Newark City Council
May 23, 2024

AGENDA
Thursday, May 23, 2024
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS
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 May 9, 2024, minutes

3. Adopt a resolution approving a Consultant Services Agreement with Community Planning Collaborative for Housing Program Management Consulting Services

4. Adopt a resolution approving the First Amendment to the Software as a Service Agreement with Axero Holdings, LLC and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for FY2024

5. Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement with the Alameda County Water District for water main design and construction associated with the Old Town Streetscape Improvements, Project 1258

6. Adopt a resolution to (1) amend the Employee Classification Plan to delete and add multiple

6. Adopt a resolution to (1) amend the Employee Classification Plan to delete and add multiple class specifications; (2) amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employees Group to add multiple class specifications, and to add salary steps/ranges for each new classification; and (3) amend the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5 E. PUBLIC HEARINGS

1. Hearing to consider property owners' objections to the 2024 Weed Abatement Program and instruction to the Superintendent of Streets to abate the public nuisances F. OTHER BUSINESS

1. Presentation by Godbe Research on the results of the community survey conducted to identify community priorities and to update the Hotel Tax

2. Adopt resolutions approving the 2024-2026 Capital Improvement Plan project lists with funding recommendations; and provide feedback on the draft 2024-2026 Capital Improvement Plan budget document

3. Presentation of the draft 2024-2026 Biennial Budget
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

H. CITY MANAGER UPDATES
I. CLOSED SESSION
J. ADJOURNMENT

MEETING INFORMATION
Members of the public may attend the meeting in person, watch 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.

Packet Page 2
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 818 3722 5340  will be activated.  The Mayor will make an announcement at the beginning of the meeting that the City will be allowing public comment via Zoom.  Raise your virtual hand to notify the City Clerk that you would like to speak during the item that you wish to speak on.

How to submit written Public Comment:

Send an email to City Clerk by 3:00 p.m. the day of the meeting.  Please identify the agenda item number in the subject line of your email.  Emails will be compiled into one file and will be distributed to the City Council before the meeting.

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

Council Meeting Access/Materials:

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

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

Packet Page 3
Item  D. 1.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Approval of Audited Demands
Attachments
Audited Demands 04.25.24
Audited Demands 05.02.24
Packet Page 4




   
 








!"
#
  $ 
%&'()'(%(& *+,- ./0-1234-567258-9/+--1/3- :;*</=>?@8872=0 *5/=A/80B7=
@372=0 </=>@8872=0CDEFGHDDIIJKLMNEDODHPQ IRSTU VWXYZXYVYW[[V\\DTT]^_`aEbcbdeSDIIQNN [VVfVV g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mS Dn]^_` [VoW[YWpV\X\[XYVYWNqrQjjgLsNtINuDrIqYVYW [VVfVV IRSTU VWXYZXYVYW[[V\WDTT]^_`aEbcbdeSqQDPMqDLjqKuDLrQNJKrIQ IQLMQrvgLI YWwfop g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` QV\[pWw[VWXV\XYVYWQuEPJOQQDNNgNMDLMErJsrDuxQDEyFuDOYVYW YWwfop IRSTU VWXYZXYVYW[[V\ZDTT]^_`aEbcbdeSDgrsDNKNDvPPI [[Vfw[ g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` ZZVw[wwVz[V\X\[XYVYWIOPDIQMOPQLQrQLMDPV\X\[XYW [[Vfw[ IRSTU VWXYZXYVYW[[V\pDTT]^_`aEbcbdeSDPPIgMOuDLDsQuQLMNQrtgIQNvgLIf wv\V[foo g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` zYW[WVWXV\XYVYWNIqJJPIrJNNgLssKDrjNtINV\X[wFV\X\VXYW wv\V[foo IRSTU VWXYZXYVYW[[V\wDTT]^_`aEbcbdeSDPEgLQD{DrjNgLI zvp[ofWz g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` p[VpwwYV\X\[XYVYWD|KDMgINKLg}JruN Wv[oYf[z p[Vpww\V\X\[XYVYWPg}QsKDrjKLg}JruN ZvW\pf\V IRSTU VWXYZXYVYW[[V\oDTT]^_`aEbcbdeSDPMDPDLsKDsQNQrtgIQNvgLIf ppfVV g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` gNpzY[p[[YX\[XYVY\PgNMQLgLs~NEQDgLsMQNMF[YXY\ ppfVV IRSTU VWXYZXYVYW[[V\zDTT]^_`aEbcbdeSsKNMDtJDrrJOJ w\Vfz[ g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` V\[YFV\[\YWQ€EVWX[ZXYVYWIJLIQDPQj{QDEJLNIJL}frQguHKrNQuQLMV\X[YFV\X[\XYW w\Vfz[ IRSTU VWXYZXYVYW[[VWVDTT]^_`aEbcbdeSHDtIJ YvoWpfYo g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` YpVoZzV\XVZXYVYWHDI}PJ{NKEEPgQN YvoWpfYo IRSTU VWXYZXYVYW[[VW[DTT]^_`aEbcbdeSHDgPQO}QLIQIJuEDLOgLI Yv\\[fVV g_h]iTSjb`SjSaTkil`i]_IRSTUN]k`I]mSDn]^_` op[ZZVWXVYXYVYWHgrIqsrJtQ}QLIQrQEDgrWXYXYW Yv\\[fVV Packet Page 5

  







!""#$%& 
$$$'
()*
+,*
-
./.0.


/
1
2 
3 4 
  5!#
$' "$%#
%

%!$6
7 +
+ (6
(
 

)
4 ,4

3  
   !$6

$$$'
7
4
 (6
(
  3)+(,
33
   !$6

$$$'
7
 
 6( 4  4)343,+  
  

(

8"&

)(,4* -
./.0.


/
1

2  (
6(
(9

  :!$;$"#
"$%(
6(
(  (
, (
46(
9

   "
'"#
"$%(
46(
 
,3 ( 36( 4 9

  

"$
( 36( 4 
)4, 4  
  





 <
#
$

!#%

*,3+ -
./.0.


/
1
2  "
< 
   !;;
# 
(6(   
*,3+  
  





%
%
#
"$%#$%
,(+ -
./.0.


/
1
2  ,
(, 
*   '
$
56

 
+(3
6((
 6
( 
,(+  
  

3


!$7%$
&


%
3
, -
./.0.


/
1
2 

(  
  7%
7  

 

,



* 
*  7%
7  
* 
3 ,


(+ 
4  7%
7  
4 

,  
  

*

$%
7
&%!9! !'&)$, 
*, -
./.0.


/
1
2  ((
+*

 4  (
%
%

 4 (
(, ((
+*(

 4  (
%
%


 4 (

+, ((
3(


3  (
%
%



3 ( *+, ((
3(


3  (
%
%



3 ( *+,  
  

+



7
$%


,3 -
./.0.


/
1
2  (
+6(
4 9

   "
'"#
"$%(
+6(
4 

,3  
  

4


! , -
./.0.


/
1
2   
6 4 ((
  
:

5 
6  4  ,  
  




;9;%$


)3

,4+ -
./.0.


/
1
2 


( 4   '&"=#"$%"
$%$
$( 4 
)3

,4+  
  




7

:'!#)
 (, -
./.0.


/
1
2 

+
   !;

!$

7
$%5!#'5"
5(
)  *3,+

+    !;

!$

7
$%5!#'5"
5(
)  

(,3 
  





#


 7

) *,*(
Packet Page 6









 !"! #$#%#&'#
'$(%
)
%
!!
! "*+,+  !! ""

 - ./&


+,+ 







0 "00+!! 12

3)
'(!"! ,4 0 0

!
! 12

3)
'(!
! ,4 0 4+!! 12

3)
'(!"! "
,"   !! "" 

 - ./&
5'6

' ""*4
," 






"+ 440 !"4! $1#'
'7"$)
$'%#'$$#%3%! !
! ""*4
,"   !! ""

 - ./&#32
'2'5*% *0, 






"

!"! '%$'%28
#&$(%
93
$$
' *0,   !! ""4

 - ./&'%1:#%
$$38;:%2% *"44, " 






0
+ ! ! '85%&'
38%'(%13#2!"! *"44, "   !! ""+

 - ./&'
;#%$&#' "*4, 






"+ !! &3

$
')
%$33:'1
5('#:##$
' !"! "*4,   !! ""0

 - ./2:#'$#3#$$#6#% +
*
, 






"
 !
! &(#)
'3(2';*'<""!"+"!"! +
*
,   !! ""


 - ./25%3%
;%2
;
%$* %, *
+,0" 







"++: !"! ;%$
%%
#%$'$5**3:'3 *40
,
"++ !"! ;%$
%%
#%$'$'3 "
*
0,0"   !! ""4

 - ./533(' *
,0 






4  ! ! 33;%3
%%283
 *
,0   !! ""4"

 - ./%8$'338;:%283(*33, 4",0+ 






"" + ! ! 33;%38;:%283
 4",0+   !! ""4

 - ./
$'8;%%

, 






4""
 ! ! 1
$'%%2;'5
,   !! ""4

 - ./1:#8;
%$#38$#% *+, " 






"++!! 3

(;
%$"
04
!"!  !" ! * ,4 "++!! 3

(;
%$"
04
 !"!  !" ! ," "++44  !"! 3

(;
%$"
04
 !! !  ,0
Packet Page 7

  









!
 "
#
$% $$
  
&
'
()*+,
*-  $
()*
&
'.
(
/

  
  



*
(0(&'
())+0&1
( 12$




!
 "

#
3
$  (*4
+560'*'&7-
 -   12$
  
  



*8
(*8
+
50&'
0(.
(




!
 "
#
2
2 -  $$
$$
  
(,*'
)
'
,*
(.0+9
'
0(+**
+6-$$
 
  
  


3 *+,
*1
(
1$





!
 "
# 3$%
3  *'*+,
*-

9 (:
 3
 
1  3$%
  *'*+,
*-.
+*'
'
0(:$
 3
   3  *'*+,
*-099&(
'7*('*+:
 3  %
  
  


2 ;*..9
*
1%




!
 "
#   *8

  099
(0.9&'
;&+

'
0(
  
 3
 $- 2 *8
$  *&
'
0(
+*
9/&+*9*('-;
&;
'&'+

(
()
1   
  


%
9
+5)0'6
+
$1

22



!
 "
# 
 

 $
  *(
0+6

+.
'(* 
- 

  2

$ 2 

  5
+
'*<6*
*


 -$ 2 
12 22  
  

3
9*7*+(
,*
$1 3$$



!
 "
#


  *)
*+,
*'6+0&)69
+6$
1   $2$

$
  *)
*+,
*'6+0&)69
+6$
1   1
2


  *)
*+,
*'6+0&)69
+6$
1   





  *)
*+,
*'6+0&)69
+6$
1   1%2$



  *)
*+,
*'6+0&)69
+6$
1   1





  *)
*+,
*'6+0&)69
+6$
1  
$2


  *)
*+,
*'6+0&)69
+6$
1   $12  
  

3

9(*()
(**+
( 1
%$%



!
 "
# 2
%
-+

   0(-
&/
40+50('+&'
0(
(*'
0(*+,
*   1
%$%  
  

3

,*(&
(
)6'<
(
7'
 $13




!
 "
#
(,
-
2$3
  &&'
&
'<
(
7
-.
8*.**;
(-9
+=  $13
  
  

3$
0&
'
0(
6*
'6*('*+0.

.0+(

2



!
 "
# 2 2$

3  +*-*9079*('0'67

-
$-

 
2 
  

3
04*(*>&
9*('
*
2 2
Packet Page 8











!"#$%&'%('')'

 *+* 
,
-,

& . /0&
(1'2'" -3,4+ 







-,-*5

"67''2'"2

 -3,4+  
,
-

& . /0&8& $ !$2"!(( $&3!+ 3+4 







4
&9%!('%'!")5'!"2)' )'&&9

5


 3-*+* 
4

,
 !522)2'!(!''!(&2!')'7')'
5
4
 3,+** 


 !522)2'!(!''!(&2!')'7')'

5


 3*4+,  
,
--

& . /0'
2':"

6"'%3!+ -3+ 






!)-
*-


'2(;"%'% !" !(%; -3+   ,
-*

& . /0' 2$"'($322 3
4+ 






,-
*
&'!'"" !"'"!(5

5

, 3
4+  
,
-4

& . /0; 2& "3!+ 3,+ 






,
,
22%!#8'"#22#8" &!&'" !!%!"

*
 3,+  
,
*

& . /06 88')'( $&3!+ '(78 %&!6
34+* 






*

 7 8' %&'!" !2%5

5



34+*  
,
*

& . /0+#++&++"++
34-,+ 







4
#& 2''%6<--5)+#'2!(
*5
-

3-+ *


)!(&& $'5#+2)==


 
,+  
,
*

& . /0'!"')22'2 8%"; +* 







*
4
22%! "'&2 8 +*  
,
*


& . /0"!!$!' %&!6 3*+, 






%6&'%$%


"!5%6&'%$% 3*+,  
,
*

& . /0"&2' 
+ 






-,*





'$&&2'

45

*
 
+  
,
*,

& . /02'; ,+ 






-*

" $#2'; "! !5 &'! ,+ 
,
*

& . /0""'(' ! %! 34-+,
Packet Page 9












 !   "!#$#
%&#
&' (#
)) 

 *+,- 
-
.,

& / 01!
)&
#!"#
!
2 $(3  *,-, 







+

&24#
&#


*-+.

,
!32$$24
#4

5  55
-


!32$$24
#4


56 .
 -*.. +,,
+
))" !3
!
#24
#4


 *-.5 +
+
-
7#
!! 824
#4


 +- --5,


#!#24
#4
,



.5-  
-
..

& / 019
7 #!# 5 







6
.
:&


 )$
(
#
);"#
)
!

6

.
 5  
-
.+

& / 017#
) !$#) *-. 






56-

!3<
7#
$#)) !# (

65


 *-.  
-
+

& / 01!"#;!3!
)*  , 






-55



6!! 2#<#
 !#77&#
 (
#4
)#= ,  
-
+

& / 01"; >#& !
&3)
! 3!
) 5*
,++ 






!)! 

&3)
!

 5*
,++  
-
+

& / 014
#

(   *5- 






56
+


!3<
&#>( (
%")
!! 
56

-
 ,*++.,-
6

.
,
$>
2#
&#>67
;$!3!"3
56
-
 *+- 6

.
,
$>
2#
&#>67
;$!3!"3
56
-
 *5
- -6

.


$>
2#
&#>67
;$!3!"3
56

-
 .*  
-
+


& / 01<2 (! 2&!$ - 







6 &6$;

$;!
!)#2 -  
-
+

& / 01<7( ! $!!$
)& 3 5 






+55
-


 ! 7!!$
("# !

6 !"#3<
! 5  
-
+-

& / 01'6!
2&#7
 $
#4
 *
,- 






.
+
 4"$2 ( #( '! $
4 $&)
!6
*
,- 
-
+5

& / 01##
 *7#

#> ,+ 






.""!
.
"!$!3"
#!:#
7" 

+6-
.
 ,+
Packet Page 10

  







!!"#$%
"
&"

'

( ")*++,*-*.,/0  12

3  
  2


+
'

( ! 
  

1 !

"!.#$!"


 144
4
1(
")*++,*-*.,/ 0

1 

  !!# !#
2"#   %"$%.
1(
5
$
!.6
# !7!,*733 8

'

(
4 73
8 '3
(1 !7
8 1(

Packet Page 11




   
 








!"
#
  $ 
%&'%('(%() *+,- ./0-1234-567258-9/+--1/3- :;*</=>?@8872=0 *5/=A/80B7=
@372=0 </=>@8872=0CDEFGHDDIIJKLMNEDODHPQ IRSTU VWXVYXYVYZ[[V\]DTT^_`abEcdcefSDHDIKNEgJhKIMNiLI [jWk]l[[ i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qS Dr^_`a HsWt\YVtXYVXYVYZEDguiLvIiMDMiJLLJMiIQN [j[kYlV[ HsWt]VVtX[\XYVYZLEhV[VgQwKQNMxJgIJJEQgDMiJL ZVkl[V IRSTU VWXVYXYVYZ[[V\\DTT^_`abEcdcefSDPPIiMOyDLDvQyQLMNQgziIQNjiLIl sjYV\ls\ i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a \Y[k]VtXYVXYVYZNI{JJPIgJNNiLvvKDghNzINVtXVtFVtX[kXYZ sjYV\ls\ IRSTU VWXVYXYVYZ[[[VVDTT^_`abEcdcefSDPEiLQD|DghNiLI ZZsl\] i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a k[Vk]Y\VZXV\XYVYZNMDxxLDyQMDvN ZZsl\] IRSTU VWXVYXYVYZ[[[V[DTT^_`abEcdcefSHQPuJgEDvjPPI YjY[Zl\Z i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a \Z\Z[YVYX[ZXYVYZ}J{LhQQgQNQgziIQVYX[ZXYZ YjY[Zl\Z IRSTU VWXVYXYVYZ[[[VYDTT^_`abEcdcefSHQL}DyiLyDLKuiD [t[ls\ i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a VZY[YZQ~EVZXYYXYVYZYLhHJJMXKLixJgygQiyHKgNQyQLMVZXY[XYZ [t[ls\ IRSTU VWXVYXYVYZ[[[VtDTT^_`abEcdcefSHJKLhMgQQyQhiIDPjPPI tktlWZ i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a ]WYs\V\tVtX[tXYVYZHPDLuQMNDLhvPJzQNFNKEEPiQN [[ZltY ]WY]VZYtVtX[ZXYVYZ vPJzQN YZ\lYY IRSTU VWXVYXYVYZ[[[VZDTT^_`abEcdcefSuiyHQgPQQIDMJL \VlVV i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a VZY[YZQ~EVZXYWXYVYZQ~EQLNQgQiyHKgNQyQLMxJgDigEJgMEDguiLvVZXY[XYZ \VlVV IRSTU VWXVYXYVYZ[[[VWDTT^_`abEcdcefSIQLMgDPNwKDgQMQI{LJPJviQNjPPI [s[lVV i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a ZVk\[YVtXYsXYVYZMgDuiMhQzQPJEyQLMNQgziIQNMiyQDLhyDMQgiDPN€VYXYZ [s[lVV IRSTUVWXVYXYVYZ[[[VkDTT^_`abEcdcefSIJhQ[NKEEPO Zktl]] i`m^nTShcaShSbTonpan^`IRSTUN^oaI^qSDr^_`a I[YVY[Vk[WVZX[VXYVYZGJPPIEgFhEDhG Zktl]] IRSTUVWXVYXYVYZ[[[VsDTT^_`abEcdcefSINvIJLNKPMDLMNjiLIl [jV]VlVV Packet Page 12











!"#$!%& #"&$
$! '(

)(
(


*+, 



+

" - ./ 01& 2,3 








4((2
(

(
 5#&&'(

()


 2,3  



3

" - ./5!6&&6#$!"&$7#!, 3, 







3422
3
&&6#$!7"" )"$!#$
  3,  





" - ./
&$!#&7 !6"&$7#"
* ! , 






)
)3+22(



&##$!4&'&!66!$&#&$7 


 ,  





" - ./60!, ++, 






(+)32((
(
#8$&&!$,)1$5&9'#0&&9#&#:#0&$760  
; ++,  





" - ./6&!6& 4(,( 






32
34(

#95'771&8&&"&8# 4,42 32+++24(

<7"1!#0$"#0&"&$!6 #&$ ,4  



(

" - ./0$1"$#&#&'
*3, 






"&=


0$1"$#"7&0(

3 )



*3,  





" - ./!7#& " 71!67"" 9* ,
4(,43 







2(

 6" 71!67"" 
4(,43  





" - ./5!!#8 785>
*2, 








)
+

+
&& 
$&

)

+

*2,  



2

" - ./8!$&&9#1!#&!#$! *((,4







(((
2
 1!"$$ 01  33+, ((
2
 1!"$$ 01 
*(,3 (4(
2
 1!"$$ 01  3
,2 (+(
2
 1!"$$ 01  3
, ((++(
2
 1!"$$ 01  (,+(  



4

" - ./19&!' (+4, 







4(


 6 &'#0&$760
&7&93* (+4, 



+

" - ./1!!6!&! +3(,4 







Packet Page 13
 







 



  


!"#$%&%'(
)*)*
+

, !-.

+%"
+
#
/.0".!


/"
1 2 !" 3


  
)*)*
+4



+3
 
,


  
 

!"#$%&%'(

*
5
4


4
$6  !-.

+%"
+
#
/.0".!


/"
1 2 !" 
  
56 


*+


53







  
 

!"#$%&%'(

73


 !-.

+%"
+
#
/.0".!


/"
1 2 !" 

  
 


  
 

!"#$%&%'(
$
5
84

,
 !-.

+%"
+
#
/.0".!


/"
1 2 !" 
3


 


44

65
55
49  3 
,



  
 

!"#$%&%'(
$9

:
$
5 

6
 !-.

+%"
+
#
/.0".!


/"
1 2 !"  
  
$)



$
5*6 




  



!"#$%&%'(
)
, !-.

+%"
+
#
/.0".!


/"
1 2 !" 
3 
   43$
+
9
57   3  

,


  
 

!"#$%&%'(
+7

+$*4
47,44$ ,  !-.

+%"
+
#
/.0".!


/"
1 2 !"   
44
9
9
9, 
  
44
9
9
9, 
, 
 
44
9
9
9, 
,  
44
9
9
9, 
,  
44
9
9
9, 
,  
44
9
9
9, 
   
44
9
9
9, 



  
 

!"#$%&%'(
6

3

4*
4
44
 ,
 !-.

+%"
+
#
/.0".!


/"
1 2 !"

 
  

55

+
+*$$4 ,



  
 

!"#$%&%'(
5$
, !-.

+%"
+
#
/.0".!


/"
1 2 !" 

  
5$

7
;

 
 


  
5$

7
; 
 
,



  
 

!"#$%&%'(

9
<



$
6,44

 !-.

+%"
+
#
/.0".!


/"
1 2 !" 
3

  
$543+

 



  
 

!"#$%&%'(
$
9 4
6

 ,  !-.

+%"
+
#
/.0".!


/"
1 2 !"
Packet Page 14










  



!"#$%$&'
()

 * !+,

$"

#
-,.",!

 -"/

0 !" * 123
2 
45 * 



!"#$%$&'
(
55


  
  !+,

$"

#
-,.",!

 -"/

0 !" 111)4

5




54 5

    



!"#$%$&'
(


)(

2  6 (
35  !+,

$"

#
-,.",!

 -"/

0 !" 7
)
3



21  *



2 * 



!"#$%$&'
)5 55

)


35
 !+,

$"

#
-,.",!

 -"/

0 !" 7 2
5   77 
4(
 * 



!"#$%$&'
 2

 7 !+,

$"

#
-,.",!

 -"/

0 !" 1
8
9


(
 
91
5

4


21 7 



!"#$%$&'
8 5

)5  
  !+,

$"

#
-,.",!

 -"/

0 !" 7)25
9 1 * 

9 5
9 1  95 




21 * 



!"#$%$&'
88
8 
(  
 7 !+,

$"

#
-,.",!

 -"/

0 !"
5 1*

5
3

 7 

7

!"#$%$&'
55
 (3  !+,

$"

#
-,.",!

 -"/

0 !" 77(


(
45
 (32(
1  

*

!"#$%$&'
:154 5

  *7 !+,

$"

#
-,.",!

 -"/

0 !" 
(

5

24551 *7 4 

!"#$%$&'
(


)(
   

 ***  !+,

$"

#
-,.",!

 -"/

0 !" 12



)(  (51
8
9

)(
 55
9  4

!"#$%$&'
2

5 52 
;
<*7* !+,

$"

#
-,.",!

 -"/

0 !" 7*
(

= (5
8

1 7*
Packet Page 15






 

!
" # $%&

''

#"(# )


'(
"
#
Packet Page 16
Item  D. 2.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Approval of May 9, 2024, minutes
Attachments
Minutes
Packet Page 17
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
Thursday, May 9, 2024

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

B. PRESENTATIONS

1. Proclamation designating May 19-25, as Public Works Week Mayor Hannon presented the proclamation to Public Works Employees: Public Works Director Fajeau, Acting City Engineer Cangco, Facilities Supervisor Perez, Chief Building Official Farrell, and Environmental Services Manager Scanlin.

2. Proclamation designating May 19 - 25, 2024, as Emergency Medical Services Week
Mayor Hannon presented the proclamation to Alameda County Fire Department Division Chief Luepke and members of Fire Station 29 Engine Company.

3. Proclamation designating May 12-18, 2024, as Police Week Mayor Hannon presented the proclamation to Police Chief Arguello and members of the Police Department.

Packet Page 18
Page No. 2
City of Newark City Council Minutes May 9, 2024

4. Proclamation designating May as Affordable Housing Month Mayor Hannon announced that due to a scheduling conflict, this proclamation would be presented at the Timber Senior Housing Groundbreaking instead of the City Council meeting.

5. Union Sanitary District Presentation
Paul Eldredge, General Manager for the Union Sanitary District gave a presentation on their services, major projects, and public outreach.

Presentation on file with the City Clerk.

C. PUBLIC COMMENT
Shareen Ram, provided an AC Transit Realign planning process update.

Vinod Kumar asked if there were opportunities for the City’s newer populations to help the City. He wanted the community to be united and protected from discrimination.

Taranjit Singh asked if the City was considering an ordinance to address train noise and asked about safety protocols for trains carrying hazardous materials.

He suggested a railroad presentation at a future meeting. He complimented the Police Department Faith in Blue meeting.

Public Works Director Fajeau stated that a quiet zone study was completed that determined the at grade crossings were eligible for quiet zones. The project is expected to cost $6.5 million and will be in the Capital Improvement Plan.

Angela Silvera requested a comprehensive tobacco retail ordinance. She stated that she raised the issue at the Newark Unified School District Board meeting and requested that they adopt a resolution in support.

Community Development Director Turner stated that the Community Preservation Division is working on this matter and anticipated that the draft ordinance would be presented to the City Council in the Fall.

Packet Page 19
Page No. 3
City of Newark City Council Minutes May 9, 2024
D. CONSENT CALENDAR
Assistant City Manager Hovorka requested the removal of item D.5 to allow for City Council Member recusals.

Council Member Collazo moved, Vice Mayor Freitas seconded, to approve Consent Calendar items D.1 to D.4, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

1. Approval of Audited Demands

2. Approval of April 25, 2024, minutes

3. Adopt a resolution authorizing the City Manager to enter into an agreement with Axon Enterprise, Inc. for the purchase of Axon’s Officer Safety Plan 10 Premium hardware, software, and training packages, and amend the 2022- 2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11635
Contract No. 24037

4. Adopt a resolution authorizing the City Manager to execute the Third Amendment to the Contractual Services Agreement with Stantec Consulting Inc. to provide additional Professional Environmental Services for Mowry Village Project
Resolution No. 11636
Contract No. 21025

NONCONSENT

5. Adopt a resolution authorizing the acceptance of the State of California grants for the Old Town PDA Road Diet and Complete Street Improvement Project in the amount of $1,000,000 and for the Newark Resource Center Improvement Project in the amount of $1,000,000 and amend the 2022-2024 Biennial Budget and Capital Improvement Plan
Resolution No. 11637
Vice Mayor Freitas announced that he would recuse from this item due to a Conflict of Interest for rental property. He exited the City Council Chambers.

Council Member Collazo announced that she would recuse from this item due Packet Page 20
Page No. 4
City of Newark City Council Minutes May 9, 2024
to a property ownership Conflict of Interest. She exited the City Council Chambers.

No one from the public requested to speak.

Council Member Jorgens moved, Council Member Bucci seconded to adopt the resolution. The motion passed, 3 AYES, 2 RECUSED.

Vice Mayor Freitas and Council Member Collazo returned to the City Council Chambers.

E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Adopt a resolution authorizing the City Manager to execute a contractual services agreement with Arup US, Inc. to develop a Sea Level Rise Vulnerability Assessment and Adaptation Strategy and amending the 2022- 2024 Biennial Budget and Capital Improvement Plan
Resolution No.11638
Contract No. 24038
Environmental Services Manager Scanlin gave the presentation recommending approval. Presentation on file with City Clerk.

Taranjit Singh asked about the types of data that would be collected and if it would be publicly available.

Jack Hogan, consultant stated the data would be publicly available at the end of the project.

Jana Sokale expressed her support for the development of the Strategy and made suggestions on what the study should consider.

Council Member Bucci moved, Council Member Jorgens seconded to adopt the resolution. The motion passed, 5 AYES.

2. Pension Update and Cost Management Strategies Presentation and, by Packet Page 21
Page No. 5
City of Newark City Council Minutes May 9, 2024
Motion, provide direction regarding establishment and funding of a New Pension Section 115 Trust
Motion approved
Finance Director Lee and Craig Hill NHA Advisors gave the presentation recommending the New Pension Section 115 Trust establishment and funding.

Presentation on file with City Clerk.

Mr. Hill presented the background on CalPERS Costs, historical and projected CalPERS Costs, and Potential Cost Management Strategies.

No one from the public requested to speak.

Council Member Bucci stated that he would like to compare the fee schedules from the potential trust providers.

Vice Mayor Freitas moved, Council Member Collazo seconded to establish and fun the New Pension Section 115 Trust. The motion passed, 5 AYES G. CITY COUNCIL MATTERS
Council Member Collazo thanked staff for the well wishes. She congratulated everyone associated with State of the City. She complimented Emergency Medical Services Week and shared her need for medical assistance recently. Shop Newark.

Council Member Bucci wished a Happy Mother’s Day to his mom and his wife.

Vice Mayor Freitas stated that he read an article about Newark’s population declining and found it difficult to believe with all the new housing built. He congratulated the Mayor’s State of the City Address and to staff who worked on it.

Mayor Hannon thanked Avanzando for their scholarship program. He thanked Newark Rotary who will be awarding $40,000 to nonprofits from their annual Crab Feed fundraiser. He thanked City staff for the State of the City address work. He wished his wife and everyone a Happy Mother’s Day.

H. CITY MANAGER UPDATES
Packet Page 22
Page No. 6
City of Newark City Council Minutes May 9, 2024
I. CLOSED SESSION
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:17 p.m.

Packet Page 23
Item  D. 3.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Steven Turner, Community Development Director
SUBJECT    Adopt a resolution approving a Consultant Services Agreement with Community Planning Collaborative for Housing Program Management Consulting Services
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to enter into an agreement with Community Planning Collaborative for housing program professional services. The agreement would have a not-to exceed amount of $200,000.00. The agreement would allow staff to use professional consultant services to implement 2023-2031 Housing Element programs, previously identified housing efforts identified in the 2021-2023 work plan, and other housing-related efforts.

BACKGROUND
The City has successfully utilized professional consultants in the past to provide services and experience that City staff cannot provide and to augment staff capacity during busy periods or when resources are low.  In November 2020, the City Council authorized the city manager to enter into an agreement with Baird + Driskel Community Planning (now known as “Community Planning Collaborative”, the Consultant) for on-call affordable housing program services. In December, the city executed a Contractual Service Agreement with the Consultant for a not-to-exceed amount of $150,000.00. This agreement led to the successful implementation of programs based on the City Council’s direction, demonstrating the effectiveness of such arrangements.

Work performed under the CSA included:

Preparation of the 2021-2023 Affordable Housing Work Plan- which provided direction to city staff regarding the City Council’s housing program priorities leading up to the adoption of the 2023-2031 Housing Element.

Creation and implementation of an Affordable Housing Notice of Funding Availability (NOFA) program. As a result of the NOFA program, the City Council awarded $12 million to Satellite Affordable Housing Associates (SAHA) for a 100% affordable rental community on Thorton Avenue. The SAHA project is currently undergoing technical review by staff.

Preparation and review of technical studies prepared by other consultants to support a local live/work affordable housing preference ordinance. Staff and consultants will prepare an ordinance for City Council review in 2024.

Packet Page 24
Initial work to support the preparation of the 2023-2031 General Plan Housing Element (Housing Element). The Consultant, under a separate CSA, was the lead consultant for the Housing Element, which was adopted by the City Council in October 2023.

From October 2023 to the present, the initial tasks associated with the Housing Element program implementation.

That CSA has now expired.  The Consultant’s work between early 2022 and the end of 2023 was primarily focused on preparing the Housing Element. Implementing the new Housing Element programs, including those priorities identified in the 2021-2023 Work Plan, will be a substantial focus of Community Development Department (CDD) staff in 2024 and 2025.

DISCUSSION/ANALYSIS
City staff and the Consultant desire to implement the new Housing Element programs, including priorities in the 2021-2023 Work Plan through a new CSA with a not to exceed amount of $200,000.00. Specific work identified in the CSA includes:

Inclusionary Housing Feasibility Study & Ordinance. Housing Element Program H54.2 reiterates the City’s commitment to its existing and future affordable housing development programs, including an update to the City’s inclusionary policies to prioritize the production of affordable units. Currently, developers pay fees to satisfy the affordable housing demand generated by commercial and residential development. The new ordinance is expected to require the production of units to satisfy demand.

Renter Protection Program Development. Housing Element Program 4.6 includes creating programs that support residential tenants’ ability to stay in their homes and the community. The Housing Element identifies programs such as minimum lease terms and relocation assistance as two possible programs, but other programs may also be helpful for renters.

Support for other housing programs, including previously identified priorities for local live/work preferences for affordable housing, future programs for distribution of affordable housing impact fees, community engagement, City Council, Planning Commission, and other stakeholder engagement, identifying grant opportunities, housing project review technical assistance, and other related tasks as assigned.

The Consultant will work closely with city staff on these efforts. The Consultant is expected to be a collaborative resource for the Housing Policies and Programs Manager.

FISCAL IMPACT
The proposed 2024-2026 Biennial Budget and Capital Improvement Plan (CIP) allocates $450,000 of Community Development Maintenance funds for Housing Element Implementation – Housing Programs. The CSA costs of $200,000 are identified in the FY 2025 Capital Improvement Plan (CIP) and substantial work described in the CSA will occur in FY 2025. The Consultant will initiate CSA work in FY 2024 under the existing CSA (executed in FY 2020) using the remaining not to exceed budgeted funds in that agreement. No other budget amendment is necessary at this time.

Packet Page 25
REVIEW AND APPROVAL
Prepared by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
CPC Resolution
Agreement
Packet Page 26
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT

WITH COMMUNITY PLANNING COLLABORATIVE TO

PROVIDE PROFESSIONAL HOUSING PROGRAM

MANAGEMENT SERVICES
WHEREAS, the City of Newark (the “City”) has a need for professional planning services to support the City’s affordable housing program efforts; and WHEREAS, the City has previously worked with Community Planning Collaborative (the “Consultant”) to provide services related to housing program efforts; and WHEREAS, the City desires to enter into an Agreement with the Consultant to provide the desired services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute the Contractual Services Agreement with Community Planning Collaborative, in a form approved by the City Attorney, to provide housing program management services consistent with minimum qualifications provided by the City for a total not to exceed the amount of $200,000.

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

Packet Page 27
CSA 8/2019 -1-

CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this       day of           , 2024 by and between the CITY OF NEWARK, a municipal corporation (“City”), and COMMUNITY PLANNING COLLABORATIVE, a California corporation (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested a proposal to perform the services generally including housing program management services, project management services for the development of specific housing programs, technical support services related to engagement with local and regional stakeholders and project developers, community engagement on housing-related matters, identifying and preparing grants and grant application, and other related tasks and program assistance. The requested proposals included specific tasks related to the development of an inclusionary housing program and renter protection program.

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 Packet Page 28
CSA 8/2019 -2-
manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.

3. COMPENSATION.

A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant 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 Thousand and No/100 Dollars ($200,000.00) 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 monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).

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

Invoices shall be sent to:

City of Newark
Attn: Finance Department
37101 Newark Blvd.

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

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

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

Packet Page 29
CSA 8/2019 -3-

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

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

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

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

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

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

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

Packet Page 30
CSA 8/2019 -4-

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.

Packet Page 31
CSA 8/2019 -5-

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
Packet Page 32
CSA 8/2019 -6-

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 33
CSA 8/2019 -7-
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 34
CSA 8/2019 -8-
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 selfinsured 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.

Packet Page 35
CSA 8/2019 -9-

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.

Packet Page 36
CSA 8/2019 -10-

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

18. TERM/TERMINATION.

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

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

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 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:

CITY OF NEWARK

JOSHUA ABRAMS STEVEN TURNER
Consultant
Administrator
Address: Community Planning
Collaborative2639 Benvenue Av
Berkeley, CA 94704
City of Newark
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.

Packet Page 37
CSA 8/2019 -11-

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

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

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

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

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

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

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

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

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

31. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or 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.

Packet Page 38
CSA 8/2019 -12-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK,
a municipal corporation
By By
City of Newark Community Planning Collaborative (Consultant) Date Date

JOSHUA ABRAMS
Printed Name
Attest:

City Clerk
Date
Approved as to form:

City Attorney
Date
Packet Page 39

EXHIBIT A

SCOPE OF SERVICES
Housing Program Management Services
Consultant will provide Housing Program Management Services to the City based on assignments provided by the Community Development Director or designee. Consultant will be free from the control and direction of the City as it relates to the performance of the work.

Consultant will assign Kristy Wang, Principal, Joshua Abrams, Principal, and David Driskell, Principal, and subconsultants approved by the Community Development Director or designee, to provide the services including, but not limited, to the following:
 Provide project management and technical assistance to Community Development staff to implement policies and programs identified in or related to the 2023-2031 Housing Element;
 Work with Community Development staff to distribute Affordable Housing Impact Fees for the creation of deed-restricted affordable housing;  Assess possible renter assistance policies and programs that could be established in Newark;
 Provide technical assistance related to engagement with Alameda County local government stakeholders and regional partners to assess opportunities for collaboration;  Provide assistance related to community engagement with Newark residents and stakeholders, including but not limited to outreach, communications and meeting facilitation;
 Identify opportunities for grant funding; prepare grant applications and manage awards;  Assess affordable housing development projects for consistency with the City’s goals, policies, and actions;
 Provide technical assistance with negotiating affordable housing funding agreements on behalf of the City;
 Provide technical assistance with representing City staff within the community and at Planning Commission and City Council meetings related to affordable housing;  Provide technical assistance with representing the City at local and regional meetings; identify action items and coordinate activities and responses as necessary, and  Other related affordable housing tasks and programs as requested by the Community Development Director or designee.

Packet Page 40
TASK: INCLUSIONARY HOUSING FEASIBILITY & ORDINANCE
The adopted and certified 2023-2031 Housing Element (Housing Element) contains goals, policies, and programs to increase access to affordable housing. Specifically, Program H5.2 reiterates the City’s commitment to its existing affordable housing development programs, including an update to the City’s inclusionary policies (currently structured as an affordable housing impact fee) to prioritize production of affordable units. The following scope of work outlines the required tasks for an inclusionary housing feasibility study and ordinance.

For Newark’s Inclusionary Housing Program, the following scope prioritizes collaborative development and remains flexible and responsive to shifting local context. The scope may be adjusted based on refinements made during Project Kick-Off, and changing political and community context as the project progresses.

TASK 1 KICK OFF & PROJECT ADMINISTRATION
Task 1.1 Hold Project Kick-Off, Refine Workplan & Timeline We will start with a kick-off meeting with Newark staff to discuss project expectations regarding coordination, reporting, deliverables, and all relevant project information, including the number of prototypes to be analyzed. Next we will finalize a work plan and project schedule, accounting for public outreach, anticipated Planning Commission and City Council study sessions and hearings, and material preparation and review, and refine the budget in connection with finalizing the scope and workplan.

Task 1.2 Ongoing Coordination & Project Management
We anticipate both regular email communications and bi-weekly check-ins to ensure project coordination and troubleshoot issues as they arise. Successful project completion requires regular and ongoing management, and coordination between team members, community partners, and stakeholders. The project budget assumes time and effort devoted to this work.

TASK 1 DELIVERABLES
 Hold kick-off meeting
 Finalize scope and workplan
 Refine schedule based on finalized scope, including meetings and milestones  Create agendas and hold bi-weekly check-ins with the Newark team  Facilitate on-going project coordination
TASK 2 INTRODUCTION TO INCLUSIONARY
Task 2.1 Introductory Memo for Planning Commission and City Council We will draft a staff memo for the City Council and the Planning Commission to provide general education on inclusionary housing policy. The memo will provide context, identify issues and options and a schedule.

TASK 2 DELIVERABLES
 Draft memo for Planning Commission and City Council introducing the policy TASK 3 DATA GATHERING
Packet Page 41
Task 3.1 Interviews & Review of Existing Work
We will review reports, plans and other material identified by the city team to understand ongoing initiatives and the policy context of Newark. This should include any relevant existing ordinances, policies, programs, and practices that might inform the outreach process and program structure. The team will also review recently completed development projects, the planned development pipeline, and impact and permit fee schedules, etc. We will also select the applicable City real estate submarkets for the feasibility study.

Interviews with city staff and stakeholders identified by city staff will supplement document review, grounding our analysis in the reality of existing city systems.

Task 3.2 Best Practices & Regional Trends
We will review a selection of published resources and programs in neighboring and similar jurisdictions, identifying key trends that inform the local policy and market context of Newark. This will help us communicate that value of implementing best practices for the city, stakeholders, and the community at large by contextualizing program strategies within regional trends.

Task 3.3 Market Data Research
Century | Urban will lead market data research. Based on decision points identified by the project team, they will evaluate local residential market trends and report on critical metrics to consider in program development.

TASK 3 DELIVERABLES
 Conduct interviews and review existing work
 Identify regional trends and applicable best practices  Gather data on market trends and feasibility
TASK 4 STAKEHOLDER & COMMUNITY ENGAGEMENT
Task 4.1 Developer Meeting
For Newark, we propose convening a Developer Advisory Group to engage key community and industry partners. This should include development industry leaders and local market experts and others identified by city staff. We anticipate the group size to be less than 20 people to ensure inclusionary recommendations and strategies are well grounded in market realities and community needs. We assume close partnership with the city team in identifying Advisory Group members and issuing invitations.

We will coordinate and facilitate one stakeholder meeting designed to provide critical insight into the market realities, local industry norms, and the development process, along with existing housing needs.

This proposed scope and budget assumes stakeholder meetings will be held virtually, but these may be shifted to in-person as needed, with additional budget allocated to allow for effective in-person material development and activity facilitation. For each meeting, we will develop the agenda, run of show, and presentations as needed, along with facilitation and notetaking. We assume city staff will coordinate event logistics, outreach to attendees, and any necessary printing and registration.

Packet Page 42
TASK 4 DELIVERABLES
 Facilitate one virtual developer meeting
TASK 5 DEVELOP INSIGHTS/SUMMARIZE RESULTS
Task 5.1 Run Inclusionary Housing Calculator for Residential Feasibility Report We will synthesize data collected in Tasks 3 and 4 and develop an analysis of potential program structures using the Inclusionary Housing Calculator. This simulation tool is designed to explore the relationship between local mechanisms and housing development, outlining the impact that different requirements and incentives may have on unit count and affordability. We will work closely with Newark staff and Century | Urban to identify key assumptions and test metrics. This reporting methodology will allow us to check for feasibility and make real time adjustments to affordability percentage, AMI levels, financing options, and incentive strategies. We will meet with city staff and explore the results together.

The Inclusionary Housing Calculator gets us through the most challenging parts of feasibility analysis at half the cost, easing the way for decision making. A results summary will present scenario options in easy-to-understand tables and graphics that can be shared with elected officials and stakeholders.

Task 5.2 Summarize Strategy Options
Using data gathered through Task 2 and the feasibility report created in Task 3.1, we will establish a summary of the most effective program options for Newark’s housing market.

This will include information on programs in neighboring communities for comparison and context, an overview of anticipated administration costs, additional considerations for the city’s unique context, and a summary of program and policy recommendations.

TASK 5 DELIVERABLES
 Develop residential feasibility summary using Inclusionary Housing Calculator  Draft a summary of program and policy strategy options TASK 6 STAKEHOLDER & COMMUNITY ENGAGEMENT
Task 6.1 Developer Meeting
The Developer Advisory Group will review feasibility data and provide feedback on inclusionary programs and recommendations in one virtual meeting. This meeting will outline how stakeholder input and market data gathered so far have shaped recommendations and identify key decision points for a final ordinance and implementation structure.

For this stakeholder meeting we will manage activity design and facilitation planning, with the assumption that city staff will coordinate event logistics and outreach to attendees.

Task 6.2 Community Workshop
We will coordinate and facilitate one in-person community workshop, with the goal of introducing inclusionary housing program strategies, ensuring community voices are heard, and ground-truthing data. We will work to ensure we reach a diverse intersection of Packet Page 43
groups, including marginalized and underrepresented communities and community groups at risk of displacement.

The community workshop, facilitated by CPC and city staff, will be designed to serve a broad and diverse audience, covering the basics and encouraging feedback from the larger Newark community. Workshop activities will be structured to welcome conversation and help participants identify the priorities that make the biggest difference for housing in their communities. We will also support city staff with their coordination of event logistics, outreach to attendees and any necessary printing and registration.

The structure of this engagement may be refined based on feedback from the Stakeholder Advisory Group, City Council, and city staff, but at this stage we envision one community workshop.

Our proposed budget assumes this workshop will be held virtually as a Core Task, but at the discretion of the project team we may hold this workshop in-person, with additional budget noted as an Optional Task.

Task 6.3 Engagement Summary
A final summary will provide a brief overview of the stakeholder and community engagement activities and resulting findings. We will provide metrics on participation, major themes, key issue areas, and overall public opinion. These findings will be used to finalize recommendations for community-centered benefits, to be integrated into the inclusionary program structure and guidelines.

TASK 6 DELIVERABLES
 Facilitate one virtual developer meeting
 Facilitate one virtual community workshop (can be shifted to in-person with additional budget)
 Summary of engagement for inclusion in staff report
TASK 7 ORDINANCE & PRESENTATION
Task 7.1 Draft Results to Planning Commission and City Council We will draft the staff memo and slides for public hearings and will attend two sessions, one with the City Council and one with the Planning Commission, to present draft findings and recommendations on inclusionary housing strategies for Newark.

Presentations will outline how strategies are influenced by community needs and market feasibility and will identify key design points for Councilmembers and Commissioners.

Task 7.2 Review of Draft Ordinance
This proposal assumes Redwood Public Law will draft the inclusionary ordinance based on the assumptions, data, and other information collected and compiled by Community Planning Collaborative, Century | Urban, and direction given by the City. We expect to provide at least one round of revisions based on review of the draft ordinance.

Task 7.3 Final Review & Adoption with City Council & Planning Commission We will update the staff memo and slides and attend two sessions, one with the City Council and one with the Planning Commission, to help present the ordinance for Packet Page 44
adoption. At the discretion of city staff we may directly work with decision makers to address any final refinements and ensure easy adoption of the program.

TASK 7 DELIVERABLES
 Draft staff memo and slides for Planning Commission and City Council  Participate in two sessions (draft and final) with Planning Commission  Participate in two sessions (draft and final) with City Council  Provision of assumptions, data and other information to Redwood Public Law for drafting or the ordinance
 Review of draft ordinance

OPTIONAL TASK
Task 7.4 Draft Guidelines
Community Planning Collaborative can craft implementation guidelines that address both common pitfalls and challenges specific to Newark’s market and community needs, easing the way for city staff to carry out the new inclusionary program.

We would expect to revise these guidelines through an iterative process with city staff, identifying implementing departments, addressing structural questions, and ensuring enforcement provisions. Ultimately these guidelines will make inclusionary program implementation easier for both city staff and development partners alike and will ensure new funding opportunities and dignified housing options for Newark’s community.

Packet Page 45
TASK: RENTER PROTECTION PROGRAM DEVELOPMENT
The adopted and certified 2023-2031 Housing Element (Housing Element) contains goals, policies, and programs to help Newark residents stay in their homes and communities.

Specifically, Program H4.6 is intended to support tenant stability through minimum lease terms and relocation assistance. The following scope of work outlines the required tasks for the development of renter protection programs described in the Housing Element.

TASK 1 KICK OFF & PROJECT ADMINISTRATION
Task 1.1 Hold Project Kick-Off, Refine Workplan & Timeline We will start with a kick-off meeting with Newark staff to discuss project expectations regarding coordination, reporting, deliverables, and all relevant project information. Next, we will finalize a work plan and project schedule, accounting for public outreach, anticipated Planning Commission and City Council study sessions and hearings, and material preparation and review.

Task 1.2 Background Research
We will devote some time to reviewing renter protection best practices for minimum lease terms ordinances, including ordinances adopted by other Bay Area cities (including Redwood City) and researching best practices in relocation assistance that go beyond state law. Other renter protection programs may be reviewed and considered, but the expected focus would be on minimum lease terms and relocation assistance.

Task 1.3 Ongoing Coordination & Project Management
We anticipate both regular email communications and bi-weekly check-ins to ensure project coordination and troubleshoot issues as they arise. Successful project completion requires regular and ongoing management, and coordination between team members, community partners, and stakeholders. The project budget assumes time and effort devoted to this work.

TASK 1 DELIVERABLES
 Hold kick-off meeting
 Finalize scope and workplan
 Refine schedule based on finalized scope, including meetings and milestones  Create agendas and hold bi-weekly check-ins with the Newark team  Facilitate on-going project coordination
TASK 2 STAKEHOLDER & COMMUNITY ENGAGEMENT
Task 2.1 Stakeholder & Community Engagement Plan
In partnership with Newark staff, we will develop an engagement plan that identifies the target audience and areas for input. We will develop materials for outreach and create activities and facilitation tools to help us identify the issues most important to stakeholders, as well as major themes that will impact the development of the inclusionary ordinance and implementation program.

Based on input from the City team, recommendations from stakeholders, and our collective experience and expertise, we will develop a community outreach plan that facilitates Packet Page 46
participation from priority community groups. Community engagement will focus on defining and understanding the housing need in Newark.

We will work to ensure that a diverse intersection of groups are represented in stakeholder and community engagement efforts, including marginalized and underrepresented communities and community groups at low risk of displacement, capturing valuable perspectives on public opinion and building connections between local groups and city programs.

By establishing engagement across geographies, ethnicities, languages, and socioeconomic status we can contribute to a collective and shared understanding of local housing needs and strategies for more holistic affordability. The outcome should be a collective community guidance that shapes the development of the inclusionary housing program.

Task 2.2 Stakeholder Meetings
To engage key community and industry partners, we propose convening two in-person stakeholder meetings with tenants, service providers and advocates, and two virtual stakeholder meetings with landlords, property owners and housing providers and others identified by city staff. We anticipate the groups’ sizes to be fewer than 20 people.

For each meeting, we will develop the agenda, run of show, and presentations as needed, along with facilitation and notetaking. We assume city staff will coordinate event logistics, outreach to attendees, printing and registration. For the meeting with tenants, we assume we will coordinate Spanish interpretation and translation of meeting materials into Spanish.

Task 2.3 Stakeholder Interviews
We propose to allocate some time for coordinating and holding 1:1 conversations (phone/Zoom) with stakeholders with a range of perspectives. We will develop the agenda and take notes for these meetings.

Task 2.4 Community Meetings
We will coordinate and facilitate one in-person community workshop to collect priorities and needs and concerns, and one virtual community workshop to share recommendations with the community.

In close collaboration with Newark staff we will develop materials for facilitation, designing activities and resources that can be duplicated for subsequent engagement. We will also support city staff with their coordination of event logistics, outreach to attendees, printing and registration.

We assume Spanish interpretation and translation of materials for both meetings.

Task 2.5 Meeting Summaries
A final meeting summary will provide a brief overview of the outreach and engagement process and resulting findings. We will provide metrics on participation, major themes, key issue areas, and overall public opinion. Summary notes from each meeting and findings from the interviews will be included.

TASK 2 DELIVERABLES
Packet Page 47
 Develop stakeholder engagement and community outreach plan and materials  Facilitate two in-person stakeholder meetings (tenant) and two virtual stakeholder meetings (property owner/landlord community)
 Facilitate one in-person community meeting and one virtual community meeting  Summary of engagement for inclusion in staff report
TASK 3 DEVELOP ORDINANCE
Task 3.1 Develop Ordinance Recommendations
This proposal assumes Redwood Public Law will draft the ordinance based on the background research and community engagement completed by Community Planning Collaborative and direction given by the City. We will develop a set of key recommendations and terms for minimum lease terms and relocation assistance and provide to Redwood Public Law.

Task 3.2 Review Draft Ordinance
We expect to provide at least one round of revisions based on our review of Redwood Public Law’s draft ordinance.

Task 3.3 Final Review & Adoption with City Council & Planning Commission Community Planning Collaborative will be available to meet with city staff and attend two public hearings (Planning Commission and City Council) to present findings and recommendations for adoption of the ordinance. Presentations will outline how strategies are influenced by community and stakeholder needs.

At the discretion of city staff we may attend public meetings or directly work with decision makers to address any final refinements and ensure easy adoption of the program.

TASK 3 DELIVERABLES
 Provision of key recommendations to Redwood Public Law  Review of draft ordinance
 Final review and adoption public hearing process, including preparation of staff memo and slide presentation to City Council and Planning Commission

OPTIONAL TASKS
Task 3.4 Introduction to Tenant Protections with City Council and Planning Commission Community Planning Collaborative will be available to meet with city staff and attend two public hearings (Planning Commission and City Council) to introduce tenant protection possibilities and present initial findings for feedback.

ADDITIONAL TASK 3 DELIVERABLE
 Public hearings with City Council and Planning Commission to introduce tenant protections best practices and initial findings, including preparation of staff memo and slide presentation.

Packet Page 48
Packet Page 49
Packet Page 50

EXHIBIT B

PAYMENT
Consultant will charge for services according to the specific budget established for each defined task provided in Exhibit A. For Scope of Services not specifically defined with a budget, the Consultant will charge the following hourly rates, subject to change as agreed upon with the City on an annual basis:

FEE SCHEDULE
STAFF ROLE 2024 RATE
Josh Abrams Principal $240
David Driskell Principal $240
Kristy Wang Principal $220
Brandi Campbell Wood Principal $210
Bowen Close Creative Director $150
(graphic design rate)
Josh Ellsworth Consulting Senior Associate $145
GIS rate: $160
Associate $140
Bookkeeper $135
Interns $120
For subconsultant scope management and expense reimbursement, Consultant will apply a 10% mark-up.

Packet Page 51

EXHIBIT C

QUALIFICATIONS

COMMUNITY PLANNING COLLABORATIVE (CPC)
For over 25 years, Community Planning Collaborative (formerly Baird + Driskell Community Planning) has been a local and national leader in developing and implementing housing policy through participatory processes. We believe that the communities affected by a decision should help inform and shape it, and we work closely with our clients - as an extension of their staff team - to design strategies, policies, and programs that are supported by the community and implementable by staff. We are proud of our decades of proven experience designing, facilitating, and delivering on community-driven planning strategies, with a strong focus on affordable housing, equitable development, and community sustainability. Our collaborative approach leverages strategic partnerships to build stronger, more vibrant communities.

We are nationally known for our work developing inclusionary programs and nexus fee studies.

Our staff have contributed to inclusionary housing policies across the country in New York, Minneapolis, St. Paul, Denver, Detroit, and Seattle, and more locally in jurisdictions as diverse as Salinas, South San Francisco, and San Mateo County. We pioneered a multi-jurisdiction, collaborative approach to inclusionary housing studies in the Bay Area, and we led the creation of game changing staff tools like an Inclusionary Program Best Practice Checklist and an Inclusionary Housing Calculator.

We are also proud to offer a highly effective approach to community engagement and education, translating technical information into understandable and accessible formats, and developing creative tools that facilitate community dialogue. We have facilitated hundreds of meetings, large and small - from educational workshops that present complex information cleanly and clearly, to dispute resolution meetings that unite stakeholders and build consensus.

We have a large and growing toolkit of proven engagement methods, including real-time graphic recording, virtual webinars, online mapping and feedback tools, interactive open houses, and input tools available 24/7 in multiple languages.

CPC team members are seasoned experts in collaboration with city staff and community leaders. We undertake needs and program assessments, nexus and feasibility studies, housing strategy and program development, and collaborative multi-sector responses to shared challenges. We have written scores of housing plans focused on housing affordability, and we work extensively across the region supporting the implementation of Housing Element policies and programs that nurture inclusive communities.

Through our work in California and elsewhere, we are deeply familiar with communicating the realities and challenges of housing affordability and displacement – from regional analyses and policy discussions to the lived experiences of displaced households and communities at-risk.

We know that responding to these challenges requires creative solutions for keeping people in their neighborhoods, alongside proven strategies that preserve and enhance the cultural resources and community assets that help people thrive.

Packet Page 52
Experience Providing Similar Services
CPC is known for our housing expertise. From our ongoing housing policy and program work with Bay Area jurisdictions through the 21 Elements Collaborative, to specific engagements for individual cities and counties across California, we have deep experience across all of the types of potential policies and programs listed in the RFQ, including:

Regional Housing Technical Assistance | ABAG/MTC | 2020 – 2024 When the Association of Bay Area Governments (ABAG) received $23 million in technical assistance funding from the State of California, they engaged Community Planning Collaborative to help strategize how best to apply it for maximum impact. From formulation of the regional strategy to designing and delivering key aspects of the program, Community Planning Collaborative has worked hand-in-hand with ABAG staff to provide an unprecedented level of regional technical support and facilitate collaboration among the 109 jurisdictions in the nine-county region.

Building on the successful model of 21 Elements, we worked with ABAG staff to fund and facilitate creation of county-level planning collaboratives across the region to deliver tailored technical assistance and provide a platform for sub-regional learning, collaboration and action.

The funding also delivered nearly $11 million in local grants, and has supported the development of a rich array of tools, templates and work groups—many of which have been developed and delivered by the Community Planning Collaborative team and our partners.

Examples of our work include design and delivery of multi-jurisdiction work groups focused on Missing Middle Housing, Wildlife Mitigation and “Leading with Equity” as well as ongoing work sessions between planning and housing staff from “The Big Three” (San Francisco, Oakland and San Jose). We have also created tools such as a Housing Element RFP template; powerpoint templates and fact sheets to support local staff in explaining new state requirements to their councils and communities; and sample ordinances and legal guidance for implementation of recent state laws. All of the resources we created are found on the program website and technical assistance resource library.
21 Elements Collaborative & Let’s Talk Housing Community Engagement | San Mateo County Jurisdictions | 2008 - Ongoing
Since 2008, we have facilitated the 21 Elements collaborative – a cooperative project between all 21 city and county governments in San Mateo county. Effective and inclusive community engagement is central to good planning, and we make it a priority across shared 21 Elements initiatives. CPC staff are highly effective outreach facilitators, connecting stakeholders, service providers, and residents with planning staff to shape the decisions that impact their lives.

Packet Page 53
As part of our broad-spectrum support for jurisdictions’ Housing Element work we launched Let’s Talk Housing as a multi-year community engagement effort in March 2021.

The goal was to clearly explain to as many residents as possible what a Housing Element is, why it matters, and how to get involved.

The hallmark of Let’s Talk Housing is the comprehensive website, with user-friendly explanations of Housing Elements, affordable housing and why it matters, and details for individual communities. The site is available in Arabic, Chinese, English, Spanish, and Tagalog, with up-to-date accessibility features. In the first nine months we saw more than 17,000 visits. We also launched social media platforms to help people stay informed, and developed two informational videos: What is a Housing Element and Why Housing Elements Matter.

Let’s Talk Housing also included a series of events to inform the public about the Housing Element process and to hear what matters to the community – including webinars, virtual meetings, and listening sessions for specific stakeholders (fair housing organizations, housing advocates, builders/developers, and service providers). Each of the events featured dedicated time and space for people to ask questions and give feedback, and opportunities were provided in multiple languages. Altogether, thousands of participants contributed input that heavily influenced updates to these communities’ Housing Elements.

It was fundamentally important that community organizations be involved in Let’s Talk Housing, so we formed an Equity Advisory Group with 15 organizations focused on advancing equity and affordable housing. These groups worked together to advise on the Housing Element Update, gather community stories and input, and amplify messaging to their communities. Community stories and quotes were also compiled into Our Stories:

Housing in San Mateo County, with content for jurisdictions to use in their individual outreach efforts and Housing Elements.

Comprehensive Inclusionary Zoning Assessment Tool | 18 San Mateo County Jurisdictions
Cities work too hard to create affordable housing to have it lost due to preventable circumstances. For example, one city in the central part of the country was not following best practices and consequently had a foreclosure rate on their inclusionary homes above 14 percent. A community land trust in the same city followed best practices and had a foreclosure rate of zero. In other cases, cities have been sued or faced media criticism because they failed to integrate best practice approaches into program structures.

Understanding these pitfalls as the ordinance and guidelines are written can avoid the problems.

In response to this ongoing challenge, Community Planning Collaborative has helped develop, pilot, and refine a comprehensive affordable housing assessment tool. In collaboration with Cornerstone Partnership and the Ford Foundation, we led a comprehensive review of literature, conducted original research, and relied on over a decade of experience in the field to identify the top hundred most effective best practices for inclusionary zoning programs. We organized these into an assessment tool, helping program staff identify what’s working well and where there are opportunities for improvement. The Packet Page 54
results are presented in a report designed to help inclusionary zoning programs identify high priority changes.

In addition, we now employ an extensive resource library of model policies and programs from across the country to help jurisdictions address issues identified with the assessment tool. Gaps in policy and process can be filled with templatized resources, reducing the strain on local staff, building public support, and protecting affordable housing programs for future generations.

Grand Nexus & Feasibility Study | San Mateo County Jurisdictions | Completed 2014 Facing a growing need for affordable housing and a dire lack of funding, local jurisdictions in San Mateo County needed to explore a new impact fee program. Coordinated by Community Planning Collaborative, city staff undertook a groundbreaking, cooperative approach to studying new development and housing demand. By combining efforts local jurisdictions saved time and staff resources, drastically reducing the budget necessary for the results they needed.

Affordable housing impact fees often compliment inclusionary housing policies, and by collaboratively studying both residential and commercial development across jurisdictions we were able to build a feasibility analysis that met the needs of local communities while accounting for regional trends. This effort, called the Grand Nexus Study, addressed development feasibility and the nexus analysis legally required for implementation, while focusing on how much housing was necessary to welcome new lower income workers and prevent displacement of existing households.

The first step was helping each jurisdiction identify what type of development to study.

Residential prototypes included single-family detached homes, condos, townhomes, and apartments. Commercial studies included offices, retail, restaurants, and hotels. The study was customized for each jurisdiction to provide granular information on market data, demographics, policy issues, and feasibility. Each city received two separate studies, one for residential development and a second for commercial development.

The end result was clear, and almost all cities adopted new impact fee programs, generating millions of dollars and supporting thousands of new homes. This project won the 2014 APA California Northern Section Award of Excellence, Best Practices.

Redwood City Inclusionary Housing Study | City of Redwood City | 2018 Community Planning Collaborative partnered with Century | Urban to advise the City of Redwood City on the feasibility, scope and structure of planned inclusionary housing requirements for development projects. Century | Urban created multiple building model templates, researched local construction costs and fees, developed a financial model reflecting potential revenues and costs associated with project income, and estimated required returns on development. CPC and Century | Urban then evaluated the impact of potential inclusionary housing requirements on development feasibility while balancing inclusionary housing objectives.

Packet Page 55
San José Anti-Displacement Working Group/Community Opportunity to Purchase Act | City of San José | Completed December 2021
In September 2020, the San José City Council approved an Anti-Displacement Strategy and directed the Housing Department to focus on key priorities. One priority was to develop a Community Opportunity to Purchase program that would give notice and a right of first refusal to qualified nonprofit buyers.

In addition, the City Council approved the creation of an Anti-Displacement Working Group, comprised of two subgroups. The first was a broad Advisory Group made of diverse stakeholders, including members of the public and people experts in housing policy and real estate. The second part was a smaller Technical Advisory Committee, which dove deeply into the details of program design, then reported back to the Advisory Group. A central principle was that organizations and people most impacted should be at the table throughout to shape a successful program.

In early 2021, San Jose invited Community Planning Collaborative to help organize and facilitate the two-part working group, and to ensure that the design of the Community Opportunity to Purchase program works for all relevant stakeholders. The Working Group was comprised of community members and leaders from all council districts across the city and included voices of those who will be directly impacted by the policy: apartment owners, tenants, housing providers, developers, realtors, and housing advocates. This was a multilingual engagement process, with regular community meetings occurring in English, Spanish, and Vietnamese. We cannot say everyone always agreed, that was not in the cards, but everyone was heard, the meetings were productive, and the process was effective.

The effort concluded in December 2021, having engaged 167 community members from all council districts and resulting in a draft program framework for City Council consideration.

Packet Page 56
Joshua Abrams | Principal
Josh has more than 15 years of professional planning experience working on a range of strategic planning issues. He has managed numerous projects in the areas of organizational development, housing, land use planning, long-range comprehensive planning, community design and transportation. In all of these projects, particular emphasis has been given to ensuring effective and meaningful participation of key stakeholders as well as the general public in the planning and background.

He is a seasoned meeting facilitator, writer, and editor with expertise in packaging technical information in a way that is accessible to a wide audience. He is also a certified mediator and has helped participants solve disputes in dozens of cases. He has served on the board of directors of the Northern California Land Trust for almost a decade and wrote an article for the Journal of the American Planning Association entitled “The Zoning Dispute Whisperer: Adding mediation to the planner’s toolkit.”
Josh is passionate about affordable housing, environmental justice and sustainability and has written affordable housing plans, inclusionary zoning ordinances and coordinated nexus studies.

A frequent speaker on the topic, he is a national Accessory Dwelling Unit expert and has pioneered a suite of tools for homeowners and jurisdictions that has been shown to increase housing production. Notable recent projects include 21 Elements Grand Nexus Study, San Mateo County ADU Workbook and Toolkit, Napa and Sonoma County ADU Workbook and Toolkit, and Marin Countywide Housing Workbook.

Education
Master of City and Regional Planning, Cornell University Bachelor of Arts, Biology and Environmental Studies, Carleton College Professional Experience
Planner, Moore Iacofano Goltsman, Inc., Berkeley, CA
Principal, Community Planning Collaborative, Ithaca, NY Professional Memberships
American Planning Association
Packet Page 57
David Driskell | Principal
For nearly 30 years, David has been devoted to ensuring that those affected by decisions help inform and shape them. In addition to his work at Baird + Driskell Community Planning (which became Community Planning Collaborative in 2023), he served for eight years as Boulder, Colorado’s Executive Director of Planning, Housing and Sustainability, overseeing energy, climate and zero waste initiatives as well as long-range planning, affordable housing, development review and redevelopment. He subsequently served as Seattle’s Deputy Director of Planning and Community Development, helping build a new department focused on equitable development and integrated cross-department planning and action.

As part of his long-standing commitment to engagement, David has had a particular focus on young people’s participation. From 2005 to 2009 he served as UNESCO Chair for Growing Up in Cities at Cornell University, leading an international action-research program while teaching and working directly with community organizations in New York and Nairobi. He also authored Creating Better Cities with Children and Youth as well as book chapters and journal articles on youth engagement, and led training programs across North America, Europe, the Middle East, South Asia and East Africa.

David has taught classes on participatory planning and action research at Cornell, Stanford, and UC Berkeley; serves on the national board for ICLEI-USA; was a founding member of the Carbon Neutral Cities Alliance; and is a lead author for the Urban Climate Change Research Network’s Third Assessment Report on Climate Change and Cities.

Education
Master of City Planning, Massachusetts Institute of Technology Public Affairs Fellowship, Coro Foundation (San Francisco) Bachelor of Arts, Urban Studies, Stanford University
Professional Experience
Deputy Director, Planning and Community Development, City of Seattle Executive Director, Planning, Housing and Sustainability, City of Boulder UNESCO Chair for Growing Up in Cities, Cornell University Founder and Managing Editor, MIG Communications
Project Manager, Moore Iacofano Goltsman, Inc.

Professional Memberships
ICLEI-USA (Local Governments for Sustainability), Board member American Planning Association
Packet Page 58
Kristy Wang | Principal
Kristy Wang has nearly 20 years of experience in housing policy and planning, land use, community planning and affordable housing development. At CPC, her portfolio spans a range of projects — from supporting local governments on housing policy, affordable housing, and community engagement to research and writing for nonprofits and foundations. Kristy brings deep knowledge of housing and planning policy in the San Francisco Bay Area as well as project management skills and people convening/facilitation expertise. Kristy also values her work as a teacher, mentor, and advisor.

As SPUR’s community planning policy director for seven years, she led the organization’s work in community planning and housing through policy research, development, and advocacy, and she co-authored several housing reports as part of SPUR’s Regional Strategy, including SPUR’s anti-displacement agenda. She also served on the board of Tenderloin Neighborhood Development Corporation (TNDC) for six years. Prior to SPUR, Kristy worked for BRIDGE Housing Corporation, developing more than 1,000 new and rehabilitated affordable housing units and 100,000 square feet of mixed-use space.

Kristy has developed and taught courses in planning, urban development and affordable housing at Stanford University and San Francisco State University and has been a guest lecturer at several other universities. Kristy was awarded SF State’s 2020 Urban Studies & Planning Excellence in Community Service Award for her involvement with the program and focus on engaging and mentoring women and people of color.

Education
Master of City Planning, Massachusetts Institute of Technology Master of Science in Real Estate Development, Massachusetts Institute of Technology Bachelor of Arts, Architecture (concentration in Urban Studies), Yale University Professional Experience
Community Planning Policy Director, SPUR
Project Manager, BRIDGE Housing Corporation
Professional Memberships
Greenbelt Alliance, Board Member
Non-Profit Housing Association of Northern California
Packet Page 59
Brandi Campbell Wood | Principal and ADU Programs Director Brandi has more than 14 years of professional planning and project management experience across the private, public, and non-profit sectors. She currently oversees all ADU work and product development, and has managed or contributed to numerous projects including Napa and Sonoma ADU, Marin ADU, Mother Lode ADU, 21 Elements, Let’s Talk Housing and the Equity Advisory Group, and the ABAG/MTC Housing Planning Technical Assistance Program. Similar to her colleagues, she values meaningful public and stakeholder participation. Brandi has a diversity of skills across disciplines with a background that includes environmental and community-based work. Her path to planning grew out of a passion to help others improve their access and outcomes, largely inspired by the experiences of her family. Her grandparents were migrant farm workers in the San Joaquín Valley, where much of her family still lives today. She enjoys all facets of a project, from working closely with clients and managing complex teams to graphic design and communicating technical information so that it is accessible to everyone.

Prior to joining the firm, Brandi worked as the Chief of Staff for the Office of Mayor Arreguín in Berkeley, where she led all housing and sustainability efforts including the Mayor’s Housing Task Force, Housing Action Plan, Small Sites Program, Tenant Opportunity to Purchase legislation and Vision 2050, a long-range green infrastructure implementation plan informed by the Climate Action Plan. She also worked as the Program and Development Manager for Roots of Success, an environmental literacy and workreadiness curriculum for the hardest to employ.

Education
Master of Urban & Regional Planning, Portland State University Bachelor of Science in Environmental Studies, San Francisco State Univ.

Professional Experience
Senior Planner, Baird + Driskell Community Planning
Chief of Staff, Office of Mayor Arreguín, City of Berkeley, Berkeley, CA Associate Planner, Baird + Driskell Community Planning
Program and Development Manager, Roots of Success, Berkeley, CA Coordinator, SoMa EcoDistrict, Portland, OR
Researcher, Green Connections Program, City of San Francisco Professional Memberships
American Planning Association
Non-Profit Housing Association of Northern California
Packet Page 60
Item  D. 4.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Senior Management Analyst
SUBJECT    Adopt a resolution approving the First Amendment to the Software as a Service Agreement with Axero Holdings, LLC and amending the 2022-2024 Biennial Budget and Capital Improvement Plan for FY2024
SUMMARY AND RECOMMENDATION
Axero Holdings provides intranet software as a service for the City. The existing three-year agreement includes licenses for 175 users, and the City is currently exceeding capacity. Staff recommends that the City Council, by resolution, approve the First Amendment to the Software as a Service Agreement with Axero Holdings to increase the user licenses from 175 to 195 and amend the 2022-2024 Biennial Budget and Capital Improvement Plan to appropriate an additional $2,441.55 for FY2024 services.

BACKGROUND
In November 2022, City Council approved a three-year Software as Service Agreement (SaaS) with Axero Holdings in an amount not to exceed $73,400.77 to provide annual cloud hosting, security, backup, upgrades and maintenance support services for an intranet. An intranet is a private network that is used to securely share internal information and employee resources. The intranet is currently being used as the primary source for employee communication, file storage, and an employee recognition platform. The City is currently in year two of the three-year agreement, which is valid through November 27, 2025.

DISCUSSION/ANALYSIS
At the time the agreement was executed, the intent was for the intranet to be used by regular full-time and regular part-time staff only and, therefore, 175 user licenses were included in the SaaS. Due to the desire to make the intranet available to certain temporary positions, an additional twenty user licenses are needed. The increase in user licenses will allow the City to be more inclusive of staff that support operations while it continues to emphasize communication and employee recognition. The cost to increase the user licenses from 175 to 195 equates to an additional $5,034.23 over the remainder of the three-year agreement. The total annual cost for year two (2) will increase from $21,356.25 to $23,797.80. In year three (3) the Packet Page 61
cost will increase from $22,691.02 to $25,283.70. The remaining terms of the agreement will remain the same and Axero will continue to provide annual cloud hosting, security, backup, upgrades and support and maintenance services for the City's intranet.

FISCAL IMPACT
The total not-to-exceed amount for the First Amendment to the SaaS would be increased by $5,034.23 for a total not-to-exceed amount of $78,435.  Staff requests authorization to amend the 2022-2024 Biennial Budget and Capital Improvement Plan for FY2024 to appropriate $2,441.55 for the additional cost of year two of the agreement. The additional funds required for FY2025 will be included in the 2024-2026 Biennial Budget requiring City Council approval.

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Senior Management Analyst
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - Axero
First Amendment - Axero
Agreement - Axero
Packet Page 62
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDMENT TO THE SOFTWARE AS A

SERVICE AGREEMENT WITH AXERO HOLDINGS LLC
AND AUTHORIZING AN AMENDMENT OF THE 2022-2024

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN
WHEREAS, on November 28, 2022 the City executed a Software as a Service Agreement (No.C22066) with Axero Holdings, LLC to provide intranet services; and WHEREAS, the City finds the need to increase the user licenses from 175 to 195 for the remainder of the three-year agreement; and
WHEREAS, the additional licenses are needed to allow City staff to use the intranet as the primary source of internal communication, file storage and as an employee recognition platform; and
WHEREAS, the additional user licenses will result in an additional $5,034.23 during the remaining term of the agreement.

NOW THEREFORE, BE IT RESOLVED that the City Council herby authorizes the City Manager to execute an amendment to the Software as a Service Agreement with Axero Holdings LLC to increase the user license count from 175 to 195 and increase the not-to-exceed amount by $5,034.23 for a total not-to-exceed amount of $78,434.23 (over the three-year agreement).

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes an amendment to the 2022-2024 Biennial Budget and Capital Improvement Plan by appropriating $2,441.55 for FY2024 for year two of the contract as follows:

FROM:

Description Account Amount
General Fund Balance 110-3000 $2,441.55
TO:

Description Account Amount
IT Software/Licenses 110.21.021.200.6150 $2,441.55
Packet Page 63
1 FIRST AMENDMENT TO THE SOFTWARE AS A

SERVICE AGREEMENT BETWEEN THE CITY OF

NEWARK AND AXERO HOLDINGS LLC
This First Amendment to Software as a Service Agreement C22066 between the City of Newark, a municipal corporation, ("City") and Axero Holdings LLC, ("Consultant") (referred to as "Parties") dated November 28, 2022 (the “Agreement”), is entered into as of May __________, 2024.

RECITALS
WHEREAS, the Parties executed the Agreement for intranet software as a service; and WHEREAS, Section 28, 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 Exhibit B to increase the user licenses from 175 to 195; and
WHEREAS, the Parties desire to amend the Agreement, Section 5.B to increase the “Not to Exceed” Compensation amount by $5,034.23; 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 5.B. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $5,034.23, for a total not to exceed amount of $78,435 (from a previous not to exceed amount of $73,400.77).

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

Packet Page 64
2 City of Newark Consultant
David J. Benoun Adam IIowite
City Manager Axero Holdings, LLC.

Dated: Dated:

Attest:

Sheila Harrington
City Clerk
Approved as to Form:

Kristopher J. Kokotaylo
City Attorney
Packet Page 65

SOFTWARE AS A SERVICE AGREEMENT
Axero Intranet Software as a Service
1 SaaS (2022-1)
This Software as a Service Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF NEWARK, a municipal corporation (hereinafter "City" or “Customer”), and Axero Holdings LLC, a Delaware LLC, (hereinafter "Consultant” or “Axero”). City and Consultant may be collectively referred to herein as the “parties.”

RECITALS
A. City requested a proposal from Consultant to perform the services generally including: intranet software as a service.

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

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. DEFINITIONS.
“Authorized User” means the City’s employees, consultants, contractors, and agents (i) who are authorized by City to access and use the Software and Cloud-Hosted Service under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Software and Cloud-Hosted Service has been purchased hereunder.
“Documentation” means technical manuals, training manuals, user guides, and workbooks, as updated and amended from time to time, provided by Consultant to assist Customer with the use of Software.
“City Content” means any information or data related to City, whether supplied by City, Authorized User, or a constituent of the City, that is input into the Cloud-Hosted Service by City or a constituent of the City, in connection with the use of the Cloud-Hosted Service. “Cloud-Hosted Service” or “Hosted Service” means the solution is designed from the ground up for cloud and is a multi-tenant cloud environment. In addition, Consultant owns, provides and oversees infrastructure, software and administrative tasks and makes its service available to City over the Internet using a standard web browser. The Cloud-Hosted Service includes the software and Consultant’s network capacity as well as the equipment used by Consultant to support operations including storage, hardware, servers and networking components. The infrastructure in the cloudhosted environment is properly secured through multiple physical, procedural, and technical safeguards to segregate and protect City’s data.
“Software” means all or any portion of the global version of the binary computer software programs and updates and enhancements thereto, (including corresponding source code, unless specifically excluded herein) and Documentation delivered by Consultant to Customer. Software includes the third-party software delivered by Consultant as specified in the Schedule, and modifications made to the Software. Software does not include source code to third party software. Unless specifically C22066
R11432
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 66
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
2 SAAS (2022-1)
stated otherwise, all Software is delivered to City only if and when generally commercially available. “Third-Party Software” means any third-party products or software provided with or incorporated into the Software, Documentation, or Cloud-Hosted Service.

2. SCOPE OF SERVICES. Consultant shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions contained in this Agreement.

3. TIME FOR PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall commence performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” 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 the Consultant. Consultant shall submit all requests for extensions of time to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

4. CLOUD-HOSTED SERVICE.
4(A). Right to Use the Cloud-Hosted Service, Software and Documentation. In consideration of all obligations of City hereunder, including, without limitation, the payment by City of the Fees, Consultant hereby grants to City, during the term of this Agreement, a non-exclusive, nontransferable (except as otherwise provided for herein), right and license to access and use the Software and Cloud-Hosted Service, and to make a reasonable number of copies of and use the Documentation in connection with such use of the Cloud-Hosted Service, solely for use in accordance with the terms and conditions herein.
4(B). Use Restrictions. City shall not use the Software or Cloud-Hosted Service for any purposes beyond the scope of the access granted in this Agreement and shall not at any time, directly or indirectly, nor permit any Authorized User to: (i) access and/or use the Software or Hosted Service in order to design, create or build a service or product that is competitive with the Software or Cloud-Hosted Service, or which uses ideas, features or functions that are similar to the Software or Cloud-Hosted Service; (ii) rent, lease, license, sublicense, sell, resell, transfer, assign, publish, distribute or otherwise commercially exploit or make available to any third party the Software, Documentation, or Cloud-Hosted Service, except as expressly permitted herein; (iii) copy, modify or make derivative works based upon the Software, Documentation, or CloudHosted Service or any part thereof; (iv) directly or indirectly disassemble, decompile, decode, adapt, derive or gain access to, or otherwise reverse engineer the Software or Cloud-Hosted Service or any portion thereof; (v) remove any proprietary notices from the Software, Documentation, or Cloud-Hosted Service; or (vi) use the Software, Documentation, or CloudHosted Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right of any person, or that violates any applicable law.. 4(C). Proprietary Rights. The Software, Documentation, and Cloud-Hosted Service, including DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 67
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
3 SAAS (2022-1)
all intellectual property rights therein and thereto, and any modification thereof, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing (collectively, “Consultant IP”) are and shall remain the exclusive property of Consultant and its licensors. City shall not take any action that jeopardizes the proprietary rights of Consultant or its licensors or acquire any right in the Consultant IP except the limited rights expressly granted in this Agreement. Nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Consultant IP.
4(D). Internet and Telecommunication Connections. City shall be responsible for obtaining any and all Internet and/or telecommunication connections used by City to access the CloudHosted Service. Consultant shall have no responsibility or liability for any interruption or delay in accessing or using the Cloud-Hosted Service arising out of such Internet or telecommunications connections.
4(E). City Content.
i. City shall provide City Content for inclusion in the Software or the Cloud-Hosted Service.

City is responsible for the quality of the City Content provided. Consultant is responsible for the quality of the display or use of the City Content provided for inclusion in the City database.
ii. Consultant acknowledges that all data created by City will remain the sole property of the City. Consultant agrees that it shall not at any time sell, assign, transfer, or otherwise knowingly make available City Content to any third party unless agreed to or contemplated herein or otherwise agreed to in writing by the City. iii. City shall exclusively own the City Content collected by Consultant in connection with the Cloud-Hosted Service; provided, however, that City hereby grants to Consultant a non-exclusive limited right and license, without the right to grant or authorize sublicenses, during the term of this Agreement to use and reproduce City Content, solely for the purpose of facilitating the performance of Consultant’s obligations under this Agreement, and the right to use data aggregated from the City Content (which data does not identify the city, or any individual or entity) during and after the term of the Agreement. As between the City and Consultant, all right, title, and interest in the aggregated data, and all intellectual property rights therein, belong to and are retained solely by Consultant. The City further agrees that Consultant may make such aggregated data publicly available in compliance with applicable law, use such aggregated data to the extent and in the manner permitted under applicable law. iv. Consultant acknowledges that City is entitled to copy, export, or otherwise duplicate any available City Content at any time during the term of this Agreement. v. Consultant shall, at City’s request and the City’s sole cost and expense, make available City Content within five business days. The database instance must be in a condition and format that allows easy transfer to a similar system.
vi. In the event this Agreement expires or is terminated, Consultant shall reasonably provide City with all City Content within thirty calendar days of such termination or expiration without charge in a manner and format in Consultant’s sole discretion. After providing City Content to the City, Consultant may delete the City Content. City Content shall be in dedicated data files suitable for import into commercially available database software DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 68
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
4 SAAS (2022-1)
(e.g., Microsoft SQL). The dedicated data files will be comprised of City Content contained in the Cloud-Hosted Service. The structure of the relational database will be specific to City Content and will not be representative of the proprietary Consultant’s database.
4(F). Suspension. Notwithstanding anything to the contrary in this Agreement, Consultant may temporarily suspend the City’s and any Authorized User’s access to any portion or all of the Software and Cloud-Hosted Service if: (i) Consultant reasonably determines that (A) there is a threat or attack on any of the Consultant IP; (B) the City’s or any Authorized User’s use of the Consultant IP disrupts or poses a security risk to the Consultant IP or to any other the City or vendor of Consultant; (C) the City, or any Authorized User, is using the Consultant IP for fraudulent or illegal activities; (D) subject to applicable law, the City has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Consultant’s provision of the Software and CloudHosted Service to the City or any Authorized User is prohibited by applicable law; (ii) any vendor of Consultant has suspended or terminated Consultant’s access to or use of any third-party Software and Cloud-Hosted Service or products required to enable the City to access the Software and Cloud-Hosted Service; or (iii) in accordance with Section 5(A) (any such suspension described in subclause (i), (ii), or (iii), a “Service Suspension”). Consultant shall use reasonable efforts to provide written notice of any Service Suspension to the City and to provide updates regarding resumption of access to the Software and Cloud-Hosted Service following any Service Suspension. Consultant shall use commercially reasonable efforts to resume providing access to the Software and Cloud-Hosted Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Consultant will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension.

5. PAYMENT.
5(A). Billing. Subject to the provisions of this Agreement, the City shall pay to Consultant the fees in United States Dollars "USD" in the amount and manner prescribed in Exhibit B without offset or deduction, attached hereto and incorporated herein by this reference (the “Fees”). The City will pay Consultant the invoiced amount within 30days from receipt of invoice, unless otherwise agreed to by both parties on an invoice by invoice basis. The Fees do not include taxes, duties or charges of any kind. If Consultant is required to pay or collect any local, value added, goods and services taxes or any other similar taxes or duties arising out of or related to this Agreement (not including taxes based on Consultant’s income), then such taxes and/or duties shall be billed to and paid by the City. If the City fails to make any payment when due, without limiting Consultant’s other rights and remedies: (i) Consultant may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) the City shall reimburse Consultant for all reasonable costs incurred by Consultant in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for ten (10) days or more, Consultant may suspend the City’s and its Authorized Users’ access to any portion or all of the Software and Cloud-Hosted Service until such amounts are paid in full.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 69
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
5 SAAS (2022-1)
5(B). “Not to Exceed” Compensation. The compensation payable to Consultant for the services identified in Exhibit “A” shall not exceed $73,400.77Consultant shall not perform any services beyond the services identified in Exhibit “A” without prior written authorization from the City’s Authorized Representative.
5(C). Consultant’s Failure to Perform. In the event that Consultant performs services which do not reasonably comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the Consultant). The City acknowledges and agrees that re-performance of the services shall be the City’s sole and exclusive remedy for any non-compliance.

6. AUTHORIZED REPRESENTATIVES.
6(A). Consultant’s Authorized Representative. Consultant understands that, in entering into this Agreement, the City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of the Consultant (including the qualifications of its Authorized Representative, its personnel, and its subconsultants, if any) identified in Exhibit “C,” attached hereto and incorporated herein by reference. Therefore, Consultant shall not replace its Authorized Representative, or any of the personnel or subconsultants identified in Exhibit “C,” without the prior written consent of the City, not to be unreasonably withheld. All services under this Agreement shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative, as identified in Exhibit “C.” 6(B). City’s Authorized Representative. For the performance of services under this Agreement, the Consultant shall take reasonable direction from the City’s Authorized Representative: Roya Gonzalez unless otherwise designated in writing by the City’s Authorized Representative or the City Manager.

7. INFORMATION AND DOCUMENTATION.
7(A). Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of services under this Agreement. If Consultant believes additional information is required, Consultant shall promptly notify the City, and the City will provide to Consultant all relevant non-privileged information in City's possession. 7(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 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, subconsultant 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. 7(C). Ownership of Work Product. Except for any Consultant IP, all original documents prepared by Consultant (including its employees and sub-consultants) for this Agreement (“work product”), whether complete or in progress, are the property of the City and shall be given to the City at the completion of Consultant’s services, or upon demand by the City. In the event any DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 70
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
6 SAAS (2022-1)
work product includes Consultant IP, Consultant hereby grants the City a non-revocable, assignable, transferable, worldwide, royalty-free, perpetual license to use such Consultant IP solely in connection with the work product.
7(C). Intellectual Property Rights Ownership. The Consultant IP, Software, Cloud-Hosted Services, (including upgrades and custom software), source code, and Documentation are and will remain the exclusive property of Consultant. City has no right, title, or interest to or in the Software (including Upgrades and Custom Software), source code, or Documentation, except as expressly granted in this Agreement. City Content that is converted by Consultant and data that City develops using the Software (collectively, "City Content") are and will remain the exclusive property of City. Consultant has no right, title, or interest to or in City Content except as otherwise set forth herein. All materials, ideas, concepts, know-how or techniques developed or performed by Consultant during the course of performance of this Agreement will be and are the exclusive property of Consultant. If the City, Authorized Users, or any of its employees or contractors sends or transmits any communications or materials to Consultant by mail, email, telephone, or otherwise, suggesting or recommending changes to the Consultant IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Consultant is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City hereby assigns to Consultant on The City’s behalf, and on behalf of its Authorized Users, employees, contractors and/or agents, all right, title, and interest in, and Consultant is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Consultant is not required to use any Feedback.

8. RELATIONSHIP BETWEEN THE PARTIES. Consultant is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or subconsultants, including any negligent acts or omissions. Consultant is not City’s agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Consultant. Consultant is not an officer or employee of City, and Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement.

9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not knowingly maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.

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, or gender.

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 under this Agreement using a standard of care equal to, or greater than, DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 71
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
7 SAAS (2022-1)
the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

12. RESERVED

13. CUSTOMER RESPONSIBILITIES.
12(A). General. The City is responsible and liable for all uses of the services, Software, Documentation, and Cloud-Hosted Service resulting from access provided by the City, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.

Without limiting the generality of the foregoing, the City is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by the City will be deemed a breach of this Agreement by the City. The City shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the services, Software, Documentation, and Cloud-Hosted Service and shall cause Authorized Users to comply with such provisions.
12(B). Third-Party Products. The City acknowledges and agrees that the Software and CloudHosted Service may contain Third-Party Software including open source software that is governed by additional terms and conditions. A list of Third-Party Software included in the Software or Cloud-Hosted Service is available in the Documentation. The City agrees that Consultant shall not be responsible for any liability arising out of or relating to Third-Party Software.
12(C). Necessary Rights. The City has all rights, licenses, and consents to provide any and all information to Consultant under this Agreement including, without limitation, any and all City Content and personally identifiable information included in the same and the City shall indemnify, defend, and hold harmless Consultant from and against any breach of the foregoing.

14. INSURANCE. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant (including its agents, representatives, sub-consultants, and employees) in connection with the performance of services under this Agreement of the types and in the coverage amounts set forth in Exhibit D entitled “Insurance Requirements”. This Agreement identifies the minimum insurance levels with which Consultant shall comply; however, the minimum insurance levels shall not relieve Consultant of any other performance responsibilities under this Agreement (including the indemnity requirements), and Consultant may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Agreement by the Consultant, and prior to the commencement of any services, the Consultant shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Consultant shall provide substitute written proof of insurance no later than thirty days prior to the expiration date of any insurance policy required by this Agreement.

14. CONFIDENTIAL INFORMATION.
14(A). The term “Confidential Information” shall mean any and all information which is DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 72
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
8 SAAS (2022-1)
disclosed by either party (“Owner”) to the other (“Recipient”) verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, customer lists, employee information, financial information, confidential information concerning Owner’s business, as Owner has conducted it or as it may conduct itself in the future, confidential information concerning any of Owner’s past, current, or possible future products or manufacturing or operational methods, including information about Owner’s research, development, engineering, purchasing, manufacturing, accounting, marketing, selling or leasing, and any software (including third party software) provided by Owner. Owner’s Confidential Information shall be treated as strictly confidential by Recipient and shall not be disclosed by Recipient except to those third parties with a need to know and that are operating under a confidentiality agreement with non-disclosure provisions no less restrictive than those set forth herein. This Agreement imposes no obligation upon the parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior to receipt from Owner; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Recipient in good faith from a third party having the right to disclose it without an obligation on confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access to the Confidential Information or (e) is required to be disclosed by court order or applicable law, provided prior notice is given to the Owner. The Recipient shall not obtain, by virtue of this Agreement, any rights title or interest in any Confidential Information of the Owner.

Within fifteen days after termination of this Agreement, each party shall certify in writing to Owner that all copies of Owner’s Confidential Information in any form, including partial copies, have been destroyed or returned to Owner provided, however, that Recipient shall have the right to retain one copy of such Confidential Information for archival purposes and such copy shall remain subject to the obligations of non-disclosure hereunder.

Consultant acknowledges that the City is a governmental agency and may be required to release certain information under requests made according to provisions of the California Public Records Act (Cal. Gov. Code Sections 6250, et seq.).
14(B). Recipient shall protect the deliverables resulting from services with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which Recipient utilizes for Recipient’s Confidential Information. 14(C). The terms of this Section 14 shall survive termination of this Agreement.

15. SECURITY OBLIGATION OF CONSULTANT. Consultant must comply with all security obligations contained in this Agreement and attached exhibits. The City reserves the right to request any additional audits (self and/or independent), and supportive evidence that demonstrates Consultant’s compliance with the security specifications listed in this Agreement, in addition to the security obligations in this Agreement and attached exhibits. Consultant shall:
15(A). Comply with all applicable legal requirements including all federal, state, and local laws, whether or not said laws are expressly stated in this Agreement. 15(B). Implement and document appropriate technical, physical, and administrative safeguards DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 73
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
9 SAAS (2022-1)
to protect the confidentiality, integrity, and availability of the data and systems receive, maintain, or transmits for or on behalf of the City.
15(C). Apply security patches, perform regular vulnerability assessments and use encryption for all electronic transmission of sensitive and/or protected data. 15(D). Report to the City any use or disclosure of sensitive and/or protected data that is not permitted under this Agreement as soon as reasonably practicable upon discovery but not later than five calendar days from discovery, and mitigate, to the extent practicable and in cooperation with the City, any harmful effects known to it in connection with a use or disclosure made in violation of this Agreement.
15(E). Unless prohibited by applicable law, report to the City of any security incident and/or breach upon discovery within seventy-two hours of knowledge the City Content was affected as a result of such incident and/or breach. A security incident and/or breach shall include, but is not limited to, unwanted disruption or denial of service or unauthorized use of a system for processing or City data. Reports shall include successful security incidents. 15(F). Ensure that any subcontractors, vendors, and agents to whom it provides City data or who created, received, use, disclose, maintain, transmit, or have access to the City data agree to restrictions, conditions, and requirements at least as restrictive as those that apply to Consultant under this Agreement, including but not limited to implementing reasonable and appropriate safeguards to protect City data and systems. Consultant shall obtain satisfactory written assurance of this from the subcontractor and make this assurance available to the City upon request. 15(G). Ensure that disclosure of City data, including, but not limited to a designated record set, be approved in advance by the City and then disclosed only to individuals expressly authorized to review such information under applicable Federal and State laws. If Consultant discloses or attempts to disclose City data without the requisite prior approval, the City may take any available remedy to prevent or mitigate any further disclosure. Consultant shall provide written notice to the City of any use or disclosure of City data not provided for under this Agreement of which Consultant becomes aware within five calendar days of its discovery. 15(H). Maintain a business continuity, disaster recovery, and incident response plans to support the continuous availability of the solution being offered to the City under the Agreement. The plans shall be maintained and updated by Consultant throughout the term of this Agreement and shall be available for review by City and audit officials on request. 15(I). Data and systems managed by Consultant on behalf of the City shall never leave the continental United States. If any Consultant or subcontractor(s) work in the United States is moved to another country, outside the continental United States without the consent of the City, such action may be deemed a breach of this Agreement.

16. REPORTING DAMAGES. If any damage (including 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 510-578-4267, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 74
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
10 SAAS (2022-1)
address of Consultant's insurance company, and (d) a detailed description of the damage and whether any City property was involved.

17. INDEMNIFICATION AND LIMITATION OF LIABILITY.
17(A). Consultant shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising out of Consultant’s breach of any representation or warranty herein, or any negligent act or omission of Consultant, any Subconsultant, or any employee or person under the control of Consultant, except for Claims arising out of the City’s sole negligence or willful misconduct.
17(B). Copyright and Patent Indemnification. Claims which trigger Consultant’s responsibility under Section 17 shall include any claims that the software resulting from the provision of services pursuant to the attached Exhibit A Scope of Services infringe any U.S. patent, copyright, or accidental or intentional violation of a trade secret or other intellectual property of a third party not included in this Agreement provided that the City promptly notifies Consultant in writing of any such claim, cooperates with Consultant, and allows Consultant sole authority to control the defense and settlement of such a claim. Consultant shall, in its reasonable judgment and at its option and expense: (i) obtain for the City the right to continue using the Software; or (ii) replace or modify the Software so that it becomes non-infringing while giving equivalent performance. If Consultant determines that neither alternative is reasonably available, Consultant may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to the City. The defense and indemnity obligations of Consultant under this Section 17 will not apply to the extent that the alleged infringement arises from: (i) use of the Software, Documentation, or Cloud-Hosted Service in combination with data, software, hardware, equipment, or technology not provided by Consultant or authorized by Consultant in writing; (ii) information or specifications furnished by the City or Authorized Users; (iii) modifications to the Software, Documentation, or CloudHosted Service not made by Consultant; (iv) City Content; or (v) Third-Party Software. 17(C). The City Indemnification. The City shall indemnify, hold harmless, and, at Consultant’s option, defend Consultant from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the City Content, or any use of the City Content in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights and any Third-Party Claims based on the City’s or any Authorized Users’ (i) negligence or willful misconduct; (ii) use of the Software, Documentation, or Cloud-Hosted Service in a manner not authorized by this Agreement; (iii) use of the Software, Documentation, or Cloud-Hosted Service in combination with data, software, hardware, equipment, or technology not provided by Consultant or authorized by Consultant in writing; (iv) modifications to the Software, Documentation, or Cloud-Hosted Service not made by Consultant; or (v) information or specifications furnished by the City or Authorized Users, provided that the City may not settle any Third-Party Claim against Consultant unless Consultant consents to such settlement, and further provided that Consultant will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 75
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
11 SAAS (2022-1)
17(D) Sole Remedy. THIS SECTION 17 SETS FORTH THE CITY'S SOLE REMEDIES AND CONSULTANT’S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL,

THREATENED, OR ALLEGED CLAIMS THAT THE SOFTWARE, DOCUMENTATION,

OR CLOUD-HOSTED SERVICE INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 17(E) Limitations of Liability. IN NO EVENT WILL CONSULTANT BE LIABLE UNDER

OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE

THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL,

INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF

REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER

CONSULTANT WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL CONSULTANT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO

THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,

AND OTHERWISE EXCEED FIVE TIMES THE TOTAL AMOUNTS PAID AND

AMOUNTS ACCRUED BUT NOT YET PAID TO CONSULTANT UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

18. LIMITED WARRANTY.
18(A). Consultant warrants that, to its knowledge, it has title to the Software and/or the authority to grant licenses to use the Software.
18(B). Consultant warrants that the Software will perform substantially in accordance with the Documentation for a period of one year from the date of initial installation and that the Software media is free from material defects. Consultant does not warrant that the Software is error-free. 18(C). Consultant's sole obligation with respect to its limited warranty is limited to repair or replacement of the defective Software, provided City notifies Consultant of the deficiency within the one year period and provided Licensee has installed all Software updates provided pursuant to Consultant's Support Services.
18(D). Consultant warrants that to the best of its knowledge, information, and belief, the Software does not contain any known viruses, back-doors or time bombs, (or similar malicious code), or undocumented security codes that could prevent Licensee’ s perpetual use of the Software. 18(E). EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 18(A), (B), DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 76
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
12 SAAS (2022-1)
AND (C), CONSULTANT IP IS PROVIDED “AS IS” AND CONSULTANT HEREBY

DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CONSULTANT SPECIFICALLY DISCLAIMS ALL IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 18(A), (B), AND (C), CONSULTANT MAKES NO

WARRANTY OF ANY KIND THAT THE CONSULTANT IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE CITY’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY

INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM,

OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
18(F). THE WARRANTIES IN THIS SECTION 18 DOES NOT APPLY, AND

CONSULTANT STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THIRD-PARTY SOFTWARE.

19. TERM OF THE AGREEMENT. The License term, as hereinafter defined, shall commence on the Effective Date and shall continue for three years ("Initial License Term").

20. TERMINATION.
20(A). Termination for Non-Payment. Axero will provide Customer with notice of nonpayment of any amount due. Unless the full amount has been paid within ten (10) days after such notice, Axero may suspend Customer access to any or all of the Software and Cloud-Hosted Service. Axero may immediately terminate this Agreement and the provision of all services to Customer upon the inability or failure of Customer to make any and all payments within thirty (30) days of such payment due date. Axero will not suspend the Software or Cloud-Hosted Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
20(B). Termination for Breach. Either Party may, at its option, terminate this Agreement upon the material breach by the other Party of any provision of this Agreement, which breach is not cured by the breaching Party within thirty (30) days after receipt of written notice thereof from the other Party.
20(C). Termination for Bankruptcy. Either party shall have the right to terminate this Agreement immediately if the other party becomes insolvent, or is unable to pay its debts as due, or enters into or files (or has filed or commenced against it) a petition, arrangement, action or other proceeding seeking relief or protection under the bankruptcy or similar laws of the United States.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 77
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
13 SAAS (2022-1)
20(D). Termination for Infringement. In the event of a claim of intellectual property infringement by any third party relating to the Software, Axero shall have the right, at its option, to (i) immediately terminate this Agreement and the rights granted hereunder, (ii) obtain such rights as are sufficient to make the Software non-infringing or (iii) substitute the Software with adequate other non-infringing software.
20(E). Obligations on Termination. Upon any termination of this Agreement, (i) the License shall terminate, which may include Axero remotely disabling the Software, and (ii) Customer shall (a) immediately discontinue Use of the Software and relinquish any and all rights with respect to the Software; and (b) each Party shall promptly return to the other Party the original and return, or certify to the destruction of, all copies of the other Party’s Confidential Information or (in the case of the Customer) any other information relating to any of the Software furnished by Axero or otherwise in the possession of the Customer, and any reproductions, notes, summaries, translations or similar documents relating to the other Party's Confidential Information or (in the case of the Customer) relating to any Software. Customer will be granted access to data stored in the solution for 30 days after expiration or termination of this Agreement for the sole purpose of copying such data off the solution. If Customer terminates this Agreement for cause, Axero will promptly refund any prepaid but unused fees covering use of the Software after termination. If Axero terminates this Agreement for cause, Customer will promptly pay all unpaid fees due through the end of the License Term. Agreement Price is otherwise nonrefundable. 20(F). Continuing Obligations. The agreements, representations, warranties, covenants, duties and obligations as set forth in this Agreement, which by their terms or to the extent consistent with the intent and purpose of this Agreement extend beyond the term of this Agreement, shall survive termination or expiration of the term of this Agreement including, but not limited to, the City defense and indemnity obligations.

21. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten days of the notice, or (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party.

22. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 78
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
14 SAAS (2022-1)
Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

To: City To: Consultant
Attn: Roya Gonzalez Attn: Adam Ilowite, CEO
City of Newark Axero Holdings LLC
37101 Newark Boulevard 401 Park Avenue South, 10th Floor Newark, CA 94560 New York, NY 10016
510-578-4284 855-293-7655
[email protected] [email protected]

23. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

24. 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.

25. 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.

26. FORCE MAJEURE. In no event shall Consultant be liable to the City, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Consultant’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, pandemics, epidemics, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

27. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated, without the written consent of the City. Notwithstanding the foregoing, Consultant may assign this Agreement without the consent of the City to any purchaser of all or substantially all of Consultant’s assets or to any successor by way of merger, consolidation, or similar transaction. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

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

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 79
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
15 SAAS (2022-1)

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

30. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

31. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. 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.

32. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed to be an original. The Parties agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Any digital signature shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based record keeping system to the fullest extent permitted by applicable law.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 80
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
16 SAAS (2022-1)

33. 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 the Consultant and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

CITY OF NEWARK, a municipal corporation CONSULTANT
____________________________ ____________________________ By: By: By: Adam Ilowite
Title: Title: CEO
Date: ____________________________ Date: ____________________________ ATTEST:
____________________________
By: Sheila Harrington
Title: City Clerk
Date: ____________________________
APPROVED AS TO FORM:
____________________________
By: Kristopher Kokotaylo
Title: City Attorney
David J. Benoun
City Manager
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 11/28/2022 11/28/2022
11/28/2022
Packet Page 81
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
17 SAAS (2022-1)

EXHIBIT A

SCOPE OF SERVICES
This Scope of Services, Exhibit “A,” is hereby incorporated by reference into the Agreement, under Agreement Paragraph 2.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 82
Implementation Overview
When you join the Axero client community, you get an exceptional team ready to ensure your implementation and launch are a success. Your project team will work with our Client Success team to execute an implementation plan that gets your organization ready for your new communications platform.

The Axero team has helped hundreds of diverse clients across the globe launch the Axero platform. Our implementation experience includes a customized implementation plan and training plan to match your unique business needs. Your team will be led through implementation by the dedicated implementation manager, who will partner with you on your milestones and goals. This person will work with you from project planning through training so your administrators, community managers, and broader project team feel confident to launch the new platform. Your implementation manager will include additional Axero team members tailored to your specific needs if needed. You will have access to one of our technical experts to work with your IT resource(s) on the setup of your custom domain, SSL, Single Sign-On (SSO), and integrations.

Axero implementations are often completed in 4 to 6 weeks for teams who come prepared and remain focused. This process can extend to between 8 to 12 weeks for some clients. The Axero team will support your timeline to launch and work with your project team to pre-schedule set touchpoints and meetings leading up to launch. You will have the ability to schedule additional sessions as needed during this time.

Ultimately, your timeline depends on your specific project milestones, site goals, the number of Spaces, and the number of integrations desired for launch, all in consideration of your resources and other internal project priorities.

We recommend you build a team of enthusiastic moderators representing every user group in your company. These team members are passionate communicators eager to launch your new communications platform. They will take ownership of your new initiatives and be leaders in driving engagement across your company.

Here's what to expect during our implementation process (screenshots attached in email):

PLAN STAGE
● Setup: The technical setup for your new platform typically takes 1-2 business days. The Axero technical team will assist your IT team by setting up the custom domain and SSO.

We require a few deliverables, such as a site domain name and the SSL certificate.

Once clients have provided their domain name and SSL certificate, they follow our

EXHIBIT A
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 83
Domain Configuration Guide and open a support case in our Support Community to show readiness.
o Your resources: At least one representative from your IT team. ● Planning & Kickoff: Kickoff your implementation project by meeting the Axero team and defining who's who from your project team. Reviewing your deliverables. Sharing your project goals to allow our team to provide best practices, review the project timeline and schedule touchpoints, review the shared project folder, online resources, and take part in a group planning exercise where you will identify additional project milestones. o Your resources: All project stakeholders, including all key players, who will eventually serve as admins or managers of your intranet.

PLAN
Step 1 2 3
Set-up Project
Planning
Kickoff
Tasks for Client
- Update the
Implementation
Plan status for
each item to
keep this
project plan up
to date.

1. Register for the Axero
Online Community
(Use the Online Support
Community User Guide)

2. Choose a domain 💻

3. Purchase domain
name 💻

4. Provide Axero SSL
Certificate 💻

5. Complete Intranet
Features Survey

6. Review the Site
Security Checklist

7. Scheduled Planning
Call

1. Assemble your project
team and assign roles and
responsibilities

2. Provide site access

3. Determine Space
architecture

4. Introduction to Roles
and Governance

5. General Settings -
Review and Configure
settings (site, email,
localization) 💻

6. Inventory your existing
content

7. Complete and review
Intranet Features Survey

8. SSO and integration
setup 💻

1. Additional project team
members register for the
Axero Online Community

2. Buy-in for definition of
success
Touchpoint
Meetings 💻 = IT involvement
📅
Planning Meeting
📅
Kickoff Meeting
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 84

BUILD STAGE
● Content Creation, Design, and People: This process typically takes between 2-6 weeks. The Axero team will train your community admins on how to populate your intranet with various content types, use the page builder to design your homepage, and add your people and groups. We also discuss security, permissions, and other features in your Axero intranet.
o Your resources: We recommend at least one representative from your internal communications, human resources, marketing, and IT teams. This group can comprise your key players that will eventually serve as admins or managers of your intranet.

BUILD
Step 4 5 6
Content
Creation
Customize &
Design
People &
Governance
Tasks for Client
- Update the
Implementation
Plan status for
each item to
keep this
project plan up
to date.

1. Migrate your existing
content

2. Create Spaces

3. Add content to Spaces

1. Learn about Templates
and Page Builder

2. Learn about designing
your site

3. Homepage and Top
Level Community

4. Review Mobile Page
Builder and app
functionality

1. Review User Profile
page

2. Custom profile fields

3. Review People Directory

4. Review Top Level Roles

5. User Space assignment
rules

6. Add/Import people
Touchpoint
Meetings
📅
Content Creation Meeting
📅
Design Meeting
📅
People & Gov. Meeting
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 85

THRIVE STAGE
● Pre-Launch and Post-launch review: The Axero team will review your site with your project team and answer questions.
o Your resources: At least one representative from your internal communications, human resources, marketing, and IT teams, plus any additional internal project stakeholders and executive sponsors.

THRIVE
Step 7 8
Pre-Launch Post-Launch
Tasks for Client
- Update the
Implementation
Plan status for
each item to
keep this
project plan up
to date.

1. Determine soft launch/launch
timeline and plan

2. Schedule user site review and
training

3. Review & Confirm Settings
(site, email, security)

4. Gather feedback and make
final changes

1. Site review & recommendations

2. Project close out with your
Implementation Manager
Touchpoint
Meetings
📅
Pre-Launch Meeting
📅
Post-Launch Meeting
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 86
Support Overview
Please review the Support Policy for complete details.

Axero’s Standard Support & Maintenance Plan, included with the software license, is 24/7 and is regarded as exceptional. You will have access to our forums, where our support team and community members respond to questions and inquiries to help you get the most out of the Axero platform. Our documentation and video guides are always available. We offer SLAs with additional case management guarantees and prioritization as well as 1:1 consultation hours, available post-launch for additional investment.

All clients receive responsive, friendly support as well as upgrades and service releases included at no additional cost with your license. Personalized help from experts who help keep your platform running. Every client gets support, software upgrades, and access to our thriving and engaging support community.

You get unlimited access to our vibrant support community, where you can interact with Axero experts from the Client Support & Client Success teams and with other Axero clients. You will have access to product information like how-to videos, guides, and in-depth documentation.

Post in our client discussion forums to get answers to your questions, or submit a private support ticket directly to our team members. Support Tickets are routed according to severity and complexity to our Level 1 Support Team, Level 2 DevOps team, or Level 3 Development team to be resolved.

Our team of experts works with you to deliver technology solutions which may include guidance and setup for integrations, SSO, roles and permissions, developer guidance, custom widgets, custom embeds, and language translations.

As part of the Axero Maintenance plan, all patches, upgrades, and performance improvements are offered at no additional cost to current clients. Axero targets to release one major upgrade and several minor updates annually. We are constantly working on adding new features, integrations, and improvements to our platform's overall look and feel. Updates and enhancements are communicated to clients on our website and through monthly review emails.

About 75% of our product development is driven by our clients' voices to continue driving our platform's innovation. We have an agile development cycle, so updates and features are consistently being released and prioritized based on client feedback.

Every aspect of our platform has been designed with the input of our clients over the last 14 years we have been in business. We constantly collect suggestions and feedback in our support community and release new enhancements monthly.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 87
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
18 SAAS (2022-1)

EXHIBIT B

COMPENSATION
This compensation schedule, Exhibit “B,” is hereby incorporated by reference into the Agreement, under Agreement Paragraph 5.

For all services identified in Exhibit “A”, Scope of Services, the City agrees to pay, and Consultant agrees to accept as total compensation the following:

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 88
Axero Software as a Service (SaaS)
• Up to 175 users, 250 GB storage
• Annual cloud hosting, security, backup, upgrades, enhancements, built-in integrations, and Axero-branded apps
• Support and maintenance plan, support community, admin and user guides, discussion forums, how-to videos and private support cases Three-year term (excluding implementation) Annual investment Year 1 $20,100.00
Year 2 $21,356.25
Year 3 $22,691.02
Axero Implementation Experience (One-time investment)
• Your personalized implementation experience including guidance on administration, content, design, engagement and SSO setup. You will receive tailored support from your Axero implementation specialist. $9,253.50
Order Form
This Order Form is subject to and governed by Axero’s Subscription Terms and Conditions available at https://axerosolutions.com/legal/terms (the “T&Cs”), which are hereby incorporated in their entirety into this Order Form. By executing this Order Form, the parties agree to be bound by the terms of this Order Form and the T&Cs. The Effective Date will be the date of the Customer's signature below. Payment will be due within 15 days from receipt of invoice.
 SIGNATURE
Adam Ilowite  SIGNATURE
Roya Gonzalez
AGREED TO AND EXECUTED BY AUTHORIZED REPRESENTATIVES OF THE PARTIES:

Axero:

Company: Axero Holdings LLC
Name: Adam Ilowite
Title: CEO
Date: Not yet accepted
Customer:

Company: City of Newark, CA
Name: Roya Gonzalez
Title: Administrative Analyst
Date: Not yet accepted
Bill to address:

Bill to email:

EXHIBIT B
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 89
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 90
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
19 SAAS (2022-1)

EXHIBIT C

QUALIFICATIONS
These Consultant Qualifications, Exhibit “C,” are incorporated by reference into the Agreement, under Agreement Paragraph 6.

Axero was founded in 2008 and has been profitable and growing for over 13 years. Axero is headquartered in New York, NY, USA. Our team is made up of about 40 employees from all over the world. Axero is a fast-growing company, privately owned, and new customers sign up every day.

Axero is the leading provider of intranet software for organizations of all sizes and is trusted by over 200 of the world’s most innovative, productive, and employee-centric organizations. You may have even heard of some of our customers, like Toyota, Johns Hopkins, Credit Agricole, Benjamin Moore, and USA State and local governments. We take security and compliance seriously, and are integrating with more and more enterprise applications every year.

We owe everything to our customers. We've been around for 13 years and expect to be around many more. We provide white glove service and a talented and dedicated team of people to support you. You even get direct access to the President and CEO of the company, Michael Upex and Adam Ilowite.

We work hard to make you happy. Our customers tell us our support separates us from every other intranet vendor they considered. Everyone at Axero is part of our customer support team and considers pleasing customers as the most integral part of their job description. Even if a resolution requires a response from senior management, we'll answer quickly, honestly, and creatively to get the issue solved.

Our success is tied directly to your success, so it's our job to meet your expectations.

DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 91
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
20 SAAS (2022-1)

EXHIBIT D

INSURANCE REQUIREMENTS
Technology
Consultant’s performance of the services under this agreement shall not commence until Consultant shall have obtained all insurance required under this Exhibit and such insurance shall have been reviewed and approved by the Risk Manager. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

Consultant shall procure and maintain for the duration of the Agreement all necessary insurance against claims now and in the future for alleged injuries to persons or damages to property which may arise from or in connection with the performance of the services by the Consultant, the Consultant’s agents, representatives, employees and subcontractors. Required professional liability insurance shall be maintained at the level specified herein for the duration of this agreement and any extension thereof and for twelve additional months following the agreement termination or expiration.

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

1. 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 any insurance policy or proceeds available to the named insured; whichever is greater.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage:
a. Blanket contractual liability
b. Broad form property coverage
c. Personal injury

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.

4. Professional Liability insurance

5. Cyber Liability insurance:
a. Third Party Liability coverage:
i. Privacy liability covering loss in the event of Consultant’s failure to protect DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 92
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
21 SAAS (2022-1)
City’s data.
ii. Network security liability in the event of any failure of network security including unauthorized access or unauthorized use of the City’s data. iii. Internet media liability covering infringement of copyright or trademark, invasion of privacy, libel, slander, plagiarism or negligence. b. First Party Liability coverage:
i. Cyber extortion monies and associated expenses arising out of a criminal threat to release City’s data.
ii. Digital asset loss for costs incurred to replace, restore or recollect data that has been corrupted or destroyed as a result of a network security failure. iii. Business interruption to cover loss of income and extra expense arising out of an interruption of network service due to an attack on Consultant’s network. iv. Notification and crisis management covering expenses in the event of a data breach including a third party computer forensics team, notifying users whose personal information was breached, credit monitoring, and third party identity restoration services.

6. Such other insurance coverages and limits as may be required by the City.

B. MINIMUM LIMITS OF INSURANCE
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement 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: Bodily Injury by Accident - $1,000,000 each accident.

Bodily Injury by Disease - $1,000,000 policy limit.

Bodily Injury by Disease - $1,000,000 each employee.

4. Professional Liability insurance: $2,000,000

5. Cyber Liability insurance: $2,000,000

6. Such other insurance coverages and limits as may be required by the City of Newark.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

1. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

2. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

3. The City reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of right to exercise later.

E. ACCEPTABILITY OF INSURERS
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 93
CITY OF NEWARK – SAAS AGREEMENT

AXERO INTERNET SOFTWARE AS A SERVICE
22 SAAS (2022-1)
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

G. CROSS-LIABILITY
The Liability policy shall include a cross-liability or severability of interest endorsement.

H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this agreement, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this agreement and obtain damages from the Consultant resulting from said breach.

I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City of, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

The additional insured coverage under the Consultant’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Newark’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13.

J. SUBCONTRACTORS
Consultant shall require all subconsultants to maintain the same levels of insurance and provide the same indemnity that the Consultant is required to provide under this Agreement. A subconsultant is anyone who is under contract with the Consultant or any of its subconsultants to perform work contemplated by this Agreement. The Consultant shall require all subconsultants to provide evidence of valid insurance and the required endorsements prior to the commencement of any work.

K. SUBROGATION WAIVER
Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Consultants, subcontractors or others involved in any way with the services to do likewise.

L. VERIFICATION OF COVERAGE
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the services commence.
5207317.1
DocuSign Envelope ID: BF5E0594-53DF-419E-B76B-FB473F7D23F4 Packet Page 94
Certificate Of Completion
Envelope Id: BF5E059453DF419EB76BFB473F7D23F4 Status: Completed Subject: Complete with DocuSign: C22066 Axero Intranet services.pdf Source Envelope:

Document Pages: 29 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sheila Harrington
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
37101 Newark Boulevard
Newark, CA 94560
[email protected]
IP Address: 73.158.135.105
Record Tracking
Status: Original
11/28/2022 1:26:22 PM
Holder: Sheila Harrington
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Adam Ilowite
[email protected]
CEO
WEst Fourth Partners LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 146.70.93.187
Sent: 11/28/2022 1:32:07 PM
Viewed: 11/28/2022 1:32:40 PM
Signed: 11/28/2022 1:33:54 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 1:32:40 PM
ID: 9bb9f4ab-64ec-464e-8ad0-77aecb3789ff
Kristopher J. Kokotaylo
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 206.169.145.130
Sent: 11/28/2022 1:33:56 PM
Viewed: 11/28/2022 2:59:15 PM
Signed: 11/28/2022 2:59:52 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 2:59:15 PM
ID: 7fe0440f-701b-4a1f-bd21-3bf30d0acb55
David J. Benoun
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 67.170.251.108
Sent: 11/28/2022 2:59:55 PM
Viewed: 11/28/2022 3:04:25 PM
Signed: 11/28/2022 3:04:40 PM
Electronic Record and Signature Disclosure:

Accepted: 11/28/2022 3:04:25 PM
ID: 95b0bdcf-963e-4c6f-ae7c-254ead78eac5
Sheila Harrington
[email protected]
City Clerk
City of Newark
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.158.135.105
Sent: 11/28/2022 3:04:43 PM
Viewed: 11/28/2022 3:06:23 PM
Signed: 11/28/2022 3:06:32 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Packet Page 95
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Roya Gonzalez
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 3:06:34 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Kathy Slafter
[email protected]
Executive Assistant/Deputy City Clerk
City of Newark
Security Level: Email, Account Authentication
(None)
Sent: 11/28/2022 3:06:35 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2022 1:32:07 PM
Certified Delivered Security Checked 11/28/2022 3:06:23 PM Signing Complete Security Checked 11/28/2022 3:06:32 PM Completed Security Checked 11/28/2022 3:06:35 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Packet Page 96

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Newark (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/13/2022 12:12:19 PM Parties agreed to: Adam Ilowite, Kristopher J. Kokotaylo, David J. Benoun Packet Page 97
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact City of Newark:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Newark of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from City of Newark
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with City of Newark
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Packet Page 98
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify City of Newark as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Newark during the course of your relationship with City of Newark.

Packet Page 99
Item  D. 5.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Acting City Engineer
SUBJECT    Adopt a resolution authorizing the City Manager to execute a Cooperative Agreement with the Alameda County Water District for water main design and construction associated with the Old Town Streetscape Improvements, Project 1258
SUMMARY AND RECOMMENDATION
The Old Town Streetscape Improvements, Project 1258, is a key component of the Old Town Specific Plan and aims to serve as a catalyst for private investment within the Old Town neighborhood by improving access, safety and connections for pedestrians, bicyclist and transit users along Thornton Avenue between Olive Street and Ash Street.  As part of their Small Diameter Water Main Renewal Program, the Alameda County Water District (ACWD) plans to replace the existing water system within this segment of Thornton Avenue.

To allow for a much more efficient and economical design and construction effort, as well as minimize disruption to property owners of the Old Town neighborhood during construction, staff and ACWD desire to combine their respective improvements into a single project (the Joint Project).  The Joint Project will include professional engineering design services, construction, inspection, testing acceptance, and warranties related to City and ACWD improvements within the Old Town Streetscape Improvements street areas.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Cooperative Agreement with ACWD, in a form approved by the City Attorney, for water main design and construction associated with the Old Town Streetscape Improvements, Project 1258.

BACKGROUND
In 2021, the Old Town Specific Plan was approved, bringing together 30 years of planning and analysis to identify a grand vision to revitalize the Historic Newark Old Town area as a vibrant mixed-use neighborhood, with a strong sense of place, thriving retail and commercial businesses, a range of housing choices for existing and future residents, a streetscape that prioritizes bicycles and pedestrians, and public spaces that allow community members to gather with their neighbors.

Packet Page 100
In September 2023, the City entered into a Contractual Services Agreement with CSW Stuber-Stroeh Engineering Group for Professional Design Services for the Old Town Streetscape Improvements.  As part of their Small Diameter Main Renewal Program, ACWD plans to replace approximately 1,750 feet of water main within the alignment of Thornton Avenue within the Old Town Streetscape Improvements project area.  The work would include replacement and relocation of an existing 8-inch and 12-inch water mains, fire hydrants, water service laterals, and related appurtenances.

DISCUSSION/ANALYSIS
In order to allow for a much more efficient and economical design and construction effort, as well as minimize disruption to property owners of the Old Town neighborhood during construction, staff and ACWD desire to combine their respective improvements into a Joint Project.  The Joint Project would allow the City's consultant team, CSW Stuber-Stroeh Engineering Group, to design both the City and ACWD improvements as a single project.  Similarly, the construction of the Joint Project would be bid as a single project, with one contractor selected to construct all improvements concurrently.  In all, the Joint Project would include professional engineering design services, construction, inspection, testing, acceptance, and warranties related to City and ACWD improvements within the Old Town Streetscape Improvements project area.

A Cooperative Agreement has been prepared to facilitate this joint effort between the City and ACWD.  The agreement addresses roles, responsibilities, and cost-sharing for the City and ACWD to complete the design and construction of the Joint Project improvements.  The City would serve as the lead agency and administer the contracts for both professional engineering design services and the construction of the Joint Project improvements.  ACWD participated in the evaluation of proposals received for professional engineering design services in support of the Joint Project.  Construction bid items associated with ACWD's water system improvements would be identified separately as Alternate Bid Items in the construction contract.  Upon review of all construction bids received, ACWD would reserve the option to remove their water system items from the construction contract should the cost or other terms be unacceptable.

FISCAL IMPACT
Partnering with ACWD and entering into the Cooperative Agreement would not cause additional project costs for the City.  Instead, both City and ACWD staff anticipate that combining our two projects will result in a more efficient and economic design and construction process.

Per the terms of the Cooperative Agreement, ACWD will be responsible for 100% of the cost of professional engineering services, materials, and equipment attributed specifically to the design and construction of their water system improvements.  A 5% administrative fee would also be added to all ACWD construction costs to reimburse the City for administration and construction management of the Joint Project contracts.

REVIEW AND APPROVAL
Packet Page 101
Prepared by - Diana Cangco, Acting City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
Cooperative Agreement
Packet Page 102
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A COOPERATIVE AGREEMENT WITH THE

ALAMEDA COUNTY WATER DISTRICT IN A FORM

APPROVED BY THE CITY ATTORNEY FOR THE WATER

MAIN DESIGN AND CONSTRUCTION ASSOCIATED WITH

THE OLD TOWN STREETSCAPE IMPROVEMENTS,
PROJECT 1258.

WHEREAS, on September 23, 2021, the City Council adopted the Old Town Specific Plan, brining together over 30 years of planning and analysis for Newark’s Old Town neighborhood; and
WHEREAS, Old Town Streetscape Improvements, Project 1258 is a key component of the Old Town Specific Plan and aims to serve as a catalyst for private investment within the Old Town neighborhood by improving access, safety and connections for pedestrian, bicyclist, bicyclist and transit users; and
WHEREAS, the Alameda County Water District (ACWD), as part of their Small Diameter Main Renewal Program, plans to replace existing water mains in the same street sections associated with Project 1258; and
WHEREAS, to ensure an efficient and economical design and construction effort and to minimize the disruption to property owners of these areas during construction, a combined single project is desirable and would include professional design services, construction, inspection, testing, acceptance and warranties related to the City and ACWD improvements in these areas; and
WHEREAS, a Cooperative Agreement has been prepared to facilitate this joint effort between the City and ACWD, with the City serving as the lead agency. This agreement provides for the roles, responsibilities, and cost-sharing for the City and ACWD to complete the design and construction of the collective improvements.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby authorize the City Manager to execute a Cooperative Agreement with the Alameda County Water District in a form approved by the City Attorney for the water main design and construction associated with the Old Town Streetscape Improvements, Project 1258.

Packet Page 103
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 1 of 13 5/23/2024

COOPERATIVE AGREEMENT

BETWEEN CITY OF NEWARK AND THE ALAMEDA COUNTY WATER

DISTRICT FOR COST SHARING FOR WATER MAIN INSTALLATION WORK FOR

THE NEWARK OLD TOWN STREETSCAPE AND MAIN RENEWAL PROJECT (City Project P1258, ACWD Job XXXXX)
This "Coopera�ve Agreement for the Newark Old Town Streetscape and Main Renewal Project (City Project P1258, ACWD Job XXXX)" ("Agreement") is made and entered into by and between the City of Newark, a municipal corpora�on ("City"), and the Alameda County Water District ("ACWD"), a county water district duly organized and exis�ng under the County Water District Law (being Division 12 of the Water Code of the State of California). City and ACWD may be collec�vely referred to herein as the "Par�es."

RECITALS
A. As part of its Small Diameter Main Renewal Program, ACWD is planning and intends to construct or cause the construc�on of improvements to its water system within the City right-of-way, including approximately 1,750-feet of water main within the alignment of Thornton Avenue between Ash Street and Cherry Street, Dairy Street between Thornton Avenue and Sycamore Street, Sycamore Street between Dairy Avenue and Thornton Avenue, Magnolia Street between Thornton Avenue and Rich Avenue, and connec�ons at cross streets along this alignment. The work will include replacement and reloca�on of exis�ng 8-inch and 12-inch water mains with 12- inch water mains, fire hydrants, water service laterals, and related appurtenances (ACWD Job XXXX, the "ACWD Waterline Work").

B. The City is planning and intends to construct the Newark Old Town Streetscape Project (City Project P1258, the "City Project"), in accordance with the City’s Old Town Specific Plan, which encompasses a 76-acre area, to revitalize Old Town Newark as a vibrant mixed-use neighborhood; the City Project includes reconstruc�ng the streets with new curb and guter, sidewalk, pavement sec�on, improved and/or new storm water drainage systems, and landscaping in and around Thornton Avenue from Ash Street to Olive Street and include the exis�ng public plaza areas on the north side of Magnolia Street & Thornton Avenue and the Carter Sta�on Plaza at the south side of Sycamore Street and Thornton Avenue.

C. The ACWD Waterline Work and City Project both involve major improvements to u�li�es and other infrastructure within the public right-of-way and within the same general geographic area as shown in Exhibit A, atached hereto.

D. In order to provide for the most efficient and cost-effec�ve implementa�on of the two projects, to minimize disrup�on to the infrastructure improvements in the City Project area and impacts to Newark residents due to traffic and water service outages, the Par�es desire to combine the work into a single project to the extent possible. To this end, the Par�es intend to include the Packet Page 104
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 2 of 13 5/23/2024 ACWD Waterline Work into the City Project, the combined project being referred to herein as the "Joint Project."
E. It is the intent of the City to administer the Joint Project. It is the intent of ACWD to support City's implementa�on of the Joint Project and to reimburse the City's reasonable costs of the ACWD Waterline Work.

F. The inclusion of the ACWD Waterline Work into the Joint Project will require coordina�on between the City and ACWD regarding the acquisi�on of permits, design and design review, construc�on, inspec�on, tes�ng, acceptance, and warran�es for the Joint Project.

G. Beginning in June 2023, the City and ACWD coordinated on the prepara�on of the City's Request for Proposals (RFP) for providing professional design services for the design of the Joint Project.

ACWD reviewed the RFP and provided comments and edits on the scope of the ACWD Waterline Work to be included in the City Project as op�onal design tasks. Accordingly, the City has included op�onal scope items to cover design services for the ACWD Waterline Work in the City Project RFP.

H. The Par�es desire to work coopera�vely and to document a reasonable and responsible basis for the coopera�ve design and construc�on of the Joint Project for the mutual benefit of their agencies and their public cons�tuents.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS

AND CONDITIONS IDENTIFIED HEREIN,
THE PARTIES HEREBY AGREE AS FOLLOWS:

1. ADVERTISING AND AWARD OF DESIGN AND ENGINEERING SERVICES IN SUPPORT OF THE JOINT PROJECT.

1.1. The City and ACWD previously coordinated on the development of the RFP for the design and engineering services in support of the Joint Project ("Joint Design") RFP. The City adver�sed the Joint Design RFP, including the design and engineering services related to the ACWD Waterline Work, in accordance with the City's prac�ces and applicable law. Design and engineering services associated with the ACWD Waterline Work were included separately in the RFP as "op�onal" work.

1.2. Upon receipt of proposals for the work, the City share the proposals received, including costs for the ACWD Waterline Work, with ACWD. ACWD reviewed and provided input on the evalua�on and ranking methodology; however, the City retained the sole discre�on to select the method with which proposals were evaluated and ranked. ACWD par�cipated in the evalua�on of the proposals and the City and ACWD conferred regarding the proposals; Packet Page 105
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 3 of 13 5/23/2024 however, the City retained the sole discre�on to select the proposer based on the proposal in accordance with its proposal evalua�on criteria.

1.2.1.Should ACWD conclude that the City's selected proposal does not meet ACWD's needs, then the "op�onal" ACWD Waterline Work will not be awarded by the City, and ACWD shall be responsible for comple�ng the design of the ACWD Waterline Work. In this event, the City and ACWD shall confer as to their collec�ve approach to implementa�on of their individual projects, and this Agreement may be terminated in wri�ng by either Party.

1.2.2.Should ACWD be sa�sfied that the City's selected proposal meets ACWD's needs, ACWD will provide writen confirma�on of its agreement with the City's selec�on. The City will then award the Joint Design work, including design and engineering services in support of the ACWD Waterline Work, to the selected proposer ("Design Consultant") in accordance with its prac�ces and applicable law.

2. COORDINATED DESIGN AND ENGINEERING WORK.

2.1. City's hired Design Consultant shall prepare the design and construc�on contract documents for the ACWD Waterline Work ("Waterline Work Product") to be incorporated into Joint Project, and other requirements pursuant to Sec�ons 3 through 5.

2.2. ACWD agrees to pay one hundred percent (100%) of the costs for design services scope items for ACWD Water Pipeline as shown in Exhibit B, atached hereto.

2.3. All Waterline Work Product shall be and are the property of ACWD who shall be en�tled to access and to copy the Waterline Work Product during the progress of the work. If requested by ACWD, the City shall deliver one copy of the Waterline Work Product remaining in the hands of the City, or in the hands of the Design Consultant, or any subcontractor, upon comple�on or termina�on of the work or Agreement to ACWD. The City assigns to ACWD all right, �tle, and interest in and to the Waterline Work Product, including ownership of copyright in the Waterline Work Product. ACWD may u�lize any material prepared or work performed by the City’s hired Design Consultant pursuant to this Agreement, in any manner which ACWD deems proper without addi�onal compensa�on to the City. The City shall not disclose project related data or informa�on without the prior writen consent of ACWD.

2.4. The Joint Project construc�on contract documents shall include a schedule of “bid items” for which each bidder shall iden�fy a “bid item amount.” The bid items for the ACWD Waterline Work (“ACWD Bid Items”) shall be incorporated in the Joint Project bid and construc�on documents, along with the es�mated quan�ty for each bid item.

Packet Page 106
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 4 of 13 5/23/2024

2.5. All City bid items will be contained in the Base Bid. The ACWD Bid Items shall be included on a separate bid item schedule ( e.g. “Waterline Work”) and shall be characterized as “Alternate Bid Items” in the construc�on contract that may be awarded with the Base Bid items, later by change order, or excluded from the award. For the purposes of bid comparison and determina�on of the lowest responsive and responsible low bid, the Waterline Work bid schedule shall be added to the City bid items.

2.6. ACWD shall review the por�on of the design, construc�on plans, and specifica�ons related to ACWD Waterline Work at ACWD's sole cost and expense.

2.7. City shall provide ACWD 50%, 90%, and 100% design submitals, to include the design drawings and specifica�ons, for any ACWD Waterline Work incorporated into the Joint Project for review.

ACWD shall promptly and diligently review each design submital, and provide comments, if any, to City within twenty-one (21) calendar days of ACWD's receipt of the respec�ve design submital.

2.8. At least thirty-five (35) calendar days prior to the adver�sement of bids, City shall provide ACWD with a complete copy of the 90% design submital for review, including but not limited to, the 90% drawing set, General Condi�ons, Special Condi�ons, Technical Specifica�ons, and payment item schedule, including the ACWD Bid Items. ACWD shall promptly and diligently review the 90% Design Submital for Joint Project, and provide comments, if any, to City within fourteen (14) calendar days of ACWD's receipt of the 90% design submital. City shall reasonably consider ACWD proposed modifica�ons of the 90% design submital. City shall supply within seven (7) calendar days writen explana�on, including reasons why and jus�fica�on for, any ACWD modifica�ons not included. If ACWD believes that its modifica�ons should be included in the Construc�on Contract plans and specifica�ons for Joint Project a�er reasonably considering City's writen explana�on, ACWD and City shall meet and confer in good faith to reach a mutually acceptable solu�on.

2.9. If re-design of ACWD’s work is required due to unforeseen condi�ons, the City’s design consultant is responsible for the re-design. ACWD shall review the revised design and shall provide the City a writen no�ce of approval of the re-design with in seventy-two (72) hours a�er ACWD receives the re-design.

3. ENVIRONMENTAL REVIEW AND PERMITTING.

3.1. City will serve as the lead agency for California Environmental Quality Act (CEQA) and Na�onal Environmental Policy Act (NEPA) for the joint project in accordance with the Federal and State grant requirements. ACWD will be a responsible agency with discre�onary approval authority Packet Page 107
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 5 of 13 5/23/2024 over the project. The City will pay for the environmental review costs associated with the filing of the NEPA and CEQA for the Joint Project.

3.2. City will acquire all environmental, right-of-way and construc�on related permits for the Joint Project that includes ACWD Waterline Work in accordance with the Federal and State grant requirements. No City of Newark encroachment permit fee will be paid by ACWD.

4. BIDDING AND AWARD OF CONSTRUCTION CONTRACT.

4.1. The City shall issue the plans and specifica�ons, including minimum experience requirements for the ACWD Waterline Work, for the Joint Project for public compe��ve bids and award the contract for the Joint Project in accordance with the requirements of the California Public Contract Code, the Newark Municipal Code, and any other applicable laws and regula�ons.

4.2. Concurrently with adver�sing for bids, City shall provide ACWD with a complete copy of the adver�sed contract documents ("Construc�on Contract") for the Joint Project used to invite such bids. City shall include ACWD when issuing any addenda during the bidding period.

4.3. Within seven (7) working days following a bid opening, City shall provide copies of the final bid documents for the three (3) apparent lowest responsible bidders to ACWD for the Joint Project.

4.4. ACWD shall, within Five (5) working days of its receipt of the final bid documents and the City’s selected bid, indicate whether it supports the City proceeding with the award of the ACWD Waterline Work along with the City's award of the Joint Project Construc�on Contract.

4.4.1.Should ACWD conclude that the City's selected bid does not meet ACWD's needs, then the "alternate" ACWD Waterline Work will not be awarded by the City, and ACWD shall be responsible for comple�ng construc�on of the ACWD Waterline Work. In this event, the City and ACWD shall confer as to their collec�ve approach to implementa�on of their individual projects, and this Agreement may be terminated in wri�ng by either Party.

4.4.2.Should ACWD be sa�sfied that the City's selected bid meets ACWD's needs, ACWD will provide writen confirma�on of its agreement with the City's selec�on. The City will then award the Joint Project construc�on work, including construc�on of the ACWD Waterline Work, to the selected bidder ("Contractor") in accordance with its prac�ces and applicable law, and the District will proceed to authorize budgeted funds for construc�on of the ACWD Waterline Work.

Packet Page 108
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 6 of 13 5/23/2024

5. CONSTRUCTION, INSPECTION, CONSTRUCTION MANAGEMENT AND CONSTRUCTION ADMINISTRATION.

5.1. The City shall administer the Construc�on Contract for the Joint Project including the ACWD Waterline Work. ACWD shall support the City's administra�on of the construc�on work.

5.2. ACWD will provide specialty waterline construc�on inspec�on, assist with construc�on management for all components of any ACWD Waterline Work during construc�on, and shall promptly communicate to City pursuant to each rejec�on or acceptance of the quality of materials and construc�on work rela�ng to the ACWD Waterline Work. ACWD shall retain the right to review any RFI related to Waterline Work concurrent with City’s design review, and shall be afforded the opportunity to provide input prior to the City’s response to the Contractor.

ACWD's inspec�on responsibili�es shall include, but not be limited to, inspec�ons of: (a) installa�on of the permanent waterline and all associated appurtenances, (b) waterline connec�ons, (c) pressure and bacterial tes�ng, ( d) backfill of the trench up to one foot over the top of pipe, and (e) final acceptance of ACWD Waterline Work as complete. City shall, in turn, communicate each acceptance or rejec�on of the quality of materials and construc�on work to Contractor. City shall require Contractor to cooperate with ACWD, and ACWD's agents, in inspec�on of all ACWD Waterline Work, provided that: (a) ACWD shall coordinate all inspec�ons with City; (b) all communica�on with Contractor shall be through City's Resident Engineer (except in an emergency situa�on to the extent necessary for the protec�on of persons or property); and (c) when conduc�ng any inspec�ons, ACWD shall not take any ac�ons that unreasonably interfere with Contractor's performance, direct Contractor's performance in the field, or authorize any addi�onal work. ACWD shall have an inspector available to be on-site as needed during Contractor's approved working hours, upon forty-eight (48) hours' no�ce from Contractor. Inspec�on requested by Contractor for work on Saturdays, Sundays, or ACWD Holidays, or nights shall be requested fourteen (14) calendar days in advance of the scheduled work.

5.3. No modifica�ons or connec�ons to the District’s exis�ng sterile water system shall be performed without the presence and direc�on of authorized District staff.

5.4. To the extent ACWD inspec�ons at any stage reveal a failure by Contractor to meet the requirements of the Construc�on Contract and the ACWD Plans, ACWD shall provide a writen explana�on of the basis for the failure. City shall forward all comments provided by ACWD to Contractor, instruct Contractor to take all appropriate ac�ons to correct its work, and shall not accept these components of the ACWD Waterline Work un�l ACWD approves them.

5.5. Both City and ACWD shall maintain all documents related to any ACWD Waterline Work, including all daily logs, inspector notes, tes�ng, and correspondence and each party shall provide copies of all such documents to the other party upon request.

Packet Page 109
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 7 of 13 5/23/2024

5.6. During the course of construc�on of any ACWD Waterline Work, City shall cause its Contractor to allow ACWD to regularly inspect, a�er reasonable no�ce, record ("redline") drawings of any ACWD Waterline Work. City shall supply redline drawings of any ACWD Waterline Work to ACWD upon City's acceptance of the City Project as complete. The redline drawings shall show the loca�on and details of any changes made during construc�on to any ACWD Waterline Work.

The City shall be responsible for the day-to-day inspec�on and approval for all components of the Joint Project, except that ACWD shall be responsible for inspec�ng the ACWD Waterline Work provided that the City shall provide ACWD with at least twenty-four (24) hours prior no�ce of the date that the work is available for inspec�on. ACWD, in its sole discre�on, may have an ACWD inspector present on-site when the ACWD Waterline Work is being performed. If a�er inspec�ng the ACWD Waterline Work, ACWD determines that any of the work does not comply with the drawings and specifica�ons for the ACWD Waterline Work as set forth in the Joint Project contract, ACWD shall provide the City with writen no�ce specifying its basis for such determina�on within seventy two (72) hours a�er ACWD inspects the ACWD Waterline Work. ACWD's failure to �mely no�fy the City of its determina�on of noncompliance of any mater shall be deemed ACWD's acceptance of such mater. The City shall, in turn, forward all comments to the Contractor, instruct the Contractor to take appropriate ac�ons to correct its work, and shall not accept the ACWD Waterline Work un�l ACWD approves in wri�ng, which approval shall not be unreasonably withheld. The City shall require the Contractor to cooperate with ACWD in inspec�on of the ACWD Waterline Work. The �me impact analysis will be used to determine the �me impacts associated with changes caused by the ACWD work. The cost split associated with concurrent delays caused by both par�es work, the cost split shall be propor�onal to each party’s contribu�on to the delay, based on a �me impact analysis.

6. CONSTRUCTION COSTS AND OWNERSHIP ASSOCIATED WITH ACWD WATERLINE WORK AND ADMINISTRATIVE FEE.

6.1. The as-bid construc�on cost for the ACWD Bid Items shall be as iden�fied separately on the bid schedule to be included in the Construc�on Contract ("ACWD As Bid Construc�on Cost"). The as-bid construc�on cost, including labor, material, permit fees, equipment and warran�es for the ACWD Bid Items shall be determined before the Construc�on Contract is awarded by the City. As full considera�on for the sa�sfactory performance by the Contractor, ACWD agrees to pay one hundred percent (100%) of "ACWD As Bid Construc�on Cost" to the City per executed Construc�on Contract payment requirements. The City assigns to ACWD all right, �tle, and interest in and to the ACWD Waterline Work, including beneficial use of work in progress.

6.2. ACWD agrees to pay one hundred percent (100%) of engineering services during construc�on provided by the Design Consultant to support construc�on of the ACWD Waterline Work.

6.3. ACWD agrees to pay an Administra�ve Fee to the City to reimburse the City for administra�on and construc�on management of the ACWD Waterline Work. The Par�es agree that the Packet Page 110
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 8 of 13 5/23/2024 appropriate amount of the Administra�ve Fee is equal to 5% of the total cost of all ACWD Waterline Work payment items as included in the successful Contractor's bid.

6.4. ACWD shall pay the City the Administra�ve Fee as part of the monthly billing as a percentage of construc�on costs atributable to ACWD Waterline Work.

7. ACWD WATERLINE WORK ACTUAL COST, ADDITIONAL ADMINISTRATIVE FEE AND PAYMENT.

7.1. Pursuant to the contract awarded by the City, the Contractor shall be obligated to the City to perform all work required by the Joint Project Contract (including the ACWD Bid Items) and the City shall be obligated to administer the Contract and pay the Contractor for all work performed in accordance with the Joint Project Contract. ACWD agrees to pay to the City the actual cost of the ACWD Waterline Work ("ACWD Waterline Work Actual Cost") plus, an addi�onal amount to reimburse the City for its costs in administering any change orders or claims rela�ng specifically to the ACWD Waterline Work and the City’s incremental cost associated with construc�on management tasks associated with the ACWD Waterline Work, including those tasks performed by a third-party construc�on manager under contract to the City, ("Addi�onal Administra�ve Fee") as further described in this Sec�on.

7.2. The "ACWD Waterline Work Actual Cost" shall equal the dollar amount that the City actually pays the Contractor in accordance with the terms of the City Project Contract for ACWD Bid Items plus the actual construc�on cost of any and all construc�on change orders and claims to the extent that they increased the cost of the ACWD Waterline Work. Thus, the ACWD Waterline Work Actual Cost will include the product of the actual quan��es and the Contractor's bid amount for each ACWD Bid Item plus payments for contract change orders and claims related to the ACWD Waterline Work as further discussed in this Sec�on.

7.3. The "Addi�onal Administra�ve Fee" shall be an amount equal to 5% of the actual cost of any and all change order work and claims actually paid to the Contractor in accordance with Sec�on

7.1 and Sec�on 7.2.

7.4. For the Joint Project construc�on contract, ACWD agrees to pay for the full cost of work for which the District is responsible based on the unit prices and final approved quan��es of the applicable pay items. Within thirty (30) days a�er the award of the Contract, ACWD agrees to deposit with the City ten percent (10%) of the ACWD As Bid Construc�on Cost, which the City will ini�ally use to deduct the monthly ACWD Waterline Work Actual Costs. On a monthly basis, City will furnish to ACWD a statement ("Invoice") of the ACWD Waterline Work Actual Cost which shall include a detailed statement of itemized construc�on costs for the completed and verified ACWD Bid Items plus the ACWD-related por�on of any and all construc�on change orders and claims to the extent that they increased the cost of the ACWD Waterline Work. The Packet Page 111
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 9 of 13 5/23/2024 Invoice shall also itemize any Addi�onal Administra�ve Fee amounts due as determined in accordance with this Sec�on. If requested by ACWD, the City will provide ACWD with copies of the Contractor's invoices for the ACWD Waterline Work. Within fourteen (14) calendar days a�er the receipt of an Invoice from the City, ACWD shall pay the City the monthly ACWD Waterline Work Actual Costs. The City will use the payment from ACWD to replenish the ACWD deposit ini�ally used to pay the invoice. The City shall return to ACWD all unspent funds deposited by ACWD in accordance with this Agreement at the conclusion of the work.

7.5. For the Consultant Design Services, ACWD shall pay to the City the total of the ACWD Waterline Work Design Services Costs. If ACWD disputes any por�on or item of any Invoice, ACWD shall provide writen no�ce of the dispute, with an explana�on of the basis for the dispute no later than 14 calendar days a�er ACWD's receipt of the Invoice. ACWD's failure to provide �mely writen no�ce to the City dispu�ng any por�on or item of an Invoice received by the District shall be deemed an approval by ACWD of all undisputed por�ons or items of ACWD Actual Cost.

ACWD shall pay the por�on of the Invoice that is not in dispute in accordance with this sec�on.

7.6. If ACWD provides the City with a writen no�ce of dispute, the City and ACWD shall nego�ate in good faith to informally resolve any such dispute. If no agreement is reached within 45 calendar days a�er the date City receives ACWD's no�ce of dispute and either party indicates that progress is not being made to resolve the dispute, the par�es shall submit the mater to dispute resolu�on as described in Sec�on 9 of this Agreement.

8. MODIFICATIONS TO ACWD WATERLINE WORK DURING CONSTRUCTION.

8.1. To the extent that the Contractor is en�tled to addi�onal compensa�on under the terms of the City Project Contract for work related to the ACWD Bid Items, the addi�onal compensa�on shall be considered ACWD Actual Cost pursuant to Sec�on 7 of this Agreement.

8.2. All major construc�on change orders or claims affec�ng or increasing the cost of the ACWD Waterline Work shall be submited to ACWD staff for prior review and approval, except in emergency circumstances. A "major" construc�on change order or claim is one which could reasonably be deemed to result in a ten percent (10%) cumula�ve increase in cost of the ACWD Waterline Work, or one which would increase the cost of the ACWD Waterline Work by $50,000 or more. Writen responses of ACWD staff shall be provided to the City within 7 calendar days a�er receipt, unless authorized City and ACWD staff agree in wri�ng that a specific longer period of review �me is necessary for more complex change order proposals or claims. If ACWD disagrees with the proposed change order or a proposed claim approval, ACWD shall include the reasons for its disagreement in its writen responses. If the City project manager does not receive comments from ACWD within the specified �me, he or she shall be deemed to be authorized to use his or her best judgment with regard to ac�ng upon the proposed change Packet Page 112
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 10 of 13 5/23/2024 order or claim. If ACWD submits writen responses in accordance with the schedule indicated in this sec�on, the City shall in good faith consider such responses in ac�ng upon the proposed change order or claim.

8.3. The City may act upon construc�on change orders and claims which are not "major" without consulta�on with ACWD. “Non-major” change orders are those not considered “major” as defined in Sec�on 8.2. However, a�er the aggregate total of change orders or claims exceeds 10% of the cost of the ACWD Waterline Work as set forth in the Contractor's bid, City shall submit to ACWD staff for prior review and approval all subsequent non-major change orders or claims. This prior review and ACWD response shall be pursuant to Sec�on 8.2 except that responses of ACWD staff shall be provided within five (5) working days for non-major change orders.

9. RESOLUTION OF DISPUTES. In the event the Par�es should disagree regarding implementa�on of this Agreement, the Par�es agree to use the following dispute resolu�on procedure.

9.1. At least one individual in a senior management posi�on from each party will meet, in person, and atempt to resolve the dispute informally.

9.2. If the ini�al mee�ng does not resolve the dispute, the City Manager for the City, and the General Manager for ACWD will meet, in person, and atempt to resolve the dispute informally.

9.3. If the mee�ng with the City Manager and General Manager does not resolve the dispute, the mater shall be referred to a media�on with a JAMS representa�ve with JAMS' fees to be split equally between the City and ACWD.

9.4. If neither the staff mee�ngs nor the medita�on results in resolu�on of the dispute, the Par�es shall have the right to exercise any of its remedies available under law.

10. GENERAL PROVISIONS.

10.1. RELATIONSHIP BETWEEN THE PARTIES. This Agreement does not create any partnership or agency between the par�es.

10.1.1. ACWD is, and at all �mes shall remain, solely responsible for all acts of its officials, employees, agents, and contractors, including any negligent acts or omissions. ACWD is not the City's agent and shall have no authority to act on behalf of the City, or to bind the City to any obliga�on whatsoever.

Packet Page 113
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 11 of 13 5/23/2024

10.1.2. The City is, and at all �mes shall remain, solely responsible for all acts of its officials, employees, agents, and contractors, including any negligent acts or omissions. The City is not the ACWD's agent and shall have no authority to act on behalf of ACWD, or to bind ACWD to any obliga�on whatsoever.

10.2. AUTHORIZED REPRESENTATIVES.

10.2.1. All ACWD services under this Agreement shall be performed by, or under the direct supervision of, ACWD's Authorized Representa�ve, Rekha Ippagunta, Project Engineering Manager, unless otherwise designated in wri�ng by ACWD's Authorized Representa�ve or the General Manager.

10.2.2. All City services under this Agreement shall be performed by, or under the direct supervision of, the City's Authorized Representa�ve, Diana Cangco, Ac�ng City Engineer, unless otherwise designated in wri�ng by the City's Authorized Representa�ve or the City Manager.

10.3. INDEMNIFICATION.

Pursuant to Government Code sec�on 895.4, City shall indemnify, hold harmless, and defend ACWD (including its elected officials, officers, agents, and employees) from and against any and all claim (including all li�ga�on, demands, damages, liabili�es, costs, and expenses, and including court costs and atorney's fees) resul�ng or arising from the City's negligent acts or omissions in the performance of contract administra�on under this Agreement.

In addi�on, City will require its design and engineering consultant(s) and construc�on Contractor to indemnify, hold harmless, and defend ACWD and its officials, officers, agents, and employees and to include ACWD and its officials, officers, agents, and employees as addi�onal insureds to the same extent that the City requires its design and engineering consultants and construc�on Contractor to indemnify, hold harmless, and defend the City and to include the City as an addi�onal insured.

10.3.1. Pursuant to Government Code sec�on 895.4, ACWD shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all li�ga�on, demands, damages, liabili�es, costs, and expenses, and including court costs and atorney's fees) resul�ng or arising from the standard specifica�ons provided by ACWD for the ACWD Waterline Work or ACWD's negligent performance or failure to perform, under this Agreement.

Packet Page 114
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 12 of 13 5/23/2024

10.4. TERM OF THE AGREEMENT. The term of this Agreement shall commence on the date last signed by the par�es, below, and shall con�nue un�l comple�on of all the obliga�ons of the par�es under this Agreement.

10.5. ACCOUNTING RECORDS. The par�es shall maintain all accoun�ng records related to this Agreement in accordance with generally accepted accoun�ng principles and state law requirements, and in no event for less than four years. The par�es' accoun�ng records shall include, at a minimum, all documents which support the costs and expenses related to the ACWD Waterline Work for this Agreement, including personnel, contractors, invoices and payments, and reimbursable expenses. Each party's accoun�ng records shall be made available to the other party within a reasonable �me a�er request, during normal business hours.

10.6. NOTICES. All no�ces required or contemplated by this Agreement shall be in wri�ng and shall be delivered to the respec�ve party as set forth in this sec�on. Communica�ons shall be deemed to be effec�ve upon the first to occur of: (a) actual receipt by a party's Authorized Representa�ve, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or cer�fied mail sent to the address designated below. The Authorized Representa�ve of either party may modify their respec�ve contact informa�on iden�fied in this sec�on by providing no�ce to the other party.

To: City
Atn: Public Works Director
City of Newark
37101 Newark Boulevard
Newark, CA 94560
To: ACWD
Atn: Director of Engineering and
Technology
Alameda County Water District
P.O. Box 5110
Fremont, CA 94537-5110

10.7. HEADINGS. The heading �tles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restric�ng the interpreta�on of the Agreement.

10.8. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condi�on) is held by a court of competent jurisdic�on 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 frustra�on of the par�es' intent under this Agreement.

10.9. GOVERNING LAW, JURISDICTION, AND VENUE. The interpreta�on, 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 Packet Page 115
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 13 of 13 5/23/2024 Agreement shall be filed and heard in a court of competent jurisdic�on in the County of Alameda.

10.10. ASSIGNMENT AND DELEGATION. This Agreement, nor any por�on thereof, shall not be assigned or transferred, nor shall any of a Party's du�es be delegated, without the writen consent of the other Party. Any atempt to assign or delegate this Agreement without the writen consent of the other Party shall be void and of no force or effect. A consent by a party to one assignment shall not be deemed to be a consent to any subsequent assignment.

10.11. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in wri�ng signed by both par�es.

10.12. WAIVERS. Waiver of a breach or default under this Agreement shall not cons�tute a con�nuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

10.13. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the en�re integrated understanding between the par�es concerning the maters described herein. This Agreement supersedes all prior nego�a�ons, Agreements, and understandings regarding this mater, whether writen 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.

10.14. EACH PARTY'S ROLE IN DRAFTING THE AGREEMENT. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and nego�ate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code sec�on 1654 in order to interpret any uncertainty in the meaning of the Agreement.

10.15. COUNTERPART SIGNATURES. The par�es hereto recognize and agree that separate counterpart signature pages may be used but that all such pages cons�tute one and the same Agreement.

10.16. SIGNATURES. The individuals execu�ng 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 respec�ve legal en��es of the ACWD and the City. This Agreement shall inure to the benefit of and be binding upon the par�es hereto and their respec�ve successors and assigns.

IN WITNESS WHEREOF, the City and ACWD do hereby agree to the full performance of the terms set forth herein.

Packet Page 116
Coopera�ve Agreement – City of Newark and ACWD
Newark Old Town Streetscape and Main Renewal 14 of 13 5/23/2024 City of Newark Alameda County Water District
By: ______________________________ By: ____________________________________ David Benoun Ed Stevenson
Title: City Manager Title: General Manager
Date: ____________________________ Date: __________________________________ Packet Page 117

EXHIBIT A
Old Town Streetscape Project Site Area
Packet Page 118

EXHIBIT B
ACWD Design Scope Costs
Packet Page 119
Billable Rate ($/ hour)
Task 1 Preliminary Engineering

1.1 Project Kickoff
Outreach Plan and Setup 12 $2,720
Project Construction Budget 0 $0
QA/QC Plan 12 $3,040

1.2 Data Collection and Field Review 12 $2,460

1.3 Existing Conditions Mapping 0 $0

1.4 Subsurface Conditions Assessment 0 $0

1.5 General Order 88B 0 $0

1.6 Preliminary Design
35% Streetscape 0 $0
30% Waterline 56 $12,500

1.7 Public Utilities
Preliminary Notice 0 $0
65 and 95% Coordination 0 $0
New Utility Services 0 $0

1.8 Outreach 0 $0
Electronic Updates 0 $0
Community Meeting 1 0 $0
Community Meeting 2 0 $0
Public Arts 0 $0
City Council 0 $0

1.9 Contract Management
Project Management 8 $2,200
Quality Control 12 $3,040
Meetings 8 $1,940
120 $27,900
Task 2 Construction Documents

2.1 Streetscape Plans, Specifications and Estimate
50% PS&E 0 $0
90% PS&E 0 $0
100% PS&E 0 $0

2.2 ACWD Plans, Specifications and Estimate
50% PS&E 70 $15,700
90% PS&E 60 $13,600
100% PS&E 52 $11,400

2.3 Grant Funding 0 $0

2.4 Local Assistance Support 0 $0

2.5 Outreach 0 $0
Electronic Updates 0 $0
Public Arts 0 $0
City Council 0 $0

2.6 Final Plans 0 $0

2.7 Contract Management
Project Management 8 $2,200
Quality Control 24 $6,080
Meetings 16 $3,880
230 $52,860
Task 3 Bidding and Construction

3.1 Bidding Support 8 $1,680

3.2 Contract Management 0 $0
8 $1,680
Total Labor Expenses: 358 $82,440
Reimbursable Expenses
General Expenses
$0
$82,440
Total Reimbursable Expenses:

Total Subconsultant Fee:
132 138 88
Task 3 Bidding and Construction Subtotal: 080
8 16 8
Task 2 Construction Documents Subtotal: 84 86 60
88 8
no cost
12 20 20
20 20 20
20 30 20
84 Task 1 Preliminary Engineering Subtotal: 48 44 28
44 8
16 20 20
84 84
444
275.00 210.00 195.00 Glen Anderson Principal-in-Charge Brett Crews Project Engineer Varies Engineer Total Fee Proposal

FEE PROPOSAL
Submittal Date: 08.07.23
Old Town Streetscape Improvements Schaaf and Wheeler
Water Pipeline
Total Hours
DocuSign Envelope ID: 0CEC176C-A20B-4D96-A52C-5172AF901241 Packet Page 120
Item  D. 6.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT    Adopt a resolution to (1) amend the Employee Classification Plan to delete and add multiple class specifications; (2) amend the Compensation and Benefit Plan for the Management,
Supervisory, and Professional Employees Group to add multiple class specifications, and to add salary steps/ranges for each new classification; and (3) amend the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5
SUMMARY AND RECOMMENDATION
City staff analyzed the current staffing configuration and operational needs of the Community Development Department's Planning Division. Identified improvements include adding a Housing Policies and Programs Manager to support the City's numerous housing policies and programs, as well as additional levels of planning positions to provide a better customer service experience and retain talented staff.

Staff recommends that the City Council adopt a resolution to (1) amend the Employee Classification Plan to delete the class specifications of Assistant Planner and Associate Planner and to add the new classifications of Assistant/Associate Planner, Principal Planner, and Housing Policies and Programs Manager; (2) amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employees Group to add the classifications of Assistant Planner, Principal Planner, and Housing Policies and Programs Manager, and to add the salary steps/ranges for each new classification; and (3) amend the City's Salary Schedule to include the salary steps/ranges for the Assistant Planner, Principal Planner, and Housing Policies and Programs Manager in conformance with California Code of Regulations, Title 2, Section 570.5.

Funding for two new full-time positions, one Housing Policies and Programs Manager and one Assistant/Associate Planner is included in the draft 2024-2026 Biennial Budget and Capital Improvement Plan on tonight's City Council agenda. If the resolution to amend the Employee Classification Plan, Compensation and Benefit Plan for the Management, Supervisory, and Professional Employees Group, and City's Salary Schedule is not approved, the positions and funding allocation will be removed from Packet Page 121
the final 2024-2026 Biennial Budget and Capital Improvement Plan that will be presented to City Council in June.

BACKGROUND
The Community Development Department includes the Planning, Community Preservation, and Economic Development Divisions. Currently, there is no singular position dedicated to housing needs, limiting the City's ability to develop housing programs or address housing-related concerns. Additionally, the Planning Division currently includes one Associate Planner, one Senior Planner, and a Deputy Community Development Director, under the leadership of the Community Development Director. Since 2021, the Department has utilized contractors to support the Planning Division, including the current part-time contractor that provides entry-level planning support. Contractors are important partners for Community Development during busy periods, when full-time employee resources are low, and for their specialized experience and skills that are unavailable in the Department. After over two years of contract services, it is clear a long-term need for entry-level planning assistance exists. Also, as current staff gain experience, opportunities for completing more complex work without the need for contract assistance can be realized.

DISCUSSION/ANALYSIS
Before City Council is presented with the draft 2024-2026 Biennial Budget and Capital Improvement Plan (CIP) later on this City Council agenda, staff requests the following class specifications be created and salary steps/ranges assigned. Two additional full-time equivalent positions, one Housing Policies and Programs Manager and one Assistant/Associate Planner to the Community Development Department Planning Division is included in the draft 2024-2026 Biennial Budget and CIP for funding consideration. These positions will be removed from the final 2024-2026 Biennial Budget and Capital Improvement Plan that will be presented to City Council in June, if creation of the classifications and salary steps/ranges are not approved.

HOUSING POLICIES AND PROGRAMS MANAGER
The creation of a Housing Policies and Programs Manager classification would increase staff capacity to implement and support the city’s numerous housing policies and programs identified in the recently certified General Plan Housing Element, as well as affordable housing requirements in the Municipal Code. This position would work closely with City planners on land use matters related to housing, the development of ordinances and policies, and preparation and implementation of special studies and plans. This position would be responsible for identification and administration of housing grants; oversight, monitoring, and compliance of new and existing affordable housing agreements; and leading community education efforts regarding housing.

A consultant assisted with creation of the class specification and a labor market study to determine appropriate compensation for the Housing Policies and Programs Manager position. Staff recommends placement at Salary Range 16 to align with the labor market average. Because the position is at the manager level and outside of the Police Department, staff determined the appropriate employee group for the Housing Policies and Programs Manager classification is the Management, Supervisory, and Packet Page 122
Professionals employee group. No City recognized bargaining unit contested this determination.

ASSISTANT/ASSOCIATE PLANNER
In the recent classification and compensation study, certain entry- and journey-level classifications were recommended to be combined into one classification to allow for flexible staffing and the opportunity for advancement from the entry-level position to the journey-level position. For the Planning Division, the revised classification of Assistant/Associate Planner was recommended. This will support recruitment efforts to attract candidates with varied experience. In particular, staff hired at the Assistant Planner level would be expected to perform entry-level tasks such as customer service, administrative functions, processing basic entitlement applications, and supporting staff throughout the department on special planning studies and policy development efforts.

Positions at the Associate Planner level would normally be filled by advancement from the Assistant Planner level after gaining the knowledge, skill, and experience that meet the qualifications for and after demonstrating the ability to perform the work at a higher level.

Assistant Planner has been an inactive classification for several years, requiring a current salary to be established. Based upon a labor market survey and internal compensation relationships, staff recommends setting the salary for the Assistant Planner position to five (5) salary steps consisting of Step 1- $48.20, Step 2- $50.61, Step 3- $53.14, Step 4- $55.80, and Step 5- $58.59, effective July 1, 2024. These salary steps include the three percent general salary increase that will be applied to other City classifications on July 1, 2024. No changes are recommended to the current Associate Planner salary steps.

When it was active, the Assistant Planner classification was included in the Management, Supervisory, and Professionals Group Compensation and Benefit Plan.

Staff determined it is still appropriate to include Assistant Planner in the Management, Supervisory, and Professionals employee group. No City recognized bargaining unit contested this determination.

PRINCIPAL PLANNER
In analyzing the Planning Division job class family, staff identified a need to establish a classification between the Senior Planner and Deputy Community Development Director classifications. The classification and compensation study included an analysis of job functions, supervisory responsibilities, and complexity of planning duties. While the Senior Planner classification is considered an advanced journey-level in the professional classification series, the Principal Planner classification is a supervisory-level classification and would include supervising programs, projects, and staff within the Planning Division and require an overall higher responsibility in executing complex planning duties. Adding a Principal Planner to the Planning job class family provides potential growth opportunities and is an attractive recruitment and retention tool. Funding for Principal Planner is not requested at this time; staff will seek City Council funding approval when a position is needed in the future.

A labor market study was conducted to identify appropriate compensation as well as Packet Page 123
A labor market study was conducted to identify appropriate compensation as well as ensure compaction rates between each classification in the Planning Division. As such, staff recommends the classification of Principal Planner be assigned Salary Range

16. Because the position is at the senior supervisor level and outside of the Police Department, staff determined the appropriate employee group for the Principal Planner classification is the Management, Supervisory, and Professionals employee group. No City recognized bargaining unit contested this determination.

FISCAL IMPACT
There is no fiscal impact associated with this action. The addition of one full-time Housing Policies and Programs Manager and one full-time Assistant/Associate Planner to the Community Development Department Planning Division is proposed as part of the draft 2024-2026 Biennial Budget and Capital Improvement Plan for City Council consideration this evening. The total compensation cost of the staffing proposal is approximately $924,000 over the two-year budget period and the draft 2024-2026 Biennial Budget and Capital Improvement Plan funds these two positions from a variety of sources, including Housing Impact Fees, Community Development Maintenance Fees, offsets from reduced contractual services, and the general fund.

REVIEW AND APPROVAL
Prepared by - Steven Turner, Community Development Director and Cathreene Ingham-Watters, Human Resources Director
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution CDD Positions
Housing Policies and Programs Manager class specification Assistant/Associate Planner class specification
Principal Planner class specification
Packet Page 124
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING AN AMENDMENT TO THE

EMPLOYEE CLASSIFICATION PLAN DELETING AND
ADDING MULTIPLE CLASS SPECIFICATIONS;

AUTHORIZING AN AMENDMENT TO THE COMPENSATION

AND BENEFIT PLAN FOR THE MANAGEMENT,
SUPERVISORY, AND PROFESSIONAL EMPLOYEES GROUP;
AND APPROVING AN AMENDMENT TO THE CITY’S

SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the Employee Classification Plan was adopted by City Council via Resolution No. 2,505; and
WHEREAS, the City must adjust job specifications to satisfy the changing and anticipated needs of the workforce and to acknowledge advanced skills and job complexity, providing advancement opportunities for talent retention; and WHEREAS, the City determined, based on the current and anticipated needs of the department and results of the recent Classification and Compensation Study, the need to add and revise job titles, job descriptions, and salaries within the Planning Division in the Community Development Department; and
WHEREAS, the City seeks to amend the Classification Plan to delete the class specifications of Assistant Planner and Associate Planner; and to add the class specifications of Assistant/Associate Planner, Housing Policies and Programs Manager, and Principal Planner; and
WHEREAS, the City seeks to amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classifications of Assistant Planner, Housing Policies and Programs Manager, and Principal Planner, along with the associated salary steps or ranges; and
WHEREAS, the City seeks to amend the City’s Salary Schedule to add the classifications of Assistant Planner, Housing Policies and Programs Manager, and Principal Planner at the salary ranges listed below.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Employee Classification Plan adopted by Resolution No. 2,505, and subsequently amended by resolutions, is hereby amended to delete the class specifications of Assistant Planner and Associate Planner and to add the class classifications of Assistant/Associate Planner, Housing Policies and Programs Manager, and Principal Planner.

Packet Page 125
BE IT FURTHER RESOLVED by the City Council of the City of Newark that the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group be amended to add the classifications and salaries of Assistant Planner, Housing Policies and Programs Manager, and Principal Planner, effective July 1, 2024, as reflected in the City’s Salary Schedule.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the classifications of Assistant Planner, Housing Policies and Programs Manager, and Principal Planner effective July 1, 2024 as follows:

Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant
Planner
Hourly
Biweekly
Annual
$48.20
$3,856.00
$100,256.00
$50.61
$4,048.80
$105,268.80
$53.14
$4,251.20
$110,531.20
$55.80
$4,464.00
$116,064.00
$58.59
$4,687.20
$121,867.20
Housing
Policies and
Programs
Manager
Hourly
Biweekly
Annual
$74.91
$5,992.80
$155,812.80
Range 16 $89.89
$7,191.20
$186,971.20
Principal
Planner
Hourly
Biweekly
Annual
$74.91
$5,992.80
$155,812.80
Range 16 $89.89
$7,191.20
$186,971.20
Packet Page 126
Housing Policies and Programs Manager class specification Page 1 of 4 Housing Policies and Programs Manager
Class Specification
Established: 4/24
Class ID: 240
Unit: MGMT
Probation: 12 Months
FLSA: Exempt

DEFINITION
Under general direction, manages and administers specified housing programs and other related activities; leads in the development and implementation of affordable housing programs, participates in the review of affordable housing development projects, and leads long-range activities based on the City’s General Plan, Housing Element, Specific Plans, and regional initiatives; performs a variety of studies and prepares and presents staff reports; serves on review committees; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Community Development Director or designee. May exercise supervision of assigned administrative, technical, professional, and contract staff.

DISTINGUISHING CHARACTERISTICS
This is a single-position, management level classification responsible for managing and administering housing activities, policies, and programs. The incumbent also provides technical expertise and assistance to City staff, the City Council, the Planning Commission, developers, advocates, and the general public. Performance of the work requires an extensive professional background as well as skills in coordinating assignments with other City departments and public agencies. The incumbent is expected to carry out duties with a high degree of administrative discretion and independence within the context of City policies, codes, and standards.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Develop and implement policies and programs pertaining to housing supply and affordable housing in the City, including the Housing Element, the General Plan, and other planning reports.

Facilitate the development of housing projects, including new construction and acquisition/preservation projects, developing timelines, managing consultants, negotiating with developers, directing and performing research, and coordinating with City staff.

Monitor current regulations, code changes, and legislation; analyze potential impacts to City policy or programs.

Research and secure new sources of Federal, State, regional, philanthropic, and private funding and grants for the City’s affordable housing programs and other housing or neighborhood projects.

Oversee administration of the City’s planned inclusionary housing program, including marketing new units, collecting in-lieu fees, and managing contracts; interpret Below Market Rate (BMR) ordinances and guidelines; work with staff to develop and implement procedures; and provide oversight of any external BMR administrators hired to administer the program.

Educate and engage with the public, community stakeholders, and elected and appointed city officials on housing programs and policies.

Packet Page 127
Housing Policies and Programs Manager class specification Page 2 of 4 Represent the City in the Alameda County HOME Investment Partnerships Program (HOME) and Community Development Block Grant Program (CDBG) for federal funding allocations.

Prepare and manage Notices of Funding Availability (NOFAs), Request for Proposals, and/or Request for Qualifications.

Process loan and grant applications for City funds including conducting due-diligence evaluations of proposals and proformas from affordable housing developers or other parties; negotiating and preparing loan documents with assistance from the City attorney and/or other appropriate parties; and completing the loan closing process.

Oversee funded projects through final construction completion to ensure that City loan or grant funds are accurately disbursed and utilized; oversee contract management and payment disbursement; assist in ongoing loan and grant compliance monitoring.

Prepare a variety of reports on housing production and preservation, neighborhood improvement, and other related City activities; gather and analyze data; recommend appropriate action.

Prepare staff reports and make presentations for Council, subcommittees, ad hoc committees, other boards and commissions, community groups, and stakeholders.

Participate in the development and administration of assigned program budget; forecast funds needed for staffing, equipment, materials, and supplies; monitor and approve expenditures; recommend adjustments as necessary.

Negotiate and manage contracts and agreements.

May exercise direct supervision and training over assigned administrative, technical, and professional and personnel including providing timely, accurate and thorough performance evaluations.

Represent the City in meetings with representatives of other agencies, departments, organizations and community groups; participate in outside community and professional groups and committees.

Monitor current and new regulations, code changes, and legislation, trends and innovations, and assess impact and potential improvements to City policies, programs, and projects.

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles and practices of housing programs and development and public policy, including best practices, statistical analysis, and information technology applications.  Procedures, regulations, and practices in housing and redevelopment, financing, land acquisition, construction, rehabilitation, and historic preservation.  Applicable Federal, State, and local funding programs related to housing, including HOME Investment Partnerships Program (HOME) and Community Development Block Grant (CDBG).  Procedures for planning, implementing, and maintaining a variety of housing activities and programs through community participation.

Packet Page 128
Housing Policies and Programs Manager class specification Page 3 of 4  Principles of building, zoning, and applicable local codes.  Grant preparation and contract administration principles and techniques.  Principles and practices of supervision, training, and performance evaluations to include leadership, motivation, team building and conflict resolution techniques.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, regulatory, and legislative organization  Basic budgeting and loan accounting principles and practices.  Basic methods for publicizing and disseminating information regarding housing development projects.  Current computer applications as well as applications used in land use planning and housing development.

Skill or Ability to:
 Analyze, interpret, apply, and explain laws, rules, codes, and regulations related to housing production, preservation and maintenance, neighborhood improvement, redevelopment, and economic development.
 Interpret and explain pertinent housing and department policies and procedures.  Analyze, interpret, explain, and implement various Federal, State, and third-party regulations, rules and procedures, and department policies and procedures.  Research proposals, evaluate alternatives, and make sound recommendations within established policy guidelines.
 Plan, organize and implement housing programs, including a proactive outreach and communication program.
 Develop and monitor an assigned program budget.
 Negotiate, review, and prepare written agreements.
 Supervise, train, and evaluate personnel.
 Independently organize work, set priorities, meet critical deadlines, and follow up on assignments.  Effectively represent the department and the City in meetings with governmental agencies, community groups, various business, professional, and regulatory organizations.  Effectively use computer systems, software applications, and current business equipment to perform a variety of work tasks.
 Communicate clearly and concisely, both orally and in writing; effectively conduct meetings and make presentations to various groups.
 Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.

Education and Experience:

Any combination of education and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Possession of a Bachelor's degree from an accredited college or university in city, urban or environmental planning, architecture urban planning or a related field and five (5) years of increasingly responsible experience in housing development and rehabilitation, planning, or related field including two (2) years of administrative, lead, or supervisory responsibilities related to planning, organizing, and coordinating housing programs.

License and Certificate:

Possession of a California driver license and a satisfactory driving record.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City sites, including traversing uneven terrain, climbing ladders, Packet Page 129
Housing Policies and Programs Manager class specification Page 4 of 4 stairs, and other access points, to operate a motor vehicle, and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas and to conduct inspections may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds or more with appropriate equipment or staff assistance. Assigned duties and responsibilities will require attendance at meetings outside of normal business hours including evenings and weekends.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. Employees must be available to attend day, evening, and weekend meetings, at various sites within and outside the City.

Packet Page 130
Assistant/Associate Planner class specification Page 1 of 4 Assistant/Associate Planner
Class Specification
Revised 3/24
Class ID: 220
Unit: MGMT
Probation: 12 Months
FLSA: Exempt

DEFINITION
Under general supervision, performs a variety of professional planning activities including technical reviews of development and land use applications, and zoning matters; provides professional advice and information to others on planning, community development, zoning and environmental review; prepares staff reports for plan review and site development; assists with preparing and reviewing City Ordinances and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision and direction from a Senior Planner, Principal Planner, or Deputy Community Development Director or designee. Exercises no direct supervision over staff. May provide technical and functional direction to lower-level staff.

DISTINGUISHING CHARACTERISTICS
Assistant Planner - This is the first level class of the professional planning series. Initially, under supervision, incumbents with basic planning experience perform professional and technical planning work in current, advance, and/or environmental planning activities. Incumbents are expected to become familiar with and competent in a range of routine planning functions. As incumbents gain experience, assignments become more varied and are performed with greater independence. Positions at this level usually perform most of the duties at the Associate level but are not expected to function at the same skill level and usually exercise less independent discretion and judgment related to work procedures and methods.

Associate Planner - This is the journey-level class in the professional planning series and incumbents may be assigned the full range of planning functions. Incumbents have project management responsibilities in addition to performing the full range of professional planning duties. Positions at the level are distinguished from the Assistant level by performing the full range of duties as assigned, working independently, exercising judgment and initiative, and receiving only occasional instruction or assistance as new or unusual situation arise.

Positions in the Planner class series are flexibly staffed and positions at the Associate Planner level are normally filled by advancement from the Assistant Planner level after gaining the knowledge, skill, and experience which meet the qualifications for and after demonstrating the ability to perform the work of the higher-level class.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Perform technical review, monitor, and process land use and development applications, including various permits, plan checks and listings fees.

Review development projects, permit applications and building plans for completeness and compliance with current City codes and regulations; provide interpretations of the California Environmental Quality Act (CEQA), Subdivision Map Act, and local environmental guidelines; identify corrective actions to be taken by owners; recommend improvement and rehabilitation programs; conduct follow-up and recheck and approve or deny submittals; review and sign off on plans submitted for Building Plan Check and permits.

Packet Page 131
Assistant/Associate Planner class specification Page 2 of 4 Prepare or assist in preparing and reviewing environmental impact reports; prepare written initial studies, negative declarations, and staff reports related to development projects or City projects.

Refer to and apply numerous documents including the General Plan, Zoning Ordinance, California Environmental Quality Act, Subdivision Map Act, State Planning laws, Municipal Code, County tax assessor’s maps and records, building and architecture plans, and other relevant documents.

Assist in conducting and preparing statistical and research projects, and compile zoning and planning related data as required; prepare a variety of correspondence; prepare routine written project analysis including researching, analyzing findings and making recommendations.

Serve as project manager on entitlement projects, including analyzing and evaluating site and architectural plans, performing technical review and making recommendations, ensuring plans and applications receive appropriate signatures, coordinating in-house review with contractors, administering contracts and approving payment on projects.

Manage consultant contracts, determine scope of work and budgets, track budgets and approve contract payments.

Provide technical advice to other departments, contractors, developers, and the public including explaining City ordinances, regulations, resolutions and planning and zoning policies; may be assigned to direct and review the work and provide training in work procedures to support staff.

Confer with and provide information to property owners, contractors, developers, engineers, architects and public regarding conformance to standards, plans specifications and codes; explain codes, requirements and procedures.

Conduct project site inspections, including compliance with laws, regulations, and ordinances, make recommendations on changes.

Assist in preparing general plan updates; review and draft City ordinances; prepare zoning code and general plan amendment studies; research, analyze, compile and interpret social, economic, population and land use data and trends; prepare written reports on various planning matters, special reports and elements of the General Plan.

Prepare and present staff reports for the City Council, Planning Commission, and various other committees and advisory boards as directed on routine development matters; prepare research, reports, maps, and conduct briefings and meetings.

Maintain department records and files in the computerized permit tracking system; prepare graphic and mapped data using computer-based mapping and other applications.

Establish positive working relationships with representatives of community organizations, state/local agencies and associations, City management, staff, and the public.

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles, practices and procedures related to current City and regional planning, zoning administration, environmental review, and the development process, including applicable laws and regulations.

Packet Page 132
Assistant/Associate Planner class specification Page 3 of 4  Site planning and architectural design principles.
 General concepts of architecture, landscaping, grading, drainage, and traffic and transportation engineering related to the process of urban planning.
 Practices of researching planning and land use issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports.  Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility.  Research and report methods, techniques, and procedures.  Recent developments, current literature, and sources of information related to planning, zoning, and environmental review.
 Computer applications related to the work, including basic GIS concepts and applications.  Current equipment and communication tools used for business functions and program, project, and task coordination.
 Project management and contract administration principles and techniques.  Techniques for effectively representing the City with governmental agencies, community groups, businesses, professional and regulatory bodies and with property owners, developers, contractor and the general public.
 Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Skill or Ability to:
 Understand, interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.  Assess, monitor, and report environmental impact on and of various City programs and services.
 Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.
 Conduct routine research projects including zoning and planning studies, evaluate alternatives, and make sound recommendations.
 Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.
 Read and understand building plans, site plans, technical drawings and specifications.  Communicate and coordinate activities effectively with co-workers, supervisors, other City departments, the general public, representatives of organizations and other sufficient to exchange or convey information and to receive work direction.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
 Effectively use computer systems, software applications, and current business equipment to perform a variety of work tasks.
 Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.

Education and Experience:

Any combination of education and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Assistant Planner: Possession of a Bachelor’s degree from an accredited college or university with major coursework in city, urban or environmental planning, architecture, or related field to Packet Page 133
Assistant/Associate Planner class specification Page 4 of 4 area of assignment, and one (1) year of full-time professional planning experience or related experience.

Associate Planner: Possession of a Bachelor’s degree from an accredited college or university with major coursework in city, urban or environmental planning, architecture, or related field to area of assignment, and three (3) years of professional experience in planning, zoning, and related community development activities.

Possession of a Master’s degree in planning may substitute for one year of professional experience.

License and Certificate:

Possession of a valid driver license and a satisfactory driving record throughout employment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently sit for prolonged periods of time, bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information. Standing in and walking between work areas is frequently required. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. Employees must be available to attend day and evening meetings, at various sites within and outside the City.

Packet Page 134
Principal Planner class specification Page 1 of 4
Principal Planner
Class Specification
Established:

Class ID:

Unit: MGMT
Probation: 12 Months
FLSA: Exempt

DEFINITION
Under general direction, administers specified Community Development activities including current planning, zoning, and subdivision ordinance, long-range planning and the General Plan; supervises the daily operations of the Planning Division and staff; assists with complex, advanced and technical professional planning activities including managing complex development and land use applications and other planning projects; provides professional and technical assistance to the Director and Deputy Director, the Planning Commission, the City Council, developers, contractors and general public; performs a variety of studies and prepares and presents staff reports; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Deputy Community Development Director. Exercises direct supervision of assigned administrative, technical, professional, and contract staff.

DISTINGUISHING CHARACTERISTICS
This class is a supervisory-level class in the Planner classification series. Incumbents are responsible for supervising programs, projects, and staff within the Planning Division, and are also expected to independently perform the full range of complex planning duties. Responsibilities include performing diverse, specialized, and complex work involving initiative, independence, and decision-making within established guidelines. Successful performance of the work requires an extensive background in planning, as well as skill in coordinating work with other City departments and external agencies. This class is distinguished from the Deputy Community Development Director in that the latter has oversight and responsibility for all current and long-range planning programs, projects, functions, and activities.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Plan, organize, assign, supervise, and review the work of staff assigned to the Planning Division including current and long-range planning, environmental compliance, and interagency coordination; train staff in work procedures; evaluate employee performance, counsel employees, and effectively recommend initial disciplinary action; assist in selection and promotion.

Monitors daily activities of the Planning Division; recommend improvements and modifications and prepare various reports on activities, programs, and projects; recommend and assist in the implementation of goals and objectives; implement policies and procedures.

Provide technical analysis of the application of planning and zoning laws, municipal code, general plan, and other technical documents.

Participate in the development, monitoring, implementation, and update of the City's General Plan, Zoning Ordinance, specific plans, and other land use studies; advise staff on interpretations of the Zoning Ordinance, General Plan, Municipal Code, State Planning Law, California Environmental Quality Act, and other regulatory standards.

Oversee and participate in the review and analysis of development proposals, and processing of Packet Page 135
Principal Planner class specification Page 2 of 4
proposed development projects to ensure applications are complete and compliant with City policies and regulations and local, state, and federal requirements; coordinate the technical processing of development proposals.

Supervise and participate in the preparation of documents to ensure compliance with California Environmental Quality Act (CEQA) and federal environmental requirements.

Coordinate Division programs, projects, and activities with other City departments, local jurisdictions and agencies, and regional, state, and federal agencies during the development review process of projects.

Serve as project manager for complex planning projects, including analyzing and evaluating site and architectural plans, performing technical review for project plans and applications, and making recommendations, managing consultant contracts, and determining scope of work and budgets, tracking budgets and approving contract payments.

Assist in budget preparation and administration, analyze financial data, prepare detailed cost estimates with appropriate justifications, as required.

Serve as staff liaison for review boards, ad-hoc committees, and elected officials, including providing technical advice and interpret planning policies and regulations; manage internal staff groups or committees; prepare, review, and present staff reports, management and information updates, and report on projects to the City Council, boards, committees, and commissions, and at public meetings.

Conduct a variety of organizational studies, investigations, and operational studies; recommend modifications to programs, policies, and procedures, as appropriate.

Prepare or direct the preparation of grant and permit applications, pursue federal and state grant funds, and permits, and ensure project compliance with grant or permit regulations.

Attend and participate in professional group meetings; stay current of new trends and innovations in planning; research and monitor changes in regulations and technology that may affect operations; implement policy and procedural changes after approval.

Confer with and provide information to property owners, contractors, developers, engineers, architects, and the public regarding conformance to standards, plans specifications and codes; explain codes, requirements and procedures and evaluate alternatives; receive, investigate, and respond to concerns and issues in a professional manner; identify and report findings and take necessary corrective action.

Conduct site inspections, including project compliance with laws, regulations, and ordinances, make recommendations on changes.

Assist the Deputy Community Development Director with special projects, as needed.

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:

Packet Page 136
Principal Planner class specification Page 3 of 4
 Current principles, practices and procedures related to City and regional planning and zoning administration, environmental review, and the development process including applicable laws and regulations.
 Site planning and architectural design principles.
 General concepts of architecture, landscaping, grading, drainage, and traffic and transportation engineering as they relate to the process of urban planning.  Applicable Federal, State, and local laws, rules, regulations, ordinances, and organizational policies and procedures relevant to assigned area of responsibility. Current principles, practices and procedures of environmental regulations including the California Environmental Quality Act (CEQA).
 Computer applications related to the work.
 Supervisory techniques.
 Principles and practices of researching planning issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports.  Project management contract administration principles and techniques.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, regulatory, and legislative organization Skill or Ability to:
 Complete and administer complex current and long-range planning and zoning conformance activities in an independent and effective manner.
 Conduct complex planning research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.  Assess, monitor, and report environmental impact on and of various City programs and services.  Analyze site design, terrain constraints, land use compatibility, utilities, and other urban services.  Understand, interpret, apply, explain, and ensure compliance with applicable Federal, State, and local laws, rules, regulations, policies, and procedures.  Supervise, direct, and review the work of support staff on a project or day-to-day basis and train staff in work procedures.
 Effectively represent the department and the City in meetings with governmental agencies, community groups and various business, professional and regulatory organizations, and in meetings with individuals.
 Conduct zoning studies and interpret City zoning laws, regulations, and codes.  Read and understand building plans, site plans, and technical drawings and specifications.

Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials.
 Prepare and monitor budgets; manage contractors and contract service budgets.  Communicate and coordinate activities effectively with officials, co-workers, subordinates, other City departments, the general public, representatives of organizations and others sufficient to exchange or convey information and receive work direction.  Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
 Effectively use computer systems, software applications, and modern business equipment to perform a variety of work tasks.
 Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.

Education and Experience:

Packet Page 137
Principal Planner class specification Page 4 of 4
Any combination of education and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Possession of a Bachelor's degree from an accredited college or university in city, urban or environmental planning, architecture, or related degree, and five (5) years of planning related experience, including two (2) years of project management or lead experience. Master’s degree is desirable.

License and Certificate:
 Possession of a California driver license and a satisfactory driving record.  American Institute of Certified Planners (AICP) certification is desirable.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, to inspect City sites, including traversing uneven terrain, climbing ladders, stairs, and other access points, to operate a motor vehicle, and to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas and to conduct inspections may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 25 pounds or more with appropriate equipment or staff assistance.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. Employees must be available to attend day, evening, and weekend meetings, at various sites within and outside the City.

Packet Page 138
Item  E. 1.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT    Hearing to consider property owners' objections to the 2024 Weed Abatement Program and instruction to the Superintendent of Streets to abate the public nuisances
SUMMARY AND RECOMMENDATION
The City of Newark conducts an annual weed abatement program as a fire prevention measure.  This program is a coordinated effort between the City's Maintenance Division and Alameda County Fire Department Fire Prevention staff.  Vacant properties with the potential for extensive weed growth are typically included in the program.

Property owners of these properties have the option to either complete weed abatement work themselves or have the work completed by a City contractor through this program.  The City's contractor is scheduled to complete any necessary abatement work in June.

At the April 25, 2024, City Council meeting, the City Council initiated the 2024 Weed Abatement Program and set May 23, 2024, as the date for a public hearing to hear any objections from property owners. This year's program includes inspection and potential abatement of approximately 121 properties.  Notices were sent giving property owners to advise the City by May 22, 2024, if they intend to abate the weeds themselves.  Most property owners typically perform the work themselves and as of May 15, 2024, no written objections have been received.  If objections are received prior to or during the public hearing, the City Council should consider the objections, and then allow or overrule the objections by motion.

Staff recommends that the City Council, by motion, act upon any objections by property owners to the 2024 Weed Abatement Program, and instruct the Superintendent of Streets to abate the public nuisances.

BACKGROUND
The City of Newark conducts an annual weed abatement program to abate weeds on vacant properties that are not properly maintained by property owners to the satisfaction of Alameda County Fire Department (ACFD) Fire Prevention staff. The program is authorized by, and conducted pursuant to, Government Code Sections 39560, et seq. The abatement work typically consists of tractor mowing, supplemented Packet Page 139
with manual labor to clear weeds abutting fences and to remove debris to facilitate tractor work. Property owners have the option to make their own arrangements for weed and debris removal. All properties on which the City performs the abatement work would be assessed the full cost of that work, including administrative costs.

Administrative coste are 20% of the cost of the weed abatement services pursuant to the adopted Fiscal Year 2024 Master Fee Schedule.

DISCUSSION/ANALYSIS
There are approximately 121 industrial, residential, and commercial parcels that have large areas of vacant ground with regular seasonal weed growth that could develop into a fire hazard if not properly maintained.  These parcels are located throughout the City and are listed on Schedule "A".  Property owners choosing to complete weed and debris removal themselves must complete the work prior to the schedule set for the City's contractor.  The City's landscape maintenance contractor is scheduled to perform the weed abatement work in June.  Property owners were sent pre-paid postcards following City Council's initiation of the 2024 Weed Abatement Program and were asked to return those postcards by May 22, 2024, to advise the City if they would abate the weeds themselves.  At the time of this writing, no written objections have been received.  If the weeds on these parcels are not abated in a timely manner, the City's contractor will perform the work in June.  This provides property owners ample time to complete the abatement work. If objections are received prior to or during the public hearing, the City Council should consider the objections; and then, by motion, allow or overrule the objections.  The City Council may then instruct the Superintendent of Streets to abate the public nuisance on the parcels remaining in the program.

FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 is projected to provide sufficient funding for the 2024 Weed Abatement Program.  Should the anticipated scope of work to be performed by the City increase significantly, a future budget amendment may be necessary.

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
Schedule A
Packet Page 140
Schedule A - List of Potential Properties Subject to Abatement

MAP APN OWNER LOCATION
1 92A 072000510 PRESBYTERY OF SAN FRANCISCO 35450 NEWARK BOULEVARD 3 092 013100109 FILBERT STREET DEVELOPMENT LLC FILBERT STREET AT SNOW

3.1 092 013100204 FILBERT STREET DEVELOPMENT LLC 37243 FILBERT STREET

3.2 092 013100300 FILBERT STREET DEVELOPMENT LLC 37257 FILBERT STREET 5 092 002401000 SINGH SARJEET SYCAMORE STREET NEAR 7303 DAIRY 6 092 002902200

RAO RAJESH & DESHPANDE
VIDYASAGAR V ETAL 36952 MULBERRY STREET
7 092 004501100 ANITRA PRASAD MAGNOLIA STREET NEAR RICH 8 092 003001403

LEPAKSHI HOMES LLC / POLAKALA
KISHORE 6717 THORNTON AVENUE
8 092 003001502 LEPAKSHI HOMES LLC 6733 THORNTON AVENUE 8 092 003001602 LEPAKSHI HOMES LLC 6749 THORNTON AVENUE 8 092 003001804 LEPAKSHI HOMES LLC 6781 THORNTON AVENUE 8 092 003001702 LEPAKSHI HOMES LLC 6765 THORNTON AVENUE 10 092 003200300 DANG ALAN & VO HUONG T DAIRY AVENUE BETWEEN 36805 & 36926 11 092 004100803 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.1 092 002401700 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.1 537 052100801 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.11 537 052100802 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.12 537-0521-009-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.13 092-0054-003-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.14 092-0200-015-01 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.15 092-0253-001-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.16 92A-2165-006-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.17 92A-2300-007-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.18 92A-2300-006-14 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.19 92A-2500-005-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.2 092-0021-016-01 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W Packet Page
1 141
Schedule A - List of Potential Properties Subject to Abatement

11.2 92A-2500-004-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.21 537-0850-021-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.22 537-0850-020-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.23 537-0850-019-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.24 537-0850-018-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.25 537-0850-017-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.26 092-0054-002-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.27 092-0068-003-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.28 092-0069-002-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.29 092-0069-003-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.3 092-0021-016-02 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.3 092-0067-012-05 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.31 092-0067-014-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.32 092-0067-019-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.33 092-0067-020-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.34 092-0065-002-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.35 092-0064-010-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.36 92A-1095-129-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.37 92A-1100-058-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.38 92A-1105-014-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.39 92A-2000-004-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.4 092-0015-004-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.4 92A-2010-002-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.41 092 012702100 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.42 092 012702000 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.43 092-0067-012-05 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.5 92A-0506-107-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W Packet Page
2 142
Schedule A - List of Potential Properties Subject to Abatement

11.6 92A-0506-106-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.7 92A-0501-030-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.8 92A-0502-090-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W

11.9 92A-0620-061-00 UNION PACIFIC - REAL ESTATE SP RAILROAD R-O-W 13 092 025501100

CHANG INCOME PROPERTY
PARTNERSHIP LP 37200 SYCAMORE ST
14 537 085000200

PICK-N-PULL SAN JOSE AUTO
DISMANTLERS 7400 MOWRY AVENUE
15 537 046000725 ADROIT GLOBAL LLC & BEDI SHISHU 6953 JARVIS AVENUE 16 092 003101900 AHMAD ABRAR & NARGIS 6991 THORNTON AVE (primary address undetermined) 18 901 011100900 A & P CHILDREN INVESTMENTS LLC CEDAR BOULEVARD (near Eucalyptus Grove) 19 092A216500904 PABCO BUILDING PRODUCTS LLC REDEKER PLACE AT CHERRY 20 537 900900100

SF BAY NATIONAL WILDLIFE REFUGE
c/o J. Bradley CEDAR BOULEVARD
23 537 046001400

FULL BLOOM BAKING CO BUILDING
FUND LLC 6500 OVERLAKE PL

23.1 537 046001300 PS NORTHERN CA NEWARK INC 6800 OVERLAKE PL 24 092 007500402

SSVGGP VENTURES LLC & SKZR

GROUP LLC CHERRY STREET

24.1 092 007500502

SSVGGP VENTURES LLC & SKZR

GROUP LLC CHERRY STREET
26 537 046000728 FRANCISCAN GLASS COMPANY 35255 FIRCREST STREET

26.1 537 046002101 FRANCISCAN GLASS COMPANY FIRCREST STREET 27 092 008300900 RAFANAN MARJORIO 36915 LOCUST STREET
28 092A230000612 SKW MBT OPERATIONS INC 38403 CHERRY STREET 29 092A075000800 HOLY REDEEMER LUTHERAN CHURCH 35660 CEDAR BOULEVARD 33 901 018800600 LION NEWARK SHOPPING CENTER 39055 CEDAR BOULEVARD 34 092 012601900 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W LOCUST & ELM

34.1 092 012501700 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W WALNUT & LOCUST

34.2 092 012402200 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W SPRUCE & WALNUT

34.3 092 011909900 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W SPRUCE

34.4 092 010000802 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W WILLOW

34.5 092 010000801 SAN MATEO COUNTY TRANSIT DIST. SMCTD RAILROAD R-O-W WEST OF WILLOW Packet Page
3 143
Schedule A - List of Potential Properties Subject to Abatement 35 537 085200102 FMC CORPORATION 8787 ENTERPRISE DR
36 092 011501100 SHH PROJECT OWNER LLC 37445 WILLOW STREET

36.1 092 010000402 HONEYWELL INTERNATIONAL INC WILLOW STREET NORTH OF ENTERPRISE 38 092A072002600 LADRECH MAURICE A TR ETAL 35178 NEWARK BOULEVARD 44 092 012401400 MANWANI GIRISH & MADHU RAILROAD AVENUE SPRUCE & WALNUT 45 092 012501000 CHERRY STANLEY R TR 7843 RAILROAD AVE BETWEEN LOCUST & WALNUT 47 092A103602902 JAIN ASHIT & MONISAH TRS 6214 THORNTON AVENUE 48 092 013400200

LOUIEHELM JENNY & LOUIE WAYLAND

H & JEN L TRS RAILROAD AVE BETWEEN LOCUST & ELM
49 092 013502300 SEAMONKEY LLC WALNUT STREET CORNER LOT 53 092A103603102

ELIZARREY SHIRLEY A TR
SURVIVOR'S TRUST & ELI ETAL 6152 THORNTON AVENUE
54 092A103604100 AU JOSEPH & LILY C TRS NEWARK BOULEVARD AND CIVIC TERR 55 092 025200200 NORDSTROM INC 37599 FILBERT STREET
58 092 004100201 TANIOS SIMON 36964 ASH STREET
61 092A258607600 WANG YUJEH L TR BIRCH STREET ON CEDAR
62 092 010000705 CITY & CO SF WATER DEPT WILLOW STREET

62.1 092 014000302 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2357-031-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2416-015-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2416-013-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2585-002-00 CITY & CO SF WATER DEPT WILLOW STREET

62.1 92A-2585-027-00 CITY & CO SF WATER DEPT WILLOW STREET

62.2 92A-2588-002-01 CITY & CO SF WATER DEPT WILLOW STREET

62.2 092-0116-004-00 CITY & CO SF WATER DEPT WILLOW STREET

62.3 092-0145-010-01 CITY & CO SF WATER DEPT WILLOW STREET

62.4 092-0146-023-00 CITY & CO SF WATER DEPT WILLOW STREET

62.5 092-0068-001-00 CITY & CO SF WATER DEPT WILLOW STREET

62.6 092-0074-002-00 CITY & CO SF WATER DEPT WILLOW STREET Packet Page
4 144
Schedule A - List of Potential Properties Subject to Abatement

62.7 092-0074-002-00 CITY & CO SF WATER DEPT WILLOW STREET

62.8 092-0075-007-00 CITY & CO SF WATER DEPT WILLOW STREET

62.9 92A-2141-002-00 CITY & CO SF WATER DEPT WILLOW STREET 63 092A062304300 CHIKKU PRADEEP 36589 NEWARK BLVD
65 092 012701300

PKA PHARMACEUTICAL INC & YANG
YANHUA 37079 ASH ST
68 092 014000500

GLASS BAY HOMEOWNERS
ASSOCIATION 8333 ENTERPRISE DR.
70 092A258800704 COUNTY OF ALAMEDA TIMBER ST AT CEDAR CT 71 092 010001103

UNITED STATES OF AMERICA FISH
& WILDLIFE SERV THORNTON AVE
73 901 011100300 SPRINGHILL SUITES

SURROUNDING AREAS & INNER PORTION OF PARKING
LOT
74 901 020001700 LANDSEA CHERRY STREET AND SEA TURTLE DR

74.1 901 020001600 LANDSEA CHERRY STREET AND SEA TURTLE DR

74.2 901 020001800 LANDSEA CHERRY STREET AND SEA TURTLE DR 72 092 005200400

SAMUDRALA RAMAPRASAD &

BALAKRISHNAN SANGEETA ETAL THORNTON AVE
Packet Page
5 145
Item  F. 1.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT    Presentation by Godbe Research on the results of the community survey conducted to identify community priorities and to update the Hotel Tax
SUMMARY AND RECOMMENDATION
On February 22, 2024, the Newark City Council directed staff to commission a community survey conducted by an independent third party to identify community priorities and City service needs as part of this year’s budget process.  Furthermore, the survey assessed reactions for a potential locally controlled funding measure that would update the Transient Occupancy Tax (commonly known as the “Hotel Tax”) to fund maintaining the services in which our community relies.  The City retained the services of Godbe Research to perform the community survey, and Bryan Godbe will provide an overview of the findings at the City Council meeting.  After the presentation, the Council should provide staff with direction on whether the City should continue exploring a ballot measure for voter consideration of a Hotel Tax update.

BACKGROUND
The City Council received presentations at the February 22, 2024, City Council meeting regarding the following: (1) a summary of findings identified in the City’s first Facilities Master Plan; (2) an update on the status of Newark’s hotels; and (3) a request from staff to conduct a community survey to gauge Newark voter support of a potential ballot measure that would increase the Hotel Tax by 4% to fund the community’s current and future needs.

Facilities Master Plan
The consultant who engaged the community to develop the City’s first Facilities Master Plan presented the Council with a summary of their findings.  In summary, the City will need to spend tens of millions of dollars to address community needs and critical infrastructure, including a new community center to serve our residents and the replacement of two fire stations to ensure critical public safety needs are addressed.

Hotel Update
Packet Page 146
During the same meeting, the City’s hotel consultants, the Embarcadero Group, reported to the Council on the status of hotels in Newark and also provided an analysis of the City’s existing Hotel Tax.  Their report reveals that the City’s Hotel Tax at the rate of ten percent (10%), is currently much lower than the rates of surrounding and comparable cities that have a Hotel Tax, often at rate of fourteen percent (14%).  They recommended that the City consider updating the Hotel Tax as justified by the surrounding market and analysis provided.

Direction to Proceed with Community Survey
The Council also received a report that evening that requested direction from the Council on whether staff should engage with an independent third party to conduct a community survey to determine whether a Hotel Tax update could be considered by Newark voters and that would serve as a local funding source to fund critical infrastructure and public safety needs of our Newark community, including projects identified in various master plans.

DISCUSSION/ANALYSIS
The City retained the services of Godbe Research, a recognized leader in revenue measure feasibility public opinion research and a previous consultant of the City, to conduct research to gauge the community’s interest in a ballot measure approving a Hotel Tax update and priorities for local funding.

Godbe Research conducted the community survey and collected data via landline, cell phone, and with text messages and emails containing links to online interviews.  The data was collected in late March.

At the City Council meeting, Bryan Godbe of Godbe Research will present an overview of the results from the community survey.  In general, the community survey conducted by Godbe Research shows that our residents prioritize the following City services:

Repairing potholes and city streets
Maintaining neighborhood police patrols/fire protection and 911/emergency medical response
Upgrading fire stations to ensure rapid response times/accommodate modern firefighting and life-saving emergency equipment
Improving emergency dispatch for rapid response during an earthquake or major disaster
Enhancing parks/recreation programs and maintain sports fields and children’s play structures
As the community clearly prioritized 911 medical and fire response, it is important to note that if the City does not address fire station maintenance needs now, then they will only become much more expensive to maintain and operate in the future.

After receiving the report, the Council should consider directing staff to prepare a future City Council agenda item that would allow the Council to consider placing a local funding measure on the November General Election ballot.

Packet Page 147
The current and future needs of the City are vast and critical.  They include replacement of fire stations, tens of millions of dollars in maintenance needs, and various plans that need to be implemented for the safety and benefit of the City and our community.  Locally controlled funding sources are needed to address these essential needs.

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

REVIEW AND APPROVAL
Prepared by - David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Krysten Lee, Finance Director
Roya Gonzalez, Senior Management Analyst
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Facilities Report
Facilities Presentation
Hotel Status Report
Hotel Status Presentation
Community Survey Direction Report
Community Survey Direction Presentation
Packet Page 148
Item  F. 3.

DATE 02/22/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Senior Management Analyst
SUBJECT    Presentation of findings from the Facilities Master Plan assessments and community outreach process
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council receive a presentation on the findings from the Facilities Master Plan (Plan) assessments and community outreach process, and receive feedback to be incorporated into the draft Plan.

BACKGROUND
The City owns and maintains 24 structures ranging from a 300 square foot boat house to a 32,000 square foot aquatic center.  These structures are maintained within the City’s allocated resources and according to preventative maintenance plans specific to each structure. Staff identified the need for a comprehensive long-term plan to strategically prepare for future growth and proper maintenance of City facilities as well as anticipated future community needs. In July 2022, proposals were requested from qualified consultants to develop a Citywide Facilities Master Plan. In November 2022, the City Council approved a contract with Group 4 Architecture & Planning to develop the Plan.

DISCUSSION/ANALYSIS
Since December 2022, Group 4 Architecture & Planning and their consultants have been conducting a comprehensive process to develop the City’s first Facilities Master Plan. The process included four main tasks. These tasks have informed the options and recommended prioritizations presented to City Council at the Council meeting.  The presentation is attached to this staff report.

Task 1: Existing Conditions Evaluation
To determine the condition and maintenance needs of existing buildings, a Facility Condition Assessment (FCA) was completed for each of the City buildings. These assessments document current deficiencies and future maintenance needs. They include the physical condition of building elements including site, exterior envelope, structure, interior elements, visual ADA compliance and mechanical, electrical, and plumbing (MEP) systems. This information has been compiled into an online database Packet Page 149
that will assist the City in developing a long-term maintenance plan and forecasting building maintenance costs. Each facility's FCA will be included in the draft Plan that will be presented to City Council in March.

Task 2: Future Needs Assessment
To develop a comprehensive understanding of the operational needs of the City, the consultant began with department head interviews and staff surveys.  Once the surveys were completed, the consultant toured each facility with staff knowledgeable about the current services provided. Several projects were identified to improve operational efficiency and meet the anticipated growth of staff and services. It is important to note that a public safety sub-consultant was retained to evaluate the police department and fire stations. Based on numerous operational deficiencies, extensive maintenance needs and overall building condition, the consultant recommends replacing Fire Stations No. 27 and 29. This recommendation, along with other potential future projects, will be included in the final Plan.

The needs assessment also included a thorough community engagement process to ensure the Plan addresses the most pressing needs of the community.

During the first phase of community engagement, the community was asked to identify the types of spaces they wanted to see in Newark. This information was collected via an online survey and through pop-up events at two of the City's most popular community events, Family Day at the Park and Groovin’ at the Grove. The survey results are included in the attached presentation, and will be incorporated into the draft Plan. In general, the community prioritized several arts and community spaces such as an arts/craft studio and a performance theater. The consultant reviewed industry standards, trends, and best practices in community facilities to make recommendations to meet Newark's specific needs.

Task 3: Facility Options
To meet the arts and community space needs identified by participants in phase one of community engagement, the consultant introduced the idea of a Cultural Arts Community Center with three proposed size options at two potential locations. The size options are listed below:

Option A = 18,000 sf Cultural Arts Center
Option B = 25,000 sf Cultural Arts Center
Option C = 32,000 sf Cultural Arts Center
Each proposed size option includes the spaces identified by the community in phase one community engagement, by priority level. Each of the three proposed size options were evaluated at two sites: Newark Community Park and Civic Center Park. These options along with a set of evaluation criteria were presented to the community during phase two of community engagement. Engagement efforts included pop-up events at Newark Days' Community Resource Fair and the City's annual Tree Lighting Ceremony; a community meeting and open house; and an online survey. While there Packet Page 150
are many different opinions, the majority of the community have identified the Community Park as the preferred location and preferred the largest of the three proposed size options.

Task 4: Implementation Plan
The projects identified in the Facilities Master Plan are broken into three categories:

Preventative Maintenance – These costs will fluctuate year to year and are estimated to be approximately $73 million over twenty years.

Renovations/CIP – These projects have been identified based on community or operational needs. The projects will be recommended and reviewed during the Capital Improvement Program process. The majority of them are future projects.

New or Replacements – These new buildings are being recommended for the short term to meet the needs of the community and fire operations.

The Facilities Master Plan provides a guide for the next 20 years. A general overview of the facility recommendations for each facility over the first five years is shown below.

2024-2029 City Facility Recommendations Summary
Facility Maintain Renovations/CIP Replace Sell/Repurpose/Demo Ash Street Park
Buildings X
Birch Grove
Park Restroom X
Boathouse at
Lakeshore Park X
Community
Center Annex X
Community
Center X
Community
Center Park
Restroom
Building
X
Fire Station 27 X
Fire Station 28 X X
Fire Station 29 X
Old Fire Station X
Old Library X
Clark W.

Redeker Senior
Center
X
Packet Page 151
Second
Chance Shelter X
Service Center X X
George M.

Silliman
Community
Activity Center
X
Mel Nunes
Sportsfield Park
Restroom
Building
X
Watkins Hall X
David W. Smith
City Hall X
Alan L. Nagy
Library X
Police
Department X
The presentation from Group 4 Architecture & Planning will provide an overview of the process, including community engagement, and present significant findings. Following the presentation, the consultant will solicit feedback from City Council.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Senior Management Analyst
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation
Packet Page 152

CITY OF NEWARK

FACILITIES MASTER PLAN

CITY COUNCIL UPDATE
February 22, 2024
Packet Page 153
AGENDA
2 1. Project Goals and Schedule

2. Facility Conditions Assessment

3. Space Needs
 Community, Recreation & Aquatics
 Admin, Public Safety & Service

4. Facility Options

5. Implementation Plan
Packet Page 154
3City of Newark Facilities Master Plan

PROJECT GOALS

2. DETERMINE GROWTH | Determine growth and future needs

1. ASSESS | Assess facility needs & conditions
Engage the Newark community about community 3.
program and space needs ENGAGE |
Develop recommendations and options with supporting
cost estimates

4. DEVELOP |
Create an action plan to guide and improve future decisionmaking about programs, services, workflow, and facilities

5. PLAN |
Packet Page 155
4City of Newark Facilities Master Plan
Packet Page 156
4 AGENDA
5 1. Project Goals and Schedule

2. Facility Conditions Assessment

3. Space Needs
 Community, Recreation &
Aquatics
 Admin, Public Safety & Service

4. Facility Options

5. Implementation Plan
Packet Page 157
6City of Newark Facilities Master Plan

NEWARK FACILITIES MAP

SPORTSFIELD RESTROOM
Packet Page 158
7City of Newark Facilities Master Plan

FACILITY CONDITION ASSESSMENTS

PRE-SURVEY
01 • PRE-SURVEY

QUESTIONNAIRE
• REVIEW EXISTING
DATA
PILOT
• CONDUCT SITE

ASSESSMENT(S)
• SAMPLE REPORT
• DRAFT APPROVAL
02 ASSESSMENT
• BUILDING SYSTEM

INSPECTIONS
• Site and Infrastructure
• Exterior and Building
Envelope
• Roof and Rooftop Systems
• Interiors & Accessibility
• MEP & Life Safety Systems
• INDENTIFICATION OF

DEFICIENCIES
• INVENTORY OF ASSETS
• REPAIR / REPLACE

RECOMMENDATIONS
• COST ESTIMATING /

MAINTENANCE PLAN
03 DELIVERABLE
• FACILITY

ASSESSMENTS
• CAPITAL PLANNING

REPORTS
• PORTFOLIO

PRIORITIZATION
• FACILITY

CONDITION INDEX
(FCI)
04 Packet Page 159
8City of Newark Facilities Master Plan

FACILITY MAINTENANCE COSTS
Long Term TOTAL
(11-20 yrs.)
Mid Term
(6-10 yrs.)
Near Term
(3-5 yrs.)
Short Term
(1-2 yrs.)
Immediate
Total expenditures for ALL $8.15M $4.08M $9.93M $20.41M $57.53M $100.1M facilities
Total expenditures for ALL $500K
facilities for Safety Plan Type
costs
Total expenditures for facilities $1.72M $2.74M $7.38M $15.63M $44.99M $72.46M EXCLUDING Community
Center-Annex-Restroom, Fire
Station 27 and 29, Watkins Hall,
Old Fire Station and Old Library
Total expenditures for facilities $52K
for Safety Plan Type costs
EXCLUDING Community
Center-Annex-Restroom, Fire
Station 27 and 29, Watkins Hall,
Old Fire Station and Old Library
Packet Page 160
AGENDA
9 1. Project Goals and Schedule

2. Facility Conditions Assessment

3. Space Needs
 Community, Recreation &
Aquatics
 Admin, Public Safety & Service

4. Facility Options

5. Implementation Plan
Packet Page 161
10City of Newark Facilities Master Plan

NEWARK COMMUNITY, RECREATION & AQUATIC FACILITIES
Packet Page 162
11City of Newark Facilities Master Plan
ROUND 1 COMMUNITY NEEDS ENGAGEMENT RESULTS
Packet Page 163
12City of Newark Facilities Master Plan

AQUATIC NEEDS
Splashpad
$$$
To be evaluated in the
Parks Master Plan
25-Yard Pool
$$$$$
For competitive use. To be
evaluated in the Parks
Master Plan
Outdoor Needs
(may not be at the Silliman Center)
Indoor Needs
(improvements to the Silliman Center)

NINJA CROSS
$$
Located over the lap pool.

Requires coordination with
existing structural system.

AQUATIC FITNESS
$
Located within the lazy
river pool side catch area.

Require storage when not
in use.

POOL AMENITIES
$-$$
Improved food service and
seating such as picnic
tables and cabanas for
both general use and
rentals.

SILLIMAN CENTER
Packet Page 164
13City of Newark Facilities Master Plan

AQUATIC NEEDS

POOL AMENITIES
Food service
Seating: picnic tables &
cabanas

IMPROVE CHECK IN

AND STAFF

WORKSPACES

NINJA CROSS
and

AQUATIC FITNESS

SILLIMAN CENTER
Packet Page 165
14City of Newark Facilities Master Plan

PLANNING STANDARDS
Packet Page 166
15City of Newark Facilities Master Plan

PLANNING STANDARDS
Packet Page 167
16City of Newark Facilities Master Plan

PLANNING STANDARDS
Packet Page 168
17City of Newark Facilities Master Plan

COMMUNITY PROGRAM OPTIONS
SF/ Resident
Total SF
Expand
Community
Center
complex
Relocate/
Replace
Senior
Center
Renovate
or Replace
Community
Center
Annex
Renovate
or Replace
Community
Center
Program
Options
+ 15,000 3,000 0 0 18,000 1.63 A
(Base)
B + 15,000 3,000 7,000 0 25,000 1.63
(A+B)
+ 15,000 3,000 7,000 + 7,000 32,000 1.75 C
(A+B+C)
Packet Page 169
18City of Newark Facilities Master Plan

FACILITY CONDITION ASSESSMENTS
3-YEAR FCI: 5.6%
10-YEAR FCI: 11.8%
3-YEAR FCI: 7.5%
10-YEAR FCI: 19.5%
3-YEAR FCI: 2.7%
10-YEAR FCI: 22.9%
3-YEAR FCI: 17.1%
10-YEAR FCI: 22.7%
Packet Page 170
19City of Newark Facilities Master Plan

COMMUNITY

PROGRAM OPTIONS
Packet Page 171
20City of Newark Facilities Master Plan

COMMUNITY PARK OPTIONS
OPTION A OPTION B1 (one-story) OPTION C
OPTION B2 (two-story)
Packet Page 172
21City of Newark Facilities Master Plan

CIVIC CENTER PARK OPTIONS
OPTION A OPTION B1 (one-story) OPTION C
OPTION B2 (two-story)
Packet Page 173
22City of Newark Facilities Master Plan

EVALUATION CRITERIA

FUNCTIONALITY SUSTAINABILITY

BLDG/ PARK

RELATIONSHIP

ACCESSIBILITY

VISIBILITY OPERATIONAL

EFFICIENCY

ENVIRONMENT COMMUNITY
NEEDS

SYNERGY/

CONNECTIVITY
COST
22 Packet Page 174

COMMUNITY CENTER & ANNEX AT

NEWARK COMMUNITY PARK

OLD LIBRARY AT

NEWARK CIVIC CENTER PARK
Base- A
(18k SF)
Base+B
(25k SF)
Base+B+C
(32k SF)
Base- A
(18k SF)
Base+B
(25k SF)
Base+B+C
(32k SF)
Expand
Community
Center
Consolidate:

Relocate/
replace Senior
Center
Replace
Old Library
Renovate
Old Library
Expand
Community
Center
Consolidate:

Relocate/
replace Senior
Center
Replace
Community
Center &
Annex
Renovate
Community
Center &
Annex

EVALUATION

CRITERIA

POOR FAIR EXCELLENT

OPERATIONAL EFFICIENCY

COMMUNITY NEEDS
COSTS

VISIBILITY

SYNERGY/ CONNECTIVITY

BLDG/ PARK RELATIONSHIP

ACCESSIBILITY

ENVIRONMENT

TOP CRITERIA
23 Packet Page 175
24City of Newark Facilities Master Plan
ROUND 2 COMMUNITY NEEDS ENGAGEMENT RESULTS
74%
26%
0 50 100 150 200 250 300 350 400 450

NEWARK COMMUNITY PARK

NEWARK CIVIC CENTER PARK
NUMBER OF PARTICIPANTS = 526
Newark Days 9/17
Tree Lighting 12/01
Community Mtg 10/17
Online Survey
Packet Page 176
25City of Newark Facilities Master Plan
11%
34%
55%
0 50 100 150 200 250
OPTION A (18,000 SF)
OPTION B (25,000 SF)
OPTION C (32,000 SF)
Newark Days 9/17
Tree Lighting 12/01
Community Mtg 10/17
Online Survey
ROUND 2 COMMUNITY NEEDS ENGAGEMENT RESULTS
Packet Page 177
26City of Newark Facilities Master Plan

RECREATION NEEDS SILLIMAN CENTER
GENERAL Improved storage for all
program spaces

GENERAL
Look at underutilized space
for additional program
opportunities

FUTURE NEEDS
Multi use gym and courts
with indoor walk/run track
Packet Page 178
27City of Newark Facilities Master Plan

NEWARK ADMINISTRATION, PUBLIC SAFETY & SERVICE FACILITIES Packet Page 179
28City of Newark Facilities Master Plan

ADMINISTRATION NEEDS CITY HALL

WORKSPACE
Limited vacant workstations
and offices for future staff
growth.

MEETING ROOMS
Meetings rooms have been
reduced to accommodate for
current office needs.

Need for small focus/zoom
rooms

PUBLIC SPACES
Public counters and lobbies
are underutilized.

Security concerns regarding
current public counters.

Packet Page 180
29City of Newark Facilities Master Plan

PUBLIC SERVICE CENTER NEEDS
ADMIN BLDG.

Underutilized office space.

Portables should be replaced
with a permanent facility.

SHOP
Update HVAC.

MAINTENANCE BAYS
Provide new maintenance
bays that accommodate the
current fleet sizes. Provide a
total of 4 bays.

LOCKERS/BREAK ROOM
Provide adequate
locker/changing room for
men and women, separate
from break room.

COVERED PARKING
Provide additional covered
parking that can double as a
more secure perimeter for
the facility.

FILBERT STREET
Packet Page 181
30City of Newark Facilities Master Plan

PUBLIC SAFETY NEEDS
INTERIOR Minor interior improvements
to improve operations and
security.

POLICE STATION
EXTERIOR • Improvements to site security,
vehicle charging capacity
and operations.
• Improve roof and storm
drainage and waterproofing
issues.

Packet Page 182
31City of Newark Facilities Master Plan

FIRE STATION NEEDS

CODE COMPLIANCE
ISSUES
Current facilities do not meet
current ADA as well as other
compliance issues with
egress and ventilation.

FIRE STATION 27 & 29

ESSENTIAL SERVICE ACT

COMPLIANCE ISSUES
Both facilities need seismic
strengthening and
emergency back-up power.

OPERATIONS
Improvements to bring
facilities up to current best
practices for fire operations
and security.
#27
#29

LIFE SAFETY ISSUES
Current facilities need fire
alarm systems.

Packet Page 183
32City of Newark Facilities Master Plan
FIRE STATION OPTIONS FIRE STATION 27 & 29
FIRE STATION #27 FIRE STATION #29
Packet Page 184
33City of Newark Facilities Master Plan
FIRE STATION NEEDS FIRE STATION 28

INTERIOR
Minor interior improvements
to improve life safety, code
compliance, operations and
security issues.

EXTERIOR
Improvements to site security
and operations.

ESSENTIAL SERVICE ACT

COMPLIANCE
Increase emergency power
capacity for the entire facility
and systems.

Packet Page 185
AGENDA
34 1. Project Goals and Schedule

2. Facility Conditions Assessment

3. Space Needs
 Community, Recreation &
Aquatics
 Admin, Public Safety & Service

4. Facility Options

5. Implementation Plan
Packet Page 186
35City of Newark Facilities Master Plan

FACILITY IMPROVEMENT PROJECTS
Long Term
(11-20 yrs.)
Mid Term (6-
10 yrs.)
Near Term
(3-5 yrs.)
Immediate &
Short Term
Project Costs
$7-9M
($5-6M)
($1-1.5M)
($1-1.5M)
Improvement to Silliman Center
• Updated pool amenities
• Improve Check-in and Staff Workspaces
• Ninja Cross and Aquatic Fitness

AQUATICS
New 18-32k SF Community & Arts Center @ $31-56M
Community Park

COMMUNITY &
ARTS
$3-4M
$23-28M
Improvement to Silliman Center
• Improved Storage
• Evaluate underutilized space for additional
program opportunities
• Evaluate additional gym and courts
w/indoor walk/run track

RECREATION
CITY HALL Minor improvements to City Hall $1.5-2M
$18.5-23M
($3-4M)
($7-8M)
($2-3M)
($.5-1M)
($6-7M)
Improvements to Service Center
• New Admin Building
• New maintenance bays (4)
• Update locker/changing rooms and break
room
• Update HVAC in Shop Bldg.
• Additional covered parking

SERVICE CENTER
$15-19M
$15-19M
$1.5-2M
New ~8k Fire Station 27
New ~8k Fire Station 29
Upgrades to Fire Station 28
FIRE
POLICE Minor improvement to Police $2-2.5M
SAFETY ISSUES $52-500K
$45-

57.6M
$15.7-

20.5M
$4.5- $7.4-10M

12.3M

MAINTENANCE
Packet Page 187
THANK YOU!
36 Packet Page 188
Item  F. 4.

DATE 02/22/2024
TO Honorable Mayor and City Council Members
FROM Steven Turner, Community Development Director
SUBJECT    Presentation regarding Newark's Transient Occupancy Tax (TOT) and the Newark hotel market
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council receive an informational presentation on Newark’s Transient Occupancy Tax (TOT) and the Newark hotel market.

BACKGROUND
In November 2022, the Council received an informational presentation on Newark’s Transient Occupancy Tax (TOT) and the Newark hotel market. The attached presentation for February 22, 2024, summarizes and updates that information.  The 2022 and the 2024 reports are collaborations between the Departments of Finance, Community Development, and the City Manager’s Office with input from the Embarcadero Hotel Group consultants, Sondra Storm and Mark Keller.  The consultants maintain a diverse practice in hotel market analysis, hotel development, and hotel operations for both private and public clients.

Both the November 2022 and the February 2024 presentations review: (1) the financial impact of the TOT to the City and the legal basis in State law to collect it; (2) the market factors that contribute to successful hotels and strong TOT revenue with a focus on business recovery following the COVID-19 pandemic; and, (3) TOT rates in cities across the Bay Area including Newark.

Today, the hotel industry is recovering from the COVID-19 pandemic. That recovery remains a critical factor for Newark hotels because of an unprecedented drop in hotel revenue and associated city TOT revenue. The revenue losses started dramatically in March 2020 and are not restored today, almost four years later. City TOT revenue dropped from almost $7 million per year in pre-COVID fiscal year 2019 to slightly under $3 million per year in fiscal year 2021. The presentation will relate this history to present performance and explain the reasons for the recovery and the financial risk for hotels when the recovery is not yet complete.

DISCUSSION/ANALYSIS
Packet Page 189
As a hotel market, Newark is distinctive because it has an unusually large number of competitive, business-serving hotels for a city of its size.  Therefore, TOT revenue is also an unusually large contribution for Newark’s size and is critical to the city's budget.

TOT revenue is partly a function of the market: the number of hotels and hotel rooms, the room rate, and the number of rooms occupied. TOT revenue is also a function of the voter-approved TOT rate: the percentage of the room rate that is added to the customer’s bill and paid to the City as TOT.

The presentation will compare the TOT rates approved by voters in Bay Area cities, including Newark. The data indicates that Newark is ‘undercharging’ with its 10% TOT rate, while most Bay Area cities have 14% rates. The consultant will explain how hotel guests perceive TOT in the marketplace, why there is typically widespread voter support for TOT rate increases in the Bay Area, and the revenue Newark would receive at the regionally prevailing 14%.

The report and presentation for the following item on the agenda for this City Council meeting acknowledges that there are several current and future needs of the City - including most significantly the need for capital improvements as identified in the Facilities Master Plan that is currently being developed - and recommends that the Council provide direction to City staff to conduct polling to gauge whether there is community support to increase the TOT rate in order to pay for these needs and improvements.

FISCAL IMPACT
There is no fiscal impact as this is an informational item.

REVIEW AND APPROVAL
Prepared by - Anne Stedler, Deputy Economic Development Director Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation
Packet Page 190

TRANSIENT OCCUPANCY TAX (TOT)

RECOMMENDATIONS TO CITY COUNCIL
1 FEBRUARY 22, 2024
Packet Page 191
1 TOT ORDINANCE OVERVIEW 2 TOT REVENUE UPDATE 3 HOTEL DEVELOPMENT UPDATE 4 NEWARK HOTEL MARKET ANALYSIS 5 NEXT STEPS AGENDA
2 Packet Page 192

TRANSIENT OCCUPANCYTAX (TOT)
3  A tax imposed on occupants for the privilege of occupying rooms in hotels and any structure intended for transient occupancy.
 Who pays TOT?
 The guest, for each overnight stay
 Lessthan 30 days = transient occupancy
 Hotel operators collect and remit to the city
 Monthly and Quarterly
Packet Page 193

ORDINANCE OVERVIEW
4  California Revenue and Taxation Code 7280-7281
 Authorizes general law city to impose a transient occupancy tax
 Tax Imposed
 Increase, expansion or extension requires voter approval  General Tax requires a majority vote
 Newark’s current rate = 10%
Packet Page 194
REVENUE UPDATE – FY 2023 RESULTS
TOT 6%
Property
Tax 36% UUT 5%
Licenses,
Permits &
Fees 13%
Other 8%
Measure GG
10%
SalesTax
22%
5 Packet Page 195
REVENUE UPDATE – FY 2023 RESULTS
7%Above
Budget
6 FY 2023
Actual
$4.9m
FY 2023
Budget
$4.6m
Packet Page 196
10-YEAR HISTORICAL & 3-YEAR FORECAST
Projected Fiscal Year 7
Packet Page 197
7 HOTEL DEVELOPMENT UPDATE
HYATT PLACE HOTEL – OPENED JUNE 2023
Packet Page 198
9 9
NEWARK’S HOTEL MARKET – RESILIENCY, RECOVERY
Packet Page 199
THE NEWARK HOTEL MARKET UPDATE – February 2024
10 01 02 03 04
Pre Covid
and Today
Compared to
nearby
markets
TOT rates
compared to
nearby
markets
Next Steps
Packet Page 200
 Companies locating and growing in Newark and Fremont, including Tesla, Lucida, med-tech and more.
 Tech Giants: Meta (Facebook), Alphabet (Google), Apple, and other tech growing in the greater region.
 Convenient location to BayArea cities and its 3 major airports, and proximity to Menlo Park and Palo Alto via Dumbarton bridge.  Proximity to San Francisco and the San Jose Convention Center. 11 NEWARK HOTEL MARKET – 10-YEAR TRENDS
Grew faster than most US hotel markets, due to:

Packet Page 201

BAY AREA
HOTEL
MARKET
2023
UPDATE.

POST
COVID

AND THE
FUTURE
 In 2023, the regional hotel market still
lags significantly behind the national
market recovery.
 SiliconValley is outperforming San
Francisco.
 Bay Area tech companies are ramping up
pressure on employees who have been working
remotely to return to company offices
12  Changes in the percentage use of office
space are the greatest drivers of increased
hotel demand in the Bay Area.
 Convention visitation, and destination travel
to San Francisco both still lag well behind pre-
covid levels
Packet Page 202

NEWARK BUSINESS CLASS HOTELS COMPARED
13 To selected nearby markets:
• Fremont/Milpitas
• MountainView/Cupertino
• PaloAlto/Menlo Park
Performance Measures:
• Occupancy
• Average Daily Rate (ADR)
• Revenue PerAvailable
Room (RevPAR)
Packet Page 203

OCCUPANCY
2019 – 2023
Occupancy %
*Sources CoStar/STR, Embarcadero Hospitality Group 14
77%
50%
68%
77%
38%
70%
81%
35%
60%
71%
31%
57%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
2019 2020 2023
Newark Palo Alto/Menlo Park Mt. View/Cupertino Fremont/Milipitas Packet Page 204

AVERAGE DAILY
RATE 2019 – 2023
Average Daily Rate
*Sources CoStar/STR, Embarcadero Hospitality Group 15
$182
$137 $142
$342
$219
$318
$251
$173
$214
$193
$142 $147
$0
$50
$100
$150
$200
$250
$300
$350
$400
2019 2020 2023
Newark Palo Alto/Menlo Park Mt. View/Cupertino Fremont/Milipitas

AVERAGE DAILY RATE
2019 – 2023
Packet Page 205
RevPAR
*Sources CoStar/STR, Embarcadero Hospitality Group 16
$141
$69
$97
$262
$83
$221
$202
$61
$128 $136
$44
$84
$0
$50
$100
$150
$200
$250
$300
2019 2020 2023
Newark Palo Alto/Menlo Park Mt. View/Cupertino Fremont/Milipitas

REVENUE PERAVAILABLE ROOM (REVPAR)
2019 – 2023
Packet Page 206
17 Newark Fremont/
Milpitas
Mt.View/
Cupertino
Palo Alto/
Menlo Park
2020 49% 32% 30% 32%
2021 48% 35% 28% 38%
2022 66% 60% 62% 78%
2023* 69% 62% 63% 85%
Percentage of 2019 (pre-Covid) revenue:

NEWARK POST-COVID HOTEL PERFORMANCE

COMPARED TO OTHER SELECT BAY AREA MARKETS
*2023 includes projection for December
Packet Page 207
 In 2019 - 2023,Newark added many new hotel rooms as a percentage, but still outperformed Fremont, Milpitas and many Bay Area hotel markets, due to:
 Convenient location.
 New and expanded businesses near Newark.
 Newark’s hotels cost less.
 More of Newark’s hotels have extended-stay features.
 Newark is perceived as a nicer,safer place to stay than other BayArea options at similar price-points.
18 NEWARK’S RESILIENCY EVENWITH 2 NEW HOTELS IN 2019
Packet Page 208
NEWARK – POST COVID RECOVERY STRENGTHS
 Recent expansion in biotech and EV
industries will generate overnight stays:
 Allogene, Atum, Cepheid, Gissing,
FreeWire, Lucid Motors, Meta and
Vector Laboratories
 Almost 1.8 million sq ft industrial
building area
 Attractive, new hotels 19
Packet Page 209
NEWARK – POST COVID RECOVERY OPPORTUNITIES
 Potential to add more industry.
 Potential to attract more leisure travelers with
restaurants, strong location, event spaces,
shopping, and proximity to bike trails and Don
EdwardsWildlife Refuge.
20 Packet Page 210
NEWARK – HOTEL MARKET RECOVERY CHALLENGES
21  A surge of New hotel rooms in Newark, Fremont and Milpitas -- based on pre-covid demand -- dilute revenue per hotel.
 Several Newark Hotels have been unable to keep up on renovation and update schedules due to loss of revenues per room since 2020  Meta has faced a number of challenges.
 Delay of the Dumbarton Railway bridge project.
 Dependent on business travel.
 Fewer and smaller tech conventions in the Bay Area
Packet Page 211

TRANSIENT OCCUPANCY
TAXES

BENEFITS OF STRONG

HOTEL PERFORMANCE TO
NEWARK
22 Packet Page 212
NEWARK SUPPLY INVENTORY – 10 HOTELS (1,605 ROOMS)
Property Rooms Parent Brand Class
Doubletree by Hilton 315 Hilton 1984
Homewood Suites 192 Hilton 1999
Courtyard 181 Marriott 2002
Aloft 172 Marriott 2000
Residence Inn 168 Marriott 2002
EZ8 Motel 141 Independent 1985
Chase Suites 140 Independent 1986
SpringHill Suites 119 Marriott 2019
Staybridge Suites 104 IHG 2019
Wyndam Garden (formerly Comfort Inn) 101 Wyndam 1986
Hyatt Place 112 Hyatt 2023
*Note the conversion of theTownPlace Suites to residential in 2022 removed 125 rooms from the market. 23 Packet Page 213
City Current Hotel Taxes Rates Selected Bay Area Cities Newark 10%
Menlo Park 14%
Milpitas 14%
Fremont 10%
Oakland 14%
Palo Alto 15.50%
Redwood City 12%
San Carlos 14%
Santa Clara 11.5% and 13.5% (2% CFD near Levi’s Stadium) San Francisco 16.25% (14% city + convention & additional location fees) San Jose 14% (10% city + 4% convention center)
San Leandro 14%
Sunnyvale 12%
Union City 13.54% (As of July 1, 2022)
24 TRANSIENT

OCCUPANCY

TAX RATES
24 Packet Page 214
25 TRANSIENT

OCCUPANCY
TAXES
Three nearby cities adopted TOT
increases through via public approval of
ordinances in November 2022
elections:
 Alameda 14% (from 10%)
 Belmont 14% (from 12%)
 Millbrae 14% (from 12%)
Packet Page 215
Current and Potential NewarkTransient Occupancy
Taxes @ 10% to 14%
26 FY 2019
(pre Covid)
Existing 10% Rate If 12% If 14%
Collected $6,700,000 $8,040,000 $9,380,000
Difference + $1,340,000 + $2,680,000
FY 2023 Existing 10% Rate If 12% If 14%
Collected $4,950,000 $5,940,000 $6,930,000
Difference + $990,000 + $1,980,000
Packet Page 216

ECONOMIC ACTIVITYAND CITY BENEFITS OF HOTELS
 Hotels generate TOTs and other economic benefits:
 Hotel guests in the U.S.spend an additional $1.22 in the community for every $1 they spend on their hotel bill*.
 Great hotels help Newark attract businesses.
 Hotels generate construction and ongoing hotel jobs.
 Sports tournament and other marketing initiatives possible with increased TOT taxes, incorporating hotel feedback
* 2019 Oxford Economics 27
Packet Page 217

BENEFITS OF STRONG HOTEL PERFORMANCE
TOT REVENUES @ 10% FOR ONE 100-ROOM HOTEL
$257,600 difference:

Strong hotel performance benefits owners and community
Performance Weaker Stronger
Occupancy 60% 80%
Average Rate $120 $180
Annual Revenue $2,680,000 $5,256,000
TOT at 10% $268,000 $525,600
28 Packet Page 218

NEXT STEPS
29  Monitor hotel statistics.
 Continued communication with hotels to understand challenges, strengths and opportunities.
 Consider submitting to voters a potential increase of theTOT rate to contribute to Newark’s General Fund and update ordinance.

Packet Page 219
QUESTIONS?
30 Packet Page 220
Item  F. 5.

DATE 02/22/2024
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT    Motion to direct staff to proceed with a community survey to gauge support for a potential Transient Occupancy Tax (“TOT” and commonly known as the “Hotel Tax”) ballot measure SUMMARY AND RECOMMENDATION
Staff recommends that the City Council proceed with a community survey to gauge Newark voters' support for a potential ballot measure that would increase the Transient Occupancy Tax (“TOT” and commonly known as the “Hotel Tax”) rate.  The results of the survey would then be presented at a future City Council meeting and further discussion and action would be needed should City Council desire to place an item on the ballot this November for voter consideration.

BACKGROUND
During tonight’s City Council meeting, under Item F.3, City staff and a consultant will provide a presentation to City Council that provides an update on the development of the City’s first Facilities Master Plan.  The presentation will summarize information obtained from recent community engagement and present the findings of building experts who assessed and evaluated the City’s existing buildings for future maintenance needs.  The information is summarized as follows:

(1)   The City will need to spend approximately $73 million over the next 20 years to maintain and preserve existing City-owned facilities. (This amount assumes replacement of the Community Center buildings and Fire Station Numbers 27 and 29, and no maintenance of the City’s vacant buildings - Watkins Hall, Fire Station 1 and the previous library.  If the Community Center buildings and Fire Stations are not replaced, then long-term maintenance costs increase to $87 million.)
(2)   Over the next five (5) years, the City can anticipate spending approximately $20 to $25 million on improvements to existing facilities to address the current and future needs of both the City and our community. (3)   Fire Station Numbers 27 and 29 have reached their useful life span and should be replaced in the next one to three (1-3) years.  The cost of a replacement fire station is estimated to be between $15 and $19 million per station (between $30 and $38 million in total). (4)   Our community has identified needs for future building spaces for recreational amenities.  This includes, in part, an arts & crafts studio, senior lounge, and community room.  When our Facilities Master Plan consultant presented our community with two location options for these amenities, the current site of the Newark Community Center was the most favored location.  The consultant estimates that construction costs for a replacement facility would be between $32 and $56 million, depending upon the scope and magnitude of the project.

These costs are substantial, and a significant funding source(s) is needed to maintain and preserve our existing infrastructure and to address the current and future needs of our community.

DISCUSSION/ANALYSIS
There are several options to fund the maintenance and capital improvements identified in the findings related to the Packet Page 221
There are several options to fund the maintenance and capital improvements identified in the findings related to the Facilities Master Plan; however, the costs needed are so high that they cannot realistically be absorbed by the City’s operating budget, nor can they be funded solely by securing grants or paid through any current Capital Improvement Plan funding source.

Viable funding sources include: (1) use of current and future Measure GG revenue (offset by bond debts payments); and (2) a potential future revenue measure that would have to be considered and approved by Newark voters.

Measure GG Revenue
In November 2016, Newark voters approved Measure GG, a 25-year one-half cent Transactions and Use Tax (similar to a Sales and Use Tax).  While this is a general tax that can be used for any legitimate government purpose, the Council intended these funds would primarily be used to pay for the construction of the new Newark Civic Center.

In July 2019, the City Council authorized the sale of bonds to pay for the Civic Center and further directed City staff to use revenue from Measure GG to make the bond repayment obligations.  In analyzing the financial capacity of the City to pay for the approximate $90 million project (the City’s largest Capital Improvement Project in our history), conservative sales tax projections were utilized and a reasonable interest rate for bond payment was assumed.  However, sales tax is growing more aggressively than projected and the City obtained incredibly favorable interest rates at the time of bond issuance (bonds were issued at a net interest cost of 2.54%).

The difference between revenue from Measure GG and the bond repayments is currently at around $2.4 million per year. That difference, as shown in Graph 1 below, is expected to grow over time because: (1) revenue will increase as sales tax, while inherently volatile, will grow over time; and (2) expenditures will decrease because the cost of the annual payments declines over time (the bond repayments are scheduled and thus known).  That difference is anticipated to grow to over $4 million by fiscal year 2029.

Graph 1:

The estimated year-end balance as of June 30, 2024, is approximately fifteen million dollars ($15M).  As you can see in the above graph, Measure GG fund is expected to grow by approximately three to four million dollars ($3-4M) per year.

Possible Measure for Newark Voters
Use of current and future Measure GG funds in of itself would be insufficient to address all of the future maintenance needs of the City’s current buildings and the needs of our community, as identified in the Facilities Master Plan presentation (item F.3 on the agenda).

Packet Page 222
An additional funding source is needed to address increased maintenance costs over the next twenty (20) years and to fund desired costly capital improvements.

Under item F.4 on tonight’s agenda, the Council will receive a presentation from The Embarcadero Group, the City’s Hotel consultants who will report on the status of hotels in Newark and also provide an analysis of the City’s existing Transient Occupancy Tax (“TOT” and commonly known as the “Hotel Tax”).  Their report notes that the City’s TOT is currently at the rate of ten percent (10%), yet surrounding and comparable cities have a TOT Ordinance that contains a much higher rate, often at fourteen percent (14%).  Their recommendation is to consider an increase of the TOT as justified by the surrounding market and information provided.

Increasing the TOT rate from ten percent (10%) to fourteen percent (14%) would yield an estimated two and one-half million dollars ($2.5M) per year in General Fund revenue that could be used for any legitimate government purpose, including implementing portions of the Facilities Master Plan.

Graph 2, below, illustrates the expected growth of increased TOT revenue (additional TOT revenue as a result of modifying the ordinance from a 10% TOT rate to a 14% TOT rate) over time should Newark voters approve the measure.

Graph 2:

Use of Measure GG and Increased TOT Revenue
City staff preliminarily conferred with NHA Advisors, the City’s retained financial consultants.  The City would be able to spend approximately $120 million dollars in implementing the City’s Facilities Master Plan, taking into account the following:
•   Contribution of fifteen million dollars ($15M) from Measure GG Fund, which is the estimated FY 2024 year-end balance.
•   Use of future estimated Measure GG revenue to pay new debt obligations. (Staff tentatively proposes a 17-year repayment obligation, which would make it coterminous with the sunset of Measure GG in 2042). •   Use of an estimated two and one-half million dollars ($2.5M) per year in increased TOT (assuming the rate is increased from 10% to 14% by Newark voters) that could be used to pay for the new debt obligations.

There are many ways to expend these funds if the above scenario were to occur.

Under one potential option, staff estimates that the City would have sufficient funds to replace two fire stations at the cost of $38 million and replace the Community Center with a new amenity at the cost of approximately $44 million. This would leave a balance of $38 million that would need to be incorporated into the City’s operating budget over the next twenty years to address future maintenance needs.  These contributions from the City’s operating budget could be offset from savings resulting from LED streetlight conversion and implementing solar Packet Page 223
operating budget could be offset from savings resulting from LED streetlight conversion and implementing solar projects at City facilities, both of which would lower the City’s utility costs.

Another option would be to replace the two fire stations and spend $56 million for a larger amenity to replace the Community Center.  This would leave a balance of approximately $26 million to spend on maintenance costs.

Staff will continue to explore and refine funding options and carefully review the estimated maintenance costs later this year.

Additional Needs of the City
As indicated earlier, a TOT increase would be a General Fund revenue source that could be used to pay for any legitimate governmental purpose.  The City has several needs as identified in the various City master plans that are in various stages of development.  As plans are completed, they will be presented to City Council and followed by funding requests as needed.

Below is a table that illustrates the various needs of the City along with a notation showing eligible funding sources for each need. This table does not reflect actual available funding.

Any increased TOT revenue could also be applied to any of the projects listed in the above table that could be in addition to the corresponding funding sources.

It would be a policy decision for the City Council to decide whether the funds should be used to implement any of the items under the Facilities Master Plan or for any of the projects identified in the above plans.  In addition, any excess funds (similar to the existing excess funds in the Measure GG fund) could be used to implement any projects in the above plans as well.

FISCAL IMPACT
The approximate cost of a community survey consultant contract is $35,000, within the City Manager's signing Packet Page 224
The approximate cost of a community survey consultant contract is $35,000, within the City Manager's signing authority.  Should City Council direct staff to begin surveying, then an appropriate funding amount would be included in the mid-year budget update which is expected to be provided to City Council next month.

REVIEW AND APPROVAL
Prepared by - David Benoun, City Manager; Lenka Hovorka, Assistant City Manager; Krysten Lee, Finance Director; Roya Gonzalez, Senior Management Analyst
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation
Packet Page 225
Considerations for a
Community Survey
February 22, 2024
Packet Page 226
Estimated Facilities Costs Overview
• Citywide Facility Maintenance
• $73 million over 20 years
• Citywide Facility Improvements
• $25 million over 5 years
• Fire Station 27 and 29 Replacements
• $34 million
• Community Center Replacement
• $44 million (Option B) or $56 million (Option C)
Packet Page 227
Measure GG Fund
Packet Page 228
Potential Increased TOT Revenue
Packet Page 229
Replacement Facilities Funding examples
Example 1: Est. Funding through 2042
• Community Center Option B $44m
• Fire Stations 27 and 29 $38m
• Existing Facilities Maintenance* $38m
Example 2: Est. Funding through 2042
• Community Center Option C $56m
• Fire Stations 27 and 29 $38m
• Existing Facilities Maintenance* $26m
*Excluding buildings currently not in use
Packet Page 230
Staff Recommendation
Staff recommends that the City Council provide
direction to staff to proceed with a community survey
to gauge support for a potential Transient Occupancy
Tax (“TOT” and commonly known as the Hotel Tax”)
ballot measure.

Packet Page 231
Item  F. 2.

DATE 05/23/2024
TO Honorable Mayor and City Council Members
FROM Soren Fajeau, Public Works Director
SUBJECT    Adopt resolutions approving the 2024-2026 Capital Improvement Plan project lists with funding recommendations; and provide feedback on the draft 2024-2026 Capital Improvement Plan budget document
SUMMARY AND RECOMMENDATION
Since the Capital Improvement Plan (CIP) Overview was presented to the City Council in January 2024, staff has completed an evaluation and ranking of all projects submitted for consideration and available fund balance estimates have been revised based on updated revenue projections.  Staff will present to the City Council its 2024-2026 CIP project funding recommendations and a draft of the 2024-2026 Capital Improvement Plan budget document that includes an overview of the project selection process, summary of financing sources and funded projects, revenue estimates, future funding needs and project descriptions.

Staff recommends that the City Council adopt resolutions approving the 2024-2026 Capital Improvement Plan project funding recommendations. There is a need for multiple approvals to account for City Council real property interests (see attached Resolutions 1 - 7, Exhibit 7A).  These decisions would be final. The entirety of the final 2024-2026 Capital Improvement Plan budget document will be developed based on City Council and public feedback on tonight's Draft 2024-2026 Capital Improvement Plan budget document (see attached) and brought forth for final adoption with the Biennial Budget in June.

BACKGROUND
As part of the 2024-2026 Biennial Budget and Capital Improvement Plan (CIP) preparation, the Public Works Department is coordinating the development of the CIP budget component. The general purpose of the CIP component of each biennial budget is to identify and prioritize capital improvement projects for potential funding.  Projects can include street, park, and building construction as well as specific maintenance projects for existing infrastructure.  Feasibility studies and master plans to help identify and quantify future projects are also typically included in the CIP, along with new equipment purchases greater than $10,000.

Packet Page 232
The CIP development process commenced in November 2023 with a call for projects to all City departments and members of the City Council.  An overview of the CIP process, a summary of the majority of the projects submitted for consideration, prioritization criteria for project selection, and available funding sources were presented to the City Council as an informational item in January 2024. Since then, staff has completed a detailed evaluation and ranking of all projects submitted for the City Council’s consideration.  The following describes the overall process for selecting project funding recommendations.

Critical Issues.

Projects submitted for consideration must satisfy at least one of the following five critical issues identified in the City’s Strategic Plan:

Public Safety Services - Provide a level of public safety services that will protect our community members, property, and community assets.

Education - Support, encourage and offer opportunities and programs that facilitate quality community education.

Quality of Life - Provide programs, services, and facilities that make Newark a desirable and healthy place to live.

Community Development – Make development decisions that maintain a vibrant, balanced, quality community.

City Government Operations – Operate a City government that enables the organization to meet the service demands of the community.

Priority Levels.

Projects were then categorized into three priority levels:

Priority Level 1 (Mandatory): Projects that meet a federal, state, or local legal or regulatory requirement, satisfy a critical risk management issue to ensure public safety, or serve to preserve and protect the City’s existing assets and public infrastructure.

Priority Level 2 (Necessary): Projects that are considered necessary but not mandatory as they would not clearly address a critical legal, safety, or asset-protection need.

Projects at this level could be funded by a consensus priority opinion of the City Council for the benefit of the community.  This can also include projects that would provide a local match for outside funding sources, provide a definitive service level increase, or would complete the final phase of a multi-phased project.  Feasibility studies and master plans are also typically categorized as Priority Level 2.

Priority Level 3 (Desirable): All other projects that do not satisfy Level 1 or Level 2 criteria.

Immediate Need.

In addition to these primary Priority Levels, projects were also evaluated based on the Packet Page 233
extent of the immediate need to help finalize recommendations for funding.  For example, there could be projects that are needed to preserve an existing asset and are listed as Priority Level 1, but the need may be three to five years into the future rather than immediate.   Within the context of the identified Priority Levels, projects were evaluated for immediate need based on the following criteria:

Repair or replacement of assets that have reached the end of their useful life and either compromise public safety or experience a high level of public use Repair or replacement of assets that would otherwise prevent more expensive repair or replacement in the future
Projects for which the design has been previously funded and will be ready for construction during the upcoming biennial budget cycle
Projects which are partially funded by outside grant funds and will be ready for construction during the upcoming biennial budget cycle
Maintenance Impact.

Staffing constraints and maintenance impacts are also an important consideration in the selection of projects.  Regardless of funding availability, there is a limit to the number of projects which can be designed and/or constructed in a single year due to staffing constraints in the Engineering and Maintenance Divisions of the Public Works Department.  Projects must be evaluated based on the resulting long-term maintenance needs following completion.

Project Funding.

The availability of funding is the final major factor in establishing project funding recommendations. The City has the following major sources of funding for capital improvement projects:

Gas Taxes.  Gas Taxes is a broad category of funding that primarily consists of ongoing direct local distribution of funds through the State of California Highway Users Tax Account, the State Road Maintenance Rehabilitation Account, Measure BB Transportation Sales Tax, and Vehicle Registration funds through the Alameda County Transportation Commission.  The City typically utilizes these funds for ongoing street maintenance programs that include pavement resurfacing; curb, gutter and sidewalk replacement; street tree maintenance; traffic calming measures; and other street maintenance needs.  The City currently receives approximately $4.3 million per year through these sources.

Capital Funds.  Capital Funds can be utilized for any type of project and are typically generated through budget surpluses and transfers from the General Fund or other major fund sources.

Community Development Maintenance Fund.  This fund is a resource for conducting feasibility studies, master plans, or other projects that directly support the City’s General Plan.

Park Impact Fees.  Park Impact Fees can be utilized to acquire new park land and to complete improvement projects at existing parks.

Packet Page 234
Development Impact Fees.  This category of funding includes Public Safety Impact Fees, Community Service Impact Fees, and Traffic Impact Fees.  These funds can be utilized when a project-specific nexus has been identified for the respective impact fee category.

Outside Transportation and Other Grant Funding.  Staff is regularly pursuing opportunities for discretionary funding from various federal, state and regional resources for transportation, parks and other types of projects.  Outside grant funding for larger projects is essential for preserving local funds in each of the categories above.

Master Plans In Progress.

The City currently has several master plan studies underway, which, upon completion, will each include extensive recommendations for future project funding needs.  These master plans include the following:

Active Transportation Plan (an update to the Pedestrian and Bicycle Master Plan) Broadband Master Plan
Citywide Parks Master Plan update
Climate Action Plan update
Comprehensive Emergency Management Plan update
Facilities Master Plan
Local Hazard Mitigation Plan
Public Art Master Plan update
Sea Level Rise Assessment and Adaptation Plan
Technology Master Plan
Urban Forest Master Plan
All of these plans are either planned or currently in progress and many are scheduled for completion later this calendar year.  As these plans are finalized, the Capital Improvement Plan should be revisited to assess funding priorities.

Current Backlog of Projects.

There is a significant backlog of funded projects that are not yet completed.  While most of these projects are underway and being actively worked on by staff, many projects are still in the planning stage.  There is a need for additional project management support for building maintenance projects and parks projects as well as design services.  Staff is currently working to obtain additional contractual support services in these areas to deliver these projects and staff will provide funding recommendations for these services during the meeting.

DISCUSSION/ANALYSIS
Staff will provide an overview of its CIP project funding recommendations based on updated fund balance projections. CIP projects have been separated into different categories based on the nature of the projects and recommended funding source.

However, this does not preclude other revenue sources from potentially being used to fund projects included in the CIP.

Gas Tax funded projects. Based on updated revenue projections, the anticipated Gas Packet Page 235
Tax revenue for the 2024-2026 Biennial Budget cycle is approximately $8.75 million, which reflects a decrease of 6% from the $9.3 million projected during the CIP General Overview presentation to the City Council in January 2024. However, after the reconciliation of completed projects and identifying projects previously approved in the CIP that are no longer required, staff has identified approximately $4.65 million of additional available Gas Tax funds, bringing the available Gas Tax fund balance to approximately $13.4 million for the next two-year period.

In addition, the Alameda County Transportation Commission (ACTC) recently informed staff that the Metropolitan Transportation Commission (MTC) will recommend awarding $15 million of Regional Measure 3 (RM3) funds to the City of Newark for use towards the construction of projects within the Dumbarton corridor, which includes several of the projects that are currently included in the CIP as unfunded projects or were submitted for funding consideration with the 2024-2026 CIP. This formal action is anticipated to take place in June 2024.  The projects anticipated to receive this funding are listed in the table below for Transportation and Other Grant Funds projects.

This table also lists the federal funding for several projects, including One Bay Area Grant Program Cycle 3 (OBAG-3) funds in the amount of  $5.14 million for the Old Town PDA Streetscape Improvements, the Federal Lands Access Program (FLAP) grant in the amount of $8.9 million for the Thornton Avenue Complete Streets  project, and $3.0 million in Community Project Funding as earmarked by Congressman Ro Khanna and Senator Alex Padilla for the Thornton Avenue Pavement Rehabilitation projects, Phases 1 and 2.  State earmark funding provided through State Assemblymember Alex Lee is also shown in the amount of $3.0 million total for the Old Town PDA Streetscape Improvements and Quiet Zones Implementation.

Descriptions for the projects listed in the Transportation and Other Grant Funds table below can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed.

This additional regional funding would allow the City to minimize the use of Gas Tax funds as matching requirements for larger projects and therefore create more opportunities for the completion of pavement maintenance on local streets and other local standalone projects.

Staff is recommending $9.8 million for the City’s street pavement maintenance, Packet Page 236
concrete repair, street tree maintenance, and other ongoing citywide street maintenance programs that are funded with outside gas tax resources.  This includes a recommended increase in the City’s annual pavement maintenance program from approximately $2.5 million per year to $4.0 million per year.   The remaining $900,000 is for ongoing citywide work as needed for:
•    Curb, Gutter and Sidewalk Replacement
•    Street Tree Maintenance
•    Traffic Calming Measures
•    Citywide Accessible Pedestrian Ramps
•    Thermoplastic Street Striping
Newark’s current overall Pavement Condition Index (PCI) is 72 on a scale of 0-100.

This reflects a one-point drop from a PCI of 73 in 2022.  The latest Citywide Pavement Management Report estimates that at the current annual funding level of $2.5 million per year, the City’s overall PCI will drop to 69 in five years.  The Report further estimates that an estimated annual pavement maintenance budget of $4.0 million will be required over the next 5 years to maintain the City’s overall PCI at its current level of 72 and approximately $5.5 million per year over the next five years to return the City’s overall PCI to a desired level of 75.

With the Old Town PDA Streetscape Improvements and Thornton Avenue Pavement Rehabilitation (Phases 1 and 2) projects taking place over the next few years, Newark can expect an additional overall increase to the Citywide PCI of approximately two points.  Again, these projects are being funded with outside federal, state and regional grants which allow for increased expenditures of Gas Tax revenue on local streets.

In addition to annual street maintenance projects, staff is recommending $1.2 million to fund the construction of standalone street improvement projects which were previously funded through the initial design phase only.  These projects include additional funding for the Cherry Street and Mowry Avenue Median Modifications, and the Pedestrian Hybrid Beacon Installations on Newark Boulevard (at Brittany Avenue/Ruschin Drive) and on Cedar Boulevard (at Milani Avenue).

Descriptions for the projects listed in the Gas Tax Funds table below can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed. The total list of projects recommended for Gas Tax funding is as follows:

Packet Page 237
The recommended list of gas tax-funded projects totals $11,000,000. With the total Gas Tax Fund Balance of $13,450,000, this would leave a Gas Tax fund balance of $2,450,000 at the end of the 2024-2026 budget cycle.  Staff recommends reserving this remaining fund balance for unanticipated expenses, matching funds for additional outside funding resources, or for other potentially important Gas Tax projects that may emerge.

Descriptions for Gas Tax projects not recommended for funding listed in the Gas Tax Funds table below can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed. The following gas tax-funded projects submitted for consideration are not recommended for additional or full funding at this time:
*Shortfall amount only.  Further discussion on Quiet Zones Implementation is below along with explanation of other possible funding sources to address the shortfall amount.

Staff recommends deferring design development and construction of sidewalk and median landscape improvements on Central Avenue until the construction of the Central Avenue Railroad Overpass project is well underway.  This area will be congested with detoured traffic during the construction phase of the overpass project and additional projects under construction simultaneously should be limited. In addition, funding for the implementation of the complete Traffic Signal Interconnect project should be deferred until a full assessment of the equipment needs and adaptive traffic control systems scope has been identified along with sufficient coordination with the Packet Page 238
Broadband Master Plan findings and infrastructure recommendations.

A Railroad Quiet Zones Study was previously completed and confirmed that implementation of Quiet Zones at all City at-grade railroad crossings is feasible.  Staff is continuing to pursue additional sources of funding to fully fund a Quiet Zones Implementation project while the complete design for all crossings is underway.  It is possible that the Quiet Zones Implementation project could be completed in phases if only partial funding is available. The total cost of the project is currently estimated at $8.0 million. With the pending RM3 funding, $4.0 million is anticipated to be secured, leaving a $4.0 million shortfall. Upon completion of the detailed design, the cost estimate may be able to be reduced. The project could be separated into two implementation phases depending on available funding at the time the design has been completed.

The Lindsay Tract Street and Storm Drainage Improvements project is currently on hold and remains in the Capital Improvement Plan as a partially funded project in the amount of $2.7 million.  Staff recommends retaining the project at this amount until a future re-evaluation of the scope and cost associated with the related Area Improvement District (AID) can be completed and further analyzing what improvements can potentially be completed without reinitiating the AID.

Capital Fund projects.   After final reconciliation of the Newark Civic Center project and the identification of projects previously approved in the CIP that are now completed or are no longer required, the estimated available Capital Fund balance for the 2024-2026 Biennial Budget is $5.25 million. Staff recommends funding projects totaling approximately $4.4 million, which would leave a remaining unallocated fund balance of approximately $850,000.  Staff recommends that this balance be maintained for contractual services for project management support to deliver the backlog of building maintenance and landscape projects. The new project submissions recommended for funding utilizing Capital Funds are as follows (project descriptions for individual projects can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed):

Packet Page 239
In addition, staff recommends funding the following previously unfunded Capital Fund projects that departments resubmitted for consideration (project descriptions for individual projects can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed):

The recommended Capital Fund project total is $4,396,000 in estimated costs for the two-year cycle.

The following new submitted projects and projects previously unfunded and re-submitted for consideration during this two-year cycle are not recommended for funding at this time (project descriptions for individual projects can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed):

Packet Page 240
Community Development Maintenance Fund projects. Community Development Maintenance Funds may be used to pay for feasibility studies or master plans.  The estimated fund balance for Community Development Maintenance Funds beginning July 1, 2024 is approximately $3.7 million.

The following studies are recommended for funding with Community Development Maintenance Funds (project descriptions for individual projects can be found in the attached Draft 2024-2026 Capital Improvement Plan budget document on the page numbers listed):

The proposed projects totaling $2.2 million would leave $1.5 million remaining in the Community Development Maintenance Fee Fund.

Park Impact Fee projects. The current unappropriated fund balance is approximately $5.8 million. There are no additional park projects recommended for funding at this time. Staff recommends that the City Council receive and consider the findings associated with the Citywide Parks Master Plan Update prior to making any decisions on funding future projects. This study is anticipated to be completed in the fall of 2024.

Segmentation.

As a number of Councilmembers have real property interests within proximity of various CIP projects for consideration, those particular projects will be segmented and considered first without participation by the Councilmembers that have the real property interest with a final decision made by the remaining Councilmembers.  Staff has randomly selected the order in which those projects will be considered first.  Once Packet Page 241
consideration and final approval of those items has concluded, the full City Council will consider the balance of the CIP projects and will not reopen discussion of the previously approved items.

After approval of all project lists, staff will solicit feedback on the Draft 2024-2026 Capital Improvement Plan that includes an overview of the project selection process, summary of financing sources and funded projects, revenue estimates, future funding needs and project descriptions. A final 2024-2026 Capital Improvement Plan will be developed and included in the 2024-2026 Biennial Budget for City Council approval in June.

FISCAL IMPACT
There is no direct fiscal impact related to approving the CIP project funding recommendations lists, which show allocations of funds already received or funds the City anticipates to receive.  All approved projects and funding allocations will be incorporated into the final 2024-2026 Capital Improvement Plan for City Council consideration with approval of the 2024-2026 Biennial Budget in June.

REVIEW AND APPROVAL
Prepared by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
2024-2026 Capital Improvement Plan presentation
Resolution 1 - CIP Project List A
Resolution 2 - CIP Project List B
Resolution 3 - CIP Project List C
Resolution 4 - CIP Project List D
Resolution 5 - CIP Project List E
Resolution 6 - CIP Project List F
Resolution 7 - Remaining CIP Projects
Resolution 7 Exhibit A - Remaining CIP Projects lists
Draft 2024-2026 Capital Improvement Plan budget document Packet Page 242
City Council: May 23, 2024
2024-2026
Capital Improvement Plan
Project Funding Recommendations
1 Packet Page 243
2 CIP Funding Summary
1 CIP Schedule for Adoption
3 CIP Projects Recommended for Funding
Agenda
2024-2026 Capital Improvement Plan
4 Next Steps
2 Packet Page 244
Capital
Improvement PlanPROCESS OVERVIEW

1. Call for Projects 2. Staff Evaluation of Projects Submitted 3. City Council Overview of Submitted Projects (January) 4. Staff Review/Ranking of Projects (March)5. City Council Review of Draft CIP and Approval of CIP Project Lists

6. CIP Review with Planning Commission (May 28th)

7. Recommended City Council Adoption of CIP with the
Biennial Budget (expected June 13th)
CIP Schedule for Approval and Adoption
3 Packet Page 245
CIP Project Funding
FUNDING SOURCES FOR THE 2024-2026 CIP
Gas Tax Funds
$8.75M
for two-year
period
Capital Funds
$5.25M
Projected
Balance
Impact Fees
Park Impact
Fees
$5.8M
Other
Development
Impact Fees
$15.3M
Outside Funding
Community
Development
Maintenance Fund
$3.7M
Current Balance
Transportation
and
Other Grant
Funds
$35M
4 Packet Page 246
ƒ Highway Users Tax Account (HUTA)
ƒ Road Maintenance Rehabilitation Account/
Senate Bill 1 (RMRA/SB1)
¾ $2.6M per year
Gas Tax FundsFUND SOURCES
VRF
Vehicle
Registration
Fees
R
Measure
BB
HUTA
RMRA
SB1
ƒ Measure BB Direct Distributions¾ $1.5M per year
ƒ Vehicle Registration Fee (VRF) Direct
Distributions
¾ $220,000 per year
Total $4.3M per year
F
U
N
D
Gas Tax
5 Major Funding Sources for the Capital Improvement Plan Packet Page 247
Budget
Surpluses
From
Completed
Projects
Potential
Use of
Unallocated
Funds
Capital Funds
6 Major Funding Sources for the Capital Improvement Plan $5.25M Available Balance
Packet Page 248
Community Development Maintenance Fund
Community Development Maintenance Funds¾ Feasibility Studies or Master Plans¾ Maintaining or Updating General Plan $3.7M Available Balance
7 Major Funding Sources for the Capital Improvement Plan Packet Page 249
Park Impact Fees; Development Impact Fees
Park Impact Fees (Currently $5.8M)¾ Fund new parks projects ¾ Citywide Parks Master Plan Recommendations 8 Development Impact Fees (Currently $15.3M)¾ Traffic Impact Fees¾ Public Safety Impact Fees¾ Community Service Impact Fees¾ Facilities Master Plan Recommendations Packet Page 250
ƒ Federal Earmarks, Congressman
Khanna and Senator Padilla; $3.0M
ƒ Federal Grants, FLAP $8.9M; OBAG3
$5.14M; ARPA $250,000;
ƒ State Earmarks, Assemblymember
Alex Lee; $5.8M
ƒ State Grants, $173,000ƒ Regional Measure 3; $15Mƒ Local Transportation Sales Tax Discretionary Grants
Gas Tax FundsFUND SOURCES
State
Earmarks
Local
Sales
Tax
F
U
N
D
Oustide Funding
9 Major Transportation and Other Grant Projects
Regional
Measure
3 E
State
Grants
Federal
Earmarks
R
M
Federal
Grants
Packet Page 251
Project Lists
2024-2026Capital Improvement Plan
Packet Page 252
2024-2026
Capital Improvement PlanProject List ‘A’¾ Lindsay Tract Street & Storm Drainage Improvements¾ Citywide Information Kiosks, Phase 1 – Old Town 11 Packet Page 253
Lindsay Tract Street &
Drainage Improvements
¾ Partially funded: $2.7M ¾ Currently on hold
Citywide Information Kiosks, Phase 1 Old Town
¾ $75,000 Estimated Cost
¾ Priority Level 3¾ CIP Unfunded List
Lindsay Tract Street & Drainage ImprovementsCitywide Information Kiosks, Phase 1 Historic Newark 12 Packet Page 254
2024-2026 Capital Improvement Plan
Project List ‘A’ Recommendations
Lindsay Tract Street & Drainage Improvements¾ Remain in CIP as a partially funded project ¾ No additional funding at this time while on hold
Citywide Information Kiosks, Phase 1 Old Town¾ Include in CIP as an unfunded project ¾ $75,000 estimated cost
13 Packet Page 255
2024-2026
Capital Improvement Plan
Project List ‘B’
¾ Cedar Boulevard Linear Park Areas 1, 3 and 4¾ Cedar Boulevard Linear Park Area 2 14 Packet Page 256
Cedar Blvd Linear Park – Areas 1, 3 and 4
¾Priority Level 3¾$3,200,000 estimated cost, unfunded
Cedar Blvd Linear Park – Area 2
¾Priority Level 3¾Currently funded for $850,000 estimated cost
¾Cost may increase with full design and
community outreach
$5.8 M Current Park Impact Fee Balance
Cedar Boulevard Linear Park
15 Packet Page 257
2024-2026 Capital Improvement Plan
Project List ‘B’ Recommendations
Cedar Boulevard Linear Park Area 2¾ Maintain in CIP as funded project ¾ Cost estimate $850,000¾ Cost may increase with final design Cedar Boulevard Linear Park Areas 1, 3 and 4¾ Maintain in CIP as unfunded project 16 Packet Page 258
2024-2026
Capital Improvement PlanProject List ‘C’¾ Old Town PDA Streetscape Improvements (Construction)¾ Old Town PDA Streetscape Improvements (Design) 17 Packet Page 259
Design Phase
¾Final design underway¾Funded for $1.0M
Construction Phase
¾ Construction start in 2025¾ $12.0M estimated cost¾ $5.14M OBAG 3 (Federal funds)¾ $1.0M State Earmark (Assemblymember Lee)¾ $5.9M Regional Measure 3 (pending) Old Town PDA Streetscape Improvements
18 Packet Page 260
2024-2026 Capital Improvement Plan
Project List ‘C’ Recommendations
Old Town PDA Streetscape Improvements (Design)¾ Maintain in CIP as funded project, $1.0MOld Town PDA Streetscape Improvements (Construction)¾ Add to CIP as a partially funded project, $12.0M in cost ¾ Pending final action on Regional Measure 3 by MTC
19 Packet Page 261
2024-2026
Capital Improvement PlanProject List ‘D’¾ Thornton Avenue Pavement Rehabilitation, Phase 1 I-880 or Olive Street 20 Packet Page 262
Design Phase
¾Final design underway
Construction Phase
¾ Construction start in 2026¾ $3.5M estimated cost¾ $2.0M Federal funds (Rep. Khanna; Sen. Padilla)¾ $1.5M Regional Measure 3 (pending) Thornton Avenue Pavement Rehabilitation, Phase 1 - I-880 to Olive Street
21 Packet Page 263
2024-2026 Capital Improvement Plan
Project List ‘D’ Recommendations
Thornton Avenue Pavement Rehabilitation, Phase 1 - I-880 to Olive Street ¾ Add to CIP as a partially funded project for $3.5M ¾ Pending final action on Regional Measure 3 by MTC
22 Packet Page 264
2024-2026
Capital Improvement PlanProject List ‘E’¾ Quiet Zones Implementation¾ Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash Street to Spruce Street¾ Thornton Avenue Streetscape Improvements (Elm Street to Willow Street)
23 Packet Page 265
Quiet Zones Implementation
¾ Railroad Quiet Zones Study completed¾ Design currently underway; Up to $8.0M¾ Partially funded with $2.0M State Earmark (Assemblymember Lee)¾ Regional Measure 3 pending, $2.0M Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash Street to Spruce Street ¾ Recently partially funded - $1.0M in Federal
funding (Rep. Khanna and Sen. Padilla)
¾ Regional Measure 3 pending, $500,000
Quiet Zones Implementation
Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash St.to Spruce St. 24 Packet Page 266
Thornton Ave Streetscape (Elm St to Willow St)
¾ Unfunded List; Priority Level 3¾Median placement and landscaping¾ $1,200,000 Estimated Cost Thornton AvenueStreetscape (Elm St to Willow St)
25 Packet Page 267
2024-2026 Capital Improvement Plan
Project List ‘E’ Recommendations
Quiet Zones Implementation¾ Add to CIP as partially funded project, estimated at $8.0MThornton Avenue Pavement Rehabilitation – Phase 2¾ Add to CIP as partially funded project, estimated at $1.5MThornton Ave Streetscape Improvements (Elm St to Willow St)¾ Maintain in CIP as unfunded project 26 Packet Page 268
2024-2026
Capital Improvement PlanProject List ‘F’¾ Traffic Signal Interconnect (Preliminary Design)¾ Traffic Signal Interconnect ( Implementation) 27 Packet Page 269
Traffic Signal Interconnect
¾ Includes three corridors:ƒ Cherry Street (Thornton Ave. to Stevenson Blvd.)ƒ Newark Boulevard (SR-84 to Civic Terrace Ave.)ƒ Thornton Avenue (Cedar Blvd. to Sycamore Ave.)¾ Preliminary design funded and underway¾Implementation phase estimate: $7.5M¾Implementation phase on hold pending full scope analysis with preliminary design, available funding, and coordination with Broadband Master Plan effort Traffic Signal Interconnect
28 Packet Page 270
2024-2026 Capital Improvement Plan
Project List ‘F’ Recommendations
Traffic Signal Interconnect (Preliminary Design) ¾ Maintain in CIP as a funded project for $475,000Traffic Signal Interconnect (Implementation)¾ Add to CIP as an unfunded project estimated at $7.5M 29 Packet Page 271
Project Lists
By Funding Source
2024-2026Capital Improvement Plan
Packet Page 272
Projected $8.75 M of Gas Tax Revenue
10 Projects Recommended for Funding
¾ 6 - Annual Street Maintenance Projects¾ 2 - Standalone Street Improvement Projects¾ $11.0 M Total Estimated Costs¾Focus on Pavement Condition Index 3 Projects Not Recommended for Funding
Gas Tax ProjectsRECOMMENDED FOR FUNDING
31 Packet Page 273
Project Funding Recommendations
Gas Tax
Annual Street Maintenance Projects Priority Level FY 2024-25 FY 2025-26 Street Asphalt Concrete Overlay Program 1 $ 4,000,000 $ 4,000,000Curb, Gutter and Sidewalk Replacement 1 $ 400,000 $ 400,000Street Tree Maintenance 1 $ 300,000 $ 300,000Traffic Calming Measures 3 $ 100,000 $ 100,000Citywide Accessible Pedestrian Ramps 1 $ 75,000 $ 75,000Thermoplastic Street Striping 1 $ 25,000 $ 25,000 TOTALS $ 4,900,000 $ 4,900,000 32
Packet Page 274
33 Project Funding Recommendations
Gas Tax
Standalone
Street Improvement Projects
Priority
Level FY 2024-25 FY 2025-26
Cherry Street and Mowry Avenue Median Turn Pocket Modifications (Construction) 3 $ 400,000 $ 0Pedestrian Hybrid Beacon Installation – Newark Blvd. and Cedar Blvd. 1 $ 800,000 $ 0 TOTALS $1,200,000 $ 0
Packet Page 275
Projects Not Recommended for Funding
Gas Tax
Projects Not Recommended for Funding Priority Level Estimated Cost Central Ave Median andSidewalk Improvements (Design) 3 $ 250,000Central Ave Median andSidewalk Improvements (Construction) 3 $ 1,200,000Other Projects $ 11,500,000 TOTAL $ 12,950,000
34 Packet Page 276
Gas Tax

PROJECTS RECOMMENDED FOR FUNDING
Summary FY 2024-25 FY 2025-26
Street Maintenance Projects $ 4,900,000 $ 4,900,000
Street Improvement Projects $ 1,200,000 $ 0
FY Subtotals $ 6,100,000 $ 4,900,000
TOTAL $11,000,000
Total Projected Gas Tax Funds
$ 13,400,000
35 Packet Page 277
Anticipated $5.25 M Capital Fund Balance
26 Projects Recommended for Funding
¾ 8 - Maintenance Projects
¾ 6 – New Vehicle Purchases¾ 8 – Operations Projects¾ 4 – Previously Unfunded Projects¾ $4.40 M Total Estimated Costs 12 Total Submitted Projects Not Recommended
for Funding
Capital FundProjectsRECOMMENDED FOR FUNDING
36 Packet Page 278
Recommended Capital Fund Projects

MAINTENANCE PROJECTS
Priority Level Estimated Cost
Senior Center Repainting
1 $ 100,000
Silliman Center Door Closers - Replacement
1 $ 100,000
Silliman Center Gym & Dance Floor Refinishing
1 $ 130,000
Silliman Center Locker Room Flooring Replacement
1 $ 150,000
Silliman Center Partial Roof and Skylight Replacement
1 $ 250,000
Silliman Center Shower Tile Replacement
1 $ 100,000
Silliman Center Water Slide Replacement
1 $ 350,000
Softball Fields Retrofit – Scoreboard and Bleachers at
Mel Nunes Sportsfield Park and Birch Grove Park
3 $ 150,000
TOTAL $ 1,330,000
37 Packet Page 279
38 Priority Level Estimated Cost
Community Preservation Vehicle 3 $ 50,000Information Technology Vehicle 3 $ 80,000Police Department Patrol Vehicles (2) 2 $ 200,000Police Department Unmarked Vehicles (2) 2 $ 135,000Public Works Maintenance Street Sweeper 2 $ 500,000Public Works Maintenance Supervisor Vehicles (2) 2 $ 160,000 TOTAL $ 1,125,000
Recommended Capital Fund Projects

NEW VEHICLES AND EQUIPMENT
Packet Page 280
39 Priority
Level
Estimated
Cost
Emergency Breaching Tools and Training 2 $ 46,000Firearms Training System 3 $ 20,000Fire Station Nos. 27 and 29 Fencing 3 $ 500,000Mel Nunes Sportsfield Park Storage Unit 3 $ 60,000Senior Center Driveway Relocation 3 $ 60,000Service Center Vacuum Truck Shelter 1 $ 100,000Vehicle Pursuit Intervention Devices 3 $ 45,000Virtual Reality Police Tactics Training System 3 $ 100,000 TOTAL $ 931,000
Recommended Capital Fund Projects

OPERATIONS
Packet Page 281
40 Recommended Capital Fund Projects
Previously Requested Unfunded Projects Priority Level Estimated Cost Public Works Maintenance Water Tank Spray Truck 2 $ 250,000Second Chance Shelter Repairs 3 $ 100,000Silliman Center Pool Sanitation System Retrofit 3 $ 260,000Storage Facility at Service Center 3 $ 400,000 TOTAL $ 1,010,000
Packet Page 282
41 Capital Fund Projects
Not Recommended for Funding
New Projects Not Recommended for Funding Priority Level Estimated Cost Public Works Maintenance Mini Excavator 2 $ 120,000Public Works Maintenance Robotic Mower 2 $ 25,000Second Chance Roof - Replacement 3 $ 120,000Simulated Impaired Driving Experience 3 $ 50,000Other Projects 3 $ 75,000 TOTAL $ 390,000
Packet Page 283
42 Capital Fund Projects
Not Recommended for Funding
Previously Unfunded Projects Still
Not Recommended for Funding Priority Level Estimated Cost Articulated Aerial Lift Truck 3 $ 300,000Arterial Landscape Median Upgrades 3 $ 600,000Citywide Bus Shelters 3 $ 2,400,000 Birch Grove Park Tennis Court Area Re-landscaping 3 $ 200,000 Senior Center HVAC Replacement 3 $ 50,000Silliman Center Energy Conservation Measures 2 $ 200,000Silliman Center Pool Deck Replacement 3 $ 300,000 TOTAL $ 4,050,000
Packet Page 284
Capital Fund

PROJECTS RECOMMENDED FOR FUNDING
Summary Estimated Cost
Maintenance $ 1,330,000New Vehicles $ 1,125,000Operations $ 931,000Previously Unfunded $ 1,010,000 TOTAL $ 4,396,000
Projected Capital Fund Balance
$ 5,250,000
43 Packet Page 285
May be used for Feasibility Studies or
Master Plans related to maintaining or updating General Plan or Zoning Ordinance$3.7 M Current Balance6 Projects Recommended for Funding ¾ $2,200,000 Total Estimated Costs
CommunityDevelopment Maintenance FundPROJECTS RECOMMENDED FOR FUNDING 44 Packet Page 286
Community Development Maintenance Fund
Projects Recommended for Funding Priority Level Estimated Cost ADA Transition Plan Update 1 $ 250,000Four Corners Area Plan 2 $ 350,000Housing Programs – Implementation of Adopted Housing Element 2 $ 450,000NewPark Place Specific Plan Enhancement and Expansion 2 $ 300,000Rental Housing Inspection Program Assessment 2 $ 150,000Title 17 (Zoning) Housing-related Assessment and Update 1 $ 400,000Urban Forest Master Plan 2 $ 300,000 TOTAL $ 2,200,000
45 Packet Page 287
$5.8 M Current Park Impact Fee Balance
No additional projects recommended for funding at this time, pending final results of the Citywide Parks Master Plan update Park Impact Fee Projects
46 Packet Page 288
Review of Capital Improvement Plan with
the Planning Commission for General Plan Conformity (May 28th)Recommended City Council Adoption with Biennial Budget (June 13th) Capital Improvement PlanNEXT STEPS
47 Packet Page 289
2024-2026 Capital Improvement Plan
Recommendation
1) Approve the remaining 2024-2026 Capital Improvement
Plan Project Lists in Resolution 7, Exhibit A, including:
• New and Previously Unfunded Projects Recommended for
Funding
• Unfunded Projects• Funded But Not Yet Completed Projects 2) Provide feedback on the DRAFT 2024-2026 Capital Improvement Plan budget document 48 Packet Page 290
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING PROJECT LIST ‘A’ IN THE CAPITAL

IMPROVEMENT PLAN FOR THE CITY OF NEWARK FOR
FISCAL YEARS 2025 AND 2026 FOR FINAL ADOPTION WITH

THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Project List ‘A,’ as presented below; and
Project List ‘A’
Lindsay Tract Street and Storm Drainage Improvements
Citywide Information Kiosks, Phase 1 – Old Town
WHEREAS, the Lindsay Tract Street and Storm Drain Improvements project is currently included in the Capital Improvement Plan with an approved funded amount of $2,700,000; and WHEREAS, the City Council has determined that the Lindsay Tract Street and Storm Drain Improvements project should remain in the Capital Improvement Plan as a partially funded project; and
WHEREAS, the City Council desires to include Citywide Information Kiosks, Phase 1 – Old Town in the Capital Improvement Plan as an unfunded project; and WHEREAS, the City Council desires to make a final decision to include the Lindsay Tract Street and Storm Drain Improvements in the Capital Improvement Plan as a partially funded project that has not been completed for final adoption with the Biennial Budget; and WHEREAS, the City Council desires to make a final decision to include Citywide Information Kiosks, Phase 1 – Old Town in the Capital Improvement Plan as an unfunded project for final adoption with the Biennial Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of the Lindsay Tract Street and Storm Drain Improvements in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a partially funded project that had been previously funded but has not yet been completed.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Citywide Information Kiosks, Phase 1 – Old Town in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as an unfunded project.

Packet Page 291
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING PROJECT LIST ‘B’ IN THE CAPITAL

IMPROVEMENT PLAN FOR THE CITY OF NEWARK FOR
FISCAL YEARS 2025 AND 2026 FOR FINAL ADOPTION WITH

THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Project List ‘B,’ as presented below; and
Project List ‘B’
Cedar Boulevard Linear Park Areas 1, 3 and 4
Cedar Boulevard Linear Park Area 2
WHEREAS, the City Council has determined that Cedar Boulevard Linear Park Areas 1, 3 and 4 should remain in the Capital Improvement Plan as an unfunded project; and WHEREAS, the City Council has determined that the Cedar Boulevard Linear Park Area 2 project should remain in the Capital Improvement Plan as a project that had been previously funded but has not yet been completed; and
WHEREAS, the City Council desires to make a final decision to include Cedar Boulevard Linear Park Areas 1, 3 and 4 in the Capital Improvement Plan as an unfunded project for final adoption with the Biennial Budget.

WHEREAS, the City Council desires to make a final decision to include Cedar Boulevard Linear Park Area 2 in the Capital Improvement Plan as a project that had been previously funded but has not been completed for final adoption with the Biennial Budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Cedar Boulevard Linear Park Areas 1, 3 and 4 in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as an unfunded project.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Cedar Boulevard Linear Park Area 2 in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a project that had been previously funded but has not yet been completed.

Packet Page 292
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING PROJECT LIST ‘C’ IN THE CAPITAL

IMPROVEMENT PLAN FOR THE CITY OF NEWARK FOR
FISCAL YEARS 2025 AND 2026 FOR FINAL ADOPTION

WITH THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Project List ‘C,’ as presented below; and
Project List ‘C’
Old Town PDA Streetscape Improvements (Construction)
Old Town PDA Streetscape Improvements (Design)
WHEREAS, the City Council desires to include the Old Town PDA Streetscape Improvements (Construction) in the Capital Improvement Plan as a partially funded project; and WHEREAS, the City Council has determined that Old Town PDA Streetscape Improvements (Design) should remain in the Capital Improvement Plan as a project that had been previously funded but has not yet been completed; and WHEREAS, the City Council desires to make a final decision to include Old Town PDA Streetscape Improvements (Construction) in the Capital Improvement Plan as a partially funded project for final adoption with the Biennial Budget; and WHEREAS, the City Council desires to make a final decision to include Old Town PDA Streetscape Improvements (Design) in the Capital Improvement Plan as a project that had been previously funded but has not yet been completed for final adoption with the Biennial Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Old Town PDA Streetscape Improvements (Construction) in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a partially funded project.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Old Town PDA Streetscape Improvements (Design) in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a project that had been previously funded but has not yet been completed.

Packet Page 293
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING PROJECT LIST ‘D’ IN THE CAPITAL

IMPROVEMENT PLAN FOR THE CITY OF NEWARK FOR
FISCAL YEARS 2025 AND 2026 FOR FINAL ADOPTION WITH

THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Project List ‘D,’ as presented below; and
Project List ‘D’
Thornton Avenue Pavement Rehabilitation, Phase 1 – Interstate 880 to Olive Street WHEREAS, the City Council desires to include Thornton Avenue Pavement Rehabilitation, Phase 1 – Interstate 880 to Olive Street in the Capital Improvement Plan as a partially funded project; and
WHEREAS, the City Council desires to make a final decision to include Thornton Avenue Pavement Rehabilitation, Phase1 – Interstate 880 to Olive Street in the Capital Improvement Plan as a partially funded project for final adoption with the Biennial Budget; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Thornton Avenue Pavement Rehabilitation, Phase 1 – Interstate 880 to Olive Street in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a partially funded project.

Packet Page 294
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING PROJECT LIST ‘E’ IN THE CAPITAL

IMPROVEMENT PLAN FOR THE CITY OF NEWARK FOR
FISCAL YEARS 2025 AND 2026 FOR FINAL ADOPTION WITH

THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Project List ‘E,’ as presented below; and
Project List ‘E’
Quiet Zones Implementation
Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash Street to Spruce Street Thornton Avenue Streetscape Improvements (Elm Street to Willow Street) WHEREAS, the City Council desires to include Quiet Zones Implementation in the Capital Improvement Plan as a partially funded project; and
WHEREAS, the City Council desires to include Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash Street to Spruce Street in the Capital Improvement Plan as a partially funded project; and
WHEREAS, the City Council has determined that Thornton Avenue Streetscape Improvements (Elm Street to Willow Street) should remain in the Capital Improvement Plan as an unfunded project; and
WHEREAS, the City Council desires to make a final decision to include Quiet Zones Implementation in the Capital Improvement Plan as a partially funded project for final adoption with the Biennial Budget; and
WHEREAS, the City Council desires to make a final decision to include Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash Street to Spruce Street in the Capital Improvement Plan as a partially funded project for final adoption with the Biennial Budget; and WHEREAS, the City Council desires to make a final decision to include Thornton Avenue Streetscape Improvements (Elm Street to Willow Street) in the Capital Improvement Plan as an unfunded project for final adoption with the Biennial Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Quiet Zones Implementation in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a partially funded project.

Packet Page 295
BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Thornton Avenue Pavement Rehabilitation, Phase 2 – Ash Street to Spruce Street in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as a partially funded project.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Thornton Avenue Streetscape Improvements (Elm Street to Willow Street) in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as an unfunded project.

Packet Page 296
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING PROJECT LIST ‘F’ IN THE CAPITAL

IMPROVEMENT PLAN FOR THE CITY OF NEWARK FOR
FISCAL YEARS 2025 AND 2026 FOR FINAL ADOPTION WITH

THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Project List ‘F,’ as presented below; and
Project List ‘F
Traffic Signal Interconnect (Implementation)
WHEREAS, the City Council desires to include Traffic Singal Interconnect (Implementation) in the Capital Improvement Plan as an unfunded project; and WHEREAS, the City Council desires to make a final decision to include Traffic Signal Interconnect (Implementation) in the Capital Improvement Plan as an unfunded project for final adoption with the Biennial Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Traffic Signal Interconnect (Implementation) in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 as an unfunded project.

Packet Page 297
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING INCLUSION OF PROJECTS IN THE

CAPITAL IMPROVEMENT PLAN FOR THE CITY OF
NEWARK FOR FISCAL YEARS 2025 AND 2026 FOR FINAL

ADOPTION WITH THE BIENNIAL BUDGET
WHEREAS, the City Council of the City of Newark desires to establish a Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026 (the “Capital Improvement Plan”); and
WHEREAS, the City Council has reviewed and considered the proposed Projects attached hereto as Exhibit “A”, which includes (1) the list of New and Previously Unfunded Projects Now Recommended for Funding, (2) the list of Unfunded Projects with revised cost estimates, and (3) the list of Funded But Not Yet Completed Projects with remaining budgeted funding amounts; and WHEREAS, the City Council desires to include Projects in the Capital Improvement Plan; and
WHEREAS, the City Council desires to make a final decision to include Projects in the Capital Improvement Plan for final adoption with the Biennial Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the inclusion of Projects, as identified in Exhibit “A”, attached hereto and incorporated herein by reference, in the Capital Improvement Plan of the City of Newark for Fiscal Years 2025 and 2026.

Packet Page 298

EXHIBIT A
2024-2026 Capital Improvement Plan
List of New and Previously Unfunded Projects Recommended for Funding Project Description Priority Level Estimated Cost
ADA Transition Plan 1 $250,000
Annual Citywide Accessible Pedestrian Ramps (FY25, FY26) 1 $150,000 Annual Curb, Gutter & Sidewalk Program (FY25, FY26) 1 $800,000 Annual Thermoplastic Street Striping (FY25, FY26) 1 $50,000 Annual Street Asphalt Concrete Overlay Program (FY25,FY26) 1 $8,000,000 Annual Street Tree Maintenance Program (FY25, FY26) 1 $600,000 Annual Traffic Calming Program (FY25, FY26) 3 $200,000
Cherry Street Median Modifications 3 $400,000
Community Preservation Vehicle 3 $50,000
Emergency Breaching Tools and Training 2 $46,000
Firearms Training System 3 $20,000
Fire Stations Nos. 27 and 29 Fencing 3 $500,000
Four Corners Area Plan 2 $350,000
Housing Programs - Implementation of Adopted Housing Element 2 $450,000 Information Technology Vehicle 3 $80,000
Mel Nunes Sportsfield Park Storage Unit 3 $60,000
Public Works Maintenance Water Tank Spray Truck 2 $250,000 NewPark Place Specific Plan Enhancement and Expansion 2 $300,000 Pedestrian Hybrid Beacon Installaions 1 $800,000
Police Department Patrol Vehicles (2) 2 $200,000
Police Department Unmarked Vehicles (2) 2 $135,000
Public Works Maintenance Street Sweeper 2 $500,000
Public Works Maintenance Supervisor Vehicles (2) 2 $160,000 Rental Housing Inspection Program Assessment 2 $150,000 Second Chance Shelter Repairs 3 $100,000
Senior Center Driveway Relocation 3 $60,000
Senior Center Repainting 1 $100,000
Service Center Vacuum Truck Shelter 1 $100,000
Silliman Aquatic Center Pool Sanitation System Retrofit 3 $260,000 Silliman Center Door Closers Replacement 1 $100,000
Silliman Center Gym and Dance Floor Refinishing 1 $130,000 Silliman Center Locker Room Flooring Replacement 1 $150,000 Silliman Center Partial Roof and Skylight Replacement 1 $250,000 Silliman Center Shower Tile Replacement 1 $100,000
Silliman Center Water Slide Replacement 1 $350,000
Softball Fields Retrofit Scoreboards and Bleachers 3 $150,000 Storage Facility at Service Center 3 $400,000
Title 17 (Zoning) Housing-related Assessment and Update 1 $400,000 Urban Forest Master Plan 2 $300,000
Vehicle Pursuit Intervention Devices 3 $45,000
Virtual Reality Pollice Tactics Training System 3 $100,000 Total $17,596,000
Packet Page 299
2024-2026 Capital Improvement Plan
List of All Unfunded Projects (Exhibit A continued)
(Both New and Previously Listed
Project Description
Priority
Level
Estimated
Cost Funding Source
Arterial Landscape Median Upgrades 3 $600,000 Gas Taxes Articulated Aerial Lift Truck (35') 3 $300,000 Capital Funds Aquatic Center NinjaCross Obstacle Course System 3 $500,000 Capital Funds Bayside TOD Transit Station and Overcrossing (Construction) 3 $11,500,000 Impact Fees Bayside TOD Transit Station and Overcrossing (Design) 3 $700,000 Capital Funds Birch Grove Park Completion 3 $3,380,000 Park Impact Fees Birch Grove Park Softball Field Night Lighting 3 $300,000 Capital Funds Birch Grove Park Tennis Court Area Re-Landscaping 3 $200,000 Park Impact Fees Byington Park Completion 3 $950,000 Park Impact Fees
Cedar Boulevard Complete Streets 3 $2,800,000 Gas Taxes Cedar Boulevard Linear Parks 1, 3, 4 3 $2,870,000 Park Impact Fees Central Avenue Median and Sidewalk Improvements (Construction) 3 $1,200,000 Gas Taxes Central Avenue Median and Sidewalk Improvements (Design) 3 $250,000 Gas Taxes Citywide Bus Shelters 3 $2,400,000 Capital Funds
Citywide Document Scanning Services 3 $150,000 Capital Funds Citywide Information Kiosks – Phase 1 Old Town 3 $75,000 Capital Funds Civic Center Park Completion and Updates 3 $1,160,000 Park Impact Fees Cultural Arts Center 3 $40,000,000 Capital Funds
Fire Station No. 27 Energy Efficient Windows 3 $30,000 Capital Funds Fire Station No. 27 Training Tower - New Construction 3 $2,000,000 Capital Funds History Museum - Phase 2b (Restoration and Construction) 3 $3,000,000 Capital Funds History Museum - Phase 3 (Exhibits) 3 $750,000 Capital Funds Jerry Raber Ash Street Park Completion 3 $915,000 Park Impact Fees Lakeshore Park Completion 3 $1,750,000 Park Impact Fees Lakeshore Park Restroom 3 $350,000 Park Impact Fees
Mayhews Landing Park Completion 3 $1,090,000 Park Impact Fees Mel Nunes Sportsfield Park Splash Pad 3 $550,000 Park Impact Fees Mirabeau Park Completion 3 $680,000 Park Impact Fees
Mowry Avenue Backup Wall and Landscape Improvements 3 $900,000 Gas Taxes Musick Park Completion 3 $720,000 Park Impact Fees
Newark Boulevard Complete Streets and Undergrounding 3 $6,800,000 Gas Taxes Newark Community Park Completion 3 $3,860,000 Park Impact Fees Public Works Maintenance Mini Excavator 2 $120,000 Capital Funds Public Works Maintenance Robotic Mower 2 $25,000 Capital Funds Second Chance Roof Replacement 3 $120,000 Capital Funds Senior Center - New Construction 3 $8,000,000 Capital Funds Senior Center HVAC Replacement 3 $50,000 Potential CDBG Project SIDNE (Simulated Impaired Driving Experience) 3 $50,000 Capital Funds Silliman Activity Center Energy Conservation Measures 3 $200,000 Capital Funds Silliman Aquatic Center - Hot Tub Replacement 3 $300,000 Capital Funds Silliman Aquatic Center - Pool Deck Replacement 3 $300,000 Capital Funds St. Isabel Avenue Street Improvements Completion 3 $285,000 Gas Taxes Stevenson Gateway Feature Renovation 3 $90,000 Capital Funds Susan Johnson Bridgepointe Park Completion 3 $920,000 Park Impact Fees Thornton Avenue Streetscape Improvements (Elm St. to Willow St.) 3 $1,200,000 Gas Taxes Packet Page 300
2024-2026 Capital Improvement Plan
List of All Unfunded Projects (Exhibit A continued)
(Both New and Previously Listed
Project Description
Priority
Level
Estimated
Cost Funding Source
Traffic Signal at Cherry Street and Robertson Avenue 3 $400,000 Gas Taxes Traffic Signal at Jarvis Avenue and Haley Street 3 $350,000 Gas Taxes Traffic Signal at Jarvis Avenue and Spruce Street 3 $350,000 Gas Taxes Traffic Signal Interconnect (Implementation) 3 $7,500,000 Gas Taxes/Outside Funds Traffic Signal Preemption - Phase 2 3 $300,000 Capital Funds Total $113,290,000
Packet Page 301
2024-2026 Capital Improvement Plan
List of Projects Funded But Not Yet Completed
(Exhibit A continued)
Project Description
Remaining
Funding Funding Source
Active Transportation Plan $195,000 Comm Dev Maint
BMX Park Location Study and Conceptual Design $150,000 Comm Dev Maint Cast Iron Storm Water Inlet Grate Replacement Program $15,000 Gas Taxes Central Avenue Railroad Overpass Project Development - Phase I $860,595 Gas Taxes City Hall Security Upgrades $120,000 Capital Funds
Citywide Building Painting $77,600 Capital Funds
Citywide Building Roof Repairs $121,100 Capital Funds
Citywide Building Upgrades $11,100 Capital Funds
Citywide Crosswalk Evaluation and Modification - Phase 2 $150,000 Gas Taxes Citywide Facilities Master Plan $100,000 Comm Dev Maint Citywide GIS Phase 2 $150,000 Capital Funds
Citywide Parks Irrigation Systems Upgrade/Modification $170,000 Capital Funds Citywide Parks Signage $80,000 Park Impact Fees
Citywide Rail Station Alternative Study $80,000 Comm Dev Maint Citywide Trash Capture Devices (Phase 3) $160,000 Capital Funds Clean-Up of CalTrans ROW and Landscaping (Thornton Ave/I-880) $200,000 Capital Funds Climate Action Plan Update $197,000 Com Dev Maint
Document Conversion $75,006 Capital Funds
ERP Program Updates $100,000 Capital Funds
Finance System Replacement (Part 2) $685,305 Capital Funds Fire Station No. 27 - Fencing $8,000 Capital Funds
Fire Station No. 27 Painting $32,000 Capital Funds
Fire Station No. 27 Roofing $55,000 Capital Funds
Fire Station No. 29 - Fencing $20,000 Capital Funds
Fire Station No. 29 Painting $23,000 Capital Funds
Fuel Management System Replacement $75,000 Capital Funds Inflatable Outdoor Movie Screen $8,000 Capital Funds
Irrigation Main Line Partial Replacement at Community Park $198,100 Capital Funds Jerry Raber Ash Street Park Sports Facilities $95,600 Park Impact Fees Lakeshore Park Lake Water Quality Analysis $25,000 Capital Funds Lakeshore Park Landscape Restoration $300,564 Capital Funds MacGregor Fields Cricket Pitch $100,000 Park Impact Fees Mel Nunes Sportsfield Park Completion $1,483,000 Park Impact Fees Mel Nunes Sportsfield Park Synthetic Turf Fields Additional Netting $50,000 Park Impact Fees Mowry Avenue Median Landscaping $260,000 Gas Taxes
Newark Civic Center Technology $37,355 Capital Funds
Newark Community Park Restroom Restoration $60,000 Capital Funds Newark Community Park Well and Pump Replacement $165,000 Capital Funds Newark Resource Center $1,800,000 Outside Grants
PD Barn Car Patrol Vehicle $84,000 Capital Funds
PD Patrol Vehicle $84,000 Capital Funds
PD Replacement Scheduling and Workforce Management Software $78,867 Capital Funds PD Utility Vehicle $12,500 Capital Funds
PD Volunteer Radios $20,000 Capital Funds
Portable Outdoor Stage $20,000 Capital Funds
Public Works Maintenance Dump Truck $80,000 Capital Funds Public Works Maintenance Mini Sweeper $260,000 Capital Funds Public Works Maintenance Vehicle $60,000 Capital Funds
Public Works Maintenance Vehicle $60,000 Capital Funds
Recreation & Community Services Mobile Recreation Van $70,000 Capital Funds Revisions to City Truck Routes $73,370 Com Dev Maint
Sanctuary Park Conceptual Design $150,000 Com Dev Maint Sea Level Rise Vulnerability Assessment and Adaptation Strategy $275,000 Com Dev Maint Security Cameras and Building Access Management Project $1,352,000 Capital Funds Senior Center Room Divider $50,000 Capital Funds
Service Center Brick Wall $120,000 Capital Funds
Service Center Buildings, Painting $80,000 Capital Funds Service Center Clean Water Requirements $95,000 Capital Funds Service Center Fuel Island Replacement $1,000,000 Capital Funds Service Center Fuel Pump Island Drainage System $80,000 Capital Funds Packet Page 302
2024-2026 Capital Improvement Plan
List of Projects Funded But Not Yet Completed
(Exhibit A continued)
Project Description
Remaining
Funding Funding Source
Service Center Fuel Tank Canopy $140,000 Capital Funds
Service Center Rear Garage Repairs $75,000 Capital Funds Service Center Skylights $100,000 Capital Funds
Service Center Waste Disposal Upgrades $275,000 Capital Funds Silliman Activity Center Air Handler #2 Replacement $350,000 Capital Funds Silliman Activity Center Carpet Replacement $15,842 Capital Funds Silliman Activity Center Light Control Board $50,000 Capital Funds Silliman Activity Center Partial Roof Replacement $325,000 Capital Funds Silliman Activity Center Preschool Playground Renovation $300,000 Capital Funds Silliman Actvity Center Water Heater/Tanks Replacement $100,000 Capital Funds Mel Nunes Sportsfield Park Outfield Net Replacement $30,000 Park Impact Fees Surplus Property Disposal - Old FS No. 1 $16,800 Capital Funds Thornton Avenue Complete Streets - Design $700,000 Gas Taxes Transition to Paperless Documents $8,100 Capital Funds
Vehicle Miles Traveled Policy $15,270 Com Dev Maint
Virtual History Museum $60,000 Capital Funds
Web Site Upgrade $77,660 Capital Funds
Work Area and Cubical Upgrades $70,000 Capital Funds
Total 15,306,734 $
Packet Page 303
193

CAPITAL IMPROVEMENT PLAN

OVERVIEW
The City of Newark’s two-year budget is
comprised of the Biennial Budget, the
Capital Improvement Plan (CIP), and the
Five-Year Forecast. In preparing the CIP,
the Five-Year Forecast provides significant
guidance by establishing priorities for the
City, identifying special needs, and
establishing the future direction of the City.

The purpose of the Biennial Capital
Improvement Plan is to identify and
prioritize capital improvement projects for
funding. Capital improvement projects
include street and park construction and
rehabilitation projects, construction and/or
repairs to City facilities, acquisitions of new
equipment that are not part of a
department’s operating budget, feasibility
studies to identify and quantify future
projects, and major equipment purchases.

By their nature, capital improvement
projects generally tend to be special, onetime “events” designed to address a significant community need. Major capital
projects can often take several years to
complete, with both funding and
construction planned in several specific
phases.

Some CIP projects result in additional
operating and maintenance costs after
completion of the project, while others may
result in reduced maintenance costs. For
example, a street improvement project can
reduce future street maintenance costs for a
period of time after completion of the
project. On the other hand, construction of
a new recreational facility will likely result
in additional maintenance and operating
costs; however, some of those costs may be
offset by new revenues from the facility.

All these factors must be carefully
considered when prioritizing projects for
funding.

CIP PROJECTS
Generally, all projects which involve
expenditures of $10,000 or more, are
included in the CIP. There are some special
types of projects or purchases costing more
than $10,000 that are not included in the
CIP. Such projects include equipment
normally replaced through the Equipment
Replacement fund, such as the routine
vehicle replacement program, and leasing
of property or vehicles.

THE CIP PROCESS
As part of the 2024-2026 Biennial Budget
and Capital Improvement Plan preparation,
the Public Works Department coordinates
the development of the CIP budget
component. The process of developing the
CIP begins with the preparation of a list of
potential projects. These projects are
generally submitted by the City Council
and staff in response to a call for projects
request. In some instances, residents have
also made requests for desired projects.

After an initial review by the Executive
Team, detailed descriptions and cost
estimates are prepared for each project
chosen for further consideration. Possible
funding sources are also identified. This
information is then synthesized into an
initial comprehensive listing of all projects –
new proposed projects, previously
approved and funded projects, and
unfunded projects. After this information
has been quantified, all projects are
reviewed and prioritized by staff and then
provided as recommendations to the City
Council.

Packet Page 304
194

PROJECT SELECTION PROCESS
Projects selected for funding and
budget preparation
Review and project selection
by City Council
Project recommendations
by Executive Team
Designate overall project Priority Level
based on established criteria
Review of staffing constraints and
maintenance impacts
Evaluation of Critical Issues Evaluation of Funding
Sources
Proposed Project List refinement
and cost estimate preparation
Projects solicited from
City Council and staff
Packet Page 305
195
Several major factors were considered while
selecting projects for the 2024-2025 and
2025-2026 budget years: (1) evaluation of
Critical Issues; (2) available funding sources
and the need for maintaining sufficient unallocated reserves; (3) staffing constraints and maintenance impacts; (4) project priority level criteria; and (5) immediacy of project need.
(1) Evaluation of Critical Issues previously
identified by the Executive Team
Critical Issues are used to help guide the
selection of projects - Public Safety Services,
Education, Quality of Life, Community
Development and City Government
Operations. These Critical Issues are
summarized below:

(2) Available funding sources and the need
for maintaining sufficient unallocated
reserves
All potential projects were evaluated based
on the availability of funding sources. Gas
tax revenues are the primary source of
funds for street maintenance and
improvement projects. The major source for
most other capital projects is the Capital
Improvement Fund. Development Impact
Fees, which are assessed to new private
developments, are a component of Capital
Funds but can only be used on specific
projects where a nexus is established
between development and the individual
project. The majority of the funds for
capital projects are derived from
unallocated General Funds. These are
discretionary funds that may be used on
any project. A complete list of funding
sources is provided on the following pages
and a revenue estimate summary is
provided on page 211.
(3) Staffing constraints and maintenance
impacts
Regardless of funding availability, there is a
limit to the number of projects which can be
designed and/or constructed in a single
year due to staffing constraints. Projects
also must be evaluated based on the
resulting long-term maintenance needs
following completion. A project should not
be built (or equipment purchased) if there
are inadequate resources for operations and
maintenance.
(4) Priority Level Criteria
Three priority levels are defined to assist
with project prioritization and include Level
One, Level Two, and Level Three.

Priority Level One projects are of the
highest priority and are considered
mandatory. Level One projects are those
being driven by a legal or regulatory
requirement, are needed to meet a safety
obligation or minimize a liability risk, or
serve to preserve the City’s existing assets
and infrastructure.

Critical Issues
Public Safety Services - Provide a level
of public safety services that will protect
our community members, property, and
community assets.

Education - Support, encourage, and
offer opportunities and programs that
facilitate quality community education.

Quality of Life - Provide programs,
services, and facilities that make Newark
a desirable and healthy place to live.

Community Development - Make
development decisions that maintain a
vibrant, balanced, quality community.

City Government Operations - Operate
a City government that enables the
organization to meet service demands of
the community.

Packet Page 306
196
Priority Level Two projects are considered
necessary projects, but do not satisfy Level
One criteria. A project could be ranked at
Level Two if there is a consensus by the
City Council that it should be funded.

Other Level Two criteria includes: projects
that demand local funding in order to
obtain an outside funding source; projects
that provide a needed service level increase;
projects for completion of a feasibility study
or master plan that would assist with
defining and prioritizing one or more
projects or other community needs; and
projects that are needed to complete a final
phase of a multi-phased project.

Priority Level Three projects are those that
are considered desirable, but do not fully
satisfy Level One or Level Two criteria at
the time of evaluation.
(5) Immediacy of Project Needs
In addition to these primary Priority Levels,
projects were also evaluated based on the
extent of the immediate need to help
finalize recommendations for funding. For
example, there could be projects that are
needed to preserve an existing asset and are
listed as Priority Level One, but the need
may be three to five years into the future
rather than immediate.

PLANNING COMMISSION REVIEW
State law requires that the Planning
Commission review the CIP projects for
conformance with the General Plan. This
review is completed prior to formal City
Council adoption of the CIP.

MULTI-YEAR PROJECT FUNDING
Unlike some communities, Newark does
not normally budget funds over multiple
years toward the future construction of
specific projects. Instead, unbudgeted
Capital Funds are held in reserve and
applied toward a project upon
accumulation of sufficient funds to
complete a project or phase. Still, there are
projects which are phased over a number of
years to accommodate design and
construction requirements and other
factors.

FINANCING SOURCES AND

ALTERNATIVES
Capital funds, Gas Tax funds, and Park
Impact funds all represent “pay-as-you-go”
financing. Generally, this type of financing
is used to minimize interest and financing
costs. However, for some projects, longterm financing is either necessary or preferred.

Packet Page 307
197

SUMMARY OF FINANCING SOURCES

ACCUMULATED
FEES
Accumulated Fees can only be used for the specific purpose provided for in the Fee Schedule.

CAPITAL FUNDS
Capital funds can be used to fund any capital project. However, since Capital funds are derived from the General Fund, their use is discouraged if other fund sources are available.

DEVELOPMENT

IMPACT FEES
Development Impact Fees can only be used for specific capital projects. There is a maximum allocation per project based on the type of capital project.

GAS TAX FUNDS
Gas Tax funds can only be used for expenses related to street construction, maintenance, or design. This funding category includes state gas tax subventions, Measure B and Measure BB revenues, Traffic Congestion Relief Funds (Proposition 42), Alameda County Vehicle Registration Fee funds, and Road Maintenance and Rehabilitation Account (RMRA/SB1) Funds.

GRANTS
CDBG*
Community Development Block Grants (CDBG) funds can only be used for projects within the designated CDBG Target Area. They can be used for street construction, community centers, etc.

Federal
Transportation
Act*
Funding from the Federal Transportation Act reauthorization (previously the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users, “SAFETEA-LU,” and the Transportation Efficiency Act for the 21st Century, “TEA 21”) can only be used for construction projects on eligible streets.

HSIP* The Federally funded Highway Safety Improvement Program (HSIP) is for specific traffic safety projects.

HWY-RR Grade
Separation
Program*
State Highway-Railroad Grade Separation Program funds can be used for grade separation projects.

SRTS/SR2S*
State (SRTS) and Federal (SR2S) Safe Routes to School funds can be used to correct identified safety hazards on school routes to promote walking/biking to schools.

Stimulus
Programs*
Federal economic stimulus funds have uses and constraints specific to each individual program. Transportation-related stimulus funding typically has constraints similar to the current Federal Transportation Act.

STIP*
State Transportation Improvement Program (STIP) funds can be used for capital projects that improve transportation. Funding is split 75%/25% between the Interregional Transportation Improvement Program (ITIP) and Regional Transportation Improvement Program (RTIP).

TDA* Transportation Development Act (TDA), Article 3 funds can only be used to construct bike and pedestrian projects.

Packet Page 308
198
SUMMARY OF FINANCING SOURCES (continued)

PARK IMPROVEMENTS
Park Impact Fees
Park Impact Fees are collected with each new residential single- or multifamily development. Local Park Impact Fee funds can be used for park construction projects for a neighborhood park within the area where the development responsible for the funds is located or for community parks.

Regional Open
Space, Wildlife,
Shoreline, and
Parks Bond
Extension*
Funding through the Regional Open Space, Wildlife, Shoreline, and Parks Bond Extension (Measure WW) must be used on park construction projects. *Allocated to agencies on a competitive process or on the basis of population.

Packet Page 309
199

ORGANIZATION OF INFORMATION
An alphabetical arrangement by project title
has been used as the organizational basis
for project lists and descriptions in the CIP.

Project descriptions include important data,
including:

Critical Issue – Each CIP project has been
evaluated against the Critical Issues
previously identified by the Executive
Team. The Critical Issue addressed by a
project is listed.

Funding Source – This entry indicates the
general funding source which can or will be
used to fund this particular project.

Estimated Cost – This figure is the
estimated cost for completing the project or
this phase of the project, including
contingencies. In some cases, design costs
are included in this figure if outside
consultants will be used for preparing plans
and specifications. This estimate does not
include ongoing maintenance and/or
operating expenses. Cost estimates are
adjusted over time to reflect inflation when
required. If the project scope changes after
adoption of the CIP, the project budget may
also need to be adjusted.

Operating Impact – Certain projects can
result in an operational savings over time,
while other projects may result in additional
operating costs, such as additional staffing
and/or maintenance. This section provides
a general indication of the range of
additional anticipated operating costs.

Possible entries for this field include: Cost
Savings; No Significant Impact; Minor Impact;
Moderate Impact; Significant Permanent
Impact; and To be Determined.

A “Moderate Impact” may involve
additional maintenance or operational costs,
while a “Significant Permanent Impact”
normally involves additional staffing,
together with increased
maintenance/operational costs.

Priority Level – This entry indicates Level
One (Mandatory), Level Two (Necessary),
or Level Three (Desirable) priority level as
defined previously.

Implementing Department – This entry
indicates the department responsible for
implementing the project once funded.

Contact – This entry lists the individual
responsible for implementing the project
once funded.

Year First Proposed – This entry will
indicate the year each project first appeared
in the CIP.

Year Funded – This entry will indicate
which year, if any, funding was approved.

PROJECT LISTS FOR 2024-2025 AND 2025-
2026
As noted in the Estimate of Future Funding
Needs beginning on Page 205, there are 50
unfunded projects with a combined
estimate cost of $113,290,000. It should be
noted that the estimated costs of some
unfunded projects have not yet been
determined due to undefined project
constraints.

Based on the major factors and constraints
listed above, 47 projects were selected for
funding this biennial budget cycle at a total
estimated cost of $17,596,000.

Packet Page 310
200
2024-2025 SUMMARY OF FUNDED PROJECTS

PROJECT TITLE FUNDING
SOURCE

PROJECT
COST
Annual Street Asphalt Concrete Overlay Program Gas Tax $4,000,000 Annual Curb, Gutter and Sidewalk Replacement Gas Tax $400,000 Annual Street Tree Maintenance Gas Tax $300,000
Annual Traffic Calming Measures Gas Tax $100,000
Annual Citywide Accessible Pedestrian Ramps Gas Tax $75,000 Annual Thermoplastic Street Striping Gas Tax $25,000
Cherry Street & Mowry Avenue Median Modifications
(Construction) Gas Tax $400,000
Pedestrian Hybrid Beacon Installation – Newark Blvd.
and Cedar Blvd (Construction) Gas Tax $800,000
Senior Center Repainting Capital Funds $100,000
Silliman Center Door Closers Replacement Capital Funds $100,000 Silliman Center Gym & Dance Floor Refinishing Capital Funds $130,000 Silliman Center Locker Room Flooring Replacement Capital Funds $150,000 Silliman Center Partial Roof and Skylight Replacement Capital Funds $250,000 Silliman Center Shower Tile Replacement Capital Funds $100,000 Silliman Center Water Slide Replacement Capital Funds $350,000 Softball Fields Retrofit Scoreboards and Bleachers Capital Funds $150,000 Community Preservation Vehicle Capital Funds $50,000
Information Technology Vehicle Capital Funds $80,000
Police Department Patrol Vehicles (2) Capital Funds $200,000 Police Department Unmarked Vehicles (2) Capital Funds $135,000 Public Works Maintenance Street Sweeper Capital Funds $500,000 Public Works Maintenance Vehicles (2) Capital Funds $160,000 Emergency Breaching Tools and Training Capital Funds $46,000 Fire Station Nos. 27 and 29 – Additional Fencing Capital Funds $500,000 Firearms Training System Capital Funds $20,000
Mel Nunes Sportsfield Park Storage Unit Capital Funds $60,000 Senior Center Driveway Relocation Capital Funds $60,000 Public Works Maintenance Water Tank Spray Truck Capital Funds $250,000 Service Center Vacuum Truck Shelter Capital Funds $100,000 Vehicle Pursuit Intervention Devices Capital Funds $45,000 Virtual Reality Police Tactics Training System Capital Funds $100,000 Packet Page 311
201

PROJECT TITLE FUNDING
SOURCE

PROJECT
COST
Second Chance Shelter Repairs Capital Funds $100,000
Silliman Aquatic Center Pool Sanitation System Retrofit Capital Funds $260,000 Storage Facility at Service Center Capital Funds $400,000 ADA Transition Plan Update
Community
Development
Maintenance
Fund
$250,000
Four Corners Area Plan
Community
Development
Maintenance
Fund
$350,000
Housing Programs – Implementation of Adopted
Housing Element
Community
Development
Maintenance
Fund
$450,000
NewPark Place Specific Plan Enhancement and
Expansion
Community
Development
Maintenance
Fund
$300,000
Rental Housing Inspection Program Assessment
Community
Development
Maintenance
Fund
$150,000
Title 17 (Zoning) Housing-related Assessment and
Update
Community
Development
Maintenance
Fund
$400,000
Urban Forest Master Plan
Community
Development
Maintenance
Fund
$300,000
2024-2025 TOTAL $12,696,000
Packet Page 312
202
2025-2026 SUMMARY OF FUNDED PROJECTS

PROJECT TITLE FUNDING
SOURCE

PROJECT
COST
Annual Street Asphalt Concrete Overlay Program Gas Tax $4,000,000 Annual Curb, Gutter and Sidewalk Replacement Gas Tax $400,000 Annual Street Tree Maintenance Gas Tax $300,000
Annual Traffic Calming Measures Gas Tax $100,000
Annual Citywide Accessible Pedestrian Ramps Gas Tax $75,000 Annual Thermoplastic Street Striping Gas Tax $25,000
2025-2026 TOTAL $4,900,000
Packet Page 313
203

A LOOK FORWARD
Forecasting future funding availability and
needs is an inexact science at best. The
conservative approach to forecasting future
funding availability assumes modest
growth to projected gas tax revenues and no
significant changes to projected Capital
Fund revenue and other sources. Staff is
continuously monitoring evolving
projections for State and local gas tax
revenues. These projections are reflected in
the table entitled Revenue Estimate Summary
on the following page.

Although future funding needs can be
predicted by roughly prioritizing unfunded
projects already in the CIP, such forecasting
is often later upset by changing priorities
and unexpected needs. The cost of certain
identified projects is often unknown prior to
the completion of a needs study or
preliminary design. Even so, it is still
important to develop a general plan for
implementing major capital projects.

In order to continue to prioritize future
funding of the City’s project needs, the
following prioritization factors should be
considered:

Need Driven – The target date for some
projects is driven by an identified need. For
example, the replacement of the City
Administration Building was driven by the
need to replace an aging facility to
accommodate employees and related City
activities. A specific target date might be
set based on anticipated future space needs
or elimination of increasing and excessive
building maintenance costs.

Regulation/Law Driven – Some projects,
such as wheelchair ramp modifications, are
required as a result of changes in standards
or regulations or as the result of new
Federal or State laws.

Opportunity Driven – The target date for
the construction of some projects is driven
by an associated opportunity. The
availability of a State park grant might
allow completion of desired park
improvements.

Funding Driven – The target date for
construction of other projects may be
governed by available funding or funding
factors. For example, the target date for
construction of a particular project might be
tied to accumulation of the capital costs or
the ability to fund future operating costs.

Funding Source Driven – The construction
of specific projects which are eligible for
grant funds will be dictated by the
availability of those grant funds. For
example, Community Development Block
Grant (CDBG) funds can be used for capital
projects in the Target Area. The timing for
their use will be governed by the
availability of those funds.

Relationship Driven – There are certain
types of projects which are dependent on
the timing of other related projects. For
example, the construction of a new
community center could allow for the
Senior Center to be moved into that
amenity, freeing use of the Senior Center for
other purposes.

Community Driven – Certain projects are
desired to improve the quality of life of
Newark residents and are not necessarily
tied to external factors. An example is the
Newark Skate Park. The target for
construction of such projects is thus driven
by a desire to improve the quality of life of
our residents and the City Council’s
priorities rather than outside influences.

Phasing Opportunities – Certain projects,
such as street maintenance projects, can
sometimes be completed in phases.

Packet Page 314
204

REVENUE ESTIMATE SUMMARY
Funding Source
Dollars
2025 2026 2027 2028 2029 Total
Capital Funds (1) 0 0 TBD TBD TBD TBD
Gas Tax Funds 4,300,000 4,300,000 4,400,000 4,500,000 4,600,000 16,120,000 CDBG (2) 117,000 117,000 117,000 117,000 117,000 585,000 TDA 40,000 40,000 40,000 40,000 40,000 200,000
Federal Grants As Avail. As Avail. As Avail. As Avail. As Avail. As Avail.

Park Impact (3) 4,700,000 3,500,000 450,000 TBD TBD 8,650,000 Notes:

1. This entry indicates allocations in surplus General Funds towards Capital projects each year. Future year allocations are To Be Determined.

2. This entry assumes that the Federal government does not cut or reduce funding for this program.

3. Park Impact Fee funds are dependent on the level of residential development which takes place.

Packet Page 315
205

ESTIMATE OF FUTURE FUNDING NEEDS
(Unfunded projects)
UNFUNDED PROJECTS (Projects in bold are new for 2024-2026) ESTIMATE Arterial Landscape Median Upgrades 460,000
Articulated Aerial Lift Truck (35') 140,000
Aquatic Center NinjaCross Obstacle Course System 500,000 Bayside TOD Transit Station and Overcrossing (Construction) 11,500,000 Bayside TOD Transit Station and Overcrossing (Design) 700,000 Birch Grove Park Completion 3,380,000
Birch Grove Park Softball Field Night Lighting 300,000
Birch Grove Park Tennis Court Area Re-landscaping 125,000 Byington Park Completion 950,000
Cedar Boulevard Complete Streets 2,800,000
Cedar Boulevard Linear Parks 1, 3, 4 2,870,000
Central Avenue Median & Sidewalk Improvements (Design) 250,000 Central Avenue Median & Sidewalk Improvements (Construction) 1,200,000 Citywide Bus Shelters 2,400,000
Citywide Document Scanning Services 150,000
Citywide Information Kiosks – Phase 1 Historic Newark 75,000 Civic Center Park Completion 1,160,000
Cultural Arts Center 40,000,000
Fire Station No. 27 Energy Efficient Windows 30,000
Fire Station No. 27 Training Tower – New 2,000,000
History Museum – Phase 2B (Restoration and Construction) 3,000,000 History Museum – Phase 3 (Exhibits) 750,000
Jerry Raber Ash Street Park Completion 915,000
Lakeshore Park Completion 1,750,000
Lakeshore Park Restroom 350,000
Mayhews Landing Park Completion 1,090,000
Mel Nunes Sportsfield Park Splash Pad 550,000
Mirabeau Park Completion 680,000
Mowry Avenue Backup Wall and Landscape Improvements 900,000 Musick Park Completion 720,000
Newark Boulevard Complete Streets and Undergrounding 6,800,000 Newark Community Park Completion 3,860,000
Public Works Maintenance – Mini Excavator 120,000
Public Works Maintenance – Robotic Mower 25,000
Second Chance Roof Replacement 120,000
Senior Center HVAC Replacement 50,000
Senior Center – New Construction 8,000,000
SIDNE (Simulated Impaired Driving Experience) 50,000
Silliman Activity Center Energy Conservation Measures 200,000 Silliman Aquatic Center – Hot Tub Replacement 300,000
Silliman Aquatic Center – Pool Deck Replacement 300,000 St. Isabel Avenue Street Improvements Completion 285,000 Stevenson Gateway Feature Renovation 90,000
Packet Page 316
206
ESTIMATE OF FUTURE FUNDING NEEDS continued
UNFUNDED PROJECTS (projects in bold are new for 2024-2026) ESTIMATE Susan Johnson Bridgepoint Park Completion 920,000
Thornton Avenue Streetscape Improvements (Elm Street to Willow Street) 1,200,000 Traffic Signal at Cherry Street and Robertson Avenue 400,000 Traffic Signal at Jarvis Avenue and Haley Street 350,000 Traffic Signal at Jarvis Avenue and Spruce Street 350,000 Traffic Signal Interconnect (Implementation) 7,500,000
Traffic Signal Preemption – Phase 2 300,000
TOTAL $ 113,290,000
Packet Page 317
207
Packet Page 318
208

CAPITAL

IMPROVEMENT
PLAN

PROJECT

DESCRIPTIONS
Packet Page 319
209

PROJECT PAGE
(projects in bold are new for 2024 – 2026; shaded projects are funded in 2024-2026) Active Transportation Plan 213
ADA Transition Plan 213
Annual Citywide Accessible Pedestrian Ramps (Ongoing) 213 Annual Curb, Gutter and Sidewalk Replacement (Ongoing) 214 Annual Gas Tax Project Administration (Ongoing) 214
Annual Street Asphalt Concrete Overlay Program (Ongoing) 214 Annual Street Tree Maintenance (Ongoing) 215
Annual Thermoplastic Street Striping (Ongoing) 215
Annual Traffic Calming Measures (Ongoing) 215
Arterial Landscape Median Upgrades 216
Articulated Aerial Lift Truck (35’) 216
Bayside TOD Transit Station and Overcrossing, Design 217 Bayside TOD Transit Station and Overcrossing, Construction 217 Birch Grove Park Completion 218
Birch Grove Park Softball Field Night Lighting 218
Birch Grove Park Tennis Court Area Re-landscaping 219
BMX Park Location Study and Conceptual Design 219
Byington Park Completion 220
Cast Iron Stormwater Inlet Grate Replacement Program Phase I 220 Cedar Boulevard Complete Streets Project 221
Cedar Boulevard Linear Park 1, 3, 4 221
Cedar Boulevard Linear Park 2 222
Central Avenue Median and Sidewalk Improvements (Construction) 222 Central Avenue Median and Sidewalk Improvements (Design) 223 Central Avenue Overpass Phase 1 - Project Development 223 Central Avenue Overpass Phase 2 – R/W and Construction 224 Cherry Street Median Modifications 224
City Hall Security Upgrades 225
Citywide Building Painting 225
Citywide Building Roof Repairs 225
Citywide Building Upgrades 226
Citywide Bus Shelters 226
Citywide Crosswalk Evaluation and Modifications 227
Citywide Document Scanning Services 227
Citywide Geographic Information Systems (GIS) – Phase 2 227 Citywide Information Kiosks – Phase 1 Old Town 228
Citywide Parks Signage Program – Phase 1 228
Citywide Parks Irrigation System Upgrade/Modification 228 Citywide Rail Station Alternatives Study 229
Citywide Trash Capture Devices (Phase 3) 229
Civic Center Building Modifications 230
Civic Center Park Completion 230
Clean-Up of CalTrans Right-of-Way and Landscaping (Thornton Ave/I-880) 231 Climate Action Plan Update 231
Community Preservation Vehicle 231
Packet Page 320
210

PROJECT PAGE
(projects in bold are new for 2024 – 2026; shaded projects are funded in 2024-2026) Cultural Arts Center 232
Document Conversion 232
Emergency Breaching Tools and Training 233
Facilities Master Plan 233
Finance (ERP) System Program Upgrades 234
Finance System Replacement 234
Firearms Training System 234
Fire Station No. 27 Cherry Street - Energy Efficient Windows 235 Fire Station No. 27 Cherry Street – Painting 235
Fire Station No. 27 Cherry Street – Roofing 235
Fire Station No. 27 Cherry Street Training Tower – New Construction 236 Fire Station No. 29 Ruschin Drive – Painting 236
Fire Station Nos. 27 and 29 Fencing 236
Four Corners Area Plan 237
Fuel Management System Replacement 237
History Museum – Phase 2B (Restoration and Construction) 238 History Museum – Phase 3 (Exhibits) 238
Housing Programs – Implementation of Adopted Housing Element 239 Information Technology Vehicle 239
Irrigation Main Line Partial Replacement at Community Park 239 Jerry Raber Ash Street Park Completion 240
Jerry Raber Ash Street Park Sports Facilities 240
Lakeshore Park Completion 241
Lakeshore Park Lake Water Quality Analysis 241
Lakeshore Park Landscape Restoration 242
Lakeshore Park Restrooms 242
Lakeshore Park Tree Project 242
Lindsay Tract Street and Storm Drainage Improvements 243 MacGregor Fields Cricket Pitch 243
Mayhews Landing Park Completion 244
Mel Nunes Sportsfield Park Completion 244
Mel Nunes Sportsfield Park Softball Outfield Net Replacement 244 Mel Nunes Sportsfield Park Splash Pad 245
Mel Nunes Sportsfield Park Storage Unit 245
Mel Nunes Sportsfield Park Synthetic Turf Fields – Additional Netting 245 Mirabeau Park Completion 246
Mowry Avenue Backup Wall and Landscape Improvements 246 Musick Park Completion 247
Newark Boulevard Backup Wall and Landscape Improvements 247 Newark Boulevard Complete Streets and Undergrounding Project 248 Newark Civic Center Technology 248
Newark Community Park Completion 249
Newark Community Park Restroom Restoration 249
Newark Community Park Well and Pump Replacement 250
NewPark Place Specific Plan Enhancement and Expansion 250 Packet Page 321
211

PROJECT PAGE
(projects in bold are new for 2024 – 2026; shaded projects are funded in 2024-2026) Newark Resource Center 250
Old Town PDA Streetscape Improvements (Design) 251
Old Town PDA Streetscape Improvements (Construction) 251 Park Grid Tree Work Project 252
Pedestrian Hybrid Beacon Installations 252
Police Department Barn Car Patrol Vehicle 252
Police Department Crime and Collision Scene Investigation Scanner 253 Police Department Patrol Vehicle 253
Police Department Patrol Vehicles (2) 253
Police Department Replacement Scheduling and Workforce Management Software 254 Police Department Unmarked Vehicles (2) 254
Police Department Utility Vehicle 254
Police Department Volunteer Radios 255
Portable Outdoor Stage 255
Public Works Maintenance Dump Truck 255
Public Works Maintenance Mini Excavator 256
Public Works Maintenance Mini Street Sweeper 256
Public Works Maintenance Robotic Mower 256
Public Works Maintenance Street Sweeper 257
Public Works Maintenance Supervisor Vehicles (2) 257
Public Works Maintenance Vehicles (2) 257
Public Works Maintenance Water Tank Spray Truck 258
Quiet Zones Implementation 258
Recreation and Community Services Mobile Recreation Van 259 Rental Housing Inspection Program Assessment 259
Revisions to City Truck Routes 260
Sanctuary Park Conceptual Design 260
Sea Level Rise Vulnerability Assessment and Adaptation Strategies 261 Second Chance Shelter Repairs 261
Security Cameras and Building Access Management 261
Senior Center Driveway Relocation 262
Senior Center HVAC Replacement 262
Senior Center – New Construction 262
Senior Center Repainting 263
Senior Center Room Divider 263
Service Center Perimeter Wall 263
Service Center Buildings – Painting 264
Service Center Clean Water Requirements 264
Service Center Fuel Island Replacement 264
Service Center Fuel Pump Island Drainage System 265
Service Center Fuel Tank Canopy 265
Service Center - Rear Garage Overhang Repairs 265
Service Center Skylights 266
Service Center Vacuum Truck Shelter 266
Service Center Waste Disposal Upgrades 266
Packet Page 322
212

PROJECT PAGE
(projects in bold are new for 2024 – 2026; shaded projects are funded in 2024-2026) Silliman Activity Center – Door Closers Replacement 267 Silliman Activity Center - Energy Conservation Measures 267 Silliman Activity Center – Gym and Dance Floor Refinishing 267 Silliman Activity Center – Light Control Board Replacement 268 Silliman Activity Center – Locker Room Flooring Replacement 268 Silliman Activity Center – Partial Roof Replacement 268 Silliman Activity Center – Partial Roof and Skylight Replacement 269 Silliman Activity Center – Preschool Playground Renovation 269 Silliman Activity Center – Shower Tile Replacement 269
Silliman Aquatic Center – Air Handler #2 Replacement 270 Silliman Aquatic Center – Hot Tub Replacement 270
Silliman Aquatic Center – NinjaCross Obstacle Course System 270 Silliman Aquatic Center – Pool Deck Replacement 271
Silliman Aquatic Center – Pool Sanitation System Retrofit 271 Silliman Aquatic Center – Water Slide Replacement 272
Silliman Aquatic Center – Water Tanks/Heater Replacement 272 Simulated Impaired Driving Experience 272
Softball Fields Retrofit – Scoreboards and Bleachers 273 St. Isabel Avenue Street Improvements Completion 273
Stevenson Boulevard Gateway Feature Renovation 273
Storage Facility at Service Center 274
Surplus Property Disposal – Old Fire Station No. 1 274
Susan Johnson Bridgepointe Park Completion 274
Thornton Avenue Complete Streets (Design) 275
Thornton Avenue Complete Streets (Construction) 275
Thornton Avenue Pavement Overlay, Phase 1 (I-880 to Olive Street) 276 Thornton Avenue Pavement Overlay, Phase 2 (Ash Street to Spruce Street) 276 Thornton Avenue Streetscape Improvements (Elm Street to Willow Street) 277 Title 17 (Zoning) Housing-related Assessment and Update 277 Traffic Signal at Cherry Street and Robertson Avenue 278 Traffic Signal at Jarvis Avenue and Haley Street 278
Traffic Signal at Jarvis Avenue and Spruce Street 278
Traffic Signal Interconnect – Design 279
Traffic Signal Interconnect – Implementation 279
Traffic Signal Preemption – Phase 2 280
Transition to Paperless Documents 280
Urban Forest Master Plan 281
Vehicle Miles Traveled Policy 281
Vehicle Pursuit Intervention Devices 282
Virtual History Museum 282
Virtual Reality Police Tactics Training System 283
Website Upgrades 283
Work Area and Cubicle Upgrades 283
Packet Page 323
213
ADA Transition Plan NEW
Critical Issue Quality of Life
Funding Source Community Development Maintenance Funds
Estimated Cost $250,000
Operating Impact Moderate Impact
Priority Level Level One – Legal/Regulatory Requirement; Safety Obligation Implementing Department Public Works
Contact Farrell
Year First Proposed 2024
Year Funded 2025
This project will provide the City with a comprehensive update of the Americans with Disabilities Act (ADA) Transition Plan. This document provides a complete inventory of accessibility needs for City buildings, properties and right-of-way areas. Information acquired through the Facilities Master Plan will help inform this document.

Active Transportation Plan
Critical Issue Quality of Life
Funding Source Community Development Maintenance Funds
Estimated Cost $195,000
Operating Impact Significant Permanent Impact
Priority Level Level One – Legal/Regulatory Requirement Implementing Department Public Works – Engineering
Contact Jung
Year First Proposed 2021
Year Funded 2023
This project will develop an Active Transportation Plan for the City, an update to the current Pedestrian and Bicycle Master Plan. The updated study will evaluate and recommend updates to active transportation policies, prioritized projects, project funding sources and other key plan elements to improve walking and biking conditions for all community members.

Annual Citywide Accessible Pedestrian Ramps (Ongoing)
Critical Issue Quality of Life
Funding Source Gas Tax / TDA Grant Funds
Estimated Cost $75,000/year
Operating Impact No Significant Impact
Priority Level Level One – Legal/Regulatory Requirement; Safety Obligation Implementing Department Public Works – Engineering
Contact Tat
Year First Proposed Annual
Year Funded 2024 and 2025
These projects will be part of an ongoing effort to retrofit existing handicap ramps at street intersections with detectable warning surfaces for conformance with current ADA requirements.

Packet Page 324
214
Annual Curb, Gutter, and Sidewalk Replacement (Ongoing) Critical Issue Public Safety Services
Funding Source Gas Tax
Estimated Cost $400,000 (2024); $400,000 (2025)
Operating Impact No Significant Impact
Priority Level Level One – Preservations of Existing Assets/Safety Obligations Implementing Department Public Works – Engineering
Contact Tat
Year First Proposed Annual
Year Funded 2024 and 2025
These projects provide for Citywide curb, gutter, and sidewalk replacement, as well as needed sidewalk grinding. Sites are prioritized and selected based on safety issues and functionality.

Annual Gas Tax Project Administration (Ongoing)
Critical Issue City Government Operations
Funding Source Gas Tax
Estimated Cost $24,000/year
Operating Impact No Significant Impact
Priority Level Level One – Preserve Existing Assets
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed Annual
Year Funded 2025 and 2026
This project provides funding for fees and costs associated with administering street and transportation related projects funded by gas taxes.

Annual Street Asphalt Concrete Overlay Program (Ongoing) Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $4,000,000/year
Operating Impact No significant impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Engineering
Contact Carmen
Year First Proposed Annual
Year Funded 2024 and 2025
These projects provide for annual patch paving, slurry seal applications, and asphalt concrete overlays for City streets. The current overall Pavement Condition Index (PCI) for Newark is 72.

This current level of investment is targeted to maintain that PCI level over the next 5 years.

Packet Page 325
215
Annual Street Tree Maintenance (Ongoing)
Critical Issue Public Safety Services
Funding Source Gas Tax
Estimated Cost $300,000/year
Operating Impact No Significant Impact
Priority Level Level One – Safety Obligations
Implementing Department Public Works – Landscape Parks Maintenance Contact Cianciarulo
Year First Proposed Annual
Year Funded 2024 and 2025
This project provides for ongoing street tree pruning, removal, and replacement. T Annual Thermoplastic Street Striping (Ongoing)
Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $25,000/year
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets/Safety Obligations Implementing Department Public Works – Engineering
Contact Carmen
Year First Proposed Annual
Year Funded 2024 and 2025
This project would continue the installation of thermoplastic striping and other paving markings at various locations as needed.

Annual Traffic Calming Measures (Ongoing)
Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $100,000/year
Operating Impact No Significant Impact
Implementing Department Public Works – Engineering
Contact Carmen
Year First Proposed Annual
Year Funded 2025 and 2026
This project provides funding for traffic investigations, traffic counts and design and construction of possible traffic calming measures in residential neighborhoods. While specific locations are not identified, this funding allows City staff to address traffic calming requests as they arise.

Packet Page 326
216
Arterial Landscape Median Upgrades
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $460,000
Operating Impact Moderate Impact
Implementing Department Public Works – Engineering
Priority Level Level Three
Contact Cangco
Year First Proposed 2022
Year Funded Not Funded
This project would install new median landscaping along Newark’s various arterials in accordance with previously adopted median landscaping standards and Bay Friendly Landscaping practices. This project replaces the following previously unfunded projects – Cherry Street Median Landscape Upgrade, between Thornton Avenue and the railroad crossing; Mowry Avenue Median Landscaping, between I880 and Cherry Street; and Cedar Boulevard Median Renovation – Phase 3, between Dupont Avenue and the Home Depot driveway.

Articulated Aerial Lift Truck (35’)
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $140,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works – Landscape Parks Maintenance Contact Icasiano
Year First Proposed 1997
Year Funded Not Funded
The City is responsible for the maintenance of approximately 18,000 trees, including approximately 13,000 street trees. The majority of street trees (9,600) are nearing maturity and are over 15 feet tall.

This proposed capital purchase includes a truck equipped with utility boxes and a hydraulicallyactuated aerial lift. This equipment will enable the City to respond to residents in a more timely manner and save money by removing unsafe hanging branches within one working day, removing unsafe trees, pruning street trees to facilitate street maintenance activities such as street sweeping and respond to other pruning requests such as street light, traffic signal and/or sign clearances.

Other uses for this equipment could include low-level park lighting maintenance, installation of Christmas lights and, if appropriate, emergency traffic signal maintenance. Currently, the City is spending in excess of $20,000 for emergency contract services. The life expectancy for this equipment is 15-20 years.

Packet Page 327
217
Bayside TOD Transit Station and Overcrossing – Construction Critical Issue Community Development
Funding Source Measure BB Discretionary Funds/Other Transportation Grant Funds Estimated Cost $11,500,000
Operating Impact Significant Permanent Impact
Implementing Department Public Works – Engineering
Priority Level Level Three
Contact Cangco
Year First Proposed Prior to 1995
Year Funded Not Funded
The Dumbarton (now known as "Bayside") Transit Oriented Development (TOD) Specific Plan identified the location for a transit station. This project would be the eventual Train Station for Dumbarton Rail; until the rail line is operational it would serve as a hub for bus transit, including Dumbarton Express, AC Transit, and private employer shuttles. The Transit Station would include 500 parking spaces, shelters, bus bays and a train platform including a grade separated Pedestrian overcrossing of the train tracks. The ultimate design, however, will be significantly influenced by the needs of the Dumbarton Rail Corridor as defined by the studies under way by Cross Bay Transit Partners (SAMTrans and Facebook) as part of the current public-private partnership exploration.

This project would fund the construction phase of the transit station and overcrossing.

Bayside TOD Transit Station and Overcrossing – Design
Critical Issue Community Development
Funding Source Impact Fees
Estimated Cost $700,000
Operating Impact No Significant Impact
Implementing Department Public Works – Engineering
Priority Level Level Three
Contact Cangco
Year First Proposed Prior to 1995
Year Funded Not funded
The Dumbarton (now known as "Bayside") Transit Oriented Development (TOD) Specific Plan identified the location for a transit station. This project would be the eventual Train Station for Dumbarton Rail; until the rail line is operational it would serve as a hub for bus transit, including Dumbarton Express, AC Transit, and private employer shuttles. The Transit Station, under its present preliminary scope, would include 500 parking spaces, shelters, bus bays and a train platform including a grade separated Pedestrian overcrossing of the train tracks. The ultimate design, however, will be significantly influenced by the needs of the Dumbarton Rail Corridor as defined by the studies under way by Cross Bay Transit Partners (SAMTrans and Facebook) as part of the current public-private partnership exploration. This project will fund the design portion of the transit station and overcrossing.

Packet Page 328
218
Birch Grove Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $3,380,000
Operating Impact Significant Permanent Impact
Implementing Department Public Works – Engineering
Priority Level Level Three
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Birch Grove Park is a community park in eastern Newark with a variety of existing amenities including grass fields, pedestrian pathways, playgrounds, restroom, group picnic areas, half-court basketball, softball field, and tennis courts. The Newark Citywide Parks Master Plan envisions Birch Grove Park to remain a community recreation facility while enhancing the site’s capacity to meet the identified recreational needs of the Newark community. The Master Plan proposes Birch Grove Park to have a community dog park, dedicated bike skills park, and two turf multi-sport fields as major community-serving projects. Additionally, the Master Plan proposes the creation of a reservable group picnic area and associated amenities such as volleyball and bocce ball courts. The site’s existing playgrounds and water play feature should additionally be updated to best meet the City’s recreation standards.

Birch Grove Park Softball Field Night Lighting
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $300,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2002
Year Funded Not Funded
The softball field at Birch Grove Park is currently night-lighted via relatively short floodlights. This project would replace those lights with new, taller and more efficient lighting standards.

Packet Page 329
219
Birch Grove Park Tennis Court Area Re-landscaping
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $125,000
Operating Impact Minor Impact
Priority Level Level Three
Implementing Department Public Works – Maintenance
Contact Connolly
Year First Proposed 2004
Year Funded Not Funded
The planned greenbelt area includes the non-turf planting areas adjacent to the tennis courts, and the tennis courts’ parking lot’s adjacent planters and median. This project would identify and correct soil and irrigation deficiencies, and install new landscape plantings that will enhance the aesthetic appearance of the southern edge of the park.

BMX Park Location Study and Conceptual Design
Critical Issue Quality of Life
Funding Source Community Development Maintenance Fund
Estimated Cost $150,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2022
Year Funded 2023
The Citywide Parks Master Plan identifies a future Bike Skills Park at Birch Grove Park but also clarifies that “a [final] location for a bicycle/BMX park would need to be determined through future study.” This project will further develop a conceptual plan for a future BMX bike park and perform a location study to determine a preferred location for the facility.

Packet Page 330
220
Byington Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $950,000
Operating Impact Significant Permanent Impact
Priority Level Public Works – Engineering
Implementing Department Level Three
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Byington Park is a designated neighborhood park that was planned as a component of the adjacent housing development. The site contains existing park amenities including a group picnic area, grass field, half-court basketball, school-age play area, and splash pad. To enhance the site as a component of Newark’s park system, the Newark Citywide Parks Master Plan proposes the update of Byington Park’s existing playground and adjacent water play area. An additional project was previously identified to add minimum energy efficient security lighting at the park.

Cast Iron Stormwater Inlet Grate Replacement Program Phase I Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $15,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department Public Works – Streets Maintenance Contact Icasiano
Year First Proposed 1998
Year Funded 2009
The current standard for storm water inlets (or catch basins) includes a fabricated steel grate design to allow as much water as possible into the inlet and yet prevent bike tires from dropping through.

Older inlets in the City typically have a cast iron grate, which have smaller openings and tend to clog. Also, removal of these heavy cast iron grates for both routine and emergency cleaning generally requires at least two maintenance workers. The City has a total of 91 cast iron inlet grates.

This project is part of the phased program to replace the cast iron grates with the steel grates. This first phase will replace approximately 15-25 catch basins.

Packet Page 331
221
Cedar Boulevard Complete Streets Project
Critical Issue Quality of Life
Funding Source Outside Funding/Gas Tax
Estimated Cost $2,800,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2024
Year Funded Not Funded
This project would provide for pavement resurfacing, buffered bicycle lanes, and upgraded pedestrian and transit user facilities on Cedar Boulevard between Central Avenue and Stevenson Boulevard. The project would fill pavement resurfacing gaps through this segment following other improvements to be completed by upcoming development projects. This project is a candidate for Federal funding opportunities.

Cedar Boulevard Linear Park – Areas 1, 3, 4
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $2,870,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
The Citywide Parks Master Plan identifies a total of 4 linear parks to be developed on the unimproved portion of Cedar Boulevard between Haley Street and Willow Street. A phased approach to development of the complete area is one possible approach.

The Newark Citywide Parks Master Plan sees the development of the Cedar Boulevard Linear Park as an opportunity to provide additional park facilities to the City. The Master Plan envisions Cedar Boulevard Linear Park to be a neighborhood-serving community park, divided into four segments of recreational open space connected through continuous pedestrian circulation. Amid the four segments of the linear park, the Master Plan proposes that Cedar Boulevard Linear Park include a community garden, dedicated bicycle and pedestrian pathways, and outdoor fitness areas as major community-serving features. Additionally, the Master Plan proposes three play areas to serve adjacent neighborhoods, and two decorative gardens for unique and local planting opportunities. A bike and pedestrian bridge over the Union Pacific Railroad will be necessary to complete the extension between Willow Street and Haley Street.

Packet Page 332
222
Cedar Boulevard Linear Park – Area 2
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $850,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded 2023
The Citywide Parks Master Plan identifies a total of 4 linear parks to be developed on the unimproved portion of Cedar Boulevard between Haley Street and Willow Street. A phased approach to development of the complete area is one possible approach. Linear Park 2 is the section of Cedar Boulevard between Bettencourt Street and Spruce Street. Improvements in this segment as identified in the Master Plan could include pedestrian and bicycle paths, a tot-age play area, a decorative garden and outdoor fitness equipment.

Central Avenue Median and Sidewalk Improvements (Construction) Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $250,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Tat
Year First Proposed 2022
Year Funded Not Funded
This project would fund the construction phase of the installation of median landscape improvements and completion of sidewalk improvements on Thornton Avenue between the western terminus of the Central Avenue Overcrossing Project and Willow Street. The project would also seek to install landscape improvements and edge treatment along the fence line in the area adjacent to the Alameda County Flood Control Channel near Filbert Street.

Packet Page 333
223
Central Avenue Median and Sidewalk Improvements (Design) Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $1,200,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Tat
Year First Proposed 2022
Year Funded Not Funded
This project would fund the design phase of the installation of median landscape improvements and completion of sidewalk improvements on Thornton Avenue between the western terminus of the Central Avenue Overcrossing Project and Willow Street. The project would also seek to install landscape improvements and edge treatment along the fence line in the area adjacent to the Alameda County Flood Control Channel near Filbert Street.

Central Avenue Overpass Phase 1 - Project Development
Critical Issue Quality of Life/Public Safety Services
Funding Source 2000 Measure B Funds
Estimated Cost $2,765,000
Operating Impact No Significant Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 1999
Year Funded 2013
This project will fund the project development phases of a four-lane grade separation structure (bridge overpass) at the railroad crossing on Central Avenue, between Sycamore Street and Filbert Street. Completion of the design will allow the City to compete for funding for subsequent phases.

The overpass will result in relief of traffic congestion at the tracks, providing enhanced vehicular, bicycle and pedestrian safety, and improved emergency response times.

Packet Page 334
224
Central Avenue Overpass Phase 2 – R/W and Construction
Critical Issue Quality of Life/Public Safety Services
Funding Source 2000 Measure B/Discretionary Measure BB Funds/Impact Fees Estimated Cost $35,000,000
Operating Impact Significant Permanent Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 1999
Year Funded TBD
This project will fund the right of way and construction of a four lane grade separation structure (bridge overpass) at the railroad crossing on Central Avenue, between Sycamore Street and Filbert Street. The overpass will result in relief of traffic congestion at the tracks, providing enhanced vehicular, bicycle and pedestrian safety, improved emergency response times, and elimination of the potential for at-grade accidents. The project will involve significant utility relocations.

This project is a listed Transportation project in the Impact Fee nexus analysis (19.3% maximum funding).

Cherry Street Median Modifications NEW
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $400,000
Operating Impact Moderate Impact
Implementing Department Public Works
Priority Level Level Three
Contact Cangco
Year First Proposed 2024
Year Funded 2025
This project would result in an extension of the southbound left turn lane pocket on Cherry Street approaching the Mowry Avenue intersection in order to provide improved traffic flow at this busy intersection. Following a request from the public, an initial traffic engineering analysis confirmed that the proposed modification would provide a benefit. Significant median modifications including irrigation and landscaping alterations, street paving and traffic signal detection loop modifications are required.

Packet Page 335
225
City Hall Security Upgrades
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $120,000
Operating Impact
Priority Level
Moderate Impact
Level Two – Service Level Increase
Implementing Department Public Works Maintenance
Contact Oeverndiek
Year First Proposed 2023
Year Funded 2024
This project would complete the installation of additional safety features in the City Hall public lobby areas as a follow-up to the security camera and building access management project. The scope of work includes the addition of full height glass at the first floor lobby counter, modification of doors for improved security and other physical modifications for increased employee and customer safety in public areas. Original funding from the Newark Civic Center project was retained for these improvements.

Citywide Building Painting
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $77,600
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed Annual
Year Funded 2017 and 2018
These projects provide for routine building painting as part of normal building maintenance. These projects have been phased out of the CIP budget and added to operating budget, but some project funding remains.

Citywide Building Roof Repairs
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $121,000
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed Annual
Year Funded 2017 and 2018
These projects will provide for the routine repair of building roofing as part of normal maintenance work. These projects have been phased out of the CIP budget and added to operating budget, but some project funding remains.

Packet Page 336
226
Citywide Building Upgrades
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $11,000
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed Annual
Year Funded 2017 and 2018
These projects will provide for routine repair or replacement of miscellaneous building items as part of normal maintenance work. These projects have been phased out of the CIP budget and added to operating budget, but some project funding remains.

Citywide Bus Shelters
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $2,400,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Community Development/Public Works Contact Turner/Cangco
Year First Proposed 2018
Year Funded Not Funded
This project would install additional bus shelters within the public right-of-way along AC Transit bus routes. Identification of priority locations and potential outside funding sources needs to be coordinated with AC Transit. There are currently only 13 bus shelters in the City that were installed with a prior advertising contract through AC Transit. There are approximately an additional 100 bus stops without shelters or benches in the City. A phased installation program is a potential option. However, given the uncertainty of current and future AC Transit services, this project is unfunded.

Packet Page 337
227
Citywide Crosswalk Evaluation and Modifications
Critical Issue Quality of Life
Funding Source Community Development Maintenance Funds
Estimated Cost $150,000 (2022)
Operating Impact Moderate Impact
Priority Level Level Two – Assessment Study
Implementing Department Public Works
Contact Jung
Year First Proposed 2020
Year Funded 2021 and 2022
This project will evaluate specific crosswalk locations in the City for potential safety enhancements and install recommended modifications. These locations would be those with a known or elevated pedestrian incident history. Modifications could include bulb-outs, enhanced crosswalk striping, signing or rapid-fire flashing beacons.

Citywide Document Scanning Services
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $150,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department City Manager’s Office
Contact Hovorka
Year First Proposed 2020
Year Funded Not Funded
This project would provide funding to scan and assign meta-tag data to paper documents into a searchable, electronic database. This service need is an important task in preparation for relocating city functions to the new civic center.

Citywide Geographic Information System (GIS) – Phase 2
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $150,000
Operating Impact Cost Savings
Priority Level Level Two – Service Level Increase
Implementing Department Information Technology
Contact Miranda
Year First Proposed 2002
Year Funded 2023
A GIS system is a computerized graphical mapping system which allows geographic information to be tied to a digital map and retrieved via specialized software. This geographic information can include site addresses, ownership information, City-owned utilities, zoning boundaries, aerial photography, etc. This project would provide for necessary hardware and software upgrades, specialized training for employees, expanded software licensing, and other data additions to the GIS to meet current needs.

Packet Page 338
228
Citywide Information Kiosks – Phase 1 Old Town
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $75,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Community Development
Contact Turner
Year First Proposed 2024
Year Funded Not Funded
This project includes design/planning and installation of kiosks in high-traffic areas such as shopping areas, civic areas, and parks to improve economic viability and communication with residents and business owners. The design of the kiosks can also contribute to building Newark’s identity as a city.

Maps, public projects, surveys, guides, events, classes, and other announcements could be posted on the kiosks. Phase 1 in Old Town would install kiosks in all three plaza areas.

Citywide Park Signage Program – Phase 1
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $80,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works - Engineering
Contact Reyes
Year First Proposed 2020
Year Funded 2021
Phase 1 of the program would develop a new standard design for all park identification signs throughout the City. The project could also potentially fund the installation of a first phase of new signs at parks with an identified need.

Citywide Parks Irrigation Systems Upgrade/Modification
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $170,000
Operating Impact Cost Savings
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Landscape Parks Maintenance Contact Connolly
Year First Proposed Annual
Year Funded 2017 and 2018
The irrigation systems and components in nine of the City parks are over 30 years old and three others were built in the 1980s. This project will take advantage of new technologies that will enable the City to better manage labor, parts, and material costs by renovating the existing irrigation systems and its components. These projects have been phased out of the CIP budget and incorporated as part of the operating budget, but some project funding remains.

Packet Page 339
229
Citywide Rail Station Alternatives Study
Critical Issue Quality of Life
Funding Source Community Development Maintenance Funds
Estimated Cost $80,000
Operating Impact No Significant Impact
Priority Level Level Two – Alternatives Study
Implementing Department Public Works - Engineering
Contact Cangco
Year First Proposed 2020
Year Funded 2021
This study will evaluate the desire and need for potential passenger rail transfer stations within the City. Although the General Plan is silent on potential for rail stations within the City, several passenger rail lines pass through Newark, including Capital Corridor, Amtrak, ACE and the potential Dumbarton Rail line. The study will analyze alternatives for potential locations and configurations of passenger rail transfer stations and will be performed in conjunction with Alameda County Transportation Commission’s Southern Alameda County Rail Study and the Dumbarton Rail Corridor Study by the San Mateo County Transit District and Cross Bay Transit Partners.

Citywide Trash Capture Devices – Phase 3
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $230,000
Operating Impact
Priority Level
Moderate Impact
Level One – Legal/Regulatory Requirement
Implementing Department Public Works – Engineering
Contact Scanlin
Year First Proposed 2018
Year Funded 2019
This project involves the installation of additional full trash capture devices in storm drain inlets for the purpose of reducing trash in the municipal separate storm sewer system. Regulatory: Installation of these devices will contribute to meeting trash reduction requirements under the Municipal Regional Storm Water Permit issued to the City by the Regional Water Quality Control Board.

Packet Page 340
230
Civic Center Building Modifications
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $870,000
Operating Impact
Priority Level
Moderate Impact
Level Two – Service Level Increase
Implementing Department Public Works Maintenance
Contact Connolly
Year First Proposed 2023
Year Funded 2024
This here are several smaller projects located at the new Civic Center buildings that were not part of the original project and are needed to enhance service levels. Projects include exterior and interior door modifications, window tinting, equipment additions, floor modifications, exterior building modifications, glass modifications and other improvements. Funds were reserved from the original project to complete these remaining items.

Civic Center Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $1,160,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Civic Center Park is a 5-acre neighborhood park in central Newark, adjacent to the City’s administration building and public library. The park currently has grass lawn, a perimeter path, two group picnic areas, a full court basketball, and a playground. The Newark Citywide Parks Master Plan envisions Civic Center Park to remain neighborhood oriented while improving the site as a civic destination through the addition of additional public gathering space. The Master Plan proposes Civic Center Park to include a small turf multi-sport field and a sheltered group picnic area as major community-serving projects. As amenities associated with the group picnic area, the Master Plan also proposes the addition of a volleyball court and an updated school-age play area. If the Newark Library is to be moved per future planning, Civic Center Park may also have a restroom added.

Packet Page 341
231
Clean-Up of CalTrans ROW and Landscaping (Thornton Ave/I-880) Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $200,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works – Maintenance
Contact Connolly
Year First Proposed 2022
Year Funded 2023
This project would perform maintenance and install landscape improvements at areas within State right-of-way adjacent to the Interstate 880 interchange at Thornton Avenue within Newark city limits.

Climate Action Plan Update
Critical Issue Quality of Life
Funding Source Community Development Maintenance Fund
Estimated Cost $197,000
Operating Impact Moderate Impact
Priority Level Level Two – Plan Update
Implementing Department Public Works – Environmental Services Contact Scanlin
Year First Proposed 2023
Year Funded 2024
This project will utilize the services of an experienced consultant to develop an update to the City’s existing Climate Action Plan Framework. The resulting document will be provide an analysis of future greenhouse gas reduction targets and recommend detailed polices and actions necessary to satisfy those future targets. The project will include significant community engagement.

Community Preservation Vehicle NEW
Critical Issue Government Operations
Funding Source Capital Funds
Estimated Cost $50,000
Operating Impact Minor Impact
Implementing Department Public Works/Community Development Priority Level Level Three
Contact Icasiano
Year First Proposed 2024
Year Funded 2025
The Community Preservation Manager oversees the Division, and part of those duties include work in the field, such as inspections or site assessments. The Community Preservation Manager does not currently have an assigned vehicle.

Packet Page 342
232
Cultural Arts Center
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $40,000,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed Prior to 1995
Year Funded Not Funded
This project would provide for land acquisition and construction of a 25,000 square-foot cultural arts center with seating for 600. The overall concept is based on the cultural arts center in Rohnert Park. Elements to be included are a main stage, supplemental stage, box office, control booth, dressing room, lobby/lounge, scenery workshop, office space and storage. There is no location currently identified for this future facility. This project is a listed Community Service and Facilities project in the Impact Fee nexus analysis (17.7% maximum funding). This project will be deferred until the Facilities Master Plan study has been completed.

Document Conversion
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $45,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department City Manager’s Office
Contact Harrington
Year First Proposed 2014
Year Funded Not Funded
This project would continue the ongoing effort to convert paper documents into electronic format.

Packet Page 343
233
Emergency Breaching Tools and Training NEW
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $46,000
Operating Impact Minor Impact
Implementing Department Police
Priority Level Level Two
Contact Arguello
Year First Proposed 2024
Year Funded 2025
The Police Department has not conducted formalized training in the area of deployment of forcible entry – breaching tools for officers that have not worked as part of the Department’s SWAT team during recent years.

Department staff believes that in order to improve response times for needed use of forcible entry - breaching tools, such as door rams, Halligan tools and bolt cutters at rapidly evolving emergency scenes (such as active shooters and other emergency rescue situations that may not be safe for other first responders) it would be beneficial for the Department to acquire and deploy additional breaching tools in the field at a fleet-wide level.

Although the use of such breaching tools may seem intuitive, further ensuring formalized training of officers who have not formally experienced the breaching training received by SWAT officers would ensure all officers are familiar with the appropriate deployment of breaching tools. Hence improving overall safety during resolution of incidents and reducing the incidence of injury.

In order to best accomplish the formalized training for both tenured and incoming personnel, staff also recommends the acquisition of a breaching - forcible entry training door.

Facilities Master Plan
Critical Issue City Government Operations
Funding Source Community Development Maintenance Funds
Estimated Cost $248,000
Operating Impact No Significant Impact
Priority Level Level Two – Assessment Study
Implementing Department Public Works
Contact Hovorka/Gonzalez
Year First Proposed 2020
Year Funded 2021
The purpose of this assessment study would be to identify the long term needs of the community regarding programs and the facilities needed to house those program; assess the feasibility and capacity of all existing City buildings to serve those functions long term; and evaluate what could potentially be the best use for each of the City’s existing buildings. The project will also focus on long-term maintenance needs.

Packet Page 344
234
Finance (ERP) System Program Upgrades
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $100,000
Operating Impact Cost Savings – Increased Efficiency
Implementing Department Finance
Contact Lee
Year First Proposed 2022
Year Funded 2023
This project will provide additional modules (such as payment receipts, parks and recreation class registrations, etc.) for our current ERP system which would allow for direct interfacing to the core financial system.

Finance System Replacement
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $1,250,000
Operating Impact Cost Savings – Increased Efficiency
Implementing Department Finance
Contact Lee
Year First Proposed 2004
Year Funded 2015 ($200,000) and 2016 ($1,050,000)
This project provides for the purchase of hardware, software and professional services to replace the City's existing financial system and companion modules.

Firearms Training System NEW
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $20,000
Operating Impact Minor Impact
Implementing Department Police
Priority Level Level Three
Contact Arguello
Year First Proposed 2024
Year Funded 2025
This Firearms Training System is a robotic moving target that is a tool for delivering range training programs with realistic use of force and de-escalation scenarios Packet Page 345
235
Fire Station No. 27 Cherry Street - Energy Efficient Windows Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $30,000
Operating Impact Cost Savings
Priority Level Level Three
Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed 2004
Year Funded Not Funded
This project provides for the replacement of single pane and low-performing dual pane windows at Fire Station No. 27. This would improve energy efficiency and also reduce traffic noise in the building from trucks on Cherry Street.

Fire Station No. 27 Cherry Street – Painting
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $32,000
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed 2018
Year Funded 2020
Fire Station No. 27 has not been painted in over 15 years and is in need of new paint (pricing includes tower).

Fire Station No. 27 Cherry Street – Roofing
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $55,000
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed 2018
Year Funded 2019-20
Fire Station No. 27’s roof replacement (spray foam) has several leaks over the living quarters and equipment bay. The two roofs currently have different applications of roofing (spray foam and shingle). This project proposes spraying over all roofing for consistency. Pricing includes permanent ladders (one from ground to roof and one from roof 1 to roof 2).

Packet Page 346
236
Fire Station No. 27 Cherry St. Training Tower – New Construction Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $2,000,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works - Engineering
Contact Cangco
Year First Proposed 2008
Year Funded Not Funded
While a training tower currently exists at Fire Station No. 27, this tower is not usable for live fire training. This long-term project would provide the improvements necessary to allow live fire training.

Fire Station No. 29 Ruschin Drive – Painting
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $23,000
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed 2018
Year Funded 2019-20
Fire Station No. 29 has not been painted in over 15 years and is in need of new paint.

Fire Station Nos. 27 and 29 Additional Fencing NEW
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $500,000
Operating Impact Moderate Impact
Implementing Department Public Works
Priority Level Level Three
Contact Connolly
Year First Proposed 2024
Year Funded 2025
Following a detailed evaluation of the need for fencing at Fire Station No. 27 and at Fire Station No. 29, an increase in scope is needed in order to provide the desired security at these locations. Fencing is needed to deter both vehicular and pedestrian access through each property. Wrought iron fencing with gate access points are recommended to ensure both security and visibility The project will need to be evaluated in terms of timing with other potential Fire Station improvement projects. An architectural design is needed.

Packet Page 347
237
Four Corners Area Plan NEW
Critical Issue Community Development
Funding Source Community Development Maintenance Funds
Estimated Cost $350,000
Operating Impact No Impact
Implementing Department Community Development
Priority Level Level Two
Contact Turner
Year First Proposed 2024
Year Funded 2025
The City adopted a Four Corners Area Plan in 1990. The 2023-2031 Housing Element Program H2.3 describes the creation of a community-driven land use plan to bring housing and retail to the For Corners area. The land use plan would be represented through an update to the Four Corners Area Plan (Plan). The Plan would consist of community engagement, with the objective of developing communityled decision-making around housing, commercial space and public infrastructure improvements. As a key element of the community-guided Four Corners Area Plan, the city will incorporate the Transit Oriented Communities (TOC) development policies and requirements as a portion of the Four Corners area is within a transit priority area.

Fuel Management System Replacement
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $75,000
Operating Impact Cost Savings
Priority Level Level Two
Implementing Department Public Works – Equipment Maintenance Contact Connolly
Year First Proposed 2014
Year Funded 2023
The fuel management system is used to control access and track usage of fuel supplied by the Service Center pump station for City vehicles. The current system is over 15 years old and no longer supported by the manufacturer.

Packet Page 348
238
History Museum – Phase 2B (Restoration and Construction) Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $3,000,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2000
Year Funded Not Funded
This project includes the restoration of Watkins Hall, construction of a support structure and site improvements. Development of displays for the museum would be a separate phase of this project. This does not include the ongoing operation and maintenance of the facility.

This project is a listed Community Service and Facility project in the Impact Fee nexus analysis (17.7% maximum funding). This project should be deferred until the Facilities Master Plan study has been completed.

History Museum – Phase 3 (Exhibits)
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $750,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2000
Year Funded Not Funded
This project would develop the exhibits and displays for the museum. This project includes displays in the main exhibit hall, entry area and second floor. The work includes preparing an acquisition policy, research, interpretation, cataloging the collection and developing a database of the acquisitions, building the exhibit cases and preparing the artifacts for exhibition. This does not include the ongoing operation and maintenance of the exhibits.

This project is a listed Community Service and Facility project in the Impact Fee nexus analysis (17.7% maximum funding). This project should be deferred until the Facilities Master Plan study has been completed.

Packet Page 349
239
Housing Programs – Implementation of Adopted Housing Element NEW Critical Issue Community Development
Funding Source Community Development Maintenance Funds
Estimated Cost $450,000
Operating Impact No Impact
Implementing Department Community Development
Priority Level Level Two
Contact Turner
Year First Proposed 2024
Year Funded 2025
This project implements other Housing Element programs that are not necessarily related to Title 17 amendments and special land use studies. Examples of programs include renter protection, accessible and developmentally disabled housing programs, housing rehabilitation and repair, universal design ordinance, anti-displacement, just-cause evictions, marketing and community outreach (particularly in multiple languages), shared housing, regional housing assistance, amendments to the building code, training programs, and housing monitoring programs.

Information Technology Vehicle NEW
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $80,000
Operating Impact Minor Impact
Implementing Department Public Works/Information Technology Priority Level Level Three
Contact Icasiano
Year First Proposed 2024
Year Funded 2025
The Information Technology Department is in need of a new vehicle for staff use in servicing multiple City sites. The vehicle needs to have sufficient cargo area to transport computer equipment on a regular basis. This vehicle can be used as a pool car by other departments.

Irrigation Mainline Partial Replacement at Community Park Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $200,000
Operating Impact Cost Savings
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Landscape Parks Maintenance Contact Cangco
Year First Proposed 2008
Year Funded 2015
The main irrigation line at Community Park is over 40 years old and is made of Asbestos Composite Pipe. Repairs are limited to attaching a coupling to seal leaks due to stringent Hazardous Material Safety Guidelines. This project would replace the segment of mainline that runs along the section of the park nearest the tennis courts with a new alignment.

Packet Page 350
240
Jerry Raber Ash Street Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $1,010,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Jerry Raber Ash Street Park is a community-serving neighborhood park in western Newark. The park is a well-used and active recreation facility with existing amenities including sheltered group picnic areas, playgrounds, full court basketball, grass lawn, pedestrian paths, two softball fields, and a restroom. The site additionally includes the privately operated Viola Blythe Community Service Center of Newark, a Head Start preschool facility, and a segment of the Hetch Hetchy right-of-way under the jurisdiction of the San Francisco Public Utilities Commission.

The Newark Citywide Parks Master Plan envisions Jerry Raber Ash Street Park to remain a neighborhood park while enhancing the site’s recreational capacity to meet the active needs of the park’s existing users and the community of Newark. The Newark Parks Master Plan proposes several projects to strengthen the site’s capacity as a recreational facility. These projects include the creation of a natural turf multi-sport field, an additional group picnic site, a volleyball court, and updated playgrounds. Additionally, a decorative garden and several bocce ball courts are proposed.

Jerry Raber Ash Street Park Sports Facilities
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $95,600
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2022
Year Funded 2023
The Newark Citywide Parks Master Plan proposes several improvements at Jerry Raber Ash Street Park to strengthen the site’s recreational capacity to meet the active needs of the park’s existing users and the community of Newark. This project would install a volleyball court, bocce ball court and a natural turf multi-sport field.

Packet Page 351
241
Lakeshore Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $1,750,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Lakeshore Park is a neighborhood park located in northwest Newark. The park is comprised of a man made body of water surrounded by a perimeter network of pedestrian pathways and grass lawn.

The Newark Citywide Parks Master Plan envisions the activation of Lakeshore Park through an updated par course fitness trail and improved recreation amenities for community gathering. The Master Plan recommends the creation of a new school-age play area, and associated seating, as well as four new outdoor fitness areas to create an active pedestrian and fitness circuit along the perimeter of the park. Additionally, an update to the site’s existing boathouse is recommended to better serve user needs.

Lakeshore Park Lake Water Quality Analysis
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $25,000
Operating Impact No Significant Impact
Implementing Department Public Works – Engineering
Contact Tat
Year First Proposed 2008
Year Funded 2010
The summer months bring an algae bloom to the Lake due to the rise in water temperature. The depth of the water has decreased from sediment deposits which allow the water to more easily heat.

The Lake deposits consist mainly of street storm drain runoff sediment, decomposed plant material and waterfowl feces deposits. An updated water quality study of the lake waterbody needs to be completed to develop long-terms strategies for improved water quality conditions.

Packet Page 352
242
Lakeshore Park Landscape Restoration
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $326,000
Operating Impact Moderate Impact
Priority Level Level Two – Final Project Phase
Implementing Department Public Works
Contact Tat
Year First Proposed 2016
Year Funded 2017
This project provides for the restoration of targeted areas impacted by the Lakeshore Park Seawall Installation project, pending the resolution of current drought conditions. The project would conform to requirements under the California Model Water Efficient Landscape Ordinance and Bay Friendly Landscape Guidelines and was combined with the previously funded Geese Deterrent Landscaping project.

Lakeshore Park Restrooms
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $350,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2020
Year Funded Not Funded
The installation of a restroom at Lakeshore Park is included in the Citywide Parks Master Plan; however, it was assigned a “Priority Level” of 6, with “Priority Level 1” projects identified as those with the highest priority in the master plan document. Due to concerns regarding vandalism and crime prevention, use of prefabricated single-occupancy restroom units in lieu of more traditional restroom facilities will be evaluated by staff.

Lakeshore Park Tree Project
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $50,000
Operating Impact Minor Impact
Priority Level Level One - Safety
Implementing Department Public Works – Landscape Parks Maintenance Contact Cianciarulo
Year First Proposed 2018
Year Funded 2019
This project will include the removal of several very large Eucalyptus trees, Willow trees, Myoporum trees and Pine trees and installation of at least 15 new trees throughout the park.

Packet Page 353
243
Lindsay Tract Street and Storm Drainage Improvements
Critical Issue Quality of Life
Funding Source Gas Tax/Area Improvement District
Estimated Cost $5,000,000
Operating Impact No Significant Impact
Priority Level Level Two – Consensus Priority
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2004
Year Funded 2019-20 ($3,500,000), 2022-23 ($500,000), 2023-24 ($1,000,000) The Lindsay Tract includes streets in the area of George Avenue and Magnolia Street. These streets have sidewalks and full street paving, but do not have vertical curbs and gutters. Due to the lack of adequate slopes on the streets, water ponds along the gutters during the rainy season. This has resulted in significant and ongoing deterioration of the rolled asphalt gutters, driveways and the street paving. A complete reconstruction of the roadway is necessary. Given the extent of front yard encroachments, the effective street width is limited to 42 feet. The project would include the replacement of existing sidewalks with reinforced concrete, replacement of rolled asphalt concrete curbs with rolled concrete curbs slot drains. This project should also include street construction on the segment of Birch Street between Thornton Avenue and Baine Avenue where there is no existing curb, gutter, and sidewalk. An Area Improvement District would be proposed for a portion of the project funding.

MacGregor Fields Cricket Pitch
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $100,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2022
Year Funded 2023
MacGregor Community Playfields is located adjacent to Newark Community Park on land leased from the Newark Unified School District. The project would install a permanent cricket pitch within a portion of the existing playfields.

Packet Page 354
244
Mayhews Landing Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $1,090,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Mayhews Landing Park is a designated neighborhood park near central Newark with existing recreational amenities that include grass lawn, a perimeter path, playgrounds, an un-sheltered group picnic site, and full court basketball. To enhance the site as a part of Newark’s park system, the Newark Citywide Parks Master Plan proposes the update of the Park’s existing playgrounds and the addition of a volleyball court as an amenity associated with the existing group picnic area.

Mel Nunes Sportsfield Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $1,483,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works
Contact Cangco
Year First Proposed 2017
Year Funded 2023
The Newark Citywide Parks Master Plan envisions Mel Nunes Sportsfield Park as a destination sport and recreation facility for the City of Newark. In addition to the recently completed all-weather artificial turf fields and community skate park, the Master Plan proposes that the park provide several updated natural turf fields as a major community-serving project. Additional proposed facilities include group picnic areas, a playground, and concession stand with restroom.

Mel Nunes Sportsfield Park Softball Outfield Net Replacement Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $30,000
Operating Impact Minor Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Parks Maintenance Contact Perez
Year First Proposed 2020
Year Funded 2021
This project will replace the safety netting that runs along the softball field outfield fence that protects the Silliman Center parking lot from potential home run balls.

Packet Page 355
245
Mel Nunes Sportsfield Park Splash Pad
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $550,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
The Newark Citywide Parks Master Plan proposes the installation of a splash pad and water play features at Mel Nunes Sportsfield Park. These improvements were subsequently removed from the scope and estimated cost of the ‘Mel Nunes Sportsfield Park Completion’ project prior to the funding of that project in Fiscal Year 2023.

Mel Nunes Sportsfield Park Storage Unit NEW
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $60,000
Operating Impact Minor Impact
Implementing Department Public Works
Priority Level Level Three
Contact Connolly
Year First Proposed 2024
Year Funded 2025
The Maintenance Division is in need of a Connex (storage) unit at Mel Nunes Sportsfield Park to store items that utilized in the ongoing maintenance of the all-weather turf fields. Storage of this equipment on-site will improve efficiency of these operations for the Division.

Mel Nunes Sportsfield Park Synthetic Turf Fields - Additional Netting Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $50,000
Operating Impact Minor Impact
Priority Level Level Two
Implementing Department Public Works – Parks Maintenance Contact Reyes
Year First Proposed 2022
Year Funded 2023
This project will install additional netting behind the soccer goal areas to help prevent errant balls from entering the neighboring private parcels.

Packet Page 356
246
Mirabeau Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $680,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Mirabeau Park is designated a neighborhood park located in northwest Newark. The site’s existing recreation amenities include grass lawn, pedestrian paths, and a playground. To enhance the site as a component of Newark’s park system, the Newark Citywide Parks Master Plan proposes the update of the existing playground and the addition of a volleyball court and half-court basketball to activate the site for enhanced recreational use. A prior identified need was energy-efficient park security lighting for $40,000. This is included in the total estimated cost.

Mowry Avenue Backup Wall and Landscape Improvements
Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $900,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2004
Year Funded Not Funded
This project would include installation of a precast concrete backup wall along westbound Mowry Avenue and improve both median and backup landscaping on Mowry Avenue between I-880 and Cherry Street. This would be a future phase of the City's Arterial Beautification Program and could be broken down into two or three smaller projects.

Packet Page 357
247
Musick Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $720,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Musick Park is a 1-acre neighborhood park located in northeast Newark. The park’s existing amenities include grass lawn, a playground, and a pedestrian path utilized for passive recreation. The Newark Citywide Parks Master Plan recommends the update of the existing playground and the addition of seating as well as a perimeter fence. Fencing is recommended due to the high traffic volume on Cedar Boulevard. These features will improve user comfort and safety and enhance the site as a component of the City’s larger park network.

Newark Boulevard Backup Wall and Landscape Improvements Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $1,200,000
Operating Impact Moderate Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2004
Year Funded Not Funded
This project would include installation of a precast concrete backup wall where needed and improve both median and backup landscaping on Newark Boulevard between Civic Terrace Avenue and Ruschin Drive. This project is identified as phase five of the City's Arterial Beautification Program.

Packet Page 358
248
Newark Boulevard Complete Streets and Undergrounding Project Critical Issue Quality of Life
Funding Source Outside Funds/Gas Tax
Estimated Cost $6,800,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2024
Year Funded Not Funded
This project would provide for the undergrounding of existing overhead utility lines, median width reduction, placement of buffered bicycle lanes, pedestrian transit user infrastructure upgrades, landscaping improvements, and pavement resurfacing. The project segment is Cedar Boulevard to Thornton Avenue. Newark Boulevard is on the National Highway System and is a good candidate for Federal funding opportunities.

Newark Civic Center Technology
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $37,000
Operating Impact Moderate Impact
Priority Level Level Two – Service Level Increase
Implementing Department Information Technology
Contact Miranda
Year First Proposed 2021
Year Funded 2021
This project provides funding for general technology upgrades needed concurrent with the New Civic Center buildings.

Packet Page 359
249
Newark Community Park Completion
Critical Issue Quality of Life
Funding Source Park Impact Fee
Estimated Cost $3,860,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2017
Year Funded Not Funded
Newark Community Park is one of the City’s largest and most active community parks. Located in northern Newark, the park contains grass lawn, pedestrian pathways, playgrounds, picnic areas, full court basketball, wall ball, tennis courts, and a restroom. The park is adjacent to the City’s Community Center.

The Newark Citywide Parks Master Plan envisions Newark Community Park to be a community open space with destination recreation features that will increase the site’s capacity to meet the City’s identified recreational needs. The Master Plan proposes the park to have a community dog park (see separate “Dog Park at Newark Community Park” project), accessible multi-age playgrounds, and reservable picnic sites.

It is also recommended that the proposed picnic sites provide associated recreation features including volleyball courts, basketball, and an updated (replacement) restroom. The addition of the proposed updates and recreation projects will enhance the park’s ability to meet the community’s current and future recreational needs.

Newark Community Park Restroom Restoration
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $60,000
Operating Impact Significant Permanent Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Engineering
Contact Connolly
Year First Proposed 2017
Year Funded 2019
The Newark Community Park Completion plan includes a component for complete replacement of the existing restroom. A complete replacement is currently unfunded. As an interim measure, the existing restroom can be restored with new fixtures, painting, and other interior and exterior improvements to extend the life of the facility and provide a more pleasant environment for park users.

Packet Page 360
250
Newark Community Park Well and Pump Replacement
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $165,000
Operating Impact Minor Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Parks Maintenance Contact Tat
Year First Proposed 2022
Year Funded 2023
Replacement of well pipe, submersible pump, pump motor, electrical components, and various other equipment required to rehabilitate the well system at Newark Community Park.

NewPark Place Specific Plan Enhancement and Expansion NEW Critical Issue Community Development
Funding Source Community Development Maintenance Funds
Estimated Cost $300,000
Operating Impact No Impact
Implementing Department Community Development
Priority Level Level Two
Contact Turner
Year First Proposed 2024
Year Funded 2025
This project would advance the work done to update the NewPark Place Specific Plan in 2021, which focused mainly on the Mixed Use I area that re-envisioned the NewPark Mall. This new effort would focus on the Mixed-Use II area in terms of refining the streetscape, refinement of uses and focus on massing of buildings for dense projects. In addition, staff would look for opportunities to expand the boundaries of the Specific Plan and ensure that those areas are internally consistent with the rest of the project but also identify future development opportunities for retail, office, hotel, and housing.

Newark Resource Center
Critical Issue Quality of Life
Funding Source Outside Grant Funds
Estimated Cost $1,800,000
Operating Impact Significant Permanent Impact
Implementing Department Public Works/City Manager’s Office Priority Level Level Two – Service Level Increase
Contact Oeverndiek/Gonzalez
Year First Proposed 2021
Year Funded 2024
This project will convert the existing Head Start Building at Jerry Raber Ash Street Park to the Newark Resource Center, a location for community members to seek assistance related a variety of social program opportunities in the local area.

Packet Page 361
251
Old Town PDA Streetscape Improvements (Design)
Critical Issue Quality of Life
Funding Source Gas Tax
Estimated Cost $1,000,000
Operating Impact No Significant Impact
Priority Level Level One
Implementing Department Public Works - Engineering
Contact Tat
Year First Proposed 2016
Year Funded 2021
This project would fund the design phase of the streetscape improvements within the Old Town Priority Development Area (PDA) as identified in the Old Town PDA Specific Plan.

Improvements would include street lights and pedestrian scale lighting, benches, trash receptacles, public art, gateway features and could include sidewalk widening, pedestrian blub-outs, traffic calming, pavement resurfacing, bike lanes and street parking reconfiguration.

Old Town PDA Streetscape Improvements (Construction)
Critical Issue Quality of Life
Funding Source Outside Grants – Federal, State and Regional Estimated Cost $12,000,000
Operating Impact Moderate Impact
Priority Level Level One
Implementing Department Community Development/Public Works - Engineering Contact Tat
Year First Proposed 2016
Year Funded 2025
This project funds the construction phase of the streetscape improvements within the Old Town Priority Development Area as identified in the Old Town PDA Specific Plan. Improvements would include street lights and pedestrian scale lighting, benches, trash receptacles, public art, gateway features and could include sidewalk widening, pedestrian blub-outs, traffic calming, pavement resurfacing, bike lanes and street parking reconfiguration.

Packet Page 362
252
Park Grid Tree Work Project
Critical Issue Quality of Life
Funding Source Park Impact Fees
Estimated Cost $250,000
Operating Impact Moderate Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Landscape Parks Maintenance Contact Cianciarulo
Year First Proposed 2020
Year Funded 2023 ($125,000), 2024 ($125,000)
This project would help standardize the level of tree maintenance across all City parks. All City park trees would be placed on a schedule for pruning every four years; hazardous trees and tree species would be identified and removed; and new trees would be planted on an annual basis.

Pedestrian Hybrid Beacon Installations NEW
Critical Issue Quality of Life
Funding Source Gas Tax Funds
Estimated Cost $800,000
Operating Impact Significant Impact
Implementing Department Public Works - Engineering
Priority Level Level One
Contact Jung
Year First Proposed 2024
Year Funded 2025
As a result of the Citywide Crosswalk Evaluation studies, some intersections have been identified for improvements. The existing crosswalks located on Newark Boulevard at Brittany Drive/Ruschin Drive and on Cedar Boulevard at Milani Avenue have been identified as appropriate locations for the installation of pedestrian hybrid beacons to improve pedestrian traffic safety.

Police Department Barn Car Patrol Vehicle
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $80,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2020
Year Funded 2021
The City had one “barn” (reserve) patrol car that was deployed for the replacement of another patrol unit; upon deployment, another patrol unit was taken out of service. This project would purchase of a second fully equipped barn car to ensure no shortage of patrol units.

Packet Page 363
253
Police Department Crime and Collision Scene Investigation Scanner Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $84,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department Police
Contact Arguello
Year First Proposed 2022
Year Funded 2023
Purchase of a laser scanner to document the scene and evidence in crime scene and collision investigations. The technology takes a 3D laser scan of the entire crime scene area as well as photographs.

Police Department Patrol Vehicle
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $80,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2020
Year Funded 2021
This project funds the addition to fleet of one new patrol vehicle build due to overlapping in shifts, during which there is a need for additional units. The addition of one Dodge Charger is proposed to ensure there are sufficient vehicles during those overlap periods.

Police Department Patrol Vehicles (2) NEW
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $200,000
Operating Impact Moderate Impact
Implementing Department Public Works/Police
Priority Level Level Two
Contact Icasiano
Year First Proposed 2024
Year Funded 2025
The Police Department has identified the need for two (2) additional patrol vehicles to add to the existing fleet. The additional vehicles are necessary to align with current staffing levels in the department.

Packet Page 364
254
Police Department Replacement Scheduling and Workforce
Management Software
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $75,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Police
Contact Arguello
Year First Proposed 2020
Year Funded 2021
This project provides for the purchase of software and professional services to replace the Police Department’s existing scheduling and workforce management system. The project requires coordination with the Finance Department and the Human Resources Department.

Police Department Unmarked Vehicles (2) NEW
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $135,000
Operating Impact Moderate Impact
Implementing Department Public Works/Police
Priority Level Level Two
Contact Icasiano
Year First Proposed 2024
Year Funded 2025
The Police Department has identified the need for two (2) unmarked vehicles to supplement the existing fleet. Unmarked vehicles serve a variety of essential operational needs for the department.

Police Department Utility Vehicle
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $12,500
Operating Impact Minor Impact
Priority Level Level Three
Implementing Department Police
Contact Arguello
Year First Proposed 2022
Year Funded 2023
Purchase of an all-terrain light weight utility vehicle designed for emergency response versatility. This piece of equipment can provide a quick and efficient method of response for patrol personnel to multiple situations.

Packet Page 365
255
Police Department Volunteer Radios
Critical Issue Public Safety Services
Funding Source Capital Funds
Estimated Cost $20,000
Operating Impact Minor Impact
Priority Level Level Three
Implementing Department Police
Contact Arguello
Year First Proposed 2022
Year Funded 2023
Purchase of four handheld radios for police volunteers. Handheld radios provide the ability to communicate immediately during an emergency and at other times when the speed of communication is paramount. Realtime communication is quick and efficient, and the use of handheld radios keep all staff connected in case of an emergency so resources can respond quickly and efficiently to mitigate the situation.

Portable Outdoor Stage
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $20,000
Operating Impact Minor Impact
Priority Level Level Three
Implementing Department Recreation and Community Services Contact Cuevas
Year First Proposed 2022
Year Funded 2023
Purchase of a portable outdoor stage for City events. Purchase would also include accessible ramp attachment and equipment needed for storage and installation of the equipment.

Public Works Maintenance Dump Truck
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $80,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2022
Year Funded 2023
The Service Center currently possesses a 10-yard dump truck; however, it is currently out-of-service for day-to-day operations due to California Air Resources Board (CARB) non-compliance. This project will purchase a replacement 3.5-ton dump truck to service the City.

Packet Page 366
256
Public Works Maintenance Mini Excavator
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $120,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2024
Year Funded Not Funded
A mini excavator would be beneficial to Maintenance Division operations to assist at job sites where significant excavation is required but the work area is too small or partially inaccessible to the full-size backhoe. Significant hand digging is required at such locations which ultimately reduces efficiency.

Public Works Maintenance Mini Sweeper
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $260,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2022
Year Funded 2023
Purchase of a small-scale street sweeper to clean between curb and gutter and bollards associated with the Class IV separated bike lanes planned throughout the City as recommended in the City’s Pedestrian and Bicycle Master Plan. The distance between curb and bollards will be between 6-8 feet, thus necessitating the need for a much smaller and more agile street sweeper capable of providing street sweeping services for long distances, along major traffic routes, safely and efficiently.

Public Works Maintenance Robotic Mower
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $25,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2024
Year Funded Not Funded
A future purchase of a robotic mower would increase operational efficiency in areas with steep slopes where the use of standard mowers is not viable. This unit would be particularly beneficial at the future Grand Park in the Bayside Newark area once maintenance obligations shift from the developer to the City.

Packet Page 367
257
Public Works Maintenance Street Sweeper NEW
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $500,000
Operating Impact Moderate Impact
Implementing Department Public Works
Priority Level Level Two
Contact Icasiano
Year First Proposed 2024
Year Funded 2025
An additional street sweeping unit is needed to improve overall street sweeping operations for the City.

With recent staffing additions to the Street Maintenance Section of the Maintenance Division, there is now increased capacity to provide a higher level of service with multiple sweepers running concurrently.

The additional unit would be equipped with options to provide more flexibility for sweeping operations.

Public Works Maintenance Supervisor Vehicles (2) NEW
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $160,000
Operating Impact Moderate Impact
Implementing Department Public Works
Priority Level Level Two
Contact Icasiano
Year First Proposed 2024
Year Funded 2025
An The City recently add two supervisory positions in the Maintenance Division of the Public Works Department. These supervisors represent an increase in personnel for the division and there is a need for two additional vehicles for maintenance operations.

Public Works Maintenance Vehicles (2)
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $60,000 (2021); $60,000 (2022)
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works
Contact Icasiano
Year First Proposed 2020
Year Funded 2021 and 2022
Maintenance staff have historically doubled-up in work vehicles due to a shortage of available maintenance vehicles. This have been impactful during peak work periods. This project provides for the purchase and outfitting of two new Ford F-250s maintenance personnel.

Packet Page 368
258
Public Works Maintenance Water Tank Spray Truck NEW
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $250,000
Operating Impact Moderate Impact
Implementing Department Public Works
Priority Level Level Three
Contact Icasiano
Year First Proposed 2024
Year Funded 2024
A new water tank spray truck is needed for the Maintenance Division to help ensure that new trees located on streets and medians with no irrigation systems can be watered on a regular basis. This investment will help the City with anticipated objectives in the upcoming Climate Action Plan Update and Urban Forest Master Plan
Quiet Zones Implementation
Critical Issue Quality of Life
Funding Source Other Grants – State and Regional
Estimated Cost $8,000,000
Operating Impact Permanent Significant Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2021
Year Funded Not Fully Funded
For safety, Federal and State laws currently require trains sound their whistles in a certain pattern and loudness as the trains approach crossings with roadways. The law does make provisions for the establishment of Quiet Zones under certain circumstances to either eliminate or modify the hours when train horns will be sounded at these crossings. A study has been completed indicating that all active at-grade crossings in Newark would qualify for the implantation of quiet zones.

Designs are currently underway for all crossings and additional outside funding sources are being pursued. State funding through Assemblymember Alex Lee in the amount of $2 million has been received and another $2 million is anticipated through Regional Measure 3 in 2024.

Packet Page 369
259
Recreation and Community Services Mobile Recreation Van Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $70,000
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Recreation and Community Services Contact Cuevas/Icasiano
Year First Proposed 2022
Year Funded 2023
Purchase a van to allow expanded access to pop-up style recreation opportunities in the Newark Community. Funds would also include the outfitting of the truck and supplies.

Rental Housing Inspection Program Assessment NEW
Critical Issue Community Development
Funding Source Community Development Maintenance Funds
Estimated Cost $150,000
Operating Impact Moderate Impact
Implementing Department Community Development
Priority Level Level Two
Contact Turner
Year First Proposed 2024
Year Funded 2024
A feasibility study assessing rental housing stock in the City of Newark and determining the need for a Rental Inspection program. This study will also prescribe funding sources and implementation of the program, which is expected to be a cost-recovery model funded by licensing or permitting costs paid by property owners who are part of the program, assess if current staffing levels will support such a program, and determine the cadence of proactive inspections. The cadence of the inspections may be determined by items such as the age of the building, number of units, permit history, and a history of complaints.

Owners of rental properties are responsible for maintaining their buildings in compliance with minimum housing standards. Newark currently depends on complaints from tenants to investigate allegations of substandard housing. Often, these investigations result in finding violations that impact not only the initial tenant but also the health and safety of all the occupants. Tenants are often hesitant to report substandard housing conditions for fear of retaliation, up to and including eviction.

A proactive inspection program would allow Newark to inspect rental stock to ensure they meet minimum housing standards and that all building maintenance and repairs are done in accordance with current building codes. A proactive inspection program ensures our residents are afforded a clean, safe, and healthy place to live.

Packet Page 370
260
Revisions to City Truck Routes
Critical Issue Quality of Life
Funding Source Community Development Maintenance Fund
Estimated Cost $73,370
Operating Impact Minor Impact
Priority Level Level Two – Service Level Increase
Implementing Department Public Works - Engineering
Contact Jung
Year First Proposed 2023
Year Funded 2023
The City has a relatively high number of designated truck routes. A project is underway with a traffic engineering consultant to evaluate all truck routes in an effort to reduce impacts in areas that have recently transitioned to more residential uses. Such modifications can result in fewer impacts on nonarterial streets, thereby reducing pavement maintenance costs. Public Works Engineering is coordinated this effort with the Police Department and the Community Development Department.

Sanctuary Park Conceptual Design
Critical Issue Quality of Life
Funding Source Community Development Maintenance Fund
Estimated Cost $150,000
Operating Impact No Significant Impact
Priority Level Level Two – Master Plan Study
Implementing Department Public Works – Engineering/Recreation and Community Services Contact Cangco
Year First Proposed 2022
Year Funded 2023
Sanctuary Park, located within the Sanctuary Village residential subdivision, was not included in the Citywide Parks Master Plan. Therefore, development of a conceptual park improvement plan or ranking of those improvements against other projects in the Parks Master Plan never occurred. The project will amend the Citywide Parks Master Plan to add Sanctuary Park, develop a conceptual park improvement plan, and perform a prioritization analysis based on recommendations and input from residents and the surrounding communities.

Packet Page 371
261
Sea Level Rise Vulnerability Assessment and Adaptation Strategies Critical Issue Quality of Life
Funding Source Community Development Maintenance Fund
Estimated Cost $275,000
Operating Impact No Significant Impact
Priority Level Level Two – Master Plan Study
Implementing Department Public Works Environmental Services Contact Scanlin
Year First Proposed 2023
Year Funded 2024
This project will utilize a consultant with expertise in the field of sea level rise assessment and mitigation to develop a comprehensive planning document. The study will include an assessment and modeling of the local area to assess public and private vulnerabilities for varying scenarios of sea level rise and multiple time horizons. Adaptation strategies will be developed to address long-term needs for the protection of local property and infrastructure. The adaptation component requires coordination with other local and regional efforts. The project will include significant outreach with the local community and regional stakeholders.
.

Second Chance Shelter Repairs NEW
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $100,000
Operating Impact Minor Impact
Implementing Department Public Works
Priority Level Level Three
Contact Connolly
Year First Proposed 2020
Year Funded 2024
This project would provide much needed repairs to various areas in the Second Chance Homeless Shelter, including retrofit of the foundation and partial replacement and/or repairs to the sewer system.

Other repairs include replacement of the flooring in the hallway, kitchen, and pantry.

Security Cameras and Building Access Management
Critical Issue Quality of Life/Public Safety Services
Funding Source Capital Funds
Estimated Cost $1,352,000
Operating Impact Moderate Impact
Priority Level Level Two
Implementing Department Information Technology
Contact Miranda
Year First Proposed 2006
Year Funded 2024
This project will install exterior and interior security camera systems and update building access management infrastructure at multiple City facilities.

Packet Page 372
262
Senior Center Driveway Relocation NEW
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $60,000
Operating Impact Minor Impact
Implementing Department Public Works
Priority Level Level Three
Contact Cangco
Year First Proposed 2024
Year Funded 2024
This initiative aims to evaluate the primary driveway entrance at the Clark W. Redeker Newark Senior Center with a focus on enhancing the safety of guests entering and exiting the facility. Presently, there exists a blind spot for those leaving the center due to oncoming traffic. This project will provide for a full evaluation and some potential interim solutions. A major relocation of the driveway would result in additional costs.

Senior Center HVAC Replacement
Critical Issue Quality of Life
Funding Source Potential CDBG Project
Estimated Cost $50,000
Operating Impact Cost Savings
Priority Level Level Three
Implementing Department Public Works – Maintenance
Contact Connolly
Year First Proposed 2012
Year Funded Not Funded
This project would replace the HVAC units that service Phase II of the Senior Center building.

These units are 21 years old and no longer function well. The newer system will increase energy efficiency and lower utility costs.

Senior Center – New Construction
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $8,000,000
Operating Impact Significant Permanent Impact
Priority Level Level Three
Implementing Department Public Works – Engineering
Contact Cangco
Year First Proposed 2006
Year Funded Not Funded
Although the Senior Center building on Enterprise Drive was expanded in 2007, a new Senior Center building will eventually need to be built in order to meet future anticipated needs. This project is a listed Community Service and Facility project in the Impact Fee nexus analysis (13.7% maximum funding). This project will be deferred until the Facilities Master Plan has been completed.

Packet Page 373
263
Senior Center Repainting NEW
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $100,000
Operating Impact Minor Impact
Implementing Department Public Works
Priority Level Level One
Contact Perez
Year First Proposed 2024
Year Funded 2024
This project would provide for a repainting of the entire exterior of the Senior Center building utilizing the existing color scheme. The building has not been painted since 2007.

Senior Center Room Divider
Critical Issue Quality of Life
Funding Source Capital Funds
Estimated Cost $60,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department Recreation and Community Services Contact Cuevas
Year First Proposed 2006
Year Funded 2023
The current room divider in the Senior Center building dining room is not designed to reduce acoustical noise. This is a significant problem during concurrent use times. A divider with acoustic properties would reduce noise when the room is separated, thereby increasing the programmability of each room.

Service Center Perimeter Wall
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $120,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department Public Works – Building Maintenance Contact Connolly
Year First Proposed 2022
Year Funded 2023
The rear of the Service Center borders the railroad tracks. The project will install an 8-10’ high block wall along the 550’ span to minimize entry points and thefts.

Packet Page 374
264
Service Center Buildings – Painting
Critical Issue City Government Operations
Funding Source Capital Funds
Estimated Cost $80,000
Operating Impact No Significant Impact
Priority Level Level One – Preservation of Existing Assets Implementing Department Public Works – Building Maintenance Contact Perez
Year First Proposed 2018
Year Funded 2019
Facilities have not been painted for over 15 years, are sun damaged, and are in need of new paint.

Service Center Clean Water Requirements
Critical Issue Not Applicable
Funding Source Capital Funds
Estimated Cost $95,000
Operating Impact No Significant Impact
Priority Level Level Three
Implementing Department Public Works – Maintenance
Contact Connolly
Year First Proposed 2008
Year Funded 2014
Trash, asphalt, and other waste should be placed on impermeable surfaces. Maintenance operations transport trash and other waste products from parks and the right-of-way in pick-up trucks. The pick-ups are emptied onto the ground and then a loader scoops up the debris and places it in dumpsters to be hauled to the disposal site. The Service Center needs impermeable surfaces installed in the dump areas to ensure liquids from the waste products do not leach into the ground.