113_06132024%20Agenda%20packet%20page%20numbers — Newark City Council, June 13, 2024 (part 1 of 2)

AGENDA
Thursday, June 13, 2024
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Commending Public Works Director Fajeau on his retirement

2. Proclaiming June 19, 2024, as Juneteenth
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 23, 2024, minutes

3. Adopt a resolution authorizing the City Manager to execute an agreement with What's Happening's Tri-City Voice for legal advertising services in Fiscal Year 2025

4. Adopt a resolution approving the third amendment to the Contractual Services Agreement with Orion Security to provide Security Guard Services

5. Adopt a resolution authorizing the City Manager to execute Task Order No. 30 to the Joint Powers Agreement with the City of Fremont for Fiscal Year 2025 senior case management services

6. Adopt a resolution authorizing the City Manager to execute Task Order No.31 to the Joint Powers Agreement with the City of Fremont for Paratransit services with Ride On Tri-City!

7. Adopt a resolution authorizing the City to file a request to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2025 Transportation Development Act Article 3 Pedestrian and Bicycle Project funding for the Annual Citywide Accessible Pedestrian Ramps Project; exempt from CEQA review per CEQA Guidelines Section 15301

8. Adopt a resolution approving the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2025 Project List

9. 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
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Adopt a Resolution approving the Public Art Master Plan May 2024 Update

2. Adopt resolutions for approval of Annual Engineer's Reports, intention to levy and collect assessments and setting a public hearing for July 11, 2024, for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 for Fiscal Year 2025 in accordance with the provisions of the Landscaping and Lighting Act of 1972; and initiate dissolution proceedings for Landscaping and Lighting Distrcit Nos. 6, 10 and 13.

3. 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
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
Packet Page 2

MEETING INFORMATION
Members of the public may attend the meeting in person, watch online, or watch on Cable Channel 26. The ability to observe online or Cable Channel 26 is predicated on those technologies being available and functioning without technical difficulties. Should those platforms not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that make those platforms unavailable, the City Council will proceed with business in person unless otherwise prohibited by law.

How to view the meeting remotely:

Livestream online at YouTube: https://www.youtube.com/@cityofnewark3077/streams Copy/paste the YouTube URL into your browser if the link does not automatically open.

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

Zoom will no longer be available for public participation unless required by Assembly Bill 2449. Should a Council Member or the Mayor attend the meeting via Zoom pursuant to Assembly Bill 2249, then the Webinar ID No. 858 5438 6153 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 B. 1.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commending Public Works Director Fajeau on his retirement Public Works Director Soren Fajeau is retiring after 27 years of distinguished service to the City of Newark. A commendation has been prepared in honor of Mr. Fajeau's retirement and will be presented at the City Council meeting. Representatives from Senator Aisha Wahab and Assembly Member Alex Lee’s offices will also be in attendance to honor Mr. Fajeau.

Attachments
Commendation
Packet Page 4

COMMENDING SOREN FAJEAU
WHEREAS, SOREN FAJEAU began his career with the City of Newark on May 19, 1997, as an Engineering Technician I and has served the City in a variety of capacities, including Assistant Engineer-Civil, Associate Civil Engineer, Senior Civil Engineer, and Assistant City Engineer; and WHEREAS, SOREN FAJEAU was promoted to Public Works Director in 2016, a position he still holds; and
WHEREAS, SOREN FAJEAU has made significant contributions to our community throughout his career, including the formulation of the City’s first Pedestrian and Bicycle Master Plan and overseeing as a Project Manager various initiatives and projects including the Citywide Handicap Ramps, Senior Center Handicap access, Lakeshore Park Sea Wall project, Storm Water Program; and the Thornton Avenue widening project; and WHEREAS, SOREN FAJEAU has been the recipient of many awards throughout his illustrious tenure with the City, including Employee of the Year in 2011 and multiple PRIDE awards; and WHEREAS, SOREN FAJEAU has been instrumental in the City receiving millions of state, federal, and regional funds to complete capital projects during his tenure; and WHEREAS, SOREN FAJEAU has represented the City on regional committees such as the Congestion Management Program/Alameda County Transportation Commission, Southern Alameda County Geographic Information System Authority, and the countywide Clean Water Program; and WHEREAS, SOREN FAJEAU has been a longstanding and respected leader in the City of Newark and has provided invaluable support to the City Council and City staff on a wide variety of issues and activities; and WHEREAS, SOREN FAJEAU, is retiring after 27 years of distinguished service with the City of Newark.

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

SOREN FAJEAU
for his untiring work and dedication to the City of Newark and wish him well in his retirement.

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

MICHAEL K. HANNON LUIS L. FREITAS
Mayor Vice Mayor

MIKE BUCCI SUCY COLLAZO MATTHEW JORGENS
Council Member Council Member Council Member
Packet Page 5
Item B. 2.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclaiming June 19, 2024, as Juneteenth
Juneteenth, also known as Freedom Day, is the oldest known celebration commemorating the abolition of slavery in the United States, dating back to June 19, 1865. A proclamation has been prepared in honor of Juneteenth and Danielle Cranon-Jones, Administrative Support Specialist II for the Recreation and Community Services Department will accept it at the City Council meeting. A Juneteenth event will be held at the George M. Silliman Community Activity Center on June 19th from 1 pm to 3 pm. The public is invited to attend.

Attachments
Proclamation
Packet Page 6
PROCLAMATION NO. 1920

JUNETEENTH FREEDOM DAY
WHEREAS, June 19th is declared as Juneteenth Freedom Day, a nationally recognized day which celebrates the rich culture, legacy, and heritage of Black and African American people; and WHEREAS, Juneteenth is the oldest known celebration commemorating the abolition of slavery in the United States, dating back to June 19, 1865, when Union soldiers led by Major General Gordon Granger arrived in Galveston, Texas with news that the war had ended, freeing the enslaved, two and a half years after President Abraham Lincoln’s Emancipation Proclamation; and WHEREAS, the U.S. Congress—between 1865 and 1870—would pass key amendments to the U.S.

Constitution, that upon ratification by each state, would profoundly change the legal status of those once enslaved. The thirteenth amendment abolished bonded servitude. The fourteenth amendment conferred citizenship upon those once enslaved. Finally, the fifteenth amendment enfranchised people once held in bondage; and
WHEREAS, recognizing Juneteenth as a state holiday acknowledges the importance of this historic day and honors the resilience, strength, and spirit of African Americans; it is a time for community gatherings, celebrations, and educational events that promote understanding, unity, and solidarity among all people; and WHEREAS, Juneteenth Freedom Day celebrates Black and African American people’s freedom and achievement, while encouraging continuous self-development and respect for all cultures, as it takes on a more national, symbolic and even global perspective, to ensure the events of 1865 are not forgotten; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim June 19, 2024, as

JUNETEENTH FREEDOM DAY
in the City of Newark and call upon all residents to observe this day with reflection, celebration, and commitment to the ongoing pursuit of freedom, justice, and equality for all.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark to be affixed this Nineteenth Day of June, Two Thousand Twenty-four.

MICHAEL K. HANNON
Mayor
Packet Page 7
Item D. 1.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 05.09.24_1
Audited Demands 05.09.24_2
Audited Demands 05.16.24
Audited Demands 05.23.24
Packet Page 8
LIVE Newark CA LIVE
Payment Batch Register
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Batch Date: 05/06/2024
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
Bank Account: AP - ZBA ACCOUNTS PAYABLE
Check 05/06/2024 11139 Miscellaneous Billing Refund SALVADOR VARGAS & JULIETA BRAVO 200.00 AP ZBA ACCOUNTS PAYABLE Totals: Transactions: 1 $200.00 Checks: 1 $200.00
Packet Page 9

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Packet Page 29
Item D. 2.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of May 23, 2024, minutes
Attachments
Minutes
Packet Page 30
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Luis L. Freitas | Council Members: Maria “Sucy” Collazo, Mike Bucci, and Matthew Jorgens

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

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

Mayor Hannon announced that item F.2 Capital Improvement Plan would be rescheduled for the June 13, 2024, City Council meeting.

No one in the audience requested to speak on the Capital Improvement Plan.

B. PRESENTATIONS
Mayor Hannon presented a commendation to Joy Lee, student Board Member for the Newark Unified School District Board of Education.

Mayor Hannon presented a commendation to the Newark Rocketry Team for competing in the American Rocketry Challenge and the NASA Student Launch Initiative.

C. PUBLIC COMMENT
Mr. Milind Shyani thanked Public Works Director Fajeau and Senior Landscape Inspector Cianciarlo for their response to his request for additional trees on Newark Boulevard. He asked how residents could help with tree plantings and if there were other modes of communication, besides City Council meetings, to contact the City.

Packet Page 31
Page No. 2
City of Newark City Council Minutes May 23, 2024
D. CONSENT CALENDAR
City Manager Benoun requested the removal of item D.5. Cooperative Agreement with the Alameda County Water District.

Council Member Jorgens moved, Council Member Collazo seconded, to approve Consent Calendar items D.1 to D4 and D.6, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 4 AYES, 1 ABSENT.

1. Approval of Audited Demands

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
Resolution No. 11639
Contract No. 24041

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
Resolution No. 11640
Contract No. 22066

5. Removed from Consent Calendar - 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 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
Resolution No. 11641
Packet Page 32
Page No. 3
City of Newark City Council Minutes May 23, 2024

NON CONSENT
D.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
City Manager Benoun stated that two Council Members need to recuse from this item and a quorum was not available to proceed. He stated that staff would reschedule the matter.

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
Motion approved
City Manager Benoun gave the staff report noting that no property owner objections had been received for the 2024 Weed Abatement Program.

Mayor Hannon opened the public hearing at 7:34 p.m.

No one requested to speak.

Mayor Hannon closed the public hearing at 7:35 p.m.

Vice Mayor Freitas moved, Council Member Collazo seconded to act upon any objections by property owners to the 2024 Weed Abatement Program and to instruct the Superintendent of Streets to abate the public nuisances. The motion passed, 4 AYES, 1 ABSENT.

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 Packet Page 33
Page No. 4
City of Newark City Council Minutes May 23, 2024
Bryan Godbe, Godbe Research gave the presentation indicating that there was community support for a potential ballot measure to increase the Transient Occupancy Tax. Presentation on file with City Clerk’s office.

City Manager Benoun stated that staff would return at a future meeting with a proposed ordinance and ballot question for the City Council to consider placing a ballot measure on the November Election to seek voter approval to increase the Transient Occupancy Tax.

Mayor Hannon called a recess at 7:55 p.m.

Mayor Hannon called the meeting back to order at 8:05 p.m.

2. Presentation of the draft 2024-2026 Biennial Budget
Finance Director Lee provided a budget overview, economic and financial update, the proposed budgets for Fiscal Year 2025 and Fiscal Year 2026.

Presentation on file with City Clerk’s office.

Mayor Hannon requested that the Five-Year Forecast include information that measured staff’s projections from previous years.

City Manager Benoun reviewed budget additions and supplements by department.

Mayor Hannon requested that when the budget is reviewed next year, staff indicate funds that were offset by other funding sources, such as developer paid services, to allow the City Council to determine if the money was well spent.

City Manager Benoun reviewed Mayor and Council Member Salaries, and indicated that they could consider up to a 10% increase, per government code, that would start in January 2025, after the next election.

The City Council discussed a 6% versus a 10% increase. They concurred to budget for a 6% increase and to have staff review comparison cities salary ranges to see if a 10% increase should be considered.

Packet Page 34
Page No. 5
City of Newark City Council Minutes May 23, 2024
Mayor Hannon requested that on page 62 of the draft budget he would like to know the current vacancy rate for commercial office space. He would also like homeownership statistics broken down based on race.

City Manager Benoun stated that 2024-2026 Budget and Capital Improvement Plan would be scheduled for a public hearing at the June 27, 2024, meeting.

G. CITY COUNCIL MATTERS
Council Member Jorgens thanked staff for the Biennial Budget process guidance.

He attended the Newark Memorial Band and Choir concert. He congratulated Newark Memorial High School graduates and his mom on her retirement from the Newark Unified School District.

Council Member Collazo asked about traffic signage at: Lake Boulevard and Chapman Drive stop requires a right turn; Dairy Avenue at Newark Boulevard, suggested a no U Turn sign near Salvation Army; the Old Town Shopping Center exit onto Dairy Avenue suggested one lane signs for each direction. She congratulated her grandson who is graduating from Newark Memorial High School.

She thanked everyone who served the country for Memorial Day. Shop Newark.

Vice Mayor Freitas stated that he attended the groundbreaking for Timber Senior Housing and noted that the CEO of Eden Housing complimented the Newark Building Department for approving the project within 90 days. A project in San Francisco took 1,155 days to receive approval.

Mayor Hannon stated that he was grateful for the Veterans and their families and honored Memorial Day.

Mayor Hannon announced that he would adjourn the meeting in memory of Union Sanitary District Director Thomas R. Handley.

H. CITY MANAGER UPDATES
I. CLOSED SESSION
Packet Page 35
Page No. 6
City of Newark City Council Minutes May 23, 2024
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9: 22 p.m. in memory of Union Sanitary District Director Thomas R. Handley.

Packet Page 36
Item D. 3.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt a resolution authorizing the City Manager to execute an agreement with What's Happening's Tri-City Voice for legal advertising services in Fiscal Year 2025
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution awarding an agreement to and authorizing the City Manager to execute an agreement with What's Happening's Tri-City Voice for legal advertising services in Fiscal Year 2025.

BACKGROUND
The California Public Contract Code requires the City to invite bids for legal advertising services and award the contract on a fiscal year basis. A Request for Proposals was issued for legal advertising services in March. One proposal was received from the What's Happening's Tri-City Voice, offering the same publication rate as Fiscal Year 2024.

DISCUSSION/ANALYSIS
The California Government Code requires that the City of Newark print legal notices in an adjudicated newspaper of general circulation. An adjudicated newspaper of general circulation does not exist in the City and the City is legally required to use an adjudicated newspaper that is published nearest to the City. The Public Contract Code requires the City to invite bids for legal advertising and award the contract on a fiscal year basis. The Bay Area News Group/East Bay Times and the What’s Happening’s Tri-City Voice are the only newspapers that currently meet the legal requirements for publishing legal notices.

In March, the City issued a Request for Proposals (RFP) for legal advertising services.

Courtesy copies were sent to the Bay Area News Group/East Bay Times and the What’s Happening’s Tri-City Voice. The RFP issuance was also advertised on the City website, posted on the City Bulletin Board, and published in the What’s Happening’s Tri-City Voice.

The What’s Happening’s Tri-City Voice was the only newspaper to submit a proposal by the published deadline. The quote for advertising of $1.12 per column line is the Packet Page 37
by the published deadline. The quote for advertising of $1.12 per column line is the same as the last two years' quotes.

FISCAL IMPACT
The draft 2024-2026 Biennial Budget and Capital Improvement Plan includes sufficient funds for legal advertising in the City Clerk's departmental operating budget.

REVIEW AND APPROVAL
Prepared by - Sheila Harrington, City Clerk
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Reviewed and Approved by - Lenka Hovorka, Assistant City Manager Attachments
Resolution
Agreement
Packet Page 38
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AWARDING AN AGREEMENT TO, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH, WHAT’S HAPPENING’S TRI-CITY

VOICE FOR LEGAL ADVERTISING SERVICES FOR FISCAL
YEAR 2024-2025
WHEREAS, the California Government Code requires that the City of Newark print legal notices in an adjudicated newspaper of general circulation or an adjudicated newspaper that is published nearest to the City; and
WHEREAS, the City issued a Request for Proposals (RFP) for legal advertising services, sent courtesy copies to the Bay Area News Group/East Bay Times and the What’s Happening’s Tri-City Voice, and advertised the RFP on the City website, City Bulletin Board and in the What’s Happening’s Tri-City Voice; and
Whereas, the City received one response to the RFP, by the published deadline, from the What’s Happening’s Tri-City Voice; and
WHEREAS, the City has a strong desire to provide easy and transparent access to matters affecting the community and staff recommends awarding the legal advertising agreement to the What’s Happening’s Tri-City Voice for fiscal year 2024-2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby awards the agreement for legal advertising services for Fiscal Year 2024-2025 to What’s Happening’s Tri-City Voice and authorizes the City Manager to execute the agreement, on file with the City Clerk, and incorporated herein by reference.

BE IT FURTHER RESOLVED that this resolution supersedes previous resolutions awarding legal advertising services.

Packet Page 39

CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this day of June, 2024 by and between the CITY OF NEWARK, a municipal corporation (“City”), and, What’s Happening Inc, dba: Tri-City Voice (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS, City requested proposals to perform the services generally including. Legal Advertising Services for Fiscal Year 2024-2025.

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

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

NOW, THEREFORE, the Parties hereto agree as follows:

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

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

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

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 Packet Page 40
CSA 8/2019 -2-
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.

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).

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 Packet Page 41
CSA 8/2019 -3-
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.

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 Packet Page 42
CSA 8/2019 -4-
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.

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.

Packet Page 43
CSA 8/2019 -5-
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

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 Packet Page 44
CSA 8/2019 -6-
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 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.

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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 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.

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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.

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.

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

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

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

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

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

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

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

18. TERM/TERMINATION.

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

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

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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:

Tri-City Voice CITY OF NEWARK

WILLIAM MARSHAK SHEILA HARRINGTON
Consultant Administrator
Address: What’s Happening, Inc.
dba Tri-City Voice
39737 Paseo Padre Parkway,
Suite B
Fremont, CA 94538
City of Newark
Attn: City Clerk
37101 Newark Boulevard
Newark, CA 94560

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

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

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

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

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

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

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

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

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

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

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

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK,
a municipal corporation
By By
City Manager William Marshak, Consultant
Date Date
Attest:

City Clerk
Date
Approved as to form:

City Attorney
Date
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EXHIBIT A

SCOPE OF SERVICES
Services provided by What’s Happening’s Tri-City Voice (TCV) and, by extension, it’s subcontractor, The Dily Journal Corporation, include:

1. Assistance and training of city personnel to become comfortable and utilize the ADTECH electronic submission and filing system.

2. Typeset all submissions for legal advertising in a timely and accurate manner.

3. Proofread all submissions.

4. Print and distribute approved city public notices weekly in TCV.

5. Allow timely retrieval and filing of submissions through ADTECH or local TCV office personnel.

6. Provide accurate billing and accounting of legal notice submissions.

All listed major components of service shall be completed in a timely manner to complement workflow requirements of City of Newark personnel.

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EXHIBIT B

PAYMENT
Billing by What’s Happening’s Tri-City Voice (TCV) and, by extension, its subcontractor, The Daily Journal, include:

1. Accurate and itemized billing through The Daily Journal Corporation.

2. Instant access to billing information of all submissions through ADTECH system.

3. Services related to acceptance, assemblage, typesetting publishing and distribution of public notices, included in contract rate of $1.12 per line per column (Column Size 1.875 inches) This is a “not to exceed” cost for performance of these services.

B. Billing services shall be completed in a timely manner to complement work flow requirements of City of Newark personnel.

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EXHIBIT C

QUALIFICATIONS
April 2, 2024
Dear Sheila:

I am pleased to respond to the City of Newark’s Request for Proposal for Legal Advertising, Fiscal Year 2024-2025.

On April 22, 2015, a petition for adjudication of What’s Happening’s Tri-City Voice newspaper (TCV) was granted by Judge Evelio Grillo in Department 14, Superior Court of the State of California for the County of Alameda as a “newspaper of general circulation” for the City of Fremont, County of Alameda and State of California.

In order to accommodate and support the accurate and timely placement of public notices, The Daily Journal Corporation and its publication, The Inter-City Express has been retained to assist TCV. Through this arrangement, TCV customers also may use an electronic system that allows instant access for placing, billing and archiving public notices. Staff at the TCV office in Fremont is also available to assist with placement of legal notices.

Unlike many regional newspapers owned and operated by distant management, our newspaper continues to focus on local news and increase readership. In contrast, many metropolitan newspapers are controlled by large corporations with little interest in local news and are suffering severe declines in subscriptions and readership as a result. TCV is locally owned and published with a basic philosophy of support for our community. Claims by competition newspaper chains of audits by Alliance for Audited Media (previously Audit Bureau of Circulation) use a variety of methods to embellish subscription counts; audits are intermingled with other “branded” newspapers outside the area as well as digital subscriptions.

We publish our newspaper, including public notices, in its entirety on our website. Use of our public notice service has increased dramatically with no major problems. Municipalities, public offices and others have found the Adtech system efficient method for placing and retrieving legal notices. We have found our relationship with The Daily Journal Corporation to be beneficial for all parties. There is actually a secondary system of proof reading since this is done by The Daily Journal and TCV before notices are published.

As your local newspaper and an integral, supportive part of the Newark community, TCV would be pleased and honored to represent the City of Newark.

Best Regards,
William Marshak Publisher
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Item D. 4.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt a resolution approving the third amendment to the Contractual Services Agreement with Orion Security to provide Security Guard Services
SUMMARY AND RECOMMENDATION
Staff is continuing the work to implement long-term security solutions at City Hall with an anticipated completion date of October 2024. In the interim, continued funding for temporary security guard services is required. Staff recommends that the City Council authorize the City Manager to amend the existing Contractual Services Agreement with Orion Security to increase the not-to-exceed amount by $24,000 for a total not-to-exceed amount of $156,999.

BACKGROUND
In early 2022, staff engaged consultants to conduct security assessments of each City facility to assess the need for enhanced security, such as interior and exterior cameras, panic buttons, additional key cards, and other controlled entrance measures. To provide interim security at City Hall, the City entered into an agreement with Orion Security on July 13, 2022, for an amount not-to-exceed $49,999. Because the long-term security measures were more complex than initially expected, the first amendment to the Contractual Service Agreement approved on January 12, 2023, to increase the not-to-exceed amount by $28,000 for a total not-to-exceed amount of $77,999, to fund security guard services through the end of June 2023.

The City Council approved the second amendment to the Contractual Service Agreement on July 14, 2023, increasing the not-to-exceed amount by $55,000 for a total not-to-exceed amount of $132,999, which would fund security guard services through the end of June 2024. On April 25, 2024, the City awarded a bid to EyeP Solutions, Inc. to install security cameras and building access management systems to address the enhanced security measures identified in the security assessments. The security measures are planned to be completed by October 2024. Based on the satisfactory performance of Orion Security providing security guard services, staff recommends continuing services through the duration of the security measures installations.

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DISCUSSION/ANALYSIS
The initial engagement of Orion Security in 2022 was prompted by the need for interim security measures while more comprehensive security enhancements were being planned and implemented.

The City recently entered into a contract with EyeP Solutions, Inc. to implement the long-term security measures of security cameras and building access management systems installation. The need for security guard services remains until all of EyeP Solutions' contract terms have been fulfilled. Approving the third amendment to the Contractual Services Agreement with Orion Security aligns with the City's commitment to ensuring the safety and well-being of its employees and City Hall visitors. By extending the contract through October 2024, the City can maintain continuity in security services while the installation of security measures is completed.

FISCAL IMPACT
The fiscal impact of $24,000 was included in the draft 2024-2026 Biennial Budget presented to City Council on May 23, 2024, and will be included in the Biennial Budget presented to City Council for final consideration and approval in June.

REVIEW AND APPROVAL
Prepared by - Cathreene Ingham-Watters, Human Resources Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Reviewed and Approved by - Lenka Hovorka, Assistant City Manager Attachments
1033_Resolution
Contractual Services Agreement- Orion
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 3 TO THE CONTRACTUAL

SERVICES AGREEMENT WITH ORION SECURITY TO

PROVIDE SECURITY GUARD SERVICES
WHEREAS, ON July 13, 2022, the City of Newark entered into a Contractual Services Agreement C22041 (the “Agreement”) with Orion Security (the “Consultant”) to provide specialized professional services (temporary security services); and WHEREAS, on January 12, 2023, City Council authorized the first amendment of the Agreement, increasing the total not-to-exceed amount of $28,000 for a total not-to-exceed amount of $77,999; and
WHEREAS, On July 14, 2023, City Council authorized the second amendment of the Agreement, increasing the total not-to-exceed amount of $55,000 for a total not-to-exceed amount of $132,999; and
WHEREAS, Section 27, Modifications, of the Agreement allow the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement, Section 3. A to increase the “Not to Exceed” Compensation amount.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute Amendment No. 3 to the Contractual Services Agreement with Orion Security to increase the not-to-exceed amount by $24,000 for a total notto-exceed amount of $156,999, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, including any necessary revisions to the scope of work for the Agreement, in a form approved by the City Attorney, that is within the total not-to-exceed amount of $156,999.

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Item D. 5.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Nicholas Cuevas, Recreation and Community Services Director SUBJECT Adopt a resolution authorizing the City Manager to execute Task Order No. 30 to the Joint Powers Agreement with the City of Fremont for Fiscal Year 2025 senior case management services SUMMARY AND RECOMMENDATION
The City contracts with the City of Fremont for senior case management services and requires execution of an annual task order to continue providing services. Staff recommends that the City Council, by resolution, authorize the City Manager to execute Task Order No. 30 to the Joint Powers Agreement with the City of Fremont for case management services in Fiscal Year 2025.

BACKGROUND
The City has contracted with the City of Fremont for case management services since July 1, 1997. Case management services provides assessments and resources to Newark seniors. Referrals are received from the City's Police and Recreation & Community Services Departments as well as the Alameda County Fire Department. As first responders, City and County staff encounter older adults that need assistance on many levels. Case management services often result in the elimination of repeated call-outs for crisis situations that require public safety response. This allows safety personnel to focus on other business within the City, thereby not straining public safety resources, while helping seniors remain in their homes as long as possible.

DISCUSSION/ANALYSIS
Case management is a vital component of the services offered through the City of Newark Senior Services program. It assists functionally impaired Newark seniors, striving to remain in their own home rather than being institutionalized. An assessment is made of the senior’s overall well-being, including health (physical and mental), financial, transportation and/or housing needs, personal safety issues, and the ability to care for themselves, either on their own or with assistance. If appropriate, a care plan for services is developed to assist the senior in addressing their needs and to provide ongoing monitoring of the senior and the services they receive. Case management services provides specialized resources for the City’s most vulnerable residents that would otherwise not be available. Based on the number of cases opened during the current fiscal year and reviewing previous years' case loads, staff recommends Packet Page 124
continuing the annual appropriation of $5,000. This amount provides an average of one and one half hours of service per week, which has been sufficient to meet the needs of Newark clients.

The data below details the distribution of services delivered during the current fiscal year:

Case Management: Twenty-three (23) Newark residents, ten (10) men and 13 women, received case management services. Their average age is 77. The services provided included a comprehensive assessment of their needs, the development of a personalized care plan, and ongoing monitoring and follow-up in their homes as required.

Counseling: Seven (7) Newark residents, with an average age of 69, received mental health counseling. Counseling services feature a comprehensive assessment and individual therapy, which are provided in the clients' homes. Additionally, various therapeutic groups are offered. Through the senior peer counseling program, Fremont extended support to two (2) residents of Newark.

Caregiver Support: Five (5) Newark residents received caregiver support services. The caregiver program assists families who are caring for an older adult and provides support through both group and individual counseling sessions.

Senior HelpLine: The program is open to all Newark residents seeking information on services for older adults. The City of Fremont does not require disclosure of the city of residence when providing assistance.

FISCAL IMPACT
Funding in the amount of $5,000 was included in the draft 2024-2026 Biennial Budget for Fiscal Year 2025, and will be included in the 2024-2026 Biennial Budget presented to City Council for consideration and approval in June.

REVIEW AND APPROVAL
Prepared by - Nicholas Cuevas, Recreation & Community Services Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Reviewed and Approved by - Lenka Hovorka, Assistant City Manager Attachments
Resolution - JPA Task Order 30 24-25 Case Management
JPA with Newark - Task Order 30 24-25 Case Managment
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE TASK ORDER NO. 30 TO THE JOINT POWERS

AGREEMENT WITH THE CITY OF FREMONT FOR CASE

MANAGEMENT SERVICES
WHEREAS, the City of Newark has entered into yearly agreements with the City of Fremont for case management services, beginning in 1997; and WHEREAS, the City entered into an agreement entitled Joint Powers Agreement between the City of Newark and the City of Fremont on August 17, 2009; and WHEREAS, the City of Fremont performs services satisfactorily in accordance with Task Orders issued by the City of Newark; and
WHEREAS, services include individualized assistance with health, economic, and social services to low income seniors residing in Newark who wish to retain independent living in the community; and
WHEREAS, the City of Newark wishes to continue case management services for the 2024-2025 program year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute Task Order No. 30 to the Joint Powers Agreement with the City of Fremont for Case Management Services, attached hereto and incorporated herein by reference.

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TASK ORDER NO. 30 TO JOINT POWERS AGREEMENT BETWEEN

THE CITY OF NEWARK AND THE CITY OF FREMONT
This Task Order No. 30 (“Task Order”) is made and entered into by and between the City of Newark, a municipal corporation ("Newark"), and the City of Fremont, a municipal corporation ("Fremont").

RECITAL
A.Newark and Fremont entered into an agreement entitled Joint Powers Agreement between the City of Newark and the City of Fremont (“Agreement”), by which Fremont agreed to perform services in accordance with Task Orders issued by Newark.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1.INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all terms and conditions set forth in the Agreement.

2.SCOPE OF TASK ORDER. Fremont shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3.PAYMENT. For services performed by Fremont in accordance with this Task Order, Newark will compensate Fremont in accordance with the terms and conditions of the Agreement, in an amount not to exceed $5,000 (five thousand dollars), as described in Exhibit “B,” attached hereto and incorporated by reference.

4.SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Newark and Fremont.

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

CITY OF FREMONT CITY OF NEWARK
Signature:_____________________________ Signature:

By: Christina Briggs By: David Benoun
Title: Assistant City Manager Title: City Manager
Date: Date:

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APPROVED AS TO FORM: APPROVED AS TO FORM:

Signature: ____________________________ Signature:

By: Heather Lee By: Kristopher Kokotaylo
Title: Senior Deputy City Attorney II Title: City Attorney Packet Page 128
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EXHIBIT A TO TASK ORDER NO. 30
SCOPE OF SERVICES – Case Management Services
2024-2025 Program Year

1. GENERAL DESCRIPTION: TIME

1.1. To assist frail elderly residing in Newark to remain living independently in their homes for as long as possible. This service is an individualized service that assists low income, functionally impaired older adults in obtaining needed health, economic, and social services to retain independent living in the community, thereby delaying or preventing institutionalization.

2. PERSONNEL
a. Personnel to be supplied will include a professional Case Manager and whenever feasible a Case Management intern, as approved by Newark. Case management services provided will include but are not limited to the services outlined below (see paragraph 3).

3. SERVICE REQUIREMENTS
a. Services that offer individualized casework that promote and maintain the optimum level of functioning in the least restrictive setting possible are to be provided to the frail elderly residents of Newark who are in need of assistance.
b. Services that the Case Manager and Case Management intern will provide include:
(1) Comprehensive Needs Assessment
A comprehensive evaluation of the older person’s health, financial, environmental, and social needs through home visits and telephonic means.
(2) Care Planning
Based on the assessment, a care plan is developed that is realistic, attainable, and affordable.

The development of the care plan is a cooperative effort between the older person, the case manager, the family, and any others involved in the care of that person. (3) Service Coordination
Services identified in the care plan are arranged and coordinated, drawing on the client’s family or other social supports wherever practical.
(4) Follow Up
Follow up on services is provided to ensure that services are obtained and provided adequately to meet the needs of the client, modifying the care plan when necessary. (5) Monitoring
After the care plan has been implemented, ongoing monitoring of the client situation is provided to determine progress and whether modification of the care plan is needed. c. Schedule
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4 | P a g e
(1) A Case Manager will be assigned to Newark throughout the life of the Agreement, unless otherwise requested by Newark. The Case Manager will provide one and one-half hours of service per week to Newark. A case manager or case management intern will be available to provide service and phone consultation on an as needed basis each week, Monday through Friday.
d. Specific Program Goals
(1) Various forms of outreach will be completed by the Case Manager intern including providing educational talks to target groups, writing short articles for local media, and other outreach as needed.
(2) Contractor will provide information and referrals to Newark. (3) All cases, under normal circumstances, will be screened and assisted by the Case Management intern.
(4) Documentation of case management services provided to each client will be kept in a manner consistent with the Contractor’s existing practice. Service statistics will be maintained and submitted to City of Newark staff on a monthly basis, and as otherwise requested. Fremont will obtain agreement from clients to provide Newark access to all records of Newark residents, including written summaries and copies of records.

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5 | P a g e
EXHIBIT B TO TASK ORDER NO. 30
Budget
2024-2025 Program Year
The City of Newark will pay the City of Fremont for personnel and overhead costs associated with the Case Management Program. Costs are itemized below.

PERSONNEL
Part Time Case Manager $4,037
$51.76/hr. x 1.5 hrs/wk x 52 weeks
_______
TOTAL PERSONNEL COSTS $4,037
Overhead $ 963
TOTAL BUDGET $5,000
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Item D. 6.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Nicholas Cuevas, Recreation and Community Services Director SUBJECT Adopt a resolution authorizing the City Manager to execute Task Order No.31 to the Joint Powers Agreement with the City of Fremont for Paratransit services with Ride On Tri-City! SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution, authorize the City Manager to execute Task Order No. 31 to the Joint Powers Agreement with the City of Fremont for Newark Paratransit services with Ride On Tri-City!

BACKGROUND
Door-to-door shared ride transportation services are an essential service offered to Newark residents who are 70 years of age and older or who are unable to access public transit independently due to a medical or disabling health condition. These paratransit services are provided to elderly and disabled Newark residents in order to improve their access to health care, shopping, errands, and social and recreational activities. The City has contracted for Paratransit services with the City of Fremont since 2013. The size and scope of Fremont’s program provides Newark residents with satisfactory services.

DISCUSSION/ANALYSIS
The following table summarizes services to be provided through the City of Fremont under the proposed contract for services with MV Transportation, local taxi companies, Lyft, and GoGo Technologies:

In addition to Paratransit, taxi vouchers, and direct ride-hailing services, Newark residents benefit from the high level of service coordination and customer service provided by the City of Fremont's Paratransit services team. City of Fremont staff ensures that elderly and disabled residents have expedited access to transportation services (applications can be processed within hours and urgent need transportation can be scheduled on the next day and sometimes even on the same day). Paratransit enrollment packets are sent out within a day or two of receipt of a completed application. Applications and application assistance are available at the Newark Senior Center.

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FY
24/25 Service
Parameters
Fremont/Newark Wheelchair Accessible Paratransit Service Service Hours Monday - Sunday 8:00 am - 6:00 pm
Service Area All of Newark, Fremont, and Union City
Fares $4 per one-way trip with Newark, Fremont, and Union City Reservation
Hours
Ride reservations will be taken Monday-Friday, 8 am - 5 pm.

Reservations are taken up to 3 days in advance. Rides are reserved on a first-call, first served basis and are subject to vehicle space availability. Reservations and dispatch are provided through MV Transportation during the hours specified above. Standing order requests are processed and approved by Fremont's Transportation and Mobility Services team.

Enrollment
processing time
On the same day of receipt of the application. Expedited access to transportation can also be arranged on the same day or the next day as scheduling capacity allows.

FY 24/25 Service
Parameters Subsidized Taxi Voucher Program
Service Hours
24 hours per day, seven days a week. Ride requests are made on the same day. Riders will be picked up within 45 minutes of their call or within 10 minutes of a time order request.

Service Area All of Newark, Fremont, and Union City
Fares
Depends on the distance traveled. $4 per taxi voucher (purchased through the City of Fremont). Each voucher subsidizes up to $20 in taxi meter fare. Riders are responsible for fares beyond the voucher subsidy.

Enrollment
Requirements Must be enrolled in the Fremont/Newark Paratransit program.

FY 24/25 Service
Parameters
Subsidized Direct-Ride Hailing Service with Lyft and
Ride-Hailing Service with GoGo Technologies
Service Hours
24 hours per day, seven days a week, for rides ordered through an individual’s smartphone. Rides provided through GoGo Technologies (for individuals without smartphones) will be available 7 days per week, 8 am – 6 pm. Ride requests are made on the same day through the Lyft app on the rider’s own smartphone. Riders will receive special codes to apply to their rides in order to receive subsidized rides. Riders without smartphones will call GoGo Technologies’ GoGo Grandparent call center for a ride on the Lyft or Uber ride-hailing platforms.

Service Area All of Newark, Fremont, and Union City. Out-of-Area medical trips by staff approval only.

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Fares
Riders pay the first $4 of a trip, and up to $16 of the trip will be subsidized.

Riders are responsible for all fares above $20. For staff-approved medical out-of-area trips, the rider pays the first $4 of the trip, and up to $46 of the trip will be subsidized; riders are responsible for all fares above $50. Passenger fares will be charged directly through the Lyft app or by GoGo Technologies.

Enrollment
Requirements Must be enrolled in the Fremont/Newark Paratransit program.

The following information offers an overview of rider statistics for individuals currently enrolled and using services provided by this program:

Expected Demand/ Use of Services:

Current Registrants for FY
2023-24 269
Projected Registrants for FY
2024-25 325
Registrant Increase 21%
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FISCAL IMPACT
Funding for Newark Paratransit services is provided through Measure BB sales tax revenue administered by the Alameda County Transportation Committee (ACTC). For Fiscal Year 2025, staff is recommending funding in the amount of $331,476.25 for the Paratransit program based on the revenue projections provided by ACTC (attached). An appropriation in the ACTC Measure BB - Paratransit Fund (Fund 286) for this amount was included in the draft 2024-2026 Biennial Budget for Fiscal Year 2025, and will be included in the 2024-2026 Biennial Budget presented to the City Council for consideration and approval in June.

REVIEW AND APPROVAL
Prepared by - Nicholas Cuevas, Recreation & Community Services Director Packet Page 135
Prepared by - Nicholas Cuevas, Recreation & Community Services Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Reviewed and Approved by - Lenka Hovorka, Assistant City Manager Attachments
Resolution - Paratransit Services
JPA Task Order No. 31 for Paratransit Services
Measure BB Paratransit Direct Local Distribution (DLD) Projections for FY 2024-25 Packet Page 136
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE TASK ORDER NO. 31 TO THE JOINT POWERS

AGREEMENT WITH THE CITY OF FREMONT FOR

NEWARK PARATRANSIT SERVICES
WHEREAS, a Joint Powers Agreement between the City of Newark and the City of Fremont on was entered into on August 17, 2009 for case management services; and WHEREAS, the City of Fremont agreed to perform services in accordance with the Task Orders issued by the City of Newark; and
WHEREAS, on August 17, 2013 the Joint Powers Agreement was amended to enable the City of Fremont to provide paratransit services to the City of Newark, in accordance with Task Orders issued by the City of Newark; and
WHEREAS, paratransit services includes essential door-to-door shared ride transportation services to Newark residents who are 70 years of age and older or who are unable to access public transit independently due to a medical or disabling health condition; and WHEREAS, funding for Newark Paratransit services is provided through Measure BB sales tax revenue administered by the Alameda County Transportation Committee (ACTC); and WHEREAS, the City of Newark wishes to continue paratransit services for the 2024- 2025 program year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager of the City of Newark be and is hereby authorized to execute Task Order No. 31 to the Joint Powers Agreement with the City of Fremont for paratransit services, said agreement on file in the Office of the City Clerk.

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1 TASK ORDER NO. 31 TO JOINT POWERS AGREEMENT BETWEEN

THE CITY OF NEWARK AND THE CITY OF FREMONT
(PARATRANSIT SERVICES FY 2024/2025)
This Task Order No. 31 (“Task Order”) is made and entered into by and between the City of Newark, a municipal corporation ("Newark"), and the City of Fremont, a municipal corporation ("Fremont").

RECITAL
A. Newark and Fremont entered into an agreement entitled Joint Powers Agreement between the City of Newark and the City of Fremont (“Agreement”), by which Fremont agreed to perform services in accordance with Task Orders issued by Newark.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all terms and conditions set forth in the Agreement.

2. SCOPE OF TASK ORDER. Fremont shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Fremont in accordance with this Task Order, Newark will compensate Fremont in accordance with the terms and conditions of the Agreement, in an amount not to exceed $310,500, as described in Exhibit “B,” attached hereto and incorporated by reference.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Newark and Fremont.

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

CITY OF FREMONT CITY OF NEWARK
Signature:_____________________________ Signature:

By: Christina Briggs By: David Benoun
Title: Assistant City Manager Title: City Manager
Date: Date:

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2 APPROVED AS TO FORM: APPROVED AS TO FORM:

Signature: ____________________________ Signature:

By: Elana Rivkin-Haas By: Kristopher Kokotaylo
Title: Senior Deputy City Attorney Title: City Attorney Packet Page 139
3 EXHIBIT A TO TASK ORDER NO. 31

SCOPE OF SERVICES
Paratransit Services for FY 2024-2025

1. GENERAL DESCRIPTION
The City of Fremont will provide door-to-door, sharedride Wheelchair Accessible Van (WAV) service to Newark residents needing wheelchairaccessible vehicles who are 70 years of age and older or who are unable to access public transit independently due to a medical or disabling health condition. Subsidized taxi and ride-hailing services will be provided to ambulatory Newark residents who are 70 years of age and older or who are unable to access public transit independently due to a medical or disabling health condition. These transportation services are provided to elderly and disabled Newark residents in order to improve their access to health care, shopping, errands and social and recreational activities. Services will be provided from July 1, 2024 through June 30, 2025.

2. PERSONNEL
a. Personnel working on this program will include members of the City of Fremont’s Ride-On Tri-City! Program. The Fremont team consists of a Program Manager, Program Coordinator, Transportation Resources Specialist, Senior Office Support Specialist and Office Support Specialist. b. The City of Fremont will provide these services to the City of Newark for the specified period through its agreements with the City of Union City (for WAV services provided by MV Transportation, Inc.), Siddiq, Inc. (for Taxi services), Lyft, Inc. (for Ride-Hailing Services), and GoGo Technologies, Inc. (for Ride-Hailing Services).

3. SERVICE REQUIREMENTS
a. Program Parameters:
(1) Wheelchair Accessible Van Service will be offered during the following hours:

Monday – Sunday, 8 am – 6 pm
No services will be provided on the following holidays:

New Year’s Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day.

Taxi and Ride-Hailing Service requests can be made seven (7) days a week between 8 am and 6 pm.

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4 (2) Rides will be provided within Fremont, Newark and Union City.

Out of area trips for approved medical appointments will be provided to program participants using Ride-Hailing Services. (3) Passenger Fares:

Fares for Wheelchair Accessible Van (WAV) rides: $4 per one-way trip within Newark, Fremont and Union City. Fares to be paid with a pre-paid WAV voucher. Program participants can
purchase pre-paid voucher books (10 pre-paid vouchers per book) from the City of Fremont at a cost of $40 per book.

Fares for taxi rides: Depends on distance traveled. Riders will purchase taxi vouchers from the City of Fremont at a cost of $4 per taxi voucher. Each taxi voucher subsidizes up to $20 in taxi meter fare. Riders are responsible for fares beyond the voucher subsidy.

Fares for ride-hailing services: Riders will pay the first $4 of a trip and up to $16 of the trip will be subsidized. Riders are responsible for all fares above $20. For staff-approved medical out-of-area trips, rider pays first $8 of a trip and up to $42 of the trip will be subsidized; riders are responsible for all fares above $50. Passenger fares will be charged directly through the Lyft app or by GoGo Technologies.
(4) Ride Requests:

Wheelchair Accessible Van Service:

Ride reservations will be taken: Monday – Friday, 8 am – 5 pm Reservations are taken up to 3 days in advance. Rides are reserved on a first call, first served basis and are subject to vehicle space availability.

Taxi Service:

Ride requests are made on the same day. Riders will be picked up within 45 minutes of their call.

Ride-Hailing Service through Lyft App:

Ride requests are made on the same day through the Lyft app on the rider’s own smartphone. Riders requesting rides within the program’s parameters will automatically receive program subsidy.

Ride-Hailing Service with GoGo Technologies:

Ride requests are made on the same day. Riders without
smartphones will call GoGo Technologies’ GoGoGrandparent call center service and a call center representative will book the Packet Page 141
5 individual’s ride on the Lyft or Uber ride-hailing platforms. Rides that fall within the program’s parameters will automatically receive the program subsidy.
b. Services to be provided by the Transportation and Mobility Services Team include:
(1) Service Eligibility Screening & Program Enrollment
Staff will review applications, determine eligibility and enroll eligible individuals for transportation services. A Rider’s Guide will be provided to each enrolled participant. Pre-paid WAV voucher books and taxi vouchers will be sold to program participants by mail or in person at Fremont City Hall. (2) Consumer Education and Service Coordination
Staff will provide one-on-one assistance to program participants who are experiencing difficulties in accessing or using the City’s transportation services.
(3) Program Monitoring
Fremont’s Program Manager will be responsible for the ongoing monitoring and evaluation of paratransit service operations. Staff from each city will meet periodically to evaluate program and make adjustments as necessary to service operations.
(4) Service Documentation and Quarterly Invoicing
Documentation of paratransit services provided to each client will be kept in a manner consistent with the City of Fremont’s existing practice. Service statistics will be maintained and submitted to City of Newark staff on a monthly basis, and as otherwise requested. The City of Newark will be responsible for all required reporting to the Alameda County Transportation Commission.

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6 EXHIBIT B TO TASK ORDER NO. 31
BUDGET
Paratransit Services for FY 2024-25
The FY 2024-2025 budget for Task Order No. 31 is:

Paratransit Services: Up to a maximum of $280,818
Administrative Fee: Up to a maximum of $29,682
TOTAL BUDGET $310,500
Invoicing to Newark will be broken down as follows:
 Trip costs, by month, for all one-way trips provided to Newark residents:
a) Total monthly charge for Wheelchair Accessible Van services (based on each invoice received from MV Transportation) divided by the total number of one-way trips provided and multiplied by the number of one-way trips provided to Newark residents.
b) Total number of taxi vouchers redeemed by Newark residents multiplied by $25 per voucher redeemed.
c) Total monthly subsidized trip costs for Lyft rides provided through Newark residents’ Lyft smartphone app as invoiced by Lyft.
d) Total monthly subsidized trip costs for Lyft and Uber rides provided by GoGo Technologies for Newark residents as invoiced by GoGo Technologies.
 The administrative fee (8.16% of total trip cost amount) will be billed quarterly.
 Any revenues from transportation voucher sales to Newark residents will be deducted from the quarterly invoice.

The City of Newark will reimburse the City of Fremont for service provision and administrative costs associated with the Paratransit Program. The City of Fremont shall submit an invoice to Newark by January 30, 2025 for services provided in the first half of FY 2024/2025 and by July 31, 2025 for services provided in the second half of FY 2024/2025. Newark shall make payments to Fremont within thirty (30) days of receipt of an invoice.

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Memorandum 5.1
DATE: January 2, 2024
TO: Paratransit Technical Advisory Committee
FROM: Krystle Pasco, Senior Program Analyst
SUBJECT: Paratransit Direct Local Distribution (DLD)
Projections for FY 2024-25
Recommendation
Receive paratransit Direct Local Distribution (DLD) projections for FY 2024-25.

Summary
On January 9, 2024, the Paratransit Technical Advisory Committee (ParaTAC) will receive draft paratransit DLD projections for FY 2024-25.

Background
Planning Areas
The Alameda CTC divides the County into four planning areas:
• North County – the cities of Albany, Alameda, Berkeley, • Emeryville, Oakland, and Piedmont
• Central County – the cities of Hayward and San Leandro and unincorporated areas
• South County – the cities of Fremont, Union City, and Newark, as well as Union City Transit
• East County – the cities of Livermore, Dublin, Pleasanton, and unincorporated areas, and LAVTA
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Measure BB paratransit DLD funding is split by planning area as directed in the sales tax expenditure plans and within each planning area to each city by a formula adopted by the Paratransit Advisory and Planning Committee (PAPCO). The details for how funding is distributed is described below.

Measure BB Planning Area Funding Distribution
ParaTAC members should note that the 2000 Measure B funding sunset in spring 2022 and the 2014 Measure BB funding will double from 0.5% to 1% beginning April 1, 2022. Measure BB will be expanded to bring in 1% of transportation sales tax funding following the process described below. Per Alameda CTC’s 2014 TEP, 10% of Measure BB funds are allocated to affordable transit for seniors and people with disabilities, as follows:
• 6% allocated to East Bay Paratransit Consortium
• 3% allocated to cities and local transit operators
• 1% allocated for service gaps and coordination
The 2014 TEP also specifies that the 3% allocated to cities and local transit operators will be distributed to each of the four planning areas based on the percentage of the population over age 70.

Measure BB Planning Area Funding Distribution
Measure BB specifies that PAPCO develops, and the Alameda CTC Commission adopts, a funding formula to allocate funding within each planning area to the individual agency recipients. Funds from a planning area may not be transferred to another area.

In establishing the funding formula, PAPCO and ParaTAC took three areas into account that impact a community’s need for accessible transportation: age, disability, and income. The formula includes the following factors to measure these areas of concern: population over 70, population with a disability, and low-income population. The source for all data is the American Community Survey (ACS) which was deemed to be most accurate. In acknowledgement that many older seniors do not identify themselves as disabled, and therefore may not be captured by ACS data, PAPCO adopted a formula that weights seniors over the age of 80 more heavily (multiplied by 1.5).

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In January 2017, PAPCO took action to extend the funding formula for the same length of time as the Master Program Funding Agreements, through 2027, with annual updates of ACS data. The table below shows the factors included in the current funding formula for Measure BB funds.

Factor Description Data Source
Age Population estimates of seniors age 70-79
2021 American
Community
Survey (ACS)
Disability
Population estimates of seniors age 80+
multiplied by 1.5 to approximate the
population of people with disabilities who
may not identify as disabled
2021 ACS
Disability Population estimates of people with a
disability 2021 ACS
Income
Estimates of low-income households
earning 30% of the Area Median Income,
currently <$20,000 per year
2021 ACS
FY 2024-25 Projections
The draft paratransit DLD projections for all recipients for FY 2024-25 is available for reviewing in Attachment 5.1A. These projections are based on the current formula and the current Alameda CTC funding projection. ParaTAC members should note that during FY 2021-22, the 2000 Measure B funding sunset at the end of March 2022 and the 2014 Measure BB funding will double beginning April 1, 2022.

Committee members should also note that the funding projection is a draft and could change when updated projections are made available for FY 2024-25.

Updated projections can be found on the Alameda CTC website:
https://www.alamedactc.org/funding/direct-local-prog-dist-pay. These projections should be used by ParaTAC in preparing the FY 2024-25 Program Plans, which will be due in late February.

Fiscal Impact: There is no fiscal impact.

Packet Page 146
Attachment:

A. FY 2024-25 Paratransit Direct Local Distribution (DLD) Projections Packet Page 147
Recipient Measure BB
Alameda $ 548,308.25
Albany $ 94,054.83
Berkeley $ 865,484.61
Emeryville $ 84,121.00
Fremont $ 1,481,314.49
Hayward3
$ 2,152,083.58
LAVTA4
$ 961,972.28
Newark $ 331,476.25
Oakland5
$ 3,235,968.26
Pleasanton $ 599,801.03
San Leandro $ 778,579.36
Union City $ 556,756.04
East Bay Paratransit $ 23,379,840.00
AC Transit District $ 17,534,880.00
BART $ 5,844,960.00
Total $ 35,069,759.98
Notes:

1. These projections are a draft based on current revenue projections.

2. Projections are based on the current formula which expires in June 2027.

3. Hayward's projection include the unincorporated areas of Central Alameda County.

4. LAVTA's projection include Dublin and Livermore.

5. Oakland's projection include Piedmont.

Paratransit Direct Local Distribution Funding2
December 2023 (Preliminary)1
FY 2024-25 Measure BB Projection

5.1A Packet Page 148
Item D. 7.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Alex Tat, Senior Civil Engineer
SUBJECT Adopt a resolution authorizing the City to file a request to the Metropolitan Transportation Commission for the allocation of Fiscal Year 2025 Transportation Development Act Article 3 Pedestrian and Bicycle Project funding for the Annual Citywide Accessible Pedestrian Ramps Project; exempt from CEQA review per CEQA Guidelines Section 15301
SUMMARY AND RECOMMENDATION
The City is in position to receive $450,000 of Transportation Development Act (TDA) Article 3 funds for Fiscal Year 2025. Staff recommends that the available TDA Article 3 funds be allocated to the Annual Citywide Accessible Pedestrian Ramps Project in the Capital Improvement Plan (CIP). The project will install and upgrade pedestrian ramps located on various streets throughout the City to meet current Americans with Disabilities Act (ADA) standards.

Staff recommends that the City Council, by resolution, authorize the filing of a request to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2025 Transportation Development Act Article 3 Pedestrian and Bicycle project funding for the Annual Citywide Accessible Pedestrian Ramps Project.

BACKGROUND
Transportation Development Act (TDA) Article 3 is a funding source administered by the Metropolitan Transportation Commission (MTC) that is available annually to local agencies to use for bicycle and pedestrian projects. Local distributions are determined based on population and may either be used in the fiscal year in which they are distributed or rolled over and combined with previous and/or future distributions. MTC also allows the borrowing from future allocations based on the availability of funds. The City last used TDA funds in Fiscal Year 2022 for the Fiscal Year 2021-2022 Citywide Accessible Ramp project, and is now in position to receive $450,000 of TDA Article 3 funds for Fiscal Year 2025.

DISCUSSION/ANALYSIS
Staff recommends that the $450,000 of available TDA Article 3 funds be allocated to Packet Page 149
Staff recommends that the $450,000 of available TDA Article 3 funds be allocated to the CIP Annual Citywide Accessible Pedestrian Ramps Project. This amount includes the City's Fiscal 2024 and Fiscal Year 2025 allocations along with borrowing against future funds. The project will install and upgrade approximately 65 pedestrian ramps located on various streets throughout the City to meet current American with Disabilities Act (ADA) standards. Curb ramps on street segments selected for pavement rehabilitation as part of the City's Rubberized Cape Seal and Slurry Seal Program project will be prioritized. Additional curb ramp locations will be selected based on reported and identified concerns and as budget allows.

To be eligible to receive TDA Article 3 funding, the City Council must adopt a resolution authorizing the filing of an application for the TDA Article 3 funds and providing the City's assurance to complete the project.

FISCAL IMPACT
There is no fiscal impact associated with this action. Jurisdictions that receive TDA Article 3 funds are not required to provide local matching funds.

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

REVIEW AND APPROVAL
Prepared by - Alex Tat, Senior Civil Engineer
Reviewed by - Diana Cangco, Acting City Engineer
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution
Attachment A to Resolution - Required Findings
Attachment B to Resolution - Claim Form
Packet Page 150
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE FILING OF A REQUEST TO

THE METROPOLITAN TRANSPORTATION COMMISSION
FOR THE ALLOCATION OF FISCAL YEAR 2024-2025
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3

PEDESTRIAN/BICYCLE PROJECT FUNDING FOR

CITYWIDE ACCESSIBLE PEDESTRIAN RAMPS PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Newark desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the project described in Attachment B to this resolution, which is for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Newark that the City Council does hereby declare it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might adversely affect the project described in Attachment B to this resolution, or that might impair the ability of the City of Newark to carry out the project.

BE IT FURTHER RESOLVED that the project has been reviewed by the countywide Bicycle and Pedestrian Advisory Committee (BPAC) and that the City of Newark has been approved by MTC to use the countywide BPAC and the countywide BPAC provides for expanded representation of the City of Newark and the designated representative is familiar with the bicycle and pedestrian needs of the City of Newark.

BE IT FURTHER RESOLVED that the City of Newark attests to the accuracy of and approves the statements in Attachment A to this resolution.

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BE IT FURTHER RESOLVED that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the Congestion Management Agency, Countywide Transportation Planning Agency, or County Association of Governments, as the case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

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RESOLUTION NO.

ATTACHMENT A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding

FINDINGS

1. That the City of Newark is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Newark legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Newark has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Newark within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any bicycle project described in Attachment B meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

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10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Newark agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

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RESOLUTION NO.

ATTACHMENT B

Page 1 of 6 ends

TDA Article 3 Project Application Form

1. Agency City of Newark

2. Primary Contact Alex Tat

3. Mailing Address 37101 Newark Boulevard, Newark, CA 94560

4. Email Address [email protected] 5. Phone Number 510-578-4041

6. Secondary Contact (in
the event primary is
not available)
Diana Cangco

7. Mailing address (if
different) N/A☒

8. Email Address [email protected] 9. Phone Number 510-578-4225

10. Send allocation
instructions to (if
different from above):

11. Project Title 2025 Citywide Accessible Pedestrian Ramps

12. Amount requested $450,000 13. Fiscal Year of
Claim
2024-2025

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Installation and upgrade of pedestrian ramps located on various streets throughout the City to meet current ADA standards
Construction
See attached map of project locations on page 3.

Packet Page 155
Project Relation to Regional Policies (for information only)

17. Is the project in an Equity Priority Community? Yes☐ No☒

18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒

19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.

May 8, 2024 Alameda CTC BPAC – Hyperlink to Agenda here: Alameda CTC BPAC Agenda B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☐ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? N/A☒ E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐ Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☒ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): October 2025 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☒ No☐ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets Packet Page 156
Question 16 Attachment - Project Location Map
Packet Page 157
Question H Attachment - MTC Complete Streets Checklist
Packet Page 158
Packet Page 159
Packet Page 160
Packet Page 161
Item D. 8.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Diana Cangco, Acting City Engineer
SUBJECT Adopt a resolution approving the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2025 Project List
SUMMARY AND RECOMMENDATION
In order to receive Road Maintenance and Rehabilitation Account (RMRA) funds from the State, Senate Bill 1 requires cities and counties to submit to the California Transportation Commission each year a list of projects proposed to be funded with RMRA funds.

Staff recommends that City Council for Fiscal Year 2025 approve inclusion of the 2025 Asphalt Concrete Overlay Program and the Old Town PDA Streetscape and Complete Streets Improvement Project on the City of Newark’s RMRA Project List, and that the City Council, by resolution approve the Road Repair and Accountability Act of 2017 (Senate Bill 1) Fiscal Year 2025 Project List.

BACKGROUND
In April 2017, the State Legislature passed Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017. SB1 established the Road Maintenance and Rehabilitation Program and provides a significant, stable, and ongoing increase in state transportation funding to address deferred maintenance on the state highway and local streets and roads systems. Funds for the program are deposited into the State Transportation Fund, Road Maintenance and Rehabilitation Account (RMRA). The funds come from gasoline excise taxes, diesel fuel sales taxes, and vehicle registration fees.

SB1 continues to generate over $5 billion annually for State and local transportation improvements.

Cities and counties are slated to receive over $1.4 billion per year for local street and road maintenance. Allocations of funds to cities are based upon population.

It is projected that the City of Newark will receive approximately $1,229,167 of RMRA funds for Fiscal Year 2025. This funding is in addition to the Highway Users Tax Account funds that the City receives annually (commonly known as “Gas Tax” funds). RMRA funding is included as part of the City’s 2024-2026 Biennial Budget and Capital Improvement Plan.

In order to receive RMRA funds from the State, SB1 requires cities and counties to submit to the California Transportation Commission each year a list of projects proposed to be funded with RMRA funds. RMRA funds are required to be used towards projects which include, but are not limited to:
· Road maintenance and rehabilitation
· Safety improvements
· Railroad grade separations
· Traffic control devices
· Complete street components, which include active transportation elements, pedestrian and bicycle safety improvements, transit facilities, and drainage and stormwater capture measures in conjunction with other allowable projects
Packet Page 162

DISCUSSION/ANALYSIS
It is projected that the City of Newark will receive approximately $1,229,167 of RMRA funds for Fiscal Year 2025. Staff recommends that City Council approve the following RMRA project list for Fiscal Year 2025:

The RMRA project list is neither binding nor inclusive. Including a project on the list does not obligate the City to complete the project nor does it limit the flexibility of the City to use RMRA funds toward projects not originally included on the list, so long as the project meets the eligibility criteria listed above.

FISCAL IMPACT
There is no fiscal impact associated with this action. Jurisdictions that receive SB1/RMRA funds are not required to provide local matching funds.

REVIEW AND APPROVAL
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 - Lenka Hovorka, Assistant City Manager
Attachments
Resolution
Packet Page 163
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017 (SENATE BILL 1) FISCAL
YEAR 2024-2025 PROJECT LIST
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects in our community that are proposed for SB1 funding and which projects are completed each fiscal year; and
WHEREAS, the City must adopt by resolution each year a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, with such list of projects including a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,229,167 in RMRA funding in Fiscal Year 2024-2025 from SB1; and
WHEREAS, this is the eighth year in which the City is receiving SB1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasaccess and mobility options for the traveling public that would not have otherwise been possible without SB1; and
WHEREAS, the City used the 2024-2026 Capital Improvement Plan to develop the SB1 project list to ensure public input into our community’s transportation priorities; and WHEREAS, the City uses a Pavement Management System to develop SB1 project lists to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate multiple street segments and help add active transportation infrastructure throughout the City this year and into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets are in “good” condition and this revenue will help the City maintain the overall quality of our road system over the next decade; and Packet Page 164
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety and investing in complete streets infrastructure will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby approve the following list of newly and previously proposed projects to be funded in part or solely with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues:

Project Title
& Description Project Location
Estimated
Useful
Life
Anticipated
Start of
Project
Anticipated
Completion
of Project
2025 Asphalt
Concrete Overlay
Program
Pavement
maintenance of
various streets
involving
placement of
asphalt concrete
overlay and base
repairs
 Fountain Ave – between
Haley St and Cherry St
 Castleford Ct – from
Lake Blvd to End
 Chestnut St – between
Thornton Ave and
Juniper St
 Crestmont Ave – from
Bettencourt St to End
 Baine Ave – between
Bellhaven Ave to
Lafayette Ave
 Elm St – between SP
Railroad to Wells Ave
20 years July 2025 October 2025
Old Town
Streetscape and
Complete Streets
Improvements,
Project No. 1258
Roadway and
complete street
improvements that
will improve
access, safety, and
connections for
pedestrians,
bicyclists, and
transit users, while
also serving as a
catalyst for private
investment in the
Old Town
neighborhood.

The project will
Thornton Avenue
between Cherry Street
and Ash Street
20 years June 2025 December
2025
Packet Page 165
reduce the number
of travel lanes on
Thornton Avenue
to provide wider
sidewalks and add
bicycle lanes. The
project will install
additional safety
and connectivity
improvements,
which includes
new high visibility
crosswalks, curb
extensions, bus
stop amenities, and
landscaping to
improve the
convenience and
comfort of
alternative travel
modes.

Packet Page 166
Item D. 9.

DATE 06/13/2024
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, bicyclists 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 167
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 168
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 - Lenka Hovorka, Assistant City Manager
Attachments
Resolution
Cooperative Agreement
Packet Page 169
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, bringing 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 pedestrians, bicyclists, 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.

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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 171
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 172
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 173
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 174
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.

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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.

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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 177
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 178
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 179
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.

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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.

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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 182
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.

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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 184

EXHIBIT A
Old Town Streetscape Project Site Area
Packet Page 185

EXHIBIT B
ACWD Design Scope Costs
Packet Page 186
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 187
Item F. 1.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Senior Management Analyst
SUBJECT Adopt a Resolution approving the Public Art Master Plan May 2024 Update
SUMMARY AND RECOMMENDATION
In November 2022, City Council authorized an agreement with Gail M. Goldman Associates and Art Builds Community for an update of the 2001 Public Art Master Plan.

The draft Public Art Master Plan update was presented to City Council in November 2023 and, after incorporating comments provided by the Council and the public, the Plan Update has been prepared for final consideration by the City Council. The Plan Update will serve as a guide to develop, administer and maintain a vibrant and inspiring public art program in Newark.

Staff recommends that the City Council, by resolution, adopt the Public Art Master Plan May 2024 Update.

BACKGROUND
In 2001, the City Council approved the City’s first Public Art Master Plan (Plan). After more than two decades, staff began the process to update the Plan. In November 2022, the City Council authorized an agreement with Gail M. Goldman Associates and Art Builds Community to update the Plan. During the first half of 2023, the consultant conducted robust and diverse community engagement. This engagement and input from the Newark community were key to the development of the Plan Update. The community engagement strategy included stakeholder meetings, focus groups, an online survey, a community meeting, and artist-led pop-ups.

In November 2023, a draft Plan Update was presented to the City Council highlighting five recurring themes that emerged during community outreach:

Identity and Civic Pride: Use public art to set Newark apart from surrounding communities

1. Accessibility and Public Education: Locate high quality art throughout Newark, ensuring that it is fully accessible to the public

2. Local Artists: Support and increase visibility of local artists and creative entrepreneurs

3. 4. Administration and Collection Management: Promote the implementation of the Packet Page 188
Public Arts Master Plan Update
Funding: Ensure that the Art in Public Places fund has sufficient dollars to support public art and other arts initiatives

5. Following the presentation of the draft Plan Update, the consultant solicited feedback from the City Council and the community that was considered during the finalization of the Plan Update.

DISCUSSION/ANALYSIS
The Public Art Master Plan May 2024 Update outlines a strategic framework for the development, implementation, and management of a robust public art program in Newark. By having a strong public art program, Newark will stand out and create a deeper sense of identity.

The consultant team worked closely with staff and the community to develop the following Vision, Goals and Guiding Principles:

Vision: All residents and visitors in Newark experience public art as part of their daily lives and throughout all neighborhoods, celebrating the City’s history, people, natural environment, and culture.

Goals: The City of Newark will adopt the Public Art Master Plan May 2024 Update as the guiding document for all public art and public art programming proposed for City property and the public realm in general.

Provide diverse and engaging public art throughout Newark Commission community-focused art in publicly accessible places Integrate public art into qualified municipal construction projects Celebrate Newark’s cultural diversity through public art Connect and build the artist community in Newark
Provide ongoing financial and administrative support for public art Maintain and expand the City’s collection of public art Guiding Principles: Public art in Newark has the power to:

Express Newark’s identity throughout the built environment.

Elevate the role of artist and the creative process play in connecting people and place.

Provide equitable access to a diversity of artists and artistic experiences.

Encourage multi-disciplinary collaboration in the public and private sectors to create vibrant public spaces.

Celebrate the communities’ cultural assets, highlighting the unique character of Newark’s neighborhood, honoring their histories, and preserving quality of place.

The Public Art Master Plan May 2024 Update outlines a variety of recommendations to support the vision, goals, and guiding principles. These recommendations are organized according to the recurring themes that were identified during community engagement. The recommendations are meant to guide the City Council, staff and the future Public Art Committee with the flexibility to develop, implement and manage projects that are within the resources available.

Packet Page 189
projects that are within the resources available.

The Plan Update includes a draft five-year implementation grid that outlines projects and administrative tasks with associated costs for the next five years. Many of the items have already commenced, including the inclusion of public art in the Central Overpass and Old Town Streetscape Capital Improvement Projects. Additionally, staff have recommended the addition of a new Recreation Supervisor in the draft 2024-2026 Biennial Budget, in part, to support the public art program. Additional administrative support will be provided by public art consultants.

The Plan Update includes sample policies that are essentially a toolkit of best practices that have been successfully implemented in other local municipalities. Staff can draw upon these sample policies and adapt them to fit the context of Newark and align them with the vision, goals, and guiding principles of the Public Art Master Plan May 2024 Update.

During the next twelve months, if adopted, the following public art activities are recommended:

Continue the inclusion of public art in the Central Overpass Project Continue to coordinate public art with the Old Town Streetscape Project design team
Implement the Utility Box Art program
Develop a changing art exhibit in the lobby of City Hall Establish the Public Art Committee (PAC)
Create a Public Art Ordinance and revise the Art in Public Places Fee Finalize recommended public art policies (samples provided in Plan Update) FISCAL IMPACT
The adoption of the May 2024 update to the Public Art Master Plan, along with the implementation of its recommendations, will be primarily funded by the Art in Public Places Fund. Adequate funds are available to carry out the activities described for the first year, including the necessary staff and consultant resources to support these initiatives. Staff will request the appropriation of these funds as needed.

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Senior Management Analyst
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Reviewed and Approved by - Lenka Hovorka, Assistant City Manager Attachments
Public Art Master Plan May 2024 Update Resolution
Public Art Master Plan May 2024 Update
Public Art Master Plan May 2024 Update presentation
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ADOPTING THE PUBLIC ART MASTER PLAN
MAY 2024 UPDATE
WHEREAS, the first Public Art Master Plan was adopted in 2001 to formally guide public art expenditures and strengthen the overall program; and WHEREAS, after two decades an update was needed to ensure the plan represents the current community in Newark; and
WHERAS, the City released a request for proposals to update the Public Art Master Plan (Plan) and entered into an agreement with Gail M. Goldman Associates and Art Builds Community (Consultant) for the Plan update; and
WHEREAS, the Consultant conducted a robust community engagement effort that informed the Public Art Master Plan May 2024 Update; and WHEREAS, the Public Art Master Plan May 2024 Update will be a guide to the City in its efforts to promote and support public art; and
WHEREAS, the draft Plan was presented to City Council in November 2023 and feedback was received; and
WHEREAS, the feedback provided has been incorporated into the final Plan.

NOW THEREFORE, BE IT RESOLVED that the City Council herby adopts the Public Art Master Plan May 2024 Update attached hereto and incorporated by reference.

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Gail M. Goldman Associates
Art Builds Community
May 2024
- Final Draft -
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City of Newark Public Art Master Plan
Final Draft

TABLE OF CONTENTS PAGE
I. EXECUTIVE SUMMARY
II. BACKGROUND
A. Context
B. 2001 Public Art Master Plan
C. Purpose of Updated Public Art Master Plan
III. TIMELINE AND METHODOLOGY
IV. RESEARCH
A. Synergy with Other City Plans
B. Community Outreach
V. VISION, GOALS AND GUIDING PRINCIPLES
VI. RECURRING THEMES AND SUMMARY OF RECOMMENDATIONS
VII. RECOMMENDATIONS AND PROJECT CONSIDERATIONS
A. Identity and Civic Pride
B. Accessibility and Community Education
C. Local Artists
D. Administration and Collection Management
E. Funding Strategies
VIII. IMPLEMENTATION: FIVE YEAR ACTION PLAN
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IX. APPENDICES
A. City of Newark Staff Interviews
B. Core Questions
C. Survey Responses
D. Location Map
E. Sample Public Art Program Position Descriptions
F. Sample Workplan Template
G. Sample Artist and Artwork Selection Guidelines
H. Sample Deaccession Policy
I. Sample Gifts, Loans, and Exhibitions of Art Policy
J. Sample Memorials Policy
K. Sample Temporary Art Policy
L. Sample Public Art Ordinance
M. Sample Language for Inclusion in RFP/RFQ for Prime Contractor N. Five Year Implementation Grid

APPENDICES PAGE
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Image: Ve, a Teen Focus Group participant shows off her illustration that she drew to welcome people to Newark.

Credit: Quynh-Mai Nguyen
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I. EXECUTIVE SUMMARY
This Public Art Master Plan (PAMP) is designed to be a comprehensive guide for the City of Newark (City) in its efforts to promote and support public art. This plan intends to provide a clear direction and vision for the City’s Public Art Program and to ensure that public art is integrated into the community in a meaningful and impactful way.

The PAMP establishes the policies and procedures needed to effectively manage the City’s Public Art Program and collection, and to promote public art as an essential component of the community’s cultural and creative landscape.

The PAMP will help the City make informed decisions about public art, including the selection and placement of artworks, the commissioning of new works, and the management of a public art collection. It will provide a roadmap for the City to effectively leverage its resources and staff capacity to support public art initiatives, and it will provide a framework for community engagement and involvement in public art projects.

By having a strong and diverse public art presence, Newark can differentiate itself from neighboring communities and create a unique sense of place and identity.

Public art can drive tourism and encourage people to explore and experience the culture and art offerings across the city. Additionally, by supporting artists, cultural organizations, and businesses, Newark can further strengthen its economy and provide valuable opportunities for growth and development.

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II. BACKGROUND
A. CONTEXT
The City of Newark is an island surrounded by the City of Fremont and bordered to the west by the brightly colored Cargill Salt ponds, its oldest heritage industry. Located adjacent to San Francisco Bay with immediate access to
Fremont’s Don Edwards Wildlife Preserve, the city has no actual waterfront. Instead, it has wonderful views.

While many people experience Newark as a pass through on the Dumbarton Bridge from the San Francisco Peninsula to the East Bay, the city is a hidden gem with its own unique neighborhoods, ethnic cultures, and economic strengths.

Newark is a comfortable, well-governed suburban city with a strong sense of community and a small-town feel. Founded in 1955, Newark has grown from a population of fewer than 10,000 in 1960 to almost 50,000 today with another 10,000 expected in the coming decade. Like many other places in the Bay Area, it has evolved from a small town with a few unique industries, into a burgeoning bedroom community
with tree-lined neighborhoods and inward-looking
industrial parks. And, as its populations and its industries grow, the city’s profile is changing.

Image (Top): Stained glass artwork panels
from the old City Hall were reused at the
entry to each of the new buildings. Credit:

Perkins & Will
Image (Bottom): Cargill salt stacks are
located at the west end of Newark and are
a part of the industrial history of the city,
2010. Credit: Cris Benton
Image: : The Newark Civic Center Plaza is home to the Police Building, Newark Library and the new David W.

Smith City Hall and serves as a community gathering place for special events. Credit: City of Newark Packet Page 196
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The first wave of Newark’s neighborhoods were primarily single-family homes on discreet lots. There are large houses on generous lots in the Lake District and smaller houses closer together near the core of the historic Old Town neighborhood. Newer neighborhoods are denser, consisting of townhouses and apartments. However, what neighborhoods lack is a pedestrian-oriented mixed-use area for people to gather. While Newark is well-served with open spaces and recreational opportunities, it’s missing a strong sense of place. As a suburban bedroom community, people are most likely to meet at a mall or a recreation center aside from the community parks. What is exciting is that as the city grows, there is potential to change where and how the community gathers.

B. 2001 PUBLIC ART MASTER PLAN
In 1992, the City Council adopted a series of resolutions to create an Art in Public Places and Private Development Program. This included a public art in private development fee based on square footage for new residential, office, light manufacturing, and high technology development. Fees began to be collected in 1999 and were deposited into the Art in Public Places Fund. Basic goals and parameters for the expenditures of the fee, including a list of target locations for public artwork, were established by the Art in Public Places and Private Development Program.

To guide future art fee expenditures and strengthen the overall program, a Public Art Master Plan subsequently was conducted and adopted by the City Council in 2001.

However, few of the projects identified in the original Public Art Master Plan were able to be implemented. The landscape and demographics of Newark have evolved over the last twenty years. In addition to its two decades of transformation, an increased interest in public art prompted the City to update the 2001 Public Art Master Plan.

C. PURPOSE OF THE UPDATED PUBLIC ART MASTER PLAN
This Public Art Master Plan was commissioned at an opportune time when Newark is reviewing its Citywide Parks Master Plan, revitalizing its historic neighborhoods, assessing its capital improvement needs, and initiating a variety of programs to make it more pedestrian and bicycle friendly. In response to the pandemic, the city employed ARPA recovery funds to support small businesses and community-focused activities and is primed to build upon these efforts to concentrate on placemaking and enhancing its civic identity. Public art and arts activities can be a significant part of that effort.

As Newark moves beyond the pandemic with renewed interest in expanding its civic infrastructure, City leaders recognize that engaging artists in enhancing its development efforts, reestablishing a downtown, and creating places for people to participate in the arts will reinforce its sense of place and provide creative activities for all to enjoy. This plan establishes a framework to realize that vision.

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Gail M. Goldman Associates and Art Builds Community, with the City of Newark City staff, developed this plan between December 2022 and November 2023. Research included site visits, interviews, focus groups, community meetings, and artist-led community engagement throughout the planning process. The consultants sought input from stakeholders including City staff, private developers, community leaders, and artists. City planning documents were reviewed to help identify potential public art projects, partnerships, and programs.

Newark residents, business owners, workers, and visitors provided key input that informed the plan recommendations, which will guide future public art projects in Newark.

Timeline:
• December 2022–February 2023: Project Initiation & Research • February–June 2023: Community Outreach and Public Participation • June–November 2023: Development of Public Art Master Plan • May 2024: Final Draft Designed Plan
III. TIMELINE AND METHODOLOGY
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A. SYNERGY WITH OTHER PLANS
The research into City priorities included interviews with City staff, tours of Newark, and an overview of the City’s planning goals. During the past few years, the City has commissioned several planning studies that can have a direct bearing on arts and culture. These plans assisted the consultants in identifying locations for art, understanding the City’s values and its municipal aspirations, and tailoring its recommendations. The consultants reviewed these documents and conducted follow-up interviews with City staff and their planning consultants. The documents included:

IV. RESEARCH
• Public Art Master Plan, 2001
• Old Town Newark Specific Plan 2021
• Dumbarton Corridor Improvements
(Central Overpass) 2020
• NewPark Place Specific Plan 2018
• Active Transportation Plan 2017 Update
• Citywide Parks Master Plan 2017
• Housing Element Update 2015
• Newark California General Plan 2013
• Dumbarton TOD Specific Plan, 2010 Image: Blackbird by Kincannon Studios LLC in Austin, TX, honors the Mexican-American
community with a nod to 60s pop music, 2017.

Credit: Kickstart Farmington
Image: Newark community members gather at the start line of the Family Fun Run at Newark Community Center Park on March 24, 2023. Credit: Quynh-Mai Nguyen Packet Page 199
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In general, these plans provide a myriad of opportunities for the inclusion of public art ranging from iconic gateways to functional streetscape elements to interactive and performative art, both permanent and temporary.

Facilities Master Plan
By design, the City is simultaneously preparing a Facilities Master Plan and Public Art Master Plan. As input from the community was solicited for both planning initiatives, it is clear that a synergy between the two exists.

The Facilities Master Plan includes a condition assessment of existing facilities and studying them for replacement or renovation in the context of expressed community needs.

Through their community outreach efforts, performing and visual arts rank high in interest. • Through the Public Art Master Plan process, artists and the community at large repeatedly expressed an interest and need for a designated community art center with exhibition, performance, and classroom space.
• In addition, the Public Art Master Plan includes the consideration of allocating one percent of construction costs for public art in new and renovated City Capital Improvement Projects.

The consultants for the Public Art Master Plan and Facilities Master Plan met and discussed the overlaps and how coordination between these two plans benefits the community and the City.

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B. COMMUNITY ENGAGEMENT
From February through June 2023, Gail M. Goldman Associates (GMGA) and Art Builds Community (ABC) conducted community outreach activities including stakeholder meetings, focus groups, a bilingual survey in English and Spanish, and artist-led public pop-up events.

City Staff
The consultants met with City staff members from
the City Manager’s Office, Community Development,
Recreation and Community Services, Public Works,
Human Resources, Police, Fire, and Economic
Development, as well as the Alameda County Newark
Library staff (Appendix A). Two input sessions open to
all City staff were held at City Hall with more than 30 staff members participating from across departments.

Focus Groups and Community Meeting
The consultants conducted five in-person focus groups
and one community meeting. Seniors, artists,
community organizers, business owners, and youth of
diverse backgrounds and identities participated and
provided input about community needs and priorities.

One public community meeting was held on May 16 at
the Newark Library.
• Seniors Focus Group at Clark W. Redecker
Newark Senior Center (February 23)
• Promotores Focus Group at The Silliman Activity
and Family Aquatic Center (February 24)
• Teen Focus Group at The Silliman Activity and
Family Aquatic Center (February 24)
• Merchants Focus Group at Lion Center Plaza
(March 23)
• Artists Focus Group at Newark Library (May 17)
Images: During the Teens Focus Group at the Siliman Activity and Family Aquatic Center on February 24, 2023, the youth were asked to think about what makes Newark special to them. They were then asked to translate that into a drawing for a postcard or mural that welcomes people to the Newark. Credit: Quynh-Mai Nguyen Packet Page 201
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City Staff
From March 1 to June 30, 2023, a survey was available in English and Spanish and was circulated widely through
the City of Newark Public Art Master Plan project
webpage, community event calendars, and email lists. It also was printed in the City’s quarterly newsletter, on flyers, and as bookmarks distributed at the Newark
Library and community engagement pop-ups.

Consultants and City staff developed core questions
specific to Newark for the survey. There were 266 people who participated in the survey and whose responses
helped inform the recommendations in this plan
(Appendix B and C).

Pop-ups
The consultants and City staff identified the existing
community events to hold the pop-up engagement
activities:
• Family Fun Run March 24, 2023
• Family Day at the Park April 1, 2023
• Newark Library May 13, 2023
• Music at the Grove June 16, 2023
To build excitement and provide experience to a
Newark-based artist, the consultants announced and
distributed a competitive call to artists in the Tri-City area to co-lead the PAMP community outreach
activities.

Newark digital artist Vincy Chow was selected to lead
the pop-ups. She developed a project called “Newark
City Charm,” an art-making activity using plastic sheets that shrink and thicken to one-third the size when
heated (aka Shrinky Dinks). Chow created illustrations
representing six public art categories: environmental,
functional, light/digital/sound, performance/events,
historical, and murals.

Images: A campaign for the community
engagement pop-up tour took place at
different community events to encourage
community members to provide feedback
to the Public Art Master Plan by filling out
a survey or participating in an art activity
facilitated by a local artist. Credit: Quynh-Mai
Nguyen
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Participants reviewed images that illustrated these categories and selected the illustration that represented their preferences. They colored their own “hometown charm” and left with instructions of how to create their Shrinky Dink. Pop-up participants also shared feedback by voting for public art categories, answering core questions, and identifying potential locations and opportunities for public art on a map of Newark. This map was transformed into a visual heat map (Appendix D).

The list below represents the top four public art categories that were ranked highest by the community participants during the community engagement Pop-Ups:
• Performances/Events
• Light/Digital Art/Sound
• Community & Interactive Art
• Environmental Art
Other notable takeaways were a strong interest in more family and community-oriented programming in local parks, more opportunities for cultural art experiences to build civic pride, and the need to remove language barriers to arts participation.

Images: Particpants were invited to provide their feedback by making shrinky dink charms designed by local artist Vincy Chow. Credit: Quynh-Mai Nguyen
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Image: Participants helped create a map that located opportunities for public art throughout Newark. Credit: Quynh-Mai Nguyen
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A. VISION
All residents and visitors in Newark experience public art as part of their daily lives and throughout all neighborhoods, celebrating the city’s history, people, natural environment, and culture.

B. GOALS
The City of Newark will adopt the Public Art Master Plan as the guiding document for all public art and public art programming proposed for City property and the public realm in general.
• Provide diverse and engaging public art throughout Newark. • Commission community-focused art in publicly accessible places. • Integrate public art into all qualified municipal capital construction projects. • Celebrate Newark’s cultural diversity through public art. • Connect and build the artist community in Newark.
• Provide ongoing financial and administrative support for public art. • Maintain and expand the City’s collection of public art.

V. VISION, GOALS, AND

GUIDING PRINCIPLES
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C. GUIDING PRINCIPLES
Public art in Newark has the power to:
• Express Newark’s identity throughout the built environment. • Elevate the role the artist and the creative process play in connecting people and place.
• Provide equitable access to a diversity of artists and artistic experiences. • Encourage multi-disciplinary collaboration in the public and private sectors to create vibrant public spaces.
• Celebrate the communities’ cultural assets, highlighting the unique character of Newark’s neighborhoods, honoring their histories, and preserving quality of place.

Image: Newark Days is a fourday festival that celebrates the birthday of the City of Newark,
CA, 2023. Credit: Eternity Band
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Information gleaned throughout the research and community engagement processes was evaluated. Input that was repeatedly expressed resulted in the following recurring themes which evolved into the specific recommendations in each category.

VI.RECURRING THEMES AND SUMMARY

OF RECOMMENDATIONS
A. IDENTITY AND CIVIC PRIDE
Use public art to set Newark apart from surrounding
communities.

RECOMMENDATIONS

1. Use public art for demarcation of the major gateways into Newark, welcoming people and helping to identify Newark.

2. Place public art along bicycle pathways, crosswalks, and intersections to encourage and increase usage and
ridership.

3. Develop temporary and permanent public art projects and placemaking opportunities at the Civic Center and in parks throughout Newark.

4. Integrate public art into any update of existing or
development of new City planning documents, i.e.,
Facilities Master Plan, Old Town, Central Overpass,
Active Transportation Plan, Parks Master Plan.

5. Develop an art in vacant storefronts program to support artists and animate business districts and shopping centers.

6. Use public art to create walkable pathways and
destinations for public gatherings.

Image: Westminster, Sonia Romero,
Westminster, CA, 2022. Permanent
public art can provide opportunities
for diverse communities to see
themselves in the art. Credit: Sonia
Romero
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B. ACCESSIBILITY AND PUBLIC EDUCATION
Locate high quality art throughout Newark, ensuring that it is fully accessible to the public.

RECOMMENDATIONS

1. Commission a range of artworks in theme, form, and interactivity, i.e., murals, environmental, light projections/digital art, functional, historical, interactive/kinetic.

2. Use public art to reflect the history and demographics of Newark by combining historic with contemporary values.

3. Use public art to celebrate the natural environment that is distinctive to Newark, i.e., Salt Ponds, the Bay, the windy climate.

4. Partner with private developers to create opportunities to utilize private property for changing sculpture.

5. Implement a comprehensive program of community education and outreach designed to introduce all sectors of Newark to public art.

Image: A Resurrection in Four Stanzas by April Banks opened in 2021, is located in the historical African American neighborhood of Belmar Park in Santa Monica, CA. The permanent sculptures respond to the history of place with a social practice lens by calling out four parts of a physical home that no longer exists. Credit: Public Art Archive
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C. LOCAL ARTISTS
Support and increase the visibility of local artists and creative entrepreneurs.

RECOMMENDATIONS

1. Create a visual arts center as a venue for exhibitions, classes, and as a gathering place for informal interaction among artists.

2. Provide opportunities and build capacity for local artists by hosting workshops, creating an artist directory, and establishing an artist-in-residence program where artists collaborate with a host organization, institution, or neighborhood in pursuit of a specific public art project, performance, or event.

3. Support opportunities for local artists to showcase and sell their work, including the annual Open Studios event, booths for local artists at community events through funding and/or waiving booth fees, and changing exhibitions in City buildings.

Image: Participants create art as a way to provide feedback on the type of public art they wish to experience in their communities during Family Day at the Park on April 1, 2023. Credit: Quynh-Mai Nguyen Packet Page 208
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D. ADMINISTRATION AND COLLECTION

MANAGEMENT
Promote the implementation of the Public Art Master Plan.

RECOMMENDATIONS

1. Provide adequate staff and/or consultants to administer the Public Art Program.

2. Initially locate the Public Art Program under the City Manager’s Office with the option of moving it to another department at a later date.

3. Establish a Public Art Committee appointed by the Mayor and approved by City Council to advise on and advocate for public art.

4. Prepare an annual Public Art Workplan that identifies new projects to be initiated within that fiscal year and provides a status report on current and completed projects.

5. Provide Artist and Artwork Selection Guidelines, including goals and definitions of art, for the implementation of municipal and private development public art projects.

6. Document and maintain the artwork in the City’s public art collection.

7. Adopt policies and procedures for the deaccession of artwork, donations and loans of artwork, memorials, and temporary art to meet industry standards for effective
public art collection management.

Image: Vitae Telam (Web of Life) Tela de
la Vida by Jamex and Einar de la Torre is
located at the Ranchos Los Amigos
National Rehabilitation Center in Downey,
CA. 20’ sculpture combines the traditional
tree of life with the human skeletal
system, 2018. Credit: De La Torre Brothers
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1. Establish an allocation of one percent of construction costs for art in City Capital Improvement (CIP) projects.

2. Revise the current public art fee for new private development from a square footage-based fee to 0.5% of the building permit valuation.

3. Identify sustainable funding sources and systems for supporting and maintaining the Public Art Program, i.e., grants, foundations, and Corporate Social Responsibility (CSR).

Image: Whimsy & Wise by Brad Oldham, serves as functional bollards in front of the Mitchell Park Library in Palo Alto, CA, 2013. Credit: City of Palo Alto
E. FUNDING
Ensure that the Public Art Fund has sufficient dollars to support public art and other arts initiatives.

RECOMMENDATIONS
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The following recommendations are in direct response to the expressed needs of the residents, visitors, business owners, developers, artists and other stakeholders who want to engage in creative and culturally relevant arts experiences throughout Newark. Each recommendation includes project and programming ideas for consideration, which in some cases fall within multiple categories. The project suggestions are intended to enable the City to launch and establish the Public Art Program as well as plan for its future.

A. IDENTITY AND CIVIC PRIDE
Through extensive research and conversations, the following list of priority locations and opportunities where residents and business owners would like to experience public art developed:
• Medians
• High visibility crosswalks
• Mowry Avenue, Thornton Avenue,
Newark Boulevard near Highway 84
• Civic Center Plaza
• Newark Community Center
• Future Transit Station at Bayside
• Bridgepointe Park
• Electronic signs facing
Interstate 880
• Routes to schools
VII. RECOMMENDATIONS AND PROJECT

CONSIDERATIONS
Image: Oakland Chinatown crosswalks are an example of temporary functional art that identifies a neighborhood.

Credit: Greg Linhares, City of Oakland, CA, 2010
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1. GATEWAYS
RECOMMENDATION: Use public art for demarcation of the major gateways into Newark, welcoming people and helping to identify Newark.

Artwork strategically located at entrances into Newark emphasizes a sense of arrival and become landmarks that serve as way-finding elements to welcome residents and visitors and draw them to local parks, business centers, and other amenities. Thornton Avenue at Nimitz Freeway, at the northwest entry and Mowry Avenue at Nimitz Freeway at the southeastern entry point into the city are prominent locations for major public art gateways. Memorable artwork at these major entrances into Newark will help demarcate the city and promote it as a destination in addition to generating civic pride among those who live and work there.

Image: The Motion Cornerstone, Gateway of the Open Book was created by Brower Hatcher, Providence, RI, in cooperation with Frank Russell, Greensboro, NC celebrates the unique qualities of the city in one of four gateways in the city, 2012.

Credit: Greensboro Public Art
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2. PARKS AND NEIGHBORHOODS
RECOMMENDATION: Develop temporary and permanent public art projects and placemaking opportunities at the Civic Center and in parks throughout Newark.

As an option, temporary public art is a highly effective tool for developing socially engaging, interactive art experiences in community settings. Carefully planned and executed, temporary art generates substantial awareness, involvement, and appreciation for public art. Temporary projects can involve a wide range of artists and art forms including visual, culinary, literary, media, and performing arts. Temporary interactive artwork can be commissioned to help mitigate construction zones, street and sidewalk closures, add to the festivities at a ribbon cutting, or attract people to other special events.

Temporary installations and performances also can be more experimental in nature, are not placed in perpetuity, and are more cost effective in general. By its fresh and timely nature, temporary art fosters artistic exploration far beyond the traditional boundaries of public art and will draw residents and visitors to Newark in anticipation of each new installation or activity.

Image: Dragonfly Garden by Lorna Jordan is a City of Seattle, WA Public Utilites 1% for Art funds program. It is integrated into the entrance of SPU’s Longfellow Creek Drainage and Habitat Improvement Project, 2006. Credit:

City of Seattle Office of Arts & Culture
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Embrace Nature
To promote usership and safety, as well as walking and biking, public art on trails and at parks such as Jerry Raber Ash Street Park will encourage local and regional residents and visitors to return often. Placemaking opportunities in parks include art on trash receptacles and functional elements such as seating, shade structures, and bicycle racks. Art in the parks also provides a vehicle to celebrate the neighborhoods that surround it.

Outside the Box: Utility Boxes and Trash Receptacles
Utility boxes and trash receptacles in parks and throughout Newark are undiscovered canvases for artwork. An often-expressed community priority, the City can hold a competition for Tri-City artists, graphic designers, photographers, illustrators, and other creative entrepreneurs to develop concepts for utility boxes and trash receptacles that can be realized by painting directly onto the metal or reproducing digital artwork onto vinyl wraps. Led by an artist, school children can participate in creating art for the utility boxes outside their respective schools. Themes related to neighborhood and community identity can be defined and the artwork refreshed annually.

Image (Top Left): Traceries by Mary Bates Neubaue, Scottsdale, AZ is an augmented reality project where people can meet the artist as she shares the story behind the recycle and waste bins, 2020. Credit: CodaWorx Image (Top Right): Litter-Ature by Mighty Mike McGee and Carlos Perez, San Jose, CA are a series of creative poetry responses chosen from 180 students., 2019. Credit: City of San Jose
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Image (Top): The Pool by Jen Lewin a temporary project in Brooklyn, NY is a large-scale interactive installation featuring concentric circles made from more than 100 circular pads where play and movement produces a show of light and color, 2022. Credit: Gotham To Go Art & Culture Image (Bottom): Cold Spring Yarnbomb, ‘12 by Stephen Duneier in Santa Barbara, CA is a temporary artwork on a 40’ eucalyptus tree, 2023. Credit: Yarnbomber.com 24 FINAL DRAFT
Civic Celebration
The new Civic Center is a prime location for temporary large public art projects that celebrate the diverse cultures of Newark. This can take the form of an interactive visual art installation, dance performance, and poetry slam, among other considerations.

Yarn Storming
Yarn Storming is the practice of using knitting and crochet yarn to cover objects in the public realm on a temporary basis. This art form is used to beautify public spaces, reclaim sterile urban environments, and add whimsey, color, and craft into the public view in unexpected areas, engaging and delighting people of all ages. Trees, bicycle racks, streetlight poles, and any number of other objects can be used.

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Image: ‘78’ by Paul Rucker
honors the Northwest jazz
legends that once populated
Jackson Street in Seattle, WA
Central District, 2021. Credit:

Daniel Spils
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3. PUBLIC ART AND PLANNING DOCUMENTS
RECOMMENDATION: Integrate public art into City planning documents, i.e., Facilities Master Plan, Old Town Specific Plan, NewPark Place Specific Plan, Active Transportation Plan, Parks Master Plan.

Incorporating public art into the fundamental aspects of planning elevates the quality of the urban environment and promotes a cohesive vision for the character of public places and neighborhoods. Including public art considerations in General Plan updates, strategic plans, and master plans redefines the relationship of art to urban space as an integral part of the urban infrastructure and the natural environment.

When public art is addressed at the planning level, it can contribute to economic prosperity, create great public spaces, foster cultural diversity, and attract tourists—all while celebrating the distinctiveness of Newark and its neighborhoods. Artwork enlivens the pedestrian experience by serving as a point of reference, landmark, or critical linkage.

Incorporate Language into Planning Documents
All appropriate general, strategic, and master planning documents need to include a set of prioritized public art goals and opportunities (Appendix M). When implemented, the inclusion of public art becomes part of the vision and is further refined in relevant design standards and other implementation documents.

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Image: Quercus 650 by Paz De La
Calzada is a temporary streetscape
mural (36’ x 30’) on California Avenue
in Palo Alto, CA, 2023. Credit: Amanda
Rawson
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Language in future plans, based on the type of plan, needs to:
• Identify and define public art goals, guidelines, and opportunities that include the examination of character, connections, history, and land uses. • Outline criteria for placement of public art, including appropriate material and scale. • Classify high-visibility placement opportunities.
• Describe programming ideas for temporary public art installations and performances.

Professional Design Services Selection
To reinforce the City’s commitment and expectations regarding public art in Capital Improvement Projects (CIP), it is important to provide advance notice regarding requirements in all Requests for Qualifications to potential project consultants. In addition, language regarding the consultant’s responsibility to work with artists needs to be included in the contract between the city and the consultant. During interviews, it is useful to include questions regarding the consulting firm’s experience working with artists and the firm’s approach to public art. To assist in the assessment of the firms, it is recommended that Public Art Program staff participate on the interview panel.

Pilot Projects
Notably, City leadership has proactively addressed this recommendation by initiating two significant pilot projects.

In addition to studying ways to mitigate construction through commissioning temporary art, the city has included working with artists in the Request for Proposals as part of the scope of the design consultant for Old Town Streetscape Improvement Projects. This is significant at this early stage of planning because it maximizes the opportunities for art to be a
component of the infrastructure rather than an afterthought.

In addition, the city has begun discussions about integrating artwork into the construction of the Central Avenue Overpass.

Newark City staff will work with public art consultants to determine the public art component of the four-lane structure that will include bike paths and sidewalks. This pilot project will lead the way to future public art projects on public property throughout Newark.

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Image: There Is Nothing I Can Do Without You, Windows on First by Shan Michael Evans is an ongoing program in Las Vegas, NV that invites artists to create original, site-specific installations presented within the context of the First Street Art Trail, 2019. Credit: City of Las Vegas, NV 27 FINAL DRAFT

4. VACANT STOREFRONTS
RECOMMENDATION: Develop an art in vacant storefronts program to support artists and animate business districts and shopping centers.

The potential negative economic impact of street-level empty storefronts and unoccupied buildings can be minimized by using the space for public art installations and temporary exhibitions. The Public Art Program staff can work with commercial and business district leaders and private property owners who are interested in organizing vacant storefront programs that will make these spaces available to artists for an ongoing series of temporary art installations.

Projects would be based on the anticipated duration of the vacancy and the willingness of the owner to provide the space to artists. Activating and animating these vacant properties will help eliminate blight and increase the economic viability of the community.

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Image: Art Panels by Heather
Renaux and CJ Renner are part of a
streetscape project for the Artery in
Hopkins, MN., 2018. Credit: The City
of Hopkins
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5. STREETSCAPES
RECOMMENDATION: Use public art to create walkable
pathways and destinations for public gatherings.

Crosswalks
Painted crosswalks based on identified themes can support walkable areas in neighborhoods throughout Newark. Old Town is an ideal location to initiate a pilot project during construction that begins to redefine the area as a destination and community gathering place.

Other Streetscape Improvements
Local artists can be tasked with creating sidewalk improvements, seating, shade structures, banners, and interactive lighting projections to enhance the walking experience and reinforce neighborhood identity. Projects with themes reflecting local history, demographics, family, and neighborhood can be led by artists and involve active participation by the community.

Façade Improvement Grants
For property and business owners interested in rehabilitating commercial facades, the City can offer property owners a partial rebate for commissioning an artist to create artwork for the façade. This would stimulate private investment and customer patronage in the commercial districts by focusing on revitalizing building façades visible to customers, neighboring merchants, and residents.

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Image: ¡Alebrijes! mural by Francisco Franco is located on the side of a restaurant in downtown San Jose, CA, Credit: SJtoday Staff
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B. ACCESSIBILITY AND COMMUNITY EDUCATION

1. ACCESSIBILITY
RECOMMENDATION: Commission a range of artworks in theme, form, and interactivity, i.e. murals, environmental, light projections/digital art, functional, historical, and interactive/kinetic.

Rotating Sculpture in Medians and Parks
Work with groups interested in adopting specific areas throughout Newark to designate as outdoor galleries for the display of sculpture for long-term loan (12-24 months). Placing sculpture on medians, parks, plazas, and other heavily trafficked areas with high visibility would enliven the landscape, create a dynamic visual experience for residents and visitors, and establish more venues for artwork in the city.

Murals
Murals are a way to engage local artists and students who want to be involved in their city.

Students from Newark Memorial High School and local teens can work together with residents on a community mural in select areas of the city to help make it more welcoming and walkable. This can be implemented as a competitive grant opportunity where the neighborhood or artist initiates the mural project. Another option is for the Public Art Program staff to pre-qualify and match neighborhoods and artists. Murals can be painted or digitally reproduced on vinyl for exterior and interior walls of City-owned buildings such as the Newark Senior Center and Newark Community Center.

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Image (Top Left): Los Trompos by Héctor Esrawe and Ignacio Cadena in Coral Gables, FL, is an interactive outdoor artwork where visitors are encouraged to take the tops for a spin or sit back and relax, 2023. Credit: Life Style Image (Top Right): Helix Seats by artist team Pneuhaus was temporarily installed in downtown Palo Alto, CA during the CodeArt Festival, 2023. Credit: Amanda Rawson
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Street Furnishings
For an innovative, cost-effective approach to providing unique street furnishings throughout Newark, a catalogue of prototypical artist-designed seating, bicycle racks, litter and recycling receptacles, and other amenities can be created. As downtown revitalization occurs, items from the catalogue can be ordered, manufactured, and installed within the streetscapes to add character, identity, and definition to a neighborhood.

Playgrounds
By integrating unique and thoughtful interactive artworks into playgrounds, artists can create stimulating play environments that promote critical thinking, creativity, and engagement among children and their families. Artworks also stimulate the senses by including sound, motion-sensors, and music among other interactive components.

Incorporating public art installations in neighborhood playgrounds and parks can elevate the overall play experience by creating distinctive spaces that resonate with the community’s values and history. Additionally, the art can serve as landmarks and points of reference, assisting with wayfinding and navigation throughout the playground.

Light Up Newark Art Festival
The City can provide a platform for artists working in light, sound, performance, and projection art to transform places like the Civic Center and Old Town into a dynamic nighttime environment of temporary, site-specific public art. The festival can include light art installations and sculptures as well as interactive and performance-based art. Tri-City artists can be invited to submit proposals for thoughtful and participatory temporary artworks at various locations in and around the city that can bring about partnerships between the City and the private sector.

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Image: The Auburn Avenue Historic
and Cultural Information Project
by Dr. Karcheik Sims-Alvarado and
Sky Design created art designed
wayfinding to celebrate the history
of the neighborhood in Atlanta, GA,
2020. Credit: Quynh-Mai Nguyen
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2. CELEBRATE NEWARK’S HISTORY AND DEMOGRAPHICS
RECOMMENDATION: Use public art to reflect the
history and demographics of Newark by combining
historic with contemporary values.

The Newark community is rich in cultural and generational diversity. Public art can support these communities with the development of placemaking projects that highlight various cultures and history. Impromptu and pre-planned projects such as poetry slams, short plays, dance performances, and interactive art experiences will serve to celebrate diversity and inspire cultural expression through the arts. Other project considerations include:

Sharing Stories
Educational programs in schools and the Newark Library can be developed utilizing high school students to conduct interviews with long-time neighborhood residents and commission
interactive artwork utilizing the spoken word.

Partnering with the Newark Library
The Newark Library works regularly with local partners in the Asian and Latino communities with programs such as Día de los Muertos and Lunar New Year, among others. Teaming with the Newark Library will support the City’s effort to engage with the diverse community through temporary public art projects that can take place concurrently with other scheduled events. The City also can partner with other programs sponsored by the Newark Library including Let’s Art Together, Arts & Crafts, and Music Hour, among other programs that take place throughout the year.

The City at City Hall
Cities are often described as a subject rather than an object.

Commission an artist to interpret Newark’s history through historic and contemporary maps, imbuing the artwork with
the unique history and culture of each place by expressing anthropological and historical narratives of the area’s rich history.

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Image: Dreams of the Salt Marsh by Sam Tubiolo, at Alviso’s Stormwater Pump Station reflects the history and wetlands of the area, 2019. Credit: City of San Jose, CA 32 FINAL DRAFT

3. NATURE AND THE NATURAL ENVIRONMENT
RECOMMENDATION: Use public art to celebrate the natural environment that is distinctive to Newark, i.e., salt ponds, the San Francisco Bay, the windy climate.

Kinetic Art
Creating public art that speaks to the natural environment will build a community understanding and appreciation of Newark and its geographical surroundings. Kinetic art can capitalize on the windy climate, engaging viewers with its energy and movement.

The art can be in unexpected places at the western edge of the city with similarly themed artwork in different neighborhoods to encourage people to learn about the local climate and explore Newark and other neighborhoods.

Celebrating Nature and Industry
Newark’s location at the southern portion of the San Francisco Bay provides many opportunities to use public art to highlight the natural environment and the history of the city concurrently. For example, projects that focus on the Cargill Salt Ponds also can address the innovative industrial local history which can include a presence on the City’s website, expanding accessibility to the art and information.

Art in the Parks
Work with groups interested in commissioning an artist to develop an interactive temporary artwork to coincide with a community celebration or special event at a neighborhood or community park or series of parks or trail sites. Designed to encourage active participation, the event would engage local residents, institutions, and community groups in the planning, construction, and design of installations and performances.

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Image (Left): Sense of the City is a
guide to public art in Cambridge, MA
that provides the option to explore
the collection based on themes such
as activism, nature, and play. Credit:

City of Cambridge, MA
Image (Right): Aero Agoseries by
Mark Baltes, located in Boise, ID,
is a kinetic sculpture with seeds at
the top that move in the wind, 2008.

Credit: Boise City Department of Arts
and History
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4. ROTATING ART ON PRIVATE PROPERTY
RECOMMENDATION: Partner with private developers to create opportunities to utilize private property for changing sculptures.

The City can partner with private developers by designating highly visible medians and public open space on private property for the display of sculpture which can range from a 6 to 12-month period. Options include Bayside at Newark, NewPark Mall, and new housing developments along Cedar Boulevard between Central Avenue and Mowry Avenue.

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5. COMMUNITY EDUCATION
RECOMMENDATION: Implement a comprehensive program of community education and outreach designed to introduce all sectors of Newark to public art.

The success of public art is measured in part by the community’s awareness of and respect for public artwork as a cultural resource. How public education is handled can make a significant difference in public reception of a project. By building a regular program of educational and promotional activities, a sense of community ownership can be instilled and cultivated. These activities can generate broader community appreciation of public art and recognition of the contribution public art makes in creating meaningful places.

A major priority for Newark’s arts community is encouraging broader thinking on what defines public art. A comprehensive program of community education and outreach, directed to the general public and to the numerous special constituencies affected by the program, would help establish Newark as a community that recognizes and supports the importance of public art.

Having opportunities for education and engagement in public art can help deepen the public’s understanding and appreciation of this form of creative expression. Providing such opportunities can also create a more informed and culturally rich community. By developing and offering interactive events that focus on public art, individuals of all ages and backgrounds can learn about the creative process, the artists involved, and the cultural, historical, and social significance of the pieces. This not only enriches the lives of residents, but also contributes to a more vibrant and culturally diverse community.

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Images: El Parque de la Comunidad by Rayos Magos is a temporary, community-based mural in the San Jose, CA neighborhood of Little Portugal created in response to a future development plan, 2023. Credit: Quynh-Mai Nguyen Images (Left): Museum Without Walls in Philadelphia, PA in collaboration with the Association for Public Art created this Audio program and digital guide on Bloomberg connects, the free art and culture app. The guide takes you behind the scenes with exclusive multimedia perspectives from artists, curators, and more. Credit: Association for Public Art
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Community Murals
Commission community mural projects that involve residents in the creation of public art.

This can be accomplished through a grant program that pairs artists with community organizations.

Public Art Walks, Tours, and Scavenger Hunts
Organize guided and self-guided public art walks and
tours to showcase existing public artworks in the city
and engage residents in learning about the Public Art
Program. Create a scavenger hunt as a playful and
engaging way for individuals and families to discover
the public art in Newark.

Smartphone App
Utilize a smartphone application specific to the public art collection, placing a portal on each artwork that links to the Public Art Program website, artist’s website, and other resources.

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Image: Coloring sheet produced by Public Art Portland in Portland, OR featuring artwork in their collection. Credit: Public Art Portland 36 FINAL DRAFT
Coloring Book
Produce coloring books that feature Newark’s public art for distribution at community events and the Newark Library.

Include small packets of crayons sealed with a sticker of the City logo.

Volunteer Opportunities
Provide opportunities for residents to volunteer on public art projects, such as assisting with the installation of public art or helping to maintain existing public artworks.

Online Engagement
Utilize social media and other online platforms to engage residents in the City’s Public Art Program, such as through online surveys and forums.

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Image: Flyer announcing the 22nd Annual Newark Artist Open Studios, Newark, CA. Credit: Adriane Dedic 37 FINAL DRAFT
C. LOCAL ARTISTS

1. COMMUNITY ARTS CENTER
RECOMMENDATION: Create a visual and performing arts center as a venue for exhibitions, performances, classes, and as a gathering place for informal interaction among artists.

The need for a community center that supports local visual and performing artists and provides exhibition and performance space for various skill levels was raised at almost all the community meetings, focus groups, and pop-ups. Repeatedly, participants expressed a dedication to engendering Newark’s young people with a love of the arts. They envision a community arts center that provides classes, exposure to the arts, and perpetuates creativity among the youth.

There are a number of programs and grant opportunities that can be offered to support the local artists community, which is defined in this document as artists who live or work in the Tri-City area. These resources help them become successful small business entrepreneurs and creative producers.

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Image: Flyer announcing the Arts
Networking Mixer in Silicon Valley,
CA, a partnership between the artist
group and local businesses. Credit:
genARTS Facebook page
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2. PROFESSIONAL DEVELOPMENT
RECOMMENDATION: Provide opportunities and build capacity for local artists by hosting workshops, establishing an artist-in-residency program, and creating an artist directory.

Informal Gatherings
The City can coordinate mixers where local artists meet each other, discuss and critique artwork, share resources, and connect with other artists in the community. Organizing and hosting these Meet & Greet events could be a responsibility of the Public Art Committee.

Workshops, Lectures, Webinars
In person and online workshops, lectures, and webinars can be offered to artists to support, launch, and sustain successful careers.

Artists can learn best practices in the business of being an artist including sessions on administration, financing, contracts, insurance, and marketing. When new public art project
opportunities are announced, the City can host sessions on responding to Calls to Artists, proposal preparation, understanding application processes and contract issues, forming collaborations, and other relevant issues.

Great Ideas Grants
The City can establish a grant program for groups interested in proposing ideas for temporary public art on a site of their choosing.

Local artists can submit a letter of interest and qualifications, and each selected artist would receive a fixed fee for the design, fabrication, and installation of the artwork. This is an important opportunity for artists new to public art to gain experience. `
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Artists in Residence
An Artist in Residence (AIR) program provides the opportunity for an artist to work in a specified environment for an extended period. Eligibility is open to artists working in diverse art forms including visual arts, theatre, dance, literature, film, and music. AIR encourages artists in all disciplines to explore new working methods, create arts-rich learning environments, and develop socially engaging, interactive art experiences in community and school settings.

The City can work with groups interested in developing an Artist In Residence Program in neighborhood schools, recreation centers, libraries, or other institutions in which artists work with residents to create permanent or temporary public art installations.

Image: The Pepon Residency for interdisciplinary artists at the Atlantic Center for the Arts in New Smyrna Beach, FL. Credit: Atlantic Center for the Arts
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3. ANNUAL OPEN STUDIOS EVENT
RECOMMENDATION: Support the annual Open
Studios event.

For many years before the 2020 COVID epidemic, local artists managed an annual Open Studios event. Well attended, it encouraged residents and visitors in Newark to experience art where it is created, meet the artist, and learn about their artistic process. It also is a great way for people to meet neighbors who they might not know are artists and to visit parts of Newark that they had not previously explored.

The City can help revive and expand this event by supporting local artists in their efforts to locate new artists, develop partnerships with local businesses to provide space for artists without designated studios, and promote Open Studios and the individual artists. This can be accomplished by providing direct funding and initiating partnerships with business owners.

Art Fairs
In addition to an annual Open Studios event, local street fairs and other special events are a great vehicle for showcasing the work of local artists. They provide a face-to-face opportunity for artists to sell their work and build relationships with the community and potential customers. The City can provide booths to local artists at annual events including the Family Fun Run, Family Day at the Park, Music at the Grove, and the Tree Lighting Celebration among others to increase participating artist’s visibility while providing local artists the opportunity to meet other artists and see their work.

Image: The Midtown Alliance
supports local artists through
temporary projects and works
with building owners to provide
temporary space for artists to
create and exhibit in Atlanta, GA.

Credit: Amanda Rawson
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Changing Exhibitions
Artwork by local artists can be featured on a changing exhibition basis in City-owned buildings that are open to the public including City Hall, Recreation Centers, and the Newark Library. The exhibitions can be curated and organized in partnership with Open Studios, the Newark Library, and other artist-based organizations.

Image: The Eyes of the Future, Yuke Ito, is part of a rotating art display system on the facade of Boston City Hall in Boston, MA, 2022. Credit: Downtown Boston Art Walk
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D. ADMINISTRATION AND COLLECTION MANAGEMENT

1. STAFFING THE PUBLIC ART PROGRAM
RECOMMENDATION: Provide adequate staff or outsourcing of consultants to administer the Public Art Program.

Dependable and knowledgeable administration of Newark’s Public Art Program is essential to achieve the goals and objectives outlined in this Public Art Master Plan. Currently, there are no designated staff to manage a public art program. The need for specialized staff will increase as the program grows and opportunities arise to commission public artwork, support local artists, and fund public art programming.

The ambitions of this Public Art Master Plan are centered on Newark’s desire to employ the arts as a key element of its growth. As such, Public Art staff are required--whether permanent or contractual--to work with other City Departments to plan and implement its arts investments, conduct community engagement, and manage arts projects.

Portable Works Collection
A portable works collection can be developed over time by annually allocating funds for the purchase of existing two- and three-dimensional artwork by Tri-City artists. Using a competitive selection process, the individual artworks can be placed throughout publicly accessible City facilities on a long-term or short-term basis.

Artist Directory
An online local artist directory would provide a centralized resource and platform in which artists at varied career levels could expand their audience and publicize their work. It also connects artists to opportunities by presenting their work in a searchable form for organizations, curators, architects, developers, community organizations, individuals, and businesses. The registry should be free to join and free to use.

A framework could be established where each artist inputs her/his own data and updates it as needed. Visual arts organizations could link existing artist directories to the website.

Once set up, the directory could operate with minimal administrative oversight with the understanding that the artists–-who are eager to have the information centralized, accessible, and current—would keep it updated.

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The following new staffing is recommended to ensure professional and successful implementation of the goals and objectives of this Public Art Master Plan, Public Art Program, and its anticipated growth over the next five years (Appendix E). This work can be accomplished through outsourcing of consultants with the goal of establishing City staff positions to administer the Public Art Program:
• Full Time Public Art Program Manager
The Public Art Manager is accountable for management level administrative work directing program operations, staff, projects, budget, marketing and public education, and complex tasks in support of the Public Art Committee mission, goals, policies, and objectives.
• Full Time Public Art Program Public Art Coordinator
It is the responsibility of the Public Art Program Public Art Coordinator to assume the pivotal role of overseeing the implementation of the public art ordinance, working with all stakeholders, and guiding the process including the artist and artwork selection; artwork design, fabrication, and installation; maintenance, gifts, loans, and deaccession of artwork; and marketing and social media.

Most of the day-to-day work is administrative and can be complex and challenging, requiring specialized expertise. To that end, public art administrators need knowledge of art history, contemporary art, public administration, community relations, contract negotiation, project management, public education, and collection maintenance.

Public art management requires an unusual complement of knowledge and skills to work successfully with community members, artists, architects, engineers, building contractors, elected officials, City staff, and other technical professionals. • Part Time Collection Specialist
The Public Art Program Collection Specialist manages the public art collection inventory, tracks maintenance and repairs, and produces content for educational and promotional materials.

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To promote, encourage, and advise on policies and programs that affect public access to a wide variety of arts and culture opportunities, it is advisable to establish a Public Art Committee (PAC) appointed by the City Council.

Value and Purpose
Establishing an committee of qualified arts professionals to advise the City Council is standard best practice for municipal arts programs throughout the United States.

A commission or committee of City Council appointed members is important for the following reasons:
• Reinforces the City’s commitment to providing the highest quality public art and arts experiences to residents and visitors.
• Protects the City Council from having to make independent aesthetic decisions about artists and artwork based on a subjective assessment as opposed to acting on the recommendation of a group of knowledgeable and experienced arts professionals.

When members of the public voice dissatisfaction about an artwork, the City Council is safeguarded by the fact that they acted on the informed recommendation of a group of qualified professionals.

3. PUBLIC ART COMMITTEE
RECOMMENDATION: Establish a Public Art Committee appointed by the Mayor and approved by City Council to advise on and advocate for public art.

2. ORGANIZATIONAL STRUCTURE
RECOMMENDATION: Initially locate the Public Art Program in the City Manager’s Office with the option of moving it to another department at a later date.

The 1992 City Council resolution assigns “representatives from the Recreation and Planning Divisions” to manage what was then referred to as the Art in Public Places Program. Due to limited staff capacity, the program has not realized its expected potential. As a result, the City Manager’s Office initiated this Public Art Master Plan Update and has assumed responsibility to launch its implementation. As the Public Art Program evolves, there will be ample opportunity to assess whether its administration is best served by the City Manager’s Office or another City department.

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• Provides transparency and accessibility to the public on policies and decisions and the process that resulted in those decisions, thereby strengthening the trust that Newark citizens have in local government.
• Members serve as liaisons and ambassadors of the arts by educating the public, soliciting their input and support, and attending arts and culture events. • Members can conduct tours of public artwork in the City’s collection, host artist Meet & Greet events, and make presentations at community meetings, thereby helping to extend the capacity of staff and City Council.

Composition
The Public Art Committee would be comprised of a minimum of five (5) and up to nine (9) voting members appointed by the City Manager, each of whom has considerable knowledge and experience in the arts. Consistent with national standards, the term of each member would be three (3) years, renewable for a second term, or until a successor takes office. The Public Art Committee also would include a non-voting City Council liaison.

Public Art Committee members need to have professional credentials and work experience as exhibiting or performing artists, contemporary museum and gallery art curators, arts management professionals, arts educators, and design professionals such as architects, landscape architects, and urban planners. Oversight of the Public Art Committee is the responsibility of Public Art Program staff.

Duties
The Public Art Committee would convene on an as-needed basis and no less than two times a year. In general, the duties of the Public Art Committee include the following:
• Establish and approve the Public Art Program mission, and curatorial and programmatic goals, policies, and guidelines.
• Review and act on Artist/Artwork Selection Panel recommendations for Public Art Fund projects.
• Review and approve recommendations for maintenance and conservation of artwork, deaccession of artwork, and acceptance of artwork gifts and loans, in accordance with each respective policy.
• Develop an Annual Public Art Workplan outlining specific public art projects, locations, and budgets for submission to the City Council.
• Serve as the key advocacy body for the City’s Public Art Program. • Advise and assist the City Council in connection with such other public art matters as may be referred to by the City Council.

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4. PUBLIC ART WORKPLAN
RECOMMENDATION: Prepare an annual Public Art Workplan that identifies new projects to be initiated within that fiscal year and provides a status report on current and completed projects.

An Annual Public Art Workplan is a valuable tool for charting current and future public art projects and programming. This serves to inform City policymakers, staff, and the public about arts and culture activities and opportunities available.

Planning for long-range and near-term projects needs to be balanced. To ensure operational consistency and accountability, the Public Art Committee and Public Art Program staff will annually identify new projects to be initiated within that fiscal year and provide a status report on current and completed projects. The Annual Public Art Workplan needs to be updated each fiscal year and include the following components which can be reported using a standard format (Appendix F):
• Eligible municipal percent for art projects and other arts and culture projects and programs to begin within the following one-year period. • Budget and funding sources for each project.
• Status of the Public Art Fund as well as anticipated new funding from private development percent for art in-lieu contributions.
• Location of each project and identification of community partners. • Estimated timeline for project initiation and completion. • Projects currently funded and in progress with estimated project completion dates. • As available, number of participants in public art activities and events completed in the previous year.

Image: 33 Oaks Project by David Landis is located along the BeltLine Trail path in Atlanta, GA and represents the 33 species of native Georgia oaks, 2015. Credit: Amanda Rawson Packet Page 237
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5. ARTIST AND ARTWORK SELECTION GUIDELINES
RECOMMENDATION: Provide administrative
guidelines for the selection of artists and artwork,
including goals and definitions of art, for the
implementation of municipal public art projects.

Establishing administrative guidelines will serve to facilitate operations, explain legal requirements, and reflect best practices in the public art field (Attachment G). Defining the review and approval processes and the roles and responsibilities of City staff, the Public Art Committee, City Manager, and City Council, will make the public art process easier to navigate. In addition to guiding City department staff, the guidelines serve to inform the general public in understanding the goals, policies, and procedures of the Public Art Program.

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6. COLLECTION MANAGEMENT
RECOMMENDATION: Document and maintain the
artwork in the City’s public art collection.

Maintenance and Conservation Differentiated
Maintenance refers to all activities required to conserve, repair, or preserve the integrity of an artwork and site in which the artwork is located. This is the responsibility of Public Art Newark staff.

Routine maintenance is limited to the basic day-to-day care of the artwork, conducted by the City such as mowing the lawn around an outdoor sculpture and removing the daily accumulation of dust, dirt, and fingerprints. Removal of graffiti needs to be accomplished by a qualified art conservator to prevent damage to artwork by abrasives that tend to be used by City maintenance staff.

Conservation refers to the activities required to repair, restore, and conserve damaged or malfunctioning artwork, including treatment that returns the artwork to its original condition. Public Art Program staff is responsible to oversee the conservation of artwork and conduct an annual survey of the condition of the artwork in the City’s collection.

Conservation Review and Long-Term Maintenance
The image and value of the City’s public art collection depends on the artwork being in good condition, which requires careful documentation, monitoring, and maintenance. Artworks in the collection need to be inventoried, documented, and assessed on a regular basis. It is important that the City contract the services of a professional arts conservator on an as-needed basis to conduct the work.

Public Art Program staff is responsible to oversee the following recommended practices:
• Conduct a condition survey of all City-owned public art once a year. Include a condition report on each artwork and prioritize recommendations for restoration, repair, or
maintenance, as needed.

Image: 1000 Suns by FutureForms is a
sculptural shade canopy in downtown
Sunnyvale, CA located in the plaza of a
commercial building, 2022. Credit:

Amanda Rawson
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• Ensure that routine maintenance of the artwork is accomplished by the appropriate City Department and occurs with regularity.
• Ensure that all repair and restoration of the artwork is completed with the highest standards of professional conservation practice.
• Offer periodic workshops on routine maintenance practices to City of Newark department staff responsible for day-to-day general upkeep of the artwork.

Review of Proposed Artwork
Proactively addressing maintenance and conservation needs of permanently-sited artwork is key to the long-term viability of the City’s collection. It is standard practice in the field of public art to have proposals for public art examined by a qualified conservator with expertise specific to the medium prior to approving the fabrication phase of the work. Artists who create public art rely on fabricators and product information to decide on the process and materials they will use. Oftentimes the materials proposed for such works have not been vetted properly in advance or have not been used before in a specific environment or climate.

Methods and Materials
The Methods and Materials review process, which needs to be an integral part of all artwork commissions, takes place once the artist develops a preliminary design concept. The artist works with Public Art Program staff and the conservator during fabrication to assemble a documentation package that identifies all materials, sources, proposed fabrication processes, coatings, siting of the artwork, and its vulnerability to damage.

Once the artwork has been installed, a report is developed on each artwork that addresses the requirements for long-term maintenance of the artwork, how often routine maintenance needs to be performed and by whom, and the frequency of condition inspections by a qualified conservator.

Review of Purchased Artworks
Artworks that are purchased for the City collection need a thorough inspection and subsequent condition report prepared by a professional conservator prior to final purchase.

Final documentation is provided on each artwork detailing how each work was created and how it can be repaired when needed.

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Defining the Lifespan of Artwork
Determining the “lifespan” of an artwork at the time it is commissioned has become a reasonable and necessary consideration as public art opportunities evolve to meet the reality of budgets, staff allocation, and other resources. Categories and recommended lifespans are as follows:
• Temporary, up to 2 years
• Mid-span, up to 15 years
• Long term, up to 50 years

7. POLICIES AND PROCEDURES
RECOMMENDATION: Adopt policies and procedures for the deaccession of artwork, donations and loans of artwork, memorials, and temporary art to meet industry standards for effective public art collection management.

Deaccession Policy
It is important for the City of Newark to retain the right to remove any artwork in the public art collection that, among other considerations, requires excessive maintenance, poses public safety risks, is damaged beyond repair, or is adversely affected by changes to the site.

Considerations of removal and relocation of an artwork must be governed by careful, standardized procedures that represent best professional practices in the field of public art and serve to insulate the deaccessioning process from fluctuations in personal taste.

The proposed Deaccession of Artwork Policy (Appendix H) for the removal and disposition of artwork on City-owned land and in City-owned facilities details the criteria and procedures for review and approval or denial by the City Council. This policy needs to be reviewed and updated every five years at a minimum.

Donations and Loans of Artwork Policy
A Donations and Loans of Artwork Policy (Appendix I) provides greater detail to ensure that the process is standardized and meets best practices in the public art field. This policy needs to be reviewed and updated every five years at a minimum.

The primary objectives of a Donations and Loans of Artwork Policy are to:
• Provide deliberate, uniform procedures for the review and acceptance of donations and loans of public artwork to the City of Newark.

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• Maintain high artistic standards in all artwork displayed by the City of Newark. • Facilitate more cohesive planning for the placement of artwork throughout the city. • Include evaluation of the cost to the City of Newark when considering a donation.

Memorials Policy
The City of Newark may occasionally decide to install permanent memorials on City-owned property to commemorate persons or events of note, or to otherwise convey the City’s position on various topics. A Memorials Policy will establish a standard measure for review of prospective donated memorials by the appropriate City entities to ensure that only objects of the highest standard of excellence are accepted. This policy needs to be reviewed and updated every five years at a minimum.

The proposed Memorials Policy (Appendix J) for the acceptance of memorials defines the types of donations that the City will accept and establishes criteria for review and acceptance of these objects. The following types of projects are considered in this policy. • The gift of a newly commissioned memorial to be permanently located upon public rights of way or property owned by the City of Newark.
• The offer by a donor to organize a public competition that will result in the gift or loan of a memorial to be located permanently or temporarily on City-owned property.

Temporary Art Policy
There was an overwhelming consensus in support of more temporary art among people who participated in the public art planning process. Temporary artworks become destinations for residents and visitors, and they impact the way a given environment is experienced. • Artwork can be commissioned as a single, short-term occurrence or as part of an ongoing, revolving program. The optimal approach commissions site-specific works responsive to an issue, topic, or idea.
• Temporary public art is appropriate when the project budget is limited, experimentation is desired, for short-term events or festivals, or a pressing issue warrants a response on behalf of or in tandem with the broader community. It is also a way to create opportunities for emerging artists new to public art.

The proposed Temporary Artwork Policy (Appendix K) is intended to activate publicly owned spaces in parks, plazas, streetscapes, and other property owned by the City of Newark, ensuring a consistent approach to placing temporary art in the public realm. This policy needs to be reviewed and updated every five years at a minimum.

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E. FUNDING STRATEGIES

1. Repeal Resolutions 6582 and 6583 and replace with an Ordinance establishing an allocation of one percent (1%) of construction costs for art in City Capital Improvement Projects (CIP) and a Public Art Development Fee of one half of one percent (0.5%) of the building permit valuation applicable to all private developments requiring a building permit. In 1992, the City Council adopted Resolution 6582 adding a policy for providing art in public places and private development and Resolution 6583 establishing development fees. A complex formula based on gross square footage was established. Although the resolutions provided an option for the developer to commission onsite artwork, the developers interviewed acknowledged that the fees generated per project are so low, the process too cumbersome, and the availability of publicly accessible locations for artwork scant to prompt them to consider anything other than paying the fee into the Art in Public Places Fund.

Although well-intentioned, these resolutions have not provided the needed resources to match the vision and ambitions of the City. To that end, it is in the City’s best interest to repeal the existing Resolutions and replace them with an Ordinance that reflects current national standards and best practices.

Public Art Fund
Currently, the Art in Public Places Fund limits expenditures to narrowly defined public art projects. Support of other cultural and performing arts was a clear priority for the community which was expressed repeatedly throughout the engagement process for this public art master plan. To provide flexibility for the City to fund a range of public art projects and programming, the title of the Art in Public Places Fund and its use need to be expanded to be more inclusive.

Accordingly, the name can be changed to Public Art Fund and its purpose redefined so the revenues can be used for:
• The acquisition, commission, design, installation, improvement, maintenance and insurance of public art and public art programming. • Other expenses associated with the implementation and administration of the public art program.

RECOMMENDATION: Identify sustainable funding sources and systems for supporting and maintaining the Public Art Program, i.e., grants, foundations, Corporate Social Responsibility (CSR).

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• Free and publicly accessible public art programming.
• Grants for the creation of public art and cultural events. • Further the purposes of public art as defined in the proposed ordinance.

City Capital Improvement Projects
Require the allocation of one percent (1%) of the construction budget for eligible Capital Improvement Program (CIP) projects of $250,000 or more for public art. The City of Newark is eager to expand its commitment to public art and take a leadership role in providing sustainable funding to support the public art as an element of the city’s development and revitalization. The most predictable way of funding art on city property is through the city’s CIP budget. The purpose of the percent for art calculation is to establish a consistent source of funding that is tied to the city’s growth. Public art funded by this method becomes integral to the city’s placemaking and economic development goals.
• Implementation
Implementation of the percent for art in CIP projects will be the responsibility of the Public Art Program staff, who will manage the artist selection processes and oversee the design, fabrication, and installation of the artwork on city-owned property. Public Art Program staff will have the authority to pool funds and may propose funds for use at a current CIP site or any other city-owned publicly accessible site. Requiring that the art be on the same site as the project funding limits the placement to that location, hindering efforts to distribute artworks more equitably throughout the city and to areas where there is the greatest need. • Review and Approval
Review and approval of artists and artwork for CIP construction projects of $250,000 or more will be the responsibility of the Public Art Committee.

Establishing and maintaining consistent standards and practices for the selection of artists and artwork is critical to a successful program. Adopting guidelines for this purpose will encourage the highest level of creative engagement while furthering the mission and goals of the Public Art Program. • Artist Engagement at the Inception of the CIP Design Process It is critical that project artists are engaged at the inception of the CIP design process. The artist’s ideas can help shape aspects of the site and the building, thereby creating a relationship of maximum impact between the art and the building project. This also ensures that the project artist has access to the broadest possible opportunities.

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Private Development Projects
Establish a Public Art Development fee of one half of one percent (0.5%) of the building permit valuation for all residential, commercial, and industrial developments
requiring a building permit to be deposited into the Public Art Fund.

The optimal way to sustain funding in the Public Art Fund and thereby enable the City to realize its commitment to full and equitable access to public art throughout Newark, is to revise and simplify the existing Art in Public Places fee. To accomplish that, the City can exercise the same process already in place with the Community Development
Maintenance Fee by applying a Public Art Fee of one half of one percent (0.5%) to be deposited into the Public Art Fund.

Like the Community Development Maintenance Fee, it would apply to all development projects requiring building permits, and would be used to support arts and culture throughout Newark (Appendix L).

2. FEDERAL AND STATE GRANTS FOR CIP PROJECTS
When applying for Federal and State funding for City Capital Improvement Projects, many granting agencies allow for the incorporation of art, cost of “non-functional landscaping”, and including an artist on the design team as eligible expenses.

3. PUBLIC AGENCY GRANTS FOR PUBLIC ART
Funding for specific public art project initiatives is available through the National Endowment for the Arts, California Arts Council, and Alameda County Arts Commission. Information and applications are available online.

4. TRANSPORTATION TAX
Under Measure BB, approved by the voters of Alameda County in 2014, the city receives a portion of the proceeds of an additional one-half cent sales tax which can be used for public art funding.

Image: Birds of Paradise by Roan
Victor is located on a wall of an
interior courtyard of an apartment
building located in San Jose, CA
Japantown neighborhood, 2022.

Credit: Quynh Mai-Nguyen
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5. GENERAL FUND
An option to consider as the Public Art Program grows and evolves is for the City Council to allocate an annual line item from the General Fund to support specific programs and project initiatives that serve the neighborhoods throughout Newark. Many of the ideas generated in this PAMP are applicable, for example community murals, Artists in Residence, and temporary art in the parks, among other city-wide initiatives.

6. TRANSIENT OCCUPANCY TAX (TOT)
TOT revenues collected from overnight visitors who stay in Newark can be allocated to the City to provide funding for public artwork and programming. Adding to the cultural vibrancy of Newark, public art serves as a magnet attracting arts enthusiasts and tourists to the area.

This can be based on a percentage of the TOT revenues or on a specific cent on the dollar.

7. CORPORATE DONATION REQUESTS
There are many corporations dedicated to giving back to the community they serve, through in-kind donations and foundation grants. There are a multitude of opportunities that are easily researched online including general stores, home improvement stores, healthcare, restaurants, and tech companies, and financial institutions, among many others.

8. PROPERTY TAX
Using property taxes to provide a dedicated funding stream for public art can be considered because public art improves the quality of life in communities, making them more attractive places to live and boosting property values. Options include the creation of special taxing districts, increasing real estate transfer taxes on newcomers, and earmarking local mill levies subject to local voters’ approval.

9. BUSINESS LICENSE RENEWAL
Increasing the business license renewal fee can be considered since public art improves the appearance of business districts and shopping centers, making them more attractive to shoppers and thereby contributing to Newark’s economic health.

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Short term, mid-term, and long-term implementation goals for each action identified are listed in the Implementation Grid (Attachment N). These goals are prioritized based on the immediate availability of funding, the ease of implementation, and the need to demonstrate success early in the implementation of the City of Newark Public Art Master Plan and Public Art Program.

The estimated project costs apply to the current funds available in the Public Art Fund.

It is anticipated that these resources will continue to accumulate when the Public Art Ordinance is amended and other funding source recommendations are realized.

VIII. IMPLEMENTATION:

FIVE-YEAR ACTION PLAN
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IX.APPENDICES
A. City of Newark Staff Interviews .................................................................................

B. Core Questions ..................................................................................................................

C. Survey Responses ..........................................................................................................

D. Location Map .....................................................................................................................

E. Sample Public Art Program Position Descriptions ..........................................

F. Sample Workplan Template .......................................................................................

G. Sample Artist and Artwork Selection Guidelines .............................................

H. Sample Deaccession Policy .........................................................................................

I. Sample Gifts, Loans, and Exhibitions of Art Policy ...........................................

J. Sample Memorials Policy .............................................................................................

K. Sample Temporary Art Policy .....................................................................................

L. Sample Public Art Ordinance ....................................................................................

M. Sample Language for Inclusion in RFP/RFQ for Prime Contractor ...........

N. Five Year Implementation Grid .................................................................................. 58 59
60 69
71 74
75 80
89 94
100
105
114
115
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Appendix A

CITY OF NEWARK STAFF INTERVIEWS
Jennifer Solito
Former Human Resources Director
Laurie Gebhard
Assistant to the City Manager
Soren Fajeau
Public Works Director
Steven Turner
Community Development Director
Jada Chiu
Former Community Engagement Manager
Anne Stedler
Economic Development Director
Joe Stoner
Library Manager, Newark Library
Art Interiano
Deputy Community Development Director
Lenka Hovorka
Assistant City Manager
Nicholas Cuevas
Recreation & Community Services Director
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Appendix B

CORE QUESTIONS
Focus Group and Pop-Ups

1. What type of public art do you want to see in Newark?

2. Where do you want to see public art and cultural arts programming in Newark?

3. What type of art and events do you want to see in Newark?

4. What makes Newark special?
Survey

1. What is the first thing that comes to mind when you think of Newark?

2. Where would you like to see public art and cultural programs in Newark?

3. What type of art would you like to experience in public places? (Choose 3)

4. What are two or three places you have visited where the arts left a lasting impression outside of Newark? (Open-ended)

5. Where do you like to take visitors when they visit Newark? (Open-ended)

6. Where do people tend to gather to celebrate special events? (Open-ended)

7. What do you think is the role of public art in Newark? (Choose 6) The following questions were asked during the community engagement phase during interviews, focus groups, community meetings, and pop-up events.

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Appendix C

SURVEY RESPONSES
Q1. What is the first thing that comes to mind when
you think about the City of Newark?
From March 1 to June 30, 2023, a survey was made available in English and Spanish and was circulated widely through the City of Newark Public Art Master Plan project webpage, community event calendars, and on tables at community events. There were a total of 266 people who participated in the survey and whose responses helped inform the recommendations in this plan. The following are selected responses from the particpants. Note: Some questions have been omitted out of respect for participant’s privacy. The following questions have been illustrated into graphs where the x-axis (horizontal line) represents the number of people who have particpated in answer the queston.` The y-axis (vertical line) corresponds to the answers they have chosen and is identified by the Legend that is located to the right of the graph. Participants were also allowed to write-in their responses by selecting “Other.” Those responses have been organized and consolidated below.
• Other (3)
• All of the above
• Old School
• Small Town
• Unique
• A quiet place
• Needs to modernize. Our
shopping centers are old
and vacant and many
places are outdated
• Needs to be updated.

Homes need clean up
LEGEND:

A. Culturally Diverse - 34.2%
B. Family-Oriented - 25.1%
C. Neighborly - 9.3%
D. Close to Nature - 1.6%
E. Manufacturing - 4.1%
F. Biotech - 1.8%
G. Other - 6.7%
A
B
C
D
E
F
G • Suburban Sprawl
• Decaying parks
and streets
• Homeless (2)
• Use to be blue
collar
• Struggling
• Neglected and
rundown
• Old
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Q2. Where would you like to see public art and
cultural programs in Newark?
• Entryways into Newark (2)
• Everywhere (2)
• All of the city-equal
treatment
• Neighborhoods, old town (2),
parks
• All of the above(5)
• The Lake path
• Nowhere
• Power boxes
• As many places as possible
• Schools
• The Library
LEGEND:

A. Parks and Trails - 37.5%
B. Near City Hall / Civic Center- 27.0%
C. Greater New Park Mall - 15.4%
D. Neighborhoods - 20.3%
E. Old Town - 11.2%
F. Other - 7.1%
A
B
C
D
E
F
G
Appendix C
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Q3. What type of art would you like to
experience in public places? (choose 3)
• Kid Friendly/Kid Oriented
• All of the above (3)
• Fairy Doors
• Paintings
• Photography
• Street Repair
• Ohlone Indian Art
• Utility Box Art
• None
• Treets
• Native Plant Gardens for
Special Needs Equipment
• Other Butterflies
LEGEND:

Events & Performances - 44.7%
Murals - 42.8%
Environmental Art - 28.5%
Light / Project / Digital Art - 25.5%
Functional Art (Street Furnishing) - 30.8%
Historical Art - 28.5%
Interactive / Kinetic Art - 24.0%
Sculptures - 27.0%
Sound Art - 7.5%
Other - 7.5%
A
B
C
D
E
F
G
H
I
J
Appendix C
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Q4. What are two or three places you have visited outside of Newark where the arts left a lasting impression? (open-ended)
NOTE: These open-ended answers have been consolidated.

Locations:
• Chicago, IL
• San Francisco (SF), CA
• Los Gatos, CA
• Campbell, CA
• Miami, FL
• Sunnyvale, CA
• San Jose, CA
• Oakland, CA
• New York (NY), NY
• Solvang, CA
• Napa, CA
• Hayward, CA
• Fremont, CA
• New Orleans, LA
• Palo Alto, CA
• Honolulu, HI
• Carmel, CA
• Foster City, CA
• Berkeley, CA
• Orlando, FL
• Portland, OR
• Indiana
• Pleasanton, CA
• Los Altos, CA
• Indianapolis, IN
• San Diego, CA
• Sacramento, CA
• Dublin, CA
• Mountain View, CA
• Minneapolis, MN
• Paso Robles, CA
• Union City, CA
• East Palo Alto, CA
• East San Jose, CA
• Marin (county), CA
• Richmond, CA
• Santa Barbara, CA
• Malaga, Spain
• Seattle, WA
• Walla Walla, WA
• Capitola, CA
• Redwood City, CA
• Livermore, CA
• San Leandro, CA
Attractions/Places of
Interest:
• Art museum
(Chicago, SF,
Oakland)
• Community park
• Parks (various
locations)
• Libraries (various
locations)
• Children’s Discovery
Museum (San Jose,
Oakland)
• Zoo (Oakland)
• Theatre (Palo Alto,
San Jose)
• Art gallery (Carmel,
SF, San Jose)
• Historic farm
(Ardenwood)
• Bull statue (Wall St.)
• City hall (various
locations)
• Mall
• Aquarium Center
• Palace of the Legion
of Honor
• Cafe Tutu (Orlando)
• Outdoor art
installations
(Stanford,
Minneapolis,
Vigeland Sculpture
Garden)
• Field of Light
(Paso Robles)
• Sunken Gardens
• Burning Man
(downtown SJ, Palm
Springs)
• Mission (SF, Fremont)
• Mendocino
• Chinatown (SF)
• Christmas in the Park
(San Jose)
• Orpheum Theater
(Oakland)
• Yerba Buena Art
Center (SF)
• Stanford
• O’ahu (Hawaii)
• Santa Cruz
Art and Culture:
• Building murals
• Outdoor film
interactive sculpture
(Niles)
• Murals of the City’s
history (Hayward)
• Murals (Union City)
• Galleries (SJ)
• Sculptures (Niles,
Fremont)
• Utility boxes (Union
City)
• Sculptures (Fremont)
• Murals (Hayward)
Miscellaneous:
• Parks with murals
• Historic downtowns
with murals
• Musical concerts
• Murals around San
Jose (some created by
teens/high school
students)
• Everywhere
• Utility boxes (Union
City)
• Libraries (Ardenwood)
• Anywhere
Appendix C
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Q5. Where do you like to take visitors when they visit Newark? (open-ended) NOTE: These open-ended answers have been consolidated.

Parks and Recreation
Areas:
• Newark Community
Park
• Silliman Aquatic
Center
• The Lake
• Coyote Hills Park
• New Park Mall
• Don Edwards
National Refuge
• Ardenwood Farm
• Swiss Park
• Bridgeway Clubhouse
• Birch Grove Park
• Community Center
Park
• Elizabeth Park
• Old Town
• Don Edwards San
Francisco Bay
National Wildlife
Refuge
Libraries and
Educational Centers:
• Newark Library
• Ohlone College
• Pacific Research
Center
Entertainment and
Dining:
• Restaurants
(various locations)
• Jack’s at Newpark
Mall
• Simply Thai
on Jarvis
• Tortilla Factory
Cities and Areas:
• San Francisco (SF)
• San Jose
• Fremont
• Palo Alto
Miscellaneous:
• Everywhere
• Not from here
• Nowhere, the
city doesn’t have
attractions that would
interest visitors
• To Oakland, SF,
or San Jose
• I hate to say it but
most of the time I take
them to Fremont
Appendix C
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Q6. Where do people tend to gather to celebrate special events in Newark? (open-ended)
NOTE: These open-ended answers have been consolidated.

Parks and Recreation
Areas:
• Community Center
Park
• Swiss Park
• Birch Grove Park
• Cedar Community
Centre
• Newark Community
Park
• Mayhews Landing
Park
• Lark Park (by the
public library)
• Old Town
Community Centers
and Halls:
• Community Center
• Community Hall
• Silliman Center
• Birch Park
• Newark Pavilion
• Don Edwards San
Francisco Bay
National Wildlife
Refuge (includes a
visitor center)
• Civic Center
(various mentions)
Libraries and
Educational Centers:
• Newark Library
• Ohlone College (may
include facilities or
events)
• Pacific Research
Center
• Don Edwards Library
City and Civic Areas:
• Newark Blvd
• City Hall Plaza
• Downtown
• Central Park
• City Centre
Other Locations
and Activities:
• NewPark Mall
• Internet (likely
referring to accessing
community resources
or events online)
• Mini festivals (likely
held in parks or
community centers)
• Schools (not
specified, likely
includes local school
events or facilities)
• Restaurants
Appendix C
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Q7. What do you think is the role of
public art in Newark? (choose six)
LEGEND:

Welcome people to Newark -

60.2%
Support the growth of the local
arts community - 48.2%
Promote pride in Newark - 43%
Help build and reinforce the
identity of Newark - 50.6%
Provide opportunities for people
to experience art that they
otherwise wouldn’t be able to
access - 46.2%
Bring a sense of whimsy and
delight to everyday spaces -

49.8%
Create community interaction
and strengthen social networks
and connection - 35.4%
Support tourism - 20.7%
Draw attention to the natural
environment and
environmental issues facing
Newark - 31.9%
Encourage economic
development - 24.7%
Anchor community gathering
places - 31.5%
Help build and reinforce
the distinct neighborhood
identities - 24.7%
Position Newark as an arts
destination - 17.5%
Explore and provide information
about facets of Newark history
- 21.5%
Enhance identity of community
institutions and civic buildings
- 18.3%
Open conversations about
issues facing the community -

15.1%
Other - 9.2%
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
Appendix C
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
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Q8 Please tell us about yourself (multiple choice)
Other:
• Parent
• Retiree (2)
• Writer
• Art Lover and Lover of Newark
• Former Resident
• Newark Advocate
LEGEND:

A. Resident - 94%
B. Visitor - 28.6%
C. Artist - 27.1%
D. Employed in Newark - 16.4%
E. Business Owner - 11.4%
F. Student - 3.6%
G. Other - 14.3%
A
B
C
D
E
F
G
Appendix C
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Q9. Please tell us about yourself (multiple choice)
LEGEND:

A. 65+ - 21.1%
B. 55-64 - 17.3%
C. 45-54 - 37.6%
D. 35-44 - 62.4%
E. 25-34 - 27.1%
F. 18-24 - 3.8%
G. Under 18 - 13.5%
H. Decline to State - 12%
Appendix C

A B C D E F G H
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Appendix D

LOCATION MAP
This heat map was created through the collected feedback from participants who were asked to identify locations and opportunities for public art in the City of Newark. Participants were invited to draw, make marks, highlight, and color on the map during the community engagement pop-ups. The pink circles represent locations of interest. The larger pink circles as well as overlapping circles represent an area on the map where multiple participants identified as an area/neighborhood of high interest for public art investment whereas the pink tally marks highlight specific streets and roads that particpants envision as walkable mainstreets that incoporate public art and programming. This map is enlarged on the following page for easier viewing.

Sycamore St
Carter Ave
Bonnie St
Leone St
Deborah St
Jennifer St
Dairy St
Noel Ave
Wilma Ave
Cherry St
George Ave
Mulberry St
Olive St
Magnolia St
Graham Ave
Albyn Ct
Baine Ave
Arden St
Galletta Dr
Plummer Ave
Rich Ave
Fair Ct
Birch St
California St
Hill St Long St
Marlet
Pl
Cotton Ave
Thomas Ave
Broadway Ave
Market Ave
Ezra Dr
Birch Pl
Amador Pl
Honeysuckle Dr
Manzanita St
Guava Dr
Guava Pl
Campanula Ct
Aster Ct
Crocus Ct
Fushia Ct
Pomegranate Ave
Woodruff Dr
Narcissus Ave
Robertson Ave
Clark Ave
Birch St
Jacaranda Dr
Jacaranda Ct
Peppertree
Ct
Morning Ct
Glory Ct
Delphinium Ct
Jonquil Dr
Jasmine Ave
Larkspur St
Lotus Ct
Daphne Ct
Lupine Ct
Jonquil
Dr
Escallonia Dr
Marguerite Dr
Moores Ave
Smith Ave
Stonecress Ave
Alpine St
Dr
Morton Ave
Potrero Dr
Potrero Dr
Parada St
Joaquin
Stevenson Blvd
Stevenson Blvd
NewPark Mall Rd
NewPark Mall Rd
Balentine Dr
John Muir
Dr
NewPark Mall
Newark
Memorial
High School
Ohlone
College
Unnamed
Unnamed
City
Hall
Amaryllis Pl
Aralia Dr
Columbine Pl
Wintergreen Pl
Oleander Dr
Lavender Pl
Apenrose Ct
Geranium St Starflower St
Goldenrod Dr
Rockspray St
Dahlia Dr
Byington
Iris Ct
Camass Ct
Starflower Ct
Arbutus Ct
Geranium Ct
Forbes
For
Dr
bes Dr
Lakewood Dr Port Sailwood Dr
Port Tidewood St
Port Fogwood Pl
Bishop St
Bishop Wy
Edith St
St Mary St
San Antonio St
Harlon Ct
Abbey Ct
Spencer Ct
Ervin Ct
St Isabel Ave
Civic Terrace Ave
St Paul Dr
St Matthew Dr
Baine Ave
St Paul Dr
St Matthew Tait Ct
Souza Ave
Darvon St Darvon St
Colbert Pl
Bottle Brush Ct
Dumbarton Ct Lido Blvd
Orleans Dr
Lido
Ct
Provance St
Normandy Dr
Flanders Pl
Curie
Pl
Overlake
Fircrest St
Pl
Parkshore Dr Lake Blvd
Sandlewood St
Sheridan Ct Nelson Pl
Westbury Ct
Rockport Ct
Yarmouth Ct
Surrey Ct
Greenwich Ct
Sumerset
Pl
Tudor Pl
Vinewood St
McDonald Ave
Donegal Ct
Cardiff St
Portsmouth Ct
Blackburn Dr
Portsmouth Ave
Ashbourne Ct
Castleford Ct
Stirling Ct
Ramsgate Dr
Newcastle Ct
Cheviot Ct
Rutland Ct
Maidstone Ct
Dorchester Ct
Millwood Ct Preston Pl
Charmwood Ct
Wycombe Pl
Cornwall Pl
Buckingham Ct
Rugby Pl
Bosworth Ct
Farnham Dr
Severn DrSevern Pl Humber Pl
Edgewater Dr
Croydon Pl
Wingate Pl
Norwich Pl
Stafford Pl
Winchester Pl
Oxford Pl
Chelsea Dr
Winsford Ct
Tyne Pl
Scarbor
Scarborough Dr
ough Dr
Scarborough Dr
Tottenham Ct
Dorking Ct
Wembley Ct
Orkney Ct
Hebrides Ct
Bristol Pl
Sussex Pl
Falmouth Pl
Edgewater Dr
Swift Ct
Enfield Dr
Abbotford Ct
Balentine Dr
Rd
Ave
Indian
Birkdale Dr
Hazelnut
Pl
Sugar Pine Ct
Ponderosa Ct
Dr
Ave
Sandy Hollow Dr
Inverness Dr
Arrowhead Pl
Crystal Springs Dr
Crystal Springs
Ct
Silverado Pl
Tanforan Ct
Rinconada Ct
Firestone Ct Wentworth Pl
Truckee Ct
Rubicon Ave
Quicksilver Ave
Quartz Pl
Toulan Pl
Broadway Pl
Cedar Blvd
Cedar Blvd
Thornton Ave Thornton Ave
Ave
Mistflower Ave
Rockrose Ct
Mowry Ave
Mowry Ave
St Luke Ct
Shorehaven Ave
Sunrose Ave
Timber St
Birch St Birch St Birch St
Salisbury Dr Cambridge Ct
Milani Ave
Fair Ave
Cinnabar Ct
Birch St
St Edward St
Forbes Dr
Forbes Dr
Wedgewood St
Fowler St
Ingraham St
Newark
Community
Center Park
Darvon St
Cherry St
Cherry St
Cherry St
Newark Blvd Newark Blvd
Newark Blvd
Cedar Blvd
Cedar Blvd
Cedar Blvd
Blvd
Cedar
Jarvis Ave
Jarvis Ave Jarvis Ave
Central Ave Central Ave
Central Ave
Thornton Ave
Thornton Ave
Bridgepointe
Park
Civic Center
Park
Byington
Park
Mayhews
Landing
Park
Musick
Park
Birch
Grove
Park
Shirley Sisk
Grove
Jerry Raber
Ash Street
Park
Bayshore
Park
Glassbay
Park
Mirabeau
Park
Lakeshore
Park
Newark
Sportsfield
Park
Bridgepoint
High School
Silliman
Center
NewPark Mall
Mowry Ave
Newark
Community
Center Park
Cedar Blvd
Central Ave
Bridgepointe
Park
Byington
Park
Mayhews
Landing
Park
Musick
Park
Birch
Grove
Park
Jerry Raber
Ash Street
Park
Bayshore
Park
Glassbay
Park
Mirabeau
Park
Lakeshore
Park
Newark
Sportsfield
Park
Silliman
Center
Newark
Memorial
High School
Shirley Sisk
Grove
NewPark Mall Rd
Thornton Ave
Newark Blvd Newark Blvd
Newark Blvd
City
Hall Civic Center
Park
Freeways
Public Art Opportunity
Main Roads
Parks
LEGEND
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Sycamore St
Ave Carter
Bonnie St
Leone St
Deborah St
Jennifer St St Dairy
l Ave oe N
ma Ave il W
Cherry St
Ave rge eo G Mulberry St
Olive St
Magnolia St
Ave am ah Gr
Ct Albyn
Ave Baine
Arden St
Galletta Dr
Ave er mm Plu
Rich Ave
Fair Ct
Birch St
California St
Hill St Long St
Marlet
Pl
Ave on tt Co
Ave mas ho T
Ave dway oa Br
Ave Market
Ezra Dr Birch Pl
Pl or ad Am
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Manzanita St
Guava Dr
Guava Pl
Campanula Ct
Aster Ct
Crocus Ct
Fushia Ct
ranate Ave eg Pom
Dr ff ru ood W
us Ave ss Narci
Ave on rts obe R
Ave Clark
Birch St
Jacaranda Dr
Jacaranda Ct pertree ep P
Ct
Morning Ct
Glory Ct
Delphinium Ct
Jonquil Dr
Jasmine Ave
Larkspur St
tus Ct Lo
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Dr
Dr onia ll a sc E
Marguerite Dr
Ave res oo M
Smith Ave
Ave ss cre one St
Alpine St
Dr
Ave Morton
Potrero Dr
Dr Potrero Parada St uin oaq J
Stevenson Blvd Stevenson Blvd NewPark Mall Rd
NewPark Mall Rd
Balentine Dr
Muir ohn J
Dr
NewPark Mall
Newark
Memorial
High School
Ohlone
College
med nna U
med nna U
City
Hall
Amaryllis Pl
Aralia Dr
Columbine Pl
Pl een Wintergr
Dr r de n ea Ol
Lavender Pl
Apenrose Ct
Geranium St Starflower St
Goldenrod Dr
Rockspray St
Dahlia Dr
Byington
Iris Ct
Camass Ct
Starflower Ct
tus Ct bu Ar
Geranium Ct
Dr s be For
Dr s be For
Lakewood Dr Port Sailwood Dr
Port Tidewood St
Port Fogwood Pl
Bishop St
Bishop Wy
Edith St
St Mary St
San Antonio St
Ct on Harl
ey Ct bb A
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Ervin Ct
l Ave be sa t I S
Ave ace rr Te Civic
Paul Dr t S
w Dr he Matt t S
Baine Ave
St Paul Dr
St Matthew
Tait Ct
Ave za ou S
Darvon St Darvon St
Pl rt be Col
Bottle Brush Ct
Lido Blvd Dumbarton Ct
Orleans Dr
Lido
Ct
Provance St
Normandy Dr
ders Pl an Fl
Curie
Pl Fircrest St
Pl Overlake
Parkshore Dr Lake Blvd
Sandlewood St
Sheridan
Nelson Pl
Ct Westbury Ct
Ct t por ck Ro
Yarmouth Ct
ey Ct rr Su
nwich Ct ee Gr
Sumerset
Pl
Tudor Pl
Vinewood St
McDonald Ave
Donegal Ct
Cardiff St
Portsmouth Ct
Blackburn Dr
Ave th ou Portsm
Ct ne our hb As
Castleford Ct
ng Ct li Stir
Ramsgate Dr
Newcastle Ct
Cheviot Ct
Rutland Ct
Maidstone Ct
Dorchester Ct
Millwood Ct Preston Pl
Charmwood Ct Cornwall Pl
Wycombe Pl Buckingham Ct
Rugby Pl
Bosworth Ct
Farnham Dr
Severn Dr
Severn Pl Humber Pl
Edgewater Dr Croydon Pl
Wingate Pl
Norwich Pl
ord Pl ff Sta
Winchester Pl
Oxford Pl
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Winsford Ct Tyne Pl Scarborough Dr
Dr ough Scarbor
Dr ough Scarbor
Tottenham Ct
Dorking Ct
Wembley Ct
Orkney Ct
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Bristol Pl
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Falmouth Pl
Edgewater Dr
Swift Ct
Enfield Dr
Abbotford Ct
Dr ne Balenti
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Dr Birkdale
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Sugar Pine Ct
Ponderosa Ct
Dr
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Dr ss Inverne
Arrowhead Pl
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Tanforan Ct
Rinconada Ct
Firestone Ct Wentworth Pl
Ct ee ck Tru
Ave icon ub R
Ave ver il s ck Qui
Pl rtz ua Q
Toulan Pl
Broadway Pl
Cedar Blvd
Cedar Blvd
Thornton Ave Thornton Ave
Ave
Ave lower tf Mis
Rockrose Ct
Ave Mowry
Mowry Ave
St Luke Ct
Shorehaven Ave
Ave rose un S
Timber St
Birch St Birch St Birch St
sbury Dr li Sa Ct ge Cambrid
Ave i an il M
Fair Ave
bar Ct nna Ci
Birch St
St Edward St
Forbes Dr
Forbes Dr
Wedgewood St
Fowler St
Ingraham St
Newark
Community
Center Park
Darvon St
Cherry St
Cherry St
Cherry St
Newark Blvd Newark Blvd
Newark Blvd
Cedar Blvd
Cedar Blvd
Cedar Blvd
Blvd
Cedar
Jarvis Ave
Jarvis Ave
Jarvis Ave
Central Ave Central Ave
Central Ave
Thornton Ave
Thornton Ave
Bridgepointe
Park
Civic Center
Park
Byington
Park
Mayhews
Landing
Park
Musick
Park
Birch Grove Park
Shirley Sisk
Grove
Jerry Raber
Ash Street
Park
Bayshore
Park
Glassbay
Park
Mirabeau
Park
Lakeshore
Park
Newark
Sportsfield
Park
Bridgepoint
High School
Silliman
Center
NewPark Mall
Mowry Ave
Newark
Community
Center Park
Cedar Blvd
Central Ave
Bridgepointe
Park
Byington
Park
Mayhews
Landing
Park
Musick
Park
Birch Grove Park
Jerry Raber
Ash Street
Park
Bayshore
Park
Glassbay
Park
Mirabeau
Park
Lakeshore
Park
Newark
Sportsfield
Park
Silliman
Center
Newark
Memorial
High School
Shirley Sisk
Grove
NewPark Mall Rd
Thornton Ave
Newark Blvd Newark Blvd
Newark Blvd
City
Hall
Civic Center
Park
Public Art OpportunityFreewaysMain RoadsParks
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LOCATION MAP (LARGER VIEW)
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Appendix E

SAMPLE PUBLIC ART PROGRAM POSITION DESCRIPTIONS
To support the Public Art Program, the following staff and/or consultant positions are recommended:

1. Public Art Program Manager (Full Time)
Under the direction of the future department, the Public Art Manager is accountable for management level administrative work directing program operations, staff, projects, and complex tasks in support of the Public Art Committee mission, goals, policies, and objectives.

The following are responsibilities of the Public Art Manager • Plans, manages, and oversees the daily functions, operations, and activities of the Public Art Program.
• Plans, organizes, oversees, coordinates, and reviews the work of staff performing duties related to performing arts, visual arts, public art, literary arts, media arts, and instructional programs.
• Participates in the development and implementation of goals, objectives, policies, and priorities for the Public Art Program.
• Recommends appropriate service and staffing levels.
• Develops and manages the Public Art Program budget including the Public Art Fund and monitors expenditures; conducts research and prepares projections. • Develops and manages the preparation of grant proposals; supervises the implementation of grant-funded programs and services.
• Plans and executes strategic marketing plans and promotional activities for all arts events and programs.
• Communicates with City departments to ensure success in coordination of all cultural activities.
• Manages all relations and staff support to the Public Art Committee and associated constituent groups.

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• Prepares and reviews presentation materials submitted for City Council review. • Makes presentations to business and neighborhood groups, City Boards and Committees, City Council, and the public and represents the Public Art Program at various meetings.
• Stays abreast of latest trends and innovations in public art and studies their applicability to City needs.
• Makes presentations to business and neighborhood groups, City Boards and Committees, City Council, and the public and represents the Public Art Program at various meetings.
• Stays abreast of latest trends and innovations in public art and studies their applicability to City needs.

2. Public Art Program Public Art Coordinator (Full Time) It is the responsibility of the Public Art Coordinator to assume the pivotal role of guiding the public art process and coordinating the efforts of a multitude of participants. To ensure that each project’s full potential can be realized, the Public Art Program Public Art Coordinator must adopt the following responsibilities:
• Oversee the percent for art budget, including regular meetings with the appropriate City department to assess project eligibility for current and projected Capital Improvement Program projects.
• Manage the interests and needs of a varied range of stakeholders, including the City of Newark’s departmental staffs, City Council, Public Art Committee, and various panels, private developers, peer professionals, community members, and others. • Coordinate public information and community outreach, including the Public Art Program website.
• Be knowledgeable about the range of artistic possibilities and familiar with local and national resources in the field.
• Facilitate the artist and artwork selection and approval processes. • Represent and defend the interests of the artist and the intended artwork from the beginning to the end of a project, while at the same time understanding and balancing the competing interests and needs of all the other participants in the public art process.

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Appendix E
• Prepare for public art controversy. In the event that it occurs, develop proactive systems for distributing information, responding to the media, and activating supporters.
• Manage the design, fabrication, and installation of public artwork. • Anticipate, plan for, and implement the complex layers of competing schedules, information requirements, budgets, and programmatic needs. • Negotiate contract agreements and develop consensus around highly complex issues and situations.
• Oversee the documentation, care, and maintenance of the City of Newark’s public art collection, as well as the deaccessioning of artwork.
• Administer the donation of artwork gifts to the City from private individuals, collectors, artists, foreign cities, or countries.

3. Public Art Program Collection Specialist (Part Time) • Manage public art collection inventory and data.
• Schedule and track collection maintenance and repairs. • Maintain records.
• Maintain artwork insurance policies.
• Produce content for educational materials, collateral, signage, maps, and tours.

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Appendix F

SAMPLE WORKPLAN TEMPLATE
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Appendix G

SAMPLE ARTIST AND ARTWORK SELECTION GUIDELINES

1. Artist Selection Goals
The overarching goal of artist selection is to acquire artwork of the highest quality. Success depends on selecting an artist whose skill, experience, style, commitment to collaboration and community facilitation skills match the project’s needs. The specific goals of the selection process are to:

A. Encourage the highest level of creative engagement and vibrant thinking in creating free-standing or site-integrated artworks.

B. Select an artist or artists whose existing public artworks or past collaborative efforts have maintained a high level of quality and integrity.

C. Further the mission and goals of the Public Art Program and the City of Newark (City).

D. Identify the optimal approach to public art that is suitable to the demands of the particular project.

E. Select an artist or artists who will best respond to the distinctive characteristics of the site and the community it serves.

F. Select an artist or artists who can work successfully with the project design team.

G. Ensure that the selection process represents and considers the interests of all parties concerned, including the public, the arts community, and the City.

2. Artist Selection Panel
A. The Artist Selection Panel functions in an ad hoc capacity and is responsible for reviewing artist submittals for publicly funded art projects and making recommendations of finalists to the Public Art Committee.

B. The Artist Selection Panel is selected by the Public Art Program staff or consultant on a project-by-project basis and ideally is comprised of at least three arts professionals selected based on expertise in public art, artists with public art experience, and arts Packet Page 266
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management professionals, a representative of the project design team, the client City department, and at least one panel member representing the community in which the artwork will be located.

C. Public Art Committee members may serve on the panel as community members or arts professionals, if appropriate, or may participate on the artist selection panel as observers. Panel recommendations shall be based upon consensus.

D. The Artist Selection Panel is customized to each qualifying Capital Improvement Program project (CIP). Utilizing an Artist Selection Panel is also an option for non-CIP artist selection for large budget artworks. Artists being considered for smaller budget, non-CIP projects can be adjudicated and approved directly by the Public Art Committee.

3. Methods for Artist Selection
A. Criteria
The Public Art Committee, in consultation with Public Art Program staff or consultant, defines the method for artist selection for each project, considering the nature and needs of the specific project, including:

1. Project goals.

2. Size of the budget available for artwork.

3. Interest in working with emerging and/or established artists.

4. Geographic restrictions on artists’ eligibility.

5. Preferences concerning the nature of the artwork, i.e., medium, form.

6. Potential locations for the work and limitations or opportunities presented by the site.

B. Options for Artist Solicitation
There are several standard methods of artist selection that may be used. In each case, the contracting process must be in compliance with the City’s purchasing policy.

1. Request for Qualifications (RFQ)
a. Request for Qualifications (RFQ) can be an effective and efficient method to issue a Call for Artists. RFQs require minimal expenditures of time and money from artists. RFQs primarily rely upon examples of an artist’s previous work and Packet Page 267
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typically include an artist’s vita, selected references, and a statement of interest about the project. When RFQs are written thoughtfully and applicants’ materials are subsequently reviewed, considered, and evaluated by arts professionals and the commissioning organization, a short list of qualified artists to interview for a proposed project may be easily accomplished. b. The outcome of this process creates opportunities for in-person interviews or offering a reasonable fee to compensate for the development of conceptual ideas for the project. The RFQ process does not anticipate that artists prepare, or present specific ideas based on limited information provided in the Call.

Instead, conceptual artwork proposals for the project are developed only after learning more about the project through site visits and interactions with project personnel and constituent interests.

2. Request for Proposals (RFP)
a. If the design process is sufficiently advanced and a context has been established to which the artists can respond, each of the finalists may be asked to develop a preliminary artwork proposal. Request for Proposals (RFP) can be an effective way to consider and evaluate the appropriateness of an artist when a limited number of artists are invited to participate in a selection process, the criteria for selection is explicit and uniform, and there is an honorarium paid to the artist for each submission. Commissioning bodies recognize that artists will not have sufficient time and information to develop site specific proposals that are informed by substantial client interaction unless the proposals and competition affords at least four to six weeks of preparation time.
b. Proposals are requested only when the City is prepared to consider the proposal as a conceptual approach to the project and not the final design.

The commissioning body must pay each artist a standardized proposal fee commensurate with the commission amount for the development of the proposals. All proposal materials are returned to those artists not selected for the project and the City recognizes that all ideas presented for the project, including copyright, belong to each artist.

3. Open Competition
In an open competition, any artist may submit their credentials, subject to requirements established by the Public Art Program. The Call for Artists must be sufficiently detailed to permit artists to determine whether their work is appropriate for consideration. An open competition allows for the broadest range of possibilities for a site and can bring in new and emerging artists. This method sometimes discourages established artists who prefer to respond to limited competitions and to be directly selected for projects.

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4. Limited Competition
In a limited competition, three or more artists are preselected and invited to submit qualifications. Limited competitions are more appropriate for projects with extremely aggressive schedules, where there is consensus around an artist or list of artists to be considered, and where a high-level or specific type of expertise is required for the project. The list of preselected artists can be developed by the Public Art Committee with input from the Public Art Program staff; local, national, and international arts professionals; project partners; and/or a curator or consultant advising on the projects.

5. Direct Selection
Direct selection is a method that is most often used in private development projects, although developers may choose to select an artist through other methods described here. On occasion, an artist for a municipal public art project may be chosen directly by the Public Art Committee. Direct selection may be appropriate on projects where an urgent timeline, limited budget, or specific project requirements exist.

6. Direct Purchase
At times, the Public Art Committee may elect to recommend a direct selection in which it contracts with a specific artist for a particular project. This may occur for any reason, but generally is used when circumstances surrounding the project make either an open or limited competition unfeasible (i.e., project timeline, community or social considerations, client demand) or a specific artwork is needed due to the exacting nature of the project.

4. Evaluation Criteria
A. General Questions to Consider when Commissioning Public Art

1. Is the artwork of a high quality?

2. Does the artist have experience or demonstrate a level of excellence?

3. Does the artwork celebrate some aspect of the uniqueness of Newark?

4. Have potential safety and security issues been assessed?

5. Has the artist identified ongoing maintenance needs? Packet Page 269
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6. Has there been a consultation to ensure that design of the project meets requirements of the Americans with Disability Act?

7. How does the artwork relate to the City’s overall collection? B. Artist Qualifications

1. Meets the definition of artist, as defined in the Public Art Ordinance.

2. Demonstrates artistic excellence, innovation, and originality as represented in past work and supporting materials.

3. Shows capacity for working with the tools and materials used to create the artwork and with concepts appropriate to the project goals and site.

4. Demonstrates interest and capability in creating public artwork in collaboration with the Public Art Program, project design team (if applicable), and other project partners.

5. Demonstrates experience in successfully completing works of similar scope, scale, budget and complexity, or ability to articulate how they would be able to bring the necessary artistic and technical skills to this project.

6. Demonstrates interest in and understanding of the project.

7. Is available to perform the work in a timely and professional manner.

8. If applicable, demonstrates a cohesive team.

C. Criteria for Evaluating Artist Concept and Schematic Proposals

1. Clearly responds to the project goals.

2. Meets the definition of artwork as defined by the Public Art Ordinance.

3. Demonstrates excellence in aesthetic quality, workmanship, innovation, and creativity.

4. Demonstrates appropriateness in scale, form and is of materials/media suitable for the site.

5. Demonstrates feasibility in terms of budget, timeline, safety, durability, operation, maintenance, conservation, legal and ethical issues related to possession and use of proposed artwork, security, and/or storage and siting.

6. Builds the diversity of the City’s public art collection.

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Appendix H

SAMPLE DEACCESSION POLICY

1. Purpose
The Public Art Program staff manages and maintains the City of Newark’s collection of artwork for the benefit of the Newark community.

A. This policy shall govern removal, disposal, and destruction of artworks in the collection of the City. This policy applies to permanent artworks in the City’s collection that are intended to stay in place for long periods and that have a predetermined lifetime of one year or more.

B. Removing an artwork from the collection (deaccessioning) is a sensitive matter and needs to be managed according to clear criteria. The policies outlined below are subject to periodic review by the Public Art Committee.

C. Except in the case of a safety emergency, no artwork in the collection shall be deaccessioned until the policies set forth below have been observed.

2. Policy
A. Any proposal for removal or destruction of an artwork shall be submitted to Public Art Program staff and reviewed by the Public Art Committee according to the policies and procedures contained herein; review shall be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion.

B. Deaccession shall be a seldom-employed action that is taken only after issues such as artists’ rights, public benefit, censorship, copyrights, and legal obligations have been carefully considered. The final decision with respect to deaccession of artworks owned by the City shall rest with the Public Art Committee.

C. At regular intervals, the condition of the City’s artwork collection shall be evaluated by the Public Art Program staff or a professional fine art conservator and reported to the Public Art Committee with any recommendations for deaccession.

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3. Definitions
For purposes of this Policy, the following definitions apply.

A. Artist. An individual generally recognized by critics and peers as a professional practitioner of the visual arts as judged by the quality of the professional practitioner’s body of work, educational background and experience, past public commissions, sale of works, exhibition record, publications, and production of artwork.

B. Artwork. Works in any style, expression, genre, and media created by an Artist and owned by the City in the permanent collection, whether functional or non-functional.

Artwork may be stand-alone and integrated into the architecture, landscaping, or other site development if such are designed by an Artist as defined herein.

The following are not considered Artwork:

1. Reproductions, by mechanical or other means of original Artwork, except in cases of film, video, photography, printmaking, theater, or other media arts;

2. Art objects that are mass produced (excluding artist-created, signed limited-edition works), ordered from a catalog, or of a standard design, such as playground sculpture or fountains; and

3. Directional or other functional elements such as signage, supergraphics, color coding, or maps unless specifically designed as artworks.

C. Deaccession. The procedure for the removal of an Artwork owned by the City and the determination of its future disposition.

D. Deaccession Notification. A written communication to the artist or donor referencing the applicable condition(s) of the Artwork and describing reasons why the deaccession review needs to be undertaken.

4. Guidlines
Any Artwork owned by the City shall be eligible for deaccession except an artwork accompanied by verified legal stipulations that it may not be. During the review process, the artwork shall remain accessible to the public in its existing location unless it poses a threat to public safety.

A. Artwork may be reviewed for deaccession at any time by Public Art Program staff or Public Art Committee members. Review also may be initiated by the Artist regarding the Artwork they created, by that Artist’s designated heir(s), or by legally recognized representative(s).

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B. Artwork may be considered for review toward deaccession if one or more of the following conditions apply:

1. The condition or security of the Artwork cannot be reasonably guaranteed.

2. The Artwork requires excessive maintenance or has faults of design, materials or workmanship, and repair or remedy is impractical or unfeasible.

3. The Artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible.

4. If the Artwork has been lost, stolen, or is missing, the Public Art Committee may approve formally deaccessioning it from the collection while retaining a record in the collection database showing that the work has been deaccessioned.

5. The Artwork’s physical or structural condition poses a threat to public safety.

6. The Artwork is proved to be inauthentic or in violation of existing copyright laws.

7. The Artwork is not, or is only rarely, on display because the City lacks a location for its display.

8. As applicable, the Artwork has exceeded its expected lifespan, as defined in the contract agreement with the artist for the commission or acquisition of the artwork.

9. No suitable site is available for relocation or exhibition, or significant changes in the use, character, or design of the site have occurred which affect the integrity of the artwork.

10. Changes to the site have significantly limited or prevented the public’s access to the artwork.

11. The site where the work is located is undergoing privatization.

12. Deaccession is requested by the artist.

13. If there are more than three permanently installed works on public display in the City, Public Art Program staff may recommend to the Public Art Committee that the City retain only a representative selection of that artist’s work.

5. Deaccession Criteria
In addition to the condition and security of the artwork as stated above, the review criteria for Deaccession Requests include, but are not limited to:

A. Artistic Excellence. Qualifications and professional reputation of the Artist; craftsmanship, conceptual content, style, form.

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B. Value of Artwork. As determined by a professional appraiser, if available.

C. Relationship to Existing Collection of Artwork. Style, form, scale, diversity, quantity, quality, longevity, and compatibility with the existing collection of Artwork and goals of the Public Art Program.

D. Availability of City Support. The availability of necessary funding for conservation, maintenance, and/or repair; exhibition and storage space; for sitting Artwork; and staff support.

E. Relationship to Site. Accessibility, public safety, and social, cultural, historical, ecological, physical, and functional context of the Artwork in relation to the site, both existing and planned.

F. Legal Considerations. Issues related to liability, insurance, copyright, warranties, ownership, theft, vandalism, loss, indemnification, and public safety. The City Attorney shall review the recommendation of the Public Art Program staff and Public Art Committee to determine whether there are any known legal restrictions that would prevent deaccessioning the object. The City Attorney’s approval must be obtained prior to deaccessioning an object.

G. Timing. Safety or hazard emergencies, relevant construction schedules, and the allowance of sufficient time for a normal review process.

H. Acquisition Process. Method by which the Artwork was acquired and accessioned into the collection of artwork (i.e., donation, loan, commission).

I. Community Feedback. Community feedback about the Artwork, its site, and its condition solicited via a publicly noticed meeting or placed on the agenda of the Public Art Committee.

J. Restrictions. Any recognized restrictions associated with the Artwork.

6. Procedures
A. Deaccession Request

1. Deaccession shall begin with a formal Deaccession Request which can be initiated by the Public Art Committee, by Public Art Program staff, the artist, the artist’s designated heirs or legally appointed representative.

2. The Deaccession Request shall be submitted to Public Art Program staff and shall describe the applicable condition(s) outlined in the Guidelines above, and the reasons why the deaccession review should be undertaken.

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3. A Deaccession Request must also contain information about the requester’s relationship to the Artwork and stake in deaccessioning the Artwork.

4. Deaccession Requests shall be reviewed by Public Art Program staff, who shall make every reasonable effort through a Deaccession Notification to contact the artist who created the Artwork named in the Deaccession Request, and any other known parties with a vested interest in the artwork and shall comply with any applicable state or federal notice requirements.

B. Review and Approval Process

1. When Artwork is proposed for deaccession, Public Art Program staff shall place the matter on the Public Art Committee agenda for review of the Deaccession Request, reasons deaccessioning is being considered, and the Public Art Program staff deaccession recommendation.

2. In presenting the Deaccession Request, Public Art Program staff shall provide all available relevant corresponding materials to the Public Art Committee, including, but not limited to:
a. Artist’s name, biographical information, samples of past artwork, and resume. b. A written description and images of the Artwork.
c. Artist’s statement about the artwork named in the Deaccession Request. d. A description of the selection/acquisition process and related costs implemented when the Artwork was selected.
e. If available, a formal appraisal of the Artwork provided by a qualified art appraiser.
f. Information about the origin, derivation, history, and past ownership of the Artwork.
g. A warranty of originality of the artwork as evidenced by artist’s signature on the artwork and/or the contract agreement for the commission or acquisition of the artwork signed by the artist.
h. Information about the condition of the artwork and the estimated cost of its conservation provided by a qualified visual arts conservator. i. Information about and images of the artwork’s site.
j. Information about how community feedback about the artwork was collected and the outcome of that feedback.
k. Feedback from the Director of the City department responsible for operating and maintaining the Artwork site.

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l. A detailed budget for all aspects of conservation, maintenance, repair, installation, operation, insurance, storage, and City staff support. m. The artist’s contract with donor or comparable legally binding document with Proof of Title, if applicable.
n. Deed of gift restrictions, if any.

15. The Public Art Committee shall approve, with or without conditions, or reject the Deaccession Request based on the Deaccession Criteria described in this policy.

7. Methods of Removal
The deaccessioned artwork shall be removed from the collection of artwork through methods administered by the Public Art Program staff.

A. Opportunity for Artist to Purchase Artwork

1. In all cases, the artist or the artist’s designated heir(s), or legally recognized representative(s) shall be given, when possible and within a reasonable time frame, the opportunity to purchase the artwork for the fair market value as determined by a qualified art appraiser retained by the City for that purpose.

2. If the artwork is determined to be of negligible value, the artist shall be given the opportunity to claim the Artwork at the Artist’s own cost.

B. Methods of Removal
When the Artist does not purchase or claim the deaccessioned Artwork, the City, at its discretion, may use any of the following methods to remove the Artwork:

1. Sale.
a. Proceeds from the sale shall be deposited in the Public Art Fund. Written acknowledgement to place revenues from the sale of deaccessioned artwork in the Public Art Fund must be obtained from the City Manager. Public notice regarding the sale shall be provided on the City website, at a publicly noticed meeting and in any other manner required by law.
b. The Artist/donor shall be given the right of first refusal to reacquire the work at fair market value, original price, or nominal value, depending on the recommendation of the Public Art Committee.
• The cost of removal of the work may be reflected in the amount set. • Sell the work through a dealer.
• Sell the work through sealed bidding or public auction.

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2. Trade or Exchange. Trade or exchange of a deaccessioned artwork for another by the same Artist.

3. Donation. Donation of deaccessioned artwork to a non-profit organization, institution, or agency.

4. Destruction. This method is appropriate in the following instances:
a. The entire artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible.
b. Most of the artwork has been damaged or has deteriorated, and repair or remedy is impractical or unfeasible, and any remaining intact parts of the artwork are deemed to have negligible value, and the artist is not willing to claim the remaining parts at the Artist’s own cost.
c. Public safety considerations support destroying the artwork. d. Every effort to locate the Artist, kin, or donor has failed. e. The Public Art Committee and the Public Art Program staff determines that no other method of implementation is feasible.

C. Profits

1. When possible, the method for removing the artwork from the collection shall be selected based on the highest reasonable price that may be received.

2. Any profits received by the City through the sale, trade, or auction of a deaccessioned artwork shall be deposited into the Public Art Fund.

8. Implementation
A. A deaccessioned work is sold or exchanged, Public Art Program staff shall implement any legal requirements for compensating the artist, including the California Resale Royalties Act (Civil Code section 986) which entitles artists to a royalty payment upon the resale of their art).

B. Public Art Program staff shall remove acquisition numbers and labels from the Artwork and coordinate its physical removal from the City’s collection.

C. Public Art Program staff shall report on the sale or exchange of Artwork at the next regularly scheduled meeting of the Public Art Committee, following receipt of all funds or the completion of the sale, exchange, or donation.

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D. Public Art Program staff shall transmit a report informing City Council of the removal of the artwork from the City’s collection.

E. Public Art Program staff shall maintain a Deaccession File that includes individual files on each deaccessioned artwork. These files shall include all documentation regarding the Artwork.

9. Exceptions
A. Artworks may not be sold, traded, or donated to current employees of the City of Newark, their business partners, or their immediate family members. Current elected officials, Public Art Committee members, their business partners, and their immediate family members may not buy, receive, or own any Artwork which has been deaccessioned from the collection of Artwork.

B. Nothing in these guidelines shall limit the City’s ability to take appropriate action to protect public health and safety in an emergency.

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SAMPLE DEACCESSION FORM
Person Requesting Deaccession
Name:

Affiliation:

Email:

Phone:

Artwork
Title of Artwork:

Collection / Accession #:

Name of Artist:

Date of Artwork:

Item Description:

Reason for Deaccessioning
• The condition or security of the Artwork
cannot be reasonably guaranteed.
• The Artwork requires excessive
maintenance or has faults of design,
materials or workmanship, and repair or
remedy is impractical or unfeasible.
• The Artwork has been damaged or has
deteriorated, and repair or remedy is
impractical or unfeasible.
• The Artwork has been lost, stolen, or is
missing.
• The Artwork’s physical or structural
condition poses a threat to public safety.
• The Artwork is proved to be inauthentic or
in violation of existing copyright laws.
• The Artwork is not, or is only rarely, on
display because the City lacks a location
for its display.
• As applicable, the Artwork has
exceeded its expected lifespan, as
defined in the contract agreement
with the artist for the commission or
acquisition of the artwork.
• No suitable site is available for
relocation or exhibition, or significant
changes in the use, character, or
design of the site have occurred which
affect the integrity of the artwork.
• Changes to the site have significantly
limited or prevented the public’s
access to the artwork.
• The site where the work is located is
undergoing privatization.
• Deaccession is requested by
the artist.
• There are more than three
permanently installed works by the
same artist on public display.

Final Decision by Public Art Committee
Date:

Approve Deaccession
Reject Deaccession
*Method of Removal
Sale
Trade or Exchange
To be completed by Public Art Program Staff:

Donation
Destruction
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Appendix I

SAMPLE GIFTS, LOANS, AND EXHIBITIONS

OF ARTWORK ON PUBLIC PROPERTY

1. Background
Private individuals and agencies may occasionally offer works of art as gifts or loans to the City of Newark (City) or desire to exhibit art owned by those individuals or agencies on public property. Similarly, individuals or groups may also wish to propose a public art project that would be temporarily or permanently installed on City property.

A. These gifts, loans, and exhibitions are an important part of the City’s growing art collection and its presence in the public realm. The City has established policies and procedures for any unsolicited gifts, loans, or exhibition proposals for the following reasons:

1. Maintain the quality of the public art collection.

2. Ensure that artworks are sited in the most suitable locations.

3. Ensure that there are adequate funds to protect, maintain, preserve, and conserve works of art on public property.

4. Evaluate works for quality, safety, durability, and maintainability.

B. The Public Art Committee is responsible for reviewing all gifts, loans, and exhibitions proposed by individuals, organizations, and neighborhood and community groups.

The Public Art Committee may choose to include non-voting ex-officio members, such as conservators or curators, as needed.

C. The Public Art Committee may accept and shall comply with the terms and conditions of gifts, loans, and exhibitions of artwork so long as acceptance of the of the same entails no expense for the City beyond ordinary care and maintenance, in which case the Public Art Committee makes a recommendation to the City Council for acceptance.

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2. Definitions
A. Artwork Gifts and Loans.

1. Unrestricted Gift: The gift of a work of art to the City without any restrictions placed on where it is sited.

2. Restricted Gift: The gift of a site-specific work of art to the City.

3. Loan: The loan of a work of art to the City, with or without restrictions on where it is sited.

B. Exhibitions/Artwork.

1. Temporary Exhibition/Artwork: A proposed exhibition or work of public art installed temporarily on City property for one year or less. Proposals may be site-specific or not.

2. Permanent Exhibition/Artwork: A proposed exhibition or work of public art installed permanently on City property for 10 years or more. Proposals may be site-specific or not.

3. Exhibition of Privately Owned Art on Public Property: A proposed exhibition of art not owned by the City and that is borrowed by the owner of the artwork for display on City property.

C. Monetary Gift. Cash gift contributed to the Public Art Committee.

3. Review Process
The Public Art Committee shall review each gift, loan, and exhibition proposal based on the criteria established below. This includes artwork that may have been part of a previously juried exhibition.

A. Individuals or groups shall be required to submit the relevant application and supporting materials when proposing a gift, loan, or exhibition of artwork to ensure that all criteria are addressed.

B. In addition to the following, the Public Art Committee may require other support materials such as text verbally describing artwork, specifications, structural and engineering drawings, models, and presentation drawings.

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1. Artistic Merit
Does the artwork have strong artistic merit? Criteria include but are not limited to:
a. Durability and craftsmanship in fabrication.
b. Relationship of artwork to other works in the City art collection. c. Appropriateness of artwork scale to the proposed site. d. Appropriateness of artwork to other aspects of its surroundings, and artist’s credentials and recognition.

2. Provenance
Does the owner have clear title to the artwork to make the legal gift?

3. Site
What type of site is proposed for the artwork? Siting criteria include but are not limited to:
a. Written evidence that location of artwork on the proposed site has been approved by the City department charged with oversight of that site. b. If an artwork is designated in a neighborhood plan, is the proposed artwork consistent with the plan recommendations, and have community members approved of its proposed placement?
c. If the artwork is proposed for a site of regional significance (e.g., a regional park, an arterial route, a major civic building), does its scale and aesthetic quality merit a prominent location?

4. Relationship to the City’s Collection as a Whole
How is the proposed gift compatible or incompatible with the City’s public art collection? Criteria for compatibility include but are not limited to:
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5. Safety, Maintainability and Feasibility
Artworks must be structurally sound, durable, and resistant to vandalism, weathering, and excessive maintenance/repair costs and should not threaten the public’s safety. Applicant must provide the following information for Public Art Committee review:
a. Adjacent/surrounding site conditions if applicable,
b. Dimensions
c. Materials
d. Colors
e. Power, plumbing, or other utility requirements
f. Construction/installation method
g. The fabricator or contractor is qualified to install the work and carries adequate insurance to meet City requirements. h. Evidence the art shall not pose a threat to public safety.

4. Maintenance Requirements
The Public Art Committee maintains records of all artwork on City property and oversees their maintenance. However, funds to maintain artworks in the City’s collection are limited.

A. Donors may be required to sign a maintenance agreement or establish a maintenance endowment to ensure that the artwork can be cared for adequately.

B. Funds provided for maintenance are deposited into the Public Art Fund and earmarked for that purpose. Typically, a maintenance fund consists of 10% of the value of the artwork.

5. Procedures
A. Proposed gifts, loans, and exhibitions should first be referred to the Public Art Program staff who shall assist individuals in identifying the appropriate application that must be submitted for review. Any questions regarding the application should be referred to the Public Art Program staff.

B. Completed and signed applications and supporting materials, including images or a maquette or rendering of artwork(s), should be submitted to Public Art Newark, and reviewed by Public Art Program staff for completion.

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C. The Public Art Commission shall review applications and supporting materials according to the criteria outlined above and determine whether they shall recommend accepting or rejecting the proposal. The Committee may attach conditions to its recommendations for acceptance or rejection of proposals.

D. If a specific site is recommended for placement of the donated or loaned work or exhibition of private art on public property, the Committee shall review the proposed site. The site shall also need to be approved by the appropriate City department under whose jurisdiction the artwork site is located. If a site has not been proposed, Public Art Program staff shall work with the applicant to identify an appropriate location for the work of art or exhibition.

E. If the City chooses to accept a proposal, Public Art Program staff shall work with individuals or groups on contracts, timelines, and installation of artwork(s).

F. If the artwork for exhibition has yet to be fabricated, the Public Art Program staff must be kept informed of the fabrication process with progress updates and scheduled studio visits.

G. If the Public Art Commission approves the exhibition of private art on public property, the owner of the private art must execute an agreement with the City whereby, among other things, the owner assumes liability for personal or property damage arising from the exhibition of that private art on public property.

6. Monetary Gifts
Donors may contribute monetary gifts to the Public Art Fund. At the discretion of the Public Art Commission, these funds may be used for maintenance of the collection, the acquisition of artwork, arts programming, and program administration, among others. If the donor proposes a specific project or commission, the above procedures must be followed.

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Appendix J

SAMPLE MEMORIALS POLICY

1. Introduction
A. The City of Newark (City) may occasionally decide to install permanent memorials on City of Newark property to commemorate persons or events of note, or to otherwise convey the City’s position on various topics (referred to as government speech). The City seeks to establish a standard measure for review of prospective donated memorials to ensure that only objects of the highest standard of excellence are accepted. The placement of memorials shall be limited to circumstances of the highest community-wide importance, both to maintain the significance of such memorials and to minimize conflicts with the active and variable use of public spaces.

B. The following policy for the acceptance of memorials defines the types of donations that the City shall accept and establishes criteria for review and acceptance of these objects. The following types of projects are considered in this policy:

1. The gift of a newly commissioned memorial to be located permanently on City property or public right of way.

2. The offer by a donor to organize a public competition that shall result in the gift or loan of a memorial to be located permanently or temporarily on City property.

2. Policy
A. This policy provides a framework for review and approval of prospective memorials.

The City of Newark shall only accept memorials that are of the highest quality.

Memorials must meet the subject criteria outlined below. In order for the City to accept donations of memorials, it must first determine that there is an identified space for exhibition on City of Newark property or within City facilities.

B. The City shall not accept memorial objects that are unlimited reproductions or are mass-produced. These memorial donations differ from public artworks commissioned or acquired by the City through other legislation and policies.

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3. Definitions
A. Memorials are markers, statues, and other similar permanent installations to express government speech, as further described in this policy, and which are installed by the City of Newark, or which are accepted by the City and installed on City property with City permission. Memorials may be in various forms including:

1. Plaques

2. Sculpture

3. Fountains

4. Other forms of memorials as determined by the Public Art Committee B. Artwork Memorials are memorials that are designed by an artist. Memorials may be designed by artists in collaboration with members of allied fields such as architecture, engineering, landscape architecture, and graphic design.

4. Memorials and Government Speech
A. The City has established the following considerations for the topic of memorials:

1. The placement of memorials shall be limited to circumstances of the highest community-wide importance, both to maintain the significance of such memorials and to minimize conflicts with the active and variable use of public spaces.

2. Memorials should convey a powerful connection between Newark, its natural setting, and its history.

3. Memorials should recognize significant circumstance, events or people, or provide information on topics approved by the Public Art Committee, as set forth below:
a. The contributions of individuals or groups who made a substantial impact on the City;
b. The history of Newark or of the United States;
c. Historical, natural, or cultural influences on Newark; or d. Local innovation or creativity that has contributed to Newark’s growth and prosperity.

B. The City does not permit the installation of memorials to living persons. Usually a minimum of five years between an event and its commemoration is recommended to allow for sufficient historical perspective.

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C. The City may decide, in its sole discretion, to reject a proposal for a memorial and/or may determine the appropriate site for any and all City memorials.

5. Procedures for Acceptance of Memorials
A. Application Process

1. Potential gifts of memorials must be submitted to the City Manager or designee for initial review. If the memorial is determined to be an artwork memorial, the City Manager or designee shall initiate a review and approval process. City Manager or designee shall respond to all donor inquiries and advise donors of the process for review and approval based on this determination.

2. Gifts of memorials may not be offered for a specific site. Before offering a permanently sited memorial, the donor must submit an initial request for placement consideration to the City Manager or designee. Once a potential site has been identified, the donor must submit a site plan demonstrating the relationship of the memorial to the proposed location and include color photographs of the site.

3. For gifts of memorials, the completed application must be accompanied by:
a. A letter from the donor stating the purpose of the memorial and its responsiveness to the criteria stated above.
b. A model, color photographs, or a color rendering of the proposed memorial.

If the work is three-dimensional, multiple views are required. c. If the memorial is an artwork, the completed application additionally must include:
• A professional assessment of the artwork’s condition conducted by a fine arts conservator and accompanied by maintenance requirements; • The artist’s resume;
• Information on the artwork’s context, provenance, and history (e.g., where it has been shown, who owned it, etc.); and
• Letter of authentication from the artist or the artist’s estate. d. Evidence that there are sufficient funds available for the fabrication, installation, and ongoing care of the memorial.

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B. Review and Evaluation
Step 1: Department Review
The Director of the City department with jurisdiction of the location where the artwork is proposed shall review the proposed memorial to determine whether there is an appropriate location for its permanent placement and to determine whether the memorial meets the topic criteria identified in this policy. If the memorial is not determined to be an art component, the City Manager or designee shall proceed according to Step 4 below.

Step 2: City Manager Review
a. The City Manager or designee shall review applications for donations of artwork memorials for completeness, evaluate the prospective donation, and make written recommendations for review and approval by the Public Art Committee. If the City Manager or designee determines that the donation is not feasible, the donor shall be notified in writing.
b. If the City Manager or designee has approved a site for the memorial, then the City Manager or designee shall consult with the City department responsible for that site to develop a community outreach plan.
c. If necessary, the City Manager or designee may appoint an ad hoc memorial advisory panel of three to five arts professionals to review the proposed memorial and make recommendations to the Public Art Committee based on the following criteria.
• Artistic Excellence
Donated artwork memorials should reflect the highest standards of excellence and represent diversity of art forms and artists, while excluding reproductions that are unlimited editions and art objects that are mass-produced. • Professional Credentials of the Artist
An artist’s resume should demonstrate the breadth of professional work through solo and group shows, collections, publications, and education. • Appropriateness to the Site
Donated memorials should be compatible with the proposed site’s architecture, landscape, and surrounding area.
• Placement
If the memorial requires siting but no suggested site is specified by the applicant, the City Manager or designee, after determining the work to be appropriate for placement on City property, may consult with other City departments and then suggest locations to the Public Art Committee for review.

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d. Maintenance Requirements
The memorial should be in good condition with a recent conservation report detailing routine maintenance instructions. The materials used in the creation of the artwork must last in a public, non-archival setting suitable for both indoor and outdoor exhibition and must be resistant to vandalism.
e. Maintenance Endowment
The donor must demonstrate the ability to provide a maintenance endowment sufficient for the ongoing care of the memorial.

Step 3: Public Art Committee Review
a. Upon City Manager or designee recommendation, the Public Art Committee shall review applications and decide whether to approve or disapprove. The Committee may review artworks in two ways:
• Approve/disapprove donations of artwork memorials submitted to the City of Newark.
• Approve/disapprove placement of artwork memorials on property belonging to, or under the control of the City of Newark, submitted for acceptance to other City of Newark departments or officials as donations to the City of Newark. b. Criteria for Evaluation of all Memorials
• The donor can demonstrate that the person, group or event being memorialized deemed by the City of Newark to have made a significant enough contribution to merit a memorial of the scale, cost, and visibility proposed.
• The memorial does not duplicate existing memorial themes. • The proposal has been through community outreach conducted by the group or person suggesting that the City of Newark install the memorial, and the installation and maintenance of the memorial is within the priorities of the the responsible department.
• The proposed memorial is not objectionable to the relatives of the persons or community that it is intended to honor.
• The proposed site for the memorial is related to its underlying purpose as designated in a master plan or other approval of the City Council or City Manager as a particularly appropriate site.

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• The memorial was designed by qualified professionals who may include registered architects, engineers, landscape architects, and artists who can demonstrate professional recognition in the form of public commissions or permanent public installations.
• There is a committed and verifiable funding source for the review, design, fabrication, installation, and maintenance of the memorial before proceeding to incur City of Newark costs and staff time.

Step 4: City Council Review
Upon Public Art Committee recommendation, the City Council shall review the application and decide whether to approve or disapprove.

Step 5: Acceptance
a. If the memorial is accepted by the City Council, the following requirements shall apply:
• The artist, donor, or sponsor of a memorial shall be required to pay for all installation costs and commemorative plaques associated with its placement on property belonging to or under the control of the City. • The donor shall grant the City the right to convey the work to another site, to storage, or for conservation.
• The donor shall grant the City the right to deaccession any accepted memorials under this policy with Public Art Committee review.
• The donor shall be required to establish a maintenance fund for the memorial.

Donor must provide documentation of maintenance methods and requirements for the life of the memorial and establish a maintenance fund at the City.
• The City shall inform the donor that acceptance of a donation is not determinative of the value of the donation.
• Upon acceptance of the donation, the donor shall receive an acknowledgement letter from the City. A commemorative plaque identifying the memorial, artist, and donor shall be installed near the memorial.
b. If the prospective donation of an artwork memorial or non-art related memorial is not accepted, the City Manager or designee shall provide written notification and explanation to the donor.

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Appendix K

SAMPLE TEMPORARY ART POLICY

1. Purpose
A. This Temporary Artwork Policy is intended to activate publicly owned spaces in parks, plazas, streetscapes, and other City-owned property. Temporary artworks enliven communities, provoke conversations, and refresh the public realm. Temporary art is commissioned through the City of Newark (City) Public Art Program.

B. Temporary artworks may be funded by the City or by private individuals or organizations. The City may initiate temporary artworks or individuals and community organizations may request City consideration of community-initiated temporary art projects.

C. The Temporary Artwork Policy establishes criteria and guidelines for the consideration and installation of temporary artworks on City-owned property. These procedures are intended to ensure a consistent approach to placing art in the public realm.

2. Goals
A. To encourage the temporary placement of thought-provoking, innovative works of high artistic merit that connect people to place.

B. To contribute to Newark’s sense of identity and pride.

C. To build on Newark’s identity as a diverse community.

D. To engage artists in projects that stimulate and encourage community interaction.

E. To create pilot projects in potential locations for permanent artworks.

F. To provide opportunities for emerging and established artists.

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3. Definition
This policy applies wherever temporary artwork is proposed for placement on property owned or controlled by the City.

A. Temporary public art is defined as any art, including visual artworks, performances, projections, digital media, virtual reality, and other artistic media, that is not intended to be permanent and is not made a part of the permanent public art collection.

B. Temporary artwork has a predetermined lifetime ranging between a few hours to several years.

4. Public Art Project Types and Artwork Considerations
Temporary artworks are allowed on any City-owned property provided that the City is willing to allow the temporary placement of art.

A. Temporary art may include display of existing works of art as well as artworks and art experiences that may be created specifically for the site.

B. All approaches and media for public art shall be considered. These include sculpture, light, social practice/community art, performance, sound, projection art and other artistic media.

C. Physical artworks must be constructed to withstand outdoor placement during the City-designated display period.

D. Temporary artworks and experiences must not create a nuisance in the community where the artwork is proposed, especially when employing light or sound.

E. Artwork must not present any public safety hazards or violate City laws or codes.

F. Physical artwork selected for temporary placement may require stamped engineering drawings and have specific insurance requirements, and environmental review may be required.

G. All temporary artworks must be removed by the artist, who must restore the site to its original condition upon display completion.

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5. Procedures
A. Artist Selection Options
The Public Art Program staff may issue a Request for Proposals (RFP) to solicit artists to develop original project proposals or submit pre-existing artwork to be loaned to the City.

1. The Public Art Program may enter into a contract with the artist that includes the artist’s cost for design, fabrication, installation, maintenance, and de-installation of commissioned temporary artwork or pay a fee to the artist for the loan and maintenance of pre-existing artworks.

2. The City may contract for the services of guest curators or non-profit arts organizations to select and curate temporary artworks.
a. When a contracted arts organization or curator is recommended by the Public Art Committee to implement the temporary artworks, the Public Art Program staff must be represented in the artist selection process as well as on the project team that reviews design development and implementation. b. The Public Art Program staff shall employ a list of available web sites for soliciting proposals. The RFP or invitation typically shall indicate the available sites for art placement, the duration of the display, and the City’s requirements for insurance, liability, safety, etc.

B. Review and Approval
Projects proposed by individuals or arts organizations shall be evaluated by Public Art Program staff for compliance with City standards and requirements as well as consistency with the 2024 Public Art Master Plan and overall Public Art Program goals.

1. Review Panel
Public Art Program staff may convene a review panel to shortlist the proposals before forwarding them to the Public Art Committee for review and selection.

2. Criteria
a. Artists or commissioning organizations submitting artwork for consideration shall submit a proposal, including but limited to the following information:
• Artist’s resume.
• A minimum of two photographs of the work.
• A written narrative describing the artwork.

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• In the case of physical artworks, a description of the construction materials and methods of fabrication and anchoring details. • Estimated value of physical art.
• Asking price (if sales are allowed)
b. Selection criteria shall be defined in advance by the Public Art Program staff based on the goals articulated in the annual Public Art Workplan. In general, selection criteria shall include:
• Artistic merit.
• Appropriateness to site and goals articulated for the project. • Community engagement.
• Feasibility and durability.
• Hazard mitigation
• Compliance with City codes.

3. Approval
a. The Public Art Committee shall review and approve, deny, or suggest revisions to temporary artwork proposals.
b. Temporary and performance-based projects of less than 24-hour duration may be reviewed and approved at staff level.

6. Conditions
A. The City reserves the right to manage its own property including the removal of the artwork, for reasons that include, but are not limited to, artwork that poses a public safety risk, has been left on City property beyond the agreed terms, or is damaged beyond repair.

B. If an artwork is not completed within the timeline originally approved by the Public Art Committee, or if changes in content, materials, form, presentation, or financing of the artwork occur, the artwork may require review again by the Public Art staff and Public Art Committee.

C. In accepting a temporary artwork, the City requires that the responsible parties enter into an agreement for the duration of the display that outlines the maintenance responsibilities and agreement to remove the work at the agreed upon conclusion of the display, leaving the site in its original condition or better.

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D. Neither the Public Art Committee, nor the City, nor any of its agents, shall be held liable for any damage or state of disrepair of a temporary artwork.

7. Documentation
Artists shall assist Public Art Program staff in collecting and/or creating documentation that includes the following information:

A. Artist biographical summary.

B. Written narrative describing the artwork, including materials.

C. Photographs or other documentation of the installed work.

D. Mention and/or reviews of the artwork in local press.

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Appendix L

SAMPLE PUBLIC ART ORDINANCE
WHEREAS, for hundreds of years, the arts have reflected in differing ways the historical development, attitudes, and values of the society in which they were created. Works of art chronicle historical development, attitudes, and values of this City, both by comparison and contrast; and
WHEREAS, the arts are critical to the development of an urbanized society in which people live in close proximity to each other. Art enables individuals to reflect upon personal differences in beauty and expression. Works of art exemplify differences and similarities which exist among people living together as a society; and
WHEREAS, cultural and artistic resources preserve and enhance the quality of life for individuals living in, working in, and visiting the City; and WHEREAS, the arts create a focal point for physical gathering, discussion, sharing of common or diverse interests, and create an opportunity for personal reflection, all of which are viewed as beneficial to the health and welfare of the community; and
WHEREAS, the arts inspire civic pride amongst its residents, strengthens the City’s regional identity by enhancing public spaces, giving character to neighborhoods and business districts, and providing numerous opportunities for people to experience the arts; and
WHEREAS, the City of Newark is dedicated to supporting, promoting, and protecting community interest and diversity in art, culture, and creative expression; and
WHEREAS, the City Council desires to establish a public art requirement for specified public and private development projects; and
WHEREAS, the City Council desires to establish payment of a public art fee requirement for any new commercial, industrial, or residential development requiring a building permit from the City into a public art fund to be used to further the purposes of the public art program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWARK DOES HEREBY ORDAIN AS FOLLOWS.

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SECTION 1. Amendments to the Municipal Code
Chapter XX is hereby added to XX of the Newark Municipal Code to read as follows:

1. Definitions.

2. Public Art Requirement.

3. Exceptions and Waivers.

4. Use of public art fund.

5. Administration.

1. Definitions.

For the purpose of this chapter, the following words and phrases are defined as follows:

A. “Annual Public Art Workplan” means a document developed or reviewed annually by the Newark Public Art Committee with project and funding recommendations that shall be presented to the City Manager and City Council.

B. “Artist” means a practitioner of the creative arts, generally recognized as such by critics and peers, with a body of work that may include commissions, exhibitions, sales, publications, and collections. For the purposes of this Chapter, “artist” shall not include:
(j) persons primarily working in the professional fields of architecture, engineering, design or landscaping; (ii) an employee or relative of the development project architect, landscape architect, engineer or project manager; (iii) any person with a business interest in a development project or with respect to individuals or entities serving as project architects, landscape architects, engineers or project managers; or (iv) a relative of or anyone with a financial interest with respect to an individual or entity serving on an art selection panel for the development project.

C. “Building Permit Valuation” means those construction costs as declared on all building permit applications for new construction but shall not apply to costs solely attributable to tenant improvements. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.

D. “Capital Improvement Plan Project (CIP)” means 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 some major equipment replacement purchases.

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E. “Maintenance” means those activities required to conserve, repair, or preserve the integrity of the artwork and setting within which the artwork is located. Routine maintenance means the basic day-to-day care of the artwork.

F. “Nonprofit agency” means a corporation organized under Internal Revenue Code Section 501(c)(3), in good standing with the California Department of Corporations and in compliance with all federal, state, and local licensing, reporting, and tax requirements.

G. “Public Art” means artwork created by an Artist located in a public place on private property, or on land or in a building owned by the City, and encompasses all cultures through the broadest possible range of expression, media, and materials and that may be permanent, fixed, temporary or portable; and may be an integral part of a building, facility, structure, or landscape. These may include but are not limited to:

1. Media: Paintings, ceramics, light, sound, electronic, video, media-based, time-based, and web-based.

2. Style: Functional, realistic, abstract, community-based, and process-oriented; permanent and temporary. The artwork can include artistic elements of the overall architecture or landscape design if created by an Artist.

3. Genre: Fine art, craft, folk art, performance art. For reference, performance art is an art form in which a performance is presented within a fine art context, usually in collaboration with other interdisciplinary artists. The performance may be live or via media and the performer may be present or absent.

H. “Public Art Committee” means the City of Newark Committee that advises the City Council on public art policies, procedures, and expenditures from the Public Art Fund.

I. “Public Art Fund” means a separate account into which all monies generated under this policy, derived from gifts or donations for public art, shall be deposited.

J. “Public Art Policy Guidelines” means the document adopted by the Public Art Committee that includes standards and procedures for the implementation and administration of public art in accordance with this ordinance.

K. “Public Art Project” means the cost for the administration, development, acquisition, and installation of the public art CIP projects required by this chapter.

L. “Private Development Project” means any commercial, industrial, and residential private sector development that requires the issuance of a building permit by the City of Newark.

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M. “Public Place” means an area on public property that is freely accessible to and available for use by the general public during normal hours of business operation consistent with the operation and use of the premises, including but not limited to lobbies, meeting spaces, sidewalks, and crosswalks.

2. Public Art Requirement.

A. Municipal Capital Improvement Plan Projects

1. For all Capital Improvement Plan (CIP) projects not specified under the exceptions below, the City shall provide not less than one percent (1%) of CIP project construction costs for projects of $250,000 or more for acquisition and installation of public art on the project site.

2. The City Manager or designee, prior to the release of the proposed CIP budget, shall review the list of identified projects. Where the eligibility of the CIP project is uncertain, the City Manager or their designee shall make the final determination.

3. Nothing is intended to prohibit the City Manager, in conjunction with the submission of the annual capital budgets of the City and subject to the approval of the City Council, from designating additional funds, subject to applicable restrictions, to be utilized for public art.

4. Appropriations for purposes of acquiring public art to carry out the provisions of this ordinance shall comply with applicable funding source requirements. If the source of funding or other applicable law or regulation with respect to any project prohibits or restricts the use of funds for public art, the amount of funds so prohibited or restricted shall be excluded in determining the 1%.

5. Each year in adopting the City’s annual CIP budget, the City Council shall approve the appropriation of 1% of eligible construction project costs to be set aside and identified as funds to be appropriated and expended for acquisition or commissioning of public art.

6. Implementation of this Ordinance shall be the responsibility of the Public Art Program staff or by contracting the services of a professional public art consultant.

7. Public Art Program staff shall have the authority to pool funds and may propose funds for use at a current CIP site or any other City-owned publicly accessible site.

8. The Public Art Committee shall approve or deny the selection of artists, the commissioning of public art, and/or the purchase of artwork in accordance with the Public Art Policy Guidelines and shall make recommendations to the City Council for approval of the commissioning of public art and/or the purchase of artwork to be located on municipal property in accordance with the Public Art Policy Guidelines defined in this Ordinance.

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9. Routine maintenance of public art shall be performed by and costs borne by the XX Department, consistent with the specifications as defined by the artist and provided by Public Art Program staff. When routine maintenance costs exceed the resources of the XX Department, the Public Art Committee may recommend the expenditure of Public Art Fund reserves to support the cost of supplies and labor to perform routine maintenance.

B. Private Development Projects.

1. The owner of a development project for a commercial, industrial, or residential building shall be required to pay a public art fee in accordance with the requirements of this section.

2. The Community Development Department shall collect a public art fee in the amount equal to .5% of the building permit valuation before issuance of a building permit.

3. The public art fee shall be deposited into the Public Art Fund and may be used for the purposes stated in Section XX of this Chapter.

3. Exceptions and Waivers.

The requirements of this chapter shall not apply to the following activities:

A. ADA Compliance Projects (not including projects where ADA compliance is a portion of a larger project).

B. Road, path, and sidewalk repairs, including traffic signals and upgrades, curb and gutter repairs, sign reflectivity, road and parking signage, resurfacing of roads or other existing hardscape areas.

C. Emergency repair projects.

D. Cyclical replacement and repair of trails, outdoor furnishings, or fencing.

E. Studies and plans.

F. Roof replacement
G. Mechanical, security, A/V equipment, HVAC, and IT installations, upgrades and repairs.

H. Utilities projects unless there is a building construction or reconstruction involved.

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I. Vehicle repair and replacement.

J. Seismic upgrades and waterproofing.

K. Projects where the majority of the cost is allocated to elements located underground.

L. Projects where prohibited by federal law, including projects or portions of projects funded by grants from non-City sources that prohibit expenditure of funds for art.

4. Use of Public Fund.

A. There is hereby created a public art fund to account for the public art fee and any and all other revenues appropriated or received for public art and arts and cultural programs, including gifts, grants, and donations made to the City for the purposes of this Ordinance. The public art fund shall be self-perpetuating from year to year. The revenues in such fund shall be used solely for:

1. The acquisition, commission, design, installation, production, presentation, performance, maintenance, and of public art and arts and cultural programs identified by Section 2. Public Art Requirement of this Ordinance.

2. No more than twenty percent (20%) of the annual Public Art Fund shall be used for all necessary and reasonable administrative costs incurred in connection with Public Art Program staff or consultant supervision of the Public Art Program and the expenditure of all funds appropriated for public art.

3. Other expenses associated with the implementation and administration of the Public Art Program.

4. Further the purposes of public art as defined in this chapter.

B. All fees collected under this chapter shall be maintained, managed, and reviewed by the City Manager or designee. The City Manager shall present annually to the City Council for approval an Annual Public Art Workplan that recommends the use of Public Art Fund monies consistent with the purpose of this section including the administrative costs of the Public Art Program annually, staff support and related expenses; curatorial services; documentation; publicity, community education, and any other services or programs in accordance with the intent of this chapter.

C. Included and Excluded Appropriations and Expenses

1. Included appropriations and expenditures for public art include:
a. Acquisition of public art through direct purchase or through the design, fabrication, transportation, installation, and presentation of public art.

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b. Temporary stages, arenas, and other devices for performance. c. Artist fees and expenses.
d. Supplies and materials.
e. Costs for insurance, identification plaques, project management by an independent public art consultant, and other reasonable expenses associated with the planning, development, and completion of public art. f. Other related expenses approved by the Public Art Committee.

2. Excluded appropriations and expenditures for public art include:
a. Reproductions, by mechanical or other means of original artwork, except in cases of film, video, photography, printmaking, theater, or other media arts. b. Decorative, ornamental, architectural, or functional elements that are designed by the project architect or other design consultants engaged by the architect as opposed to an artist commissioned for this purpose.
c. Landscape architecture, gardening, or materials generally considered to be components of the landscape designed by the project architect, landscape architect or other design professional engaged by the architect as opposed to an artist commissioned for this purpose.
d. Art objects that are mass produced (excluding artist-created, signed limited-edition works), ordered from a catalog, or of a standard design, such as playground sculpture or fountains.
e. Directional or other functional elements such as signage, supergraphics, color coding, or maps that are designed by architect, landscape architect or other design professional engaged by the primary designer.
f. Utility costs and expenses related to the ongoing operation of the artwork such as electrical, water, or mechanical service required to activate the work; and g. Services, utilities, and other ongoing operating expenses for maintenance of public art or cultural programming.

5. Public Art Committee.

A. The Public Art Committee shall consist of a minimum of five (5) and not more than 9 (nine) members appointed by the Mayor and confirmed by the City Council.

B. Public Art Committee members shall have professional credentials and work experience as exhibiting and performing artists in the visual and media arts, contemporary museum and gallery art curators, museum directors, arts management Packet Page 302
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professionals, arts educators, design professionals such as architects, landscape architects, and urban planners. At least three (3) of the nine voting members shall be professional artists and at least one (1) of the nine voting members shall be design professionals.

C. The powers and duties of the Public Art Committee shall be as follows:

1. Establish and approve the Public Art Program mission and curatorial and programmatic goals, policies, and guidelines.

2. Develop an Annual Public Art Workplan that charts current and future public art projects and arts and culture programming and determines resources and funding priorities.

3. Make recommendations to the City Council on the expenditure of funds in the Public Art Fund.

4. Make recommendations to the City Council and City Manager concerning the resources and needs of the community on the subject of the arts and opportunities for participation of artists.

5. Review and make recommendations to the City Council concerning the removal, relocation or alteration of existing public art or items of cultural significance in the possession of the City in accordance with the deaccession policy.

6. Review and make recommendations to the City Council concerning gifts and loans of artwork to the City in accordance with the gifts and donation of art policy.

7. Explore methods of obtaining private, local, state and federal funds to promote art and other cultural projects within the city and make recommendations to the council on applying for such grants and funds.

8. Encourage public and private partnerships to assure the survival of the arts and artists in the City.

9. Serve as the key advocacy body for the Public Art Program and participate in community outreach activities and events.

10. Adopt rules, regulations, and procedures for the chairperson and conduct of its meetings.

11. Exercise such other and incidental powers not inconsistent with law, necessary to carry out its functions.

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6. City Council role and responsibilities.

A. Approve the City of Newark Public Art Master Plan.

B. Approve the annual Public Art Workplan as part of the City’s annual budget adoption process, which outlines the projects and expenses the Public Art Program will undertake each year.

C. Approve annual Capital Improvement Program allocations for public art, as outlined in this Ordinance.

D. Approve annual operating allocations for the Public Art Program as part of the City’s annual budget process, including necessary funding for staffing the Public Art Program and maintenance of public art with a relief of twenty percent (20%) for allowable costs from the Public Art Fund as indicated in this Ordinance.

E. Make final determinations on Public Art Committee recommendations regarding the commissioning and acquisition of public art on City property in compliance with the City’s purchasing policy.

F. Make final determinations on Public Art Committee recommendations regarding deaccession of artwork, acceptance of artwork gifts and loans, and proposals for memorials and murals on City property, in accordance with each respective policy.

7. Public Art Policy Guidelines.

Guidelines for the implementation and administration of public art shall be adopted by the Public Art Committee. Any major changes to the Public Art Policy Guidelines after adoption shall be submitted to the Public Art Committee for review and consensus.

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Appendix M

SAMPLE LANGUAGE FOR INCLUSION IN RFP/RFQ

FOR PRIME CONTRACTOR
The lead designer will participate in the City of Newark’s process for commissioning project artists and assist with the successful integration of their artworks into the architectural design. The contract agreement with the City will require the lead designer to work with the City and all project artists to ensure that art is an integral component of the building project.

The artist selection and approval process must be integrated into the overall project schedule to afford the opportunity for a successful collaboration between the project artist and contractor. The City’s policies and procedures will be included in the contractor contract agreement so that the lead designer and contractor will be aware of their responsibilities throughout the public art process and can budget accordingly.

While most of the selection process is handled by City staff and/or designated public art consultant, members of the contractor project team play an important role. In addition, the lead designer is substantially involved in the integration of art into the architectural design and must personally participate on the artist selection panel.

Once the contract with the lead designer is awarded by the City, the City staff and/ or designated public art consultant will schedule an introductory meeting with the lead designer and contractor. This meeting will occur early in the project schedule before the lead designer and contractor have produced a design concept for the project.

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Appendix N

FIVE-YEAR IMPLEMENTATION GRID
NOTE: Although categorized, there are projects
listed below that are applicable under more than
one heading. PAF = Public Art Fund. PAC = Public
Art Committee
Denotes continuous years.

CATEGORY PROJECT LOCATION

CURRENT
PAF : EST

PROJECT
COST
OTHER

FUNDING

SOURCES

IMMEDIATE
SHORT
TERM
1-3
YEARS
MIDTERM
3-5
YEARS
LONG
TERM
5-10
YEARS
CIP
Central
Overpass $400,000 CIP
Old Town
Streetscape CIP
GATEWAY Old Town
Streetscape CIP

NEIGHBORHOODS
Utility Boxes City-wide $40,000
First Year
PAC
Members
Murals
Grants to
Community
Organizations
$50,000
per year
General
Fund

LOCAL ARTISTS
Meet & Greet
(2x Per Year)
PAC
Members
Changing
Exhibits City Hall
Artist
Directory City Website
ADMIN
Establish
Public Art
Committee

ADMINISTRATION
Project
Management
(outsourced)
$100,000
Per Year
General
Fund

GATEWAY
Thornton
Avenue at
Nimitz
Freeway
$500,000
Mowry
Avenue at
Nimitz
Freeway
Near
NewPark
Mall
$500,000
Developer
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CATEGORY PROJECT LOCATION

CURRENT
PAF : EST

PROJECT
COST
OTHER

FUNDING

SOURCES

IMMEDIATE
SHORT
TERM
1-3
YEARS
MIDTERM
3-5
YEARS
LONG
TERM
5-10
YEARS
NEIGHBORHOODS Trash
Receptacles Parks $35,000 MeasureD

TEMPORARY
Yarn
Storming Parks $5,000Per Year
Vacant
Storefronts
Shopping
Malls
$13,000
Per Year
Property
Owners
HISTORY Permanent
Artwork City Hall

LOCAL ARTISTS
Artists in
Residence
(2 Per Year)
Community
Center
Senior Center
Annual Open
Studios Event
$5,000 -
$10,000 Per
Year
General
Fund
Artists Booths
at Annual
Events
Parks
Workshops,
Webinars,
Lectures, etc.

TEMPORARY
Newark
Library
During
Scheduled
Events
Civic Center
During
Scheduled
Events
HISTORY Oral Histories
by Students
Newark
Library
NATURE
Windgenerated
Kinetic Art
Parks
Geography
& Cargill Salt
Ponds
City Hall Developer

PUBLIC EDUCATION
Walks, Tours
Smartphone
App
Coloring Book
TOTAL PAF: $2,000,000
Denotes continuous years.

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City of Newark
Public Art
Master Plan
Update
1 City Council
June 13, 2024
Gail M. Goldman
Associates with Art Builds
Community
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VISION
All residents and visitors in Newark experience public art as part of their daily lives and throughout all neighborhoods, celebrating the city’s history, people, natural environment, and culture. 2 • Use public art to set Newark apart from surrounding communities. • Locate high quality art throughout Newark, ensuring that it is fully accessible to the public.
• Support and increase the visibility of local artists and creative entrepreneurs. • Promote the implementation of the Public Art Master Plan. • Ensure that the Public Art Fund has sufficient dollars to support public art and other arts initiatives.

RECURRING THEMES
Teen Focus Group participant.

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November 9, 2023 City Council Input Addressed
• Commitment to high quality artwork to survive generations. • In first year, coordinate changing exhibitions in City Hall and Library.
• Include exhibition of local artists during Newark Days. • Students create art for utility boxes outside their respective schools. • Identify walls for murals.
• Add TOT as potential funding source.
• Add corporate “donation request” for stores such as Home Depot, Target, Costco, etc. as potential funding source.

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• Administration
Establish Public Art Committee
• C I P (in progress)
Old Town Streetscape
Central Avenue Overpass
• Neighborhoods
Utility Boxes and Murals
• Local Artists
Meet & Greet
Artist Directory
Changing Exhibitions in City Hall

LIBRARY BOLLARDS
Whimsy and Wise,
Brad Oldham,
Palo Alto
4 LOCAL HISTORY
Portrait of Lawson McGhee,
John Kelley, Knoxville

TRASH RECEPTICLE
Traceries,
Mary Bates Neubauer,
Scottsdale
FINAL DRAFT:

IMMEDIATE ACTION
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Item F. 2.

DATE 06/13/2024
TO Honorable Mayor and City Council Members
FROM Brett Oeverndiek, Management Analyst II
SUBJECT Adopt resolutions for approval of Annual Engineer's Reports, intention to levy and collect assessments and setting a public hearing for July 11, 2024, for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 for Fiscal Year 2025 in accordance with the provisions of the Landscaping and Lighting Act of 1972; and initiate dissolution proceedings for Landscaping and Lighting Distrcit Nos. 6, 10 and 13.

SUMMARY AND RECOMMENDATION
The City of Newark previously completed all necessary proceedings to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (collectively "Districts") to fund ongoing landscaping and lighting maintenance and improvements at various locations. For each upcoming fiscal year, it is necessary for the City Council to initiate proceedings for the levy and collection of assessments for the Districts, approve the Annual Engineer's Reports which detail the assessments for each of the Districts, and conduct a public hearing. The City Council adopted Resolution No. 11631 on April 11, 2024, to initiate proceedings to provide for the levy of assessments for Fiscal Year 2025 and to direct the City Engineer to prepare and file the Annual Engineer's Reports with the City Clerk. The Annual Engineer's Reports have been prepared and filed for City Council's consideration.

Staff recommends that the City Council: (1) by resolution, approve the Annual Engineer’s Reports; and, (2) by resolution, declare an intention to levy and collect assessments and set the date for the annual public hearing for July 11, 2024, for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 for Fiscal Year 2025 in accordance with the provisions of the Landscaping and Lighting Act of 1972. In addition, the City does not maintain any improvements corresponding to Landscaping and Lighting District Nos. 6, 10 and 13 and does not levy assessments for these Districts. Therefore, City staff is recommending City Council initiate dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13 by adoption of the attached Resolution of Intention pursuant to Section 22610 of the Act.

BACKGROUND
The City Council previously established the Districts to provide for the annual operation Packet Page 312
The City Council previously established the Districts to provide for the annual operation and maintenance of certain landscaping and lighting improvements benefiting property within the Districts as summarized below.

Landscaping and Lighting District No. 1: Central Avenue between Filbert Street and Willow Street - Provides for the maintenance of median landscaping on Central Avenue between Filbert Street and Willow Street and buffer landscaping adjacent to the Alameda County Flood Control channel immediately west of Filbert Street, and for the maintenance and operation of median streetlights along this portion of Central Avenue.

Landscaping and Lighting District No. 2: Jarvis Avenue and Newark Boulevard adjacent to Dumbarton Technology Park and Four Corners shopping centers – Provides for the maintenance of Jarvis Avenue and Newark Boulevard median island and in-tract buffer landscaping and landscape irrigation systems adjacent to and within the boundaries of Tract 5232, the Dumbarton Industrial Park, and the Four Corners shopping centers.

Landscaping and Lighting District No. 4: Stevenson Boulevard and Cherry Street adjacent to New Technology Park - Provides for the maintenance of Stevenson Boulevard median island landscaping from the Nimitz Freeway to the railroad tracks west of Cherry Street and maintenance of median islands and up to 50 feet of greenbelt landscaping adjacent to Cherry Street and the interior loop streets within the boundaries of Stevenson Point Technology Park, the maintenance of landscaping across from the Newark Unified School District property on Cherry Street, and the street lighting maintenance, trash capture device maintenance, and neighborhood park maintenance related to Benefit Zone No. 2 (Sanctuary).

Landscaping and Lighting District No. 6: Cedar Boulevard and Duffel Redevelopment Area No. 2 – Authorized to provide for the maintenance of all street landscaping within the public right-of-way, and landscaping and landscape irrigation systems within easement areas and developed properties in Redevelopment Area No. 2 at Cedar Boulevard and Stevenson Boulevard, plus the Stevenson Station Shopping Center.

The district is inactive at this time because all the improvements are either privately maintained or are maintained through the Public Works operating budget to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.

Landscaping and Lighting District No. 7: Newark Boulevard and Rosemont Square Shopping Center – Provides for the maintenance of buffer landscaping and the landscape irrigation system within the public right-of-way and easement areas for Rosemont Square Shopping Center.

Landscaping and Lighting District No. 10: Various locations throughout the City – Authorized to provide for the maintenance of street lighting, landscaping and landscape irrigation systems within public right-of-way and easement areas located throughout the City. A benefit zone has been established for each maintenance area. All benefit zones are inactive at this time because the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the applicable benefit zone may be activated, so funding is available for the City to Packet Page 313
maintain the improvements.

Landscaping and Lighting District No. 11: Edgewater Drive - Provides for the maintenance of landscaped medians on Edgewater Drive.

Landscaping and Lighting District No. 13: Citation Homes and Bren developments on Thornton Avenue – Authorized to provide for maintenance of the landscaping and irrigation systems for Thornton Avenue, Cedar Boulevard, Willow Street, and other streets within these subdivisions. This district was relieved from the responsibility for maintenance of median landscaping on Thornton Avenue in May 1997. The district is inactive at this time because all the improvements are privately maintained to City standards. Should the improvements not be maintained to City standards, the district may be activated, so funding is available for the City to maintain the improvements.

Landscaping and Lighting District No. 15: Robertson Avenue at Iris Court - Provides for the maintenance of the landscaping and irrigation systems on Robertson Avenue at Iris Court.

Landscaping and Lighting District No. 16: Kiote Drive in Tract 6671 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way and adjacent easement along the street frontage of Kiote Drive in Tract 6671, along with the landscaping, irrigation system, recreation facilities associated with the mini-park common area and any related appurtenant improvements.

Landscaping and Lighting District No. 17: Newark Boulevard and Mayhews Landing Road in Tract 7004 – Provides for the maintenance of landscaping and the landscape irrigation system within the public right-of-way of the Newark Boulevard and Mayhews Landing Road frontages of Tract 7004.

Landscaping and Lighting District No. 18: Cedar Boulevard along the frontage of Tract 8130 – Provides for the maintenance of landscaping and the landscape irrigation system within the Cedar Boulevard median area along the frontage of Tract 8130 between Central Avenue and Smith Avenue.

Landscaping and Lighting District No. 19: Willow Street and Enterprise Drive in the Bayside Newark Transit Oriented Development – Provides for the maintenance of landscaping and the landscape irrigation system within the Willow Street and Enterprise Drive medians and traffic circles, maintenance of public street lighting systems, and maintenance of other improvements related to each benefit zone associated with the Bayside Newark Transit Oriented Development.

Pursuant to Section 22620 of the Landscaping and Lighting Act of 1972, the City Council, with Resolution No. 11631 adopted on April 11, 2024, initiated proceedings to provide for the levy of assessments for Fiscal Year 2025 in order to provide for the necessary costs and expenses pertaining to the maintenance of improvements within these districts and directed the City Engineer to prepare and file the Annual Engineer's Reports for each District with the City Clerk.

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DISCUSSION/ANALYSIS
The Annual Engineer's Reports for all Districts have been filed with the City Clerk as directed. There are no new improvements or substantial changes to existing improvements associated with the Districts for Fiscal Year 2025. City staff is recommending Fiscal Year 2025 assessments for the Districts be levied in alignment with recent years at or below the respective authorized maximum rates to pay for operation and maintenance of landscaping and lighting improvements.

For Landscaping and Lighting District Nos. 1, 2, 4 (Benefit Zone 1), 7, 11, 15, 16, 17, and 18, the authorized maximum assessment rates are recommended to be levied for Fiscal Year 2025. For Landscaping and Lighting District Nos. 4 (Benefit Zone No. 2) and 19 (All Benefit Zones), assessment rates below the authorized maximum are proposed to be levied for Fiscal Year 2025.

The City does not levy assessments within Landscaping and Lighting District Nos. 6, 10 and 13 because their respective improvements are either privately maintained or are maintained through the Public Works operating budget to City standards, and therefore, City staff recommends initiating dissolution proceedings for these Districts. Pursuant to Section 22610 of the Act, the City may initiate dissolution proceedings by adoption of a Resolution of Intention.

Upon conclusion of the annual public hearings, the assessments for the cost of the work would be added to the tax bills for those property owners included within the boundaries of active districts. Excess funds, or funds collected for which work was not completed, can be carried over from one year to the next.

FISCAL IMPACT
If assessments for the Districts are not levied, there would be a total revenue loss of approximately $396,900 for Fiscal Year 2025 to fund the annual operation and maintenance of certain landscaping and lighting improvements benefiting property within the Districts.

REVIEW AND APPROVAL
Prepared by - Brett Oeverndiek, Management Analyst II
Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution - Approving Engineer's Reports
Resolution - Intention to Levy and Dissolve
L&L No. 1
L&L No. 2
L&L No. 4
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L&L No. 7
L&L No. 11
L&L No. 15
L&L No. 16
L&L No. 17
L&L No. 18
L&L No. 19
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE ANNUAL ENGINEER’S

REPORTS FOR LANDSCAPING AND LIGHTING DISTRICT
NOS. 1, 2, 4, 7, 11, 15, 16, 17, 18 AND 19, FOR FISCAL YEAR 2025 IN ACCORDANCE WITH THE PROVISIONS OF THE
LANDSCAPE AND LIGHTING ACT OF 1972
WHEREAS, the City Council of the City of Newark previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (the “Act”) to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (the “Districts”) in order to fund ongoing maintenance and improvements authorized under the Act; and WHEREAS, there are no new proposed improvements or any substantial changes to existing improvements in the Districts; and
WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Districts; and
WHEREAS, the City designates the City Engineer to prepare and file reports in accordance with Section 22565, et seq., of the Act (the “Annual Engineer’s Reports”); and WHEREAS, pursuant to Section 22622 of the Act, the City Council, with Resolution No. 11631 adopted on April 11, 2024, initiated proceedings to provide for the levy of assessments for Fiscal Year 2025 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements within the Districts and ordered the City Engineer to prepare and file with the City Clerk the Annual Engineer’s Reports; and WHEREAS, the City does not levy assessments within Landscaping and Lighting District Nos. 6, 10 and 13 because their respective improvements are either privately maintained or are maintained through the Public Works operating budget to City standards; and WHEREAS, the City will initiate dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13 by the adoption of the Resolution of Intention pursuant to Section 22610 of the Act and therefore no Annual Engineer’s Reports for Landscaping and Lighting District Nos. 6, 10 and 13 have been submitted to the City Clerk for Fiscal Year 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Annual Engineer’s Reports for Fiscal Year 2025 submitted to the City Clerk pursuant to City Council Resolution No. 11631 are hereby approved as filed.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK DECLARING INTENTION TO LEVY AND

COLLECT ASSESSMENTS FOR LANDSCAPING AND
LIGHTING DISTRICT NOS. 1, 2, 4, 7, 11, 15, 16, 17, 18 AND 19 FOR FISCAL YEAR 2025; INITIATE DISSOLUTION

PROCEEDINGS FOR LANDSCAPING AND LIGHTING
DISTRICT NOS. 6, 10 AND 13; AND SETTING THE ANNUAL
PUBLIC HEARING DATE FOR JULY 11, 2024 IN

ACCORDANCE WITH THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council of the City of Newark previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (the “Act”) to establish Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (the “Districts”) in order to fund ongoing maintenance and improvements authorized under the Act; and WHEREAS, there are no new proposed improvements or any substantial changes to existing improvements in the Districts; and
WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Districts; and
WHEREAS, the City designates the City Engineer to prepare and file reports in accordance with Section 22565, et seq., of the Act (the “Annual Engineer’s Reports”); and WHEREAS, pursuant to Section 22622 of the Act, the City Council, with Resolution No. 11631 adopted on April 11, 2024, initiated proceedings to provide for the levy of assessments for Fiscal Year 2025 in order to provide for the necessary costs and expenses pertaining to the maintenance of the improvements benefiting the Districts and ordered the City Engineer to prepare and file with the City Clerk the Annual Engineer’s Reports; and WHEREAS, the City does not levy assessments within Landscaping and Lighting District Nos. 6, 10 and 13 because their respective improvements are privately maintained to City standards; and
WHEREAS, the City may initiate dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13 by the adoption of the Resolution of Intention pursuant to Section 22610 of the Act.

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

1.The City Council intends to levy and collect assessments within Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 and initiates dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13 for Fiscal Year 2025.

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2 2.The improvements to be made in these assessment districts are generally described as follows:

Landscaping and Lighting District No. 11: Edgewater Drive - Provides for the maintenance of landscaped medians on Edgewater Drive.

Landscaping and Lighting District No. 15: Robertson Avenue at Iris Court - Provides for the maintenance of the landscaping and irrigation systems on Robertson Avenue at Iris Court.

Landscaping and Lighting District No. 16: Kiote Drive in Tract 6671 – Provides for the maintenance of landscaping and the landscape irrigation system within the public rightof-way and adjacent easement along the street frontage of Kiote Drive in Tract 6671, along with the landscaping, irrigation system, recreation facilities associated with the mini-park common area and any related appurtenant improvements.

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3 Landscaping and Lighting District No. 18: Cedar Boulevard along the frontage of Tract 8130 – Provides for the maintenance of landscaping and the landscape irrigation system within the Cedar Boulevard median area along the frontage of Tract 8130 between Central Avenue and Smith Avenue.

3.City staff is recommending Fiscal Year 2025 assessments for Landscaping and Lighting District No. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 to be levied at or below the respective authorized maximum rates to pay for operation and maintenance of landscaping and lighting improvements.

4.In accordance with City Council Resolution No. 11631 directing the filing of the Annual Engineer’s Reports, the City Engineer, Engineer of Work, has filed with the City Clerk the Annual Engineer’s Reports required by the Act. All interested persons are referred to the Annual Engineer’s Reports for a full and detailed description of the improvements, the boundaries of the Districts, and the proposed assessments upon assessable lots and parcels of land within the Districts.

5.On Thursday, the 11th of July, 2024, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing on the question of levy and collection of the proposed annual assessments. The hearing will be held at the meeting place of the City Council located in the City Administration Building, 37101 Newark Boulevard, Newark, California.

6.The City Clerk is authorized and directed to give the notice of hearing as required by the Landscaping and Lighting Act of 1972.

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Landscaping and Lighting District No. 1
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 1 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E – Assessment Roll ................................................... 15 Packet Page 322
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 1 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 1
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: May 14, 2024 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 1 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 1 (“District”) to maintain public improvements.

The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscaping and median-island streetlight improvements benefiting parcels within the boundaries of the District.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

The District generally consists of those properties both fronting and adjacent to Central Avenue and between Filbert Street to the east and Willow Street to the west. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(b) exempted:
“Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Subsequent increases in such assessment shall be subject to the procedures and approval process set forth in Section 4.” The City determined that the annual assessments originally established for the District were established by a petition signed by the persons owning all the parcels subject to the assessment at the time the assessment was originally proposed. As such, pursuant to Article XIIID Section 5(b), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218. Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 1 INTRODUCTION
2 Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2024-25 assessments to be levied upon each assessable lot or parcel within the District.

The City will hold a Public Hearing on July 11, 2024, regarding this District which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the assessment rates as originally proposed or as modified.

Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 1
FISCAL YEAR 2024-25
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11631, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 11, 2024, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Newark and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2024-25, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Newark.

The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: DESCRIPTION OF ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
IMPROVEMENTS AND SERVICES PURSUANT TO THE 1972 ACT
The improvements and services authorized by the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the “1972 Act”), that may be applicable to this District and associated assessments may include one or more of the following definitions:
• “Improvement” means one or any combination of the following:
o The installation or planting of landscaping.
o The installation or construction of statuary, fountains, and other ornamental structures and facilities.
o The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
o The installation or construction of any facilities which are appurtenant to any of the forgoing, or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. o The installation of park or recreational improvements, including, but not limited to all the following:
 Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.  Lights, playground equipment, play courts, and public restrooms. o The maintenance or servicing, or both, of any of the forgoing, and of any improvements authorized below.
o The acquisition of land for park, recreational, or open space purposes. o The acquisition of any existing improvement otherwise authorized herein. o The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 1 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:

The maintenance and operation of median-island and buffer landscaping and the landscape irrigation system and median-island lighting located on Central Avenue between Filbert Street and Willow Street. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ESTIMATE OF COSTS 8 PART B

ESTIMATE OF COSTS
The 1972 Act requires that a special fund be set up for the collection of revenues and expenditures of the District. The Act provides that the total cost of construction, operation, and maintenance and servicing of the public improvements specified in Part A of this Report can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included.

The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.

The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2024-25.

Projected Revenues
Assessment Revenue $41,547
Non-Assessment Revenues1 $3,337
Total Projected Revenues $44,884
Projected Expenses
Contract Services2 $139,149
Utilities $5,000
Administration and Incidentals $24,383
County Collection Fees $706
Unforeseen Maintenance and Repairs3 $8,462
Total Projected Expenses $177,701
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $222,490
Reserve Fund Collection Increase/(Decrease) ($132,816)
Ending Fund Balance - June 30, 2025 $89,673
Recommended Operating Reserves $84,619
Available Operating Reserves $84,619
Available Capital Reserves $5,054 1
Non-Assessment Revenue includes interest earnings estimated at 1.5% of Projected Beginning Fund Balance and any other non-assessment revenue sources. 2 Includes $120,00 for Plant & Tree Replacement, Grading, Irrigation & Pop-Up Replacement, Irrigation Retrofit, and Re-mulch projects.
3 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 1
Fiscal Year 2024-25 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

The Recommended Operating Reserve target is fifty percent (50%) of the projected expenditures. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ASSESSMENT DIAGRAM 10 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page.

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CENTRAL AV

WILLOW ST

ENTERPRISE DR

FILBERT ST

BACK BAY RD

BAY CREST RD

WELLS AV

MORTON AV

PERRIN AV

CABOT CT

SPRING TIDE RD

MARINE WY

BREAKERS RD

SEAWIND WY

ALEPPO DR

BLUFF WY

BAYPORT WY

BLUETIDE WY

COMPASS WY

JETTY WY

BAYSHORES AV

PENINSULA WY

CENTRAL CT

SANDY COVE WY

DUNES WY

PORTSIDE WY

ENTERPRISE CT

LATITUDES LN

BLUE ANCHOR WY

ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING DISTRICT NO. 1
Legend
LLD No. 1 Boundary
Parcels ± 0 750 1,500
Feet
(CENTRAL AVENUE)
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 12 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
This section explains the benefits to be derived from the improvements and the methodology used to apportion the total costs of the improvements to properties within the District.

The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.

The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.

General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, the 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Discussion of Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District was established.

The District consists of all Assessor Parcels within the boundaries of the District. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services to the properties within the boundaries of the District. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 13 In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
o Well-lit medians contribute to property visibility, especially during nighttime, benefiting businesses or properties seeking attention and attracting customers. It also adds to the visual appeal, attractiveness, and inviting nature of the area.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. o Well-maintained and well-lit medians can have a positive impact on property values in the surrounding area. Adequate lighting is seen as a desirable feature, making properties more appealing to potential buyers or tenants. • Safety:
o Median and buffer landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
o Well-lit medians contribute to improved safety for both motorists and pedestrians traveling to and from properties within the District. Adequate lighting enhances visibility, reducing the risk of accidents and improving overall traffic safety. It also facilitates easier access to adjacent properties. • Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 1 METHOD OF APPORTIONMENT 14 These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping and lighting that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services. The City and Engineer of Work at the time of District formation determined that each property’s linear foot of frontage along Willow Avenue receives a similar benefit from the improvements.

Therefore, it was determined that the most appropriate method of apportioning costs was to assess properties based on a front footage basis for all parcels fronting Central Avenue between Filbert Street and Willow Street. This methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.

In Fiscal Year 2024-25, the City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $6.01 per linear foot of frontage to be levied. A listing of each assessable parcel and their proposed Fiscal Year 2024-25 assessment is on the Assessment Roll in Part E of this Report.

Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightsof-ways, public greenbelts, and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City.

These types of parcels do not benefit from the improvements.

Appeals and Interpretations
Any property owner who feels the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with the City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.

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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 1 ASSESSMENT ROLL 15 PART E

ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Alameda County Assessor, which by reference is hereby made a part of this Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for Fiscal Year 2024-25 apportioned to each parcel. The Assessment Roll is on file in the Public Works Department of the City and is included in this Report beginning on the next page.

The total proposed assessment for Fiscal Year 2024-25 is $41,547.08.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 1

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092 -0116-035-03 $2,091.48
092 -0116-048-00 $4,303.16
092 -0116-049-00 $2,758.58
092 -0116-050-00 $1,364.26
092 -0116-055-00 $3,071.10
092 -0116-056-00 $2,776.62
092 -0116-057-00 $3,029.04
092 -0116-064-00 $1,358.26
092 -0116-065-00 $1,238.06
092 -0116-066-00 $2,686.46
092 -0116-068-00 $168.28
092 -0116-069-00 $168.28
092 -0116-070-00 $168.28
092 -0116-071-00 $168.28
092 -0116-072-00 $168.28
092 -0116-073-00 $168.28
092 -0116-074-00 $168.28
092 -0116-075-00 $168.28
092 -0116-076-00 $168.28
092 -0116-077-00 $168.28
092 -0116-078-00 $168.28
092 -0116-079-00 $168.28
092 -0251-012-00 $2,079.46
092 -0251-014-00 $2,019.36
092 -0252-011-00 $4,387.30
092 -0252-012-00 $727.20
092 -0252-015-00 $5,637.38
Total Parcels: 27
Total Assessment: $41,547.08
PART E - 1 05/03/24
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Landscaping and Lighting District No. 2
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 2 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 15

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CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 2 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 2
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: May 14, 2024 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 2 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 2 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of landscaping improvements within the public right-of-way within the boundaries of the District.

The District generally consists of those properties west of Jarvis Avenue, north of the railroad tracks, east of California State Route 84, and south of the City owned parcel at the corner of Jarvis Avenue and Cardiff Street. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the 1972 Act. All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rightsof-way. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218. Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 2 INTRODUCTION
2 Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2024-25 assessments to be levied upon each assessable lot or parcel within the District.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 2
FISCAL YEAR 2024-25
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11631, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 11, 2024, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Newark.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Newark and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:

The maintenance of Jarvis Avenue median-island and buffer landscaping and landscape irrigation system, and lighting adjacent to and within the boundaries of Tract 5232 and the Dumbarton Industrial Park. Costs shall include all maintenance and operation costs including normal upkeep, operating expenses, management expenses, replanting costs, and power costs.

The maintenance of landscaping and the landscape irrigation system within the public right-of-way and easement areas adjacent to the public right-of-way on Dumbarton Court, Jarvis Avenue and Newark Boulevard, and the 10-footwide landscape easement in lots 6 and 7 of Tract 5232 adjoining the property within Parcel Map 5618.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ESTIMATE OF COSTS 8 PART B

The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2024-25.

Projected Revenues
Assessment Revenue $26,678
Non-Assessment Revenues1 $3,008
Total Projected Revenues $29,686
Projected Expenses
Contract Services2 $81,071
Utilities $4,000
Administration and Incidentals $15,892
County Collection Fees $454
Unforeseen Maintenance and Repairs3 $5,071
Total Projected Expenses $106,487
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $200,524
Reserve Fund Collection Increase/(Decrease) ($76,801)
Ending Fund Balance - June 30, 2025 $123,723
Recommended Operating Reserves $50,708
Available Operating Reserves $50,708
Available Capital Reserves $73,015
1 Non-Assessment Revenue includes interest earnings estimated at 1.5% of Projected Beginning Fund Balance and any other non-assessment revenue sources. 2 Includes $75,000 for Plant & Tree Replacement, Grading, Irrigation & Pop-Up Replacement, Irrigation Retrofit, and Re-mulch projects.
3 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 2
Fiscal Year 2024-25 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ESTIMATE OF COSTS 9 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

The purpose of collecting and holding funds in a Capital Reserve is so that when improvements need to be replaced or expenditures that are greater than can be conveniently raised from a single year’s assessment, funds are available so that the District can respond and address the need promptly.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ASSESSMENT DIAGRAM 10 PART C

A reduced copy of the Assessment Diagram is shown on the following page.

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SR84

JARVIS AV

NEWARK BLVD

CEDAR BL

LIDO BL

LAKE BL

BLACKBURN DR

CHAPMAN DR
NEWARK OFF SR84 RAMP EB

BRITTANY AV

TOURRAINE DR

NORMANDY DR

ORLEANS DR

ABINGTON DR

FIRCREST ST

CASTILLON DR

GATEWAY BL

FLANDERS DR

REYMOUTH DR

CARDIFF ST

PORTSMOUTH AV

RAVENWOOD AV

MADELAINE DR

OVERLAKE PL

RUSCHIN DR

PROVANCE ST

LIDO CT

DUMBARTON CT

DONEGAL CT

WYCOMBE PL

STIRLING CT

DOVER CT

BISCAY PL

ASSESSMENT DIAGRAM
LANDSCAPING AND LIGHTING DISTRICT NO. 2
Legend
LLD No. 2 Boundary
Parcels ± 0 950 1,900
Feet
(NEWARK BOULEVARD AT JARVIS AVENUE)
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 12 PART D

The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.

The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 13 the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.

In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by the District. These special benefits are not dependent on any one property owner's use of the District's improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements.

The identified special benefits conferred to property from the improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive landscaping enhances the overall appearance and desirability of the area, making it visually appealing to property owners and visitors.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o Median landscaping helps calm traffic and reduce speeds, creating a safer environment for people traveling to and from properties within the District. It also acts as a physical buffer between roadways and properties within the District.
• Noise reduction:
o Trees and plants help absorb traffic noise and create a buffer between the road and nearby properties, reducing noise levels and creating a more peaceful environment.
• Reduced pollution:
o Trees and plants aid in filtering pollutants from the air, improving air quality and creating a healthier environment for properties in proximity to the landscape.

These benefits, when applied to property in the District, specifically increase the utility of the property within the District. For example, the assessments provide funding to maintain the landscaping that improves safety and access to the property and provides visual and environmental benefits to the properties within the District. Such improved and wellmaintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 2 METHOD OF APPORTIONMENT 14 Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services.

Therefore, the City and Engineer of Work at the time of District formation determined the project costs related to Jarvis Avenue west of Dumbarton Court and for Dumbarton Court, including a proportionate share of the incidental expenses will be spread on the basis of area to lots which front Jarvis Avenue and Dumbarton Court. Project costs related to improvements on Jarvis Avenue east of Dumbarton Court and on Newark Boulevard, including a proportionate share of incidental expenses will be spread to properties fronting this segment of Jarvis Avenue and Newark Boulevard on the basis of area, but after buildings are constructed, these costs are to be spread on the basis of building square footage, with costs allocated to undeveloped property based on the maximum building size permitted on the parcel. This methodology distributes assessments in proportion to the estimated special benefit conferred to property and is generally recognized as providing the basis for a fair and appropriate distribution of assessments.

In Fiscal Year 2024-25, the maximum allowable assessment for each assessable parcel within the District is needed to cover the annual costs. A listing of each assessable parcel and their proposed Fiscal Year 2024-25 assessment is on the Assessment Roll in Part E of this Report.

Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, and public parkways (all of which are typically not assigned an Assessor’s Parcel Number (APN) by the County). Also exempted from the assessment would be public agency owned property, utility rights-of-ways, common areas (such as in condominium complexes or those that are owned by a Homeowner’s or Property Owner’s Association), and any other property that is deemed to be unable to develop by the City. These types of parcels do not benefit from the improvements.

Appeals and Interpretations
Any property owner who feels that the assessment levied on the subject property is in error because of incorrect information being used to apply the foregoing method of assessment, may file a written appeal with City Engineer or his or her designee. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the City Engineer or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Engineer or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the City Engineer or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any property owner who disagrees with the decision of the City Engineer or her or his designee may refer their appeal to the City Council and the decision of the City Council shall be final.

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CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 2 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2024-25 is $26,678.00.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 2

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-2596-001-00 $134.00
092A-2596-002-00 $44.00
092A-2596-003-00 $77.00
092A-2596-004-00 $797.00
092A-2596-005-00 $74.00
092A-2596-006-00 $83.00
092A-2596-007-00 $66.00
092A-2596-008-00 $202.00
092A-2596-009-00 $796.00
092A-2596-010-00 $377.00
092A-2596-011-00 $161.00
537 -0521-014-00 $1,643.00
537 -0521-015-00 $198.00
537 -0521-023-02 $25.00
537 -0521-024-02 $55.00
537 -0521-025-00 $99.00
537 -0521-026-00 $38.00
537 -0521-027-00 $73.00
537 -0521-028-00 $78.00
537 -0521-036-00 $631.00
537 -0521-037-00 $820.00
537 -0521-038-00 $14,308.00
537 -0521-039-00 $2,306.00
537 -0521-045-00 $743.00
537 -0521-046-00 $57.00
537 -0521-047-00 $304.00
537 -0521-048-00 $195.00
537 -0855-001-00 $114.70
537 -0855-002-00 $114.70
537 -0855-003-00 $114.70
537 -0855-004-00 $114.70
537 -0855-005-00 $114.70
537 -0855-006-00 $114.70
537 -0855-007-00 $114.70
537 -0855-008-00 $114.70
537 -0855-009-00 $114.70
537 -0855-010-00 $114.70
537 -0855-011-00 $114.70
537 -0855-012-00 $114.70
537 -0855-013-00 $114.70
537 -0855-014-00 $114.70
537 -0855-015-00 $114.70
537 -0855-016-00 $114.70
537 -0855-017-00 $114.70
537 -0855-018-00 $114.70
537 -0855-019-00 $114.70
537 -0855-020-00 $114.70
Total Parcels: 47
Total Assessment: $26,678.00
PART E - 1 05/03/24
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Landscaping and Lighting District No. 4
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 4 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 9 Part C – Assessment District Diagram ................................11 Part D – Method of Apportionment of Assessments............13 Part E - Assessment Roll ....................................................19 Packet Page 360
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 4 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 4
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: May 14, 2024 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 4 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 4 (“District”) to maintain public improvements.

The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-island and buffer landscape, streetlight, and park improvements benefiting parcels within the boundaries of the District. Since formation, an additional zone of benefit was created on September 14, 2017.

Following annexation of the zone of benefit referenced above, the District consists of the following two (2) zones of benefit:
• Zone 1 (New Technology Park and Stevenson Point Techpark) The area includes office, commercial, and institutional establishments in the City known as the New Technology Park and the Stevenson Point Techpark. • Zone 2 (Sanctuary)
The Sanctuary development includes Tract 8270 and is comprised of 386 single family homes and private roads.

The District generally consists of those properties south of Cherry Street, west of Stevenson Boulevard, north of the railroad tracks and east of Mowry Avenue. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District and each zone of benefit is provided in Part C of this Report.

Impacts of Proposition 218
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218.

However, if the increase in assessments were anticipated in the assessment formula (e.g., CPI increase or assessment cap) then the assessment would comply with the intent and provisions of Proposition 218.

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CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 4 INTRODUCTION
2 Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District and each benefit zone, (2) a cost estimate for the District and each benefit zone, and (3) a listing of the proposed Fiscal Year 2024-25 assessments to be levied upon each assessable lot or parcel within the District and each benefit zone.

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 4
FISCAL YEAR 2024-25
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11631, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 11, 2024, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

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CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 5 PART A

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:
• The Landscape Improvements include, but are not limited to landscaping, planting, turf, trees, irrigation systems, and fixtures in parks, public streets, and sidewalk rights-ofway, including medians, traffic circles, parkways and other easements dedicated to the City within, and adjacent to, the zones.
• Street Lighting Improvements include, but are not limited to poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in public streets and sidewalk rights-of-way and other easements dedicated to the City within, and adjacent to, the zones.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of these diagrams is on file with the City’s Public Works Department.

A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced within each of the District benefit zones follows.

Zone 1 (New Technology Park and Stevenson Point Techpark) Landscape Improvements
The Landscape Improvements include streetscapes and medians, specifically:
• The maintenance of Stevenson Boulevard median-island landscaping from the Nimitz Freeway to Cherry Street.
• The Maintenance of median-island and up to 50-feet of green belt landscaping and street lighting adjacent to Cherry street and the interior loop street within the boundaries of New Technology Park.
• The maintenance of landscaping across the Newark Unified School District parcel on Cherry Street.

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CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 8 Zone 2 (Sanctuary)
Park and Landscape Improvements
Zone 2 is responsible for maintaining the existing District improvements identified previously in Zone 1, as well as additional maintenance and servicing of a neighborhood park and trash capture devices as listed below. Park maintenance includes turf, trees, and irrigation. • Neighborhood Park located north of Dragonfly Street, between Sea Turtle and Brush Rabbit.
• 6 trash capture devices on Cherry Street.
• 2 trash capture devices on Stevenson Boulevard.
• 3 trash capture devices on Tom Cod Street.

All other improvements associated with Zone 2 including landscaping, sidewalk rights-of-way, medians, parkways, and other easements dedicated to the City will be maintained by a Homeowner’s Association and will not be assessed to parcels within the District.

Street Lighting Improvements
The Street Lighting Improvements include fifty-one (51) streetlights located throughout Tract 8270 located along streets within the zone.

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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ESTIMATE OF COSTS 9 PART B

Funds raised from the assessments shall be used only for the expenditures represented above. A contribution to the District by the City may be made to reduce assessments as the City deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year unless the funds are being accumulated for future capital replacement projects or operating reserves.

The following table provides a summary of the estimated District revenues and cost estimates for Fiscal Year 2024-25.

Zone 1 Zone 2
Total
Amount
Projected Revenues
Assessment Revenue $37,082 $74,907 $111,989
Non-Assessment Revenues1 $6,836 $28,338 $35,174
Total Projected Revenues $43,918 $103,245 $147,162
Projected Expenses
Contract Services2 $59,130 $119,445 $178,575
Utilities $1,656 $3,344 $5,000
Administration and Incidentals $9,395 $18,977 $28,372
County Collection Fees $630 $1,273 $1,904
Unforeseen Maintenance and Repairs3 $3,541 $7,152 $10,693 Total Projected Expenses $74,351 $150,192 $224,543
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $343,716 $555,460 $899,176 Reserve Fund Collection Increase/(Decrease) ($30,433) ($46,948) ($77,380) Ending Fund Balance - June 30, 2025 $313,283 $508,513 $821,796 Recommended Operating Reserves $35,405 $71,520 $106,925 Available Operating Reserves $35,405 $71,520 $106,925
Available Capital Reserves3 $277,878 $436,992 $714,871
1 Non-Assessment Revenues include interest earnings estimated at 1.5% of Projected Beginning Fund Balance and the City contribution for General Benefits and Special Benefits conferred to property not in the District. 2 Includes $175,00 for Plant & Tree Replacement, Grading, Irrigation & Pop-Up Replacement, Irrigation Retrofit, and Re-mulch projects.
3 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 4
Fiscal Year 2024-25 Cost Estimate
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CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ESTIMATE OF COSTS 10 The purpose of the various reserves is to ensure the District will have funds available for cashflow purposes and to repair or reconstruct the improvements that are the responsibility of the District.

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CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ASSESSMENT DIAGRAM 11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District and each zone of benefit are shown herein. The Diagram is on file in the Public Works Department of the City and shown on the following page of this Engineer's Report. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page.

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CHERRY ST

MOWRY AV

STEVENSON BL

ADDITION RD

DRAGONFLY ST

TOMCOD ST

LEVI ST

EUREKA DR

SEAL DR

STATION RD

CEDAR BL

SPADEFOOT AV

BRUSH RABBIT AV

EBBETTS ST

PARADA ST

TRUCKEE CT

GOOSE WY

MULE DEER ST

BALENTINE DR

TULE ELK WY

PELTON TE

JOAQUIN MURIETA AV

SAWYER TE

SOUTH DARNER DR

POTRERO DR

WAXWING DR

ASSESSMENT DIAGRAM
Legend
Parcels
LLD No. 4 Zone 1
LLD No. 4 Zone 2 ± 0 1,500 3,000
Feet
(NEW TECHNOLOGY PARK AND STEVENSON POINT TECHPARK)
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ZONE 1AND 2
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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 13 PART D

The method used for apportioning the assessment is based upon the relative special benefits to be derived by the properties in the District and any established benefit zones.

The assessment is apportioned to each parcel in proportion to the relative cost of the special benefits from the improvements.

The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.” The formula used for calculating assessments in the District therefore needs to reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, Article XIIID, of the California Constitution limits the amount of any assessment to the proportional “special benefit” conferred on the property. Article XIIID provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. There is no widely accepted or statutory formula for determining general and special benefit. However, the constitution states that a special benefit is different from a general benefit in that it is “particular and distinct” and “over and above” general benefits received by other properties.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if “by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement.” Thus, the 1972 Act requires the levy of a true “assessment” rather than a “special tax”.

Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, utility easements, Packet Page 374

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 14 and that portion of public property that is not developed and used for business purposes similar to private residential, commercial, industrial, and institutional activities.

The amount to be assessed may be apportioned by any formula or method which fairly distributes the amount among all assessable lots or parcels. In order for the City to separate out the general and special benefits for each improvement type, an analysis of each improvement was conducted. The analysis reviewed the purpose and users of each improvement, and then identified the properties that may benefit from the improvement both within and outside the City and within and outside each zone of benefit, and then allocated the costs to maintain, service, and replace each improvement type to each identified property. Because general benefits are not assessable, any costs associated with general benefits or special benefits assigned to properties within and outside the City and not in a District zone of benefit are to be paid for by the City. Only the costs associated with the special benefits conferred on property within each zone of benefit from the authorized improvements are assessable, and therefore assessed herein. A full analysis showing the quantification and separation of special and general benefits performed by the City and Assessment Engineer at the time of the establishment of Benefit Zone 2 (Sanctuary) can be found in the Engineer’s Report prepared at the time of establishing Zone 2 (Sanctuary). A summary of the analysis by improvement type funded by District assessments is described below.

Special Benefit
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on the special benefits conferred to property from the improvements as determined at the time the District and the subsequent zone of benefit was established.

The District consists of all Assessor Parcels within the boundaries of a zone of benefit. The method of apportioning costs and assessing properties is based upon the proportional special benefits to be conferred by the improvements and services within each zone of benefit to the properties within the boundaries of the District‘s zones of benefit. The apportioning of special benefit is a two-step process: the first step is to identify the types of special benefits arising from the improvements and services, and the second step is to allocate the costs and assign assessments to property based on the estimates of the special benefit being conferred to each property.

In determining the proportionate special benefit derived by each identified parcel, the proximity of the parcel to the public improvements detailed in Part A above, and the capital, maintenance, and operating costs of said public improvements, was considered and analyzed. Due to the close proximity of the parcels to the improvements detailed in Part A above, it has been demonstrated and determined that the parcels are uniquely benefited by, and receive a direct advantage from, and are conferred a particular and distinct special benefit over and above general benefits by said public improvements in a way that is particular and distinct from its effect on other parcels, and that real property in general and the public at large do not share.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 15 In summary, the assessments can only be levied based on the special benefit to property conferred from the installation, maintenance, and servicing of the improvements funded by each zone of benefit within the District. These special benefits are not dependent on any one property owner's use of each zone of benefit’s improvements or their specific demographic status. The basis for these special benefits comes from statutes approved by the California Legislature and other studies that describe the types of benefits received by property from such improvements. The identified special benefits conferred to property from the improvements are summarized as follows.

Special Benefit from Landscape Maintenance
All parcels within the District, specifically, Zone 1 (New Technology Park and Stevenson Point Techpark) and Zone 2 (Sanctuary), receive special benefit from Landscape Maintenance. Trees, landscaping, hardscapes, ornamental structures, and appurtenant facilities, if well maintained, confer a particular and distinct special benefit upon real property within the zones of benefit by providing beautification, shade and positive enhancement of the community character, attractiveness, and desirability of the surroundings. In addition, all the aforementioned contribute to a specific increase in property desirability and a specific enhancement of the property value of each parcel within each zone of benefit within the District.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
" ... there is no lack of opinion, based on general principles and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly .... Indeed, in most cases where public money has been spent on parkways the assumption has been made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City, ... " It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping alongside the roadway.

Special Benefit from Street Lighting Maintenance
All parcels within Zone 2 of the District receive special benefit from Street Lighting Maintenance. The special benefit from street lighting can be measured by increased safety to people and property, as well as the increased availability of lighting. The safety to people results in a special benefit to residential parcels because street lighting improves traffic safety during ingress and egress to the property and creates a deterrent to crime on the property. The safety to property results in a special benefit to both residential and vacant and undeveloped parcels because street lighting operation, maintenance and servicing provides for the protection of buildings and personal property against crimes such as theft and vandalism.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 16 Special Benefit from Park Maintenance
All parcels within Zone 2 (Sanctuary) receive special benefit from Park Maintenance. The overall quality of life and desirability of an area is enhanced, when public parks and recreational facilities are in place, improved, operable, safe, clean, and properly maintained.

Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism.

Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events, and other miscellaneous activities.

Studies in several communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved a potent factor in maintaining a sound economic condition and a high standard of livability in the community.

These studies confirm the opinion, long held by planning authorities, as to the economic value of parks and recreational facilities in a community. “The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985)
“Recreation and park amenities are central components in establishing the quality of life in a community. ... [Businesses’] main resource is their employees for whom quality of life is an important issue… The availability and attractiveness of local parks and programs influences some companies’ relocation decisions. ... the presence of a park encourages real estate development around it.... ". (California Parks & Recreation, Winter 1997) The benefit of parks and other recreational facilities to residential and the surrounding commercial/industrial properties in Zone 1 (New Technology Park and Stevenson Point Techpark) is supported and has been summarized by several studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded the following:
• Parks and recreation stimulate business and generate tax revenues • Parks and recreation help conserve land, energy, and resources • An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values • Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast-paced and demanding life Packet Page 377

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 17 Proper maintenance and operation of the parks within the City benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement.

Special Benefit to Parcels Outside of the District
There are parcels outside Zone 2 (Sanctuary) that receive special benefit from some of the improvements (e.g., parks, etc.). Based on the analysis performed at the time of the establishment of Zone 2 (Sanctuary), it was determined that 11.06% of the annual costs from the improvements associated with Zone 2 (Sanctuary) are attributable to special benefits to parcels outside of Zone 2 (Sanctuary).

The share of cost attributable to special benefits conferred to parcels outside of Zone 2 (Sanctuary) cannot be assessed to properties within the specific zone, but are required to be paid by some other source, such as the City’s General Fund.

General Benefit
In the context of assessments, a general benefit is a benefit enjoyed by the community, or the public at large rather than a special benefit that is specifically conferred to individual properties. The Assessment Engineer at the time of establishing Zone 2 (Sanctuary) performed an analysis and determined there are general benefits conferred from the District improvements to the public at large. Based on this analysis performed by the Assessment Engineer, 2.26% of annual costs associated with the District and related improvements are attributable to general benefits received by the public at large. The share of costs attributable to the general benefits of each zone of benefit cannot be assessed to properties within each specific zone, but are required to be paid by some other source, such as the City’s General Fund.

Method of Assessment
This process of apportioning assessments to each property involves determining the relative special benefit received by each property from the improvements and services. Since the assessment will be levied against parcels of property as shown on the tax roll, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment and this would not be equitable.

Therefore, the City and Engineer of Work at the time of formation of Zone 1 (New Technology Park and Stevenson Point Techpark) determined that the most appropriate method of apportioning costs was to segregate the costs associated with New Technology Park from the Stevenson Point Techpark and then spread the specific costs on an acreage basis to the benefiting parcels adjacent and in proximity to the improvements. However, the parcels south of Zone 2 east of Addition Road and west of Eureka Drive benefit from all Zone 1 improvements and are therefore apportioned costs associated with the improvements for both New Technology Park and Stevenson Point Techpark.

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CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 4 METHOD OF APPORTIONMENT 18 Furthermore, the City and Engineer at the time of establishing Zone 2 (Sanctuary) determined the most appropriate method of apportioning costs was to spread all Zone 2 (Sanctuary) specific costs equally to all single-family residential homes. Publicly owned properties within the District must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the improvements. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts, public parkways, public property designated open space, and any portion of public property that is not used for business purposes similar to private residential, commercial, industrial, and institutional activities. Also exempted from the assessments are private streets, utility easements, Homeowner’s Association common areas (except club houses, community centers, parking lots, etc.) and any other parcels that do not receive a special and direct benefit from the improvements.

Parcels within each zone may be assessed once it is anticipated that improvements will need to be maintained or reserve funds will need to be collected for the ensuing fiscal year(s). The table below summarizes both the maximum and applied assessment rates for each zone for Fiscal Year 2024-25.

Maximum Assessment Rate Increases
The maximum assessment rates for Zone 1 (New Technology Park and Stevenson Point Techpark) may not be increased annually without property owner approval through a successful Proposition 218 proceeding. However, the maximum annual assessment rate for Zone 2 (Sanctuary) may be adjusted annually by the greater of the annual increase in the Bureau of Labor Statistics, Consumer Price Index for the month of February, All Urban Consumers for the San Francisco/Oakland/San Jose area, or 3%.

LLD No. 4 Benefit Zone
FY 2024-25 Maximum
Assessment Rate
FY 2024-25 Applied
Assessment Rate
Zone 1 - New Technology Park $192.50 $192.50
Zone 1 - Stevenson Point Techpark $130.00 $130.00
Zone 2 - Sanctuary $234.90 $194.06
Packet Page 379

CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 4 ASSESSMENT ROLL 19 PART E

The total proposed assessment for Fiscal Year 2024-25 is $111,988.92.

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CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0185-033-00 $4,337.62 1
901 -0185-039-00 $259.28 1
901 -0185-040-00 $1,298.70 1
901 -0185-041-00 $1,869.20 1
901 -0185-042-00 $2,819.94 1
901 -0185-043-00 $2,316.52 1
901 -0110-068-00 $1,341.72 1A
901 -0110-069-00 $342.46 1A
901 -0185-013-08 $15,425.02 1A
901 -0185-014-00 $270.66 1A
901 -0185-044-00 $758.54 1B
901 -0185-049-00 $1,589.24 1B
901 -0185-051-00 $476.70 1B
901 -0185-052-00 $631.80 1B
901 -0185-053-00 $491.40 1B
901 -0185-054-00 $510.38 1B
901 -0185-055-00 $523.38 1B
901 -0185-056-00 $374.26 1B
901 -0185-057-00 $102.82 1B
901 -0185-059-03 $966.42 1B
901 -0185-060-01 $375.70 1B
901 -0200-028-00 $194.06 2
901 -0200-029-00 $194.06 2
901 -0200-030-00 $194.06 2
901 -0200-031-00 $194.06 2
901 -0200-032-00 $194.06 2
901 -0200-033-00 $194.06 2
901 -0200-034-00 $194.06 2
901 -0200-035-00 $194.06 2
901 -0200-036-00 $194.06 2
901 -0200-037-00 $194.06 2
901 -0200-038-00 $194.06 2
901 -0200-039-00 $194.06 2
901 -0200-040-00 $194.06 2
901 -0200-041-00 $194.06 2
901 -0200-042-00 $194.06 2
901 -0200-043-00 $194.06 2
901 -0200-044-00 $194.06 2
901 -0200-045-00 $194.06 2
901 -0200-046-00 $194.06 2
901 -0200-047-00 $194.06 2
901 -0200-048-00 $194.06 2
901 -0200-049-00 $194.06 2
901 -0200-050-00 $194.06 2
901 -0200-051-00 $194.06 2
901 -0200-052-00 $194.06 2
901 -0200-053-00 $194.06 2
901 -0200-054-00 $194.06 2
901 -0200-055-00 $194.06 2
901 -0200-056-00 $194.06 2
901 -0200-057-00 2 $194.06
901 -0200-058-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0200-059-00 $194.06 2
901 -0200-060-00 $194.06 2
901 -0200-061-00 $194.06 2
901 -0200-062-00 $194.06 2
901 -0200-063-00 $194.06 2
901 -0200-064-00 $194.06 2
901 -0200-065-00 $194.06 2
901 -0200-066-00 $194.06 2
901 -0200-067-00 $194.06 2
901 -0200-068-00 $194.06 2
901 -0200-069-00 $194.06 2
901 -0200-070-00 $194.06 2
901 -0200-071-00 $194.06 2
901 -0200-072-00 $194.06 2
901 -0200-073-00 $194.06 2
901 -0200-074-00 $194.06 2
901 -0200-075-00 $194.06 2
901 -0200-076-00 $194.06 2
901 -0200-077-00 $194.06 2
901 -0200-078-00 $194.06 2
901 -0200-079-00 $194.06 2
901 -0200-080-00 $194.06 2
901 -0200-081-00 $194.06 2
901 -0200-082-00 $194.06 2
901 -0200-083-00 $194.06 2
901 -0200-084-00 $194.06 2
901 -0200-085-00 $194.06 2
901 -0200-086-00 $194.06 2
901 -0200-087-00 $194.06 2
901 -0200-088-00 $194.06 2
901 -0200-089-00 $194.06 2
901 -0200-090-00 $194.06 2
901 -0200-091-00 $194.06 2
901 -0200-092-00 $194.06 2
901 -0200-093-00 $194.06 2
901 -0200-094-00 $194.06 2
901 -0200-095-00 $194.06 2
901 -0200-096-00 $194.06 2
901 -0200-097-00 $194.06 2
901 -0200-098-00 $194.06 2
901 -0200-099-00 $194.06 2
901 -0200-100-00 $194.06 2
901 -0200-101-00 $194.06 2
901 -0200-102-00 $194.06 2
901 -0200-103-00 $194.06 2
901 -0200-104-00 $194.06 2
901 -0200-105-00 $194.06 2
901 -0200-106-00 $194.06 2
901 -0200-107-00 $194.06 2
901 -0200-108-00 $194.06 2
901 -0200-109-00 2 $194.06
901 -0200-110-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0200-111-00 $194.06 2
901 -0200-112-00 $194.06 2
901 -0200-113-00 $194.06 2
901 -0200-114-00 $194.06 2
901 -0200-115-00 $194.06 2
901 -0200-116-00 $194.06 2
901 -0200-117-00 $194.06 2
901 -0200-118-00 $194.06 2
901 -0200-119-00 $194.06 2
901 -0200-120-00 $194.06 2
901 -0200-121-00 $194.06 2
901 -0200-122-00 $194.06 2
901 -0200-123-00 $194.06 2
901 -0200-124-00 $194.06 2
901 -0200-125-00 $194.06 2
901 -0200-126-00 $194.06 2
901 -0200-127-00 $194.06 2
901 -0200-128-00 $194.06 2
901 -0200-129-00 $194.06 2
901 -0200-130-00 $194.06 2
901 -0200-131-00 $194.06 2
901 -0200-132-00 $194.06 2
901 -0200-133-00 $194.06 2
901 -0200-134-00 $194.06 2
901 -0200-135-00 $194.06 2
901 -0201-016-00 $194.06 2
901 -0201-017-00 $194.06 2
901 -0201-018-00 $194.06 2
901 -0201-019-00 $194.06 2
901 -0201-020-00 $194.06 2
901 -0201-021-00 $194.06 2
901 -0201-022-00 $194.06 2
901 -0201-023-00 $194.06 2
901 -0201-024-00 $194.06 2
901 -0201-025-00 $194.06 2
901 -0201-026-00 $194.06 2
901 -0201-027-00 $194.06 2
901 -0201-028-00 $194.06 2
901 -0201-029-00 $194.06 2
901 -0201-030-00 $194.06 2
901 -0201-031-00 $194.06 2
901 -0201-032-00 $194.06 2
901 -0201-033-00 $194.06 2
901 -0201-034-00 $194.06 2
901 -0201-035-00 $194.06 2
901 -0201-036-00 $194.06 2
901 -0201-037-00 $194.06 2
901 -0201-038-00 $194.06 2
901 -0201-039-00 $194.06 2
901 -0201-040-00 $194.06 2
901 -0201-041-00 2 $194.06
901 -0201-042-00 $194.06 2
PART E - 1 05/03/24
Packet Page 381

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0201-043-00 $194.06 2
901 -0201-044-00 $194.06 2
901 -0201-045-00 $194.06 2
901 -0201-046-00 $194.06 2
901 -0201-047-00 $194.06 2
901 -0201-048-00 $194.06 2
901 -0201-049-00 $194.06 2
901 -0201-050-00 $194.06 2
901 -0201-051-00 $194.06 2
901 -0201-052-00 $194.06 2
901 -0201-053-00 $194.06 2
901 -0201-054-01 $194.06 2
901 -0201-055-03 $194.06 2
901 -0201-056-00 $194.06 2
901 -0201-057-00 $194.06 2
901 -0201-058-00 $194.06 2
901 -0201-059-00 $194.06 2
901 -0201-060-02 $194.06 2
901 -0201-061-00 $194.06 2
901 -0201-062-00 $194.06 2
901 -0201-063-00 $194.06 2
901 -0201-064-00 $194.06 2
901 -0201-065-00 $194.06 2
901 -0201-066-00 $194.06 2
901 -0201-067-00 $194.06 2
901 -0201-068-00 $194.06 2
901 -0201-069-00 $194.06 2
901 -0201-070-00 $194.06 2
901 -0201-071-00 $194.06 2
901 -0201-072-00 $194.06 2
901 -0201-073-00 $194.06 2
901 -0201-074-00 $194.06 2
901 -0201-075-00 $194.06 2
901 -0201-076-00 $194.06 2
901 -0201-077-00 $194.06 2
901 -0201-078-00 $194.06 2
901 -0201-079-00 $194.06 2
901 -0201-080-00 $194.06 2
901 -0201-081-00 $194.06 2
901 -0201-082-00 $194.06 2
901 -0201-083-00 $194.06 2
901 -0201-084-00 $194.06 2
901 -0201-085-00 $194.06 2
901 -0201-086-00 $194.06 2
901 -0201-087-00 $194.06 2
901 -0201-088-00 $194.06 2
901 -0201-089-00 $194.06 2
901 -0201-090-00 $194.06 2
901 -0201-091-00 $194.06 2
901 -0201-092-00 $194.06 2
901 -0201-093-00 2 $194.06
901 -0201-094-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0201-095-00 $194.06 2
901 -0201-096-00 $194.06 2
901 -0201-097-00 $194.06 2
901 -0201-098-00 $194.06 2
901 -0201-099-00 $194.06 2
901 -0201-100-00 $194.06 2
901 -0201-101-00 $194.06 2
901 -0201-102-00 $194.06 2
901 -0201-103-00 $194.06 2
901 -0201-104-00 $194.06 2
901 -0201-105-00 $194.06 2
901 -0201-106-00 $194.06 2
901 -0201-107-00 $194.06 2
901 -0201-108-00 $194.06 2
901 -0201-109-00 $194.06 2
901 -0201-110-00 $194.06 2
901 -0201-111-00 $194.06 2
901 -0202-007-00 $194.06 2
901 -0202-008-00 $194.06 2
901 -0202-009-00 $194.06 2
901 -0202-010-00 $194.06 2
901 -0202-011-00 $194.06 2
901 -0202-012-00 $194.06 2
901 -0202-013-00 $194.06 2
901 -0202-014-00 $194.06 2
901 -0202-015-00 $194.06 2
901 -0202-016-00 $194.06 2
901 -0202-017-00 $194.06 2
901 -0202-018-00 $194.06 2
901 -0202-019-00 $194.06 2
901 -0202-020-00 $194.06 2
901 -0202-021-00 $194.06 2
901 -0202-022-00 $194.06 2
901 -0202-023-00 $194.06 2
901 -0202-024-00 $194.06 2
901 -0202-025-00 $194.06 2
901 -0202-026-00 $194.06 2
901 -0202-027-00 $194.06 2
901 -0202-028-00 $194.06 2
901 -0202-029-00 $194.06 2
901 -0202-030-00 $194.06 2
901 -0202-031-00 $194.06 2
901 -0202-032-00 $194.06 2
901 -0202-033-00 $194.06 2
901 -0202-034-00 $194.06 2
901 -0202-035-00 $194.06 2
901 -0202-036-00 $194.06 2
901 -0202-037-00 $194.06 2
901 -0202-038-00 $194.06 2
901 -0202-039-00 $194.06 2
901 -0202-040-00 2 $194.06
901 -0202-041-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0202-042-00 $194.06 2
901 -0202-043-00 $194.06 2
901 -0202-044-00 $194.06 2
901 -0202-045-00 $194.06 2
901 -0202-046-00 $194.06 2
901 -0202-047-00 $194.06 2
901 -0202-048-00 $194.06 2
901 -0202-049-00 $194.06 2
901 -0202-050-00 $194.06 2
901 -0202-051-00 $194.06 2
901 -0202-052-00 $194.06 2
901 -0202-053-00 $194.06 2
901 -0202-054-00 $194.06 2
901 -0202-055-00 $194.06 2
901 -0202-056-00 $194.06 2
901 -0202-057-00 $194.06 2
901 -0202-058-00 $194.06 2
901 -0202-059-00 $194.06 2
901 -0202-060-00 $194.06 2
901 -0202-061-00 $194.06 2
901 -0202-062-00 $194.06 2
901 -0202-063-00 $194.06 2
901 -0202-064-00 $194.06 2
901 -0202-065-00 $194.06 2
901 -0202-066-00 $194.06 2
901 -0202-067-00 $194.06 2
901 -0202-068-00 $194.06 2
901 -0202-069-00 $194.06 2
901 -0202-070-00 $194.06 2
901 -0202-071-00 $194.06 2
901 -0202-072-00 $194.06 2
901 -0202-073-00 $194.06 2
901 -0202-074-00 $194.06 2
901 -0202-075-00 $194.06 2
901 -0202-076-00 $194.06 2
901 -0202-077-00 $194.06 2
901 -0202-078-00 $194.06 2
901 -0202-079-00 $194.06 2
901 -0202-080-00 $194.06 2
901 -0202-081-00 $194.06 2
901 -0202-082-00 $194.06 2
901 -0202-083-00 $194.06 2
901 -0202-084-00 $194.06 2
901 -0202-085-00 $194.06 2
901 -0202-086-00 $194.06 2
901 -0202-087-00 $194.06 2
901 -0202-088-00 $194.06 2
901 -0202-089-00 $194.06 2
901 -0202-090-00 $194.06 2
901 -0202-091-00 $194.06 2
901 -0203-005-00 2 $194.06
901 -0203-006-00 $194.06 2
PART E - 2 05/03/24
Packet Page 382

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 4

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0203-007-00 $194.06 2
901 -0203-008-00 $194.06 2
901 -0203-009-00 $194.06 2
901 -0203-010-00 $194.06 2
901 -0203-011-00 $194.06 2
901 -0203-012-00 $194.06 2
901 -0203-013-00 $194.06 2
901 -0203-014-00 $194.06 2
901 -0203-015-00 $194.06 2
901 -0203-016-00 $194.06 2
901 -0203-017-00 $194.06 2
901 -0203-018-00 $194.06 2
901 -0203-019-00 $194.06 2
901 -0203-020-00 $194.06 2
901 -0203-021-00 $194.06 2
901 -0203-022-00 $194.06 2
901 -0203-023-00 $194.06 2
901 -0203-024-00 $194.06 2
901 -0203-025-00 $194.06 2
901 -0203-026-00 $194.06 2
901 -0203-027-00 $194.06 2
901 -0203-028-00 $194.06 2
901 -0203-029-00 $194.06 2
901 -0203-030-00 $194.06 2
901 -0203-031-00 $194.06 2
901 -0203-032-00 $194.06 2
901 -0203-033-00 $194.06 2
901 -0203-034-00 $194.06 2
901 -0203-035-00 $194.06 2
901 -0203-036-00 $194.06 2
901 -0203-037-00 $194.06 2
901 -0203-038-00 $194.06 2
901 -0203-039-00 $194.06 2
901 -0203-040-00 $194.06 2
901 -0203-041-00 $194.06 2
901 -0203-042-00 $194.06 2
901 -0203-043-00 $194.06 2
901 -0203-044-00 $194.06 2
901 -0203-045-00 $194.06 2
901 -0203-046-00 $194.06 2
901 -0203-047-00 $194.06 2
901 -0203-048-00 $194.06 2
901 -0203-049-00 $194.06 2
901 -0203-050-00 $194.06 2
901 -0203-051-00 $194.06 2
901 -0203-052-00 $194.06 2
901 -0203-053-00 $194.06 2
901 -0203-054-00 $194.06 2
901 -0203-055-00 $194.06 2
901 -0203-056-00 $194.06 2
901 -0203-057-00 2 $194.06
901 -0203-058-00 $194.06 2
Assessor's
Parcel
Number Zone
Assessment
Amount
901 -0203-059-00 $194.06 2
901 -0203-060-00 $194.06 2
901 -0203-061-00 $194.06 2
901 -0203-062-00 $194.06 2
901 -0203-063-00 $194.06 2
901 -0203-064-00 $194.06 2
901 -0203-065-00 $194.06 2
901 -0203-066-00 $194.06 2
901 -0203-067-00 $194.06 2
901 -0203-068-00 $194.06 2
901 -0203-069-00 $194.06 2
901 -0203-070-00 $194.06 2
901 -0203-071-00 $194.06 2
901 -0203-072-00 $194.06 2
901 -0203-073-00 $194.06 2
901 -0203-074-00 $194.06 2
901 -0203-075-00 $194.06 2
901 -0203-076-00 $194.06 2
901 -0203-077-00 $194.06 2
901 -0203-078-00 $194.06 2
901 -0203-079-00 $194.06 2
901 -0203-080-00 $194.06 2
901 -0203-081-00 $194.06 2
901 -0203-082-00 $194.06 2
901 -0203-083-00 $194.06 2
901 -0203-084-00 $194.06 2
901 -0203-085-00 $194.06 2
901 -0203-086-00 $194.06 2
901 -0203-087-00 $194.06 2
901 -0203-088-00 $194.06 2
901 -0203-089-00 $194.06 2
901 -0203-090-00 $194.06 2
901 -0203-091-00 $194.06 2
901 -0203-092-00 $194.06 2
901 -0203-093-00 $194.06 2
901 -0203-094-00 $194.06 2
901 -0203-095-00 $194.06 2
901 -0203-096-00 $194.06 2
901 -0203-097-00 $194.06 2
901 -0203-098-00 $194.06 2
901 -0203-099-00 $194.06 2
901 -0203-100-00 $194.06 2
901 -0203-101-00 $194.06 2
Total Parcels: 407
Total Assessment: $111,988.92
PART E - 3 05/03/24
Packet Page 383
Landscaping and Lighting District No. 7
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
Packet Page 384
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 7 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 8 Part C – Assessment District Diagram ................................10 Part D – Method of Apportionment of Assessments............12 Part E - Assessment Roll .................................................... 15 Packet Page 385
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 7 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 7
FISCAL YEAR 2024-25
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Newark City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, and the Landscape and Lighting Act of 1972 being Section 22500 et al of the California Streets and Highways Code (the “1972 Act”). The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: May 14, 2024 By:

Eduardo Espinoza, P.E.

RCE # 83709
Packet Page 386

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 7 INTRODUCTION
1 SECTION I

INTRODUCTION
The City of Newark (“City”) levies and collects special assessments on parcels within the City of Newark Landscaping and Lighting District No. 7 (“District”) to maintain public improvements.

The District was formed to provide a dedicated source of funding for the ongoing maintenance of streetlights and landscaping improvements within the public right-of-way benefiting parcels within the boundaries of the District.

The District generally consists of those properties along and adjacent to Newark Boulevard between Jarvis Avenue and Cedar Boulevard. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscape and medians within the public street rights-ofway. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

Packet Page 387

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 7 INTRODUCTION
2 Current Annual Administration
As required by the 1972 Act, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained, and serviced by the District, (2) a cost estimate for the District, and (3) a listing of the proposed Fiscal Year 2024-25 assessments to be levied upon each assessable lot or parcel within the District.

Packet Page 388

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 7
FISCAL YEAR 2024-25
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Initiation, being Resolution No. 11631, which directs the preparation and filing of the Engineer’s Report, adopted by the City Council of the City of Newark, on April 11, 2024, the following Report was prepared consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

Packet Page 389

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ENGINEER’S REPORT 4 PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s classification within the District in proportion to the estimated special benefits to be received.

Packet Page 390

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 5 PART A

Packet Page 391

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 6 • “Incidental expenses” include all the following:
o The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment.
o The costs of printing, advertising, and giving of published, posted, and mailed notices.
o Compensation payable to the county for collection of assessments. o Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part.
o Any other expenses incidental to the construction, installation, or maintenance and servicing of improvements.
o Any expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
o Any expenses incidental to the issuance of bonds or notes. o Costs associated with any elections held for the approval of a new or increased assessment.
• “Landscaping” means trees, shrubs, grass, or other ornamental vegetation. • “Maintain” or “maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation, and services of any improvement, including:
o Repair, removal or replacement of all or any part of any improvement. o Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
o The removal of trimmings, rubbish, debris, and other solid waste. o The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
• “Public lighting facilities” means all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. • “Service” or “servicing” means the furnishing of:
o Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements. o Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

Packet Page 392

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 7 DESCRIPTION OF DISTRICT IMPROVEMENTS
The improvements, which have been constructed within the City, and those which may be subsequently constructed, operated, maintained, and serviced with District assessments are generally described as follows:

The maintenance of buffer landscaping and the irrigation system within the public right-of-way and easement areas along Jarvis Avenue, Newark Boulevard, and the Cedar Boulevard frontages of the Rosemont Shopping Center.

Improvement diagrams have been prepared identifying all improvements and areas that are to be maintained by the District. A copy of this diagram is on file with the City’s Public Works Department.

Packet Page 393

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ESTIMATE OF COSTS 8 PART B

Newark City CouncilJune 13, 2024

Newark City Council
June 13, 2024