AGENDA
Thursday, March 28, 2024
7:00 P.M.
A. ROLL CALL
B. PRESENTATIONS
1. Proclaiming March 28, 2024 as Arbor Day in Newark
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 March 14, 2024, special and regular meeting minutes
3. Adopt a resolution approving Amendment No. 1 to the Contractual Services Agreement with Francisco & Associates, Inc. for the administration of the City's Landscaping and Lighting Districts and other Special Financing District Administration Services
4. Adopt a resolution approving a second amendment to the Contractual Services Agreement with Gachina Landscape Management, Inc. to increase the contractual not-to-exceed amount for additional landscape maintenance services through the term of the contract and amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan
5. Adopt a resolution authorizing the City Manager to execute a three-year contract with Siemens Industry, Inc. for fire life safety program support at the Newark Civic Center and at all City-owned facilities
E. PUBLIC HEARINGS
F. OTHER BUSINESS
1. Waive full reading and introduce by title only an ordinance repealing and replacing Chapter
15.40 Construction In Flood Hazard Areas of Title 15 of the Newark Municipal Code to align with the updated FEMA National Flood Insurance Program requirements
2. Presentation of the Technology Master Plan
3. Presentation of the 2023 Community Survey Results
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. Resolution approving the reappointment of Senior Advisory Committee Members H. CITY MANAGER UPDATES
I. CLOSED SESSION
J. ADJOURNMENT
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 851 1802 4065 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 Packet Page 2
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.
Packet Page 3
Item B. 1.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclaiming March 28, 2024 as Arbor Day in Newark In recognition of our continued dedication and commitment to the management of tree resources, the City of Newark has been named a Tree City U.S.A. for the thirty-seventh consecutive year by the National Arbor Day Foundation. An effective urban tree management program requires an ongoing maintenance program, along with a program of renewal that includes planting new trees. In celebration of Arbor Day, a public tree planting will be held before the City Council meeting, at approximately 6:15 pm at Civic Center Park, located at 6300 Civic Terrace Avenue, near the playground.
A member of the Public Works Department will accept the proclamation at the meeting.
Attachments
Proclamation
Packet Page 4
PROCLAMATION NO. 1910
ARBOR DAY
WHEREAS, the first Arbor Day was celebrated in 1872 to promote the reforestation of the plains of Nebraska, and by the year 1920 more than 45 states and territories observed Arbor Day; and
WHEREAS, Arbor Day will be observed in the City of Newark on March 28, 2024; and
WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, enhance the environment by providing habitat for animals, purify the air, and beautify our community; and
WHEREAS, Arbor Day promotes tree appreciation and conservation, tree planting, and tree care; and
WHEREAS, the City of Newark has recognized the value of the thousands of specimen trees within the City limits, and has consistently supported the planting and maintenance of approximately 13,000 trees on public property; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, do hereby proclaim March 28, 2024, as
ARBOR DAY
in Newark and urge all residents to support efforts to protect our trees and woodlands and to support our City's urban forestry program.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Twenty-eighth Day of March, Two Thousand Twenty-four.
MICHAEL K. HANNON
Mayor
Packet Page 5
Item D. 1.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 02.29.24
Audited Demands 03.07.24
Packet Page 6
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Packet Page 17
Item D. 2.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of March 14, 2024, special and regular meeting minutes Attachments
Minutes special meeting
Minutes regular meeting
Packet Page 18
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Luis L. Freitas | Council Members: Maria “Sucy” Collazo, Mike Bucci, and Matthew Jorgens
Draft Minutes
Thursday, March 14, 2024
A. ROLL CALL
Mayor Hannon called the meeting to order at 5:37 p.m. Vice Mayor Freitas, Council Members, Collazo, and Jorgens were present. Council Member Bucci was noted absent.
A. CITY MANAGER REPORTS
1. Work Session for 2024-2026 Biennial Budget
Finance Director Lee gave the presentation highlighting the City’s budget preparation process, economic trends considered for the financial forecast, and provided a preliminary financial update.
Finance Director Lee also reviewed the proactive pension cost management actions taken over the last several years. She stated that funding a Section 115 Trust and/or another Additional Discretionary Payment would be scheduled for City Council consideration at a future meeting.
City Manager Benoun and Assistant City Manager Hovorka presented the recommended department budget priorities. Presentation on file with City Clerk.
Assistant City Manager Hovorka reviewed the Biennial Budget next steps.
No one from the public requested to speak.
C. ADJOURNMENT
Mayor Hannon adjourned the meeting at 7:17 p.m.
Packet Page 19
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Luis L. Freitas | Council Members: Maria “Sucy” Collazo, Mike Bucci, and Matthew Jorgens
Minutes Draft
Thursday, March 14, 2024
A. ROLL CALL
Mayor Hannon called the meeting to order at 7:33 p.m. Meeting start time delayed due to Budget Work Session held before regular meeting. Vice Mayor Freitas, Council Members Collazo, and Jorgens were present. Council Member Bucci was noted absent.
A. PRESENTATIONS
C. PUBLIC COMMENT
No one from the public requested to speak.
D. CONSENT CALENDAR
City Manager Benoun announced that the City Attorney’s contract amendment reflected the new law firm name of Redwood Public Law LLP, there were no changes to the compensation. He noted that the attachments were amended after the posting of the agenda to make the agreement effective at 5:01 p.m. on March 14, 2024.
Council Member Jorgens moved, Council Member Collazo seconded, to approve Consent Calendar items D.1 to D.6, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 4 AYES, 1 ABSENT.
1. Approval of Audited Demands
Packet Page 20
Page No. 2
City of Newark City Council Minutes March 14, 2024
2. Approval of February 22, 2024 minutes
3. Adopt a resolution approving the Contractual Services Agreement with ePlus Technology, Inc., for a cybersecurity tool that protects Microsoft 365 data from overexposure and cyber threats
Resolution No. 11620
Contract No. 24020
4. Adopt a resolution approving On-Call Environmental Service Contracts with Stantec Consulting Services Inc. and Helix Environmental Planning Resolution No. 11621
Contract No. 24021 Stantec
Contract No. 24022 Helix
5. Adopt a resolution authorizing a legal services agreement with Redwood Public Law LLP for Kristopher J. Kokotaylo to continue serving as City Attorney Resolution No. 11622
Contract No. 24023
6. Mid-year Budget Review and adopt a resolution amending the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 Resolution No. 11623
E. PUBLIC HEARINGS
F. OTHER BUSINESS
1. Presentation of design concepts for Citywide Parks Signage Program, Project 1272
Junior Engineer Reyes gave the presentation sharing three design concepts for new signs at the City parks. Presentation on file with the City Clerk.
The City Council concurred that Concept No. 3 was the preferred design, with a few changes. They requested that instead of the medallion on the side to place the City logo in a large size, include the year the park was established, City of Newark to be centered and larger, the gold pillar on right hand sign in concrete.
Packet Page 21
Page No. 3
City of Newark City Council Minutes March 14, 2024
The City Council discussed: lighting the signs, anti-graffiti coating, family friendly font, consider renaming some of the parks before installing new signs, save historical artifacts from the current signs, and consider new landscaping around the signs.
Mayor Hannon requested the final design be presented to the City Council.
Council Member Collazo suggested placing the park established date on the informational plaque instead of the sign.
G. CITY COUNCIL MATTERS
Council Member Jorgens stated that the Athletic Director for the Newark Unified School District, at a recent School Board meeting, mentioned collaborating with city staff to learn about turf fields. He thanked staff for their assistance.
Council Member Collazo stated shop Newark.
Vice Mayor Freitas congratulated staff on the budget work session. He stated that trees have been planted at the Lake. He was delighted with the Urban Forest Plan during the work session, the Central Avenue Bridge Project and that O’Reilly Auto Parts would relocate to the old Orchard Supply Hardware site on Jarvis Avenue.
Mayor Hannon congratulated Captain Arguello on his promotion to Police Chief. He recognized March as Women’s History Month.
H. CITY MANAGER UPDATES
Assistant City Manager Hovorka announced that Family Day in the Park will would be held on March 23.
City Manager Benoun announced that Jonathan Arguello was selected to be the new police chief, effective April 11, 2024.
I. CLOSED SESSION
Packet Page 22
Page No. 4
City of Newark City Council Minutes March 14, 2024
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 8:18 p.m.
Packet Page 23
Item D. 3.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Brett Oeverndiek, Management Analyst II
SUBJECT Adopt a resolution approving Amendment No. 1 to the Contractual Services Agreement with Francisco & Associates, Inc. for the administration of the City's Landscaping and Lighting Districts and other Special Financing District Administration Services SUMMARY AND RECOMMENDATION
The City of Newark annually assesses individual properties through existing Landscaping and Lighting Districts for the ongoing maintenance of landscaping, irrigation systems, lighting and other improvements. Last year, the City utilized the services of Francisco and Associates, Inc. for the preparation of all Engineer's Reports and other services associated with the administration of these districts. Francisco and Associates, Inc. performed more than satisfactorily in this role and staff is recommending continuation of these services for the Fiscal Year 2025.
In addition, Francisco and Associates, Inc. has provided quality services for the Finance Department for many years for other Special Financing District Administration Services, including the preparation of final assessment rolls for Emergency Medical Services Charges and for Weed Abatement Charges. It is desirable to include these additional services in an existing agreement with Francisco and Associates, Inc.
Staff recommends that the City Council approve a resolution authorizing the City Manager to execute an amendment to the contractual services agreement with Francisco & Associates, Inc. for the administration of Landscaping and Lighting Districts and final preparation of assessment rolls for Emergency Medical Services Charges and Weed Abatement Charges for Fiscal Year 2025. The amendment would increase the total not-to-exceed amount of the contract to $88,150.
BACKGROUND
To ensure the ongoing maintenance of landscaping, irrigation systems, lighting and other improvements associated with Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18, and 19, the City annually assesses individual properties in these districts pursuant to the Landscaping and Lighting Act of 1972.
In accordance with Section 3.04.080 of the City's Purchasing Ordinance, Special Packet Page 24
Professional Services for specialized services may be contracted for without a competitive RFP/Q process. As the services provided by Francisco & Associates, Inc. related to the City's Landscaping and Lighting Districts qualify as a Special Professional Service, in March 2023, the City entered into an agreement with Francisco & Associates, Inc. to provide services related to the administration of the City's Landscaping and Lighting Districts for Fiscal Year 2024 based on their scope and fee proposal and satisfactory performance of similar assessments district administration services.
Emergency Medical Services Charges must be calculated for each taxable parcel located within the City based on a formula provided by the City. The calculated data must then be prepared in the required electronic format for Alameda County and confirmed with acceptance of the levies by the County on the final assessment roll.
The Finance Department has successfully utilized Francisco and Associates, Inc. for a number of prior years for these services.
The City also levies assessments on certain properties where weed abatement services are performed for a given year. Based on data provided by the City for certain weed abatement services rendered, electronic data must be analyzed, confirmed and submitted to Alameda County in the form of final assessment rolls. Francisco and Associates, Inc. has also provided this service successfully for the Finance Department for a number of prior years.
DISCUSSION/ANALYSIS
Based on the satisfactory work Francisco & Associates, Inc. provided for the City for Fiscal Year 2024, and with the need to prepare the City's Fiscal Year 2025 Landscaping and Lighting District Engineer's Reports and complete other related services in compliance with the Landscape and Lighting Act of 1972 and Proposition 218, staff recommends that the City Council approve an amendment to the current Contractual Services Agreement increasing the not-to-exceed amount of the contract.
This would allow Francisco & Associates, Inc. to begin work on the Engineer's Reports upon direction by the City Council to do so at a future meeting. Francisco and Associates has provided a proposal for Landscaping and Lighting District administration services and all other Special Financing District Administration Services. The additional cost for the Landscaping and Lighting District administration services is estimated to be $36,775 for Fiscal Year 2025.
The additional Special Financing District Administration Services necessary for Fiscal Year 2025 include the preparation of Emergency Medical Services Charge assessment rolls and Weed Abatement Charge assessment rolls. Francisco and Associates, Inc. has provided proposed cost estimates of $3,775 and $750, respectively, for preparation of these two assessment rolls. The Finance Department is recommending continuation of these services based on these estimates.
The proposed total cost estimate from Francisco and Associates, Inc. for all desired services is $41,300 for Fiscal Year 2025. An amendment to increase the not-to-exceed compensation under the current contract with Francisco and Associates, Inc. by this amount is necessary for completion of these services. The updated total Packet Page 25
Inc. by this amount is necessary for completion of these services. The updated total not-to-exceed amount under the contract would be $88,150.
FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan contains sufficient funding for this scope of work. No budget modifications are necessary.
REVIEW AND APPROVAL
Prepared by - Brett Oeverndiek, Management Analyst II
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 v1
Amendment No. 1
Contractual Services Agreement
Packet Page 26
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 1 TO THE
CONTRACTUAL SERVICES AGREEMENT WITH
FRANCISCO AND ASSOCIATES, INC. FOR PROFESSIONAL
SERVICES RELATED TO THE ADMINISTRATION OF
LANDSCAPING AND LIGHTING DISTRICTS AND OTHER
SPECIAL FINANCING DISTRICT ADMINISTRATION
SERVICES
WHEREAS, the Public Works Department selected Francisco and Associates, Inc. based on their scope and fee proposal as allowed by Section 3.04.080 of the City’s Purchasing Ordinance, to provide special professional services related to the administration of the City’s Landscaping and Lighting District’s for Fiscal Year 2024; and WHEREAS, Francisco and Associates, Inc. successfully completed their scope of services to the satisfaction of the City for Fiscal Year 2024; and WHEREAS, similar services are required for the preparation of Fiscal Year 2025 Landscaping and Lighting District assessment rolls and other administration services and Francisco and Associates, Inc. provided a cost proposal of $36,775 for said services; and WHEREAS, Francisco and Associates, Inc. has successfully provided assessment roll preparation services to the City for Emergency Medical Services Charges and Weed Abatement Charges for many years; and
WHEREAS, similar services are required for the preparation of Fiscal Year 2025 assessment rolls for Emergency Medical Services Charges and Weed Abatement Charges and Francisco and Associates, Inc. provided cost proposals of $3,775 and $750, respectively, for said services; and
WHEREAS, based on staff’s evaluation, Francisco and Associates, Inc. has been determined to be the most qualified firm to provide the requested services.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby approve Amendment No. 1 to the Contractual Services Agreement with Francisco and Associates, Inc. in an amount not to exceed $41,300 for Fiscal Year 2025 for special professional services related to the administration of Landscaping and Lighting District and other Special Financing District Administration Services, for a new total not to exceed amount of $88,150.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute Amendment No. 1 to the current Contractual Services Agreement with Francisco and Associates, Inc. in a form approved by the City Attorney, and take any and all action necessary to effectuate the intent of this Resolution.
Packet Page 27
1 AMENDMENT NO. 1 TO THE CONTRACTUAL
SERVICES AGREEMENT BETWEEN THE CITY OF
NEWARK AND FRANCISCO AND ASSOCIATES, INC.
This First Amendment to the Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Francisco and Associates, Inc., a California corporation ("Consultant") (sometimes referred to as "Parties") dated March 21, 2023 (the “Agreement”), is entered into as of ______________, 2024, for additional Landscaping and Lighting District administration services, Emergency Medical Services Charge assessment roll preparation and Weed Abatement Charge assessment roll preparation, collectively Special Financing District Administration Services.
RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of having Consultant perform Landscaping and Lighting District administration services for Fiscal Year 2024 for compensation in the amount not-to-exceed $46,850; and
WHEREAS, Section 27, 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 Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount for Fiscal Year 2025 for additional Landscaping and Lighting District administration services in the compensation amount of $36,775, Emergency Medical Services Charge assessment roll preparation services in the amount of $3,775 and Weed Abatement Charge assessment roll preparation services in the amount of $750, collectively Fiscal Year 2025 Special Financing District Administration Services in the total compensation amount of $41,300 pursuant to the attached proposal provided by Francisco and Associates, Inc., as Exhibit “A” dated February 12, 2024 (“Proposal”); 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-toexceed compensation for Fiscal Year 2025 by $41,300 for a total not-to-exceed amount of $88,150 for performance of the scope of services described in the Proposal.
2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
Packet Page 28
2 CITY OF NEWARK FRANCISCO AND ASSOCIATES, 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
Packet Page 29
3 EXHIBIT A
Francisco and Associates, Inc. Proposal for Fiscal Year 2025 Special Financing District Administration Services
dated February 12, 2024
Packet Page 30
Northern California
925-867-3400
Southern California
760-438-5330
franciscoandassociates.com
February 12, 2024
Soren Fajeau
Public Works Director
City of Newark
37101 Newark Boulevard
Newark, CA 94560
Subject: Proposal for FY 2024-25 Special Financing District Administration Services Dear Soren:
Please find enclosed our proposal to provide Special Financing District Administration Services for Fiscal Year (FY) 2024-25. The proposed scope of work for the City’s Landscaping and Lighting Assessment Districts includes attendance at project meetings, development of budgets, preparation of the annual resolutions and staff reports, preparation of Engineer’s Reports in compliance with the Landscape and Lighting Act of 1972 and Proposition 218, preparation of assessment and maintenance diagrams, preparation of the annual levy calculations, placement of assessments on the Alameda County secured property tax roll, and property owner assistance throughout the year. The proposed scope of work for the City’s Emergency Medical Services Charge and Weed Abatement Charges includes placement of the charges on the Alameda County secured property tax roll and property owner assistance throughout the year.
If you have any questions regarding this proposal, please give me a call at (925) 867-3400.
Sincerely,
FRANCISCO & ASSOCIATES
Eduardo Espinoza, P.E.
Principal
Enclosure
Cc: Jayson Imai, City of Newark
Krysten Lee, City of Newark
Gloria Del Rosario, City of Newark
Brian Brown, Francisco & Associates
Packet Page 31
City of Newark Special Financing Districts Proposal
February 12, 2024
franciscoandassociates.com 2
SCOPE OF WORK FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS Francisco & Associates will provide assessment engineering and Fiscal Year (FY) 2024-25 administration services for the City’s Landscaping & Lighting Assessment District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 & 19 and their corresponding 66 Benefit Zones (collectively referred to as “Districts”). The project approach and scope of work includes attendance at project meetings, development of budgets, preparation of the annual resolutions and staff reports, preparation of Engineer’s Reports in compliance with the Landscape and Lighting Act of 1972 and Proposition 218, preparation of assessment and maintenance diagrams, preparation of the annual levy calculations, placement of assessments on the Alameda County (“County”) secured property tax roll, and property owner assistance throughout the year. The specific tasks are outlined as follows.
Task 1 – Project Meetings
Meet with City staff to review scope of work, project schedule, annexations/de-annexations, changes in the number and types of improvements to be maintained for the ensuing fiscal year and discuss compliance of Districts and their assessment methodologies with the Landscape and Lighting Act of 1972 and Proposition 218.
Task 2 – Collect and Review Available Data
Coordinate with City staff and the County auditor’s office to obtain information needed to complete the tasks in this scope of work, such as the District formation documents, annexation documents, assessor’s files, copies of secured rolls, assessment diagrams, budget information, and land use and property characteristics for parcels within the boundaries of each District and each of the benefit zones. To the extent available, the City will also provide improvement plans, HOA information, and inventory of the landscape, streetlights, trees, and other areas maintained by the Districts.
Task 3 – Initiation of the FY 2024-25 Assessment Levies Prepare drafts of the staff report and resolution for the City Council meeting initiating the FY 2024-25 approval process for the Districts. Review the draft staff report and resolution with City staff and revise as needed.
Task 4 – Dissolution of Landscaping & Lighting Assessment District Nos. 6, 10, and 13 If requested by City staff, incorporate narrative regarding dissolution of Landscaping & Lighting Assessment District Nos. 6, 10, and 13 into the staff report(s) and resolutions for the City Council meeting initiating the FY 2024-25 approval process for the Districts.
Task 5 – Prepare Preliminary FY 2024-25 Parcel Databases Establish the parcel databases for the Districts, to include the most current parcel information including property owner name, mailing address, situs address, use code, benefit zone, acreage, frontage, building square footage, units, and any other pertinent parcel attributes that are needed to calculate annual assessments.
Packet Page 32
City of Newark Special Financing Districts Proposal
February 12, 2024
franciscoandassociates.com 3
Task 6 – Update Assessment Diagrams
Update Assessment Diagrams for the Districts to include new parcels that have been created from the prior fiscal year.
Task 7 – Create Geographic Information Systems (GIS) Layers of Improvements Identify all improvements maintained by the Districts and create a GIS layer for each improvement type. The GIS layers will include an attribute table of characteristics that can serve as an asset management tool for the City going forward. F&A will provide the final GIS layers to City staff in their desired format. For streetlights, F&A will assist the City in coordinating with PG&E to obtain the current streetlight layer for the City.
Task 8 – Prepare Maintenance Improvement Diagrams
Based on the GIS layers created per Task 7, prepare Maintenance Improvement Diagrams for each of the Districts. The Maintenance Improvement Diagrams can be included in future Engineer’s Reports as requested by City staff.
Task 9 – Prepare FY 2024-25 Budgets
Coordinate with the City’s Public Works, Finance, and Maintenance departments to prepare FY 2024-25 budget tables for the Districts utilizing the previous fiscal year’s actual expenditures, current fiscal year’s actual expenditures to date, and anticipated cost increases for the ensuing fiscal year. The FY 2024-25 budgets will include and consider maintenance contract costs, utility costs, capital improvement projects, incidental costs (engineering, legal, administration, etc.), City staff time, overhead cost allocations, operating and capital reserves, and fund balances.
Once draft FY 2024-25 budgets are prepared, review with City staff to address comments/questions and determine if changes to existing levels of service are appropriate for the ensuing fiscal year. Incorporate comments and feedback from City staff and obtain approval of the final FY 2024-25 budgets for inclusion in the Engineer’s Reports.
Task 10 - FY 2024-25 Preliminary Engineer's Reports
Based upon the information received at project team meetings, prepare the draft FY 2024-25 Preliminary Engineer’s Reports for the Districts. The draft Preliminary Engineer’s Reports will comply with the requirements of the Landscape and Lighting Act of 1972 and include: a description of improvements, budgets, benefit spread methodologies, assessment district/benefit zone diagrams, maintenance improvement diagrams, and a listing of each parcel’s proposed assessment.
For the Districts that are not exempt from the provisions of Proposition 218, the draft Preliminary Engineer’s Reports will include a benefit analysis supporting the existing method of assessment for the Districts established at the time of formation to strengthen compliance with the statutory provisions outlined in Proposition 218. The benefit analysis for the Districts will include review of the types of improvements maintained, the location of each improvement in relation to properties within the boundaries of the Districts, and how the existing assessment Packet Page 33
City of Newark Special Financing Districts Proposal
February 12, 2024
franciscoandassociates.com 4
methodology allocates the costs to the benefiting properties. For those Districts that are not exempt from, and which are subject to the provisions of Proposition 218, develop a more extensive description that supports the existing method of assessment and how the improvements to be maintained confer special benefits to properties within the Districts and identify the general benefits and quantify the costs associated with the general benefits conferred to the public at large.
Submit the Draft Preliminary Engineer’s Reports to City staff for review and comment. Based upon the comments received from City staff on the Draft Preliminary Engineer’s Reports, prepare the final version of the Preliminary Engineer’s Reports and submit to City staff for City Council approval. The Preliminary Engineer’s Reports will be prepared and signed by one of our on-staff registered Professional Engineers.
Task 11 – Resolutions of Intention and Approval of the Preliminary Engineer’s Reports Prepare drafts of the staff report(s) and resolutions for the City Council meeting regarding acceptance of the Preliminary Engineer’s Reports and adoption of the Resolutions of Intention.
Review the draft staff report(s) and resolutions with City staff and incorporate revisions as needed.
Task 12 – FY 2024-25 Resolution of Intention City Council Meeting If requested, attend the City Council meeting regarding adoption of the Resolutions of Intention and Approval of the Preliminary Engineer’s Reports to assist City staff with questions from City Council and the public.
Task 13 – FY 2024-25 Final Engineer's Reports
Based upon the comments received from City staff and City Council at the City Council meeting referenced in Task 12 above, prepare the Final Engineer’s Reports and submit to the City for City Council approval. The Final Engineer’s Reports will be prepared and signed by one of our on-staff registered Professional Engineers.
Task 14 – Notice of Public Hearing
Prepare the draft Notice of Public Hearing for City staff review and approval. Finalize the Notice of Public Hearing and send it to the City Clerk for publication in the newspaper.
Task 15 - Resolution Approving Final Engineer’s Reports and Authorizing Levy Prepare drafts of the staff report and resolution for the City Council meeting regarding approval of the Final Engineer’s Reports and adoption of the Resolution authorizing the Levy of Assessments. Review the draft staff report and resolution with City staff and incorporate revisions as needed.
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City of Newark Special Financing Districts Proposal
February 12, 2024
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Task 16 – FY 2024-25 Public Hearing
If requested, attend the Public Hearing regarding adoption of the Resolution Approving the Final Engineer’s Reports and authorizing the levying of assessments to assist City staff with questions from City Council and the public.
Task 17 – Prepare Final FY 2024-25 Parcel Databases
In July, obtain a copy of the 2024 closed roll database from the County Assessor. Update the parcel databases for the Districts with the most current parcel information such as: property owner name, mailing address, situs address, use code, benefit zone, acreage, frontage, building square footage, units, and any other pertinent parcel attributes that are needed to recalculate the ensuing year’s assessments. Finalize the FY 2024-25 assessment databases and levy calculations for the Districts.
Task 18 - Filing of FY 2024-25 Engineer’s Reports and Resolutions In accordance with the County’s annual submittal requirements, file the Engineer’s Reports, Assessment Diagrams, and Resolutions authorizing the levy of assessments with the County auditor’s office.
Task 19 – FY 2024-25 Auditor’s Reports
Prepare the annual Auditor's Reports in the County approved format for the Districts. If there are any rejected parcels resulting from the first submittal, research them and resubmit them to the County to ensure the City receives all the assessment revenue to which they are entitled.
Task 20 – FY 2024-25 Final Assessment Rolls
Provide the City with Final Assessment Rolls in electronic format for their records.
Task 21 – Field Property Owner Inquiries
Provide a phone number to be placed on property tax bills and field property owner inquiries throughout the year.
Task 22 – Assist with Expenditure Coding
If requested by City staff, assist City staff with expenditure coding during FY 2024-25 to provide actuals that will streamline the budgeting process going forward.
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City of Newark Special Financing Districts Proposal
February 12, 2024
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SCOPE OF WORK FOR EMERGENCY MEDICAL SERVICES CHARGE
Task 1 – Prepare FY 2024-25 Parcel Database
Develop the City’s Emergency Medical Services database based upon the County’s ensuing year’s closed property tax roll information.
Task 2 – Determine FY 2024-25 Maximum Special Tax Rates Calculate the Emergency Medical Services tax for each taxable parcel located within the City based on the Emergency Medical Services tax formula, provided by the City.
Task 3 – FY 2024-25 Auditor’s Report
Prepare the data in the County’s required electronic format listing the Emergency Medical Services tax for each taxable parcel within the City. Submit the electronic data to the County Auditor’s office for processing. If there are any parcel kick-outs, research the parcels and resubmit them to the County so that they are included on the property tax roll.
Task 4 – FY 2024-25 Final Assessment Roll
Confirm final acceptance of the levies by the County and provide the City with the Final Assessment Roll in electronic format for its records.
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City of Newark Special Financing Districts Proposal
February 12, 2024
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SCOPE OF WORK FOR WEED ABATEMENT CHARGE
Task 1 - Prepare FY 2024-25 Parcel Database
Based upon the Fiscal Year 2024-25 electronic listing of Assessor Parcel Numbers and corresponding levy amounts received from the City, convert the information into the County’s required electronic format.
Task 2 - FY 2024-25 Auditor’s Report
Submit the converted electronic data to the County Auditor’s office for inclusion on the property tax roll. If parcels kick-out, submit the listing of new and old Assessor Parcel Numbers to the City along with a copy of the parcel maps which show the old and new parcels so that the City can recalculate the levy amounts for each new parcel. Resubmit the new parcels and their corresponding levy amounts to the County Auditor’s office in their required electronic format for inclusion on the property tax roll.
Task 3 - FY 2024-25 Final Assessment Roll
Confirm final acceptance of the levies by the County and provide the City with the Final Assessment Roll in electronic format for its records.
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City of Newark Special Financing Districts Proposal
February 12, 2024
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RESPONSIBILITIES OF THE CITY
1) Provide qualified legal counsel to review and approve documents; 2) Review and approve all budgets, staff reports, resolutions, and legal notices; 3) Publish notices of public hearing; and
4) Schedule and place items on the agenda for the required City Council meetings.
FEE SCHEDULE
Francisco & Associates proposes fees for the services listed in this proposal as follows:
Landscape and Lighting Assessment Districts*: Time & Materials not to exceed $36,775 Emergency Medical Services Charge: $3,775 (Lump Sum)
Weed Abatement Charge: $750 (Lump Sum)
* A breakdown of the required hours estimated to complete each task is attached as Appendix A.
The scope of work associated with the annexation of property into existing Landscape and Lighting Assessment Districts or formation of new Landscape and Lighting Assessment Districts is not included in this proposal and will be provided as requested. Also, any additional work requested and authorized by the City will be billed on a time and materials basis (unless a lump sum fee is agreed to by both parties) at the hourly rates shown below.
Reimbursable expenses will be billed in addition to the fees above at cost plus 15% not to exceed $500. Reimbursable expenses include overnight mail, duplication, County Assessor fees, County Recorder fees, County Auditor fees, etc.
F&A Personnel
Classification
Hourly
Rate
Principal/Project Manager $215
Associate Engineer $175
Senior Project Analyst $150
Project Analyst $140
Clerical $75
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City of Newark Special Financing Districts Proposal
February 12, 2024
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APPENDIX A
BREAKDOWN OF REQUIRED HOURS
ESTIMATED TO COMPLETE EACH TASK
The estimate of hours below to perform the tasks outlined in this proposal is for the City’s Landscaping and Lighting Assessment Districts and related Benefit Zones.
Task
Principal/
Project
Manager
Project
Analyst Clerical
Total
Hours
Estimate of
Cost
1 - Project Meetings 4 2 0 6 $1,140.00
2 - Collect and Review Available Data 4 4 0 8 $1,420.00 3 - Initiation of the FY 2023-24 Assessment Levies 2 2 0 4 $710.00 4 - Dissolution of Landscaping and Lighting Assessment Districts 4 0 0 4 $860.00 5 - Prepare Preliminary FY 2024-25 Parcel Databases 4 16 0 20 $3,100.00 6 - Update Assessment Diagrams 2 4 0 6 $990.00
7 - Create Geographic Information Systems (GIS) Layers of Improvements 4 24 0 28 $4,220.00 8 - Prepare Maintenance Improvement Diagrams 4 16 0 20 $3,100.00 9 - Prepare FY 2024-25 Budgets 8 16 0 24 $3,960.00
10 - FY 2024-25 Preliminary Engineer's Reports 16 8 2 26 $4,710.00 11 - Resolutions of Intention and Approval of the Preliminary Engineer’s Reports 4 2 0 6 $1,140.00 12 - FY 2024-25 Resolution of Intention City Council Meeting 4 0 0 4 $860.00 13 - FY 2024-25 Final Engineer's Reports 1 2 2 5 $645.00 14 - Notice of Public Hearing 1 1 0 2 $355.00
15 - Resolutions Approving Final Engineer’s Reports and Authorizing Levy 2 2 0 4 $710.00 16 - FY 2024-25 Public Hearing 4 0 0 4 $860.00
17 - Prepare Final FY 2024-25 Parcel Databases 4 16 0 20 $3,100.00 18 - Filing of FY 2024-25 Engineer’s Reports and Resolutions 1 1 0 2 $355.00 19 - FY 2024-25 Auditor’s Reports 2 2 0 4 $710.00
20 - FY 2024-25 Final Assessment Rolls 1 2 0 3 $495.00
21 - Field Property Owner Inquiries 1 2 0 3 $495.00
22 - Assist with Expenditure Coding 8 8 0 16 $2,840.00
Total Hours: 85 130 4 219
Total Estimate of Cost: $18,275.00 $18,200.00 $300.00 $36,775.00 Projected Hours by Classification
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Item D. 4.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT Adopt a resolution approving a second amendment to the Contractual Services Agreement with Gachina Landscape
Management, Inc. to increase the contractual not-to-exceed amount for additional landscape maintenance services through the term of the contract and amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan
SUMMARY AND RECOMMENDATION
Gachina Landscape Management, Inc. (GLM) entered into a Contractual Services Agreement with the City of Newark in March 2021 for ongoing park and landscape maintenance services, maintenance of City-owned properties and maintenance of Landscaping and Lighting District areas. A prior amendment increased the GLM's scope of services to include some landscape maintenance services at the Newark Civic Center and increased landscape maintenance at medians and roadside landscaped areas. Staff has identified additional immediate and long-term landscape maintenance needs as Landscaping and Lighting District areas continue to expand with new development and other Citywide landscape and irrigation maintenance needs emerge.
Additionally, staff recommends increasing the not to exceed amount of the agreement to account for renewal options that existed under the original agreement.
Staff recommends that the City Council approve Amendment No. 2 to the Contractual Services Agreement with Gachina Landscape Management, Inc. to increase the not-to-exceed amount of the contract by $1,805,000 to $2,675,000 total through Fiscal Year 2026. Staff further recommends an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan.
BACKGROUND
In March 2021, the City awarded a landscape maintenance services Contractual Services Agreement to Gachina Landscape Maintenance, Inc. The original not-to-exceed amount of approximately $250,000 per fiscal year was established for a minimum scope of services that included park and landscape maintenance services, maintenance of City-owned properties, and basic maintenance for many of the Landscaping and Lighting District areas. In June 2023, the City Council approved Amendment No.1 to the Contractual Services Agreement to the total not-to-exceed Packet Page 71
amount to $870,000 through Fiscal Year 2024. Some additional landscape maintenance areas added with the amendment included landscape maintenance services at the Newark Civic Center, increased maintenance in several Landscaping and Lighting Districts, and increased services at street medians and roadside landscape areas. GLM has met expectations over the course of the landscape maintenance contract to date and staff intends to exercise additional renewals under the original contract for service in future years.
DISCUSSION/ANALYSIS
The Maintenance Division would like to add significant immediate additional work for the remainder of Fiscal Year 2024 and substantially increase long-term landscape maintenance under the current contract with GLM. The not-to-exceed amount for the total contract will need to be increased substantially and it is recommended that the adjustment be made now for the projected remainder of the contract term through Fiscal Year 2026. All expenditures in future contract years would be subject to prior budget approval by the City Council.
Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, and 18 are in need of significant repairs to existing mainlines, one-time valve replacements and other significant irrigation repairs. In addition, staff recommends utilizing available Landscaping and Lighting District funds for increased planting, irrigation repair and general improvements within several other existing districts to help beautify the City.
The primary focus areas would be district areas Cherry Street and Central Avenue over the next year or two. The City will be assuming more zones in Landscaping and Lighting District No. 19, requiring an increase in ongoing maintenance needs in that area. The Maintenance Division is also proposing to add irrigation repairs to the current scope of work for the Newark Civic Center, increased wall maintenance on Cedar Boulevard, and all remaining median and wall maintenance throughout the City to the scope of services provided by GLM. In addition, the Maintenance Division experienced a shift in staffing and no longer has the designation required by Department of Agriculture to apply herbicide to minimize ground squirrel activity. To maintain landscaping at a level consistent with City standards, it is necessary to increase the amount of services provided by Gachina Landscape Management, Inc.
The current not-to-exceed amount of the Contractual Services Agreement with GLM needs to be increased for the remainder of the contract term to provide for both immediate and long-term planned landscape maintenance services and to account for the costs associated with the renewal options under the original agreement. Staff recommends approving Amendment No. 2 to the agreement to increase the not-to-exceed amount by $1,805,000 for additional landscape maintenance services through Fiscal Year 2026, resulting in a total contractual not-to-exceed amount of $2,675,000. This increased amount reflects an additional $171,000 in additional work for the remainder of Fiscal Year 2024, anticipated increased baseline budgets of $519,000 for Fiscal Year 2025 and $550,000 for Fiscal Year 2026, and $565,000 in planned increased landscape maintenance, planting, and irrigation repair and improvement work in all City Landscaping and Lighting Districts over the entire remaining contract period. Again, all future year expenditures are subject to prior budget approval by the City Council.
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budget approval by the City Council.
FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan would need to be increased by $202,201 for Fiscal Year 2024 for the immediate services needed. This amount includes $155,201 through the Landscaping and Lighting Districts and an additional $47,000 added to the Park and Landscape operating budget.
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
935_Resolution_Gachina
Amendment 2 to Agreement
GLM CSA and Amendment No. 1
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING AMENDMENT NO. 2 TO THE
CONTRACTUAL SERVICES AGREEMENT WITH GACHINA
LANDSCAPE MANAGEMENT, INC. TO INCREASE THE
TOTAL NOT-TO-EXCEED AMOUNT FOR ADDITIONAL
LANDSCAPING SERVICES AND AMENDMENT OF THE
2022-2024 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN FOR FISCAL YEAR 2024
WHEREAS, the City of Newark awarded a Contractual Services Agreement to Gachina Landscape Management, Inc. in March 2021 for landscape maintenance services; and WHEREAS, the initial not-to-exceed amount for the contract was established at $248,000 for the initial contract period; and
WHEREAS, the First Amendment increased the not-to-exceed amount to $870,000 for additional landscape maintenance services to be provided by Gachina Landscape Maintenance, Inc., including ongoing maintenance at the Newark Civic Center and increased maintenance work in Landscaping and Lighting District Nos. 18 and 19; and WHEREAS, the City has identified a need to amend the Contractual Services Agreement to increase the not-to-exceed amount through Fiscal Year 2026 by $1,805,000 to $2,675,000.
WHEREAS, in order to have additional desired services completed by Gachina Landscape Management during the remainder of the current fiscal year for Landscaping and Lighting District areas and in other park and landscape service areas, the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 requires an update to include an additional appropriation of $155,201 from Landscaping and Lighting District fund balances to contractual services budget and an additional $47,000 appropriated from the Maintenance Cost Center unappropriated fund balance to contractual services budget.
NOW THEREFORE, BE IT RESOLVED that the City Council does hereby approve Amendment No. 2 to the Contractual Services Agreements with Gachina Landscape Management, Inc., to increase the not-to-exceed amount of the Contractual Services Agreement to $2,675,000, 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.
BE IT FURTHER RESOLVED that the City Council does hereby authorize an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 as follows:
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401.60.068.682.6221 LLD01 Contractual Services $ 18,000 402.60.068.682.6221 LLD01 Contractual Services $ 10,000 404.60.068.682.6221 LLD01 Contractual Services $ 20,000 407.60.068.682.6221 LLD01 Contractual Services $ 2,000
411.60.068.682.6221 LLD01 Contractual Services $ 25,000 415.60.068.682.6221 LLD01 Contractual Services $ 1,000
416.60.068.682.6221 LLD01 Contractual Services $ 2,000
417.60.068.682.6221 LLD01 Contractual Services $ 2,000
418.60.068.682.6221 LLD01 Contractual Services $ 47,496 419.60.068.682.6221 LLD01 Contractual Services $ 27,705 4xx.3000 LLDs Unappropriated Fund Balance $155,201
140.60.064.643.6221 Contractual Services $ 47,000
140.3000 Unappropriated Fund Balance $ 47,000
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1 AMENDMENT NO. 2 TO THE
CONTRACTUAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
GACHINA LANDSCAPE MANAGEMENT,
INC.
This Second Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Gachina Landscape Management, Inc., a California corporation ("Consultant") (sometimes referred to as "Parties") dated March 31, 2021 (the “Agreement”), is entered into as of , 2024 for ongoing landscape maintenance services in City lighting and landscape districts, streets, and other City-owned property.
RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of ongoing landscape maintenance services in City lighting and landscape districts, streets, and other City-owned property; and
WHEREAS, Section 27, 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 initially included a not-to-exceed amount of $248,000 per fiscal year; and
WHEREAS, the First Amendment increased the “Not to Exceed” Compensation amount for the anticipated services in Fiscal Year 2024 to $370,000 resulting in a total cumulative not-toexceed amount of $870,000 for the Agreement through Fiscal Year 2024: and WHEREAS, the City has the option to extend the Agreement for up to four additional fiscal years through Fiscal Year 2026; and
WHEREAS, the Parties again desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount for the anticipated services in through Fiscal Year 2026 by $1,805,00 for a cumulative not-to exceed amount of $2,675,000.
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 through Fiscal Year 2026 by $1,805,000 for a cumulative notto-exceed amount of $2,675,000.
2. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.
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2 CITY OF NEWARK GACHINA LANDSCAPE MANAGEMENT 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
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1 FIRST AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT
BETWEEN THE CITY OF NEWARK AND
GACHINA LANDSCAPE MAINTENANCE,
INC.
This First Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and Gachina Landscape Maintenance, Inc., a California corporation ("Consultant") (sometimes referred to as "Parties") dated March 31, 2021 (the “Agreement”), is entered into as of , 2023 for ongoing park and landscape maintenance services at City parks, streets, and other City-owned property, including assessment district properties.
RECITALS
WHEREAS, the Parties executed the Agreement for the purpose of having Consultant perform ongoing park and landscape maintenance services at City parks, streets, and other Cityowned property, including assessment district properties; and WHEREAS, Section 27, 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 initially included a not-to-exceed amount of $248,000 per fiscal year; and
WHEREAS, the City has the option to extend the Agreement for up to four additional fiscal years through Fiscal Year 2026; and
WHEREAS, the Parties again desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount for the anticipated services in Fiscal Year 2024 to $370,000 resulting in a total cumulative not-to-exceed amount of $870,000 for the Agreement through 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 not-to-exceed compensation amount during Fiscal Year 2024 to $370,000 and the total cumulative not-to-exceed compensation to $870,000 for the Agreement through Fiscal Year 2024.
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: AFFC4D3D-6F0C-4816-AC8C-E8D49A701A55 July 12, 2023
C21011
R11522
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2 CITY OF NEWARK GACHINA LANDSCAPE
MAINTENANCE, 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
DocuSign Envelope ID: AFFC4D3D-6F0C-4816-AC8C-E8D49A701A55 H. Jaclyn Ishimaru-Gachina
7/10/2023 6/30/2023
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Item D. 5.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT Adopt a resolution authorizing the City Manager to execute a three-year contract with Siemens Industry, Inc. for fire life safety program support at the Newark Civic Center and at all City-owned facilities
SUMMARY AND RECOMMENDATION
The Maintenance Division of the Public Works Department has contracted with Siemens Industry, Inc. over the past fifteen years to provide fire life safety program support at all City buildings. A new service contract is needed for fire life system program support for the next three years. The existing systems at the Silliman Activity and Family Aquatic Center and at the Newark Civic Center are proprietary and only Siemens Industry, Inc. has the specialized training to maintain and service the systems.
Staff recommends that the City Council authorize the City Manager to execute a three-year contractual services agreement with Siemens Industry, Inc. for fire life safety systems support at the Newark Civic Center and at all City-owned facilities.
BACKGROUND
Over the last fifteen years, Siemens Industry, Inc. has been performing the City's state-mandated fire life safety annually as well as five-year inspections at all City-owned facilities, including Viola Blythe, Community Center, Childcare Annex, Ruschin Fire Station, Second Chance, Old Library, Thornton Fire Station, Service Center, Watkins Hall, Old Fire Station, Sportsfield Restroom, and Cherry Fire Station.
Three years ago the Newark Civic Center, which includes City Hall, Newark Police Station, and Alameda County Library, was added to the scope of services. The scope of services includes fire alarm monitoring services, annual 'Exit' lighting tests and inspections, fire alarm system annual tests and inspections, sprinkler system annual tests, sprinkler system quarterly inspections, private fire service main annual testing and inspection, and ongoing maintenance of all systems.
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 includes funding for the maintenance of the City's fire life safety systems at the Newark Civic Center and at all City-owned facilities. Maintenance of these various systems is essential to reduce the potential consequences of a fire incident such as loss of life or Packet Page 106
property damage. Maintenance also extends the lifespan of the mechanical infrastructure and reduces downtime of the systems.
The City of Newark has had a contract with Siemens Industry, Inc. since the year 2000 for service support of the fire life safety system at Silliman Aquatic Center and since 2021 for Newark Civic Center. Siemens Industry, Inc. has provided excellent support to the City during that time. Siemens Industry, Inc. has provided proposals for complete ongoing support programs at all city-owned facilities over a proposed three-year contract period. The Maintenance Division of the Public Works Department is satisfied with the proposed scope of services and the cost savings associated with efficiently running fire life safety systems.
DISCUSSION/ANALYSIS
Siemens Industry, Inc. has been evaluated by staff as the single source vendor for the proprietary components and a new three-year contract for program support services is recommended. Siemens Industry, Inc. is the only potential service consultant that possesses the unique knowledge, skill and expertise to provide the necessary service support programs.
The proposed annual contract amounts average $48,710 for testing and inspection services for a total of $146,130 over the three-year period. The total ongoing maintenance costs over the three-year period are estimated at $55,000. The total combined costs for testing and inspection services and all maintenance is $201,130.
FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan includes sufficient funding for the remainder of Fiscal Year 2024. Budget recommendations will include sufficient funding for the full scope of services proposed over future fiscal years.
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
Siemens Resolution
Agreement Siemens
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(TCR1)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE A THREE-YEAR CONTRACTUAL SERVICE
AGREEMENT WITH SIEMENS INDUSTRIES, INC. FOR FIRE
LIFE SAFETY PROGRAM SUPPORT AT THE NEWARK CIVIC
CENTER AND AT ALL CITY-OWNED FACILITIES
WHEREAS, the 2022-2024 Biennial Budget and Capital Improvement Plan includes sufficient funding in Fiscal Year 2024 for the renewal of fire life safety program at the Newark Civic Center and at all other City-owned facilities and budget recommendations for future fiscal years will include as part of the regular budget process; and WHEREAS, Siemens Industries, Inc. has successfully provided a service support program for the fire life safety systems at the Newark Civic Center and at all City-owned facilities for more than 15 years; and
WHEREAS, Siemens Industries, Inc. has submitted proposals for a detailed scope of services for the Newark Civic Center and all other City-owned facilities over the next three years that has been reviewed by Maintenance Division staff and determined to satisfy the City’s longterm needs for such support services; and WHEREAS, Siemens Industries, Inc. has proprietary components at several facilities including the Silliman Activity and Family Aquatic Center and the Newark Civic Center; and WHEREAS, per the Newark Municipal Code Chapter 3.04, formal bidding procedures are not required where the City's requirements can be met solely by a single patented article or process or provider; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute a Contractual Services Agreement with Siemens Industries, Inc., in a form approved by the City Attorney, in a total amount not to exceed Two Hundred and Two Thousand Dollars and No/100 Dollars ($202,000) for a period of three years to provide the City with all necessary service support programs for fire life safety systems at the Newark Civic Center and at all City-owned facilities.
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CONTRACTUAL SERVICES AGREEMENT
SIEMENS INDUSTRY, INC. – ALL CITY OWNED FACILITIES
This Service Agreement (hereinafter “Agreement”) is made and entered into on ____________________ by and between the CITY OF NEWARK, a municipal corporation (“City”), and SIEMENS INDUSTRY, 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:
Fire and life safety services for all city owned facilities with mandated system testing; monitoring included for Civic Center.
WHEREAS, in response to City’s request, Consultant submitted a proposal and, after negotiations, Consultant agreed to perform the Services more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.
WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C”, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.
NOW, THEREFORE, the Parties hereto agree as follows:
1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.
2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.
Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.
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3. COMPENSATION.
A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.
Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Two Hundred and Two Thousand and No/100 Dollars ($202,000.00) 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 yearly 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 yearly 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 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 Packet Page 110
written task order approved in advance of the performance thereof. Such task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services. Except to the extent modified by a task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.
5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to this Agreement.
Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its Subconsultants, if any, identified in Exhibit “C”. Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or Subconsultants identified in Exhibit “C”, without the prior written consent of City. All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.
Consultant agrees to include with all Subconsultants in their subcontract the same requirements and provisions of this Agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subconsultant’s work. Subconsultants hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subconsultant further agrees to include these same provisions with any Sub-subconsultant. A copy of this Agreement’s Indemnity and Insurance provisions will be furnished to the Subconsultant upon request. The Consultant shall require all Sub-subconsultants to provide a valid certificate of insurance and the required endorsements included in this Agreement prior to commencement of any Services and will provide proof of compliance to the City.
In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or Subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.
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8. INFORMATION AND DOCUMENTATION.
A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.
B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.
C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product or the confidential information contained in the Work Product, or make it available, to any third party without the prior written consent of City.
9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.
10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.
11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.
Consultant shall perform Services using a standard of care equal to, or greater than, the degree of 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.
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12. RESERVED
13. RESERVED
14. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.
A. Verification of Coverage.
Consultant shall furnish City with original certificates of insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences.
Proof of Insurance shall be mailed to the following address or any subsequent address as may be directed in writing by the City Risk Manager:
CITY OF NEWARK
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.
B. Minimum Scope of Insurance.
Coverage shall be at least as broad as:
1. Insurance Services Office Form Number CG 00 01covering Commercial General Liability on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury; and
2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and
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4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.
C. Minimum Limits of Insurance.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of and Insurance policy or proceeds available to the named Insured; whichever is greater.
Consultant shall maintain limits no less than:
1. General Liability:
(including products and
completed operations,
property damage, bodily
injury, and personal and
advertising injury)
$2,000,000 per occurrence for
bodily injury, personal injury, and
property damage. If a general
aggregate limit applies, either the
general aggregate limit shall apply
separately to this project/location or
the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions
Liability:
$1,000,000 per occurrence or
claim; $2,000,000 aggregate.
D. Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by the City Risk Manager. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City Risk Manager or designee.
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 Packet Page 114
coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.
F. Wasting Policies.
No policy required by this paragraph 14 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).
G. Remedies.
In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
2. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
3. Terminate this Agreement.
H. Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City Risk Manager. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
I. Other Insurance Provisions.
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. Additional Insureds. City, its officers, officials, directors, employees and volunteers (“Additional Insureds”) are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of Consultant; including materials, parts or equipment furnished in connection with such work or operations.
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 Packet Page 115
not be contribute with it. Consultant’s policy will not seek contribution from the City’s insurance or self-insurance.
3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled during the term of this Agreement without notice to City.
4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
6. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.
7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, and volunteers for losses arising from work performed by Consultant for City.
8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 14 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.
9. Variation. The City Risk Manager may approve a variation in these insurance requirements upon a determination that the coverage, scope, limits, and form of such insurance are either not commercially available or that City’s interests are otherwise fully protected. Any variation granted shall be done in writing and shall be made a part of this Agreement as Appendix “A”.
15. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 19, herein below) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.
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16. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subconsultants.
Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established.
An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.
The review, acceptance or approval of Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.
The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.
Consultant/Subconsultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.
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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 January 15, 2024 and shall expire March 14, 2027.
B. Notwithstanding the provisions of paragraph 18 Section A above, City may terminate this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3.
In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder.
19. CONTRACT ADMINISTRATION. This Agreement shall be administered by TONYA CONNOLLY of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.
20. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:
SIEMENS INDUSTRY, INC. CITY OF NEWARK
MEHDI ESKANDAR TONYA CONNOLLY
Consultant Administrator
Address: Siemens Industry, Inc.
Attn: Mehdi Eskandar
46897 Bayside Parkway
Fremont, CA 94538
City of Newark
Attn: Tonya Connolly
37101 Newark Boulevard
Newark, CA 94560
21. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.
22. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
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23. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.
24. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
25. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
26. ASSIGNABILITY. Neither Consultant nor City shall subconsult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.
27. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
28. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.
29. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.
30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
31. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or 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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF NEWARK, SIEMENS INDUSTRY, INC.
a municipal corporation a California corporation
By
David J. Benoun, City Manager
By
Andrew Patton,
Fire Services Sales Manager
Date
Date
Attest:
Sheila Harrington, City Clerk
Date
Approved as to form:
Kristopher J. Kokotaylo, City Attorney
Date
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EXHIBIT A
SCOPE OF SERVICES
Fire alarm monitoring service (Civic Center only)
Annual exit light test and inspection (Civic Center only) Fire alarm system – annual test and inspection
Sprinkler system – annual test and inspection
Sprinkler system – quarterly inspection
Private fire Service mains (hydrants) – annual testing and inspection Sprinkler system (all facilities except Civic Center) – 5-year test in year 1 Packet Page 121
EXHIBIT B
PAYMENT
Payment within 30 days of receipt of yearly invoice as outlined below:
Contract Overview:
City owned facilities including Viola Blythe, Community Center, Community Center Annex, Ruschin Fire, Second Chance, Old Library, Thornton Fire, Service Center, Watkins Hall, Old Fire Station, Sportsfield Restroom, Cherry Fire, Senior Center, and Silliman:
Year 1 contract period – March 15, 2024 through March 14, 2025 - $36,780 Year 2 contract period – March 15, 2025 through March 14, 2026 - $30,252 Year 3 contract period – March 15, 2026 through March 14, 2027 - $31,920 Fiscal Year 24 $12,260.03
Fiscal Year 25 $34,603.97
Fiscal Year 26 $30,807.94
Fiscal Year 27 $21,280.06
Total $98,952.00
Civic Center facilities including City Hall, Library, and Police Station:
Year 1 contract period – January 15, 2024 through January 14, 2025 - $14,892 Year 2 contract period – January 15, 2025 through January 14, 2026 - $15,711 Year 3 contract period – January 15, 2026 through January 14, 2027 - $16,575 Fiscal Year 24 $7,446.00
Fiscal Year 25 $15,301.50
Fiscal Year 26 $16,143.00
Fiscal Year 27 $8,287.50
Total $47,178.00
Estimated Maintenance:
Year 1 maintenance (five-year inspection repairs) - $25,000 Year 2 maintenance - $15,000
Year 3 maintenance - $15,000
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Viola
Blythe
Community
Center
Childcare
Annex
Ruschin
FS29
Second
Chance
Old
Library
Thornton
Fire
Service
Center Watkins
Old Fire
Station
Sportsfield
RR
Cherry
Fire Silliman
Year 1 $1,119.00 $2,517.00 $1,678.00 $979.00 $2,517.00 $979.00 $8,950.00 $2,936.00 $2,239.00 $699.00 $420.00 $420.00 $11,328.00 1-Mar-2024 $93.25 $209.75 $139.83 $81.58 $209.75 $81.58 $745.82 $244.65 $186.55 $58.24 $35.00 $35.00 $944.00 1-Apr-2024 $93.25 $209.75 $139.83 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-May-2024 $93.25 $209.75 $139.83 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-Jun-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 FY24 $373.00 $839.00 $559.31 $326.32 $839.00 $326.32 $2,983.28 $978.63 $746.20 $232.96 $140.00 $140.00 $3,776.00 1-Jul-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-Aug-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-Sep-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-Oct-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-Nov-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.66 $186.55 $58.24 $35.00 $35.00 $944.00 1-Dec-2024 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.65 $186.55 $58.24 $35.00 $35.00 $944.00 1-Jan-2025 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.65 $186.55 $58.24 $35.00 $35.00 $944.00 1-Feb-2025 $93.25 $209.75 $139.82 $81.58 $209.75 $81.58 $745.82 $244.65 $186.55 $58.24 $35.00 $35.00 $944.00 Year 2 $920.00 $2,070.00 $1,380.00 $805.00 $2,070.00 $805.00 $7,363.00 $2,415.00 $1,840.00 $575.00 $345.00 $345.00 $9,319.00 1-Mar-2025 $76.67 $172.51 $115.00 $67.08 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Apr-2025 $76.67 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-May-2025 $76.67 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Jun-2025 $76.67 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 FY25 $1,052.68 $2,368.04 $1,578.56 $920.87 $2,368.00 $920.96 $8,420.88 $2,762.29 $2,105.76 $657.60 $395.00 $395.00 $10,658.32 1-Jul-2025 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Aug-2025 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Sep-2025 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Oct-2025 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Nov-2025 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Dec-2025 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Jan-2026 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 1-Feb-2026 $76.68 $172.51 $115.00 $67.05 $172.50 $67.08 $613.58 $201.26 $153.34 $47.92 $28.75 $28.75 $776.58 Year 3 $971.00 $2,185.00 $1,456.00 $850.00 $2,185.00 $850.00 $7,769.00 $2,547.00 $1,942.00 $607.00 $364.00 $364.00 $9,830.00 1-Mar-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.58 $30.33 $30.33 $819.17 1-Apr-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.58 $30.33 $30.33 $819.17 1-May-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.58 $30.33 $30.33 $819.17 1-Jun-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.58 $30.33 $30.33 $819.17 FY26 $937.12 $2,108.40 $1,405.32 $819.72 $2,108.32 $819.96 $7,498.32 $2,459.08 $1,874.04 $585.68 $351.32 $351.32 $9,489.32 1-Jul-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.33 $30.33 $819.17 1-Aug-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.34 $30.33 $819.17 1-Sep-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.34 $30.33 $819.17 1-Oct-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.34 $30.33 $819.17 1-Nov-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.34 $30.33 $819.17 1-Dec-2026 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.34 $30.33 $819.17 1-Jan-2027 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.34 $30.33 $819.17 1-Feb-2027 $80.92 $182.08 $121.33 $70.83 $182.08 $70.83 $647.42 $212.25 $161.83 $50.60 $30.33 $30.33 $819.17 1-Mar-2027
FY27 $647.36 $1,456.64 $970.64 $566.64 $1,456.64 $566.64 $5,179.36 $1,698.00 $1,294.64 $404.80 $242.70 $242.64 $6,553.36 Siemens Schedule - City Owned Facilities
Packet Page 123
PD City Hall
Newark
Library
Year 1 $5,148.00 $3,900.00 $5,844.00
1-Jan-2024 $429.00 $325.00 $487.00
1-Feb-2024 $429.00 $325.00 $487.00
1-Mar-2024 $429.00 $325.00 $487.00 PD City Hall Library Total 1-Apr-2024 $429.00 $325.00 $487.00 Year 1 $5,148.00 $3,900.00 $5,844.00 $14,892.00 1-May-2024 $429.00 $325.00 $487.00 Year 2 $5,340.00 $4,080.00 $6,291.00 $15,711.00 1-Jun-2024 $429.00 $325.00 $487.00 Year 3 $5,640.00 $4,308.00 $6,627.00 $16,575.00 FY24 $2,574.00 $1,950.00 $2,922.00
1-Jul-2024 $429.00 $325.00 $487.00 FY24 $2,574.00 $1,950.00 $2,922.00 $7,446.00 1-Aug-2024 $429.00 $325.00 $487.00 FY25 $5,244.00 $3,990.00 $6,067.50 $15,301.50 1-Sep-2024 $429.00 $325.00 $487.00 FY26 $5,490.00 $4,194.00 $6,459.00 $16,143.00 1-Oct-2024 $429.00 $325.00 $487.00 FY27 $2,820.00 $2,154.00 $3,313.50 $8,287.50 1-Nov-2024 $429.00 $325.00 $487.00
1-Dec-2024 $429.00 $325.00 $487.00
Year 2 $5,340.00 $4,080.00 $6,291.00
1-Jan-2025 $445.00 $340.00 $524.25
1-Feb-2025 $445.00 $340.00 $524.25
1-Mar-2025 $445.00 $340.00 $524.25
1-Apr-2025 $445.00 $340.00 $524.25
1-May-2025 $445.00 $340.00 $524.25
1-Jun-2025 $445.00 $340.00 $524.25
FY25 $5,244.00 $3,990.00 $6,067.50
1-Jul-2025 $445.00 $340.00 $524.25
1-Aug-2025 $445.00 $340.00 $524.25
1-Sep-2025 $445.00 $340.00 $524.25
1-Oct-2025 $445.00 $340.00 $524.25
1-Nov-2025 $445.00 $340.00 $524.25
1-Dec-2025 $445.00 $340.00 $524.25
Year 3 $5,640.00 $4,308.00 $6,627.00
1-Jan-2026 $470.00 $359.00 $552.25
1-Feb-2026 $470.00 $359.00 $552.25
1-Mar-2026 $470.00 $359.00 $552.25
1-Apr-2026 $470.00 $359.00 $552.25
1-May-2026 $470.00 $359.00 $552.25
1-Jun-2026 $470.00 $359.00 $552.25
FY26 $5,490.00 $4,194.00 $6,459.00
1-Jul-2026 $470.00 $359.00 $552.25
1-Aug-2026 $470.00 $359.00 $552.25
1-Sep-2026 $470.00 $359.00 $552.25
1-Oct-2026 $470.00 $359.00 $552.25
1-Nov-2026 $470.00 $359.00 $552.25
1-Dec-2026 $470.00 $359.00 $552.25
1-Jan-2027
FY27 $2,820.00 $2,154.00 $3,313.50
Contract Overview
Siemens Schedule - Civic Center Plaza
Packet Page 124
EXHIBIT C
QUALIFICATIONS
Siemens has performed maintenance on City-owned facilities for the past 15 years, beginning at Silliman Aquatic Center. Siemens fire safety system was also installed in Civic Center and has been monitored and serviced consistently for the last three years by Siemens. Siemens fire safety systems are proprietary and require specialized training to service.
Siemens Service Agreements for Civic Center and City buildings is attached.
Packet Page 125
PROPOSAL
City of Newark Police, City Hall and New Library FLS Services
PREPARED BY
Siemens Industry, Inc. ("Siemens")
PREPARED FOR
CITY OF NEWARK
DELIVERED ON
January 19, 2024
Packet Page 126
Table of Contents
INTRODUCTION .............................................................................................................. 1 Proposal Information ............................................................................................. 1 Contact Information .............................................................................................. 3 SERVICE SOLUTION......................................................................................................... 4 Building Services – Fire .......................................................................................... 4 Building Services – Sprinkler .................................................................................. 5 Emergency Response Times – Fire & Sprinkler Systems........................................... 6 SERVICE IMPLEMENTATION PLAN .................................................................................... 6 Service Agreement Contract Characteristics............................................................ 6 Service Team- South Bay Team............................................................................... 7 TERMS AND CONDITIONS ............................................................................................... 8 Terms and Conditions ............................................................................................ 8 Agreement Terms for Investments ....................................................................... 10 SIGNATURE PAGE ......................................................................................................... 11 Signature Page .................................................................................................... 11 APPENDICES ................................................................................................................. 12 Fire & Life Safety.................................................................................................. 12 Packet Page 127
Proposal #: 8548616
Date: January 19, 2024
Contact Information
Sales Executive: Mehdi Eskandar
Branch Address: 46897 Bayside Pkwy, Suite 200
Fremont, CA 94538
Telephone: (510) 589-8132
Email Address: [email protected]
Customer Contact: Tonya Connolly
Customer: CITY OF NEWARK
Address: 6800 MOWRY AVE
NEWARK CA 94560
Services shall be provided at: CITY OF NEWARK (Police Station, City Hall and New Library) 37077, 37101, 37055 Newark Blvd, NEWARK CA 94560
Packet Page 128
Building Services – Fire
Services that deliver the outcomes you want to achieve.
Services delivered by Siemens have been developed to help you achieve the outcomes you expect.
Fire Safety industry acronyms used in the following service descriptions:
AHJ – Authority Having Jurisdiction
NFPA – National Fire Protection Association
Manage System Operation & Compliance
Fire Alarm System – Annual Test & Inspection
Siemens will perform the required annual test of the fire alarm system using the locally adopted NFPA 72 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements. Estimate was derived from the equipment quantities provided to Siemens for the purpose of generating this proposal. Should Siemens encounter a variance greater than 3% of the total quantities provided for each site, price adjustments may be needed. The test and inspection of all notification appliances as well as elevator recall testing will be done during a Saturday from 7:30am to 4:30 pm which will be scheduled in advance. All other testing, including duct detectors and HVAC shutdown will be performed during normal business hours (M-F 7:30 am to 4:30 pm) Packet Page 129
Building Services – Sprinkler
Services that deliver the outcomes you want to achieve.
Services delivered by Siemens have been developed to help you achieve the outcomes you expect.
Fire Safety industry acronyms used in the following service descriptions:
AHJ – Authority Having Jurisdiction
NFPA – National Fire Protection Association
Sprinkler System – Annual Test & Inspection
Siemens will perform the annual test and inspection of the fire sprinkler system(s), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements. Be advised Siemens Team will require full unobstructed access to all areas with sprinkler coverage during the during of the visits. Any delays or return visits due to lack of access may need to be billed separately.
Sprinkler System - Quarterly Inspection
Siemens will perform the quarterly test and inspection of the fire sprinkler system(s), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements.
Private Fire Service Mains (Hydrants) - Annual Test & Inspection Siemens will perform the annual test and inspection of the Private Fire Service Main(s) (Hydrants), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements. (1) Annual Exit Light Test and Inspection
We will perform an annual test of Exit Lights by certified specialists using testing protocols specified by NFPA as well as any local guidelines that are required for your facility. Any deficiencies will be noted.
Fire Alarm Monitoring Service (Cellular as Sole Means of Communication) Siemens will coordinate and administer off-site monitoring of your fire alarm and life safety system via Siemens UL Listed Central Monitoring Station. The fire procedures used in monitoring are in accordance with NFPA 72 and local authorities and can only be altered by the Authority Having Jurisdiction. Daily system tests are standard in fire monitoring to ensure the communication path is operational.
Packet Page 130
Emergency Response Times – Fire & Sprinkler Systems
Emergency Onsite Response: Monday through Sunday, 24 Hours per Day Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond onsite within the same business day for critical emergencies, or within 24 hours for non-emergency conditions, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Critical emergencies are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non-emergency conditions are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions may be incorporated into the next scheduled service call.
Service Agreement Contract Characteristics
Description FIRE SPRINKLER
Hours of Coverage 24 x 7 24 x 7
Response Times (Phone/Online) Billable 2 Hours
Response Times (Onsite/Emergency) Billable 4 Hours
Remote Services No No
Third Party Systems No Yes
Monitoring No No
Additional Labor Discount 20.0% 20.0%
Additional Material Discount 25.0% 25.0%
Labor and material discounts are applicable for sites identified in this agreement and are only available for the disciplines included in this agreement.
Packet Page 131
Service Team- South Bay Team
Siemens Industry, Inc. Building Technologies
FIRE SAFETY SYSTEM SERVICE CONTACT INFORMATION
FIRST LINE OF RESPONSE:
To call or schedule Service/ Repair and for Emergencies:
1.866.728.7767
This number is manned by a representative 24/7. Please provide your name, site location, phone number and a brief description of your problem. If your call is received after hours, and is an emergency, the dispatcher will page the on-call technician, who will return your call to discuss the problem. The technician will respond accordingly depending on issue.
If your call is received between 8:00am and 5:00pm, or if your call is received after hours and is not an emergency, the dispatcher below will return your call during normal hours to schedule a repair visit.
Local Service Dispatcher (Service / Repair Calls, logs calls for onsite emergency service) Byron Bradley (866) 728-7767
[email protected]
SECOND LINE OF RESPONSE:
_______________________________________________________________________________________________ Service Department Supervisor Contacts
Use these contacts if you are not receiving the response that you need from the First Line:
Client Service Manager (Execution of Scope of Services Scheduling of Inspections, Operational Requests) Duoc Lai 510-305-6276
[email protected]
Sales Executive, Account Manager (Manage Contract Scope, Pricing Requests, Client Relationship Management)
Packet Page 132
Mehdi Eskandar 510-589-8132
[email protected]
Siemens Monitoring Station (If Applicable)- (866) 552-7823 Terms and Conditions
Terms and Conditions (Click to download)
Terms & Conditions
(www.siemens.com/standard-terms-service)
Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU, CMAI, COMEX market indexes or IHS Markit, then Siemens may increase the applicable yearly Investment or apply a surcharge accordingly.
As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change.
To the extent applicable, the following Rider(s) are incorporated and made part of the Siemens Standard Terms and Conditions:
Riders (Click on rider below to download)
SI Fire Life Safety Rider
(www.siemens.com/rider-fls)
SI Exclusions and Clarifications
(www.siemens.com/rider-clarification)
Packet Page 133
Agreement Terms for Investments
Services shall be provided at:
37077, 37101, 37055 Newark Blvd,
NEWARK, CA 94560
Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the associated terms and conditions contained within.
Duration (Initial Term and Renewal): This Agreement shall remain in effect for an Initial Term of 3 Periods beginning January 15, 2024.
Initial Term Investments:
Police station Period Range Billing Frequency Annual Price 1 Jan15,2024 - Jan14,2025 Annually (In Advance) $5,148.00 2 Jan 15,2025 - Jan14,2026 Annually (In Advance) $5,340.00 3 Jan15,2026 - Jan14,2027 Annually (In Advance) $5,640.00 City Hall Period Range Billing Frequency Annual Price
1 Jan15,2024 - Jan14,2025 Annually (In Advance) $3,900.00 2 Jan 15,2025 - Jan14,2026 Annually (In Advance) $4,080.00 3 Jan15,2026 - Jan14,2027 Annually (In Advance) $4,308.00 Library Period Range Billing Frequency Annual Price
1 Jan15,2024 - Jan14,2025 Annually (In Advance) $5,844.00 2 Jan 15,2025 - Jan14,2026 Annually (In Advance) $6,291.00 3 Jan15,2026 - Jan14,2027 Annually (In Advance) $6,627.00 Amount Due In Advance Based On Billing Frequency
There is a 1% charge to increase the billing frequency to semi-annually in advance, or a 2% charge to increase the frequency to quarterly in advance or 2.5% to increase frequency to monthly in advance. The pricing quoted in this Proposal are firm for 30 days.
Packet Page 134
Signature Page
The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter.
BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER.
Initial Term Investments
Period Period Range Billing Frequency Annual Price
1 Jan 15,2024 - Jan 14,2025 Annually (In Advance) $14,892.00 2 Jan 15,2025 - Jan 14,2026 Annually (In Advance) $15,711.00 3 Jan 15,2026 - Jan 14,2027 Annually (In Advance) $16,575.00 Proposed by: Accepted by:
Siemens Industry, Inc.
______________________________________
Company
CITY OF NEWARK
_____________________________________
Company
Mehdi Eskandar
______________________________________
Name
_____________________________________
Name (Printed)
8548616
______________________________________
Proposal #
_____________________________________
Signature
$47,178.00
______________________________________
Proposal Amount
_____________________________________
Title
January 19, 2024
______________________________________
Date
_____________________________________
Date
_____________________________________
Purchase Order # ⬜ PO for billing/pmnt only ⬜ PO not required Packet Page 135
Fire & Life Safety
Packet Page 136
Signature
Presented to:
CITY OF NEWARK
January 19, 2024, 4:34:36 AM
Accepted by:
Printed Name
Signed Name
Title
Date
Packet Page 137
PROPOSAL
City of Newark Multi-Site FLS (Fire Alarm & Sprinkler) Services
PREPARED BY
Siemens Industry, Inc. ("Siemens")
PREPARED FOR
CITY OF NEWARK
DELIVERED ON
January 18, 2024
Packet Page 138
Table of Contents
INTRODUCTION .............................................................................................................. 1 Proposal Information ............................................................................................. 1 Contact Information .............................................................................................. 3 SERVICE SOLUTION......................................................................................................... 4 Building Services – Fire .......................................................................................... 4 Building Services – Sprinkler .................................................................................. 5 Emergency Response Times – Fire & Sprinkler Systems........................................... 6 SERVICE IMPLEMENTATION PLAN .................................................................................... 6 Service Agreement Contract Characteristics............................................................ 6 Service Team- South Bay Team............................................................................... 7 Service Location Chart ........................................................................................... 8 TERMS AND CONDITIONS ............................................................................................... 8 Terms and Conditions ............................................................................................ 8 Agreement Terms for Investments ....................................................................... 10 SIGNATURE PAGE ......................................................................................................... 11 Signature Page .................................................................................................... 11 APPENDICES ................................................................................................................. 12 Fire & Life Safety.................................................................................................. 12 Packet Page 139
Proposal #: 8539921
Date: January 18, 2024
Contact Information
Sales Executive: Mehdi Eskandar
Branch Address: 46897 Bayside Pkwy, Suite 200
Fremont, CA 94538
Telephone: (510) 589-8132
Email Address: [email protected]
Customer Contact: Tonya Connolly
Customer: CITY OF NEWARK
Address: 6800 MOWRY AVE
NEWARK CA 94560
Services shall be provided at: CITY OF NEWARK (14 Buildings Citywide- listed in service location chart)
6800 MOWRY AVE NEWARK CA 94560
Packet Page 140
Building Services – Fire
Services that deliver the outcomes you want to achieve.
Services delivered by Siemens have been developed to help you achieve the outcomes you expect.
Fire Safety industry acronyms used in the following service descriptions:
AHJ – Authority Having Jurisdiction
NFPA – National Fire Protection Association
Manage System Operation & Compliance
Fire Alarm System – Annual Test & Inspection
Siemens will perform the required annual test of the fire alarm system using the locally adopted NFPA 72 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements. Estimate was derived from the equipment quantities provided to Siemens for the purpose of generating this proposal. Should Siemens encounter a variance greater than 3% of the total quantities provided for each site, price adjustments may be needed.
Packet Page 141
Building Services – Sprinkler
Services that deliver the outcomes you want to achieve.
Services delivered by Siemens have been developed to help you achieve the outcomes you expect.
Fire Safety industry acronyms used in the following service descriptions:
AHJ – Authority Having Jurisdiction
NFPA – National Fire Protection Association
Sprinkler System – Annual Test & Inspection
Siemens will perform the annual test and inspection of the fire sprinkler system(s), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements. Be advised Siemens Team will require full unobstructed access to all areas with sprinkler coverage during the during of the visits. Any delays or return visits due to lack of access may need to be billed separately.
Sprinkler System - Quarterly Inspection
Siemens will perform the quarterly test and inspection of the fire sprinkler system(s), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements.
Private Fire Service Mains (Hydrants) - Annual Test & Inspection Siemens will perform the annual test and inspection of the Private Fire Service Main(s) (Hydrants), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying local code and AHJ requirements.
Sprinkler System – 5 Year Test & Inspection- In year 1 only Siemens will perform the 5 year test and inspection of the fire sprinkler system(s), using the locally adopted NFPA 25 edition's recommended methods as guidelines. Siemens will provide the necessary documentation to aid in satisfying AHJ requirements.
Packet Page 142
Emergency Response Times – Fire & Sprinkler Systems
Emergency Onsite Response: Monday through Sunday, 24 Hours per Day Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and respond onsite within the same business day for critical emergencies, or within 24 hours for non-emergency conditions, Monday through Sunday, 24 hours per day, including Holidays, upon receiving notification of an emergency. Critical emergencies are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non-emergency conditions are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions may be incorporated into the next scheduled service call.
Service Agreement Contract Characteristics
Description FIRE SPRINKLER
Hours of Coverage 24 x 7 24 x 7
Response Times (Phone/Online) Billable 2 Hours
Response Times (Onsite/Emergency) Billable 4 Hours
Remote Services No No
Third Party Systems No Yes
Monitoring No No
Additional Labor Discount 20.0% 20.0%
Additional Material Discount 25.0% 25.0%
Labor and material discounts are applicable for sites identified in this agreement and are only available for the disciplines included in this agreement.
Packet Page 143
Service Team- South Bay Team
Siemens Industry, Inc. Building Technologies
FIRE SAFETY SYSTEM SERVICE CONTACT INFORMATION
FIRST LINE OF RESPONSE:
To call or schedule Service/ Repair and for Emergencies:
1.866.728.7767
This number is manned by a representative 24/7. Please provide your name, site location, phone number and a brief description of your problem. If your call is received after hours, and is an emergency, the dispatcher will page the on-call technician, who will return your call to discuss the problem. The technician will respond accordingly depending on issue.
If your call is received between 8:00am and 5:00pm, or if your call is received after hours and is not an emergency, the dispatcher below will return your call during normal hours to schedule a repair visit.
Local Service Dispatcher (Service / Repair Calls, logs calls for onsite emergency service) Byron Bradley (866) 728-7767
[email protected]
SECOND LINE OF RESPONSE:
_______________________________________________________________________________________________ Service Department Supervisor Contacts
Use these contacts if you are not receiving the response that you need from the First Line:
Client Service Manager (Execution of Scope of Services Scheduling of Inspections, Operational Requests) Duoc Lai 510-305-6276
[email protected]
Sales Executive, Account Manager (Manage Contract Scope, Pricing Requests, Client Relationship Management)
Packet Page 144
Mehdi Eskandar 510-589-8132
[email protected]
Siemens Monitoring Station (If Applicable)- (866) 552-7823 Service Location Chart
Services
performed
Viola
Blythe
Community
Center
Childcare
Annex
Ruschin
Fire #29
Second Chance
(Homeless Shelter
Old Library - 6300 Civic
Terrace Ave
Fire Alarm
System
Yes Yes Yes Yes Yes Yes
Sprinkler
System
Testing
No No Yes Yes Yes Yes
Monitoring No No No No No No
Services
performed Fire Station 1
Service Center/
Maintenance
Yard
Watkins
Hall Old Fire Station Sportsfield Restroom Cherry Fire Station #3 Fire Alarm System Yes Yes Yes Yes Yes Yes
Sprinkler System
Testing Yes Yes No No Yes Yes
Monitoring No No No No No No
Services performed Senior Center Silliman Center
Fire Alarm System no (or need
counts) Yes
Sprinkler System
Testing Yes Yes
Monitoring No Yes
Terms and Conditions
Terms and Conditions (Click to download)
Terms & Conditions
(www.siemens.com/standard-terms-service)
Packet Page 145
Price Escalation. If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU, CMAI, COMEX market indexes or IHS Markit, then Siemens may increase the applicable yearly Investment or apply a surcharge accordingly.
As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change.
To the extent applicable, the following Rider(s) are incorporated and made part of the Siemens Standard Terms and Conditions:
Riders (Click on rider below to download)
SI Fire Life Safety Rider
(www.siemens.com/rider-fls)
SI Exclusions and Clarifications
(www.siemens.com/rider-clarification)
Packet Page 146
Agreement Terms for Investments
Services shall be provided at:
6800 MOWRY AVE
NEWARK, CA 94560
Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the associated terms and conditions contained within.
Duration (Initial Term and Renewal): This Agreement shall remain in effect for an Initial Term of 3 Periods beginning March 15, 2024. If term is reduced to less than 36 months, Siemens will need to adjust price by an additional 14%.
Initial Term Investments:
Period Period Range Billing Frequency Annual Price
1 March 15,2024 - March 14,2025 Annually (In Advance) $36,780.00 2 March 15,2025 - March 14,2026 Annually (In Advance) $30,252.00 3 March 15,2026 - March 14,2027 Annually (In Advance) $31,920.00 Amount Due In Advance Based On Billing Frequency
There is a 1% charge to increase the billing frequency to semi-annually in advance, or a 2% charge to increase the frequency to quarterly in advance or 2.5% to increase frequency to monthly in advance. The pricing quoted in this Proposal are firm for 30 days.
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Signature Page
The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Standard Terms and Conditions of Sale for Services, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter.
BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS INDUSTRY, INC. OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER.
Initial Term Investments
Period Period Range Billing Frequency Annual Price
1 March 15,2024 - March 14,2025 Annually (In Advance) $36,780.00* 2 March 15,2025 - March 14,2026 Annually (In Advance) $30,252.00* 3 March 15,2026 - March 14,2027 Annually (In Advance) $31,920.00* Proposed by: Accepted by:
Siemens Industry, Inc.
______________________________________
Company
CITY OF NEWARK
_____________________________________
Company
Mehdi Eskandar
______________________________________
Name
_____________________________________
Name (Printed)
8539921
______________________________________
Proposal #
_____________________________________
Signature
$98,952.00
______________________________________
Proposal Amount
_____________________________________
Title
January 18, 2024
______________________________________
Date
_____________________________________
Date
_____________________________________
Purchase Order # ⬜ PO for billing/pmnt only ⬜ PO not required Packet Page 148
Fire & Life Safety
Packet Page 149
Signature
Presented to:
CITY OF NEWARK
January 18, 2024, 4:07:54 PM
Accepted by:
Printed Name
Signed Name
Title
Date
Packet Page 150
Item F. 1.
DATE 03/28/2024
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT Waive full reading and introduce by title only an ordinance repealing and replacing Chapter 15.40 Construction In Flood Hazard Areas of Title 15 of the Newark Municipal Code to align with the updated FEMA National Flood Insurance Program
requirements
SUMMARY AND RECOMMENDATION
Newark Municipal Code Chapter 15.40, Construction in Flood Hazard Areas, in combination with flood protection provisions of the 2022 California Building Standards, governs all proposed development and construction located within flood hazard areas identified by the Federal Emergency Management Agency (FEMA). Over the last several years, FEMA has updated the location of specific flood proofing requirements within various chapters of the 2022 California Building Standards. As a result, the City's current flood plain ordinance has become outdated according to the National Flood Insurance Program (NFIP) administered by FEMA. The proposed ordinance would amend the Newark Municipal Code to align entirely with the new FEMA requirements for local jurisdictions. The modifications to the Newark Municipal Code will not have a significant impact on the requirements applied to property owners for construction in these areas.
Staff recommends that the City Council waive full reading and, by title only, introduce an ordinance to repeal and replace chapter 15.40 Construction in Flood Hazard Areas of the Newark Municipal Code.
BACKGROUND
The City of Newark's current floodplain management requirements reside in Newark Municipal Code Chapter 15.40, Construction in Flood Hazard Areas. The requirements in this code section, combined with the flood protection provisions of the adopted 2022 California Building Standard Code govern all development and construction within the flood hazard areas of the City, as those areas are identified by FEMA on applicable Flood Insurance Rate Maps. The purpose and intent of these regulations is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in these flood hazard areas by establishing comprehensive regulations for floodplain management. A Packet Page 151
critical element of these regulations is flood resistant construction or "flood proofing" which refers to a specific set of requirements for the placement and elevation of various types of structures, foundation design, the type of methods and materials utilized for construction, and other related requirements.
Over the last several years, FEMA has updated and moved the language and requirements for flood proofing and construction in floodplains into the 2021 International Building Code (IBC) which is the model code upon which the 2022 California Building Standards were created by the State of California. While the City Council previously adopted the 2022 California Building Standards by reference, the updated requirements and specific locations of those requirements for flood proofing and construction in floodplains within the IBC were not included as part of that action as there are appendix chapters and supplemental documentation requiring additional documentation, findings, and ordinance updates. The proposed ordinance would bring the City up to date with the current requirements by adding language to help safeguard property and loss due to flooding, which includes an increase in the freeboard (the floor elevation above existing grade) height and other methods found in American Society of Engineers, Title 24. When the upcoming 2025 California Building Standards are published, the City can further adopt the required updates, appendices, and supplemental documentation at that time. The proposed ordinance identifies the language required to use portions of the 2022 California Building Standards and the process to implement the flood proofing requirements required by NFIP.
DISCUSSION/ANALYSIS
Currently, Newark Municipal Code Chapter 15.40, Construction in Flood Hazard Areas, contains language that is enforced for flood damage reduction but does not align with the requirements of flood proofing found within either the International Building Code or the 2022 California Building Standards. The proposed ordinance is the model ordinance recommended by FEMA to meet the new requirements and would align with the specific code sections where flood proofing language is contained within the 2022 California Building Standards, as previously adopted by the City Council. The City enforces NFIP requirements in the 2022 California Building Standards. Some of the modifications required by FEMA include a revised process for enforcement of the review and approval for work within the flood hazard areas. In addition, the specific location of the requirements for the minimum standards of construction within the flood hazard areas needs to align with FEMA requirements.
While these modifications are necessary as a general benefit to update Chapter 15.40 for consistency with FEMA requirements and the 2022 California Building Standards, there is very little practical impact for Newark property owners and developers. The flood proofing requirements of the building codes do not change as those were previously enforceable through the 2022 California Building Standards. The proposed revisions to Chapter 15.40 do also outline a revised process for enforcement and appeals, which shifts the requirements for appeals from the Floodplain Administrator to an ad-hoc Committee. This change was done in order to ensure that there will be an unbiased body for final decisions on enforcing requirements.
The proposed text amendments for Newark Municipal Code Chapter 15.40, Packet Page 152
The proposed text amendments for Newark Municipal Code Chapter 15.40, Construction in Flood Hazard Areas, are provided as Exhibit A to the proposed ordinance. A redlined version of the code modifications is provided as Attachment 1.
FISCAL IMPACT
There is no direct fiscal impact as a result of updating the Construction in Flood Areas chapter of the Newark Municipal Code. The City's costs related to the implementation of the ordinance would be recovered through the building permit fees in the current Master Fee Schedule.
REVIEW AND APPROVAL
Prepared by - Matthew Farrell, Chief Building Official
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
Floodplain Ordinance
Exhibit A
Attachment 1 Redline Ordinance
Packet Page 153
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK
REPEALING AND REPLACING IN ITS ENTIRETY NEWARK MUNICIPAL CODE CHAPTER 15.40 TO ADOPT A NEW CONSTRUCTION IN FLOOD HAZARD AREAS; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND FOR OTHER PURPOSES
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Newark (the “City”) and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City was accepted for participation in the National Flood Insurance Program in June 1978 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and
WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.
THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:.
SECTION 1. Recitals.
The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. Municipal Code Amendment.
Newark Municipal Code Chapter 15.40, Construction in Flood Hazard Areas, is repealed and replaced in its entirety as contained in Exhibit A, attached hereto and incorporated herein.
SECTION 3. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Newark hereby declares that it would have passed each section, subsection, subdivision, Packet Page 154
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4. CEQA.
Approval of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 5. Publication and effective date.
Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Newark, in accordance with California Government Code Section 36933.
This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
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Exhibit A
CHAPTER 15.40 – CONSTRUCTION IN FLOOD HAZARD AREAS
15.40.010 - Title.
These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), shall be known as the Floodplain Management Regulations of City of Newark (hereinafter “these regulations”).
15.40.011 - Statutory authority.
Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
15.40.012 - Scope.
The provisions of these regulations, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in 15.40.022 of these regulations.
15.40.013 – Purposes and objectives.
The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
A. Minimize unnecessary disruption of commerce, access, and public service during times of flooding.
B. Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
C. Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain.
D. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
E. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
F. Contribute to improved construction techniques in the floodplain.
G. Minimize damage to public and private facilities and utilities.
H. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
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I. Minimize the need for rescue and relief efforts associated with flooding.
J. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
K. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
L. Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
15.40.014 - Coordination with California Building Standards Code.
Pursuant to the requirement established in State statute that the City of Newark administer and enforce the California Building Standards Code, the city council of City of Newark hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.
15.40.015 - Warning.
The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur. Flood heights may be increased by man-made or natural causes.
Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these regulations.
15.40.016 - Disclaimer of liability.
These regulations shall not create liability on the part of city council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
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15.40.017 - Other laws.
The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.
15.40.018 - Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
15.40.020 GENERAL APPLICABILITY
15.40.021 - General applicability.
These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
15.40.022 - Establishment of flood hazard areas.
The Flood Insurance Study for Alameda County, California and Incorporated Areas dated February 22, 1974 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the Building Inspection Division, City Hall, 37101 Newark Blvd., Newark Ca 94560.
15.40.023 - Interpretation.
In the interpretation and application of these regulations, all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
Packet Page 158
15.40.030 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
15.40.031 - Designation.
The Chief Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
15.40.032 - General authority.
The Floodplain Administrator is authorized and directed to administer and enforce these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 107 of these regulations. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.
15.40.033 - Coordination.
The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to 15.40.035 of these regulations.
15.40.034 - Duties.
The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:
A. Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
B. Review all applications and plans for development in flood hazard areas for compliance with these regulations.
C. Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
Packet Page 159
D. Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.
E. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
F. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
G. Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
H. Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants.
I. Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 107 of these regulations.
J. Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
K. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
L. Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
M. Inspect development in accordance with Article 106 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
N. Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 107 of these regulations.
O. Cite violations in accordance with Article 108 of these regulations.
P. Notify FEMA when the corporate boundaries of City of Newark have been modified and provide a map and legal description of the changes in the corporate boundaries.
15.40.035 - Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
Packet Page 160
A. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.
C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
D. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
15.40.036 – Department records.
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.
15.40.040 PERMITS FOR FLOODPLAIN DEVELOPMENT
15.40.041. - Permits required.
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.
Packet Page 161
15.40.042 - Application for permit.
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
A. Identify and describe the development to be covered by the permit.
B. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
C. Indicate the use and occupancy for which the proposed development is intended.
D. Be accompanied by a site plan and construction documents as specified in Article 105 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
E. State the valuation of the proposed work.
F. Be signed by the applicant or the applicant's authorized agent.
G. Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.
15.40.043 - Validity of permit.
The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.
15.40.044 - Other permits required.
The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to:
A. California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).
B. California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
15.40.045 - Expiration.
A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested Packet Page 162
in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
15.40.046. - Suspension or revocation.
The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.
15.40.047 - Appeals of decisions.
When it is alleged there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the City Manager by filing a written appeal setting forth the reasons of the appeal.
15.40.050 SITE PLANS AND CONSTRUCTION DOCUMENTS
15.40.051 - Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
A. Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development.
B. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with 15.40.052 or
15.40.053 of these regulations.
C. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with 15.40.052(B) of these regulations.
D. Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures.
E. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
F. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
G. Extent of any proposed alteration of sand dunes, provided such alteration is approved by the California Coastal Commission or certified Local Coastal Program, if applicable.
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H. Existing and proposed alignment of any proposed alteration of a watercourse.
15.40.052. - Information in flood hazard areas without base flood elevations (approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to require one of the following:
A. Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices.
Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
B. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
C. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
1. Require the applicant to include base flood elevation data in accordance with
15.40.052(A) of these regulations; or
2. Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet.
D. Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.
15.40.053 - Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these regulations, the applicant shall have the following analyses signed and sealed by a qualified professional engineer for submission with the site plan and construction documents:
A. For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in 15.40.054 of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents.
B. For development activities proposed to be located in a riverine flood hazard area where Packet Page 164
base flood elevations are included in the effective Flood Insurance Study or on the effective FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
C. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in 15.40.054 of these regulations. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.
D. For activities that propose to alter sand dunes in coastal high hazard areas (Zone V/VE) and Coastal A Zones, an engineering analysis that demonstrate the proposed alteration will not increase the potential for flood damage.
15.40.054 - Submission of additional data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
15.40.060 INSPECTIONS
15.40.061 - Inspections, in general.
Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
15.40.062 - Inspections of development other than buildings and structures.
The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard Packet Page 165
areas from time to time to determine when development is undertaken without issuance of a permit.
15.40.063 - Inspections of manufactured homes installations.
The Floodplain Administrator shall make or cause to be made, inspections of installation, replacement, substantial improvements of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in
15.40.141 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.
15.40.064 - Buildings and structures.
The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
A. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official. For new or substantially improved non-residential buildings and structures, FEMA’s floodproofing certification should be required prior to final inspection.
B. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official.
15.40.070 VARIANCES
15.40.071 - Nature of variances.
The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.
It is the duty of the city council to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited.
Therefore, the variance requirements in these regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
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15.40.072 – Variances; general.
The Floodplain Ad-hoc Committee which consists of the Community Development Director, the City Engineer and the Chair of the planning Commission, or their designees, shall hear and decide requests for variances from the strict application of these regulations.
15.40.073 - Limitations on authority.
The Floodplain Ad-hoc Committee shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator and Building Official, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.
15.40.074 - Records.
The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance, and report such variances issued to the Federal Emergency Management Agency upon request.
15.40.075 - Historic structures.
A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic structure, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code in conjunction with the provisions of this Ordinance.
15.40.076 - Restrictions in floodways.
A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in 15.40.053 (A) of these regulations.
15.40.077 - Functionally dependent uses.
A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part
2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.
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15.40.078 - Agricultural structures.
A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:
A. A determination has been made that the proposed agricultural structure:
1. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
2. Has low damage potential.
3. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
4. Is not located in a coastal high hazard area (Zone V/VE), except for aquaculture structures dependent on close proximity to water.
5. Complies with the wet floodproofing construction requirements of 15.40.078 (B), below.
B. Wet floodproofing construction requirements.
1. Anchored to resist flotation, collapse, and lateral movement.
2. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.
3. Flood damage-resistant materials are used below the base flood elevation.
4. Mechanical, electrical, and utility equipment are elevated above the base flood elevation.
5. FEMA’s floodproofing certificate is required for new or substantially improved agricultural structures.
15.40.079 - Considerations for issuance of variances.
In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of these regulations and the building code, as applicable, and the following shall be considered:
A. The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
D. The importance of the services provided by the proposed development to the community.
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E. The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
F. The compatibility of the proposed development with existing and anticipated development.
G. The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
H. The safety of access to the property in times of flood for ordinary and emergency vehicles.
I. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site.
J. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
K. Necessity to the facility of a waterfront location, where applicable.
L. Variances shall not be issued within any effective regulatory floodway if any increase in flood levels during the base flood discharge would result.
M. Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structure constructed below the design flood level, providing that the procedures of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
15.40.080 - Conditions for issuance of variances. Variances shall only be issued upon:
A. Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
B. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.
D. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the design flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the design flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.
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15.40.090 VIOLATIONS
15.40.091 - Violations.
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted.
Violation of the requirements shall constitute a misdemeanor.
15.40.092 - Authority.
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.
15.40.093 - Unlawful continuance.
Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.
15.40.100 DEFINITIONS
15.40.101 - General.
The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.
15.40.102 - Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used A. solely for the parking of no more than 2 cars; or
B. A small, low cost shed for limited storage, less than 150 square feet and $1,500 in value.
“Agricultural Structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools Packet Page 170
or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.
“Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. “ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
“Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]
“Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.] "Breakaway walls" are any type of walls, could be solid or lattice, and or constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building. A breakaway wall shall be designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used, or any buildings to which they might be carried by flood waters.
A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by California Civil Engineer and small meet the following conditions:
A. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
B. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
“Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
A. Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
B. Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
C. Part 10, applicable to existing buildings (as defined in that code).
D. Other specified codes.
“Coastal A Zone” means a special flood hazard area, landward of a V zone or landward of an open coast without mapped coastal high hazard areas. In a coastal A zone, the principal source of flooding must be astronomical tides, storm surges, seiches or tsunamis, not riverine flooding.
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During the base flood conditions, the potential for breaking wave height shall be greater than or equal to 1 ½ feet (457 mm). The inland limit of the coastal A zone is (a) the Limit of Moderate Wave Action if delineated on a FIRM, or (b) designated by the authority having jurisdiction. [Also defined in CCR Title 24 Part 2.]
”Coastal high hazard area” means the area within the special flood hazard area extending from offshore to the inland limit of a primary dune along an open coast and any other area that is subject to high-velocity wave action from storms or seismic sources, and shown on a Flood Insurance Rate Map (FIRM) or other flood hazard map as velocity Zone V, VO, VE or V1-30. [Also defined in CCR Title 24 Part 2.]
“Design flood” means the flood associated with the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
A. Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.
B. Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.]
“Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. “Encroachment” means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before July 14th, 1988
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the Packet Page 172
manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
A. The overflow of inland or tidal waters.
B. The unusual and rapid accumulation or runoff of surface waters from any source.
C. Mudslides (i.e., mudflows) which are proximately caused by flooding.
“Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.] “Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
A. The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
B. The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
”Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data. [Also defined in CCR Title 24 Part 2.]
“Floodplain Administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (not to exceed one foot, as set by the National Flood Insurance Program.) [Also defined in CCR Title 24 Part 2.] "Fraud or victimization" means, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, Packet Page 173
and suffering.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. "Historic structure" means any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the Interior or directly by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved program. “Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
1. Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations and the standards set forth by Title 44 Code of Federal Regulation Sections 59,60,65, and 70
4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.
“Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
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A. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
B. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
C. Available with special features enabling off-street or off-highway operation and use.
“Limit of Moderate Wave Action (LiMWA)” means a line shown on FIRMs to indicate the inland extent of the 1 1/2-foot breaking wave height during the base flood. [Also defined in CCR Title 24 Part 2.]
“Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a). For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
“New construction”, for floodplain management purposes, means structures for which the “start of construction” commenced on or after June 1978 and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after June 1978.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
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“Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be selfpropelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.]
“Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]
“Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial Packet Page 176
improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.]
A. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
B. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
“Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
“Variance” means a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.
“Violation” means a development that is not fully compliant with these regulations or the flood provisions of the building code, as applicable.
“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
15.40.110 FLOOD RESISTANT DEVELOPMENT FOR BUILDINGS AND STRUCTURES
15.40.111 - Requirements for buildings and structures in flood hazard areas.
Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code and the floodplain development requirements of this Ordinance.
15.40.112 – Detached garages and accessory storage structures.
Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:
A. Detached garages and accessory storage structures, with the exception of small, low cost sheds as defined in 15.40.102, are one story and not larger than 600 square feet in area when located in special flood hazard areas other than coastal high hazard areas.
B. All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in
15.40.102 of this ordinance. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
C. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
D. Have flood openings in accordance with the building code.
E. Have flood damage-resistant materials used below the base flood elevation.
F. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.
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G. ) The accessory structure or detached garage must comply with floodplain encroachment provisions in 15.40.134
15.40.113 - Utility and Miscellaneous Group U.
Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
A. New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood.
B. New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24.
C. Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
D. When fully enclosed by walls, flood openings shall be installed in accordance with ASCE
24. E. Flood damage-resistant materials shall be used below the design flood elevation.
F. Mechanical, plumbing, heating/cooling, ventilation and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.
15.40.120 SUBDIVISIONS
15.40.121 - Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
A. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
B. All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with 15.40.132 and 15.40.133 of these regulations, as applicable, and appropriate codes.
C. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
15.40.122 - Subdivision requirements. In addition to the requirements of 15.40.121 of these regulations, where any portion of proposed subdivisions, including proposals for manufactured Packet Page 178
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
A. The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, as appropriate, shall be delineated on preliminary subdivision plats.
B. Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with 15.40.052 (A) of these regulations.
C. When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a California Licensed Land Surveyor or Civil Engineer
15.40.130 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS
15.40.131 - Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
A. Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
B. Where the proposed development has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with 15.40.052 (A) of these regulations.
C. All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage.
D. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.
15.40.132 - Sanitary sewer facilities.
All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.
15.40.133 - Water supply facilities.
All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.
15.40.134 - Development in floodways.
Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in 15.40.053 (A) of these regulations demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.
15.40.135 - Limitations on placement of fill.
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Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of 15.40.054 of these regulations.
14.40.136 Location and fill in coastal high hazard areas (Zone V/VE) and Coastal A Zones.
In coastal high hazard areas and Coastal A Zones:
A. New buildings shall only be authorized landward of the reach of mean high tide.
B. The use of fill for structural support of buildings is prohibited.
15.40.137 - Nonstructural fill or alteration of sand dunes in coastal high hazard areas Zone V/VE and Coastal A Zones.
Nonstructural fill or alteration of sand dunes in coastal high hazard areas (Zone V/VE) and Coastal A Zones shall be permitted only when authorized by appropriate federal, state or local authorities. Where permitted, such fill or alterations shall comply with the following, as applicable:
A. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping, and for drainage purposes under and around buildings.
B. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only when an analysis prepared by a qualified registered design professional demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.
C. Alteration of sand dunes shall be permitted only when the engineering analysis required by 15.40.053 (D) of these regulations demonstrates that the proposed alteration will not increase the potential for flood damage.
D. Sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection when the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.
15.40.138 - Other site improvements in coastal high hazard areas (Zone V/VE) and Coastal A Zones.
Development and site improvement activities other than buildings and structures, where located in coastal high hazard areas (Zone V/VE) and Coastal A Zones, shall be permitted only when authorized by appropriate federal, state or local authorities. In addition, development and site improvement activities shall be permitted when located outside the footprint of, and not structurally attached to, buildings and structures and when analyses prepared by qualified CA License Civil design professionals demonstrate no harmful diversion of floodwaters or wave runup and wave reflection that would increase damage to adjacent buildings and structures.
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Such development and site improvement activities include but are not limited to:
A. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures.
B. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the base flood or otherwise function to avoid obstruction of floodwaters.
C. On-site sewage treatment and disposal systems, including mound systems.
15.40.140 INSTALLATION OF MANUFACTURED HOMES
15.40.141 - Installation.
All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a California Licensed Land Surveyor or Civil Engineer, to the Floodplain Administrator.
15.40.142 - Foundations.
All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that:
A. In flood hazard areas other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and these regulations. Foundations for manufactured homes subject to 15.40.145 of these regulations are permitted to be reinforced piers or other foundation elements of at least equivalent strength.
B. In coastal high hazard areas(Zone V/VE) and Coastal A Zones, are designed in accordance with the foundation requirements of Section R322.3 of the residential code (CCR Title 24 Part 2.5) and these regulations.
15.40.143 - Anchoring.
All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.
15.40.144 - General elevation requirement.
Unless subject to the requirements of 15.40.145 of these regulations, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; Packet Page 181
(c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.
15.40.145 - Elevation requirement for certain existing manufactured home parks and subdivisions.
Manufactured homes that are not subject to 15.40.144 of these regulations, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
A. Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation.
B. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.
15.40.146 - Flood damage-resistant materials.
Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).
15.40.147 - Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).
15.40.148 - Protection of mechanical equipment and outside appliances.
Mechanical equipment and outside appliances such as but not limited to air conditioners, furnaces, proprane tanks, water heating equipment and electrical services boxes shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by
15.40.134 or 15.40.135, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
15.40.150 RECREATIONAL VEHICLES
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15.40.151 - Temporary placement.
Recreational vehicles in flood hazard areas, shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.
15.40.152 - Permanent placement.
Recreational vehicles that do not meet the limitations in 15.40.151 for temporary placement shall meet the requirements of 15.40.140 for manufactured homes.
15.40.160 OTHER DEVELOPMENT
15.40.161 - General requirements for other development.
All development, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:
A. Be located and constructed to minimize flood damage.
B. Meet the limitations of 15.40.134 of these regulations when located in a regulated floodway.
C. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
D. Be constructed of flood damage-resistant materials.
E. Have mechanical, plumbing, heating/cooling, ventilation, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.
15.40.162 - Tanks.
Tanks that serve buildings shall comply with the requirements of the building code.
Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.
15.40.163. - Requirements for temporary structures and temporary storage in flood hazard areas.
Temporary structures shall be erected for a period of less than 180 consecutive days and temporary storage of goods and materials shall be permitted for a period of less than 180 days.
Extensions may be granted in accordance with 15.40.045 of these regulations. In addition, the following apply:
A. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit Packet Page 183
of flood waters.
B. Temporary stored materials shall not include hazardous materials.
C. The requirements of 15.40.134 of these regulations, when located in floodways.
15.40.164 - Fences in floodways.
Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of 15.40.134 of these regulations.
15.40.165 - Oil derricks.
Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.
15.40.166 - Retaining walls, sidewalks and driveways in floodways.
Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of 15.40.134 of these regulations and the requirements for site grading in Chapter 18 of the building code.
15.40.167 - Roads and watercourse crossings in floodways.
Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of 15.40.134 of these regulations.
Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of 15.40.053 of these regulations.
15.40.168 - Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of 15.40.134 of these regulations. Swimming pools in coastal high hazard areas and Coastal A Zones shall be designed and constructed in accordance with ASCE 24.
15.40.170 FLOOD CONTROL PROJECTS
15.40.171 - Flood control projects; general.
In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project.
Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
15.40.172 - Flood control projects; applications.
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Applications for permits for flood control projects shall include documentation including but not limited to:
A. Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.
B. Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
C. The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.
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Chapter 15.40 CONSTRUCTION IN FLOOD HAZARD AREAS
Newark, California, Code of Ordinances Created: 2024-01-08 13:04:29 [EST] (Supp. No. 22, Update 4)
CHAPTERChapter 15.40 – CONSTRUCTION IN FLOOD HAZARD AREAS1
Sections:
15.40.010 - Title.
These regulations, in combination with the flood provisions Statutory authorization, findings of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building),fact, purpose, and related codes), shall be known as the Floodplain Management Regulations of City of Newark (hereinafter “these regulations”).methods.
15.40.011 - Statutory authority.
LegislatureThe following Sections 15.40.011 through 15.40.013 set out statutory authorization, findings of fact, purpose, and methods for this chapter. (Ord. No. 435, § 1, 6-25-2009)
15.40.011 Statutory authorization.
The legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments thegovernment units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the City of Newark does hereby adopt the following floodplain management regulations.
(Ord. No. 435, § 1, 6-25-2009)
15.40.012 - Scope. Findings of fact.
The provisions of these regulations, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in 15.40.022 of these regulations.
A. The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in special 1Editor's note(s)—Ord. No. 435, § 1, adopted June 25, 2009, amended Ch. 15.40 to read as set out herein. Former Ch. 15.40 pertained to similar subject matter and derived from Ord. 237, adopted 1988; and Ord. No. 283, §§ 7(A), (B), adopted 1992.
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flood hazard areas which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, or otherwise protected from flood damage, also contribute to the flood loss.
(Ord. No. 435, § 1, 6-25-2009)
15.40.013 – Purposes and objectives. Statement of purpose.
The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:areas by provisions designed:
Minimize unnecessary disruption of commerce, access,A.To protect human life and health;
B. To minimize expenditure of public service during times of money for costly flood control projects;
A. C. To minimize the need for rescue and relief efforts associated with flooding. and generally undertaken at the expense of the general public; Require the D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in special flood hazard areas;
B. F. To help maintain a stable tax base by providing for the second use and development of appropriate construction practices in order to prevent or special flood hazard areas so as to minimize future flood damage.blight areas; ManageG. To ensure that potential buyers are notified that property is in a special flood hazard area; and
H. To ensure that those who occupy the special flood hazard areas assume responsibility for their actions.
(Ord. No. 435, § 1, 6-25-2009)
15.40.014 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. C. Controlling the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the , and natural and Packet Page 187
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beneficial functions of the floodplain.protective barriers, which help accommodate or channel floodwaters;
D. ManageD. Controlling filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.; and E. PreventE. Preventing or regulateregulating the construction of flood barriers, which will unnaturally divert floodwaterfloodwaters or which may increase flood hazards.
F. Contribute to improved construction techniques in the floodplain.
G. Minimize damage to public and private facilities and utilities.
H. Help maintain a stable tax base by providing for the sound use and development of flood hazard other areas.
I. Minimize the need for rescue and relief efforts associated with flooding.
J. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
K. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
L. Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.
15.40.014 - Coordination with California Building Standards Code.
Pursuant to the requirement established in State statute that the City of Newark administer and enforce the California Building Standards Code, the city council of City of Newark hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas.
Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.
15.40.015 - Warning.
The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Packet Page 188
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Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these regulations.
15.40.016 - Disclaimer of liability.
These regulations shall not create liability on the part of city council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
15.40.017 - Other laws.
The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.
15.40.018 - Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
(Ord. No. 435, § 1, 6-25-2009)
15.40.020 GENERAL APPLICABILITY Definitions.
15.40.021 - General applicability.
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These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
15.40.022 - Establishment of flood hazard areas.
The Flood Insurance Study for Alameda County, California and Incorporated Areas dated February 22, 1974 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the Building Inspection Division, City Hall, 37101 Newark Blvd., Newark Ca 94560.
15.40.023 - Interpretation.
In the interpretation and application of these regulations, all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
15.40.030 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR
15.40.031 - Designation.
The Chief Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
15.40.032 - General authority.
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The Floodplain Administrator is authorized and directed to administer and enforce these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 107 of these regulations. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.
15.40.033 - Coordination.
The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to 15.40.035 of these regulations.
15.40.034 - Duties.
The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:
A. Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
B. Review all applications and plans for development in flood hazard areas for compliance with these regulations.
C. Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
D. Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.
E. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
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(Supp. No. 22, Update 4)
F. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
G. Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
H. Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants.
I. Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 107 of these regulations.
J. Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
K. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
L. Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
M. Inspect development in accordance with Article 106 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
N. Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 107 of these regulations.
O. Cite violations in accordance with Article 108 of these regulations.
P. Notify FEMA when the corporate boundaries of City of Newark have been modified and provide a map and legal description of the changes in the corporate boundaries.
15.40.035 - Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:
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(Supp. No. 22, Update 4)
A. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.
C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
D. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
15.40.036 – Department records.
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.
15.40.040 PERMITS FOR FLOODPLAIN DEVELOPMENT
15.40.041. - Permits required.
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Packet Page 193
Created: 2024-01-08 13:04:29 [EST]
(Supp. No. 22, Update 4)
Administrator may determine a permit for floodplain development is required in addition to a building permit.
15.40.042 - Application for permit.
The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
A. Identify and describe the development to be covered by the permit.
B. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
C. Indicate the use and occupancy for which the proposed development is intended.
D. Be accompanied by a site plan and construction documents as specified in Article 105 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
E. State the valuation of the proposed work.
F. Be signed by the applicant or the applicant's authorized agent.
G. Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.
15.40.043 - Validity of permit.
The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.
15.40.044 - Other permits required.
The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to:
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(Supp. No. 22, Update 4)
A. California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).
B. California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
15.40.045 - Expiration.
A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
15.40.046. - Suspension or revocation.
The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.
15.40.047 - Appeals of decisions.
When it is alleged there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the City Manager by filing a written appeal setting forth the reasons of the appeal.
15.40.050 SITE PLANS AND CONSTRUCTION DOCUMENTS
15.40.051 - Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
A. Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development.
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Created: 2024-01-08 13:04:29 [EST]
(Supp. No. 22, Update 4)