure of the City Council as provided in Government Code Section 36506. The position of City Manager is a Fair Labor Standards Act (" FLSA")- exempt position. BENOUN's employment as City Manager may be terminated by one of the following means:
a) Voluntary Resignation: BENOUN may voluntarily resign by delivering a letter of resignation to the City Council not less than 60 days prior to the effective date of resignation.
b) Termination or Forced Resignation by City Council: The City Council may terminate the employment of BENOUN in accordance with the Newark Municipal Code and State law, by giving written notice not less than 60 days prior to the effective date of termination, or by causing BENOUN' s resignation by a majority of the City Council requesting BENOUN to resign and BENOUN then volunteering to resign after such action by the City Council. If BENOUN is terminated from employment or caused to resign, he shall be entitled to the benefits of subparagraph ( c).
c) Severance: In the event BENOUN is terminated from employment by the City Council or is caused to resign by the City Council pursuant to subsection ( b) above, and contingent upon BENOUN' s execution of a comprehensive general release and waiver of all claims of any nature, known or unknown, by BENOUN against CITY, BENOUN shall be entitled to six ( 6) month' s severance pay of his annual total compensation, including salary and the value of his benefits. In no event will BENOUN be entitled to a severance agreement absent execution of a comprehensive general release and waiver of claims.

Such severance shall be paid in full upon the effective date of his termination. BENOUN may elect to receive continued medical/ health insurance benefits, in lieu of cash payment for equivalent value thereof.
d) Abuse of Office: Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by BENOUN from CITY shall be fully reimbursed to CITY ifBENOUN is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243. 4.

SECTION IV

DISABILITIES
If BENOUN is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) successive weeks beyond any accrued sick leave, CITY shall have the option to terminate this Agreement, subject to the severance pay requirements of Section III, Paragraph ( b).

Page 2 of 6 ends

Packet Page 77

SECTION V

COMPENSATION
a) Commencing December 29, 2018, the base salary for BENOUN shall be the sum of 20,341 per month ($244, 092 per year), which sum shall be payable in installments at the same time as other employees of the CITY are paid and subject to customary withholdings.
b) BENOUN is a salaried employee and is exempt from the FLSA. c) BENOUN, as City Manager, shall participate in the Compensation and Benefit Plan for City Officials and the Management, Supervisory, and Professional Employee Group hereinafter " The Plan"). BENOUN shallreceive salary increases asthe CITY may from time totime confer pursuant to The Plan. d)
The City Council may also from time to time, at its sole discretion, grant merit increases to BENOUN following each evaluation of BENOUN' s performance as described in Section VII. e)
BENOUN shall receive thebenefits ofa "Classic" employee asthat term is defined in Section VI of The Plan. SECTION

VI HEALTH

INSURANCE DEFERRED COMPENSATION AUTOMOBILE ALLOWANCE HOLIDAYS LEAVE AND OTHER BENEFITS a)
For the purposes of general leave and management leave allocations and receiving deferred compensation, health insurance benefits, life insurance payments, automobile allowance, and such other similar benefits, BENOUN shall be considered a member of the Executive Management Team as identified in Section II of the Plan and shall receive existing benefits under The Plan, as may be adjusted from time to time, including, but not limited to: i.

A contribution from CITY of 6% of earnings towards a401( A) plan pursuant to Section Vof The Plan (or any successor thereto); ii.

A monthly contribution of $100 towards a Retirement Health Savings Plan pursuant to Section Vof the Plan (or any successor thereto) iii.

Health and Welfare Benefits under Section VII of The Plan (or any successor thereto); iv.

CITY - paid life insurance coverage of $20, 000 pursuant to Section VIII of The Plan ( or any successor thereto); v.

Automobile allowance of $400 per month pursuant to Section XI of The Plan or any successor thereto); vi.

Holidays, General Leave, Bereavement Leave, Birthday Leave, and Recreation Benefits awarded under The Plan. b)
Any benefits BENOUN earned or accrued as a CITY employee prior to entering into this Agreement, including General Leave and Management Leave, shall not be affected by this Agreement.

Page
3 of 6
Packet Page 78
c) In recognition of extra hours of work required in the performance of his duties in which no form of overtime pay is provided, BENOUN shall receive an annual allotment of 56 hours per year of Management Leave during the Term of this Agreement as provided to participants of The Plan; unless otherwise agreed to by the Parties.
d) For Fiscal Year 2018- 2019 and in recognition of the number of extra hours of work performed in connection with the transition from City Attorney to City Manager, BENOUN shall receive a one-time additional allocation of 45 hours of Management Leave, thereby increasing Management Leave for FY 2018- 2019 to 101 hours.

SECTION VII

EVALUATION OF PERFORMANCE
The City Council shall review and evaluate the performance of BENOUN at least annually or at other times chosen by the Council in its sole discretion. Said review and evaluation shall be in accordance with specific criteria developed by the Council with consultation from BENOUN. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with BENOUN. Further, the Council shall provide BENOUN with a summary written statement of the findings of the Council and provide an adequate opportunity for BENOUN to discuss his evaluation with the Council.

The City Council and BENOUN shall, no later than March 31, 2019, meet to define such goals and performance objectives which they determine necessary for the proper operations of the CITY and in the attainment of the Council' s policy objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be reasonably attainable within the time limitations as specified in the annual operating and capital budgets and appropriations provided. They shall be reviewed within 90 days of defining such goals and performance objectives. Annually thereafter ( or at any time agreed to by the PARTIES), Council and BENOUN shall meet to engage in the same discussion.

SECTION VIII

PHYSICAL EXAMINATION
It is recognized to be in the best interest of both PARTIES that BENOUN maintain good health and the physical ability to fulfill his duties as City Manager. To this end, the City will pay the cost of one complete physical examination conducted annually by the physician of BENOUN' s choice.

SECTION IV

PROFESSIONAL DEVELOPMENT
CITY acknowledges its interest in the continuing professional development of BENOUN and agrees to pay reasonable expenses associated with attendance at professional conferences, continuing education, professional memberships, books and dues. This includes, but is not limited to, the League of California Cities, the International City Management Association, and the California City Managers Association. CITY acknowledges BENOUN' s right to engage in other professional activities so long as they do not interfere or conflict with BENOUN' s duties as City Manager and are done during time in which BENOUN is on leave or during normal nonworking hours.

Page 4 of 6 ends

Packet Page 79

SECTION X

HOLD HARMLESS AND INDEMNIFICATION
City shall defend, hold harmless, and indemnify BENOUN against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission of BENOUN made in the course of his performance of duties as City Manager. CITY shall pay the amount of any settlement or judgment rendered therefrom, to the extent specified in the California Government Code.

SECTION XI

MISCELLANEOUS
a) Binding Agreement: This Agreement shall be binding on the heirs, successors and assigns of the PARTIES.
b) The Rights of PARTIES: Unless expressly set forth in this Agreement, nothing in this Agreement shall abrogate any rights, responsibilities, benefits, or privileges to which either party would otherwise be entitled.
c) Amendment: This Agreement may be amended only in writing by mutual agreement of the PARTIES.
d) State Law: The rights and obligations of the PARTIES shall be governed by the laws of the State of California.
e) Abuse of Office: Government Code sections 53243, 53243. 1, 53243. 2, and 53243. 3 are incorporated by this reference as if fully set forth herein. f) Recitals: Recitals are incorporated by reference into this Agreement. g) Failure to Act: Failure to exercise any right or remedy shall not act as a waiver to exercise that right.
h) Entire Agreement: This Agreement contains the entire agreement between the PARTIES and supersedes any prior agreement.
i) Severab_ Should any paragraph, subparagraph, sentence clause or word included in this Agreement be found invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect. j) Attorneys' Fees: The prevailing party of any dispute over the terms and conditions of this Agreement is entitled to attorney fees. k) Assigmnent: This Agreement is not assignable by either CITY or BENOUN.

Page 5 of 6 ends

Packet Page 80
IN WITNESS WHEREOF, the PARTIES hereto have hereunto affixed their signatures as of the date and year first above written.

A E T: , r

SHEILA HARRINGTO
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO, Esq.

Special Counsel
3083084. 2

CITY OF NEWARK
By: Oj-- X ' 6
ALAN L. NAGY
Mayor

Page 6 ends

Packet Page 81
RESOLUTION NO. 11, 384

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AMENDMENT TO THE CITY
MANAGER EMPLOYMENT AGREEMENT WITH DAVID J.

BENOUN 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 Council appointed David J. Benoun (" Benoun") to serve as the City Manager of Newark effective as of December 29, 2018; and WHEREAS, the City and Benoun entered into an employment agreement ( the Employment Agreement"); and
WHEREAS, under the terms of the Employment Agreement, Benoun' s initial annual base salary was set at $ 244,092 per year; and
WHEREAS, the City Council has conducted annual performance evaluations of Benoun since his initial appointment as City Manager; and
WHEREAS, following the conclusion of Benoun' s most recent performance evaluation, the City Council designated Mayor Nagy as labor negotiator to discuss a merit increase for Benoun; and
WHEREAS, the City Council has had an opportunity to consider a potential merit increase for Benoun; and
WHEREAS, the City Council desires to provide Benoun with a fourteen and seven tenths percent ( 14. 7%) merit increase in annual base salary, effective as of July 1, 2022; and WHEREAS, Benoun has and will continue to receive cost of living general salary increases equal to the amounts provided to classifications that participate in the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group, as provided for by the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The above recitals are true and correct, and are incorporated herein.

2. The City Council approves an amendment to the Employment Agreement substantially in the form attached hereto as Exhibit " l," and authorizes Mayor Nagy to execute the Agreement on behalf of the City, as approved by the City Attorney.

3. The Mayor is authorized to execute the amendment to the Employment Agreement, in a form approved by the City Attorney.

Packet Page 82

4. The City Council hereby approves an amendment to the City' s Salary Schedule to reflect the revisions in compensation provided pursuant to the MOU, effective July 1, 2022.

I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on June 23, 2022, by Vice Mayor Hannon who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES: Council Members Bucci, Collazo, Freitas, Vice Mayor Hannon, and Mayor Nagy
NOES: None
ABSENT- None
SECONDED: Council Member Collazo
JA
TES
sSHEILA RRING/ ON
City Clerk
APPROVED AS TQY-ORM:
s/ KRISTOPHER J. KOKOTAYLO
City Attorney
Resolution No. 11, 384 2
APPROVED:
19,11
s/ ALAN L. N77-Y
Mayor
Packet Page 83
AMENDMENT NO. 1 TO CITY OF NEWARK

CITY MANAGER EMPLOYMENT AGREEMENT
THIS AMENDMENT to the Employment Agreement (" Amendment") is made by and between THE CITY OF NEWARK (" CITY") and DAVID J. BENOUN (`BENOUN") ( collectively the PARTIES") as of July 1, 2022.

RECITALS

1. The PARTIES entered into an Employment Agreement (" Agreement"), effective December 29, 2018, under which BENOUN would serve as the City Manager of the CITY; and

2. The purpose of this Amendment is to provide for a merit increase to BENOUN' s salary effective as of July 1, 2022.

AGREEMENT
Section 1 General Provisions.

The foregoing Recitals are true and correct and incorporated herein by reference.

Section 2 Increase of Compensation Pursuant to Section V(d) and Amendment of Section Va
Pursuant to Section V(d) ofthe Agreement, BENOUN shall receive a 14. 7% merit increase in base salary and Section V (a) of the Agreement shall be amended as follows:

Commencing July 1, 2022, the base salary for BENOUN shall be the sum of $24, 997. 99 per month ($ 299, 975. 88 per year), which sum shall be payable in installments at the same time as other employees of the CITY are paid and subject to customary withholdings and shall reflect a

14. 7% merit increase and a 4% general salary increase provided to employees in the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group.

Section 3 Effect of this First Amendment
Except as the Agreement has been expressly modified by the Amendment, the Agreement shall continue in full force and effect according to its terms.

IN WITNESS WHEREOF, the PARTIES hereto have hereunto affixed their signatures as of the date and year first above written.

Packet Page 84

CITY OF NEWARK
By:—
ALAN L. NAGYJ
Mayor
ATTEST:

SHEILA HARRINGTONN
City Clerk
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO
City Attorney
Packet Page 85

Newark City CouncilJuly 27, 2023

Newark City Council
July 27, 2023