AGENDA
Thursday, October 12, 2023
7:00 P.M.
A. ROLL CALL
B. PRESENTATIONS
1. Assemblymember Alex Lee ceremonial presentation of check for the Newark Resource Center and the Old Town PDA Road Diet
2. Manufacturing Week Proclamation
3. Senator Aisha Wahab California legislative update
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 September 28, 2023 minutes
3. Adopt a resolution authorizing the acceptance of the Organized Retail Theft (ORT) Prevention Grant Program through the Board of State and Community Corrections (BSCC) and amending the 2022-2024 Biennial Budget
4. Adopt a resolution approving a Letter of Understanding to the Memorandum of Understanding with the Newark Police Association
E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.
H. CITY MANAGER UPDATES
I. CLOSED SESSION
J. ADJOURNMENT
MEETING INFORMATION
Members of the public may attend the meeting in person, watch via YouTube, or Cable Channel 26. The ability to observe via 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:
YouTube live stream: https://www.youtube.com/@cityofnewark3077/streams Copy/paste the YouTube URL into your browser if the link does not automatically open.
Cable Channel 26
Zoom will no longer be available for public participation unless required by Assembly Bill 2449.
How to submit written Public Comment:
Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the agenda item number in the subject line of your email. Emails will be compiled into one file and will be distributed to the City Council before the meeting.
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 Packet Page 2
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 10/12/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Assemblymember Alex Lee ceremonial presentation of check for the Newark Resource Center and the Old Town PDA Road Diet
Under the leadership of Assemblymember Alex Lee, California's 2023-24 State Budget included funding for the Newark Resource Center and the Old Town PDA Road Diet.
The allocation of $1 million towards the Newark Resource Center will support capital costs to convert an existing building owned by the City to our first ever Resource Center. The Center will serve as an entry point for social services for the Newark community. Planned use includes contract services with various health and social service providers and Promotores programming.
The allocation of $1 million towards the Old Town PDA Road Diet will improve access, safety, and connections for pedestrians, bicyclists, and transit users by widening sidewalks, installing new bicycle lanes and crosswalks, extending the curb, and constructing bus stop amenities. This project will serve as a catalyst for private reinvestment and revitalization in the heart of Newark.
Assemblymember Alex Lee will present a ceremonial check to Mayor Hannon to celebrate and commemorate this funding.
Packet Page 4
Item B. 2.
DATE 10/12/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Manufacturing Week Proclamation
Manufacturing Week is a national public awareness campaign on the value of modern manufacturing and the jobs it brings to communities. A proclamation has been prepared in honor of Manufacturing Week which will be held from October 4 through October 12. Morgan Pedersen from the Economic Development Division and members of the manufacturing community will accept the proclamation at the City Council meeting.
Attachments
Proclamation
Packet Page 5
PROCLAMATION NO. 1903
MANUFACTURING WEEK
WHEREAS, manufacturing is the backbone of America, powering our economy and building our middle class, and we celebrate the strength and resilience of the American worker and recommit to the investments and innovation that will ensure the future is Made in America; and WHEREAS, we celebrate all that is made in America and recognize the importance of our Nation’s manufacturers to every aspect of our lives, from the electronics we rely on, to the safely packaged foods we eat, the clothing we wear, the appliances and furniture in our homes, the cars we drive, and biotechnology that makes our world safer — American manufacturing is essential to our economy; and WHEREAS, the manufacturing industry employs over 12 million Americans nation-wide and over 300 thousand citizens across the nine Bay Area counties directly and many more indirectly — providing high quality jobs to communities across the country and region and producing the highest quality goods in the world; and
WHEREAS, we recognize manufacturing as an evolving business which is becoming cleaner, greener, and more advanced; and
WHEREAS, the City of Newark was born from manufacturing innovation, such as salt production and the creation of the Wedgewood stove, and continues to be home to countless manufacturers that strengthen our economy and make our world a better place; and WHEREAS, by participating in Manufacturing Week, the City of Newark has the opportunity to gain a deeper understanding of our local manufacturers; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim Wednesday, October 4, 2023, through Thursday, October 12, 2023, as
MANUFACTURING WEEK
in the City of Newark and encourage residents to appreciate how items they use every day came to exist.
IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Twelfth Day of October, Two Thousand Twenty-three.
Michael K. Hannon
Mayor
Packet Page 6
Item B. 3.
DATE 10/12/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Senator Aisha Wahab California legislative update California State Senator Aisha Wahab represents the 10th District which includes the City of Newark. Senator Wahab will give a California legislative presentation at the City Council meeting.
Packet Page 7
Item D. 1.
DATE 10/12/2023
TO Honorable Mayor and City Council Members
FROM Bengil Ranillo, Accounting Assistant II
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 09.13.23
Audited Demands 09.14.23
Audited Demands 09.20.23
Audited Demands 09.21.23
Packet Page 8
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Packet Page 21
Item D. 2.
DATE 10/12/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of September 28, 2023 minutes
Attachments
Minutes
Packet Page 22
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 Minutes
Thursday, September 28, 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
Mayor Hannon introduced Community Preservation Manager Oscar Carrillo.
2. Proclaim October as Cybersecurity Awareness Month
Mayor Hannon presented the proclamation to Chief Information Officer/ Information Technology Director Ed Miranda, Information Technology Analyst Peter Fong, and Information Technology Analyst Sheena Raj.
C. PUBLIC COMMENT
Milind Shyani stated that he asked for trees to be planted on Newark Boulevard at a previous City Council meeting. He requested that City Council allocate funding towards this request.
Noel Doot suggested that the stained-glass panels in the Civic Center Buildings be lit up at night, an art project for high school students to beautify the utility boxes, and highlighted areas around the Lake for landscape maintenance.
City Manager Benoun stated that staff would follow up with Mr. Shyani and Mrs. Doot’s comments. He stated that the Public Art Master Plan is anticipated to be presented to the City Council in the next couple of months.
Packet Page 23
Page No. 2
City of Newark City Council Minutes September 28, 2023
Mayor Hannon closed public comment.
D. CONSENT CALENDAR
Mayor Hannon allowed Mr. Shyani to speak again as he did not use the full amount allotted during his initial comments.
Mr. Shyani stated that the medians near Ruschin Avenue on Newark Boulevard do not have a water source and that may be why trees have not been planted there.
Mayor Hannon stated that he would continue Public Comment to the end of the City Council meeting and would allow the speakers one minute.
Council Member Jorgens moved, Council Member Freitas seconded, to approve Consent Calendar Items D.1 through D.7, 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 September 14, 2023, minutes
3. Adopt a resolution authorizing an amendment and future amendments to the Contractual Services Agreement with Sedgwick Claims Management Services Resolution No. 11563
Contract No. 22071
4. Adopt a resolution authorizing the acceptance of the Selective Traffic Enforcement Program (STEP) grant and the Traffic Records Improvement Project (TRIP) grant through the State of California Office of Traffic Safety and amending the 2022-2024 Biennial Budget
Resolution No.11564
5. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with CSW Stuber-Stroeh Engineering Group for Professional Design Services for Old Town Streetscape Improvements, Project 1258 and to amend the 2022-2024 Biennial Budget for Fiscal Year 2024 Packet Page 24
Page No. 3
City of Newark City Council Minutes September 28, 2023
Resolution No.11565
Contract No. 23071
6. Adopt a resolution authorizing the City Manager to execute Task Order No. 28 to the Joint Powers Agreement with the City of Fremont for case management services
Resolution No.11566
Contract No. 09044
7. Adopt a resolution authorizing the City Manager to execute Task Order No. 29 to the Joint Powers Agreement with the City of Fremont for Paratransit services Resolution No.11567
Contract No. 09044
E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY COUNCIL MATTERS
In response to Council Member Bucci, City Manager Benoun stated that staff would recommend the creation of entity to oversee the implementation of the Public Art Master Plan projects.
Council Member Bucci thanked the Newark Days Committee and Laurie Gratz, the new president of the Committee, for another successful Newark Days.
Council Member Jorgens stated that he was excited about the new protected bike lanes on Cherry Avenue and Newark Boulevard and encouraged the public to participate in the preparation of the new Active Transportation Plan.
Council Member Freitas thanked the Newark Days Committee and Laurie Gratz. He attended the Promotores graduation and stated that it was a wonderful ceremony.
Vice Mayor Collazo shared her experience with the City’s cybersecurity test. She congratulated the Promotores graduates and spoke on how they benefit the community and make it a better place.
Mayor Hannon stated that he attended the Promotores graduation and complimented the Packet Page 25
Page No. 4
City of Newark City Council Minutes September 28, 2023
graduates who will help the community. He thanked Laurie Gratz and the Newark Days Committee. He shared his experience leading bingo at the Newark Senior Center. He complimented Recreation staff for their service.
Vice Mayor Collazo stated to shop Newark.
H. CITY MANAGER UPDATES
City Manager Benoun announced the following: Document Shredding event on October 7, Community Clean up event on October 21, How To Start a Business Workshop on October 20, Manufacturing Week begins October 4, Satellite Affordable Housing Associates Thornton Avenue Apartments affordable housing project on October 11, and the Police Department Faith in Blue event on October 11. He announced that the Information Technology Department received a Quality IT Practices Award at the Municipal Information Systems Association of California and that the Facilities Master Plan and Parks Master Plan Surveys are available on the city website.
Mayor Hannon requested that the City Council be notified of the Manufacturing Week activities.
Vice Mayor Collazo announced that the Mexico Tortilla Factory will be featured on the Check Please television show on October 5th. Shop Newark.
Mayor Hannon stated that he would allow the two speakers from Public Comment to address the City Council at this time and they would each have one minute.
Two public comments were received from speakers that were anti-Semitic, racist, and used profanity.
Mayor Hannon stated that First Amendment protection allowed the previous speakers to express their thoughts. He stated that Newark is a Welcoming City, and the comments were reprehensible.
Council Member Bucci stated that a number of City Council meetings throughout the state have been targeted with these comments, and that the speakers hide behind a computer screen.
Council Member Collazo stated that Newark is a welcoming City. She said that she forgave the speakers because they do not know how to receive or give love.
Packet Page 26
Page No. 5
City of Newark City Council Minutes September 28, 2023
I. CLOSED SESSION
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 7:45 p.m.
Packet Page 27
Item D. 3.
DATE 10/12/2023
TO Honorable Mayor and City Council Members
FROM Jolie Macias, Captain
SUBJECT Adopt a resolution authorizing the acceptance of the Organized Retail Theft (ORT) Prevention Grant Program through the Board of State and Community Corrections (BSCC) and amending the 2022-2024 Biennial Budget
SUMMARY AND RECOMMENDATION
On July 7, 2023, the Newark Police Department submitted a grant proposal to the Board of State and Community Corrections (BSCC) for grant funding that will assist the city in addressing the increase in motor vehicle and motor vehicle accessory theft.
Resolution No. 11527, which was adopted by the Newark City Council on June 22, 2023, authorized the City Manager to submit the proposal to the BSCC on behalf of the City.
On September 11, 2023, the BSCC Board approved the Organized Retail Theft (ORT) Scoring Panel’s recommendation to fund the City of Newark Police Department’s proposal of the Newark Vehicle and Accessory Theft Prevention Program (NVATPP) in the amount of $986,444, which is the total amount of funds requested. The following recommendation is for the approval of grant award funds. Vendor selections for all grant activities and equipment purchases will be made following a competitive purchasing process following City purchasing rules, which may require review and approval of contracts by the City Council.
Staff recommends that the City Council, by resolution, authorize the city to accept the Organized Retail Theft (ORT) Prevention Grant Award through the Board of State and Community Corrections (BSCC) and amend the 2022-2024 Biennial Budget.
BACKGROUND
There has been a significant increase in stolen vehicles and catalytic converter thefts in the City of Newark. Vehicle accessory theft, such as license plates, wheels, and fuel, have been ongoing problems, but the increases in catalytic converter theft have been extraordinary.
According to the National Insurance Crime Bureau, there was a 326% increase in reported catalytic converter thefts across the United States from 2019 to 2020. Newark Packet Page 28
experienced a 1225% increase in catalytic converter thefts during the same period, from 8 thefts in 2019 to 106 thefts in 2020. There was an additional 144% increase from 2020 to 2021 and a 22% increase from 2021 to 2022. Catalytic converter thefts for 2023 are on trend to continue to rise.
As for motor vehicle thefts, the California Department of Justice 2021 Crime in California reported an 8.2% increase. The Newark Police Department ("NPD") reported a 28% increase in 2021 and a 90% increase the year prior. There was an additional 13% increase in motor vehicle theft in 2022 and is trending upward for the first half of 2023.
Both crime types occur in residential and commercial areas. From 2019 to 2022, 45% of catalytic converter thefts occurred in commercial/industrial areas and 55% in residential areas, with an increase to 78% in residential areas for the first half of 2023.
From 2019 to 2021, stolen vehicle thefts occurred primarily in commercial/industrial areas but shifted to 55% in residential areas in 2022.
DISCUSSION/ANALYSIS
The Newark Vehicle and Accessory Theft Prevention Program (NVATPP) will leverage technology and community partnerships to provide comprehensive, evidence-based public safety services to prevent motor vehicle and vehicle accessory theft. The scope of the program factors in current limitations of staffing resources, with realistic and tangible goals. Program goals include:
• Increasing the number of cases sent to the District Attorney's Office for prosecution • Reducing vehicle and accessory theft in the City of Newark • Improving community satisfaction through a Catalytic Converter Label Identification (CCLI) program
In 2022, NPD processed 5,164 criminal cases. Many of these cases were property crimes without significant evidence that would lead to suspect identification, despite officer efforts to speak with witnesses and locate forensic evidence. There were 799 cases where officers had enough probable cause to send to the District Attorney's Office for review.
When crimes occur without prosecution, it leaves victims without justice, empowering criminals to continue victimization. Putting forward the best investigative effort requires officers to have access to quality technology resources. Newark has seen great success with the addition of automated license plate reader (ALPR) cameras at ingress and egress points of the city but has since discovered vulnerabilities on the southern city border. Police Sergeants provided multiple examples of vehicles stolen where cameras did not capture images. The vehicles exited the southern border and were later recovered in other jurisdictions. The installation of six additional fixed ALPR cameras will cover the identified gaps in the current camera deployment model and serve as a much-needed evidentiary resource.
With the upward trend of vehicle and catalytic converter thefts occurring more frequently in residential areas, four different homeowners' associations in the city have installed ALPR cameras. During a recent Neighborhood Watch meeting, several Packet Page 29
installed ALPR cameras. During a recent Neighborhood Watch meeting, several participants asked Police Department staff how to get this resource into their neighborhoods. From 2018 to 2022, there were 91 vehicle thefts involving owners experiencing their vehicles being stolen more than once. Repeated victimization diminishes trust in public safety and significantly impacts the victim's health and well-being.
In addition to regular collaboration with Neighborhood Watch Programs, Police Department staff, in collaboration with Economic Development staff, formed a robust Merchant Watch program in early 2022 in response to the increase in commercial burglaries. Merchant Watch consists of business owners and commercial property owners throughout the city. Strong collaboration with the group has encouraged a variety of discussions and improvements based in Crime Prevention through Environmental Design (CPTED) principles. Through the grant, NPD will send one employee to California Peace Officer Standards and Training approved CPTED training annually to increase available staff equipped to provide evaluations and recommendations throughout the community.
NPD will continue collaborating with charging attorneys at the Alameda County District Attorney’s Office to ensure reports cover all aspects of vehicle and catalytic converter crime components and evidence to charge associated cases. Quarterly, the Detective Sergeant who serves as the District Attorney liaison, will determine if there are any charging or evidentiary changes for vehicle and component theft. NPD will ensure the required reporting components are provided to all sworn personnel via briefing training.
Both motor vehicle and accessory thefts are property crimes, limiting officers' ability to potentially pursue a suspect fleeing a crime scene. NPD's Vehicle Pursuit Policy does not authorize the pursuit of these crimes alone for public safety reasons. In many cases, firearms are located on suspects or recovered inside vehicles. In-car cameras equipped with ALPR technology are intelligent solutions that add another layer of visibility of in-progress high risk police contact allowing for an immediate ability to apprehend suspects and recover property. The mobile ALPR provides a tool to saturate residential and commercial areas with technology currently limited to fixed ALPRs at city entrances. In-car dash cameras with ALPR technology will be installed on all patrol vehicles.
To address vehicle and component thefts with merchant and resident concerns, NVATPP will deploy four mobile technology trailers with ALPR and traffic speed reading capabilities into residential neighborhoods. The units will be rotated weekly by a newly hired part-time Police Service Aid (PSA) dedicated to the NVATPP with a grant funded crime prevention vehicle. The rotation of the trailers will be determined by auto theft and catalytic converter crime data gathered by the City's Crime Analyst. This activity will begin when the mobile units are available throughout the grant period.
In addition, three mobile solar-powered surveillance pole camera trailers will be rotated in coordination with our community partners throughout commercial spaces to provide intelligence and potential quality evidence and act as a deterrent to both crime and unauthorized car gatherings.
Packet Page 30
unauthorized car gatherings.
To continue building partnerships with our community and to address increased thefts of catalytic converters, Police Department staff recently purchased 200 Catalytic Converter Label Identification (CCLI) emblems to launch a program to mark catalytic converters. Fremont Ford partnered with NPD to conduct the installation of the emblems one day per week beginning in August 2023 and has successfully labeled vehicles. The dealership is willing to expand its commitment for the duration of the grant and increase the number of vehicles labeled per event. NPD has identified 839 catalytic converter thefts since 2019 and has determined 43 reports of repeat victims.
NPD staff has compiled a list of all victims and a police volunteer has conducted personal outreach, prioritizing repeat victims as the first to receive a CCLI. NPD forged an additional partnership with the Mission Valley Regional Occupation (MVROP) to expand the reach of the CCLI program. MVROP is a local career technical training center for high school students with a comprehensive automotive technician course.
MVROP is willing to commit student and staff time to the CCLI program, allowing students to gain skills while contributing to valuable research to reduce victimization.
Each CCLI is applied directly onto the dry and cool catalytic converter and idling the vehicle to heat the catalytic converter will permanently etch a serial number into the unit. Serializing the catalytic converter will assist with determining if it is stolen and tracking where it is from while assisting with prosecution. The serial number and any other associated markings on the catalytic converter may also deter the removal of catalytic converter. The number is recorded in an International Security Registry and a locally housed database using the vehicle's vehicle identification number (VIN) and owner information. Warning decals are supplied to vehicle owners to adhere to the vehicle windows as an additional deterrent. The newly launched CCLI program has begun to collect data on learning points on how many vehicles can realistically be served within specific timeframes. The partnership with MVROP will allow for a significant increase in CCLI applications throughout each school year during the grant period. The goal is to place 200 CCLIs annually. NVATPP will support each community partner with grant funding annually to cover staff and equipment costs.
California State University East Bay’s (CSUEB) Dr. Michelle Rippy, Director of the Forensic Science Research Center, and her team of researchers will support the grant requirements for data collection, reporting, and evaluation to ensure objective and impartial evaluations. The grant requires completion of a Local Evaluation Report, which will be developed by the CSUEB team. The Local Evaluation Report must be in a format prescribed by the BSCC. The purpose of the Local Evaluation Report is to determine whether the overall project (including each individual component) is effective in meeting the goals identified in the Local Evaluation Plan.
Overall, the most important goal throughout the grant is to reduce the number of vehicle and accessory thefts in the City of Newark. A complete marketing plan will reinforce all NVATPP efforts throughout the community. A dedicated webpage on the City's website will describe the crime prevention plan and all NVATPP initiatives, including how to sign up for the CCLI program and CPTED best practices. NPD will disseminate branded merchandise and printed materials containing NVATPP Packet Page 31
disseminate branded merchandise and printed materials containing NVATPP information with a quick response (QR) code leading to the webpage via Neighborhood Watch, Merchant Watch, and community partnership events to raise awareness of NPD's efforts to reduce vehicle and catalytic converter theft. Lastly, the web page will contain information regarding all NPD policies associated with the NVATPP. Digital outreach will include advertisements on social media platforms. Social Media advertisement will span across all 36 months of the grant. NPD will participate in community partnership events as offered during the duration of the grant and after the grant period ends. NPD will engage with residents, businesses, visitors, and others at the events and share information about the NVATPP efforts. By publicizing the program's success and community commitment to reduce crime, the ideal solution is not just to solve crimes that have occurred in the city but to deter them from occurring at all.
FISCAL IMPACT
The City was awarded $986,444 in Organized Retail Theft Prevention Grant funding that was established by the State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) and no match is required for this funding. The grant cycle is October 1, 2023, through June 1, 2027.
Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.
As part of the application process, the following expenses were proposed:
(1) Personnel - $79,131 (PSA salary and benefits)
(2) Materials and Supplies - $11,800 (Catalytic converter label supplies, print media and postage, and branded merchandise)
(3) Services - $447,200 (Services include the contracts for leased technology equipment, social media advertisements, partnerships with Fremont Ford and MVROP, the financial audit contract, California State University data collection, and employee training expenses)
(4) Capital Assets - $360,000 (Crime Prevention Vehicle, Mobile Community Pole Cameras, and Mobile Technology Speed Trailer with ALPR) (5) Indirect Costs - $88,313 (Internal services such as human resources, accounting, and legal fees)
Vendor selections for all grant activities and equipment purchases will be made following a competitive purchasing process according to the City's purchasing rules and grantor requirements. City Council approval is required for contracts that exceed $75,000.
Acceptance of this grant will require a budget amendment to the 2022-2024 Biennial Budget and Capital improvement Plan for FY 2024 as follows:
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Account Number Description Amount
FR:
234.30.031.310.4792.BSCC.ORT BSCC Grant Award $986,444
TO:
234.30.031.310.5120.BSCC.ORT
Police Service and
Personnel Costs $79,131
TO:
234.30.031.310.6120.BSCC.ORT
Special Department
Supplies $11,800
TO:
234.30.031.310.6220.BSCC.ORT
Consultant/Professional
Services $438,200
TO:
234.30.031.310.6440.BSCC.ORT Travel/Lodging/Meals $8,000 TO:
234.30.031.310.6450.BSCC.ORT Training & Education $1,000 TO:
234.30.031.310.8052.BSCC.ORT Vehicles $210,000
TO:
234.30.031.310.8053.BSCC.ORT
Special Police
Equipment $150,000
TO:
234.30.031.310.8053.BSCC.ORT Internal Services $88,313
The unused appropriations of the grant award will be carried forward. The ongoing costs associated with the above expenditures will be included in the department’s proposed operating budget as deemed appropriate and will be presented to the City Council for consideration.
Quarterly progress reports to the BSCC are required and disbursement of grant funds occurs on a reimbursement basis for costs incurred during the reporting period.
Invoices must be submitted to the BSCC on either a monthly or quarterly basis through an online process no later than 45 days following the end of the invoicing period.
In addition, BSCC staff may conduct on-site monitoring visits that include a review of documentation maintained as substantiation for project expenditures with grant funds.
REVIEW AND APPROVAL
Prepared by - Jolie Macias, Police Captain
Reviewed by - Gina Anderson, Police Chief
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
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Attachments
Grant Agreement PD
Resolution
Resolution No. 11527
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY TO ACCEPT THE
STATE OF CALIFORNIA BOARD OF STATE AND
COMMUNITY CORRECTIONS ORGANIZED RETAIL THEFT
PREVENTION GRANT AWARD AND AMENDING THE 2022-
2024 BIENNIAL BUDGET
WHEREAS, the City of Newark has been selected to receive the State of California Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention grant to support local law enforcement agencies in the preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft; and WHEREAS, the State Budget Act of 2022 (Senate Bill 154, Chapter 43, Statutes of 2022) established the Organized Retail Theft (ORT) Prevention Grant Program, providing funding of $242,250,000 to California city police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. Permissible uses of the grant include, but are not limited to, purchase of technology or other equipment to help deter strategies for preventing or responding to crime; and
WHEREAS, the City Council, pursuant to Resolution No. 11527, previously authorized the City Manager to submit a grant proposal and execute a grant agreement with the BSCC for an ORT grant; and
WHEREAS, funding in the amount of $986,444 has been allocated to the Newark Police Department for the Newark Vehicle and Accessory Theft Prevention Program that will leverage technology and community partnerships to provide comprehensive, evidence based public safety services to prevent motor vehicle and vehicle accessory theft; and WHEREAS, no match is required for this funding; and
WHEREAS, the City of Newark will provide the BSCC with a financial audit that covers the service delivery period of the grant (October 1, 2023 – December 31, 2026). The audit report will be due no later than June 1, 2027.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark authorizes the City to accept the ORT Prevention grant through the BSCC and authorizes the City Manager to take all actions necessary to effectuate the intent of this resolution.
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Resolution No. 2
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:
FR: 234.30.031.310.4792.BSCC.ORT BSCC Grant Award $986,444 TO: 234.30.031.310.5120.BSCC.ORT Police Service Aid Personnel Costs $79,131 TO: 234.30.031.310.6120.BSCC.ORT Special Department Supplies $11,800 TO: 234.30.031.310.6220.BSCC.ORT Consultant/Professional Services $438,200 TO: 234.30.031.310.6440.BSCC.ORT Travel/Lodging/Meals $8,000 TO: 234.30.031.310.6450.BSCC.ORT Training & Education $1,000 TO: 234.30.031.310.8052.BSCC.ORT Vehicles $210,000
TO: 234.30.031.310.8053.BSCC.ORT Special Police Equipment $150,000 TO: 234.30.031.310.8053.BSCC.ORT Internal Services $88,313 Packet Page 101
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Item D. 4.
DATE 10/12/2023
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt a resolution approving a Letter of Understanding to the Memorandum of Understanding with the Newark Police Association SUMMARY AND RECOMMENDATION
Staff has engaged in multiple meet and confer sessions with the Newark Police Association regarding the Classification and Compensation Study results as required by the Memorandum of Understanding with the Newark Police Association. The City and the Newark Police Association have reached an agreement following meet and confer efforts and staff now recommends that the City Council adopt a resolution approving a Letter of Understanding to the Memorandum of Understanding with the Newark Police Association, providing a 3.5% base pay salary increase to Police Officers and a 5.5% base pay salary increase to Police Sergeants.
BACKGROUND
On July 28, 2022, City Council approved a side letter to the Newark Police Association (NPA) Memorandum of Understanding (MOU). This side letter, among other things, included a requirement that the City conduct a Classification and Compensation Study (Study) in Fiscal Year 2023 and an agreement to meet and confer on the Study results.
On March 23, 2023, NPA members and representatives were invited to a presentation of the compensation portion of the Study results. The results showed that all NPA classifications with at least four matches in the City's ten-city labor market were above the average of the market (0.3% - 9.2%). Each City was surveyed for their highest base pay and the City's highest contributions to medical, dental, vision, disability insurance and life insurance premiums. This total compensation amount was compared to Newark's total compensation amount for each NPA classification. Classification studies capture a moment in time and often become outdated by the time a study is complete, as cities have varied effective dates of increases to salaries and City contributions to benefits.
DISCUSSION/ANALYSIS
Around the time the Study results were released, the City began experiencing a higher Packet Page 104
Around the time the Study results were released, the City began experiencing a higher vacancy rate for the Police Officer classification. Since the Study used November 2022 data, and in an effort to ensure successful recruitment and retention of Police Officers, the City updated the Study results with February 2023 data and added comparisons to City deferred compensation contributions and specialty pays, such as longevity and holiday-in-lieu. With these updates, the survey showed that the classification of Police Officer was 2.1% above the market average. The updated February 2023 data was included in the March presentation to the NPA membership and representatives.
Due to many cities in the region experiencing high Police Officer vacancy rates, cities began increasing their total compensation salaries and MOUs set to expire in the spring or summer of 2023 were renewed. This led to the City conducting an additional compensation survey capturing data effective on July 1, 2023. This survey showed that Police Officers were 2.6% below the market average. Since salary increases for Police Officers are often similar to salary increases Police Sergeants, the City conducted a survey of Police Sergeant compensation, showing Sergeants were 4.7% below the labor market average.
The City's designated labor negotiators met with NPA representatives to discuss the July 1, 2023 labor market survey results. As a result of those discussions, the parties prepared a Letter of Understanding to the MOU to implement a 3.5% base pay salary increase to the classification of Police Officer and a 5.5% base pay salary increase to the classification of Police Sergeant effective the first full pay period after City Council approval. Using the July 1, 2023 data and applying the 3.5% Police Officer salary increase, the classification of Police Officer moves from a position of seven (7) to four (4) in the ten (10) city labor market. In other words, three of the ten cities have a higher total compensation and six cities have a lower total compensation, placing the City in the top half of the labor market. However, at least one City has provided a salary increase since July 1 and another City is expected to agree to salary increases next month. In consideration of this information and some cities' July 1, 2024 salary increases, the proposed salary increases of 3.5% and 5.5% exceed the July 1, 2023 market average difference by 0.8% (Police Sergeant) and 0.9% (Police Officer). NPA representatives have executed the Letter of Understanding.
FISCAL IMPACT
The cost of implementing the proposed salary increases is $445,000 in Fiscal Year 2024. Police Officer costs are estimated at $293,000 and Police Sergeant costs are estimated at $152,000. These costs include salaries and benefits, including CalPERS retirement contributions by the City. The ongoing impact of these increases will be included in future proposed budgets presented to City Council for consideration.
REVIEW AND APPROVAL
Prepared by - Cathreene Ingham-Watters, Human Resources 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
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Attachments
Resolution LOU
Exhibit A - NPA Letter of Understanding
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING A LETTER OF UNDERSTANDING
WITH THE NEWARK POLICE ASSOCIATION TO
IMPLEMENT THE CLASSIFICATION AND COMPENSATION
STUDY RESULTS
WHEREAS, the City and the Newark Police Association (NPA) are parties to a Memorandum of Understanding (MOU) in effect between July 1, 2019 and June 30, 2025; and WHEREAS, Section IV. Labor Market of the MOU states the City will conduct a Compensation Study that will include a Total Compensation Survey (Survey) for all NPA classifications, and the implementation of equity adjustments based on the Study will be subject to meet and confer with NPA; and
WHEREAS, the City conducted the Survey using November 2022 data and invited NPA members to a presentation of the results on March 23, 2023; and WHEREAS, all NPA classifications with at least four matches in the labor market were shown to be above the market average; and
WHEREAS, updates to the Survey were conducted for the classification of Police Officer with data effective February 2022 and for the classifications of Police Officer and Police Sergeant effective July 2023; and
WHEREAS, the July 2023 Survey showed Police Officers were 2.6% below the market average and Police Sergeants were 4.7% below the market average; and WHEREAS, cities in Newark’s labor market are increasing salaries and Newark desires to remain competitive to recruit and retain highly qualified Police Officers and Police Sergeants; and WHEREAS, the City has met and conferred with NPA and reached agreement on the implementation of the Survey results.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council approves and authorizes the City Manager to execute the Letter of Understanding, in a form approved by the City Attorney, between the City of Newark and the Newark Police Association to provide a 3.5% salary increase to base pay for the classification of Police Officer and a 5.5% salary increase to base pay for the classification of Police Sergeant effective the first full pay period after City Council approval, as provided in Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.
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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 Police Association (NPA) Executive Board
From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: September 26, 2023
This will serve as a Letter of Understanding (LOU) to the City of Newark (City) and the Newark Police Association (NPA) July 1, 2019 - June 30, 2025 Memorandum of Understanding (MOU). The purpose of this LOU is to memorialize the equity adjustments that will occur resulting from recent discussions between the City and NPA regarding the implementation of Classification and Compensation Study results. This LOU will become effective upon approval by the City Council.
The City and NPA agree to the following amendments to the MOU:
Section V.A.2 of MOU:
Add:
f. As a result of the meet and confer process described in paragraph two of Section IV. Labor Market, the following shall occur: Effective the first full pay period following City Council approval, Police Officers shall receive a three and one-half percent (3.5%) equity adjustment to their base pay, and Police Sergeants shall receive a five and one-half percent (5.5%) equity adjustment to their base pay.
These equity adjustments are included in the revised pay ranges for the classifications which are attached hereto as revised Exhibit A.4.
MOU Exhibits:
See attached “Exhibit A.5”, previously titled Exhibit A-4 in the MOU. The exhibit has been updated to include the above salary increases and remove the language “Listed salaries are subject to change pursuant to negotiated equity adjustments.”
Dated: ____________________________
For the City of Newark: For the Newark Police Association:
__________________________________ ______________________________________ David J. Benoun, City Manager Steven Losier, President
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City of Newark – City Manager’s Office 2
Attachment A.4
Equity Adjustments effective October 22, 2023 or first full pay period following City Council approval per Section V.A.2.f
ANIMAL CONTROL OFFICER $6,942.15 $7,289.25 $7,653.72 $8,036.40 $8,438.22 $40.05 $42.05 $44.16 $46.37 $48.68
COMMUNITY SERVICE OFFICER $7,020.92 $7,371.97 $7,740.57 $8,127.60 $8,533.98 $40.50 $42.53 $44.65 $46.89 $49.23
LEAD PUBLIC SAFETY DISPATCHER $8,509.47 $8,934.95 $9,381.69 $9,850.78 $10,343.32 $49.09 $51.55 $54.13 $56.83 $59.67
POLICE OFFICER $9,926.20 $10,421.35 $10,943.40 $11,490.57 $12,064.65 $57.27 $60.12 $63.14 $66.29 $69.60
POLICE RECORD SUPERVISOR $7,601.03 $7,981.08 $8,380.14 $8,799.14 $9,239.10 $43.85 $46.05 $48.35 $50.77 $53.31
POLICE SERGEANT $12,038.11 $12,639.74 $13,270.63 $13,934.44 $14,631.16 $69.45 $72.92 $76.56 $80.39 $84.41
PUBLIC SAFETY CLERK $6,606.74 $6,937.08 $7,283.94 $7,648.13 $8,030.54 $38.11 $40.02 $42.02 $44.12 $46.33
PUBLIC SAFETY DISPATCHER $7,879.15 $8,273.10 $8,686.76 $9,121.10 $9,577.15 $45.45 $47.72 $50.11 $52.62 $55.25
RED LIGHT PHOTO ENFORCEMENT $6,736.84 $7,073.68 $7,427.37 $7,798.74 $8,188.67 TECHNICIAN $38.86 $40.81 $42.85 $44.99 $47.24
VEHICLE ABATEMENT OFFICER $5,548.40 $5,824.00 $6,116.93 $6,420.27 $6,742.67 $32.01 $33.60 $35.29 $37.04 $38.90
*Monthly salaries are based on a 40-hour workweek for non-sworn NPA employees. Salaries listed for sworn NPA employees are monthly salaries for workweeks as defined in MOU.
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City of Newark – City Manager’s Office 3
Attachment A.5
Effective July 1, 2024
ANIMAL CONTROL OFFICER $7,150.41 $7,507.93 $7,883.33 $8,277.50 $8,691.37 $41.25 $43.32 $45.48 $47.76 $50.14
COMMUNITY SERVICE OFFICER $7,231.55 $7,593.13 $7,972.78 $8,371.42 $8,790.00 $41.72 $43.80 $45.99 $48.29 $50.71
LEAD PUBLIC SAFETY DISPATCHER $8,764.76 $9,203.00 $9,663.15 $10,146.30 $10,653.62 $50.57 $53.09 $55.75 $58.54 $61.46
POLICE OFFICER $10,223.99 $10,733.99 $11,271.70 $11,835.29 $12,426.59 $58.98 $61.93 $65.03 $68.28 $71.69
POLICE RECORD SUPERVISOR $7,829.06 $8,220.52 $8,631.54 $9,063.12 $9,516.27 $45.17 $47.43 $49.80 $52.29 $54.91
POLICE SERGEANT $12,399.26 $13,018.94 $13,668.75 $14,352.47 $15,070.10 $71.53 $75.11 $78.86 $82.80 $86.94
PUBLIC SAFETY CLERK $6,804.95 $7,145.19 $7,502.45 $7,877.58 $8,271.45 $39.26 $41.22 $43.28 $45.44 $47.72
PUBLIC SAFETY DISPATCHER $8,115.52 $8,521.30 $8,947.36 $9,394.73 $9,864.47 $46.81 $49.16 $51.61 $54.19 $56.90
RED LIGHT PHOTO ENFORCEMENT $6,938.95 $7,285.89 $7,650.19 $8,032.70 $8,434.33 TECHNICIAN $40.03 $42.03 $44.13 $46.34 $48.66
VEHICLE ABATEMENT OFFICER $5,714.80 $5,999.07 $6,300.67 $6,612.67 $6,945.47 $32.97 $34.61 $36.35 $38.15 $40.07
*Monthly salaries are based on a 40-hour workweek for non-sworn NPA employees. Salaries listed for sworn NPA employees are monthly salaries for workweeks as defined in MOU.
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