Agenda packet — Newark City Council, December 14, 2023 (part 1 of 5)

AGENDA
Thursday, December 14, 2023
7:00 P.M.

A. ROLL CALL - Moment of silence in memory of Luis Bailon, Street Maintenance Worker

B. PRESENTATIONS

1. Commending Beverly Ryans on her retirement

2. Introduction of employees

3. Commendation for the Lee Family, owners of Jade Palace restaurant

4. Adopt a resolution confirming the Mayor's appointment to the Planning Commission and administration of the Oath of Office
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 November 9, 2023 minutes

3. Motion approving the 2024 Local Appointments List and distribution

4. Adopt a resolution authorizing the City Manager to execute a Contractual Services

4. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with MNS Engineers, Inc., for Construction Management Services for Central Avenue Overpass, Project 1014 and approving an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024

5. Adopt a resolution to approve an agreement with Forensic Logic LLC, a SoundThinking Company for CrimeTracer software, and approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024

6. Adopt a resolution approving the Second Amendment to the Contractual Services Agreement with ClientFirst Consulting Group, LLC for technology consulting services

7. Adopt a resolution approving Amendment No. 2 to the Contractual Services Agreement with West Coast Arborists, Inc. for tree maintenance services

8. Adopt a resolution approving a side letter agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Management Association to provide for compensation to Police Lieutenants for certain overtime work associated with the Selective Traffic Enforcement Program grant

9. Adopt a resolution to accept the Annual and Five-Year Mitigation Fee Report for fiscal year ended June 30, 2023, and approve findings for each development impact fee that the City of Newark imposes on development projects

10. Adopt a resolution approving a side letter with the Newark Police Association to provide temporary benefits relating to the temporary critical staffing schedule; and approve an amendment to the 2022 - 2024 Biennial Budget and Capital Improvement Plan

11. Adopt a resolution authorizing the deletion of one full-time equivalent Lead Public Safety Dispatcher and the addition of one full-time equivalent Public Safety Dispatch Supervisor to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024; amending Resolution No. 2505, Employee Classification Plan to include the Public Safety Dispatch Supervisor classification; approving a Side Letter with the Newark Police Association (NPA) to add the classification of Public Safety Dispatch Supervisor and assign salary steps; and approve an amendment to the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5

12. Adopt a resolution approving a Contractual Services Agreement with ICS Integrated Communication Systems for audio/video equipment and services and approving an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan

13. Adopt a resolution authorizing the purchase of two dump trucks for the Public Works Department Maintenance Division directly from an auto dealership and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024

14. Adopt a resolution authorizing the City Manager to execute the second amendment to the

14. Adopt a resolution authorizing the City Manager to execute the second amendment to the Contractual Services Agreements with Community Planning Collaborative and authorizing amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to provide funding for consultant services related to the 2023-2031 Housing Element

15. Adopt a resolution approving reappointment of Eric Hentschke to the Alameda County Mosquito Abatement District
E. PUBLIC HEARINGS

1. Public Hearing to consider introducing an ordinance adding Chapter 17.15 to the Newark Municipal Code to establish the By Right Housing (-BRH) Overlay District, amending the Newark Zoning Map by applying the -BRH Overlay District to specific parcels, and making related miscellaneous amendments to Title 17, Zoning, of the Newark Municipal Code F. OTHER BUSINESS

1. Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement, in a form approved by the City Attorney, with Ascent Environmental, Inc. for an update to the City's Climate Action Plan and amend the 2022-2024 Biennial Budget and Capital Improvement Plan

2. Adopt a resolution to approve an exception to the 180-Day waiting period for post-retirement employment and approve an employment agreement with Gina Anderson to serve as Interim Police Chief pursuant to Government Code sections 7522.56 and 21221(h)
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.

1. Approval of motion appointing Vice Mayor and resolution authorizing the Vice Mayor to execute financial documents

2. Adopt a resolution confirming the Mayor's appointments to various agencies, boards, commissions, and committees
H. CITY MANAGER UPDATES
I. CLOSED SESSION
J. ADJOURNMENT - in memory of Luis Bailon, Street Maintenance Worker

MEETING INFORMATION
Members of the public may attend the meeting in person, watch online, or watch on Cable Channel 26. The ability to observe online 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.

Cable Channel 26 - if the meeting does not broadcast live, please contact your service provider and request the City of Newark channel lineup.

Zoom will no longer be available for public participation unless required by Assembly Bill 2449. Should a Council Member or the Mayor attend the meeting via Zoom pursuant to Assembly Bill 2249, then the Webinar ID https://us06web.zoom.us/j/83978815077 will be activated. The Mayor will make an announcement at the beginning of the meeting that the City will be allowing public comment via Zoom. Raise your virtual hand to notify the City Clerk that you would like to speak during the item that you wish to speak on.

How to submit written Public Comment:

Send an email to City Clerk 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 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.

Item B. 1.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commending Beverly Ryans on her retirement
Administrative Support Specialist II Beverly Ryans is retiring after 21 years of service to the City of Newark. A commendation has been prepared in honor of her service and will be presented at the City Council meeting.

Attachments
Commendation

COMMENDING BEVERLY RYANS
WHEREAS, BEVERLY RYANS began her career with the City of Newark in the Public Works Department in November 2002 as an Administrative Support Specialist II where she provided support to the Engineering Division covering the front counter where she assisted customers in person and over the phone, scheduled appointments, issued encroachment permits, sold project plans, and invoiced utilities; and
WHEREAS, BEVERLY RYANS continued to serve the Public Works Department by sharing her time between the Engineering Division and the City’s Corporation Yard where she assisted with invoicing and payroll preparation; and
WHEREAS, BEVERLY RYANS transitioned to working half time in the City Administration Office where she performed clerical support to the City Manager’s Office Staff, assisted the City Clerk with City Council packet development, and prepared the Council Chambers for the City Council Meetings; and WHEREAS, BEVERLY RYANS transitioned to the Newark Police Department where she timely and accurately processed the complex department payroll, she coordinated nine years of Citizen Police Academy classes, and she continually provided outstanding professional support services to all city staff that she came in contact with; and
WHEREAS, following a distinguished career with the City of Newark, BEVERLY RYANS, Administrative Support Specialist II, is retiring after twenty-one years of excellent service and commitment to the Newark community.

NOW, THEREFORE, I, Michael Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend

BEVERLY RYANS
for her dedication to the City of Newark and wish her the very best in all future endeavors.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this 14th Day of December, Two Thousand Twenty-Three.

MICHAEL HANNON
Mayor
Item B. 2.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employees
The following Police Officers will be introduced at the City Council meeting: Taryn Stevenson, Michael Orozco, Vincent Townsend, and Christian Lara.

Item B. 3.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commendation for the Lee Family, owners of Jade Palace restaurant The Lee Family closed the Jade Palace restaurant in November, 2023. Multi generations of the Lee Family worked in the restaurant during its 54 years of providing good meals to its loyal customer base.

A commendation has been prepared in honor of the Lee Family and the Jade Palace restaurant.

Attachments
Commendation

COMMENDATION

THE LEE FAMILY
WHEREAS, in 1970 Oakland resident Edwin Wing Lee was driving along Highway 17 when he took the Thornton Avenue exit and entered Newark; and WHEREAS, Edwin Wing Lee turned into the Old Town Center where ultimately a business opportunity presented itself; and WHEREAS, opening a restaurant that served Chinese-American cuisine was Edwin Wing Lee’s life-long passion; and
WHEREAS, Edwin Wing Lee and his wife Chaungan opened the Jade Palace and immersed themselves in the Newark community, serving good food and cultivating a loyal customer base; their children and grandchildren eventually joined the family business too; and
WHEREAS, after 54 years the Lee family decided it was time to close their doors and sent their loyal customers off with one last meal in November; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend

THE LEE FAMILY
for their dedication and renowned customer service and wish them all a long and happy, well-deserved retirement.

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 Fourteenth Day of December, Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
Item B. 4.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt a resolution confirming the Mayor's appointment to the Planning Commission and administration of the Oath of Office
Patricia Pitpitan was appointed to the Planning Commission on September 22, 2022, to fill the unexpired term of Debbie Otterstetter. Ms. Pitpitan is not seeking reappointment and has submitted her resignation from the Planning Commission.

The City Clerk advertised the upcoming vacancy and received 5 applications by the deadline. Applications were received from Daniel Cardenas, Olga Borjon, Namit Saksena, Darshpal Dhillon, and Julie Del Catancio. Mayor Hannon interviewed the applicants and will announce his selection at the City Council meeting.

It is recommended that the City Council, by resolution, confirm the Mayor's appointment to the Planning Commission, for a term to expire on December 31, 2027.

The Oath of Office will be administered to the newly appointed Planning Commission at the City Council meeting, following the vote.

Attachments
Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE APPOINTMENT OF TO BE

DETERMINED TO THE PLANNING COMMISSION
WHEREAS, Patricia Pitpitan was appointed to the Planning Commission on September 22, 2022 to fill the unexpired term of Debbie Otterstetter; and WHEREAS, Patricia Pitpitan’s term on the Planning Commission expires on December 31, 2023, and she is not seeking reappointment; and
WHEREAS, the upcoming vacancy was advertised by the City Clerk and applications were received from Daniel Cardenas, Olga Borjon, Namit Saksena, Darshpal Dhillon, and Julie Del Catancio; and
WHEREAS, the Mayor of the City of Newark has interviewed the applicants and appointed To Be Determined to said position on the Planning Commission for a term beginning January 1, 2024 and expiring on December 31, 2027;
NOW, THEREFORE, BE IT RESOLVED that said appointment is hereby approved by the City Council of the City of Newark.

Item D. 1.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 10.26.23
Audited Demands 11.02.23
Audited Demands 11.09.23
Audited Demands 11.16.23
Audited Demands 11.22.23

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Item D. 2.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of November 9, 2023 minutes
Attachments
Minutes
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Maria “Sucy” Collazo | Council Members: Luis L. Freitas, Mike Bucci, and Matthew Jorgens

Minutes
Thursday, November 9, 2023
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:05 p.m. Vice Mayor Collazo, Council Members Bucci, Freitas, and Jorgens were present.

B. PRESENTATIONS

1. Introduction of employee(s)
Mayor Hannon introduced Albert Medina, Police Officer and Janelle Mensinger, Aquatics Coordinator.

2. Presentation on Newark Library
Branch Manager Joe Stoner provided the annual report on the Newark Library.

Presentation on file with the City Clerk.

He noted that the library will be featured on the PBS television show Viewpoint in the spring of 2024.

3. Washington Hospital Healthcare System presentation of Community Health Needs Assessment
Angus Cochran, Chief of Community Support Services for Washington Hospital provided the 2023 Community Needs Assessment presentation. Presentation on file with the City Clerk.

Page No. 2
City of Newark City Council Minutes November 9, 2023
Mayor Hannon requested a follow up summary on how to address issues presented in the 2023 Community Needs Assessment.

4. AC Transit Realign bus service network plan presentation Diann Castleberry External Affairs Representative and Crystal Wang, Transportation Planner for AC Transit gave the presentation for the Realign Draft Service Scenarios. Presentation on file with the City Clerk.

Diane Shaw, AC Transit Board Member stated that the proposed plan changes did not impact school service.

The City Council provided feedback on the need for more frequent services, testing the viability of Flex service again, smaller buses, and the support of the later route time for Line 251 to Ohlone College.

Mayor Hannon requested an article in the Newark News on AC Transit services, that AC Transit provide an estimated cost for the unconstrained cost option and provide a report on the level of service and ridership.

C. PUBLIC COMMENT
No one requested to speak.

D. CONSENT CALENDAR

City Manager Benoun requested the removal of item D.12.

Mayor Hannon requested the removal of items D.5, D9 and D.11.

Council Member Freitas moved, Vice Mayor Collazo seconded, to approve Consent Calendar Items D.1 through D.17, excluding D.5, D.9, D.11 and D.12, 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 October 26, 2023 minutes
Page No. 3
City of Newark City Council Minutes November 9, 2023

3. Waive full reading, conduct second reading by title only, and adopt an ordinance repealing and replacing Title 16 "Subdivisions" of the Newark Municipal Code
Ordinance No. 546

4. Adopt resolutions establishing the City Council meeting calendar for 2024 and authorizing the City Manager to take administrative actions during the August Recess
Resolution No. 11576 Meeting Calendar
Resolution No. 11577 August Recess

5. Pulled - Adopt a resolution reappointing William Fitts to the Planning Commission

6. Adopt a resolution approving a Contractual Equipment and Services Agreement with RJMS Corporation dba Toyota Material Handling of Northern California for the purchase of a sub-compact sweeper
Resolution No. 11578
Contract No. 23077

7. Adopt a resolution accepting the work with American Asphalt Repair and Resurfacing Co., Inc. for FY 2021-2022 Citywide Park Pathways Resurfacing for ADA Access, Project 1297
Resolution No. 11579

8. Adopt a resolution approving an agreement with Applied Landscape Materials, Inc. to apply composted mulch to landscaped areas in City parks and to amend the 2022-2024 Biennial Budget and Capital Improvement Plan to reappropriate the remaining $44,813 of CalRecycle Local Assistance Grant funding to Fiscal Year 2024
Resolution No. 11580
Contract No. 23078

9. Pulled - Adopt a resolution approving a lease agreement with Viola Blythe Community Service Center of Newark, Inc.

Page No. 4
City of Newark City Council Minutes November 9, 2023

10. Adopt a resolution approving an amendment to the Contractual Services Agreement with Cal West Lighting & Signal Maintenance for additional traffic signal and street light maintenance services
Resolution No. 11581
Contract No. 20041

11. Pulled - Adopt a resolution approving a lease agreement with Second Chance, Inc.

12. Pulled - Adopt a resolution amending the Biennial Budget and Capital Improvement Plan to consolidate the three Traffic Signal Interconnect Projects, Project 1307, 1308, and 1309 into newly identified Project 1361, and approving a Contractual Services Agreement with Iteris, Inc. for Professional Engineering Services for the Traffic Signal Interconnect Project

13. Adopt a resolution approving a side letter with the Newark Police Management Association and approving an amendment to the salary schedule for the classification of Community Engagement Manager
Resolution No. 11582

14. Adopt a resolution approving a compensation plan for certain positions in the exempt service employee group to amend the Temporary Classifications Schedule of Hourly Wage Rates, and revoking the previous resolution in conformance with California Code of Regulations, Title 2, Section 570.5 Resolution No. 11583

15. Adopt a resolution approving Amendment No. 1 to the Contractual Services Agreement with Lance, Soll & Lunghard, LLP (LSL), Certified Public Accountants, for professional auditing services
Resolution No. 11584
Contract No. 19026

16. Adopt a resolution approving a Project Specific Funding Agreement with Alameda County Transportation Commission for the design and construction phases of Central Avenue Overpass, Project 1014
Resolution No. 11585
Contract No. 23079
Page No. 5
City of Newark City Council Minutes November 9, 2023

17. Adopt a resolution authorizing a 5.0% increase to the solid waste collection, recycling and organics services maximum rates for Calendar Year 2024 Contract No. 11586

NON CONSENT
D.5 Adopt a resolution reappointing William Fitts to the Planning Commission Resolution No. 11587
Mayor Hannon thanked Mr. Fitts for his decades of service and recommended his reappointment.

No one from the public requested to speak.

Mayor Hannon moved, Council Member Freitas seconded to adopt a resolution for the reappointment of William Fitts to the Planning Commission.

The motion passed, 5 AYES.

D.9 Adopt a resolution approving a lease agreement with Viola Blythe Community Service Center of Newark, Inc.

Resolution No. 11588
Contract No. 23080
D.11 Adopt a resolution approving a lease agreement with Second Chance, Inc.

Resolution No. 11589
Contract No. 23081
Mayor Hannon considered D.9 and D.11 concurrently. He stated that the Viola Blythe Community Service Center of Newark, Inc. and Second Chance, Inc. provide critical services for the community and recommended approval of their leases.

No one from the public requested to speak.

Mayor Hannon moved, Vice Mayor Collazo seconded to adopt the resolutions approving lease agreements with Viola Blythe Community Service Center of Newark, Inc. and Second Chance, Inc. The motion passed, 5 AYES.

Page No. 6
City of Newark City Council Minutes November 9, 2023
D.12 Adopt a resolution amending the Biennial Budget and Capital Improvement Plan to consolidate the three Traffic Signal Interconnect Projects, Project 1307, 1308, and 1309 into newly identified Project 1361, and approving a Contractual Services Agreement with Iteris, Inc. for Professional Engineering Services for the Traffic Signal Interconnect Project
Resolution No. 11590
Contract No. 23082
City Manager stated that he removed this item from the consent calendar to allow Council Members to recuse themselves.

Vice Mayor Collazo announced that she would recuse from this item due to real property and business conflicts of interest. She exited the Council Chambers.

Council Member Jorgens announced that he would recuse due to a real property leasehold conflict of interest. He exited the Council Chambers.

City Manager Benoun stated that this item would consolidate 3 Capital Improvements Projects into one project and would award the contract for the Traffic Signal Interconnect Project.

In response to Council questions, City Engineer Imai stated that a bus preemption for signals could be included in the second phase of the project.

No one from the public requested to speak.

Moved by Council Member Bucci, seconded by Council Member Freitas to adopt a resolution amending the Biennial Budget and Capital Improvement Plan to consolidate the three Traffic Signal Interconnect Projects, Project 1307, 1308, and 1309 into newly identified Project 1361, and approving a Contractual Services Agreement with Iteris, Inc. for Professional Engineering Services for the Traffic Signal Interconnect Project. The motion passed, 3 AYES, 2 RECUSED
Vice Mayor Collazo and Council Member Jorgens returned to the City Council Chambers.

Page No. 7
City of Newark City Council Minutes November 9, 2023
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Presentation of the draft Public Art Master Plan update and Council input Senior Management Analyst Gonzalez introduced Gail Goldman, Gail M. Goldman Associates and Amanda Rawson, Art Builds Community who provided the presentation. Presentation on file with City Clerk.

Adriene Dedic spoke in favor of an Arts Center for the community to participate in creativity. She suggested adding an art display during Newark Days and displaying art in city buildings and the civic center.

Linda Patterson spoke in support of an Art Center as a showplace for children’s art and empowerment.

Vice Mayor Collazo stated that an event center could be used as an art center too.

She stated that she would like to work on an art fair with the consultants.

Council Member Bucci suggested allowing students to create the art on the utility boxes outside of their schools. He would like walls in the City identified for murals.

He suggested exploring a small fee for spray paint purchases to fund art projects.

Mayor Hannon stated that he saw opportunities to incorporate art with the facilities master plan, include an art component with future developments, consider setting aside a portion of the Transient Occupancy Tax for art. He wanted high quality art that survives generations.

Page No. 8
City of Newark City Council Minutes November 9, 2023
G. CITY COUNCIL MATTERS
Council Member Freitas wished everyone a Happy Thanksgiving.

Council Member Bucci thanked Planning Commission Fitts for his continued service. He was excited for the upcoming Costco opening and wished everyone a Happy Thanksgiving.

In response to Council Member Bucci’s question, City Manager Benoun stated that the work for the Citywide LED Light Project should commence in 30 days.

Vice Mayor Collazo thanked the veterans for their service. Happy Thanksgiving.

She suggested an art display in Magnolia Plaza and closing Thornton Avenue and Magnolia Street for Dia De Los Muertos next year. Shop Newark.

Mayor Hannon stated that American troops are scattered around the world and we need to think about them. He announced that he resented a commendation to William Delucci for his 100th birthday and noted his place in the city’s history.

H. CITY MANAGER UPDATES
I. CLOSED SESSION
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:23 p.m.

Item D. 3.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Motion approving the 2024 Local Appointments List and distribution Section 54970 et. seq. of the Government Code is commonly known as the Maddy Act or Local Appointments List.  Section 54972 requires that on or before December 31 of each year, each legislative body in the state shall cause to be prepared and posted a Local Appointments List of all regular and ongoing boards, commissions, and committees, which are appointed by the legislative body of the local agency.  The Local Appointments List is to be made available to the public and must contain the following information:
•    A list of all appointive terms, which will expire during the calendar year, with the names of the incumbent appointee, the date of the appointment, and the date the term expires.
•    A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body and the necessary qualifications for each position.

Legislation also requires the City to post a copy of the list on its website or designate the public library within its jurisdiction to receive a copy of the list.

The Community Development Advisory Committee and the Measure GG Tax Oversight Committee do not have terms that expire in 2024 and are not included on the 2024 Local Appointments List. Members of the City’s Planning Commission, and Senior Citizen Standing Advisory Committee are appointed by the Mayor with the consent of the City Council and are on the Local Appointments List. Those terms that expire in 2024 are:

Planning Commission
Lori Bogisich, term expires, December 2024, appointed January 2022 Senior Citizen Standing Advisory Committee
Sandra Arellano, term expires April 2024, appointed April 2014 Rick Arellano, term expires April 2024, appointed January 2011 Stanley Keiser, term expires April 2024, appointed April 2018 Olga Borjon, term expires April 2024, appointed May 2020 Staff recommends that the City Council, by motion: (1) approve the 2024 Local Staff recommends that the City Council, by motion: (1) approve the 2024 Local Appointments List, (2) designate the Alan L. Nagy Public Library as the library to receive a copy of the list, and (3) direct staff to post the Local Appointments List to the City website.

Attachments
Local Appointments List

510.578.4266 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
City Clerk’s Office
37101 Newark Boulevard
Newark, CA 94560
CITY OF NEWARK 2024 LOCAL APPOINTMENT LIST*
Appointive Terms Expiring in 2024
Planning Commission
Lori Bogisich, term expires, December 2024, appointed January 2022 Senior Citizen Standing Advisory Committee
Sandra Arellano, term expires April 2024, appointed April 2014 Rick Arellano, term expires April 2024, appointed January 2011 Stanley Keiser, term expires April 2024, appointed April 2018 Olga Borjon, term expires April 2024, appointed May 2020 Qualifications for appointment to City commissions, committees, and boards: Appointees to the Planning Commission, Senior Citizen Standing Advisory Committee, Community Development Advisory Committee, and the Measure GG Tax Oversight Committee must be at least 18 years old and reside in the City of Newark.

Appointees to the Senior Citizen Standing Advisory Committee must be at least 55 years of age at the time of appointment.
*Approved by the Newark City Council TBD pursuant to Section 54972 of the California Government Code, the Maddy Act.

Item D. 4.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Alex Tat, Senior Civil Engineer
SUBJECT Adopt a resolution authorizing the City Manager to execute a Contractual Services Agreement with MNS Engineers, Inc., for Construction Management Services for Central Avenue Overpass, Project 1014 and approving an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 SUMMARY AND RECOMMENDATION
The scale and complexity of the Central Avenue Overpass Project requires a construction management firm with the specific skills, knowledge, and experience necessary to oversee and ensure the successful delivery of this project. The project is nearing the completion of design, so to address the most urgent construction management support needs for Central Avenue Overpass Project 1014, staff recommends that the City Council authorize the City Manager to enter into a Contractual Services Agreement, in a form approved by the City Attorney, with MNS Engineers, Inc. in an amount not to exceed $660,000 for pre-construction construction management tasks only such as the constructability review of the 90% design documents, the purpose of which is to anticipate and identify challenges to the actual construction of the project before the design is finalized. At a future meeting, staff anticipates recommending an amendment to this Contractual Services Agreement to include the full scope of construction management services, which will include tasks for the construction and closeout phases of the project.

BACKGROUND
Central Avenue Overpass, Project 1014 is the largest and most complex Capital Improvement transportation project the City has undertaken to date. The project, which will replace the existing at-grade railroad crossing on Central Avenue between Sycamore Street and Morton Avenue with an overcrossing bridge structure, requires coordination with and relocation of several different utilities; approval and execution of multiple crossing agreements with Union Pacific Railroad (UPRR); and complex construction staging and operations to minimize impacts to adjacent property owners, the public, and operation of UPRR’s active rail lines. The breadth and complexity of the Project have created the need for the use of a multi-disciplinary consultant team to provide Construction Management services both prior to and throughout the construction of the Project.

Central Avenue Overpass, Project 1014 is designed to relieve traffic congestion, provide enhanced vehicle, bicycle, and pedestrian safety, improve emergency response times, and eliminate potential at-grade accidents by constructing a four-lane grade separation overpass structure, complete with sidewalks and bicycle lanes, at the Union Pacific Railroad (UPRR) crossing located between Sycamore Street and Morton Avenue. The project will include the construction of retaining walls; relocation and new construction of underground utilities; new traffic signals; new street lighting; and new storm drainage improvements. Construction of the Central Avenue Overpass structure and improvements is anticipated to begin in Spring 2025.

The proposed improvements will also require the relocation of ACWD’s water main and USD’s sanitary sewer main, creating an opportunity for a joint construction project between the City and both ACWD and USD to allow for a more efficient construction effort and schedule. Separate Cooperative Agreements between the City and both ACWD and USD are being finalized and will be presented to the City Council for consideration at an upcoming meeting to formalize this joint effort.

DISCUSSION/ANALYSIS
In accordance with the City’s Purchasing Rules and Regulations, staff prepared and initiated an open and competitive Request for Proposals (RFP) for Construction Management services for the Central Avenue Overpass Project. The RFP solicited a single multidisciplinary construction management team to manage the construction of City, ACWD, and USD improvements as a single project and specified that selection would be made based on the quality and completeness of submissions as well as a firm’s experience with projects of similar scope and complexity, approach by which their team intends to perform the work, satisfaction of previous clients, and proposed rate schedules.

Staff received a total of four (4) proposals and evaluated and ranked them based on completeness and responsiveness to the RFP. Based on the initial review of the proposals received, staff invited the top firm, MNS Engineers, Inc., to be interviewed by the City’s project team, consisting of the City Engineer, Senior Civil Engineer overseeing Capital Improvement Projects, Principal Engineer of Development Engineering Review, and Consultant Project Manager overseeing the Central Avenue Overpass Project for the City.

ACWD and USD staff also participated in the evaluation of all proposals received and the interview of the top firm. City staff conferred with both ACWD and USD staff regarding their respective evaluations; however, the City retained sole discretion to select the preferred Construction Management team. At the conclusion of the interview, staff selected MNS Engineers, Inc. as the recommended Construction Management firm based on their experience with projects of similar scope, demonstrated ability to deliver similar overpass structure projects within recent years, and value provided by their risk mitigation foresight and recommendations. MNS Engineers, Inc. rates were also comparable to those presented in the other responding proposal and their overall fee was the second lowest of the four received.

Construction management for the Central Avenue Project will include services performed both prior to and during construction. As discussed above, staff is currently finalizing Cooperative Agreements with both ACWD and USD to combine the relocation of ACWD’s water main and USD’s sanitary sewer main with the construction of the City’s overcrossing project to allow for a more efficient and economical construction effort. Therefore, at this time, staff recommends awarding a Contractual Services Agreement to MNS Engineers, Inc. for construction management services during the preconstruction phase only. This will allow the construction management team to expedite pre-construction tasks that include a constructability review of the 90% design documents, stakeholder coordination, preliminary scheduling, public outreach, bid support, and a pre-construction meeting with potential contractors while the Cooperative Agreements with ACWD and USD are finalized. Once the Cooperative Agreements are approved, staff will request approval from the City Council to amend the Contractual Services Agreement with MNS Engineers, Inc. to include construction management services during construction.

FISCAL IMPACT
Staff recommends that the City Council approve a Contractual Services Agreement with MNS Engineers, Inc., for construction management services for Central Avenue Overpass, Project 1014, for a not-to-exceed amount of $599,991 plus a 10% contingency of $60,009, totaling $660,000 for pre-construction construction management tasks.

Staff recommends funding the required construction management services related to Central Avenue Overpass, Project 1014 with Transportation Impact Fees.

Transportation Impact Fees are collected with each new residential, commercial, and industrial project and must be used to fund the construction of transportation improvements identified in the City of Newark Transportation Impact Fee Nexus Study.

The Nexus Study determined that construction of a Central Avenue railroad overcrossing would mitigate increases in traffic congestion caused by new development by removing the at-grade railroad crossing on Central Avenue, one of the primary arterial streets providing access to the residential developments within Bayside Newark.

Staff recommends that the City Council approve an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan to allocate $660,000 of Transportation Impact Fee funds for Fiscal Year 2024 to project 1014 as follows:

Description Expenditure Amount
To: Traffic Impact Fees Fund
622.90.091.910.6221.CIP1014 $660,000
From: Unappropriated Fund
Balance Fund 622.3000 $660,000
As discussed above, once the Cooperative Agreements with ACWD and USD are approved, staff will request approval from the City Council to amend the Contractual Services Agreement with MNS Engineers, Inc. to include construction management services during construction and increase the not-to-exceed amount. The terms of the Cooperative Agreements will ensure that ACWD and USD will each be responsible for 100% of the cost for construction management services, materials, and equipment attributed specifically to the design and relocation of their respective facilities. Common construction management services will be shared equally between the City, ACWD and USD.

In accordance with past practice, a 10% administrative fee would be added to all ACWD and USD costs to reimburse the City for administration and management of the joint contract.

Staff does not anticipate additional project costs as a result of partnering with ACWD and USD on the Central Avenue Overpass Project. Instead, the City, ACWD and USD staff anticipate that combining the respective projects will result in a more efficient and less expensive construction process.

The additional cost for construction management services throughout construction is anticipated to be $4.8 million. Staff anticipates recommending the use of additional Traffic Impact Fees to fund the City’s share of the added construction management costs throughout construction at a future date.

REVIEW AND APPROVAL
Prepared by - Alex Tat, Senior Civil Engineer
Reviewed by - Jayson Imai, City Engineer
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 MNS Central Avenue Overpass
Contractual Service Agreement
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT
WITH MNS ENGINEERS, INC. FOR CONSTRUCTION

MANAGEMENT SERVICES FOR CENTRAL AVENUE
OVERPASS, PROJECT 1014, AND APPROVING AN
AMENDMENT OF THE 2022-2024 BIENNIAL BUDGET AND
CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2024.

WHEREAS, the Public Works Department issued a Request for Proposals for construction management services for the Central Avenue Overpass Project, in accordance with the City’s Purchasing Rules and Regulations; and
WHEREAS, a total of four proposals were received for the Central Avenue Overpass Project; and
WHEREAS, all proposals received were evaluated by City staff based on the quality and completeness of submissions, experience with engagements of similar scope and complexity, satisfaction of previous clients, and proposed rate schedules; and WHEREAS, Alameda County Water District and Union Sanitary District staff participated in the review of all proposals received but the City retained sole discretion to make the final consultant selection; and
WHEREAS, based on staff’s evaluation, MNS Engineers, Inc. was determined to be the most qualified firm to provide the requested services for the Central Avenue Overpass Project.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute a Contractual Services Agreement, in a form approved by the City Attorney, with MNS Engineers, Inc. in an amount not to exceed $599,991 plus a 10% contingency of $60,009, totaling $660,000 for pre-construction construction management services for the Central Avenue Overpass, Project 1014.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment of the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 to allocate $660,000 of Transportation Impact Fees (Fund 622) to project 1014 as follows:

Account Description Amount
TO: 622.90.091.910.6221.CIP1014 Traffic Impact Fees $660,000

FR: 622.3000 Unappropriated Fund Balance $660,000
CSA 8/2019 ~ 1 ~

CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of , 2023 by and between the CITY OF NEWARK, a municipal corporation (“City”), and MNS Engineers, Inc., a California Corporation (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform the services generally including:
construction management services.

WHEREAS, in response to City’s request, Consultant submitted a Statement of Qualifications (hereinafter “SOQ”), a copy of which is on file at the office of the City Engineer and, after negotiations, Consultant agreed to perform the Services more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

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

NOW, THEREFORE, the Parties hereto agree as follows:

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

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

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

CSA 8/2019 ~ 2 ~

3. COMPENSATION.

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

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of five hundred ninety-nine thousand nine hundred ninety-one and No/100 Dollars ($599,991) plus a 10% contingency of sixty thousand nine and No/100 Dollars ($60,009), totaling six hundred sixty thousand and No/100 Dollars ($660,000) for a term of five (5) years unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount.

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

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

Invoices shall be sent to:

City of Newark
Attn: Finance Department
37101 Newark Blvd.

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

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

D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages CSA 8/2019 ~ 3 ~
to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).

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

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

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

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

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

In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or Subconsultants, CSA 8/2019 ~ 4 ~
Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

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

8. INFORMATION AND DOCUMENTATION.

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

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

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

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

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

CSA 8/2019 ~ 5 ~

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

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

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

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

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

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

A. Verification of Coverage.

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

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

CITY OF NEWARK
CSA 8/2019 ~ 6 ~
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

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

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

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

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

C. Minimum Limits of Insurance.

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

Consultant shall maintain limits no less than:

CSA 8/2019 ~ 7 ~

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

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

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

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

D. Deductibles and Self-Insured Retentions.

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

E. Claims Made Policies.

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

F. Wasting Policies.

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

G. Remedies.

In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which CSA 8/2019 ~ 8 ~
are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

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

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

3. Terminate this Agreement.

H. Acceptability of Insurers.

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

I. Other Insurance Provisions.

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

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

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

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

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

5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City Risk Manager for approval and shall not CSA 8/2019 ~ 9 ~
reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

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

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

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

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

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

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

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

CSA 8/2019 ~ 10 ~
In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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

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

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

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

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

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

18. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by Consultant.

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

CSA 8/2019 ~ 11 ~
Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3.

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

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

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

MNS Engineers, Inc. CITY OF NEWARK
Greg Chelini PUBLIC WORKS DIRECTOR
Vice President Administrator
Address: MNS Engineers, Inc.
201 N. Calle Cesar Chavez,
Suite 300
Santa Barbara, CA 93101
City of Newark
Attn: Public Works Director
37101 Newark Boulevard
Newark, CA 94560

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

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

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

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

CSA 8/2019 ~ 12 ~

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

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

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

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

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

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

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

CSA 8/2019 ~ 13 ~
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK, MNS Engineers, Inc.
a municipal corporation a California Corporation
By By
David Benoun, City Manager
Date Date
Greg Chelini
Printed Name
Attest:

Sheila Harrington, City Clerk
Date
Approved as to form:

Kris Kokotaylo, City Attorney
Date
CSA 8/2019 ~ 14 ~

EXHIBIT A

SCOPE OF SERVICES
SECTION 1. PROJECT APPROACH AND UNDERSTANDING 9
and maintained schedule is a critical management
tool—the key to a successfully implemented schedule is
the development of an accurate, detailed, and realistic baseline schedule. We will review the contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties will be examined for accuracy
and constructability. Our CM/RE, James Wilcenski, PE,
and Scheduler, Said Najafi, have extensive experience
with reviewing schedules for similar projects, evaluating time impact analyses for changes, and developing
alternatives to improve upon the current schedule. The
contractor’s actual progress will be documented on a
daily basis. The MNS team will review the progress with the contractor at the weekly meetings. The contractor’s three-week-look-ahead schedule will be compared
with the work plan on the baseline schedule to ensure
the contractor continues to use the record schedule as
a management tool. We will check the record schedule
for activities with start dates not beginning during the review period. This proactive approach flags potential
delays and associated cost issues for further discussion.

This proactive approach is effective in mitigating both cost and schedule creep on the project.

Scope of Services
MNS has tailored a scope of work to provide
comprehensive construction management services
to meet the City’s scope of work requirements for the
Project. Our comprehensive and hands-on approach
to construction management delivers consistent,
effective results and quality construction completion.

The technical approach provided herein has been
successfully utilized by MNS on similar projects and can be further tailored to meet the City’s needs as well as ensure compliance with the funding requirements.
• Pre-Construction Services
• Construction Services
• Post-Construction Services
TASK 1 Pre-Cconstruction Services
Task 1 .1 Project Review/Kick-off Meeting
Prior to construction, MNS will obtain comprehensive
knowledge and an understanding of the project
documents and information surrounding the project.

The construction management team will familiarize
themselves with the project and site prior to construction and thoroughly review the project documents (e.g.
plans, specifications, utility agreements, permits, soils reports, etc.) to understand the project and the various limitations that may apply. Our approach begins with
a kick-off meeting with the City’s Project Manager to
share the intent of the plans and specifications; design constraints; and features requiring special attention
such as utility coordination. We will be available to
attend Project Development Team meetings prior to
bidding to discuss design features and constraints. We
will also establish a clear protocol to be used throughout the project such as roles and responsibilities, lines of communication, and levels of authorization; procedures
for progress payments, CCOs, RFIs, and notifications;
environmental permits; and public information and
awareness program. In addition, the MNS team will
establish contact with all utility companies involved in the Project for coordination efforts during construction.

Task 1 .2 Constructability Review
As one of the first orders of work, MNS will perform a
constructability review of 90% plans and specifications.

We will begin our review by gathering and analyzing all relevant project information including environmental
documents, permit agreements with other agencies,
temporary construction easement agreements, and
any other available information. We will then perform
a thorough site investigation to confirm all existing
conditions and utilities are properly reflected in the
contract documents and identify potential conflicts not shown on the plans. Upon request, we will perform an
independent construction cost estimate of major items.

During the constructability review, we will look to identify potential coordination issues, missing details, and
potential constraints or conflicts. A field reconnaissance will be conducted to determine actual site conditions
and their consistency with the plans, specifications,
and contract documents. Upon completion, the MNS
CM/RE, James Wilcenski, PE, will prepare and submit
a Risk Assessment (constructability) report to the
SECTION 1. PROJECT APPROACH AND UNDERSTANDING 10
City Project Manager that outlines comments and
recommendations. MNS will utilize a constructability
review checklist as a guide in reviewing project
documents.

Task 1 .3 Utility Stakeholder Coordination
MNS will reach out to the affected utility companies,
specifically PG&E, AT&T, ACWD, and USD to ensure that
they are scheduled and up to date with their designs
and relocations. We will coordinate with the various
companies to determine any lead times and verify
working windows so these can be incorporated into
the Special Provisions. We will also contact UPRR to
ensure the required permits, agreements, and insurance
documents are in place; and confirm the flagging and
submittal review protocols.

Task 1 .4 Preliminary Schedule
MNS has already developed a preliminary construction
schedule for the Project showing anticipated staging
timelines for completing the work including the utility relocations. We will update the schedule and review
it against the allotted working days to determine
a realistic, but efficient schedule. We will use this
preliminary schedule as a basis for reviewing the
contractor’s submitted baseline schedule.

Task 1 .5 Public Outreach Plan
MNS and VSCE will work with the City to develop a
Public Outreach Plan. The Outreach Strategy will
include details on outreach management, stakeholder
database, project webpage, and email communications,
communication collateral, media relations, and
community meetings. Key stakeholders will include the
traveling public, businesses, and residents.

Task 1 .6 Pre-Bid Conference and Bid Support
MNS will assist with the pre-bid conference and
coordinate the response to all contractor inquiries
during the pre-bid phase. Services include:
• Assist the City with the final review of pre-bid Package • Establishing document control for the bidding process • Production and distribution of the bid documents if
requested by the City
• Assisting the City with the collection and distribution of bidders’ questions
• Assisting the City with pre-qualification of potential contractors if required and requested by the City
– Assist the City with the final review of pre-bid
Package
– Establishing document control for the bidding
process
– Production and distribution of the bid documents if
requested by the City
– Assisting the City with the collection and distribution of bidders’ questions
– Assisting the City with pre-qualification of potential contractors if required and requested by the City
Task 1 .7 Project Setup
MNS will develop project administration, documentation, and filing systems using C-MIS, a cloud-based
construction management system. This system is
consistent with the Caltrans LAPM, conforms to the
parameters established in the kick-off meeting, and is
tailored to meet the City’s needs. At this time, MNS will develop a list of anticipated submittals with milestones required by the contractor. We will also contact the
project stakeholders such as property owners, and
the various utility companies to establish a working
relationship and expectations throughout the project.

Task 1 .8 Pre-Construction Jobsite
Documentation
MNS will perform a detailed pre-construction photo
and video survey to document the existing condition of
the site for items to remain after the improvements are completed.

MNS also has the capability to perform a detailed preconstruction photo and video survey utilizing a drone if desired by the City.

Task 1 .9 Pre-Construction Meeting
MNS will coordinate a pre-construction meeting to discuss the hierarchy of both the construction management
team and the contractor and to establish the protocol
used throughout the project. The following parties will be invited: selected contractors, City staff, utility companies, and others involved with the project such as UPRR and
affected property owners. The meeting will highlight
CSA 8/2019 ~ 15 ~

EXHIBIT B

RATE SCHEDULES
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Utility (PG&E & AT&T) Relocation Construction Contract Bid (60 days Adv)/Evaluate & Award (60 days)/NTP SuPre-ConstructionMain Central Avenue Construction ContractProject CloseoutConstructability ReviewFiber Optic relocation Pre-Construction pport
Role Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Construction Manager/Constructability 8 4 12 46 10 10 10 10 10 30 10 10 10 10 10 10 10 220 325.00 338.00 351.52 365.58 72,150.00$ Resident Engineer/Constructability 16 8 28 48 12 12 12 12 12 42 12 12 12 12 12 12 12 286 295.00 306.80 319.07 331.83 85,078.00$ Structures Representative/Constructability 40 30 70 285.00 296.40 308.26 320.59 19,950.00$ Inspector/Utilities & RR Coordinator 4 2 26 10 10 12 12 76 200.00 208.00 216.32 224.97 15,392.00$ Inspector 0 200.00 208.00 216.32 224.97 -$
Office Engineer 10 10 20 170.00 176.80 183.87 191.23 3,536.00$ Scheduler/Estimator/Constructability 2 1 9 42 20 10 84 285.00 296.40 308.26 320.59 24,054.00$ Inspector Utilities (See Discretionary Cost) 0 200.00 208.00 216.32 224.97 -$ Construction Staking QA 0 200.00 208.00 216.32 224.97 -$ Inspector (Electrical/Traffic Signal) 8 8 16 200.00 208.00 216.32 224.97 3,200.00$ 0 30 15 75 194 22 22 0 22 22 22 140 22 22 22 22 22 54 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 772 223,360.00$ Construction Manager/Constructability 60 325.00 338.00 351.52 365.58 -$ Resident Engineer/Constructability 40 40 40 40 40 40 40 40 40 40 40 40 40 520 295.00 306.80 319.07 331.83 154,816.00$ Structures Representative/Constructability 0 285.00 296.40 308.26 320.59 -$ Inspector/Utilities & RR Coordinator 40 40 40 40 40 40 40 40 40 40 40 40 40 520 200.00 208.00 216.32 224.97 104,960.00$ Inspector 0 200.00 208.00 216.32 224.97 -$
Office Engineer 10 10 10 10 10 12 10 12 10 12 10 10 10 136 170.00 176.80 183.87 191.23 23,324.00$ Scheduler/Estimator/Constructability 5 5 5 5 8 5 13 5 5 5 5 5 5 136 285.00 296.40 308.26 320.59 21,831.00$ Inspector Utilities (See Discretionary Cost) 0 200.00 208.00 216.32 224.97 -$ Construction Staking QA 0 200.00 208.00 216.32 224.97 -$ Inspector (Electrical/Traffic Signal) 0 200.00 208.00 216.32 224.97 -$ 0 0 0 95 95 95 95 0 98 97 103 97 95 97 95 95 95 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1372 304,931.00$ Principal-In-Charge 0 325.00 338.00 351.52 365.58 -$
Resident Engineer/Constructability 0 295.00 306.80 319.07 331.83 -$ Structures Representative/Constructability 0 285.00 296.40 308.26 320.59 -$ Inspector/Utilities & RR Coordinator 0 200.00 208.00 216.32 224.97 -$ Inspector 0 200.00 208.00 216.32 224.97 -$
Office Engineer 0 170.00 176.80 183.87 191.23 -$
Scheduler/Estimator/Constructability 0 285.00 296.40 308.26 320.59 -$ Inspector (Electrical/Traffic Signal) 0 200.00 208.00 216.32 224.97 -$ 0 30 15 170 289 117 117 0 120 119 125 237 117 119 117 117 117 54 44 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2144 528,291.00$ Total Labor 528,291.00
-$
5,000.00$ 5,000.00$
Materials Testing 10,000.00$ Public Outreach Phase I 47,700.00$ Biological Monitoring(Optional) 9,000.00$ Source Inspection -$ 66,700.00$
Sub Consultant/Direct Expense Mark-Up Sub Consultant/Direct Expense Mark-Up Sub Consultant/Direct Expense Mark-Up Sub Consultant/Direct Expense Mark-Up -$ 599,991.00$

8. Field office not included as it will be provided by the CityNotes:

Construction "assume 2 yrs" (shown for schedule only, no cost Closeout (shown for schedule only, no cost provided at this time) VSCE
Patrick McCardPatrick McCard
Said Najafi
Actual Costs
Said Najafi
Steve Richie
James Wilcenski, PE
Fred Tice, PLS
Tom Loomis, PE
Mike Chanl, PE
2026

6. Lodging and meal allowance are based on the current GSA per deim rates.7. Subconsultants and Direct Costs will be billed at cost plus 10% Markup Fernando Tomas, EIT
Nathan Norwood, CPII

PROJECT TOTAL

CONSTRUCTION MANAGEMENT SUBTOTAL
James Wilcenski, PE
LodgingDirect ExpensesTOTAL
CEL

SUB CONSULTANTS SUBTOTAL
0 days @ $189/day
Equipment Rental, overnight mailing costs, CIDH Pile testing, and Supplies2. Construction Management hours for the utility relocation phase are based on the information provided by City in email dated 11/28/23 on assumptions for Phase 1. 4. The above estimate doesn't include any OT hours. How3. Prevailing Wage rates subject to PW adjustments. ever, should OT hours be required due to contractor's schedule, non-exempt employees are subject to OT regulations (Time and half & double time).

CEL
Marie DunneMarie Dunne
Said Najafi
Steve Richie

5. No consideration for delays due to weather, CCO, R/W, and delay to start and completion of utility relocations.

Nathan Norwood, CPII
James Wilcenski, PE

CONSTRUCTION

PRE-CONSTRUCTION SUBTOTAL
Fernando Tomas, EIT

PROJECT CLOSEOUT SUBTOTAL

DIRECT EXPENSES SUB-TOTAL
Mike Chanl, PE

PROJECT CLOSEOUT
Nathan Norwood, CPII
Tom Loomis, PE
Monk & Associates
Constructability Review (cost estimate, schedule, etc.) (Optional)

1. Monthly hours for construction inspectors are based upon eight-hour working days times the number of working days that month, with no overtime (OT).

Patrick McCard
Marie Dunne
2025 2027
2027
HOURLY
RATE
Tom Loomis, PE
Mike Chanl, PE
Fernando Tomas, EIT
HOURS
TOTAL 20242023

PRE-CONSTRUCTION
2024
HOURLY
RATE
2025
HOURLY
RATE
2026
HOURLY
RATE
Fred Tice, PLS
Construction (CM Oversight Services assumes 9 months & 2 months Constructability Review (90% & 100% cost estimate, closeout) schedule, etc.)
2025 2027
Project Closeout
Construction Management Services for
Central Avenue Grade Separation Project
City of Newark Phase 1

TOTAL COST
Project Schedule
2026
PHASE
20242023
Staff
PHASE
Construction (CM Oversight Services assumes 4 months & 2 month closeout) CSA 8/2019 ~ 16 ~

EXHIBIT C

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

HOURS OF WORK:

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

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

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

WAGES:

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

B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage CSA 8/2019 ~ 17 ~
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

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

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

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

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

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

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

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

CSA 8/2019 ~ 18 ~
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

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

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

Item D. 5.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Michelle Griese, Lieutenant
SUBJECT Adopt a resolution to approve an agreement with Forensic Logic LLC, a SoundThinking Company for CrimeTracer software, and approve an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024
SUMMARY AND RECOMMENDATION
The City of Newark Police Department remains devoted to its commitment to providing our community with exceptional and contemporary investigative services through the utilization of criminal intelligence software. One such system is CrimeTracer, formerly named Coplink. CrimeTracer, a cutting-edge solution, has been integrated seamlessly into investigative processes. Its capabilities transcend conventional methods, offering a suite of tools and features designed to empower the police investigative team and patrol team in their pursuit of solving crime. By harnessing the power of CrimeTracer, the City of Newark Police Department is equipped to conduct thorough and precise analysis, ultimately bolstering the ability to respond effectively to emerging challenges. This platform facilitates personnel in the seamless and efficient execution of their duties, demonstrating a steadfast commitment to the relentless and thorough investigation of criminal matters. Since implementing this platform just three years ago, the Police Department has seen the resolution of many significant cases.

Staff recommends that the City Council increase the Police Department's general contractual services budget for Fiscal Year 2024 by $18,031 to renew the annual agreement with Forensic Logic, LLC, a SoundThinking Company for CrimeTracer criminal intelligence software.

BACKGROUND
Coplink (now CrimeTracer) is a web-based criminal intelligence software system that aggregates law enforcement documents and structured data and provides analytics, mapping, and alerting functions. It is a robust law enforcement search engine and information platform. It empowers law enforcement professionals to conduct searches across agencies throughout the United States using natural language and traditional search terms. This tool grants instant access to vital information, allowing for a judicious balance between crime reduction efforts, community engagement, and personal safety.

In 2019, Coplink was acquired by the City of Newark using state funding earmarked for strategies to reduce vehicular burglaries. California Assemblymember Kansen Chu successfully secured $3.7 million in surplus funds from the state, which were allocated evenly among Fremont, Milpitas, Newark, San Jose, and Santa Clara. Newark was particularly fortunate to receive $750,000 as part of the grant funding from the Budget Act of 2019 to assist law enforcement agencies with the escalating vehicular burglaries affecting various Bay Area communities. These funds were designated for public awareness initiatives, business outreach efforts, officer overtime, and for technology solutions and equipment aimed at deterring theft. Technology implemented by the City of Newark Police Department included, automated license plate reader cameras, Peregrine Solutions software, and Coplink.

Often, suspects associated with burglary, larceny, and motor vehicle theft travel throughout multiple cities and counties committing crimes. When similar crimes occur within the City of Newark, investigators can utilize Coplink to conduct searches using suspect information. The search conducted within Coplink compares the search criteria to crime and case data accumulated by other law enforcement agencies. Based on the results of the Coplink data search, investigators develop investigative leads.

Within the City of Newark, the crimes of burglary, larceny, and motor vehicle theft continue to increase. The chart below provides crime data from the 2023 Annual Report.

With the increase in property crime trends, it is important that the City of Newark Police Department personnel continue to have access to Coplink as a tool to investigate cases, locate and apprehend suspects, and deter crime.

DISCUSSION/ANALYSIS
In 2023, Coplink’s name was changed to CrimeTracer while the company that owned CrimeTracer changed its name from ShotSpotter to Forensic Logic LLC, a SoundThinking company. The City of Newark Police Department’s ongoing collaboration with CrimeTracer includes comprehensive support and training, guaranteeing our team's proficiency in utilizing the platform's full potential. All investigative and patrol teams have received training regarding the functions of the system. With the inception of CrimeTracer as an investigative resource and tool, the Newark Police Department investigators have been able to successfully conclude numerous investigations which would have likely gone unsolved without CrimeTracer’s capabilities.

One of many cases in which Coplink was used to successfully resolve multi-jurisdictional crimes, was a series investigated within the first year of Coplink’s implementation. Newark Police Department detectives investigated an armed robbery series at convenience stores that occurred in Alameda, San Mateo, and Santa Clara counties. The suspects wore gloves and completely covered their faces to avoid identification by traditional fingerprint or surveillance recording methods. Detectives utilized Coplink to search for information related to a possible vehicle used in the Newark robberies. The Coplink search revealed three individuals tied to an address in San Jose who were involved in robberies in San Jose. This discovery was critical to the case and enabled detectives to locate the vehicle used to facilitate the Newark robberies and to identify the involved suspects. The suspects were eventually charged by the Alameda County District Attorney’s Office.

In December 2022, our City unfortunately experienced the tragic murder of one of our residents, an event that reverberated deeply through our community. With the deployment of CrimeTracer, the investigators assigned to this case swiftly identified the perpetrator within a few hours of the incident's reporting, potentially preventing more harm to our community. This remarkable efficiency serves as a testament to the indispensable role that CrimeTracer plays in increasing the safety and security of our community.

With increased criminal sophistication, providing personnel with the most advanced and innovative investigative tools available supports a commitment to employee recruitment and retention as well as improves the efficiency of our current staff.

Investigative tools such as CrimeTracer, along with many other technology initiatives, have proven to be a valuable resource to empower employees to do their jobs effectively. Being able to bring investigations to resolution for crime victims promotes a sense of pride in the organization and employee satisfaction.

FISCAL IMPACT
The criminal intelligence software CrimeTracer’s annual cost is $18,031 and requires additional funding of $18,031 for Fiscal Year 2024. Staff recommends that the City Council approve a budget amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024, increasing the Police Department general contractual services by $18,031. Further fiscal years funding will be requested during the regular budget process to develop the 2024-2026 Biennial Budget and Capital Improvement Plan and cannot be expended without City Council approval of the budget. This selected vendor is the only supplier of this proprietary item.

REVIEW AND APPROVAL
Prepared by - Michelle Griese, Police Lieutenant
Reviewed by - Gina Anderson, Chief of Police
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
ForensicLogic Resolution
Forensic Logic, LLC, a SoundThinking Company quote number 18472 RESOLUTION NO. XXXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AN AGREEMENT WITH FORENSIC

LOGIC, LLC, A SOUNDTHINKING COMPANY FOR THE
CRIMETRACER CRIMINAL INTELLIGENCE APPLICATION;
AND APPROVING AN AMENDMENT OF THE 2022-2024

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN
FOR FISCAL YEAR 2024
WHEREAS, the City of Newark has been committed to providing the community with exceptional, state-of-the-art, and contemporary investigative services; and WHEREAS, the police department is seeking City Council authorization for the City Manager to negotiate and execute an Agreement between the City of Newark and Forensic Logic, LLC, a SoundThinking Company, for the purchase of a one-year subscription software license for CrimeTracer which includes software service, warranty, maintenance support, and training programs; and
WHEREAS, Forensic Logic, LLC, a SoundThinking Company is the sole developer and provider of CrimeTracer criminal intelligence technology specifically for law enforcement provides a portal for police department members to investigate critical cases; and WHEREAS, pursuant to the Newark Municipal Code Section 3.04.080(B)(1), the purchase of CrimeTracer is exempt from competitive bidding as the City's requirements can be met solely by a single patented article or process or provider.

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

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute an agreement, in a form approved by the City Attorney, with Forensic Logic, LLC, a SoundThinking Company, in the not-to-exceed amount of $18,031 annually for the procurement of criminal intelligence technology specifically for law enforcement provides a portal for police department members to investigate critical cases.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves a total appropriation of $18,031 for the purchase of criminal intelligence technology from Forensic Logic, LLC, a SoundThinking Company, for one year which will be funded by the unappropriated fund balance:

From: Description Account Amount
Unappropriated Fund Balance 110.3000 $18,031
To: Description Account Amount
Software/Licenses/Subscriptions 110.30.030.300.6150 $18,031 Resolution No. XXXXX 2
BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to take all actions necessary to effectuate the intent of this Resolution.

Forensic Logic, LLC, a SoundThinking Company DATE 11/17/2023 39300 Civic Center Dr., Suite 300 Quote # 18472
Fremont, CA 94538-2337 Customer ID Newark, CA
Quote For: Quote For: Quote valid until: 1/1/2024
Lt. Michelle Griese Newark Police Department Prepared by: N Drake [email protected] 37101 Newark Boulevard
(510) 578-4986 Newark, CA 94560
Comments or Special Instructions:

Nancy Drake Net 30
QUANTITY PRICE TAXABLE? AMOUNT
1 $18,031 $18,031
SUBTOTAL $18,031

TAX RATE
SALES TAX $0
OTHER $0
TOTAL $18,031
A Renewal Order Form will be issued for signature no later than 30 days prior to the expiration date.

An invoice will be issued once we receive the signed Renewal Order Form and a PO (if applicable).

If you have any questions concerning this quote, please contact Nancy Drake - Account Manager at 520.437.3823 or [email protected] Quote
*CrimeTracer is offered by Forensic Logic, LLC, a wholly owned subsidiary of SoundThinking, Inc.

Renewal of CrimeTracer* (formerly Coplink X) Annual Subscription Services for an additional one-year term (July 1, 2023 through June 30, 2024).

Annual CrimeTracer Subscription Services
for 07/01/2023 through 06/30/2024.

DESCRIPTION
SALES DIRECTOR: TERMS:

Item D. 6.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a resolution approving the Second Amendment to the Contractual Services Agreement with ClientFirst Consulting Group, LLC for technology consulting services
SUMMARY AND RECOMMENDATION
ClientFirst Technology Consulting provides information technology services and advisory expertise to the City. The existing Contractual Services Agreement (CSA) is almost fulfilled, and additional funds are needed to extend their services. Staff recommends that the City Council, by resolution, approve the Second Amendment to the CSA with ClientFirst Technology Consulting Group, LLC, to complete in-progress projects and provide additional services.

BACKGROUND
The City has relied on professional consultants to provide services and experience that City staff are unable to provide, such as technical information technology (IT) services.

In April 2022, the City entered into a Contractual Services Agreement (CSA) with ClientFirst Technology Consulting, LLC (CTC) in the amount of $49,470 to provide temporary professional information technology services in order to continue meeting the IT needs of the City. Because of CTC's above satisfactory performance and the City's continued need, in October 2022, the CSA was amended to increase the not-to-exceed compensation to $129,150 to continue and expand the scope of services. Work completed to date includes technical expertise on a variety of projects, such as implementation of Microsoft 365, and initial work on a Technology Master Plan, including hardware and software inventories, staff interviews and resource assessments. While working through the Plan, other important projects surfaced that require assistance. Based on continued above satisfactory performance and familiarity with our systems, CTC is the most cost-effective choice to complete the Technology Master Plan and other identified IT projects requiring technical assistance.

DISCUSSION/ANALYSIS
CTC has made significant progress on developing the City's first Technology Master CTC has made significant progress on developing the City's first Technology Master Plan (Plan). To ensure the Plan is a valuable comprehensive planning document for the City's technical needs, additional work such as completion of assessments and departmental committee workshops are required. In addition to Plan completion, three major projects are in progress in which CTC can provide expertise and supplement staff resources. These projects include preparing bid packages in order to release Requests for Proposals for a citywide telecommunications system, telecommunications carrier, and building security camera and building access management system. The bid packages require extensive design work, specialized knowledge, and/or personnel resources beyond staff capacity. After completion of the proposal process, project management services are also needed during implementation of the telecommunications projects. Based on the strategic and technical assistance CTC has provided to date, CTC can provide the customer service, expertise, and quality work product required to complete the Plan and bid packages.

FISCAL IMPACT
The amount required for the scope of services included in the second amendment is $162,385. This would increase the CSA total not-to-exceed amount to $291,535. An amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan appropriating $162,385 from unappropriated fund balance for Fiscal Year 2024 is needed. To enable flexibility and for continuity in the progress of the Technology Master Plan, staff recommends approval for carrying forward any used appropriations until completion of performance of services under the terms of the CSA.

REVIEW AND APPROVAL
Prepared by - Edwin Miranda, CIO / IT 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
877_Resolution_ClientFirst_Consulting_Services_Revised.

ClientFirst - C22012 Second Amendment
ClientFirst - C22012 Second Amendment Exhibit A
ClientFirst Agreement - CC22012
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 2 TO THE

CONTRACTUAL SERVICES AGREEMENT WITH

CLIENTFIRST CONSULTING GROUP, LLC TO PROVIDE

PROFESSIONAL INFORMATION TECHNOLOGY SERVICES
AND AMENDING THE 2022-2024 BIENNIAL BUDGET AND
CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2024
WHEREAS, on April 22, 2022 the City executed Contractual Services Agreement No.

C22012 (the “Agreement”) with ClientFirst Consulting Group, LLC (the “Consultant”) to provide professional information technology services; and WHEREAS, on October 7, 2022 the Parties amended the Agreement to increase the notto-exceed compensation to One Hundred Twenty-Nine Thousand One Hundred Fifty Dollars ($129,150) for additional services; and
WHEREAS, pursuant to Section 18 of the Agreement entitled, “Term/Termination” the City elects to extend the Agreement until the completion of performance of services hereunder by the Consultant; and;
WHEREAS, the City finds that the amended scope of services described in the Agreement continue to be necessary and desires to amend the Agreement to increase the not-toexceed amount to fund the existing scope of services and additional project services.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute the second amendment to the Contractual Services Agreement with ClientFirst Consulting Group, LLC, in a form approved by the City Attorney, to provide technical information technology services assistance and to increase the notto-exceed amount of the Agreement, as amended by the Second Amendment, by $162,385 for a total not-to-exceed amount of $291,535.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, including any necessary revisions to the scope of work for the Agreement, in a form approved by the City Attorney, that are within the total notto-exceed amount of $291,535.

BE IT FURTHER RESOLVED that the City Council does hereby authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan appropriating $162,385 as follows:

TO: 110.21.021.200.6220 PROFESSIONAL SERVICES $162,385
FR: 110.3000 UNAPPROPRIATED FUND BALANCE $162,385

SECOND AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND

CLIENTFIRST CONSULTING GROUP, LLC

FOR CONSULTING SERVICES
This Second Amendment to the Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and ClientFirst Consulting Group, LLC, dba ClientFirst Technology Consulting, ("Consultant"), (together referred to as the “Parties”) as of April 22, 2022.

RECITALS
WHEREAS, the Parties executed Contractual Services Agreement No. C22012 (the "Agreement") and First Amendment to the Contractual Services Agreement to perform the services generally including: information technology management and advisory expertise; and WHEREAS, Section 27, Modification, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to extend and amend the Agreement effective December 14, 2023; and
WHEREAS, the Parties desire to amend Exhibit A to include additional technology consulting services; and
WHEREAS, the Agreement provides a not to exceed compensation of One Hundred TwentyNine Thousand One Hundred Fifty Dollars ($129,150.00); and WHEREAS, the total cost of the additional services are not-to-exceed One Hundred Sixty-Two Thousand Three Hundred Eighty-Five Dollars ($162,385.00).

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3. "Not to Exceed" Compensation, of the Agreement is amended to increase the combined total of compensation and costs payable under the Agreement by One Hundred Sixty-Two Thousand Three Hundred Eighty-Five Dollars ($162,385.00) from One Hundred Twenty-Nine Thousand One Hundred Fifty Dollars ($129,150.00) to Two Hundred Ninety-One Thousand Five Hundred ThirtyFive Dollars ($291,535.00).

2. Exhibit A, Services is amended to include additional Technology Consulting Services as described in the Scope and Approach and Fee Summary attached hereto and incorporated herein by reference.

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

CITY OF NEWARK ClientFirst Technology Consulting

DAVID BENOUN DAVID KROUT

CITY MANAGER
ATTEST:

SHEILA HARRINGTON, CITY CLERK
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY

Item D. 7.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT Adopt a resolution approving Amendment No. 2 to the Contractual Services Agreement with West Coast Arborists, Inc. for tree maintenance services
SUMMARY AND RECOMMENDATION
The City of Newark and West Coast Arborists, Inc. (WCA), are parties to a Contractual Services Agreement (Agreement) for ongoing tree maintenance services. An increase to the Agreement of $1,630,000 is necessary to reflect the amount budgeted for current services; to complete an increased scope of work in Fiscal Year 2024 including planting additional trees, raising canopies, additional park maintenance; and to secure additional services for the upcoming storm season. Staff recommends that the City Council approve an amendment to the Agreement to increase the total not-to-exceed amount to $2,840,000. There are no necessary budget amendments as the City Council has previously authorized all funding under the contract.

BACKGROUND
In April 2019, the City awarded a Contractual Services Agreement (Agreement) to West Coast Arborists, Inc. (WCA) for tree maintenance services with an initial not-to-exceed amount of $955,000. This not-to-exceed amount was based on anticipated funds from the Capital Improvement Plan (CIP), the Maintenance Division's Operating Budget for Contractual Services in the 2018-2020 Biennial Budget, and remaining funds from prior CIP projects. The term of the Agreement was for an initial 15-month period with the option to extend the service agreement for four (4) additional 12-month periods. The Agreement was extended, and in June 2023, City Council approved Amendment No. 1 to increase the not-to-exceed amount by $675,000 to a total of $1,630,000. This action also included a budget amendment of only $175,000 for increased services, as $500,000 was already available within budget.

Through the first four years of the Agreement, WCA has provided satisfactory tree maintenance services to four Tree Pruning Areas throughout the City, performed visual assessments in four additional Tree Pruning Areas, and has provided a significant amount of emergency tree services during storm events and non-business hours. From June 2023 to present, the Maintenance Division of Public Works has also completed several projects with the assistance of WCA services.

DISCUSSION/ANALYSIS
A second amendment to the Agreement with WCA is necessary to complete (1) remaining work in the Agreement that received funding approval from City Council, but has not yet been added to the Agreement amount; (2) additional anticipated emergency tree maintenance services in the upcoming storm season due to more recent weather predictions and (3) outstanding projects such as park and street tree pruning, removal of additional trees that failed during the last storm season, and the planting of over 250 trees. These services are estimated to cost $1,210,000, which would increase the Agreement not-to-exceed amount to $2,840,000.

FISCAL IMPACT
There is no fiscal impact associated with this action. The adjustment to the total not-to-exceed amount under the Agreement does not require additional funding, as City Council previously approved the required funding sources: the Landscape-Parks operating budget, Landscaping and Lighting District funds, gas tax revenue, and approved Capital Improvement Plan projects.

REVIEW AND APPROVAL
Prepared by - Tonya Connolly, Maintenance Superintendent Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Amendment No. 2 WCA
CSA and First Amendment for WCA
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 2 TO THE

CONTRACTUAL SERVICES AGREEMENT WITH WEST
COAST ARBORISTS, INC. FOR TREE MAINTENANCE

SERVICES
WHEREAS, the City of Newark awarded a Contractual Services Agreement (“Agreement”) to West Coast Arborists, Inc. for tree maintenance services in April 2019; and WHEREAS, pursuant to Section 18 of the Agreement entitled, “Term/Termination” the City elected to extend the Agreement for an additional one (1) year term from July 1, 2023 through June 30, 2024 with a not-to-exceed amount of $955,000; and WHEREAS, Amendment No. 1 to the Agreement dated June 14, 2023, increased the notto-exceed amount to $1,630,000.

WHEREAS, staff has identified a need to amend the Agreement to increase the not-to exceed amount to $2,840,000 to align with budgeted expenditures to date and the anticipated remaining scope of services in Fiscal Year 2024.

NOW THEREFORE, BE IT RESOLVED that the City Council does hereby approve Amendment No. 2 to the Contractual Services Agreements with West Coast Arborists, Inc., to increase the not-to- exceed amount of the Contractual Services Agreement to $2,840,000, with any written task orders approved by the Public Works Director based on previously approved budgetary sources.

BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the above Contractual Services Agreement amendment, on file with the City Clerk, in a form approved by the City Attorney.
1 SECOND AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND
WEST COAST ARBORISTS, INC.

This Second Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and West Coast Arborists, a California corporation ("Consultant") (sometimes referred to as "Parties") dated April 12, 2019 (the “Agreement”), is entered into as of , 2023 for ongoing tree maintenance services at City parks, streets, and other City-owned property.

RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of having Consultant perform ongoing tree maintenance services at City parks, streets, and other City-owned property; and
WHEREAS, Section 25, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Agreement was initially for one fifteen-month term and the City has the option to extend the Agreement for up to four additional fiscal years; and WHEREAS, the Parties agreed to Amendment No. 1 dated June 14, 2023, to increase the original not-to-exceed amount of the Agreement from $955,000 to $1,630,000; and WHEREAS, a second amendment is to a not-to-exceed total of $2,840,000 is necessary to align the total not-to-exceed amount in the Agreement with the total budgeted expenditures to date and the anticipated work to be completed in the remainder of Fiscal Year 2024; and WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the total not to exceed compensation by $1,210,000, for a total not to exceed amount of $2,840,000.

2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
2 CITY OF NEWARK WEST COAST ARBORISTS, INC.
_________________________________ By:

David J. Benoun
City Manager
Printed Name
Dated: ___________________________ Dated:

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

C19016
R11512

FIRST AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND
WEST COAST ARBORISTS, INC.

This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and West Coast Arborists, a California corporation ("Consultant") (sometimes referred to as "Parties") dated April 12, 2019 (the “Agreement”), is entered into as of , 2023 for ongoing tree maintenance servicesin City parks, streets, and other City-owned property.

RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of ongoing tree maintenance services in City parks, streets, and other City-owned property; and WHEREAS, Section 25, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Agreement was initially for one fifteen-month term and the City has the option to extend the Agreement for up to four additional fiscal years; and WHEREAS, the Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount; and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $675,000, for a total not to exceed amount of $1,630,000.

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

DocuSign Envelope ID: 99DC8919-3435-490D-8F84-8BE0C221B572 June 14,
2 CITY OF NEWARK WEST COAST ARBORISTS, INC.
_________________________________ By:

Lenka Hovorka Victor Gonzalez,
Acting City Manager VP Business Development
Dated: ___________________________ Dated:

Attest:
__________________________________
Sheila Harrington
City Clerk
Approved as to Form:
__________________________________
Kristopher J. Kokotaylo
City Attorney
DocuSign Envelope ID: 99DC8919-3435-490D-8F84-8BE0C221B572 6/14/2023 6/14/2023
Item D. 8.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt a resolution approving a side letter agreement to the Memorandum of Understanding between the City of Newark and the Newark Police Management Association to provide for compensation to Police Lieutenants for certain overtime work associated with the Selective Traffic Enforcement Program grant SUMMARY AND RECOMMENDATION
City Council approval of certain overtime for Police Lieutenants has expired and renewal will allow the City to fulfill grant requirements that promote a safer vehicle and pedestrian environment. Staff recommends that the City Council, by resolution, approve a side letter agreement to the Memorandum of Understanding (MOU) between the City of Newark and the Newark Police Management Association (NPMA) to provide for compensation to Police Lieutenants for certain overtime work associated with the Selective Traffic Enforcement Program grant.

BACKGROUND
The Police Department was selected to receive a Selective Traffic Enforcement Program (STEP) grant through the California Office of Traffic Safety (OTS) in the amount of $68,000 to promote efforts related to reducing the number of injury crashes and promoting a safer vehicle and pedestrian environment. The City Council approved acceptance of this grant on September 28, 2023. The grant period is from October 1, 2023 through September 30, 2024.

The grant requires that a certain number of enforcement activities occur during the time period of the grant. Due to the shortage of staffing in the police department, which is systematic to the wider region at this time, there may be the need to utilize other sworn staff to assist with staffing these activities. The City wishes to provide appropriate compensation for this work, which would be fully funded by the STEP grant.

To fulfill last year's STEP grant requirements, the City Council approved a side letter agreement to the Memorandum of Understanding (MOU) between the City of Newark and the Newark Police Management Association (NPMA) to provide for compensation to Police Lieutenants for certain overtime work associated with the Selective Traffic Enforcement Program grant.

DISCUSSION/ANALYSIS
Police Department staff have been planning and executing various activities required under the STEP grant agreement. However, due to systemic staffing issues across all police departments in the wider region, the staffing of these events may be difficult.

These events frequently require additional staff above the standard shift schedule and require staff to work overtime to meet the staffing requirements. If non-management sworn staff are not available to staff the required activities, it may be necessary to employ other sworn staff in these capacities.

The City has met and conferred with NPMA towards an agreement to utilize Police Lieutenants to staff STEP grant activities, only in the event that all eligible Police Sergeants, Police Officers, and other non-management eligible staff are not available.

Should the Police Chief determine that additional support is needed for STEP-related activities, the Police Chief may designate Police Lieutenants to perform this work. This work would be paid at time and one-half (1.5x) of the base pay rate for the top step of the Police Sergeant classification, to provide appropriate compensation commensurate with the work performed. Police Lieutenants will only be utilized as a last resort in order to meet the activity requirements of the STEP grant and after all work associated with the STEP grant has been first offered to eligible non-management staff.

FISCAL IMPACT
There is no fiscal impact to the City as all activities associated with the STEP grant program will be fully paid through available grant funds.

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
Attachments
Resolution - Police Lieutenant overtime
Side Letter Overtime
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A SIDE LETTER AGREEMENT WITH

THE NEWARK POLICE MANAGEMENT ASSOCIATION TO

PROVIDE FOR THE COMPENSATION OF POLICE

LIEUTENANT FOR CERTAIN OVERTIME WORK
ASSOCIATED WITH THE 2023-2024 SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM GRANT.

WHEREAS, the City received a Selective Traffic Enforcement Program (STEP) grant through the California Office of Traffic Safety (OTS) in the amount of $68,000 for a program term of October 1, 2023, through September 30, 2024; and WHEREAS, the City Council approved receipt of the grant on September 28, 2023; and WHEREAS, the STEP grant requires the City’s Police Department perform a variety of activities related to reducing the number of injury crashes and promoting a safer vehicle and pedestrian environment; and
WHEREAS, due to staff shortages and the temporary critical staffing schedule currently in place, it may be difficult to staff all required activities with available non-management sworn staff; and
WHEREAS, the City may wish to employ Police Lieutenants to assist with staffing some of the STEP grant required activities; and
WHEREAS, the City notified the Newark Police Association of this action and solicited feedback; and
WHEREAS, the City and the Newark Police Management Association are parties to a Memorandum of Understanding in effect between July 1, 2022, and June 30, 2025; and WHEREAS, the City has met and conferred with the Newark Police Management Association towards the compensation for overtime work performed by Police Lieutenants associated with the STEP grant; and
WHEREAS, should a Police Lieutenant perform work related to STEP grant activities, they will be compensated at time and one-half the top-step regular rate of the Police Sergeant classification.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council approves the Side Letter Agreement between the City of Newark and the Newark Police Management Association for compensation of overtime related to the Office of Traffic Safety STEP grant, attached hereto.

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 Management Association Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: December 5, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPMA) July 1, 2022- June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address potential staffing needs related to the Selected Traffic Enforcement Program grant received by the California Office of Traffic Safety, which the City Council approved receipt of at the September 28, 2023 Council Meeting.

The City and NPMA have met and conferred and agreed to the following amendments below related to provisions allowing Lieutenants to perform work and be compensated for work related to the grant.

The City and NPMA agree to the following amendments to the MOU with revisions in redline:

Section IV of MOU:

IV. COMPENSATION
B. OVERTIME PAY
The following provision only applies to activities funded with the grant(s) received by the Office of Traffic Safety (OTS), with a term of October 1, 2023, to September 30, 2024 (Contract Number PT24129).

In the event of a shortage of personnel to fulfill the specified OTS grant funded events and if flexible scheduling is not operationally practical, the Police Chief or designee may require employees who hold the rank of Lieutenant to perform work required by the OTS grant that is outside of their regular duties and outside of their regular schedule. Such work shall be compensated at time and one-half of the base pay rate for top step Sergeant and shall be designated as OTS overtime.

City of Newark – City Manager’s Office 2
For overtime compensation to apply, the event must deviate from normal Lieutenant duties and be an OT grant funded activity which is fully reimbursable through the OTS grant to the City. In no event will a Lieutenant perform more than 24 hours of work per month under this provision.

For employees to be eligible to participate in OTS grant funded events on overtime, the event must first be offered to all eligible personnel of the rank of Sergeant and Officer. When it is determined by the Police Chief or designee that there is inadequate staffing to accomplish the event, the overtime can at that point be required of Lieutenants at the Police Chief's discretion. In no way will this overtime agreement be used to supplant overtime opportunities for staff of the rank of Sergeant or Officer. The City makes no overtime guarantee for Lieutenants assigned to an applicable event, as flexible staffing is the preferred method of staffing events whenever practical. A member of the rank of Sergeant or Officer may replace a Lieutenant at any time up to the start of the event.

Dated: ___________________________
For the City of Newark: For the Newark Police Management Association:
________________________________ _____________________________________ David Benoun, City Manager Jonathan Arguello, President Item D. 9.

DATE 12/14/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Adopt a resolution to accept the Annual and Five-Year Mitigation Fee Report for fiscal year ended June 30, 2023, and approve findings for each development impact fee that the City of Newark imposes on development projects
SUMMARY AND RECOMMENDATION
Assembly Bill (AB) 1600 was passed and is codified as California Government Code Section 66000 through 66008 (Mitigation Fee Act). The Mitigation Fee Act is a state law that governs the imposition and use of development impact fees (DIFs) by local agencies in California. These fees are charges imposed by local governments on new development projects to help fund public infrastructure or services needed due to the development.

The Mitigation Fee Act requires a local agency to conduct an annual analysis and make findings every five years for each impact fee that the agency imposes on development projects and must be reviewed by the City Council within 180 days after the close of the fiscal year.

An Annual and Five-Year Mitigation Fee Report for the fiscal year ended June 30, 2023, was prepared by Revenue & Cost Specialists, LLC (RCS) for the City of Newark and covers activities for fiscal year 2018 through fiscal year 2023.

Staff recommends that the City Council accept the Annual and Five-Year Mitigation Fee Report for fiscal year ended June 30, 2023, and adopt a Resolution making findings for each impact fee that the City of Newark imposes on development projects as required by the Mitigation Fee Act.

BACKGROUND
In California, state legislation sets legal and procedural parameters for local agencies that charge development impact fees (DIFs) intended to mitigate the impact of new developments on public infrastructure, services, and the community. This legislation was passed as Assembly Bill (AB) 1600 and is now codified as California Government Code Section 66000 through 66008 (Mitigation Fee Act) and went into effect on January 1, 1989.

To ensure that DIFs are spent in a timely manner and for the purposes for which they were originally imposed, the Mitigation Fee Act requires local agencies to make certain findings annually and every five years.

Under the Mitigation Fee Act the City of Newark is required to publish an annual report on its development impact fee program that includes:
• A brief description of the type of fee in the account or fund. • The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of the fees collected, and the interest earned. • An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement.

The annual report must be reviewed by the City Council within 180 days after the close of the fiscal year.

The Mitigation Fee Act also requires a local agency to conduct an analysis and make findings every five years following the first deposit into the account, for each development impact fee that the agency imposes on development projects. The findings must:
•    Identify the purpose to which the fee is to be put; •    Demonstrate a reasonable relationship between the fee and purpose for which it is charged;
•    Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and
•    Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

Previously, the City’s DIFs were on two separate reporting timetables. As new fees are adopted, the complexity of complying with the Mitigation Fee Act’s reporting requirements will increase. Many agencies have opted to make the required five-year findings for all DIFs every year when the annual report is presented. This increases efficiency and public transparency. Consequently, commencing with the FY 2023 Report, the City Council resolution included the required five-year findings for all of the DIFs, and this format will be followed annually for all future DIFs reports.

To assist with this transition, the City engaged RCS to help prepare the Annual and Five-Year Mitigation Fee Report for the fiscal year ended June 30, 2023. The attached report covers activities between fiscal year 2018 through fiscal year 2023.

DISCUSSION/ANALYSIS
AB1600 Government Code Section 66006(b) states the following requirements as pertains to DIFs:

For each account or fund established under the Mitigation Fee Act, the following information is required to be reported annually within 180 days after the end of the fiscal year:
fiscal year:

A brief description of the type of fee in the account or fund.

Found in the overview and discussion section of the attached report for each fee.

1. The amount of the fee.

Found in the overview and discussion section of the attached report for each fee.

2. The beginning and ending balance of the account or fund.

Annual balances found in the Summary of Fund Revenues & Expenditures section of the attached report for each fee.

3. The amount of the fees collected, and the interest earned.

Annual balances found in the Summary of Fund Revenues & Expenditures section of the attached report for each fee.

4. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

Project details, when available, are found in the Summary of Expenditures section of the attached report for each fee. The percentage of the cost that was funded with fees is 100% unless otherwise stated.

5. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing for an incomplete public improvement.

This information is provided by staff in the annual DIF reports.

6. A description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

No loans covered by new revenues.

7. Any required refunds made.

This section does not apply.

8. State law requires that the city annually publish summary information regarding each fee account established. This annual report was prepared in accordance with these state requirements, as set forth in Government Code Section 66006(b)(1). The following information summarizes the balances, fees and interest collected and any expenditures for FY 2023.

BEGINNING AND ENDING BALANCES OF FUNDS (SEC. 66006(B)(1)(C)) The beginning and ending balances of each of the fee accounts are shown in the table below. The ending balance was arrived at by adding the fees collected and interest earned to each account, and then subtracting the expenditures. Information on fees collected, interest earned and expenditures for each account is presented in later sections of this report.

Balances
Public
Safety
Facilities
Community
Service
Facilities
Transportation
Facilities
Park
Impact
Housing
Impact
Beg. Bal.
(7/1/22)
$634,587 $496,511 $11,804,611 $5,445,118 $40,888,509 End. Bal.
(6/30/23)
$948,791 $722,460 $12,600,623 $5,806,206 $44,592,886
FEES COLLECTED AND INTEREST EARNED (SEC. 66006(B)(1)(D)) The table below shows the amount of fees collected and interest earned.

Balances
Public
Safety
Facilities
Community
Service
Facilities
Transportation Facilities Park
Impact
Housing
Impact
Fees
Collected
$298,307 $213,806 $596,629 $261,100 $1,561,670
Interest
Earned
$15,897 $12,143 $216,272 $99,987 $709,382
Transfer
In from
ARPA
$1,500,000
EXPENDITURES (SEC. 66006(B)(1)(E))
For this section, state law requires an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. This information is provided in the table below.

Improvement Fee Used Amount of
Fees Expended
Percent of Cost
Funded By Fees to
Date
Central Avenue Overpass
(CIP1014)
Transportation $16,888 100%
HOMEKEY Project Housing $3,196 100%
On-Call Planning Services for
Housing Element
Housing $60,459 100%
Homeless Management
Information System - City's
Match
Housing $3,020 100%
The city also collects other fees, such as the Community Development Maintenance fee and the Art In Public Places fee from developers at the building permit stage.

These fees are not impact fees, therefore, are not included in the attached Mitigation Fee Report. However, in the interest of transparency, those fees are shown in the table below.

Balances Art in Public Places Community Development Maintenance Beginning Balance $1,915,912 $4,294,173
Fees Collected $62,005 $787,246
Expenditures $34,750 $878,775
Ending Balance $1,943,167 $4,202,644
In addition to the annual reporting as mandated per California Government Code Section 66006(b), Government Code Section 66001(d) requires that every fifth year the local agency shall make all the following findings with respect to that portion of the account or fund that remains unexpended, whether committed or uncommitted. These additional findings in this report are for fiscal year 2018 through fiscal year 2023.

A. Identify the purpose to which the fee is to be put.

Demonstrate a reasonable relationship between the fee and purpose for which it is charged.

Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.

Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund
D.

The necessary findings are made in the report attached resolution.

FISCAL IMPACT
There is no fiscal impact related to the review and approval of this resolution and the accompanying reports.

REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution for Annual and 5 Year Mitigation Fee Act Findings FY 2023 Annual and 5-Year Mitigation Fee Report
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE ANNUAL AND FIVE-YEAR

MITIGATION FEE REPORT FOR FISCAL YEAR ENDED JUNE
30, 2023 AND MAKING CERTAIN REQUIRED FINDINGS
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Newark (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed a Public Safety Impact Fee, Community Service Impact Fee, Transportation Impact Fee, Residential and Non-Residential Housing Impact Fee and Park Impact Fee (collectively, the “Fees”); and WHEREAS, the City has deposited all Fees in separate non-commingled funds (“Funds”) established for such a purpose; and
WHEREAS, pursuant to California Government Code Section 66006(b), the City is required to prepare an annual report providing the following information about each Fee:
• A brief description of the type of fee in the account or fund. • The amount of the fee.
• The beginning and ending balance of the account or fund. • The amount of the fees collected, and the interest earned. • An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement; and.

WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information (“Annual Report”) required by the Mitigation Fee Act related to each of the Fees; and WHEREAS, California Government Code Section 66001(d) requires the City to review, on a 5-year basis, the status of the Development Impact Fees collected and make the following findings regarding the fees collected but remaining unexpended:
• Identify the purpose to which the fee is to be put;
• Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
• Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements;
• Designate the approximate dates on which the funding necessary to complete the financing of the incomplete improvements is expected to be deposited into the appropriate account or fund; and
WHEREAS, the City has prepared the for fiscal year 2018 through fiscal year 2023, which include the annual information for each Fee pursuant to Government Code section 66006(5) and the five-year findings required by Government Code section 66001(d) and which have been made available to the public at least fifteen days prior to the meeting at which this resolution was considered and which are attached hereto as Exhibit No. 1; and WHEREAS, the City Council must adopt a Resolution making certain findings in the event that any Development Impact Fees remain unexpended for more than five years and thus this Resolution serves to meet that requirement; and
WHEREAS, notice of the meeting at which this Resolution was considered by the City Council was provided to those on record with the City Clerk requesting such notice.

NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and incorporated herein.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby finds and determines as follows:

1. In accordance with Government Code Section 66006(b), the City Council has reviewed and approves the Annual and Five-Year Mitigation Fee Report for the fiscal year ended June 30, 2023, which is attached to this Resolution as Exhibit 1, and are also placed on file with the City Clerk.

2. The City Council makes the findings required Government Code Section 66001(d), as set forth in the Annual and Five-Year Mitigation Fee Report for period ending June 30, 2023, which is attached to this Resolution as Exhibit 1, and are also placed on file with the City Clerk.

3. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby determines that the reports comply with the requirements of AB 1600.

City of Newark
Annual and Five-Year
Mitigation Fee Report
as of June 30, 2023
Publication Date: December 14, 2023
Revenue & Cost Specialists, LLC
1519 East Chapman Avenue, Suite C
Fullerton, California 92831
(714) 992-9020
December 14, 2023
David J. Benoun, City Manager
City of Newark
37101 Newark Boulevard
Newark, CA 94560
Attached is the cumulative 5-Year Mitigation Fee Report for FY 2018-2023 as of June 30, 2023, prepared for the City. RCS would like to thank staff, especially Krysten Lee in the Finance Department, for diligently tracking down the financial information on which this report is based.

Sincerely,
Gregory Brown
Vice President
Revenue & Cost Specialists
1519 E. Chapman Suite C Fullerton, CA 92831

REPORT SUMMARY
The following is a definition of development impact fees (DIFs) written for the League of California Cities - City Attorney Department:
"A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project (Gov. Code § 66000(b).) The legal requirements for enactment of development impact fee program are set forth in Government Code §§ 66000-66025 (the 'Mitigation Fee Act'), the bulk of which were adopted as 1987's AB 1600 and thus are commonly referred to as 'AB 1600 requirements.' A development impact fee is not a tax or special assessment; by its definition, a fee is voluntary and must be reasonably related to the cost of the service provided by the local agency. If a development impact fee does not relate to the impact created by development or exceeds the reasonable cost of providing the public service, then the fee may be declared a special tax and must then be subject to a two-thirds voter approval. (Cal. Const., Art. XIII A, § 4.)"1 Government Code Sections 66000 through 66008 are found in Appendix A of the Initial Report.

For each account or fund established under the Mitigation Fee Act, the following information is required to be reported annually within 180 days after the end of the fiscal year: (The following is a paraphrase of GC § 66006(b)(1) with actions taken.)

1. A brief description of the type of fee in the account or fund. -Found in the discussion for each fee.

2. The amount of the fee.
-Found in the discussion for each fee.

3. The beginning and ending balance of the account or fund. -Annual balances found on the Summary of Fund Revenues
& Expenditures for each DIF

4. The amount of the fees collected and the interest earned. -Annual balances found on the Summary of Fund Revenues
& Expenditures for each DIF
1 A Short Overview of Development Impact Fees, Brown, Peter N. & Lyons, Graham, League of California Cities, 2003

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. -Project detail, when available, is found in the Summary of Expenditures for each DIF. The percentage of the cost that was funded with fees is 100% unless otherwise stated.

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement. -This information is provided in the Nexus reports in the Appendices.

7. A description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.
-No loans covered by new revenues.

8. Any required refunds made.
-This section does not apply
In addition to the above reporting requirements, every five years following the first deposit into the account or fund, and every five years thereafter, additional findings are required. These additional findings are for Fiscal Year 2018-2023. Staff is undertaking a new Development Impact Fee Study for 2024, which will address the following requirements:

A. Identify the purpose for which the fee is to be put.

B. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

C. Identify all sources and amounts of funding anticipated to complete financing incomplete improvements.

D. Designate the approximate dates on which the funding in "C" is expected to be. deposited into the appropriate account or fund.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________ The supporting documents for this report have been added to the appendices at the end of the report. The appendices contain the following documents:

Appendix A: Resolution No. 11,555
Appendix B: Resolution No. 8051
Appendix C: Public Safety and Community Service Facilities Development Impact Fee Nexus Study
Appendix D: Resolution No. 10,633
Appendix E: Resolution No. 10,634
Appendix F: City of Newark Transportation Impact Fee Nexus Study Appendix G: Resolution No. 10,635
Appendix H: Resolution No. 8802
Appendix I: Newark Affordable Housing Fee Study
Appendix J: Resolution No. 10,184
Appendix K: Residential Nexus Analysis, Newark, California Appendix L: Resolution No. 10,132
Appendix M: Resolution No. 10505
Appendix N: Park and Recreation Facility Development Impact Fee Study

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

SUMMARY OF FINDINGS
The following summarizes the findings of this Report:

FINDING #1 - Given the length of time between the last DIF updates, the City Council should consider a general update to all the Nexus Reports and DIFs.

FINDING #2 - RCS recommends creating a separate Park DIF for fees that meet the requirements of the Quimby Act. The fees for the Quimby Act should be kept in a separate fund from revenue generated by the Mitigation Fee Act. Revenue from the Quimby Act is unique from all other DIFs in that the revenue can be used to rehabilitate existing parks.

FINDING #3 - Based on this 5-Year Report, it is clear that the DIFs have been committed or spent within the five-year period required by law.

OVERALL SUMMARY SCHEDULE OF REVENUES & EXPENDITURES
The schedule on the following page shows all of the DIFs.

DETAIL FOR INDIVIDUAL DIFs
The detail for each fee follows the Summary schedule in sequence by fund number:

Fund 620 - Public Safety Impact Fee Fund.............................................. 5 Fund 621 - Community Service Impact Fee Fund................................... 11 Fund 622 - Transportation Impact Fee Fund........................................... 17 Fund 623 - Non-Residential Housing Impact Fee Fund.......................... 23 Fund 623 - Affordable Housing Impact Fee Fund................................... 29 Fund 623 - Residential & Non-Residential Housing Impact Fee Fund… 36 Fund 624 - Park Impact Fee Fund…….…………………………………... 42
Appendices…………………………………………………………………… 49

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PUBLIC SAFETY FACILITIES FUND
FUND 620

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
The City established a Public Safety Impact Fee with Resolution No. 8051 (Appendix B), which was adopted on July 27, 2000. The adopted fees were effective on September 26, 2000. The fees were based on the Newark Impact Fee Study report, dated July 2000.

The enabling Resolution stated, "…The purpose of the Capital Facilities Fee is to provide adequate capital facilities improvements to serve new development in the City.” (Res. No. 8051, Sec. 3).

In 2017, the City adopted Resolution No. 10,633 (Appendix D), updating the Public Safety Impact Fees to reflect the change in cost between 2000 and 2017. Resolution 10,633 was adopted on May 25, 2017, and the fees became effective 60 days later. Inclusion of the Keyser Marston Associates, Public Safety and Community Service Facilities Development Impact Fee Nexus Study (Appendix C) in Resolution 10,633 identifies the Public Safety development-related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The 2017 Keyser Marston Associates Nexus Study indicated that the total for Public Safety development-related projects would cost $42,808,380 in FY2017 dollars.

Beginning in 2018 and ending in 2023, the City has collected, with interest, $4,529,188, or about 11% of the $42.8 million cited in the Keyer Marston Associates Nexus Study.

Throughout the years since the inception of the DIF, the City has gradually raised the fee, using the Engineering News-Record, to account for inflation and rising City costs. Each time the DIF costs were updated, the City used a resolution to establish the increase of the DIF. Resolution No. 11,555 (Appendix A), adopted July 27, 2023, was the latest resolution adopted by the City Council and brought the DIF to its current cost.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

SCHEDULE OF PUBLIC SAFETY DIF RATE HISTORY
The following schedule shows the history of this fee:

RES. NO.
8051
RES. NO.
10,633
RES. NO.
11,555

CURRENT
Single-family residential $1,515.00 $3,451.00 $4,298.00 Multi-family residential $1,737.00 $2,071.00 $4,298.00
Townhome N/A $3,.451.00 $2,578.59
Office/Commercial (per sq. ft.) $1.70 $0.60 $0.75
Manufacturing/Research & Industrial
(per sq. ft.)
$0.25 $0.25 $0.32
Warehousing/Distribution (per sq. ft.) N/A $0.50 $0.62

PUBLIC SAFETY DIF EXPENDITURES
The schedule on the next page has two parts. The top part shows the projects associated with this fund. Prior to 2021, the Public Safety DIF was accounted for under the Capital Projects Fund (401). After 2021, the Public Safety DIF was accounted for in its own fund, the Public Safety Facilities Impact Fee Fund (620). The total expenditure for Public Safety DIF projects as of June 30, 2023, was $4,831,845.

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to assure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.

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EXPENDITURES PRIOR YRS 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL Police Center at the Civic Center $ 4,831,844.69 $ 4,831,844.69 TOTAL $ 4,831,844.69 $ 4,831,844.69

APPLIED TO FISCAL YEAR
FY 2017-18 $ 2,367,818.37 $ 2,367,818.37
FY 2018-19 $ 828,493.74 $ 828,493.74
FY 2019-20 $ 599,095.31 $ 599,095.31
FY 2020-21 $ 1,036,437.26 $ 1,036,437.26
FY 2021-22 $ - $ -
FY 2022-23 $ - $ -
APPLIED TOTAL $ 4,831,844.68 $ 4,831,844.68

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
PUBLIC SAFETY IMPACT FEE (620) FUND
FROM FY 2017-2018 THROUGH 2022-2023

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

SUMMARY OF REVENUES AND EXPENDITURES
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section shows the DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues.

These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

FINDINGS
Findings are presented in each DIF section and summarized at the beginning of this report.
1) Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.
2) Based on this 5-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

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PRIOR OTHER DIF/ AVAILABLE
FISCAL YEAR BALANCE DIF NON-DIF REV. INT/TSFR IN TOTAL OUTLAY TSFR OUT TOTAL BALANCE 2017-18 $ 1,251,448.28 $ 1,076,948.61 $ 39,421.48 $ 1,116,370.09 $ 2,367,818.37 $ 2,367,818.37 $ - 2018-19 $ - $ 732,918.72 $ 95,575.02 $ 828,493.74 $ 828,493.74 $ 828,493.74 $ - 2019-20 $ - $ 555,019.00 $ 44,076.31 $ 599,095.31 $ 599,095.31 $ 599,095.31 $ - 2020-21 $ - $ 1,022,072.10 $ 14,365.16 $ 1,036,437.26 $ 1,036,437.26 $ 1,036,437.26 $ - 2021-2022 $ - $ 630,621.88 $ 3,965.42 $ 634,587.30 $ - $ - $ 634,587.30 2022-2023 $ 634,587.30 $ 298,307.00 $ 15,897.00 $ 314,204.00 $ - $ - $ 948,791.30 SUMMARY $ 1,251,448.28 $ 4,315,887.31 $ - $ 213,300.39 $ 4,529,187.70 $ 4,831,844.68 $ - $ 4,831,844.68 $ 948,791.30

REVENUES EXPENDITURES

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
PUBLIC SAFETY IMPACT FEE (620) FUND
FROM FY 2017-2018 THROUGH 2022-2023

Page 11 ends

COMMUNITY SERVICE FACILITIES
FUND
FUND 621

Page 12 ends

City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
The City established a Community Service Facilities Impact Fee with Resolution No. 8051, which was adopted on July 27, 2000. The adopted fees were effective on September 26, 2000. The fees were based on the Newark Impact Fee Study report, dated July 2000.

The enabling Resolution stated, "…The purpose of the Capital Facilities Fee is to provide adequate capital facilities improvements to serve new development in the City.” (Res. No. 8051, Sec. 3).

In 2017, the City adopted Resolution No. 10,634 (Appendix E), updating the Community Service Facilities Impact Fees to reflect the change in cost between 2000 and 2017.

Resolution 10,634 was adopted on May 25, 2017, and the fees became effective 60 days later. Inclusion of the Keyser Marston Associates, Public Safety and Community Service Facilities Development Impact Fee Nexus Study (Appendix C) in Resolution 10,634 identifies the Community Service Facilities development-related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The 2017 Keyser Marston Associates Nexus Study indicated that the total for Community Service Facilities development-related projects would cost $72,890,220 in FY2017 dollars.

Beginning in 2018 and ending in 2023, the City has collected, with interest, $3,821,651, or about 5% of the $72.9 million cited in the Keyer Marston Associates Nexus Study.

Throughout the years since the inception of the DIF, the City has gradually raised the fee, using the Engineering News-Record, to account for inflation and rising City costs. Each time the DIF costs were updated, the City used a resolution to establish the increase of the DIF. Resolution No. 11,555, adopted July 27, 2023, was the latest resolution adopted by the City Council and brought the DIF to its current cost.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

SCHEDULE OF COMMUNITY SERVICE FACILITIES DIF RATE HISTORY The following schedule shows the history of this fee:

RES. NO. 8051 RES. NO. 10,634
RES. NO.
11,555

CURRENT
Single-family residential $1,508.00 $2,311.00 $2,877.89 Multi-family residential $1,373.00 $1,156.00 $1,439.45
Townhome N/A $2,311.00 $2,877.89
Office/Commercial (per sq. ft.) $0.22 $0.86 $1.07
Manufacturing/Research &
Industrial (per sq. ft.)
$0.16 $0.18 $0.23
Warehousing/Distribution (per
sq. ft.)
N/A $0.36 $0.45

COMMUNITY SERVICE FACILITIES DIF EXPENDITURES
The schedule on the next page has two parts. The top part shows the projects associated with this fund. Prior to 2021, the Community Service Facilities DIF was accounted for under the Capital Projects Fund (401). After 2021, the Community Service Facilities DIF was accounted for in its own fund, the Community Service Facilities Impact Fee Fund (621). The total expenditure for Community Service Facilities DIF projects as of June 30, 2023, was $5,700,428.

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EXPENDITURES 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL City Admin. Building at Civic Center $ 5,700,428.02 $ 5,700,428.02 TOTAL $ - $ - $ - $ - $ 5,700,428.02 $ 5,700,428.02

APPLIED TO FISCAL YEAR
FY 2017-18 $ 3,481,895.09 $ 3,481,895.09
FY 2018-19 $ 804,431.91 $ 804,431.91
FY 2019-20 $ 559,958.30 $ 559,958.30
FY 2020-21 $ 854,142.73 $ 854,142.73
FY 2021-22 $ - $ -
FY 2022-23 $ - $ -
APPLIED TOTAL $ 5,700,428.03

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
COMMUNITY SERVICE IMPACT FEE (621) FUND
FROM FY 2017-2018 THROUGH 2022-2023

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

The Expenditures section shows the project costs assigned to that year’s revenues.

FINDINGS
Findings are presented in each DIF section and summarized at the beginning of this report.
1) Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.
2) Based on this 5-Year Report, it is clear that Community Service Facilities DIFs have been committed via the Nexus Report or spent within the five-year period required by law.

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PRIOR OTHER DIF/ AVAILABLE
FISCAL YEAR BALANCE DIF NON-DIF REV. INT/TSFR IN TOTAL OUTLAY TSFR OUT TOTAL BALANCE 2017-18 $ 2,601,237.05 $ 798,717.28 $ 81,940.76 $ 880,658.04 $ 3,481,895.09 $ 3,481,895.09 $ - 2018-19 $ - $ 663,888.10 $ 140,543.81 $ 804,431.91 $ 804,431.91 $ 804,431.91 $ - 2019-20 $ - $ 494,089.00 $ 65,869.30 $ 559,958.30 $ 559,958.30 $ 559,958.30 $ - 2020-21 $ - $ 837,195.25 $ 16,947.48 $ 854,142.73 $ 854,142.73 $ 854,142.73 $ - 2021-2022 $ - $ 492,351.67 $ 4,159.78 $ 496,511.45 $ - $ - $ 496,511.45 2022-2023 $ 496,511.45 $ 213,806.00 $ 12,143.00 $ 225,949.00 $ - $ - $ 722,460.45 SUMMARY $ 2,601,237.05 $ 3,500,047.30 $ - $ 321,604.13 $ 3,821,651.43 $ 5,700,428.03 $ - $ 5,700,428.03 $ 722,460.45

REVENUES EXPENDITURES

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
COMMUNITY SERVICE IMPACT FEE (621) FUND
FROM FY 2017-2018 THROUGH 2022-2023

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TRANSPORTATION FUND
FUND 622

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
The City established a Transportation Impact Fee with Resolution No. 8051, which was adopted on July 27, 2000. The adopted fees were effective on September 26, 2000. The fees were based on the Newark Impact Fee Study report, dated July 2000.

The enabling Resolution stated, "…The purpose of the Capital Facilities Fee is to provide adequate capital facilities improvements to serve new development in the City.” (Res. No. 8051, Sec. 3).

In 2017, the City adopted Resolution No. 10,635 (Appendix G), updating the Transportation Impact Fees to reflect the change in cost between 2000 and 2017.

Resolution 10,635 was adopted on May 25, 2017, and the fees became effective 60 days later. Inclusion of the Hexagon Transportation Consultants, City of Newark Transportation Impact Fee Nexus Study (Appendix F) in Resolution 10,635 identifies the Transportation development-related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The Hexagon Transportation Consultants Nexus Study from 2017 indicated that the total for Transportation development-related projects would cost $30,877,000 in FY2017 dollars.

Beginning in 2018 and ending in 2023, the City has collected, with interest, $8,988,789, or about 29% of the $30.9 million cited in the Keyer Marston Associates Nexus Study.

Throughout the years since the inception of the DIF, the City has gradually raised the fee, using the Engineering News-Record, to account for inflation and rising City costs. Each time the DIF costs were updated, the City used a resolution to establish the increase of the DIF. Resolution No. 11,555, adopted July 27, 2023, was the latest resolution adopted by the City Council and brought the DIF to its current cost.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

TRANSPORTATION DIF RATE HISTORY
The following schedule shows the history of this fee:

RES. NO. 8051 RES. NO. 10,635
RES NO.
11,555

CURRENT
Single-family residential $876.00 $4,974.00 $6,193.51
Multi-family residential $503.00 $3,084.00 $3,839.90
Townhome N/A $2,586.00 $3,219.93
Office/Commercial (per sq. ft.) $1.29 $4.41 $5.49
Manufacturing/Research &
Industrial (per sq. ft.)
$0.75 $2.41 $3.00
Warehousing/Distribution (per
sq. ft.)
N/A $4.82 $6.00

TRANSPORTATION DIF EXPENDITURES
The schedule on the next page has two parts. The top part shows the projects associated with this fund. Prior to 2021, the Transportation DIF was accounted for under the Capital Projects Fund (401). After 2021, the Transportation DIF was accounted for in its own fund, the Transportation Impact Fee Fund (622). The total expenditure for Transportation DIF projects as of June 30, 2023, was $16,889.

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EXPENDITURES 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL Central Ave Overpass $ 16,888.62 $ -
TOTAL $ - $ - $ - $ - $ - $ 16,888.62 $ -

APPLIED TO FISCAL YEAR

PRIOR YEARS
FY 2017-18
FY 2018-19
FY 2019-20
FY 2020-21
FY 2021-22
FY 2022-23 $ 16,888.62 $ 16,888.62
APPLIED TOTAL $ 16,888.62

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
TRANSPORTATION IMPACT FEE (622) FUND
FROM FY 2017-2018 THROUGH 2022-2023

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

The Expenditures section shows the project costs assigned to that year’s revenues.

FINDINGS
Findings are presented in each DIF section and summarized at the beginning of this report.
1) Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.
2) Based on this 5-Year Report, it is clear that Transportation DIFs have been committed via the Nexus Report or spent within the five-year period required by law.

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PRIOR OTHER DIF/ AVAILABLE
FISCAL YEAR BALANCE DIF NON-DIF REV. INT/TSFR IN TOTAL OUTLAY TSFR OUT TOTAL BALANCE 2017-18 $ 3,628,723.60 $ 1,951,480.28 $ 114,307.30 $ 2,065,787.58 $ - $ 5,694,511.18 2018-19 $ 5,694,511.18 $ 1,834,097.25 $ 229,854.22 $ 2,063,951.47 $ - $ 7,758,462.65 2019-20 $ 7,758,462.65 $ 1,358,973.97 $ 106,911.86 $ 1,465,885.83 $ - $ 9,224,348.48 2020-21 $ 9,224,348.48 $ 1,575,688.86 $ 32,204.46 $ 1,607,893.32 $ - $ 10,832,241.80 2021-2022 $ 10,832,241.80 $ 946,060.58 $ 26,309.10 $ 972,369.68 $ - $ 11,804,611.48 2022-2023 $ 11,804,611.48 $ 596,629.00 $ 216,272.00 $ 812,901.00 16,888.62$ $ 16,888.62 $ 12,600,623.86 SUMMARY $ 3,628,723.60 $ 8,262,929.94 $ - $ 725,858.94 $ 8,988,788.88 $ - $ - $ 16,888.62 $ 12,600,623.86

SUMMARY OF DEVELOPMENT IMPACT FEE REVENUES & EXPENDITURES

CITY OF NEWARK

REVENUES EXPENDITURES
FROM FY 2017-2018 THROUGH 2022-2023
TRANSPORTATION IMPACT FEE (622) FUND
BY

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NON-RESIDENTIAL HOUSING
FUND 401

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
The City established a Non-Residential Housing Fee with Resolution No. 8802 (Appendix H), adopted on May 27, 2004. The adopted fees were effective 60 days later. Inclusion of the Economic Planning and System 2004 Newark Affordable Housing Fee Study (Appendix I) in Resolution 8802 identifies the Non-Residential Housing developmentrelated projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The enabling Resolution stated, "… the City of Newark hired Economic and Planning Systems to prepare an Affordable Housing Fee Study, dated April 2004, which: (1) examined the amount of subsidy needed to produce housing units affordable to moderate, low, and very low-income households; (2) found a clear nexus between the development of nonresidential land uses and the number of housing units that will be needed to accommodate for very low, low, and moderate-income households as a result of the development…” (Res. No. 8802).

Economic Planning and Systems Affordable Housing Study indicated that the total NonResidential Housing subsidy would be $12.4 million in FY2004 dollars.

Beginning in 2018 and ending in 2020, the City has collected, with interest, $39,194, or about 0.32% of its goal.

In 2021, the Non-Residential and Inclusionary Housing Impact Fees were combined into Fund 623. The fund balance from the Non-Residential Fee was transferred to Fund 623.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

NON-RESIDENTIAL DIF RATE HISTORY
The following schedule shows the history of this fee:

RES. NO. 8802
Office/Commercial (per sq. ft.) $2.65
Manufacturing/Research & Industrial (per sq. ft.) $0.49

NON-RESIDENTIAL HOUSING DIF EXPENDITURES
The schedule on the next page has two parts. The top part shows the projects associated with this fund. Prior to 2021, the Non-Residential DIF was accounted for under the Capital Projects Fund (401). After 2021, the Non-Residential Housing DIF was combined with the Inclusionary Housing DIF into Fund (623). There was a total of $6,852 in expenditures from the Non-Residential Housing Fund between 2018 and 2020.

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EXPENDITURES PRIOR YRS 2017-18 2018-19 2019-20 2020-21 2021-22 TOTAL In-House HMIS Match $ 2,284.00 2,284.00$ 2,284.00$ $ 2,284.00 $ - $ - 9,136.00$ TOTAL $ 2,284.00 2,284.00$ 2,284.00$ $ 2,284.00 $ - $ - 9,136.00$

APPLIED TO FISCAL YEAR
FY 2017-18 $ 2,284.00 2,284.00$
FY 2018-19 2,284.00$ 2,284.00$
FY 2019-20 2,284.00$ 2,284.00$
APPLIED TOTAL $ 2,284.00 2,284.00$ 2,284.00$ $ - $ - $ - 6,852.00$

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
NON-RESIDENTIAL HOUSING IMPACT FEE (401) FUND
FROM FY 2017-2018 THROUGH 2022-2023

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

The Expenditures section shows the project costs assigned to that year’s revenues.

FINDINGS
Findings are presented in each DIF section and summarized at the beginning of this report.
1) Given that about 0.32% of the original revenue goal has been collected over the five years this report spans and considering that the revenue generated by this DIF is only generated by non-residential development, the combining of the Affordable and Non-Residential Housing Funds seems both prudent and appropriate. 2) Based on this 5-Year Report, it is clear that Non-Residential Housing DIFs have been committed or spent within the five-year period required by law.

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PRIOR OTHER DIF/ AVAILABLE
FISCAL YEAR BALANCE DIF NON-DIF REV. INT/TSFR IN TOTAL OUTLAY TSFR OUT TOTAL BALANCE 2017-18 $ 537,170.29 $ 16,921.23 $ 16,921.23 $ 2,284.00 $ 2,284.00 $ 551,807.52 2018-19 $ 551,807.52 $ 22,273.25 $ 22,273.25 $ 2,284.00 $ 2,284.00 $ 571,796.77 2019-20 $ 571,796.77 $ - $ 2,284.00 $ 2,284.00 $ 569,512.77 SUMMARY $ 537,170.29 $ - $ - $ 39,194.48 $ 39,194.48 $ 6,852.00 $ - $ 6,852.00 $ 569,512.77

SUMMARY OF DEVELOPMENT IMPACT FEE REVENUES & EXPENDITURES

CITY OF NEWARK

REVENUES EXPENDITURES
NON-RESIDENTIAL HOUSING IMPACT FEE (401) FUND
FROM FY 2017-2018 THROUGH 2022-2023
BY

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AFFORDABLE HOUSING
FUND 403

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
The City established the Inclusionary Housing Fee (Affordable Housing Fee) with Resolution No. 8802, adopted on May 27, 2004. The adopted fees were effective 60 days later. Inclusion of the Economic Planning and System 2004 Newark Affordable Housing Fee Study in Resolution 8802 identifies the Non-Residential Housing developmentrelated projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

Resolution No.10,184 (Appendix J), adopted on April 10, 2014, revised the fee to reflect an initial charge for residential units based on the first 1,000 square feet constructed and another fee based on all square footage after the first 1,000 square feet of construction.

The updated Affordable Housing nexus was demonstrated and supported by the Keyser Marston Associates 2014 Residential Nexus Analysis, Newark, California Report (Appendix K), included in Resolution No. 10,184.

The enabling Resolution stated, "… the City Council has considered the Residential Nexus Analysis, Newark, California" dated March 2014 and prepared by KeyserMarston Associates, Inc. ( the " Nexus Study "), which study demonstrates that, to fully mitigate the burdens created by new market-rate units in residential projects on the need for very low, low, and moderate-income housing, a housing impact fee of $23.80 to $ 35.60 per square foot of new market-rate development would be needed, or from 12 percent to 21 percent of units in each residential development would need to be affordable to very low, low, and moderate–income households…” (Res. No. 10,184) Beginning in 2018 and ending in 2020, the City has collected, with interest, $12,216,501.

In 2021, the Non-Residential and Affordable Housing Impact Fees were combined into Fund 623. The fund balance from the Affordable Housing Fee was transferred to Fund 623.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

AFFORDABLE HOUSING DIF RATE HISTORY
The following schedule shows the history of this fee:

RES. NO. 8802
RES. NO
10,184
Market Rate Unit $6,704 N/A
First 1,000 sq. ft. floor area/unit N/A $20.00/sq. ft.

All sq. ft. over 1,000 sq. floor area/unit N/A $8.00/ sq. ft.

AFFORDABLE HOUSING DIF EXPENDITURES
The schedule on the next page has two parts. The top part shows the projects associated with this fund. Prior to 2021, the Affordable Housing DIF was accounted for under the Impact Fee Fund (403). After 2021, the Non-Residential Housing DIF was combined with the Affordable Housing DIF into Fund (623). There was no expenditure from the Affordable Housing Fund between 2018 and 2020.

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EXPENDITURES PRIOR YRS 2017-18 2018-19 2019-20 2020-21 2021-22 TOTAL TOTAL

APPLIED TO FISCAL YEAR

PRIOR YEARS
FY 2017-18
FY 2018-19
FY 2019-20

APPLIED TOTAL

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
RESIDENTIAL HOUSING IMPACT FEE (403)
FROM FY 2017-2018 THROUGH 2022-2023

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

The Expenditures section shows the project costs assigned to that year’s revenues.

FINDINGS
Findings are presented in each DIF section and summarized at the beginning of this report.
1) Based on the relationship between the Non-Residential and Affordable Housing DIFs and considering that the revenue generated from the Affordable Housing DIF can only be generated from residential dwelling units, combining these funds appears prudent and appropriate.
2) Based on this 5-Year Report, it is clear that Affordable Housing DIFs have been committed or spent within the five-year period required by law.

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PRIOR OTHER DIF/ AVAILABLE
FISCAL YEAR BALANCE DIF NON-DIF REV. INT/TSFR IN TOTAL OUTLAY TSFR OUT TOTAL BALANCE 2017-18 $ 9,276,857.41 $ 2,689,363.11 $ 109,363.53 $ 2,798,726.64 $ - $ - $ - $ 12,075,584.05 2018-19 $ 12,075,584.05 $ 6,297,354.18 $ 300,983.66 $ 6,598,337.84 $ - $ - $ - $ 18,673,921.89 2019-20 $ 18,673,921.89 $ 2,519,564.18 $ 299,872.12 $ 2,819,436.30 $ - $ - $ - $ 21,493,358.19 SUMMARY $ 9,276,857.41 $ 11,506,281.47 $ - $ 710,219.31 $ 12,216,500.78 $ - $ - $ - $ 21,493,358.19

REVENUES EXPENDITURES
FROM FY 2017-2018 THROUGH 2022-2023
RESIDENTIAL HOUSING IMPACT FEE (403)

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE REVENUES & EXPENDITURES BY

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RESIDENTIAL AND

NON-RESIDENTIAL

HOUSING
FUND 623

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
As noted earlier in this report, before 2021, the City had two separate Housing Impact Fee Funds, the Non-Residential Housing Fund (401) and the Affordable Housing Fund (403). After 2021, these funds were combined into the Residential and Non-Residential Housing Fund (623).

Beginning in 2021 and ending in 2023, after combining the balances from the Affordable Housing and Non-Residential Funds, the City has collected, with interest, $22,629,877.

Throughout the years since the inception of the DIF, the City has gradually raised the fee, using the Engineering News-Record, to account for inflation and rising City costs.

Resolution No. 11,555, adopted July 27, 2023, was adopted by the City Council and brought the DIF to its current cost.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

RESIDENTIAL AND NON-RESIDENTIAL DIF RATE HISTORY
The following schedule shows the history of this fee:

RES. NO. 8802
RES. NO.
10,184
RES. NO.
11,555

CURRENT
Market Rate Unit $6,704 N/A N/A
Residential Unit First 1,000 sq. ft.
floor area/unit
N/A $20.00/sq. ft. $24.95/sq.
ft.

Residential Unit All sq. ft. over
1,000 sq. floor area/unit
N/A $8.00/sq. ft. $10.00/ sq.
ft.

Office/Commercial (per sq. ft.) $2.65 N/A $4.48
Manufacturing/Research &
Industrial (per sq. ft.)
$0.49 N/A $0.84

AFFORDABLE AND NON-RESIDENTIAL HOUSING DIF EXPENDITURES The schedule on the next page has two parts. The top part shows the projects associated with this fund. The total expenditure for the Affordable and Non-Residential Housing DIF projects as of June 30, 2023, was $99,862.

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EXPENDITURES 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL On-Call Planning Services $ 12,020.00 $ 15,980.00 $ 60,459.77 28,000.00$ In-House HMIS Match $ 2,284.00 $ 2,902.00 $ 3,020.00 $ 5,186.00 Home Key Project Mailer $ 3,196.25
TOTAL $ - $ - $ - $ 14,304.00 $ 18,882.00 $ 66,676.02 33,186.00$ APPLIED TO FISCAL YEAR $ -
FY 2020-21 $ 14,304.00 14,304.00$
FY 2021-22 $ 18,882.00 18,882.00$
FY 2022-23 $ 66,676.02 66,676.02$
APPLIED TOTAL $ - $ - $ - $ 14,304.00 $ 18,882.00 $ 66,676.02 99,862.02$

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
RESIDENTIAL AND NON-RESIDENTIAL HOUSING IMPACT FEE (623) FUND FROM FY 2017-2018 THROUGH 2022-2023

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

The Expenditures section shows the project costs assigned to that year’s revenues.

FINDINGS
Findings are presented in each DIF section and summarized at the beginning of this report.
1) Combining these funds appears prudent and appropriate Based on the relationship between the Non-Residential and Affordable Housing DIFs. 2) Based on this 5-Year Report, it is clear that Residential and Non-Residential Housing DIFs have been committed or spent within the five-year period required by law.

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PRIOR OTHER DIF/ AVAILABLE
FISCAL YEAR BALANCE DIF NON-DIF REV. INT/TSFR IN TOTAL OUTLAY TSFR OUT TOTAL BALANCE 2020-21 $ 22,062,870.96 $ 12,384,516.07 $ - $ 102,689.68 $ 12,487,205.75 $ 14,304.00 $ - $ 14,304.00 $ 34,535,772.71 2021-2022 $ 34,535,772.71 $ 6,278,542.06 $ - $ 93,076.55 $ 6,371,618.61 $ 18,882.00 $ - $ 18,882.00 $ 40,888,509.32 2022-2023 $ 40,888,509.32 $ 1,561,670.00 $ - $ 2,209,383.00 $ 3,771,053.00 $ 66,676.02 $ - $ 66,676.02 $ 44,592,886.30 SUMMARY $ 22,062,870.96 $ 20,224,728.13 $ - $ 2,405,149.23 $ 22,629,877.36 $ 99,862.02 $ - $ 99,862.02 $ 44,592,886.30

SUMMARY OF DEVELOPMENT IMPACT FEE REVENUES & EXPENDITURES

CITY OF NEWARK

REVENUES EXPENDITURES
FROM FY 2017-2018 THROUGH 2022-2023
RESIDENTIAL AND NON-RESIDENTIAL HOUSING IMPACT FEE (623) FUND BY

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PARK FUND
FUND 624

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

OVERVIEW
The City established a park Impact Fee with Resolution No. 5799. In 2013, the City adopted Resolution No. 10,132 (Appendix L) to rescind Resolution No. 5799. Resolution No. 10,132 introduced a single residential fee to the Park Impact Fees. The Nexus report used to support the fees was created by the City.

In 2016, Resolution No. 10505 (Appendix M) was adopted, and the Park Impact Fees were again updated. The 2016 Park Impact Fee update created different fees between single and multi-family residential units. It also differentiated between residential dwelling units that dedicated land to the City’s parks versus those that did not.

The Park Impact Fees for Resolution No. 10505 were based on the Keyer Martson Associates Park and Recreation Facility Development Impact Fee Study (Appendix N), dated May 2016. The Park development-related projects can be found in this Nexus Report. The report also acts as a mechanism to commit the revenues generated by the DIF to these projects. It should also be noted that the Keyer Martson Associates Study is based on the Mitigation Fee Act and not the Quimby Act.

The enabling Resolution stated, "…the existing Parks Impact Fee is insufficient, outdated, and needs to be brought into conformity with current conditions in the City...” (Res. No. 10505).

The 2016 Keyer Martson Associates Park Impact Fee Study indicated that the total for Park development-related projects would cost $41,186,719 in FY2016 dollars.

Beginning in 2018 and ending in 2022, the City has collected, with interest, $6,708,807, or about 15% of its goal.

Throughout the years since the inception of the DIF, the City has gradually raised the fee, using the Engineering News-Record, to account for inflation and rising City costs. Each time the DIF costs were updated, the City used a resolution to establish the increase of the DIF. Resolution No. 11,555, adopted July 27, 2023, was the latest resolution adopted by the City Council and brought the DIF to its current cost.

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City of Newark DIF Five Year Report as of June 30, 2023___________________________________________________

PARK DIF RATE HISTORY
The following schedule shows the history of this fee:

RES. NO. 10,132 RES. NO. 10505
RES. NO.
11,555

CURRENT
Residential Dwelling Unit $7,462.52 N/A N/A
Single-Family Residential w/o
Land Dedication
N/A $25,000 $31,130.44
Single-Family Residential w/
Land Dedication
N/A $7,500 $9,339.13
Multi-Family Residential w/o
Land Dedication
N/A $7,500 $22,414.32
Multi-Family Residential w/
Land Dedication
N/A $5,300 $6,599.69

PARK DIF EXPENDITURES
The schedule on the next page has two parts. The top part shows the projects associated with this fund. Prior to 2021, the Park DIF was accounted for under the Capital Projects Fund (104). After 2021, the Park DIF was accounted for in its own fund, the Park Impact Fee Fund (624). The total expenditure for the Park DIF projects as of June 30, 2023, was $6,628,575.

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EXPENDITURES 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL Birch Grove Community Park Project $ 64,057.59 $ 14,952.39 $ - $ - $ - $ - $ 79,009.98 Sportsfield Park All-Weather Turf Fields $ - $ 2,427,196.95 $ 3,918,287.28 $ - $ - $ - $ 6,345,484.23 Skate Park at Sportsfield Park $ - $ 173,212.00 $ 22,098.76 $ - $ - $ - $ 195,310.76 Birch Grove Community Park $ - $ - $ 8,770.00 $ - $ - $ - $ 8,770.00 TOTAL $ 64,057.59 $ 2,615,361.34 $ 3,949,156.04 $ - $ - $ 6,628,574.97 APPLIED TO FISCAL YEAR $ - $ - $ - $ - $ - $ -
FY 2017-18 $ 64,057.59 $ - $ - $ - $ - $ - $ 64,057.59
FY 2018-19 $ - $ 2,615,361.34 $ - $ - $ - $ - $ 2,615,361.34 FY 2019-20 $ - $ - $ 3,949,156.04 $ - $ - $ - $ 3,949,156.04 FY 2020-21 $ - $ - $ - $ - $ - $ - $ -
FY 2021-22 $ - $ - $ - $ - $ - $ - $ -
FY 2022-23 $ - $ - $ - $ - $ - $ - $ -
APPLIED TOTAL $ 64,057.59 $ 2,615,361.34 $ 3,949,156.04 $ - $ - $ - $ 6,628,574.97

CITY OF NEWARK

SUMMARY OF DEVELOPMENT IMPACT FEE ANNUAL EXPENDITURES
FOR
PARK IMPACT FEE (624) FUND
FROM FY 2017-2018 THROUGH 2022-2023

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Newark City CouncilDecember 14, 2023

Newark City Council
December 14, 2023