Agenda packet — Newark City Council, July 25, 2024 (part 1 of 2)

AGENDA
Thursday, July 25, 2024
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Ceremonial Oath of Office for Council Member Ana Apodaca

2. Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival

3. Introduction of employee(s)
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. Waive full reading, conduct second reading by title only, and adoption of an ordinance re-adopting Chapter 2.50, “Military Equipment Use Policy”, to the Newark Municipal Code

3. Waive full reading, conduct second reading by title only, and adoption of an ordinance amending Chapter 2.28 of the Newark Municipal Code "Personnel System"

4. Adopt a resolution approving a Software-as-a-Service ("SaaS") Agreement with ClearGov for ClearGov Insights Suite, Budget Suite, and Digital Budget Book

5. Adopt a resolution authorizing the City Manager to execute an amendment to the Microsoft Enterprise Agreement with Dell Marketing, L.P. (Dell) and amending the 2024-2026 Biennial Budget and Capital Improvement Plan

6. Adopt resolutions: (1) amending the Employee Classification Plan to delete and add multiple classifications; (2) amending the Compensation and Benefit Plan for the Management, Supervisory and Professional Employee Group; (3) amending the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5; (4) amending the 2024-2026 Biennial Budget and Capital Improvement Plan; and (5) approving a Side Letter to the Memorandum of Understanding with the Newark Police Association

7. Adopt a resolution approving a Side Letter to the Memorandum of Understanding between the City of Newark and the Newark Association of Miscellaneous Employees

8. Adopt a resolution establishing the Fiscal Year 2025 Tax Appropriations Limit

9. Resolution granting permission to Vice Mayor Freitas and Council Member Collazo to be absent from City Council meetings

10. Adopt a resolution authorizing the City Manager to execute an amended Contractual Equipment and Services Agreement with RJMS Corporation DBA Toyota Material Handling of Northern California for the purchase of a sub-compact sweeper

11. Adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bid No. 1 to VSS International, Inc. for 2024 Slurry Seal Program, Project No. 1345 (CIPA10006.FY2024); Exempt from CEQA review per CEQA Guidelines Section 15301

12. 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

1. Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments

2. Public Hearing for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 and Adopt a Resolution Confirming Diagrams and Assessments and Levying and Collection of Assessments for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18, 19 for Fiscal 2025 and Order the Dissolution of Landscaping and Lighting District Nos. 6, 10 and 13 Commencing in Fiscal Year 2025
F. OTHER BUSINESS

1. Adopt a resolution approving the Broadband Master Plan

2. Chief of Police Arguello presentation of the 2023 Newark Police Department Annual Report G. CITY MANAGER UPDATES
H. 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.

I. CLOSED SESSION

1. Conference with legal counsel - Existing Litigation
Pursuant to California Government Code Section 54956.9(d)(1) Name of Case: In re National Prescription Opiate Litigation (National opioid litigation involving Kroger)
Case No. 1:17-MD-2804
J. ADJOURNMENT

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

How to view the meeting remotely:

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

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

Zoom will no longer be available for public participation unless required by Assembly Bill 2449. Should a Council Member or the Mayor attend the meeting via Zoom pursuant to Assembly Bill 2249, then the Webinar ID 899 7427 8099 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.

Executive Team Members

David J. Benoun
City Manager
Lenka Hovorka
Assistant City Manager
Kristopher J. Kokotaylo
City Attorney
Steven Turner
Community Development Director
Jonathan Arguello
Police Chief
Edwin Miranda
CIO/Information Technology Director
Howard Young
Public Works Director
Cathreene Ingham-Watters
Human Resources Director
Krysten Lee
Finance Director
Ryan Nishimoto
ACFD Deputy Chief
Nicholas Cuevas, Recreation and Community Services Director Item B. 1.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Ceremonial Oath of Office for Council Member Ana Apodaca On July 8, 2024, the City Council appointed Ana Apodaca to the City Council until the certification of November 5, 2024, election results. The Oath of Office was administered after the special City Council Meeting. Alameda County Supervisor Elisa Márquez will administer a ceremonial Oath of Office at the July 25, 2024, City Council meeting for Council Member Apodaca.

Item B. 2.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
The Portuguese Fraternal Society of America Council No. 16 will celebrate the annual Holy Ghost Festival and their anniversary in the City of Newark on July 27 and 28, 2024. This will be the 101st celebration of Holy Ghost Festival in Newark.

Representatives from the Portuguese Fraternal Society will be at the City Council meeting to accept a proclamation.

Attachments
Proclamation
PROCLAMATION NO. 1922
PORTUGUESE FRATERNAL SOCIETY OF AMERICA COUNCIL NO. 16
101st ANNIVERSARY
WHEREAS, the Annual Newark Pavilion/Portuguese Fraternal Society of America (P.F.S.A.) Council No. 16 Holy Ghost Festival will be celebrated in Newark on July 27-28, 2024; and
WHEREAS, this event will also be the celebration of the Society’s 101st Anniversary in the City of Newark; and
WHEREAS, the early members of P.F.S.A. were involved in and contributed greatly to the development of the City of Newark; and
WHEREAS, these early members of P.F.S.A. established the Holy Ghost Festival, thus preserving their Portuguese homeland traditions and sharing those traditions with all Newark residents; and
WHEREAS, the City of Newark wishes to join the Portuguese community of Newark in the celebration of their 101st Anniversary of the Annual Newark Pavilion/P.F.S.A. Council No. 16 Holy Ghost Festival;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim July 27-28, 2024, as days of celebration of the
PORTUGUESE FRATERNAL SOCIETY OF AMERICA COUNCIL NO. 16
101st ANNIVERSARY
and ask all citizens of the City of Newark to join in celebration of this event and in celebration of the rich cultural history that our Portuguese community shares with all residents of Newark.

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 Twenty-fifth Day of July, Two Thousand Twenty-four.

Michael K. Hannon
Mayor
Item B. 3.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Introduction of employee(s)
The following employees will be introduced at the City Council meeting:

Howard Young, Public Works Director
Violetta Berlanga, Police Officer
Matt Reymundo, Public Safety Dispatch Supervisor
Shobna Sharma, Community Engagement Manager
Deepa Iyer, Management Analyst II
James Yonathan, Building Inspector I
Item D. 1.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 06.13.24_1
Audited Demands 06.13.24_2
Audited Demands 06.20.24
Audited Demands 06.27.24
Audited Demands 07.03.24

!"
# $
%&'()*%+ ,-./ 012/3456/78947:/;1-/315/ <=,>1?@AB:94?2 ,71?C:2D9? B594?2 >1?@B:94?2EFGHIJF K LMNOPGFQ JRS KTUVW XYZ[\]X^[[^][_`aVUbcdefaJ`bdghUifdjKLLGShkRLNNFl [mXn FGIJF K LMNOPGFQ JRSOeocbapOqcdaVo`edap[ r[mXn KTUVWap[ r[mXn

!"
#
$
%&'()*%+
,-./ 012/3456/78947:/;1-/315/ <=,>1?@AB:94?2
,71?C:2D9?
B594?2
>1?@B:94?2EFGHIJF K LMNOPGFQ JRS
KTUVW XYZ[\]X^[[^]]FV_`abcGdefgUFJFKMPGhLiMKOPjNK
[k^lmn]
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab
JlYXnuXuZ]X ^KjOQRSO hv FiwjNiLwSNx RLGSPHXuZ[^]
Ynm[l
JlYXnYXuZ]X ^KjOQRSO hv FihSyMRFhSNx RLGSPHXuZ[^]
\^mu
JlY[uXuZ]^ X^PSFhKvwFh FNOPMG RjSP
\zlm]
KTUVW XYZ[\]X^[[^]\FV_`abcGdefgUFiF{PLNGLRjKSGhLiMKOP ]kz[mX^
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab
jNx^[u]YXXuZ[z]X^GFOhLRPMG RjSP
]kz[mX^
KTUVW XYZ[\]X^[[^]^FV_`abcGdefgUF|RFK
[klmnX
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab
X]lu[XYZX ] ^F|RFKH{FQ]X^GhS{jM{P
[klmnX
KTUVW XYZ[\]X^[[^]uFV_`abcGdefgUFRjSiFMOLP LhSPjNK
]kYnml\
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab {FQ}]^XuZ\[]X^FRjSiH|RS OPMG RjSPXuZYHuZ]z ^
]kYnml\
KTUVW XYZ[\]X^[[^]YFV_`abcGdefgUF{ShjKFNR yMFySPShxjKSP \[umX
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab
z[XlzXuZ[Y]X^OhNPR~jNOShGPxK HFhG HLJXu[l]^HF{\luZ[ ]^ [Xum
z[l\XuZ]X ^OhNPR~jNOShGPxK HFhG HLJXu] ^Hyyz[uZ]X ^ ][Xm
KTUVW XYZ[\]X^[[^]lFV_`abcGdefgUJFhyKL||jNRSwjP~OhFG kR Y[muX
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab
uX\^lX^Z\X] ^RSyFRPShxjKSPOvhLMyvFGhjR\Xk] ^
Y[muX
KTUVW XYZ[\]X^[[^]zFV_`abcGdefgUJFQjPRFNiL||jKFRP LKjFOLN nXm
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab {FQ\[]X^XuZ\[]X^ L||jKFONy|LhJFPSOJFRyF{SP|Lh{FQ}]^ nXm
KTUVW XYZ[\]X^[[^]nFV_`abcGdefgUJMhSFMxShjOFPNLhOvF{ShjKFNKm ]Xkl\m[Y
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sU
Ft_`ab
hj]^X[nluXuZ[ ]X^Jj|SRiNPGSKOjLNFNihSRFO iGhL|SP jLNFRPShxjKSPXuZ]^ ]Xkl\m[Y
KTUVWXYZ[\]X^[[^\XFV_`abcGdefgUJMhOLN}P|jhSNK
]kYuXm
jao_pVUidbUiUcVqprb_aKTUVWP_qbK sUFt_`ab wz]Xu\XYZX ] ^FN MFRPShxjKSMNjO]^[YZ]^ ]kYuXm

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

#0
1

" 2*3
1&

-'"!
*

$45
#$%
&01

'()**+),-+ .

/
$#

6$#

7 '
74-

$#

%$0
&
'()**+),-+ .

4 '

-
'"

&
#
1

'39'*
"
-

%1
&

"
- ':
'-
$&
'()**+),-+ .

#$1 $

7 *:'
*

-
'
"4
'
4 $&

$

"

*

4 3"5
$&
'()**+),-+ .

/
;

'
6
'

*"': 2

*
'"3;
4

"

'

&
$
'()**+),-+ .

/
7 1
1

47"'- 7'

"74*:

&
$

0 *
"
*9

%

&$
'()**+),-+ .

$

*
"-4 "'-$

1 *"
*

"

"'

'

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

/
710$#

*"
*

"
2;4

'4
-
0%$#&

#
*"
*

"'
-4

3 &$
'()**+),-+ .

/
71$#

*"
2;4

'4
-

*

;4-'

1 &
'()**+),-+ .

/
0 $

'
: '
: -2

1 &

%0$&
'()**+),-+ .

/
$

$

!'*

'
:-!'-

-

0 %0$&

'*"3-4'3"
'
-4

3
*

%
&1
'()**+),-+ .
/
1

3
*2;4

'4
-

%
&1

%01&0

!"# !$"% &'(

()*+,

!./01
(-,+

*

!$2"#/3

**

! 2%
(

$2# "! 2 #!$2
-
+
(,
*(
((

# 456 37,3$7" $! )

)(*,

(
#/02!$"/!"3 2% .#& 71

)(*,
*(
((

# 456 3$$!1$7#"1
()
,

-
3 " 2# " 3 2% . % (.

()
,
*(
((*

# 456 32"3 2
*,(

( -
-
!&" $$2#/
+
,*(

(
*+-(+
( 32 2

,
*(
((-

# 456&$7 #$!2 ! 2%
()
,

718
(
&$7 #$! #/2& (
.*

()
,
*(
((+

# 4569
87$0 3 ",
()

,

973.
(.+

*

( :"& 2 # 7 "!% &
- (
-(,
973.(
-.+

(
- :"& 2 # 7 "!% &
(-
+,

*(
((

# 456;0$/7 "!$/!$")
)
*,

1(-(

$# 2 1 2
$
.$% 23
(.

)
*,

*(
((

# 456;0$/7 "!$/!$")
(
,+

1(-
*+
$# 2 1 2
$
.!$" 2 7"
(
,+
*(
(((

# 456"# /!$#2!
()

718
(
"# .
!/# 71

()

,-
*(
((

# 456,"/2!< $"
( ,-

"%+
((
7
3 2. %"!
( ,-
*(
((

# 456$$7
+*,

(*((
27$2 2 % .

+*,

*(
((

# 4561" # % 1$7#"1

+,*

(
(
% " /# =:!#;2 !

+,*

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

,-,
.
/,/-#

/01. 2
3

,-,
./4

#,-
/01.
12
3

!
"

2& #
/
!,
!5
"
#$%&&'%(
' )
*

6# #,/
3,1#-.
#/&31#/
.

!5
"

+ /-4.3#
+

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

5 57

1
./#1/6
,
+

7 /
8/
,38
/
!#"

"7
#$%&&'%(
' )
*

5 +

,38
6/
8

/./,8/11,#-,"

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

7
+

6//&&8
-
3 ,#

6//&&8
-
3 ,#

!
"

&
#

7"+
#$%&&'%(
' )
*

9

#,-
#83

1.-
14
#1-4/
:
2/

.

7"+

0/

/& #-3;

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

8//1
#83

!5
"

#$%&&'%(
' )
*

63
14
<
7

!5
"

&-4#:

"
#$%&&'%(
' )
*
8 .

/1
#
:/1
/,.
#,

1
#,/:
#12
+"
7 #$%&&'%(
' )
*

7 5
7

,1:

+"
7

1&
#
3 /

!

"+7
#$%&&'%(
' )
*
03

1&
.03

#3

!

"+7

/!#

#$%&&'%(
' )*

1 1,#-21

+12&0/
/#

+"5

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

*+&,

*-**.

/01
2"3

4"#
"5#6$ "#

! 4
-(*,.&-

*.% --
+ "!"#3" 4
#" #)"
+
-&+
*.% -
"!"#3" 4
#" #)"

-&+
*.% *
"!"#3" 4
#" #)"*

(-*&.

*-**,

/01
2"73#
6 ,(&

+-
*
%'#2
" 6#'"#)"-
*%-
*
+(&
.
-
%'#2
" 6#'"#)"
*%
-
(&

*-**+

/018" 9"#

&-*

*%-":
- !'"3"#"!$6#"!"

*%
-
-,&
*%-*":
-* !'"3"#"!$6#"!"

*%
-*
&+.

*-**+*

/01
43"#6"#

$ ;
(&

*+
-
"# 3"#)"%<"# 3% "# !
42"9
-
.&
*

"# 3"#)"%<"# 3% "# !
42"9
-
*(&

*-**+

/0125!
6
*( &

*%
6!!"#
"#
"#9#
4!"
*%

*( &

*-**+-

/016 )"#'$6 3"#)"5
6 '4
&
(.&

*-
- 8

#'"#)"%'$# 4!
(.&

*-**+

/01)"# 3
-+(*&

%-*.*
+'7"2
#"#7%9"$'
4 64*
%
-
-(.&
*%- .*
* -'7"2
#"#7%9"$'
4 64*
%*
-
(.+&
*%-,**
. -
4<"#73 3"5
6!"

,
%*
-
.+&
%-*,*
* -
4<"#73 3"5
6!"

*
%*
-
(*&*
-%*,*
+
4<"#73 3"5
6!"

*
%
-
*(&
+%-*,
*
4<"#73 3"5
6!"

-
%

-(&
%-,
* "<#7!"' 6 "#7%

'9" "
3-
%

(-+&

*-**+

/01
#
"6#
4 (-*&

*.
* 6 #!"(6 9
#!""6#
436#
. %
-*
*(&
*,-
. 6 #!"(6 9
#!""6#
436#
-%

*(&

*-**+

/01 (3"
#3"
*&+

!"
#$%&'

(
)(
(
*

+
,
$!"
-,.!

-! /0
!

1

2

!"
#$%&'
1

())

22
34
+
,
$!"
-,.!

-! /
0
!
52(

(6 2 (

(6

#
1

# (7
)8)
2
34
2

!"
#$%&'

9(
(8

(

8
2
32
+
,
$!"
-,.!

-! /
0
!

()
)#
) (

32
2

!"
#$%&'
#)

)

1

*
3
2:
2:
3
+
,
$!"
-,.!

-! /
0
!
28
2
)
1

# (
)
) 8
3 ) 3
)8
#

8
2
42
2#2
)

1

#
) 8

;)
((1
#
2
2
22

!"
#$%&'((3

(
3
<9=

24
3:2
+
,
$!"
-,.!

-! /
0
!
242 8(9
#
* 6

:

1 *

3:2
2

!"
#$%&'6((
#1

63

# 2:
24 2
32
+
,
$!"
-,.!

-! /
0
!

8

6
>
(#(#

*
9

32

8

* 9
#(7)
?:4

*
9

3
2

!"
#$%&'

(

8

<9=

24
34
+
,
$!"
-,.!

-! /
0
!
4
(

8
(
)(6

*
8
#7
#
8

:3
::
(

8
(
)(6

*
8
#7
#
8

3:4
44
(

8
(
)(6

*
8
#7
#
8

23
#
@1 (

#
1

!$'"?-$ "
!,
"?

A32

"?2A234
"? A2342

!"
#
$
%&'( )
*+,- ./0-1234-567258-9/+-1/3- :;*</=>?@872=0
*5/=A80B7=
@372=0
</=>@872=0CDEFGHD I JKLMNEDO HPQIRSTU VWXY Z[[Z\]DT^_`abEcdefSDHDIKNEgJhKIMNiLI W[jY\
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
H\WYYVqXrVY ZEgJEQgMOQI iEMN
W[jY\
IRSTU VWXY Z[[Z\sDT^_`abEcdefSDI QN
YZVj
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
[VsWY [VqXr[YVZNtgQh iLuNvI wDOYVZ
YZVj
IRSTU VWXY Z[[Z]VDT^_`abEcdefSDiguDNK DxPI
[VrjWq
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
qV]W[YqVqXr[YVZIOPDIQMOP L g LMDPVqXr[YZ
[VrjWq
IRSTU VWXY Z[[Z][DT^_`abEcdefSDPIiMOwDLDuQwQLMNQgviIQNxiLIj \x]WjZ
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
sr]YqVqXYs VZNItJJPIgJNNiLuuKDghNvI VqX[YFVqX Z
\x]WjZ
IRSTU VWXY Z[[Z]YDT^_`abEcdefSDPEiLQDyDghNiLI
ZxWjqr
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
W[V\YW[VqXV]Y ZNMDz NtigMN
ZxWjqr
IRSTU VWXY Z[[Z]rDT^_`abEcdefSDE PiQhDigzPMQgNxiLIj
[xrsj]
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
Z\rVWVqXY] VZHPhuDLhE DigzPMQgN
[xrsj]
IRSTU VWXY Z[[Z]ZDT^_`abEcdefSDE PiQhDLhNIDEQwDMQgiDPNxiLIj Zx\rjsZ
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
[Zs\qVWX[VY ZDNtMEDg{EPDOugJKLhziHQgiLNMDPWX[VYZ
Zx\rjsZ
IRSTU VWXY Z[[Z]qDT^_`abEcdefSDNIQLM vigJLwQLMDPxiLIj [rxWVj
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
YVr[ZsjV[FYVqXY] VZIPiwDMQDIMiJLEPDLhQv PJEwQLMVZXY [rxWVj
IRSTU VWXY Z[[Z]WDT^_`abEcdefS wDM tQyDviP
rYsjZ
i`k^lTShcaShSbTmlna^`IRSTUN^maI oS
Dp^_`a
VW[YZQ|EVWX[Y VZQ|EQLN g iwHKgNQwQLMFHJJMNVWX[ YZ
rYsjZ
IRSTUVWXYV Z[[Z]\DT^_`abEcdefSHD{QgMiPOKNxPE
\xqVj
i`k^lTShcaShSbTmlna^`IRSTUN^maI oSDp^_`a

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

.
/$
'0%1"!*(!!)"213(%'
!"#%2(
4!5%&'(
$/

6.

7$

/$

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

9
'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(
$/
7 $
..:.

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

/
'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(

.

7

/

.

8

8

.

$

/

/
89 6

.;

$
/

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

8
$
'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(

$ .
<

$

$

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

'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(
$ $
<6

8
6
9 $

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

'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(

$/

/

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

/

'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(

$
$
$

6<
$
$
/

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

/
'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'( 8=
$
8 88

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

.
$
/
'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(
$
$

8

..
8

$

$
/

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

<
.

$

'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'(

$
$

6

/

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

8
$

'0%1"!*(!!)"213(%'
!"#%2(
4!
5%&'( 8=

.
8=
$

!"# $$//"%&'()*+,-!
8

8

<

<

'0%1"!*(!!)"213(%'
!"#%2(
4!5%&'(
$

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

,
+

/0
123-
$
/3
.
!
.+)
!

"#$$%#&
% '

(
)
+

$
/3
/3

4
- 3/

5

.+)
!

7 !
"#$$%#&
% '

(
$65

5

4,47
16
4
,
/
3
,

/8
5$

/0
1 7
37

.
+!
"#$$%#&
% '

(

)

8
-

7 .
+!

322

- 14-/

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

(

+

$

$

.)+!*

2
$ 9

"#$$%#&
% '

(
)5

+ )

8 ,
$
6 1

)!+

)
+

8 ,
$
6 1

23-

3 33

. !
"#$$%#&
% '

(

* )

,4/29 -

6
)

.
!

,
/

6

:16

6

.
)!+

4
$

+
2

803

/ -0
,

. !+*
"#$$%#&
% '

(

* +
*
/43
/3
7
/
4
/
6

. !+*

)
2
3
/23$
-/303$132
2
3
/
!
"#$$%#&
% '

(

+
*

/ 1 3
6 /
6

*

**
*

/ 1 3
6 /
6

*

*

*

/ 1 3
6 /
6

*

*
,
4

/.

!

.*
!

"#$$%#&
% '

(

3
/
/;-

.
*!)

)+ 0

3
/
/54.$ 0;-

. +!

*

7 $ 36
57 37

$
/

)
+!

/4

$1
$/4
63
.

!
"#$$%#&
% '
(

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

/01

%2#3! )& '!435&#% !"#4& 6 7#$%&
/
/
/

-
( -8

8
/

/01

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

%2#3! )& '!435&#% !"#4& 6
7#$%&

/
1/99
9
(
1

1/9

9
!"

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

0

%2#3! )& '!435&#% !"#4& 6
7#$%&
/

.
. -

!#$%&'()*+, (
/09

/1
%2#3! )& '!435&#% !"#4& 6
7#$%&
:

/
( (

/
8

/09

/1
!"

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

0

%2#3! )& '!435&#% !"#4& 6
7#$%&

8

(;
.(

0

!"

!#$%&'()*+, -8

%2#3! )& '!435&#% !"#4& 6
7#$%&

/8
<(

(

1!#$%&'()*+, .

%2#3! )& '!435&#% !"#4& 6
7#$%&
1
1

(

1

(
(

90/1

9
1

(
(

9!#$%&'()*+,
<< -

9
%2#3! )& '!435&#% !"#4& 6
7#$%&

8
/

- (

8
/

/

- .

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

%2#3! )& '!435&#% !"#4& 6
7#$%&

9 8
/

/

- 8
/

!#$%&'()*+, -
9

%2#3! )& '!435&#% !"#4& 6
7#$%&

1

8

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

%2#3! )& '!435&#% !"#4& 6
7#$%&

91
1

-
-./
0

/

!"

!#$%&'()*+, .-
9

%2#3! )& '!435&#% !"#4& 6 7#$%&

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

#.!/

'$

%
0/1$!#

!0$
2 3!"#$
45& +-

+
+4 ,

5& 6
+
+
+

!"#$%&'()*

7+
,

#.!/

'$

%
0/1$!#

!0$
2 3!"#$
5& +-

,
+

66

!"#$%&'()*
7

6
8-

94
#.!/

'$

%
0/1$!#

!0$
2 3!"#$
+

7

94

!"#$%&'()*
7

-
:
94
#.!/

'$

%
0/1$!#

!0$
2 3!"#$
4 -
6- 4
94

!"#$%&'()*
&
6
;-

94
#.!/

'$

%
0/1$!#

!0$
2 3!"#$

,7-

-
94

!"#$%&'()*

6-5
6
, +9

9
#.!/

'$

%
0/1$!#

!0$
2 3!"#$

-
8
+
+

+ ,
9

4
!"#$%&'()*

-
7
9-

4
#.!/

'$

%
0/1$!#

!0$
2 3!"#$

4
+
4

!"#$%&'()*

-
9

4
#.!/

'$

%
0/1$!#

!0$
2 3!"#$
4

-
&-
+
4

!"#$%&'()*

9

#.!/

'$

%
0/1$!#

!0$
2 3!"#$
4

7

+
8 +

!"#$%&'()*

,- 76
+
9
#.!/

'$

%
0/1$!#

!0$
2 3!"#$
:4 5&-

++

+,

6,
9

!"#$%&'()*
+
-
8<
-

#.!/

'$

%
0/1$!#

!0$
2 3!"#$
5&
+
+

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

#.!/

'$

%
0/1$!#

!0$
2 3!"#$ 4 66
& -

!"#$%&'()*
6
-6

4
#.!/

'$

%
0/1$!#

!0$
2 3!"#$

!"#$%&'( '

)

*
+," ,!-+.

- /0

(
1,& 2&
3('',4

)

!"#$%241',2& 23)

*
+," ,!-+.

- /
0

2 ',5,2( '
63&7

!"#$%24(2)

*
+," ,!-+.

- /
0

(8 2''4 8') )(84,

!"#$%48

)

*
+," ,!-+.

- /
0

(2&1

)

4 8
)

'(((424 832
)

!"#$% 5 37,
(',

*
+," ,!-+.

- /
0

,'243

!"#$% 52'21'2
)

*
+," ,!-+.

- /
0

2 2 32

)

!"#$% 591:

)

*
+," ,!-+.

- /
0

)

!"#$%,8
'),',

*
+," ,!-+.

- /
0

(4,(' 2 23)8,2''&'4

!"#$% ,' ')(, :

*
+," ,!-+.

- /
0

4 2

428 &4 29(4,

!"#$%28') 18

*
+," ,!-+.

- /
0

(4,(' 2 23)8,2''&'4

!"#$%
&)8

*
+," ,!-+.

- /
0

4 2

428 &4 29(4,

!"#$%
'6'2';<

)
*
+," ,!-+.

- /0

, 6(',:2'

)

18:5 ,2

)

!

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

%/#0",-(&,-,'"102&#%3,"4#1& 5,6#$%&

7

789

7

:
;

7

98
-<

!

"#$%&'
()*+,
88

%/#0",-(&,-,'"102&#%3,"4#1& 5,
6#$%&

!8
-

9 .#&(+'<1(%'"&0#%'<
=

3,"4'<

=

!'< =

!"
#
$
%&'() %*
+,-. /01.2345.678369.:0,.204. ;<+=0>?@A983>1
+60>B91C8>
A483>1
=0>?A983>1DEFGHIE J KLMNOFEP IQRJSTUV WXYZ[ W\]]^\[EU_`abcFdefgTEhEiOKMFKQjJRFkKhLJNO lW]m\
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab
jMt\]^uXuWXYWlZ \FJlGF [^EiiK
lW]m\
JSTUV WXYZ[ W\]]^\uEU_`abcFdefgTEQFjMREvEkhOjMJ
]w^u[m\
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab
X]W[uuWXYW\Z \ONEx OyjkNO
]w^u[m\
JSTUV WXYZ[ W\]]^\zEU_`abcFdefgTEiRkjJEMQ {LE{RORktjJRO ZWm^
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab
u]^X^WXYWlZ \NkMOQ|jMNRkFOtJ GEkF G}KI~WXlZ\G{{WZXYlZ\ ZWm^
JSTUV WXYZ[ W\]]^WEU_`abcFdefgTEF QjRhEjkxQNRkOwjMJm ]wXWlmu^
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab
\[lZlWXYW Z \QjIkE PjkxQNRkO
]wXWlmu^
JSTUV WXYZ[ W\]]^]EU_`abcFdefgTIQEjOhRQOIL jMR FkKhLJNO ^ulm[
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab iEPZ\WXYW]Z \ KxxjJROLF QjROW^Y]G^Y[Z\
^ulm[
JSTUV WXYZ[ W\]]^ZEU_`abcFdefgTILkNKMOxjkRMJ
\lw^Zmu
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab vuZW^^WXYW Z \tRyFLiFKtRky ENjM{XYZ\
]wz[^mW
OX\^l]WXYW Z \xjkRN LJyEMhQRK
XuZmW vu]zW\WXYW Z \xjkRN LJkRFEjk~Z\]XYZ\
]^w\lmX\ vu][[W\YWlZ \xjkRN LJkRFEjk~Z\YlZZ^w\lm]W JSTUV WXYZ[ W\]]^lEU_`abcFdefgTJEQGvRONQj{yNM{|Oj{MEQ iEjMNR E JR ]\wl^m\
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rT
Es_`ab
Z\WXuW\YlWZ \xPZlG\ONkR NQj{yNiEjMNR E JRW\YZ
^wZzlm]
Z\WXzW\YlWZ \xPZlG\ONkR NQj{yNiEjMNR E JRW\YZ
\wZmW^
Z\W^]WW^Yl]ZW\xPZlG\ONkR NQj{yNiEjMNR E JRW^YZ\
lw^[m]
Z\W^]]W^Yl]ZW\xPZlG\ONkR NQj{yNiEjMNR E JRW^YZ\
]wZXWmz
JSTUVWXYZ[ W\]]^\EU_`abcFdefgTxkRiKMNJyRtkKQRNYxkRiKMNILjJ {iJJEhjQEJ \umz[
jan_oUThdbThTcUpoqb_aJSTUVO_pbJ rTEs_`ab

!"#$%&

'()
(

( *
+
,#!,"
-+.!

-! /0
!

('12(

!"#$%&(
3

5
( *
+
,#!,"
-+.!

-! /
0
!

('1
67)'

5

!"#$%&4

( *
+
,#!,"
-+.!

-! /
0
!

8('9):
(;(
(

!"#$%&
4
,)'
3
'8('4
'

5
( *
+
,#!,"
-+.!

-! /
0
!
(' )

8(
'

5
(' )

(

('

!"#$%&,

4 '

7)
(

( *
+
,#!,"
-+.!

-! /
0
!

('1
('
1

!"#$%&,

)
('5

( *
+
,#!,"
-+.!

-! /
0
!
( :(4

!"#$%&
4:

( *
+
,#!,"
-+.!

-! /
0
!
;

!"#$%&
'8('4
'

1(
(
5
( *
+
,#!,"
-+.!

-! /
0
!
< ,);

48

5

!"#$%&
6
)35

5
( *
+
,#!,"
-+.!

-! /
0
!

(1

!"#$%& 14

(
5
( *
+
,#!,"
-+.!

-! /
0
!
2

4 '

(,

5
44)'(
32
(,

4 '

!"#$%& 1,('

( *
+
,#!,"
-+.!

-! /
0
!
'

(
'1(
('1
8(
=
)1 >

!"#$%& 1('1

( *
+
,#!,"
-+.!

-! /0
! ,
:
,'

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

$,'-.//
-.

*
+

*

0

$-./
1-

2', /

'34/2/
$

*!
*

5 12/
$4/2

*

+

/$

!

+ .,
1
-
,
' 17
/

!
+
!

"#$$%#&'% (
)

65,'5/
'
$.0
'
.
/'
8

'
$ $-1,

+
!

*1
'.6,-
'9 -
6'

"#$$%#&'% (
)

+ 4

-
-

3

-
-
$.66,

'9 -
6'

"#$$%#&'% (
)

3

'6/6

..6 .8/
3 +

3

$6.$

/
6 -
3 * !

3

'-.

.8/
3*

$,'-
/ ,65

', /9 !

* !

"#$$%#&'% (
)

+
/,65

', /

'3, 15,- .
'
65/9

* !

-1

1634-
'

"#$$%#&'% (
)

8 3-
6',5
-.
,$

;!..2
.6
9 *+!

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

5' /

' -'<
' .

*+!

25$.,6

-'./,-
.
'

"#$$%#&'% (
)

/
' 96

-
*+* 3
3

*+ +

/
' 96

-
*+* 3
3

/'/

"#$$%#&'% (
)

+
,$
-
'
8

'3
.8

6 -,$
-

60
/$4.2

/'
8

"#$$%#&'% ()

'-
8

'3.66,

-9

- =

*
!

'-
8

'3$=

*

'-
8

'30

'-
.
=

*

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

(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()
!
6

76

8

9

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

6

!
(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()

9 7
:

9

6

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

!
(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()
!

!
!

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

9

(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()
!
!

!

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

9
6
6

1
(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()
! !!

:
1

"#$% $&'()*
+,-.#:1;

(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()
! !

!

"#$% !$&'()*
+,-.#
9

!
(/&0$#1+)#1#*$203)&("#$%
&2) 4#
5&'()
!

1

!
!

1

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

(/&0$#1+)#1#*$203)&("#$%
&2) 4#5&'()
<

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

6
=

!

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

,-.
/

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

,.
/

0 123040)"&)!"#%!**&)"0.!/
,
.-
/

0&56!*$6$!%7 $!%&#7$)7 &0 0&5

,
.-
/

0 1230)%7$0&)6)%)!.!
,.-/

)66"!%'$!**$6$!%"0 #$
,.-/

0 123&)&"! $&*# ))&.!

./-

,-

70#%$*# &$0#$6$!%

,-,

+0#%$*# &$0#$6$!%

,-

&% 0#%$*# &$0#$6$!%
,

.,/

0 123&)8&)%+$&)!%&"%)!

.,
/

"&8.*"% $&.!$9#4&$0#$6$!%.0&5
,
,

.,
/

0 123&)'%)!+! 6)%)#$':8$'

.
/

- -
0&)($ )!#$&7$,
,

.
/

0 123($& %&!%.!/

./,

(
!0

&$%&! *9&0

./,

0 123#!)#!;" %
-/

0))#+$6#
-/

0 1236%+:)! $# %&.! /

.
/

,
7$# %&#$&7$

,.
/

- !$9&4 )"%#$
-

.-
/

0 123$!% &7#$)46%+
,/

,-
-
-
4$'
,/

0 123#$<%

-
$<0

$<0$! & 68"&$6$!%
-

0 123%"&(%&.!/

(#$ %"0 #$%)&)8$#%

0 123"!7$&#8"!*$&7$:
"0 #')/
.,-/

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

!"#$"%$& %)"#

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

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

- **(.

) /012,34!") $)56$
5 $6
+*,

6
)56$

+*,

- **((

) /012 # 5$# !67"!2)+#
*.+(,.

28
* $# )9!$:$ ;!"4)"!%$"&
28
*.+(,.

- **

) /013!!!#3% #$5!#

+-,*

*(
*
*-$ #'2$#
*-
+
,-
*(

*- 7!#$
*-
+,

- ***

) /01 ;97 !9!) #
*,

&)#3

#3 $ 65
*,

- **

) /01 !"!$2" 5
*+,(

*(.
*2"6$+2'!"6$$2" 572"
*&
*
*+,(

- **

) /01"$;!!)23#;+#)
*+
(-,

*.
* #$7#%
6 $#%7'
% 9"2

*
*,
*

#$7#% &'6;#!;)"!
$ &% 9"2

*+,
*

* #$7#% &'6;#!;)"!
$ &% 9"2

*
*,
$'
- *-

) /01<$"!9!#7#** *
-
(-
*+-,

.-
.

!#$ &
*
*+-,
$'
- *--

) /01#$ '" $9!#!75!2# 7*
-
* -
*+,

* $# !66)#$6$ !
*&

*
*+,
$'
- *-.

) /01 7!%!$ !=9>*-
*
.-

-,

-
-(*
. 9)9" %$
-,

$'
- *-(

) /01 6$ "!)!# )# 77"!2)**.
*.(-

+*.,-

"$%
- $;)"4)#? $@"$%;&% 9"2

*
.,-
.
. $@"$%;'!" 9$)"!#!7)"!
$ &% 9"2

+(,
$'
- *.

) /01 @2$ ' $2+,*(

.*. *+
(,-

!"# $%&'(

") *+, $-. %/0&$
.1(&
2 3&

3# 4#) ",*
34#+),* (5&
3 4)"*#,

!"
#
$
%&'() *
+,-. /01.2345.678369.:0,.204. ;<+=0>?@A983>1
+60>B91C8>
A483>1
=0>?A983>1DEFGHIE J KLMNOFEP IQRJSTUV WXYZ[ \]]^W\EU_`abcFdefgTEIJhijRF KNRJNiKMkMJl XmWl^
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
^ZuvWuY[W \hQR Nw iMxLOyRjzEiMNR E JRuY[W \
XmWl^
JSTUV WXYZ[ \]]^WuEU_`abcFdefgTIEijp{ jiO|RQJKzzLMiNP FQEM ix
uk [l
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
]^mWW^Y] [W\ KMGJEQF EM ixORj}iJROuY][\GuZ][\
uk [l
JSTUV WXYZ[ \]]^W^EU_`abcFdefgT~KORFylIEQNI
[\Zlv^
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
Wu[v\RwFW^Y[\ W\RwFRMO j izILjORzRMNROjiLORjJKMhRj MJ WXY][GWXY]v[\ [\Zlv^
JSTUV WXYZ[ \]]^WXEU_`abcFdefgTILjREL}RjiNEOMKjNyEzRjiJEMJl ][ulW
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
ji[\Wu \W^Y]Z[W\IihRQpMOFRJNiKMEMpjRQEN pFjKhRO iKMEQORj}iJROW^Y[\ ][ulW
JSTUV WXYZ[ \]]^WmEU_`abcFdefgTILjNKMOhijRMJ
\kv l[
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab m]vZXW^Y][ W\FLzFNyjKNNQRiO LR \Y]^[\
\kW l
O^\umXW^Y][ W\hQR NOLF QiRO
v\l[
JSTUV WXYZ[ \]]^WvEU_`abcFdefgTJEQO hRNPiMJ
[vXl^m
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
ZW^[mW^Y]Z[W\[\jRhQ JNi}RFEp QROGFKiMNKhOEQR
[vXl^m
JSTUV WXYZ[ \]]^WEU_`abcFdefgTJEQihKjMiEILiQpMxKhhiJEQO Zku[Wl
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
]X^]W^Y][ W\JEQIKGNjEiM xE pR LJENiKMWvYZG]YZ[\
^[Wl
]X^[W^Y][ W\JEQIKGNjEiM xE pR LJENiKMWvYZG]YZ[\
[kvWl
JSTUV WXYZ[ \]]^]EU_`abcFdefgTONE RpiOILjORzRMNL iN
]lZm
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sT
Et_`ab
F R^l[ \W^Y[X W\ xEjMiOyGJEOR[W []mZ^uGYv[\G^ \
]lZm
JSTUVWXYWZ[ \]]^[EU_`abcFdefgTJENK
[Wl
ian_oUTpdbTpTcUqorb_aJSTUVO_qbJ sTEt_`abW^[m\~yW^Y[u W\EJNi}ROyKKNRjOPzFKOiLzG~ EMyRj EW^Y[m \ [Wl

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

.
/
.

.
/

#

/

$
"
0!
$
1"2!
&

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

$# .

&
.%..

$# .

&
.%
.

$# .

%
.

$# .

%/.

$# .

%%.

$# .

.3 1
!
2!
%&.

!'())*(+#* ,
-
!

.//

3 1
!
3 1 $3
)

$4!
%&.

5!05
# $

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

.

/

1"678!6
6!

/

.&%

!
#

/&

!'())*(+#* ,
-

!"9!)
$
#
.
&%

%
/

!"9!)
$
#

%&/

%!"
55 6

%2
%&
!'())*(+#* ,
-
/

#3$ 85
"

%2
%&

/ "#38#
)!
:;
!5

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

%
"#3 $
!#36
%

&%.

!"
58 !

/2%&
!'())*(+#* ,
-

: .

.<
56 1
"#
!#

)!

#$ "6 3

2/&

: .

.<
56 1
"#
!#

)!

#$ " !$

2/&

: ...

.<
56 1
"#
!#

)!

#$ "6

2& .

2%.& %
!'())*(+#* ,- 91
:

1 6
#51

2%.& %

#8$
#2!
&

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

*,-

,
**

$ ./0"12&3(#"&($ %&#

4*4

$56%!( 5!3"!6!#6!#%$3"5!

*4
-

4

$5#%! &"!)1#&""!% ! 6!#%

,
**

$ ./0"!5(7(!

,-4

23#8

"!3$ "!

,-4
,
**

$ ./0&&"!1#% ($ ! 9#-
9
*-

663#%&# 1

9
*-

,
**

$ ./0!%1" 7#6&7!(

*4*

, "! %6"!:3$6!#%$(%

-
,
**
,

$ ./0!:3 ;# &(6%&#) "

*-4

*(!%3(!3(!$&(% ! +

*-4
,
**
4

$ ./0!7#<( <%&#$(&3%#-
*-

* $(=3$ "!+%(! %($#5(%1"
*-

,
**

$ ./02!# !(- 3<5%

6(5

* "!<"!()!%5(&3<56(5

-
,
**

$ ./0 (!6&#% &(
3%&&1&
(!6&#%
,-

% "1 &#)!(% )!

-

*

% "1 &#)!(% )!

-
,
**
*

$ ./0 (!6&#% &(
4-

"! %$(%+ 3!"%3!3$ &(%
4-
,
**

$ ./0 <5#" #$!6#<!6!#%9
#-
9-*

!*
*

4 !#&(!#% (5 3$(3#<

4
*9
-
!*

4 5!( 1%#$&(% !"$(=#!7( <%&#

4
49-*
!*

4 "'"! 5(3!6&)"+5!( 16!#

4
*94
-
!*
,

& %" ! (!%&(%&#

*9 -
,
**

$ ./0 <6!%
9,
-

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

,

* *

& /01 !!()$)2"+(-
+-.

(#.

$3 %(!45)$ 2)"("2)$
.

+-.

,
* *.

& /01 !(!$
+6
-

7,6.7.
,

* 5$%(!
%(8$)
-,
7.
,
*%$
$5
7-
7 6
*.

" 9
!
.-
7 ,*6 7

:2)9'$)%
2 *-
7 ,.

"%$2) $
,7-
7,
7 6.
.
*

%$ &)$
*7-
7,7
.

;%""&$# ()"(5)
-*7
76.
*,
.

$&%$'$()%$(
7-
7*.

.
*
7
$%
"5
6-
7*., *
.
*
&"&$%
.-

7*6 .

* &"&$%
*-7

,
* *

& /01 %";)5$+%
*+.
-

(
*7,.

*
22) & ")4(2)3'"()"(!<2(

+
6-
(
,
.
*
22)$ 2(&"$ '3

+
-

,
* *,

& /01 ($%)$ %'4 ")$
*+.7
-,

(
*7

)( )"()= 2)4"())$#$:

*
6*-
(
*7*

%$)= 2)$#$:

*
+,
-*

,
* *6

& /01(5%"

-

,*
*

')$&%"8

-

,
* *7

& /01) $ ( ! '5) $
+,
-

$=&

.

.%&$ '$'
$ &(%&$ "(;$ (
$!) "(
+,
-

,
*

& /018%8 $2)9$
.+6-

$2$'
;3
.

$2)"(%$'
2$'$();3*&>$'( !'"($
.+6-

,
*

& /01%$
) 35 )'"$

7-

6.
6 .
*
&";$ "(%$#$ ( ) "2! '3*+

7-

,

& /01 '$"'
,
-

6

* ) $;%(!
,
-

!"#
!$% "!

&
'(
)*++,*-!, ./

1
% 2"+#
!$% "!' 0

&
'(

"#1
" 3$!42$"!4
"$

(
)*++,*-!, .
/

6
3

1 +"!$ "3
!0

(

' 2$"47
4$7
"$ !3
43 "

6(
)*++,*-!, .
/
5

04

"$+$7
!4!0

3 %!8
4 $

&
6(

)*++,*-!, .
/
50

" 24
$ $
3 !$
$ 3 4%7$!'
0'

('
6 0 '

" 24
$ $
3 !$
$ 3 4%7$!
0'
6 (6

5'60
'

" 24
$ $
3 !$
$ 3 4%7$!
0'
6 &
6(5
'
0

" 24
$ $
3 !$
$ 3 4%7$!

0'
5 (

6
'0

" 24
$ $
3 !$
$ 3 4%7$!

(

" 24
$ $
3 !$
$ 3 4%7$!

&'
(

!"
!
4

6& (
)*++,*-!, .
/
'
5

6
!+
94
33!
$ 0'
60

6& (

5
+ #

5(
)*++,*-!, .
/

0 :

4
%

12 !

"$0% "$9 $"%9
!7

0

6
2"+ 2;
'(
)*++,*-!, .
/

6 :

6
1$
12 !

"$

6 '(

!

#
% 2&"(
!
+%9
"

&
6(5
)*++,*-!, .
/

6 5

9 !
"!$"4!0

&
6(5

'

"$ #4

!$7

)*++,*-!, .
/
6 ''

'
!$
343 "
5 (65
)*++,*-!, .
/

(

% "!70!
'
6

0
6

0 5 (65

' !2 3$!"9
"# "
"$4

&5('
)*++,*-!, ./

!"#$

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

'/%0#"1*("1")#203(%'
!"#$%2(
4"5%&'(

67

!"#$

#%&'()*+,-"

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(

8 19

!"#$

#%&'()*+,-"

7 6.

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(

: .7

8

7

!"#$

#%&'()*+,-"7
77

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(

.

6 1 1

7
7

!"#$

#%&'()*+,-"7 116

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(
8

1 1

1 1 .

!"#$

#%&'()*+,-"
7
:

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(

6.6
8

6.
;
8

6.6
8

6.
;
8:

6.6
8

6.6

6.6
8

.
7

!"#$

#%&'()*+,-"9

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(

;

6
:

!"#$

#%&'()*+,-"

7

'/%0#"1*("1")#203(%'
!"#$%2(
4"
5%&'(

:
81

1 18

!"#$

#%&'()*+,-" <1=

'/%0#"1*("1")#203(%'
!"#$%2(
4"5%&'(

;

:
:

!!
"
#$%
&'

(')
( *+
$,

-./

0
! 1
234!- 2!

"
#$%

/
-2
-
62 - !

5%#
&'

(')
( *
+

5 $5

0- 4!- 5

"$
%5

#,

5

-
-
4!-

,

5 "

%
5 5

717
4
!
3! 5

5 2
2!
3
-.

"5#%

&'

(')
( *
+

3!
4
"3!82
4

3
-. 3

"5%

$#

#
3!
4
"3!82
4

3
-. 3

,

$

"
%

934
!
3 -

5"
#
%5$
&'

(')
( *
+

-
-
!
"
#%

$##

-
-
!

"
%#

- 2
!.

5%
&'

(')
( *
+
5

,8:
!

7
362!
83!
,
;<

5%
8-

#
-6 ! 8-
273-2!

$

5 %
&'

(')
( *
+

-2-7- 7!,:3!

434

5 %
8-

#

/074
4! 4!-

"!%

$#
$5

%
&'

(')
( *
+

8,$5
,
#$

/2
0

24!
-2!74
,5

%
96 23!-
. 67-=-('=

>
"5
%
#
=

"5
%
8-=
>
"#%
Item D. 2.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Brian Simon, Lieutenant
SUBJECT Waive full reading, conduct second reading by title only, and adoption of an ordinance re-adopting Chapter 2.50, “Military Equipment Use Policy”, to the Newark Municipal Code
California Assembly Bill 481 requires that Newark Police Department seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as “military equipment” and approve the Military Equipment Use Policy. At its July 27, 2024, meeting, the City Council introduced an ordinance approving and re-adopting a military equipment use policy as stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in compliance with Assembly Bill 481. A second reading of the ordinance is required.

Attachments
Military Equipment Policy
Military Equipment Ordinance
Military Use 2nd Reading Memo

DATE
TO
FROM
July 25, 2024
Honorable Mayor and City Council Members
Brian Simon, Lieutenant
SUBJECT Waive full reading, conduct second reading by title only, and adoption of an ordinance re-adopting Chapter 2.50, “Military Equipment Use Policy”, to the Newark Municipal Code California Assembly Bill 481 requires that Newark Police Department seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as “military equipment” and approve the Military Equipment Use Policy. At its June 27, 2024, meeting, the City Council introduced an ordinance approving and re-adopting a military equipment use policy as stated in Chapter 2.50, “Military Equipment Use Policy” of the Newark Municipal Code in compliance with Assembly Bill 481. A second reading of the ordinance is required.

Attachments
Ordinance
Policy
Item D. 3.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT    Waive full reading, conduct second reading by title only, and adoption of an ordinance amending Chapter 2.28 of the Newark Municipal Code "Personnel System"
On June 27, 2024, the City Council approved the first reading of an ordinance amending Newark Municipal Code Chapter 2.28, "Personnel System", to align with current City policies and procedures and industry standards. The following is a summary of the substantive changes:
•    Provide that personnel-related tasks are functions of the Personnel Officer, appointed by the City Manager;
•    Provide that all Department Directors are exempt/ “at- will” and removes City Treasurer from list of exempt employees as this position is no longer active; •    Revise language regarding part-time employees, examination process, appointment process, and probation to align with Personnel Rules & Regulations and current practice;
•    Remove language which is part of the various Memoranda of Understanding (MOU) and subject to the authority of the MOU; and
•    Remove language that is part of the Personnel Rules & Regulations and/or part of other City administrative regulations.

A second reading is required before adoption.

Attachments
Ordinance amending Chapter 2.28
Exhibit A
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK
AMENDING NEWARK MUNICIPAL CODE CHAPTER 2.28, “PERSONNEL SYSTEM”
WHEREAS, the City Council of the City of Newark adopted an ordinance establishing Newark Municipal Code (“NMC”) Chapter 2.28 in 1963 to provide for a fair and equitable system of personnel management; and
WHEREAS, staff completed a review of NMC Chapter 2.28 regarding potential revisions to align NMC Chapter 2.28 with current policies and procedures, streamline the code, and remove redundancies with other administrative documents; and WHEREAS, the City Council desires to amend NMC Chapter 2.28 to provide certain substantive changes including clarifying the role of the Personnel Officer, providing that Department Heads are considered “at-will” employees, revising language regarding part-time employees, the examination process for hiring, the appointment process for employees, and removing redundancies with other administrative documents such as the Personnel Rules and Regulations, Administrative Regulations, and Memoranda of Understanding.

THE CITY COUNCIL OF THE CITY OF NEWARK DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

The above recitals are true and correct and make a part of this Ordinance.

Section 2. Amendments.

Newark Municipal Code Chapter 2.28 is amended as shown with revisions in Exhibit A, which is attached hereto and incorporated herein by reference.

Section 3. Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Newark hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

Section 4. CEQA.

Approval of this Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions that do not authorize any new activity, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

Section 5. Publication and effective date.

Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Newark, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

Chapter 2.28 PERSONNEL SYSTEM
Newark, California, Code of Ordinances Created: 2024-03-08 11:48:08 [EST] (Supp. No. 22, Update 4)

Page 1 of 9 ends

Chapter 2.28 PERSONNEL SYSTEM
Sections:

2.28.010 Adopted.

In order to establish an equitable and uniform procedure for dealing with personnel matters; to attract to municipal service the best and most competent persons available; to assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; to provide a reasonable degree of security for qualified employees; to set standards for employee conduct; and to provide for discipline and dismissal of employees for cause, the personnel system in this chapter is adopted. (Ord. 77 § 1, 1963)

2.28.020 Personnel officer.

The city manager shall be ex officio personnel officer. The city manager may in writing delegate any of the powers and duties conferred upon him as personnel officer under this chapter to any other officer or employee of the city, or may contract for the performance of such duties. The personnel officer shall be selected and appointed by the City Manager. The city manager Personnel Officer shall:

A. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the council;
B. Prepare and recommend to the council revisions and amendments to the personnel rules. The city attorney shall approve the legality of such revisions and amendments prior to their submission to the council;
C. Prepare a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the council, the City Manager, or the personnel officer, as required by the Personnel Rules and Regulations; D. Prepare a plan of compensation, and revisions thereof, covering all classifications in the competitive service. The plan, and any revisions thereof, shall become effective upon approval by the council; E. Recruit applicants, conduct examinations, and establish employment lists, and make appointments for positions in the competitive service. The City Manager shall authorize appointments for positions in the competitive service.
(Ord. 77.10 § 2, 1979; Ord. 77 § 2, 1963)

2.28.030 Competitive and exempt service.

A. The exempt service shall include members of the city council; members of appointive boards, commissions and committees; the city manager, the city treasurer, the city attorney, and all department heads; technical consultants engaged under contract to provide expert, professional, technical or any other services; volunteer personnel; temporary, part-time, and seasonal employees; emergency employees hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; and persons hired by the city under public service employment programs. such as, but not limited to the Comprehensive Employment and Training Act (CETA).

Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 2 of 9 ends

B. No provisions of this chapter or resolutions pursuant thereto shall apply to any employee or classification of employee in the exempt service unless the employee is specifically included in the provisions.

C. The personnel officerCity Manager shall appoint, discipline, or dismiss persons in the temporary, part-time, seasonal, emergency and public service employment exempt service categories as necessary. Department heads shall discipline persons in the temporary, emergency, and public service employment exempt service categories as necessary. Such action shall be based upon the principals of merit and fitness but need not be made in accord with the formal provisions of this chapter or the rules adopted pursuant to this chapter.

Further, the personnel officer shall enforce any other provisions of this chapter or the personnel regulations applicable to the categories of exempt positions.

D. The competitive service shall include all employees not in the exempt service. All provisions of this chapter and resolutions thereto shall apply to all employees in the competitive service unless the employee or classification of employee is specifically exempted from the provisions. (Ord. 77.10 § 3 (part), 4, 1979: Ord. 77 § 3, 1963)

2.28.040 Permanent part-time employees.

There is created a permanent part-time classification for employees who work in positions in the city at least thirty hours per week. Such employees in this classification are to be hired at the discretion of the city department head, subject to the approval of the personnel officer. Employees in this classification are to be granted vacation time on a pro rata basis and uniform allowances on a pro rata basis, where applicable. The prorations mentioned in this section shall be determined based on the number of hours per week worked. Employees in the permanent part-time classification shall be subject to the same salary steps as those of regular employees on a pro rata basis.

Employees in this classification are to be subject to all personnel rules not inconsistent with the provisions of this chapter, except that they shall be entitled only to the fringe benefits provided in this section, which are: pro rata vacation pay and pro rata uniform allowances, where applicable. (Ord. 77.10 § 3 (part), 1979; Ord. 77.4 § 1, 1970: Ord. 77 § 4, 1963) Reserved.

2.28.050 Rules—Adoption and amendment.

Personnel rules, prepared by the personnel officer subject to this chapter and to revision by the council, shall be adopted, and may be amended from time to time, by resolution of the council. The rules shall establish procedures and regulations governing the following phases of the personnel system:

A. Preparation, installation, revision, and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; B. Preparations, revision, and administration of a plan of compensation directly correlated with the position classification plan, providing a rate or range of pay for each class; C. Public Aannouncement of all examinations and the acceptance of applications for employment; D. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
E. Appointment of persons from employment lists, and the making of temporary and emergency appointments;
F. Evaluation of employees;
Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 3 of 9 ends

G. Transfer, promotion, demotion, reclassification, and reinstatement of employees in the competitive service;
H. Separation of employees from the city service through layoff, suspension, resignation, retirement, and dismissal;
I. Establishment of hours of work, attendance and leave regulations, working conditions and the development of employee morale and training;
J. Content, maintenance and use of personnel records and forms; K. Establishment of administrative regulations and regulations issued by department heads implementing this chapter or personnel regulations adopted by the city council. (Ord. 77.10 §§ 3 (part), 5, 6, 1979; Ord. 77 § 5, 1963)

2.28.060 Appointments.

A. Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of such recognized selection techniques as achievement and aptitude tests, other written tests, personal interviews, performance tests, evaluation of daily work performance, work sampler, evaluation of references, psychiatric tests, or any other technique or method that might reasonably be expected to test merit and fitness, or any other combination of these, which will, in the opinion of the personnel officer, test fairly the qualifications of candidates. Physical and medical tests may be given as a part of any examination.

B. In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor.

C. Appointments and promotions shall be made by the city manager from among the persons on the appropriate eligible or promotional lists after the city manager confers with the department head involved.

D. In the absence of appropriate employment lists, a temporary appointment may be made by the city manager of a person meeting the minimum training and experience qualifications for the position. An employment list shall be established within six months for any permanent position filled by temporary appointment. The council may, by a four-fifths vote, extend the period of any temporary appointment for not more than thirty days, by any one action.

E. No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a temporary appointment.

F. During the period of suspension of any employee or pending final action on proceedings to review suspension, demotion or dismissal of an employee, such vacancy may be filled by the city manager, subject to the provisions of this chapter and the personnel rules. (Ord. 77.10 § 3 (part), 1979; Ord. 77 § 6, 1963)

2.28.070 Probationary period. Reserved
A. All appointments in the competitive service, including promotional appointments, shall be made for a probationary period of not less than six months, nor more than eighteen months, as specified in the Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 4 of 9 ends

classification plan. During the probationary period, the employee may be rejected at any time without right of appeal or hearing.

B. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless he is dismissed from the city service as provided in this chapter and the rules.
(Ord. 207 § 1, 1985; Ord. 77.10 § 3 (part), 1979; Ord. 77 § 7, 1963)

2.28.080 Status of present employees.

A. Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, has served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his their class, or the ending date of a probationary period extension, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules.

B. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment, including only continuous service.
(Ord. 77.10 § 3 (part), 1979; Ord. 77 § 8, 1963)

2.28.090 Suspension.

Any person holding a position or employment in the competitive service shall be subject to disciplinary suspension without pay.
(Ord. 77.10 § 3 (part), 1979; Ord. 77 § 9, 1963) Reserved.

Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 5 of 9 ends

2.28.100 General conduct of employees.

Each of the following constitutes cause for discipline of an employee, or person whose name appears on any employment list:

A. Fraud in securing appointment;
B. Incompetency;
C. Inefficiency;
D. Inexcusable neglect of duty;
E. Insubordination;
F. Dishonesty;
G. Drunkenness on duty;
H. Addiction to the use of illegal narcotics or illegal habit-forming drugs; I. Inexcusable absence without leave;
J. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section;
K. Discourteous treatment of the public or other employees; L. Wilful disobedience;
M. Misuse of city property;
N. Violation of this chapter or any rule adopted thereto; O. A city officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to his/her duties as a city officer or employee or with the duties, functions or responsibilities of the department of the city government in which he/she is employed; P. Refusal to take and subscribe to any oath or affirmation which is required by law in connection with his/her employment;
Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 6 of 9 ends

Q. Other failure of good behavior either during or outside of duty hours which is of such a nature that it causes discredit to the city or his/her employment. (Ord. 77.10 §§ 3 (part), 7, 1979: Ord. 77 § 10, 1963) Reserved.

2.28.110 Right of appeal.

A. Employees in the competitive service shall have the right of appeal on the interpretation or application of this chapter or the rules adopted pursuant to this chapter. The city recognizes that it is in the city's interest as well as that of the employee that questions concerning the application of or interpretation of this chapter and the rules adopted pursuant thereto be resolved as expeditiously as possible affording the employee due process.

B. For purposes of this section, all notices required by this chapter shall be effective when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place and person served. Notice may also be served by addressing said notice to the employee at his home address as shown in the personnel office, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered served upon deposit in the U.S. mail postage prepaid. A written appeal shall contain a complete statement of the appeal, the alleged facts upon which the complaint is based, the reasons for the appeal, the remedy requested, and the sections of this chapter or the personnel rules adopted by the city council hereto which have been violated. The appeal shall be signed and dated by the employee.

C. Hearings on appeals and actual filing of appeals may be processed during normally scheduled working hours.

All other activities related to the employee's preparation and processing of the appeal shall be done outside of scheduled working hours. No employee or employee organization representative shall be entitled to any additional compensation or premium pay for any time spent in preparing or processing appeals. No appeals will be processed during periods of overtime.

D. The employee shall pay for the time and expenses of its representatives and witnesses through all stages of the appeals procedure. Witnesses who are city employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the employee organization shall be permitted to be present without loss of compensation during hearings on appeals if that spokesperson is the sole representative of the employee in that specific proceeding.

E. Time limits set forth in this section for processing the appeals procedure are of the essence to this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the employee and supervisor conducting a hearing.

F. Any appeal not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given. In the event the appeal is not answered by the city within the time limits set forth in this section, the employee may take the appeal to the next higher step in the appeal procedure within the time limits provided.

G. No resolution of any appeal shall be contrary to the provisions of this chapter or the personnel rules adopted pursuant to this chapter.

H. Copies of the resolution of all appeals shall be filed in the employee's city personnel file.

I. Appeals shall be processed in the following manner:

1. Within ten calendar days of the occurrence of the matter on which an appeal is based, the employee shall discuss his/her appeal in a meeting with his/her immediate supervisor.

Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 7 of 9 ends

2. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he/she shall have the right, within ten calendar days of the occurrence of the matter to file a formal appeal of the personnel action in writing. Said appeal shall be filed with the employee's immediate supervisor.

3. Within ten calendar days of receipt of the notice of formal appeal, the immediate supervisor shall provide his/her decision in writing to the employee.

4. Within ten calendar days of his/her receipt of the decision from his/her immediate supervisor, the employee may appeal that decision by presenting the formal written appeal to the appropriate department head.

5. Within ten calendar days of receipt of the formal appeal, the department head shall provide a written decision to the employee.

6. If the employee does not feel that the appeal has been resolved, the employee may, within ten calendar days of receipt of the department head's decision, present his/her formal appeal in writing to the personnel officer. The personnel officer or his/her designated representative shall make a thorough review of the appeal, meet with the parties involved and provide a written decision to the employee within ten calendar days of receipt of the appeal.

7. Within ten calendar days of receipt of the decision of the personnel officer, the employee may demand in writing to the personnel officer that the formal appeal be submitted to an independent fact-finder from a list of three qualified fact-finders submitted to the city by the American Arbitration Association. a. The personnel officer and the employee shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finder. b. The city and the employee shall split evenly payment of the fees and expenses of the fact-finder as well as the cost of making the record of the fact-finder except as otherwise provided by state law.
c. The rules of conduct of proceedings shall be according to those procedures for expedited factfinding utilized by the American Arbitration Association. d. The city and the employee both hold the right to be represented by an attorney or a representative of the employee's union or association.
e. If either of the parties does not accept the decision of the fact-finder, that party, within ten calendar days after receipt of the decision of the fact-finder, shall file with the city clerk a notice of intention to appeal to the city council. Within thirty calendar days after the receipt of the decision of the fact-finder that party shall file with the city clerk for submission to the city council for final decision the transcript of evidence and conclusions of the fact-finder. Failure to comply with either the ten-day or the thirty-day time periods shall be deemed to be an acceptance of and an agreement with the fact-finder's decision and shall constitute an abandonment and waiver of the right to appeal to the city council. The city council shall decide the matter based upon the record presented to it. The decision of the city council shall be final. (Ord. 267 § 1, 1990; Ord. 77.10 §§ 3 (part), 8, 1979: Ord. 77 § 11, 1963)

2.28.120 Abolition of position.

Whenever in the judgment of the council it becomes necessary in the interest of economy or because the necessity for the position or employment involved no longer exists, the council may abolish any position or employment in the competitive service and layoff, demote or transfer an employee holding such position or Created: 2024-03-08 11:48:07 [EST]
(Supp. No. 22, Update 4)

Page 8 of 9 ends

employment without filing written charges and without the right of appeal. Personnel reduction procedures shall be as established by city council resolution. are provided in the Personnel Rules and Regulations. (Ord. 77.10 § 3 (part), 1979; Ord. 77.9 § 2, 1978: Ord. 77 § 12, 1963)

2.28.130 Political activity.

A. No member of the competitive or exempt service shall, directly or indirectly, solicit or receive political funds or contributions, knowingly, from other members of the competitive or exempt service nor from persons on the employment lists of the city.

B. Every member of the competitive or exempt service shall prohibit the entry, into any place under his their control, occupied and used for the governmental purposes of the city, of any person, for the purpose of therein making, or giving notice of any political assessment, subscription, or contribution.

C. A person shall not enter or remain in any such place described in subsection B of this section for the purpose of therein making, demanding, or giving notice of any political assessment, subscription, or contribution.

D. Subsections B and C of this section shall not apply to any auditorium or other place used for the conduct of public or political rallies or similar events, nor to any park, street, public land or other place not being used for the governmental purposes of the city.

E. No one who holds, or who is seeking election or appointment to, any position in the competitive or exempt service shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority or influence, whether then possessed or merely anticipated, to confer upon or secure for any person, or to aid or obstruct any person in securing, or to prevent any person from securing, any position, nomination, confirmation, promotion, change in compensation or position, within the city, upon consideration or condition that the vote of political influence or action of such person or another shall be given or used in behalf of, or withheld from any candidate, officer or party, or upon any other corrupt condition or consideration.

F. No member of the competitive or exempt service shall participate in political activities of any kind while he is in uniform.
(Ord. 77.10 § 3 (part), 1979; Ord. 77.5 § 1, 1972; Ord. 77.1 § 2, 1964: Ord. 77 § 13, 1963)

2.28.140 Discrimination.

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged or in any way favored or discriminated against. in violation of applicable law. (Ord. 405 § 1, 2004: Ord. 77.10 § 3 (part), 1979; Ord. 77.1 § 3 (part), 1964; Ord. 77 § 14, 1963)

2.28.150 Right to contract for special service.

The personnel officer may contract with any qualified person or agency for the performance of such technical service as may be desired in the establishment or operation of the personnel system. (Ord. 77.10 § 3 (part), 1979; Ord. 77.1 § 3 (part), 1964; Ord. 77 § 15, 1963) Created: 2024-03-08 11:48:08 [EST]
(Supp. No. 22, Update 4)

Page 9 of 9 ends

2.28.160 Holidays.

A. Employees, except emergency service personnel in the police and fire departments, shall observe the following legal holidays: New Year's Day; Lincoln's Birthday; Washington's Birthday; Memorial Day; Independence Day; Admission Day; Labor Day; Armistice Day; Thanksgiving Day, the day following Thanksgiving Day; the last workday before Christmas, and Christmas Day. When a holiday falls on Sunday, the following Monday shall be observed. When a holiday falls on Saturday, the preceding Friday shall be observed.

B. Emergency service personnel in the police and fire departments shall receive compensation in lieu of holidays as provided in the compensation plan.
(Ord. 77.10 §§ 3 (part), 9, 1979; Ord. 77.1 § 3 (part), 1964; Ord. 77 § 16, 1963)Reserved.

2.28.170 Violation—Penalty.

Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon a conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. (Ord. 77.10 § 3 (part), 1979; Ord. 77.1 § 3 (part), 1964; Ord. 77 § 16, 1963) Reserved.

Item D. 4.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Michelle Villanueva, Senior Accountant
SUBJECT Adopt a resolution approving a Software-as-a-Service ("SaaS") Agreement with ClearGov for ClearGov Insights Suite, Budget Suite, and Digital Budget Book
SUMMARY AND RECOMMENDATION
ClearGov is a cloud-based platform designed to help local governments and municipalities improve transparency, efficiency, and engagement with their residents. It provides tools for budget development and management, financial reporting, and performance measurement.

Staff recommends that the City Council, by resolution, approve a Software-as-a-Service ("SaaS") Agreement with ClearGov for ClearGov Insights Suite, Budget Suite, and Digital Budget Book with a not-to-exceed amount of $80,000.

BACKGROUND
The City of Newark currently develops its budget extensively using spreadsheets.

Replacing these spreadsheets with ClearGov software will reduce the risk of errors through automation. It will also significantly improve the efficiency of budget development, management, and reporting processes, as well as enable real-time collaboration and provide an interactive dashboard with public-facing capabilities.

ClearGov offers a suite of solutions designed specifically for local governments like Newark. ClearGov Insights is a fiscal transparency and project communications platform that gives residents an online view of project and department performance. It clearly shows budget-to-actuals and reveals trends by displaying historical data. The ClearGov Budgets Suite helps streamline the budget-building process, enabling remote access, collaboration and insight throughout. The Budget Suite incorporates a forecasting tool that allows staff to create various scenarios. ClearGov Digital Budget Book enables staff to create and publish the City's budget book in a fraction of the time.

Rather than creating the budget book manually, ClearGov’s Digital Budget Book allows staff to build the budget book collaboratively using simple web apps that streamline the steps. It is highly customizable, easy to update, and integrates with ClearGov Insights and ClearGov Budgets. Once the budget book is built, staff can automatically publish the financial information and the adopted budget to the Newark website.

DISCUSSION/ANALYSIS
ClearGov is a cloud-based platform designed to help local governments and municipalities improve transparency, efficiency, and engagement with their residents. It provides tools for budget management, financial reporting, and performance measurement. Here are some of the key features and benefits of ClearGov:

Budgeting: ClearGov offers comprehensive budgeting solutions, including operating and capital budget planning, personnel budgeting, and long-term financial forecasting.

Transparency: The platform allows municipalities to create detailed, easy-to-understand visual reports of their budgets and financials, which can be shared with the public to enhance transparency and accountability.

Benchmarking: ClearGov provides benchmarking tools that enable cities and towns to compare their financials, performance metrics, and spending with similar municipalities, helping them identify areas for improvement.

Citizen Engagement: The platform includes features that help local governments engage with their residents by providing interactive dashboards and tools for feedback and participation.

Reporting: ClearGov simplifies the process of creating and sharing detailed financial reports, helping municipalities comply with reporting requirements and improve internal decision-making processes.

Data-Driven Decision-Making: By providing access to comprehensive financial and operational data, ClearGov helps local governments make informed decisions based on real-time information.

Overall, ClearGov aims to enhance the effectiveness of local government operations and build trust with residents through greater transparency and improved financial management.

FISCAL IMPACT
The 2024-2026 Biennial Budget and Capital Improvement Plan includes sufficient funding for this agreement.

REVIEW AND APPROVAL
Prepared by - Michelle Villanueva, Senior Accountant
Reviewed by - Gloria delRosario, Deputy Finance Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
992_Resolution_ClearGov
ClearGov SAAS
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWARK APPROVING A SOFTWARE-AS-ASERVICE AGREEMENT WITH CLEARGOV FOR

BUDGETING SOFTWARE
WHEREAS, ClearGov is a cloud-based platform designed to help local governments and municipalities improve transparency, efficiency, and engagement with their residents by providing tools for budget development and management, financial reporting, and performance measurement; and
WHEREAS, the City of Newark (“City”) currently develops its budget extensively using spreadsheets, and replacing these spreadsheets with ClearGov software will reduce the risk of errors through automation, significantly improve the efficiency of budget development, management, and reporting processes, enable real-time collaboration, and provide an interactive dashboard with public-facing capabilities; and WHEREAS, ClearGov offers a suite of solutions designed specifically for local governments, including ClearGov Insights, a fiscal transparency and project communications platform that gives residents an online view of project and department performance, shows budget-to-actuals, and reveals trends by displaying historical data; and WHEREAS, the ClearGov Budgets Suite helps streamline the budget-building process by enabling remote access, collaboration, and insight throughout, and incorporates a forecasting tool that allows staff to create various scenarios; and WHEREAS, ClearGov Digital Budget Book enables staff to create and automatically publish the City's budget book in a fraction of the time by allowing staff to build the budget book collaboratively using simple web apps that streamline the steps, making it highly customizable, easy to update, and integrated with ClearGov Insights and ClearGov Budgets; and
WHEREAS, the 2024-206 Biennial Budget and Capital Improvement Plan includes sufficient funding for this scope of work.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is authorized to execute a Software-as-a-Service Agreement, in a form approved by the City Attorney, with ClearGov for the identified budgeting software in an amount not to exceed $80,000.

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

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

RECITALS
A. City requested a proposal from Consultant to perform the services generally including: Personnel Budgeting, Capital Budgeting, Transparency Suite, Operational Budgeting, and Digital Budget Book software as a service.

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

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

1. DEFINITIONS.
“Documentation” means technical manuals, training manuals, user guides, and workbooks, as updated and amended from time to time, provided by Consultant to assist Customer with the use of Software.
“City Content” means any information or data related to City, whether supplied by City or a constituent of the City, that is input into the Cloud-Hosted Service by City or a constituent of the City, in connection with the use of the Cloud-Hosted Service. “Cloud-Hosted Service” means the solution is designed from the ground up for cloud and is a multitenant cloud environment. In addition, Consultant owns, provides and oversees infrastructure, software and administrative tasks and makes its service available to City over the Internet using a standard web browser. The Cloud-Hosted Service includes the software and Consultant’s network capacity as well as the equipment used by Consultant to support operations including storage, hardware, servers and networking components. The infrastructure in the cloud-hosted environment is properly secured through multiple physical, procedural, and technical safeguards to segregate and protect City’s data.
“Software” means all or any portion of the global version of the binary computer software programs and updates and enhancements thereto, (including corresponding source code, unless specifically excluded herein) and Documentation delivered by Consultant to Customer. Software includes the third-party software delivered by Consultant as specified in the Schedule, and modifications made to the Software. Software does not include source code to third party software. Unless specifically stated otherwise, all Software is delivered to Customer only if and when generally commercially available.

2. SCOPE OF SERVICES. Consultant shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
2 SAAS (2022-1)
contained in this Agreement.

3. TIME FOR PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall commence performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for extensions of time to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

4. CLOUD-HOSTED SERVICE.
4(A). Right to Use the Cloud-Hosted Service, Software and Documentation. In consideration of all obligations of City hereunder, including, without limitation, the payment by City of any applicable fees, Consultant hereby grants to City, during the term of this Agreement, a nonexclusive, non-transferable (except as otherwise provided for herein), right and license to access and use the Software and Cloud-Hosted Service, and to make a reasonable number of copies of and use the Documentation in connection with such use of the Cloud-Hosted Service. 4(B). Use Restrictions. City shall not: (i) access and/or use the Software or Hosted Service in order to design, create or build a service or product that is competitive with the Software or Cloud-Hosted Service, or which uses ideas, features or functions that are similar to the Software or Cloud-Hosted Service; (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or CloudHosted Service, except as expressly permitted herein; modify or make derivative works based upon the Software or Cloud-Hosted Service or any part thereof, or directly or indirectly disassemble, decompile, or otherwise reverse engineer the Software or Cloud-Hosted Service or any portion thereof.
4(C). Proprietary Rights. The Software and Cloud-Hosted Service, including all intellectual property rights therein and thereto, and any modification thereof, are and shall remain the exclusive property of Consultant and its licensors. City shall not take any action that jeopardizes the proprietary rights of Consultant or its licensors or acquire any right in the Software or CloudHosted Service except the limited rights expressly granted in this Agreement. 4(D). Internet and Telecommunication Connections. City shall be responsible for obtaining any and all Internet and/or telecommunication connections used by City to access the CloudHosted Service. Consultant shall have no responsibility or liability for any interruption or delay in accessing or using the Cloud-Hosted Service arising out of such Internet or telecommunications connections.
4(E). City Content.
i. City shall provide City Content for inclusion in the Software or the Cloud-Hosted Service.

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
3 SAAS (2022-1)
City is responsible for the quality of the City Content provided. Consultant is responsible for the quality of the display or use of the City Content provided for inclusion in the City database.
ii. Consultant acknowledges that all data created by City will remain the sole property of the City. Consultant agrees that it shall not at any time sell, assign, transfer, or otherwise make available to or allow use by Consultant, Consultant’s agent, or a third party of City Content.
iii. City shall exclusively own the City Content collected by Consultant in connection with the Cloud-Hosted Service; provided, however, that City hereby grants to Consultant a non-exclusive limited right and license, without the right to grant or authorize sublicenses, during the term of this Agreement to use and reproduce City Content, solely for the purpose of facilitating the performance of Consultant’s obligations under this Agreement, and the right to use data aggregated from the City Content (which data does not identify the city, or any individual or entity) during and after the term of the Agreement.
iv. Consultant acknowledges that City is entitled to copy, export, or otherwise duplicate any available City Content at any time.
v. Consultant shall, at City’s request, make available City Content within five business days.

The database instance must be in a condition and format that allows easy transfer to a similar system.
vi. In the event this Agreement expires or is terminated, Consultant shall provide City with all City Content within thirty calendar days of such termination or expiration without charge. City Content shall be in dedicated data files suitable for import into commercially available database software (e.g., Microsoft SQL). The dedicated data files will be comprised of City Content contained in the Cloud-Hosted Service. The structure of the relational database will be specific to City Content and will not be representative of the proprietary Consultant’s database.

5. PAYMENT.
5(A). Billing. In order to request payment, Consultant shall submit invoices to the City identifying the services performed in the billing period, milestones achieved, and the charges therefor (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the Consultant’s billing rates (set forth on Exhibit "B,” attached hereto and incorporated herein by reference). The City shall make monthly payments to Consultant for services which are performed in accordance with this Agreement, to the satisfaction of the City.
5(B). “Not to Exceed” Compensation. The compensation payable to Consultant for the services identified in Exhibit “A” shall not exceed $80,000. Consultant shall not perform any services beyond the services identified in Exhibit “A” without prior written authorization from the City’s Authorized Representative. If the City’s Authorized Representative provides authorization for additional services, the total compensation to the Consultant under this Agreement shall not exceed $80,000.
5(C). Consultant’s Failure to Perform. In the event that Consultant performs services which do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
4 SAAS (2022-1)
Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to the City, Consultant shall reimburse the City for the damages incurred (which may be charged as an offset to Consultant’s payment).

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

7. INFORMATION AND DOCUMENTATION.
7(A). Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of services under this Agreement. If Consultant believes additional information is required, Consultant shall promptly notify the City, and the City will provide to Consultant all relevant non-privileged information in City's possession. 7(B). Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultant invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours. 7(C). Ownership of Work Product. All original documents prepared by Consultant (including its employees and sub-consultants) for this Agreement (“work product”), whether complete or in progress, are the property of the City and shall be given to the City at the completion of Consultant’s services, or upon demand by the City.
7(C). Intellectual Property Rights Ownership. The Software (including upgrades and custom software), source code, and Documentation are and will remain the exclusive property of Consultant. City has no right, title, or interest to or in the Software (including Upgrades and Custom Software), source code, or Documentation, except as expressly granted in this Agreement. City Content that is converted by Consultant and data that City develops using the Software (collectively, "City Content") are and will remain the exclusive property of City.

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
5 SAAS (2022-1)
Consultant has no right, title, or interest to or in City Content. All materials, ideas, concepts, know-how or techniques developed or performed by Consultant during the course of performance of this Agreement will be and are the exclusive property of Consultant.

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

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

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

11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, 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. BUSINESS LICENSE. The Consultant shall apply for and pay the business license tax in accordance with Newark Municipal Code Title 5, Chapter 5.04.

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

14. CONFIDENTIAL INFORMATION.

CITY OF NEWARK – SAAS AGREEMENT

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

Within fifteen days after termination of this Agreement, each party shall certify in writing to Owner that all copies of Owner’s Confidential Information in any form, including partial copies, have been destroyed or returned to Owner.

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

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

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

16. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4267, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and CITY OF NEWARK – SAAS AGREEMENT

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

17. INDEMNIFICATION.
17(A). Consultant shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising Consultant’s performance, or failure to perform, under this Agreement, or any negligent act or omission of Consultant, any Subconsultant, or any employee or person under the control of Consultant, except for Claims arising out of the City’s sole negligence or willful misconduct.
17(B). Copyright and Patent Indemnification. Claims which trigger Consultant’s responsibility under Section 17 shall include any claims that the software resulting from the provision of Services pursuant to the attached Exhibit A Scope of Services infringe any patent, copyright, or accidental or intentional violation of a trade secret or other intellectual property of a third party not included in this Agreement. Consultant shall, in its reasonable judgment and at its option and expense: (i) obtain for the City the right to continue using the Software; or (ii) replace or modify the Software so that it becomes non-infringing while giving equivalent performance. Consultant shall not have any liability for a claim alleging that any Software infringes a patent or copyright if the alleged infringement was developed based on information furnished by the City or if the alleged infringement is the result of a modification made by the City.
1 8 . LIMITED WARRANTY.
18(A). Consultant warrants that it has title to the Software and/or the authority to grant licenses to use the Software.

18(B). Consultant warrants that the Software will perform substantially in accordance with the Documentation for a period of one year from the date of initial installation and that the Software media is free from material defects. Consultant does not warrant that the Software is error-free.

18(C). Consultant's sole obligation with respect to its limited warranty is limited to repair or replacement of the defective Software, provided City notifies Consultant of the deficiency within the one year period and provided Licensee has installed all Software updates provided pursuant to Consultant's Support Services.
18(D). Consultant warrants that to the best of its knowledge, information, and belief, the Software does not contain any known viruses, back-doors or time bombs, (or similar malicious code), or undocumented security codes that could prevent Licensee’ s perpetual use of the Software. 18(E). CONSULTANT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT

SHALL EITHER PARTY BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SIMILAR DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT.

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
9 SAAS (2022-1)

19. TERM OF THE AGREEMENT. The term of this Agreement shall commence on the date last signed by the parties, below, and shall continue until completion of all services in accordance with the timing requirements set forth in Exhibit “A” and paragraph 2 of this Agreement. This Agreement may be terminated by the City without cause upon fifteen days written notice to Consultant. If the City exercises its right to terminate this Agreement in accordance with this paragraph, the City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit “B” or the maximum amount authorized under paragraph 5 of this Agreement.

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

21. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

To: City To: Consultant

Attn: Krysten Lee, Finance Director Attn: Bryan Burdick, President City of Newark ClearGov
37101 Newark Boulevard 2 Mill & Main, Ste. 630
Newark, CA 94560 Maynard, MA 01754
510-578- Telephone
[email protected] [email protected]

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

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.

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
10 SAAS (2022-1)

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

25. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

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

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

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

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

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

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
11 SAAS (2022-1)

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

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

CITY OF NEWARK, a municipal corporation CONSULTANT
____________________________ ____________________________ By: By:

Title: Title:

Date: ____________________________ Date: ____________________________

ATTEST:

____________________________
By: Sheila Harrington
Title: City Clerk
Date: ____________________________
APPROVED AS TO FORM:
____________________________
By: Kristopher Kokotaylo
Title: City Attorney

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
12 SAAS (2022-1)

EXHIBIT A

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

ClearGov Budgets Suite
● A robust, yet simple-to-use budgeting and forecasting tool that is specifically tailored to the needs of local governments
● Enables finance teams to easily collaborate in real time ● Eliminates spreadsheet errors
● Automatically generates long-term forecasts
● Streamlines the entire budget-building process
ClearGov Insights Suite
● Transforms complex government financials into easy-to-understand infographics ● Publishes the budget in a uniquely compelling way that drives understanding and support throughout your community
● Includes simple but powerful tools that enable you to offer residents a window into capital projects and department performance
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
13 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
14 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
15 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
16 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
17 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
18 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
19 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
20 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
21 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
22 SAAS (2022-1)
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
23 SAAS (2022-1)

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
24 SAAS (2022-1)

EXHIBIT B

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

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

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
25 SAAS (2022-1)

EXHIBIT C

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

ClearGov’s mission is to build a community of transparent, data-driven, modern governments.

We pursue this mission by making it easy and affordable for every local government to take a strong next step on its journey from good to great. ClearGov solutions are carefully designed to help local governments operate more efficiently and communicate more effectively, fueling better strategic decision making and increased levels of community support.

While implementing ClearGov’s accessible solutions is designed to be a turnkey process, we offer dedicated Client Success resources to help you get up and running quickly and efficiently.

ClearGov is committed to helping local governments like yours “make democracy work better.” And while that may sound lofty, “democracy” is simply what you do every day. We just want to help you do it in a modern, data-driven way — a way that makes your job easier, lightens your load, showcases all the good work that you do, and ultimately helps you better serve your community. ClearGov already works with hundreds of local governments across the country.

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
26 SAAS (2022-1)

EXHIBIT D

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

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

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

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

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

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

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

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

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

4. Professional Liability insurance

5. Cyber Liability insurance:
a. Third Party Liability coverage:
i. Privacy liability covering loss in the event of Consultant’s failure to protect CITY OF NEWARK – SAAS AGREEMENT

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

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

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

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

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

3. Employer’s Liability: Bodily Injury by Accident - $1,000,000 each accident.

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

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

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

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

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

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

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

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

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

D. ADDITIONAL INSURED REQUIREMENTS
CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
28 SAAS (2022-1)

1. The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects alleged: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.
b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
c. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability. d. Consultant shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after thirty days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.

Such insurance shall be maintained from the time work first commences until completion of the work under this agreement. Consultant shall replace such certificates for policies expiring prior to completion of work under this agreement.

E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

F. COMPLETED OPERATIONS
Consultant shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event the Consultant fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the Consultant.

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

H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this agreement, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Newark may purchase such required insurance coverage, and without further notice to Consultant, the City may deduct from sums due to Consultant any premium costs advanced by the City for such insurance.

CITY OF NEWARK – SAAS AGREEMENT

CLEARGOV SOFTWARE AS A SERVICE
29 SAAS (2022-1)
I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City of, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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

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

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

L. VERIFICATION OF COVERAGE
Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the services commence.

Item D. 5.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a resolution authorizing the City Manager to execute an amendment to the Microsoft Enterprise Agreement with Dell Marketing, L.P. (Dell) and amending the 2024-2026 Biennial Budget and Capital Improvement Plan
SUMMARY AND RECOMMENDATION
Dell Marketing, L.P. is the provider of the Microsoft 365 and Office 365 license and software services as approved by City Council on June 23, 2022. The City entered in to a three-year Microsoft Enterprise Agreement and annually reviews licensing requirements through a true up process. Staff recommends that the City Council, by resolution, approve and authorize the City Manager to execute an amendment to the Microsoft Enterprise Agreement with Dell Marketing, L.P. (Dell) for the third-year payment in the amount of $126,027.75 for Microsoft 365 and Office 365 licensing and software subscription services and amend the 2024-2026 Biennial Budget and Capital Improvement Plan to appropriate an additional $62,853.71 for FY 2025 licensing and software subscriptions.

BACKGROUND
In June 2022, City Council approved a three-year Microsoft Enterprise Agreement provided by Dell Marketing, L.P. in an amount not to exceed $360,668.25 to provide Microsoft 365 licensing and support services, leveraging a cooperative purchasing agreement. In year two of the Enterprise Agreement, server licensing and software subscription costs to support Microsoft Office 365 and Office 365 increased the year two payment by $57,048.71. For year three of the Enterprise Agreement, software subscription costs increased by $5,805. The City is currently in year three of the three-year agreement, which is valid through June 30, 2026.

DISCUSSION/ANALYSIS
At the time the Enterprise Agreement was executed in July 2022, the projected not to exceed amount of $360,668.25 did not anticipate the Microsoft licensing costs required to support the licensing for the servers. To incorporate the costs of the server licenses and additional staff/user licenses, the second-year annual payment increased by $57,048.71 and an additional $5,805 is needed for the third and final term of the Enterprise Agreement (July 1, 2024 through June 30, 2025). These costs include both the required licensing and increased subscription costs as a result of adding additional licenses to support new users and services. As this is the last term of the Microsoft Enterprise Agreement, we do not anticipate any additional costs.

FISCAL IMPACT
The proposed amendment will increase the total not-to-exceed amount of the original Microsoft Enterprise Agreement by $62,853.71, resulting in a new total not-to-exceed amount of $423,521.96. To address these additional costs, staff requests authorization to amend the 2024-2026 Biennial Budget and Capital Improvement Plan by appropriating $62,853.71 for FY 2025 to cover the needed licensing and software subscriptions.

REVIEW AND APPROVAL
Prepared by - Edwin J. Miranda, CIO / Information Technology Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Microsoft Entrprise Dell Resolution
Enterprise Agreement
Quote
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDMENT TO THE MICROSOFT
ENTERPRISE AGREEMENT WITH DELL MARKETING, L.P.

AND AUTHORIZING AN AMENDMENT OF THE 2024-2026

BIENNIAL BUDGET AND CAPITAL IMPROVEMENT PLAN
WHEREAS, the City entered into a three-year Enterprise Agreement with Dell Marketing, L.P. on July 1, 2022 in the amount not to exceed $360,668.25 for three years of Microsoft 365 and Office 365 service and support as authorized on Resolution No. 11,374; and WHEREAS, City staff reviews existing licensing and software subscription services annually through the Microsoft true up process and finds the need to increase the total not to exceed amount of the three-year Enterprise Agreement to add $62,853.71 for a total not to exceed amount of $423,521.96; and
WHEREAS, in the second-year of the Enterprise Agreement, required server licensing and software subscription true up costs to support Microsoft Office 365 and Office 365 increased the year two annual payment by $57,048.71; and
WHEREAS, in third and final year of the Enterprise Agreement, monthly subscription true up costs to support monthly software subscriptions increased by $5,805 totaling $126,027.75 covering licensing and software subscription services through the end of the three-year Enterprise Agreement term; and
WHEREAS, the City continues to leverage a cooperative purchasing agreement that satisfies the City’s procurement process (Licensing Provider Agreement Number PSA-0001524 and Amendment No. 1 expiring October 31, 2024).

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute an amendment, in a form approved by the City Attorney, to increase in the not to exceed amount of the Enterprise Agreement with Dell Marketing, L.P. to a not to exceed amount of $423,521.96.

BE IT FURTHER RESOLVED that the City Council authorizes an amendment to the 2024- 2026 Biennial Budget and Capital Improvement Plan by appropriating an additional $62,853.71 for the third and final year (FY 2025) of the Enterprise Agreement as follows:

FR:

Description Account Amount
General Fund Balance 110.3000 $62,853.71
TO:

Description Account Amount
IT Software/Licenses/Subscriptions 110.21.021.200.6150 $62,853.71

AmendmentApp v4.0 M723 B

Page 1 of 3 ends

Amendment to Contract Documents
Agreement Number
5-0000008829996
This amendment (“Amendment”) is entered into between the parties identified on the attached program signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined in this Amendment will have the same meanings provided in that Enrollment or Agreement.

Enterprise Enrollment
US Government Community Cloud
Amendment ID M723
This amendment contains additional required terms for Government Community Cloud Services for US State and Local Government Customers and Category 3 Commercial Customers.

The Enrollment is hereby amended as provided herein, solely with respect to the use of Microsoft’s US Government Community Cloud Services:

1. The “Definitions” section of the Enrollment is hereby amended by adding the following definitions, each of which shall control over any existing definition of the same term in the Enrollment:
“Azure Government Services” means one or more of the services or features Microsoft makes available to Enrolled Affiliate under this Enrollment and identified at http://azure.microsoft.com/enus/regions/#services, which are Government Community Cloud Services. “Community” means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) an Enrolled Affiliate with Customer Data that is subject to Government regulations for which the Enrolled Affiliate determines and Microsoft agrees that the use of Government Community Cloud Services is the appropriate to meet the Enrolled Affiliate’s regulatory requirements. Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government Community Cloud Service. “Federal Agency” means a bureau, office, agency, department or other entity of the United States Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. “Office 365 GCC High” means the Government Community Cloud Service described by the Office 365 Service Descriptions, and purchased by Enrolled Affiliate pursuant to the terms and conditions of the Enrollment.
“Office 365 Service Descriptions” means the Service Descriptions for Office 365 GCC High, published by Microsoft at https://technet.microsoft.com/en-us/library/mt774581.aspx (for the AmendmentApp v4.0 M723 B

Page 2 of 3 ends

product superset, Office 365 US Government) and https://technet.microsoft.com/enus/library/mt774968.aspx (for the product subset, Office 365 GCC High), or at successor sites Microsoft later identifies.
“Office 365 US Government” means the Government Community Cloud Service described by the Office 365 Service Descriptions, and purchased by Enrolled Affiliate pursuant to the terms and conditions of the Enrollment.
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer’s state and located within Customer’s state’s jurisdiction and geographic boundaries. “Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe.
“Use Rights,” means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and available at https://www.explore.ms/ or at a successor site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.

2. If not already stated therein, the following sentence is added to the end of the “Termination for cause” Section of the Enrollment:

In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise fails to meet and maintain the conditions of membership in the definition of Community.

3. If not already stated therein, the following new sections are hereby added to the Enrollment:

Government Community Cloud Services.

In addition to applicable product specific terms, the following additional general terms apply to Government Community Cloud Services:
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government Community Cloud Services without notice. Customer acknowledges that only Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights and this Amendment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Notwithstanding the Data Processing Terms section of the Online Services Terms, Government Community Cloud Services are not subject to the same control standards and frameworks as their commercial counterparts. The Compliance Trust Center Page AmendmentApp v4.0 M723 B

Page 3 of 3 ends

describes the control standards and frameworks with which Government Community Cloud Services comply
e. Use Rights for Government Community Cloud Services . For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights:
i. Government Community Cloud Services will be offered only within the United States.
ii. Additional European Terms, as set forth in the Use Rights, will not apply. iii. References to geographic areas outside the United States for the location of Customer Data at rest do not apply.
iv. The compliance control standards and frameworks for Government Community Cloud Services are detailed in the applicable System Security Plan for each service and may differ from those applicable to commercial services (e.g., as set forth in the Online Services Data Protection Addendum).
f. Commercial Products. Microsoft may make commercial products available to Enrolled Affiliate to use with Customer’s Government Community Cloud Services. Such Products will be provisioned in the public commercial cloud and all security controls and data commitments related to these services are described in the applicable Use Rights.

Except for changes made by this Amendment, the Enrollment or Agreement identified above remains unchanged and in full force and effect. If there is any conflict between any provision in this Amendment and any provision in the Enrollment or Agreement identified above, this Amendment shall control.

Microsoft Internal Use Only:
(M723)EnrAmend(USGovernmentCommunity
Cloud)(WW)(ENG)(Mar2022)(IU).docx
M723 B
This Amendment must be attached to a signature form to be valid.

Sam Andrews
[email protected]
512.720.4469
Customer: City of Newark
Contract: Riverside County Master Agreement - PSA-0001524 (8084445) Date of Issue: 5/12/2024 Microsoft Enterprise Agreement (EA) #: 8643602 Quote Expires: 8/1/2024 Product Description Mfg# Quantity Unit Price Ext. Price Windows Server Standard 16-core License and Software Assurance (for PD cluster; licensing each host 3 times to give each host up to 6 VMs) 9EM-00265 9 $355.74 $3,201.66 Windows Server Datacenter 16-core License and Software Assurance (for City cluster; Windows Datacenter gives you unlimited Windows Svr VMs) 9EA-00271 3 $2,309.78 $6,929.34 SQLSvrStdCore ALNG LicSAPk MVL 2-core License and SA (timecard + HDL) 7NQ-00302 4 $1,345.19 $5,380.76 SQLSvrStd ALNG LicSAPk MVL (PW server) 228-04437 1 $336.87 $336.87 Win Server External Connector ALng LSA (covers external/non-city people that are accessing a city Windows Server for any reason - HDL server) R39-00374 1 $757.48 $757.48 Annual Payment Section 1: $16,606.11
Product Description Mfg# Quantity Months Unit Price Ext. Price Enterprise Online Services Products
M365 G3 Unified GCC Sub Per User AAD-34704 270 12 $30.80 $99,792.00 O365 G1 GCC Sub Per User U4S-00002 20 12 $6.91 $1,658.40 EntMobandSecE3Full GCC ShrdSvr ALNG SubsVL MVL PerUsr AAD-32907 20 12 $8.41 $2,018.40 Win E3 ALng Sub MVL Per User (Windows Enterprise upgrade from Pro with SA benefits) AAA-10787 20 12 $4.93 $1,183.20
$0.00
Additional Online Services Products
VisioPlan2GCC ShrdSvr ALNG SubsVL MVL PerUsr P3U-00001 20 12 $11.17 $2,680.80 Power BI Pro GCC Sub Per User DDJ-00001 10 12 $7.45 $894.00 Teams AC with Dial Out US/CA GCC Sub Add-on NYH-00001 275 12 $0.00 $0.00 Azure Commitment (government-cloud) J5U-00001 1 12 $99.57 $1,194.84 $0.00
Annual Payment Section 2: $109,421.64
Notes: Total Annual Payment Yr 3 $126,027.75
Total $126,027.75
Notes:

Quote prepared by: Chris A Johnson
Section 1- Licenses and Software Assurance
Section 2- Monthly Subscriptions
Item D. 6.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt resolutions: (1) amending the Employee Classification Plan to delete and add multiple classifications; (2) amending the Compensation and Benefit Plan for the Management, Supervisory and Professional Employee Group; (3) amending the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5; (4) amending the 2024-2026 Biennial Budget and Capital Improvement Plan; and (5) approving a Side Letter to the Memorandum of Understanding with the Newark Police Association SUMMARY AND RECOMMENDATION
Staff continually monitors personnel needs and identifies when adjustments are needed. Based on the conclusion of a recent reclassification study, as well as identified personnel needs and compensation analysis, staff recommends the reclassification of three employees, increasing the compensation for two classifications, and replacing a temporary position with one (1) full-time equivalent (FTE) position in the Building Inspection Division of Public Works.

Staff recommends that the City Council adopt resolutions to: (1) amend the Employee Classification Plan to delete and add multiple classifications; (2) amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group (3) amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 for personnel allocation changes and budget amendments; (4) approve an amendment to the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and (5) approve a Side Letter to the Memorandum of Understanding (MOU) with the Newark Police Association (NPA).

BACKGROUND
Staff recently completed a comprehensive classification and compensation study. As part of that process, employees completed a position description questionnaire. Upon review by the Human Resources Department, staff confirmed that several employees needed a thorough reclassification study to determine if the employees were working significantly outside their classification and if a reclassification was warranted per Section 5 of Rule III of the Personnel Rules and Regulations.

Baker Tilly, a consulting firm that works with local governments, was contracted with the City to provide a reclassification study for six job classifications (seven studies as two employees were in the same classification) spread throughout five city departments. The study started in October 2023 and concluded in March 2024. Of the seven studies conducted, the recommendations contained significant changes for three of the positions, including reclassifying the current Collections Assistant to Accounting Assistant II in the Finance Department, reclassifying the current Public Safety Clerk to a Property and Evidence Technician in the Police Department, and reclassifying the current employee from a Senior Landscape Inspector to an Urban Forest Supervisor in the Maintenance Division of the Public Works Department.

Simultaneously, staff further analyzed the salary for the City Clerk classification and conducted a labor market survey to ensure that the total compensation for the position was at or above market average. The results of the survey revealed that the total compensation for this classification is currently under market average by 5.7%. As such, staff recommends amending the salary range from Range 16 to Range 17, an approximate 5% increase.

In addition, City staff conducted an analysis of the internal relationships within the Property and Evidence and Records Units including the newly created Property and Evidence Technician classification and the Police Records Supervisor classification, and recommends a compensation increase of three percent (3%) for the Police Records Supervisor to achieve a 15% compaction rate between the two classifications.

There is also a recognized need for a regular full-time Permit Technician position to replace a Limited Term Temporary Office Assistant who has been providing full-time support to the Building Inspection Division since 2018 and whose term expires on October 16, 2024. Creating a full-time Permit Technician classification will better support the demands for permits in the growing community, expanding expertise and coverage to increase the volume and responsiveness for over-the-counter approvals.

Staff recommends the addition of one (1) full-time equivalent Permit Technician to the Building Inspection Division of the Public Works Department, effective October 17, 2024.

DISCUSSION/ANALYSIS
RECLASSIFICATION STUDY RESULTS AND RECOMMENDATIONS
The Human Resources Department staff reviewed the Reclassification Study results with each employee, their supervisor(s) and Department Head, as well as the appropriate labor organizations. Each had the opportunity to provide feedback regarding the results and recommendations. For the three positions recommended for reclassification, Baker Tilly was further engaged to create job descriptions and conduct a labor market study of comparable classifications. Again, each employee, supervisor(s), and labor organization were provided an opportunity to review the draft job description, provide their feedback, and review the labor market study. Staff then finalized the job descriptions and salary steps/ranges were developed for Fiscal Year 2025 implementation.

Accounting Assistant II
Baker Tilly analyzed the duties of the current employee in their classification as Collections Assistant in the Finance Department. The study concluded that the job description and title should be updated to better match today’s market and initially recommended the title of Revenue Specialist with an updated job description. Staff then engaged with the employee, the supervisors, and the Department Head, and have determined that a reclassification to the existing job classification of Accounting Assistant II is most appropriate. This reclassification allows for flexibility in staffing and operations and supports the goal of eliminating narrow and/or redundant/overlapping classifications. As such, staff recommends the deletion of the classification of Collections Assistant from the City Classification Plan and the reclassification of the current employee to Accounting Assistant II. The Accounting Assistant II has the same salary range as the current classification as Collections Assistant. Staff met and conferred with the employee group representing the Collections Assistant classification, Newark Association of Miscellaneous Employees (NAME), regarding this reclassification and the discontinuance of the Collections Assistant classification.

Property and Evidence Technician and Public Records Supervisor The results of the study concluded that the employee in the Public Safety Clerk position who oversees property and evidence has significantly more duties and responsibilities than other Public Safety Clerks. While there are three (3) employees who hold the position of Public Safety Clerk, only one currently presides over the Evidence Room.

Police Officer Standards and Training (POST) recognizes the handling of property and evidence as a critical element of law enforcement; as such, the treatment of property and evidence is highly regulated. The study further concluded that due to the unique nature and complexity of handling property and evidence and maintaining controls of the Evidence Room, the position should be reclassified to a Property and Evidence Technician with an appropriate compensation increase. Baker Tilly recommended a two and one-half percent (2.5%) increase in base salary due to the expanded duties of the position in comparison to the Public Safety Clerk position and duties. The job specification is attached.

The newly created Property and Evidence Technician classification led staff to further evaluate the classification and compensation for the Police Records Supervisor, who is the immediate supervisor of the Property and Evidence Technician. In reviewing the compaction between these two positions, an increase of three percent (3%) is recommended to maintain a 15% job compaction rate. In addition, the job specification for the Police Records Supervisor was reviewed and revised to better align to the property and evidence responsibilities and supervision of staff.

Staff engaged with all labor organizations regarding representation of the new classification of Property and Evidence Technician; the Newark Police Association agreed to be the sole representative. A side letter has been created to address representation of this new classification and to memorialize the salary increase for the Police Records Supervisor (attached).

A budget amendment would be required to fund the difference between the total compensation for the Public Safety Clerk and the Property and Evidence Technician position effective July 26, 2024, as well as the increase for the Police Records Supervisor, retroactive to July 1, 2024.

Urban Forest Supervisor
The results of the study concluded that the current employee in the Senior Landscape Inspector position, a classification represented by NAME, is working significantly outside of their job classification. Their identified duties include a high level of responsibility and independent oversight for the maintenance, purchase and planning of all Citywide arborist programs, in addition to overseeing and directing the work of contract employees. The proposed job specification of Urban Forest Supervisor (attached) is recommended for placement in the Management, Supervisory, and Professionals Group. The study also reviewed the compensation for the Urban Forest Supervisor classification in the surrounding labor market with comparable classifications and provided a salary recommendation commensurate with the expanded duties of the position, while ensuring appropriate compensation differentials with the Senior Landscape Inspector and the Maintenance Supervisor classifications.

All labor organizations were informed of this new classification and did not contest the placement of this classification in the Management, Supervisory, and Professional Employee Group. Staff recommends the addition of the Urban Forest Supervisor classification to the City Classification Plan, as well as the addition of the classification to the Management, Supervisory, and Professional Employee Group Compensation and Benefit Plan.

A budget amendment would also be required to fund the difference between the total compensation of the Senior Landscape Inspector position and the Urban Forest Supervisor position.

OTHER PERSONNEL RECOMMENDATIONS
City Clerk
Staff continually reviews and analyzes positions to ensure tasks and responsibilities are aligned, and that the total compensation is at or above market average. City staff conducted a recent analysis of the City Clerk classification, including a current labor market survey. The study included a maximum total compensation salary comparison to the ten cities in the City’s labor market, and included an analysis of base salary, health benefits, and retirement contributions. Compensation changes are considered when the City’s maximum total compensation salary is below the labor market average.

The results of the survey revealed that the total compensation for this classification is currently under market average by 5.7%. As such, staff recommends amending the salary range from Range 16 to Range 17, an approximate 5% increase.

Permit Technician
The Building Inspection Division in the Public Works Department contains a Chief Building Official, one Senior Building Inspector, three Building Inspector I/IIs, one Permit Technician, one Administrative Support Specialist II, and one Limited Term Temporary Office Assistant.

In 2018, a Limited Term position for an Office Assistant was created to perform the function of transferring documentation from microfiche and paper to electronic files.

This Limited Term position expires on October 16, 2024. In analyzing the division needs moving forward, staff recommends the position be replaced with one (1) full-time equivalent Permit Technician, effective October 17, 2024.

Qualifications for the Permit Technician classification include the ability to perform detailed reviews of permit submittals and responses to ensure completeness and conformance to processing requirements. The City issues 1,600 to 2,000 permits yearly, with 600 of these requiring more complex analysis and processing. The additional Permit Technician will support this specialized work and better meet the growing project demands of the community.

A budget amendment would be required to fund the allocation of one (1) full-time equivalent Permit Technician for the Public Works Department.

FISCAL IMPACT
Accounting Assistant II- There is no fiscal impact associated with this action, as the Collections Specialist’s current salary is the same as the Accounting Assistant II.

A budget appropriation from the General Fund’s unappropriated fund balance would be required for the following increases for Fiscal Year 2025:

Property and Evidence Technician: The fiscal impact of reclassifying the current employee into this new classification is $3,420 effective July 26, 2024.

Police Records Supervisor: The fiscal impact of increasing the base salary of this position is $4,752 effective July 1, 2024.

Urban Forest Supervisor: The fiscal impact of reclassifying the current employee into this new classification is $3,444 effective July 26, 2024.

City Clerk: The fiscal impact of increasing the base salary from Range 16 to Range 17 is estimated at $12,840 effective July 1, 2024.

Future years’ salaries would be proposed for City Council approval through the regular biennial budget process.

A budget appropriation from the General Fund’s unappropriated fund balance would be required for the addition of one full-time equivalent Permit Technician, effective October 15, 2024. The fiscal impact for Fiscal Year 2025 is approximately $73,116 (total compensation). Future year’s salaries would be proposed for City Council approval through the regular biennial budget process.

REVIEW AND APPROVAL
Prepared by - Cathreene Ingham-Watters, Human Resources Director Prepared by - Cathreene Ingham-Watters, Human Resources Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - Reclassifcations
Job Specification: Urban Forest Supervisor
Job Specification: Property and Evidence Technician
Side Letter - NPA
Resolution: Other Position Changes
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE EMPLOYEE CLASSIFICATION

PLAN TO ADD TWO CLASS SPECIFICATIONS AND DELETE
ONE CLASS SPECIFICATION; APPROVING A SIDE LETTER

TO THE MEMORANDUM OF UNDERSTANDING WITH THE

CITY OF NEWARK AND THE NEWARK POLICE
ASSOCIATION; AMENDING THE COMPENSATION AND

BENEFIT PLAN FOR THE MANAGEMENT, SUPERVISORY,
AND PROFESSIONAL EMPLOYEES GROUP; AMENDING
THE 2024-2026 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN; AND APPROVING AN AMENDMENT
TO THE CITY’S SALARY SCHEDULE IN CONFORMANCE
WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2,
SECTION 570.5
WHEREAS, the 2024-2026 Biennial Budget and Capital Improvement Plan was adopted by the City Council via Resolution 11665 on June 27, 2024; and WHEREAS, the City, with assistance from an independent consultant, conducted a Reclassification Study as a follow up to the Citywide Classification and Compensation Study; and WHEREAS, the City, based on the analysis, has determined that three current employees shall be reclassified to best match their actual roles and responsibilities, including reclassifying the Collections Assistant to the existing Accounting Assistant II classification, a Public Safety Clerk to the new classification of Property and Evidence Technician, and the Senior Landscape Inspector to the new classification of Urban Forest Supervisor; and WHEREAS, the City Manager or designee met and conferred with representatives of the current labor organizations regarding the representation of the Property and Evidence Technician and the Urban Forest Supervisor classification; and
WHEREAS, no labor organization contested the placement of the Urban Forest Supervisor in the Management, Supervisory, and Professional Employee Group, and the Newark Police Association has agreed to be the sole representative for the Property and Evidence Technician classification and requires a Side Letter be approved; and WHEREAS, the Accounting Assistant II class specification is already included in the Newark Association of Miscellaneous Employee Group; and WHEREAS, the City, with assistance from an independent consultant, created job specifications and conducted a labor market study to develop appropriate salary ranges for the Property and Evidence Technician and the Urban Forest Supervisor classifications; and WHEREAS, the City, based on its analysis of job compensation relationships between the new classification of Property and Evidence Technician and Police Records Supervisor, has determined that a salary increase of three percent (3%) for the Police Records Supervisor will ensure appropriate compaction rates; and
WHEREAS, the compensation increases for the reclassification and the increase due to maintaining internal relationships for the records division require a budget amendment; and WHEREAS, the City seeks to amend the Employee Classification Plan to delete the classification of Collections Assistant and to add the classifications of Property and Evidence Technician and Urban Forest Supervisor.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Employee Classification Plan be amended to delete the Collections Assistant classification; and add the Property and Evidence Technician and Urban Forest Supervisor classifications.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves an amendment to the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to add the classification of Urban Forest Supervisor with the salary listed below, effective July 1, 2024.

BE IT FURTHER RESOLVED that the City Council hereby approves a Side Letter to the Memorandum of Understanding between the City of Newark and the Newark Police Association (NPA) for NPA to provide sole representation of the Property and Evidence Technician classification with the salary as listed below, and to reflect the compensation adjustment of the Property and Evidence Technician with the salary listed below, effective July 26, 2024 and reflect the compensation increase for the Police Records Supervisor effective July 1, 2024.

BE IT FUTHER RESOLVED that the City Council hereby approve an amendment to the City’s Salary Schedule to reflect the new classifications of Property and Evidence Technician and Urban Forest Supervisor, effective July 26, 2024 and increase the salary of the Police Records Supervisor effective July 1, 2024:

Classification Step 1 Step 2 Step 3 Step 4 Step 5
Police
Records
Supervisor
Hourly
Biweekly
Annual
$46.53
$3,722.01
$96,772.21
$48.85
$3,908.23
$101,614.03
$51.29
$4,103.52
$106,691.52
$53.86
$4,308.70
$112,026.10
$56.56
$4,524.58
$117,639.18
Property and
Evidence
Technician
Hourly
Biweekly
Annual
$40.24
$3,219.20
$83,699.20
$42.25
$3,380.00
$87,880.00
$44.36
$3,548.80
$92,268.80
$46.59
$3,727.20
$96,907.20
$48.91
$3,912.80
$101,732.80
Urban Forest
Supervisor
Hourly
Biweekly
Annual
$53.61
$4,288.80
$111,508.80
$56.29
$4,503.20
$117,083.20
$59.11
$4,728.80
$122,948.80
$62.06
$4,964.80
$129,084.80
$65.17
$5,213.60
$135,553.60
BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan to (1) delete one full-time equivalent (FTE) Public Safety Clerk, one FTE Senior Landscape Inspector, and one FTE Collections Assistant and add one FTE Property and Evidence Technician, one FTE Urban Forest Supervisor, and one FTE Accounting Assistant II; and, (2) appropriate funding to accommodate the salary adjustments for Fiscal Year 2025 as follows:

TO: 110.30.033.330.5110 Property Evidence Technician $3,420 FR: 110.3000 Unallocated Fund Balance $3,420
TO: 110.30.033.330.5110 Police Records Supervisor $4,752 FR: 110.3000 Unallocated Fund Balance $4,752
TO: 140.60.064.643 Urban Forest Supervisor $3,479
FR: 140.3000 Unallocated Fund Balance $3,479
TO: 110.13.013.130 City Clerk $12,840
FR: 110.3000 Unallocated Fund Balance $12,840
TO: 120.60.062.620 Permit Technician $73,116
FR: 120.3000 Unallocated Fund Balance $73,116
Urban Forest Supervisor class specification Page 1 of 3 Urban Forest Supervisor
Class Specification
Created: 5/24
Class ID: 768.1
Unit: MGMT
Probation: 12 Months
FLSA: Exempt

DEFINITION
Oversees and monitors contract service for the maintenance of the City’s Urban Forest. Supervises and reviews the work of contract employees and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Maintenance Superintendent. Exercises no supervision over full-time staff.

DISTINGUISHING CHARACTERISTICS
This is a stand-alone class in the Maintenance Division. Incumbents perform the full range of duties assigned with only occasional instruction or assistance as unusual or unique situations arise.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Based on established workplan, plans, directs and organizes a comprehensive urban forestry and landscape maintenance program that includes participation in the strategic planning of urban forestry activities; inspection and monitoring of the urban forest for needed maintenance; and technical assessments of City trees pertinent to liability, health and maintenance.

Participates in the preparation of the operating budget for the landscape and tree program; participates in the forecasting of additional funds needed for materials and supplies and gathers cost estimates as directed.

Receives, investigates, and responds to citizen requests, suggestions and complaints; and recommends appropriate corrective action(s). Coordinates work activities with those of other organizations, departments, and outside agencies;
Inspects work sites before, during and after completion of work to assure that required work is completed in a satisfactory and thorough manner; inspects work sites, equipment and tools for compliance with safety standards; and inspects and approves work done by outside contractors.

Provides skilled and technical direction on care, maintenance, disease prevention, and removal of trees; plans inspection and maintenance of all trees in appropriate cycles; assigns priorities and special projects as needed.

Responds and leads City efforts related to emergency response tree issues to include those related to weather events or natural disasters; responds to public or community members.

Maintains records of work performed and materials used.

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:
• Principles and modern practices of arboriculture used in urban forest environments.

Urban Forest Supervisor class specification Page 2 of 3 • Tree maintenance methods, standards, techniques, and practices, including emergency response and control of tree hazards.
• Tree species, tree physiology, entomology, native soils, plant culture, and care. • Local tree species and their growth characteristics.
• City ordinances, codes, procedures, and practices regarding urban forest maintenance and inspection, and contract administration and operations.
• Applicable local, state, and federal laws.
• Safe work practices, methods, and techniques.
• Uses, operation, and upkeep of tree maintenance equipment and materials. • City layout and geography.
• Principles and practices of sound business and customer communications. • City practices and procedures for budgeting, purchasing, and maintaining public records. • Equipment maintenance practices and methods.

Skill or Ability to:
• Organize, implement, and direct public works maintenance operations for the assigned area(s). • On a continuous basis, know and understand all aspects of the job. • Intermittently analyze budget and technical reports, and projects; identify and interpret technical and numerical information.
• Learn, understand, and apply laws, regulations, codes, policies, and procedures; observe and problem solve operational and technical issues.
• Interpret and explain pertinent public works maintenance and department policies and procedures. • Read, interpret, and understand blueprints, drawings, diagrams, specifications, operating instructions, and manuals.
• Assist in the development and monitoring of assigned public works urban forest budget. • Develop and recommend policies and procedures related to urban forest maintenance operations. • Oversee and direct work of contract personnel.
• Establish and maintain effective working relationships with those contacted in the course of work. • Communicate clearly and concisely, both orally and in writing. • Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.

Education and Experience:

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

Possession of a high school diploma or equivalent, and four (4) years of increasingly responsible experience in landscape and tree maintenance, including two (2) years of lead responsibility or other qualifying higher level public works maintenance experience.

License and Certificate:
• Possession of a Qualified Applicator Certificate issued by the State of California. • Possession of certificate as a Certified Arborist from the International Society of Arboriculture. • Possession of a valid driver's license and a satisfactory driving record throughout employment.

PHYSICAL DEMANDS
Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, to work in confined spaces and around machines, to climb and descend ladders, to operate varied hand and power tools and construction equipment, and to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring frequent walking in operational areas to identify Urban Forest Supervisor class specification Page 3 of 3 problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate the above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Willingness and ability to work emergency overtime and available on call, as required. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to 90 pounds, or heavier weights with the use of proper equipment and assistance from other staff.

ENVIRONMENTAL CONDITIONS
Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting and enforcing departmental policies and procedures.

Property and Evidence Technician
Class Specification
Created: 6/24
Class ID: 641
Unit: NPA
Probation: 12 Months
FLSA: Non-Exempt
Property and Evidence Technician class specification Page 1 of 3

DEFINITION
Receives, accounts for, coordinates, and distributes or properly disposes of property and evidence under the jurisdiction and custody of the police department; maintains an accurate inventory and chain-of-custody for all property and evidence in custody; may testify in court proceedings or under deposition, as required; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Police Records Supervisor. Exercises no supervision over full-time staff. May provide lead direction to volunteers or temporary employees.

DISTINGUISHING CHARACTERISTICS
This is a stand-alone journey level class in the Support Services Division. Incumbents perform a variety of assignments requiring independence of judgement under general supervision. It is distinguished from the Public Safety Clerk by its specialized function working with property and evidence within a police department property room setting. It is further distinguished from the Police Records Supervisor by the supervisor's overall responsibility for the property room and staff supervision.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Receives, collects and logs in all incoming evidence, found property, safekeeping and custody items from evidence lockers. Ensures preservation of the chain of evidence by storing all items received and collected in a systematic manner. Testifies in court as custodian of evidence when required
Enter, modify and retrieve data within the records management system. Verifies property items(s) against record management system. Maintains detailed records and files on each transaction and final disposition on all evidence and property received and released. Maintain records of controlled items (i.e. narcotics, firearms).

Notifies rightful owners of found property. Releases property to rightful owners and authorized persons in accordance with applicable state laws and departmental procedures.

Prepares, maintains, files and retrieves a variety of forms and records. Conducts periodic inventory. Identifies and prepares items to be auctioned, destroyed and/or donated. Destroys property according to applicable law.

Responds to questions from officers and the public over the telephone and in person regarding property in custody. Trains police officers proper packaging: review department property policies and provide input. Performs other related duties as assigned.

Property and Evidence Technician class specification Page 2 of 3

QUALIFICATIONS
Knowledge of:
• Methods and procedures for receiving, storing, issuing, and safeguarding property, including inventory control.
• Safe handling of firearms and narcotics.
• Federal, state, and city laws and ordinances pertaining to the handling and disposal of firearms, narcotics and evidential and other property, including chain-of-evidence records.
• Safety precautions involved when handling hazardous materials, including bio-hazards. • Computer terminal operations related to the entry and retrieval of information pertaining to property and evidence.
• Proper methods used in the destruction of hazardous materials. Knowledge of common tools, supplies and equipment.
• Pertinent local, State and Federal laws, ordinances and rules, public records acts, and penal code sections.
• Criminal justice procedures including knowledge of court rules and procedures.

Skill or Ability to:
• Testify in court.
• Safely handle and store firearms, narcotics, evidential and other property. • Effectively communicate, both verbally and in writing. • Understand and follow written and oral instructions.
• Read and write English at a level necessary to perform the duties assigned. • Perform simple arithmetic computations.
• Establish and maintain effective working relationships with those contacted during the performance of assigned duties.
• Read and interpret rules, policies, procedures, and written instructions. • Maintain clear and accurate records.
• Establish and maintain effective working relationships with those contacted in the course of the work.
• Use initiative and sound judgment within established guidelines. • Type accurately at a rate of 45 net words per minute. • Understand and interpret Police Officer Standards and Training (POST) guidelines regarding the handling of property and evidence.

EDUCATION AND EXPERIENCE:

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

One (1) year of full-time experience in property and evidence storage keeping, materials handling, delivery of supplies, or closely related field, which involved moderately heavy labor, preferably in a law enforcement environment.

Licenses, Certifications, and Equipment
Property and Evidence Technician class specification Page 3 of 3 • Possession of a valid driver’s license and a satisfactory driving record throughout employment.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Standing in and walking between work areas is frequently required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification frequently bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 30 pounds with the use of proper equipment.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures. The principal duties of this class are performed in a police station environment with exposure to criminal offenders, mentally ill individuals, and persons potentially infected with communicable diseases. Willingness and ability to work any shift; work holidays, weekends, scheduled and emergency overtime; be available on call, as required; willingness to work a variety of assignments and to rotate to different assignments as directed. Wear uniform or professional business attire required; comply with departmental grooming standards. 510.578.4200 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
City Manager’s Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Police Association Executive Board
From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: July 22, 2024
This will serve as a side letter to the City of Newark (City) and the Newark Police Association (NPA) July 1, 2019 - June 30, 2022 Memorandum of Understanding (MOU), revised July 28, 2022 to extend the MOU term through June 30, 2025. The purpose of this side letter is to address representation of the new classification of Property and Evidence Technician and to memorialize the compensation increase for the classification of Police Records Supervisor.

The City and Association have met and conferred and agreed to the following amendments below to provide that NPA serve as the sole and exclusive bargaining representative for the new Property and Evidence Technician classification. This side letter will become effective upon approval by the City Council.

The City and NPA agree to the following amendments to the MOU:

1. Add “Property and Evidence Technician” to Section III. DEFINITIONS, Subsection G

2. Repeal and replace Section VII. UNIFORM ALLOWANCE, Subsection B in its entirety as follows:

B. Public Safety Dispatchers, Lead Public Safety Dispatchers, Public Safety Dispatch Supervisors, Public Safety Clerks, Property and Evidence Technician, and Police Records Supervisor

1. Effective July 1, 2019 upon appointment to the classifications of Public Safety Dispatcher, Lead Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records
Supervisor a full-time regular employee shall be reimbursed by the City for the purchase of City- approved uniform shirts and pants up to an amount equal to the maximum of the
annual uniform allowance in effect on the date of
appointment to Public Safety Dispatcher, Lead Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor. Reimbursement shall be made upon receipt of evidence of purchase.

City of Newark – City Manager’s Office 2

2. Effective July 1, 2019, existing employees in the classifications of Public Safety Dispatcher, Lead Public Safety Dispatcher, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor a full-time regular employee shall be reimbursed by the City for the purchase of City- approved uniform shirts and pants up to an amount equal to the
maximum of the annual uniform allowance in effect on the date of appointment to Public Safety Dispatcher, Lead Public Safety Dispatcher, Public Safety Clerk, Property and Evidence Technician, or Police Records Supervisor. Reimbursement shall be made upon receipt of evidence of purchase.

3. Upon completion of 12 months of continuous active
employment or upon reinstatement, Public Safety
Dispatchers, Lead Public Safety Dispatchers, Public Safety Dispatch Supervisors, Public Safety Clerks, Property and Evidence Technician, and Police Records Supervisors shall receive a monthly uniform allowance of $45.

3. Add “Property and Evidence Technician” to the positions listed in Section XII. HOLIDAYS, Subsection B.

4. Repeal and replace Section XXVII. WORK SCHEDULES, Subsection C in its entirety as follows:

B. Public Safety Clerk, Property and Evidence Technician, and Police Records Supervisor

1. A standard work schedule for the Public Safety Clerk, Property and Evidence Technician, and Police Record Supervisor shall be 40 hours per week. The normal workweek will be 40 hours with consecutive 8-hour days beginning or ending on any day of the week. The standard workweek begins at 12:01 a.m. Monday morning and ends at 12:00 midnight on Sunday.

2. The Public Safety Clerk, Property and Evidence Technician, and Police Record Supervisor have the option to request working an alternate work schedule (Four-Ten). The authorization to work an alternate work schedule shall be the sole discretion of the department head. Operational needs of the department shall be the primary consideration in decisions to approve or deny requests.

5. Add “Property and Evidence Technician” to Attachment A, the list of “Regular Full-Time/Part Time Classifications”.

City of Newark – City Manager’s Office 3

6. Add the following revisions to the table in Attachment A.5 PROPERTY AND EVIDENCE TECHNICIAN $6,974.93
$40.24
$7,323.22
$42.25
$7,689.07
$44.36
$8,075.60
$46.59
$8,477.73
$48.91

POLICE RECORDS SUPERVISOR
$8,065.20
$46.53
$8,467.33
$48.85
$8,890.27
$51.29
$9,335.73
$53.86
$9,803.73
$56.56
Dated: _______________________________
For the City of Newark: For the Newark Police Association Employees:
_____________________________________ ______________________________________ David J. Benoun, City Manager Steven Losier, President
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE COMPENSATION AND BENEFIT

PLAN FOR THE MANAGEMENT, SUPERVISORY, AND
PROFESSIONAL EMPLOYEES GROUP; AMENDING THE
2024-2026 BIENNIAL BUDGET AND CAPITAL
IMPROVEMENT PLAN; APPROVING AN AMENDMENT TO
THE CITY’S SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the 2024-2026 Biennial Budget and Capital Improvement Plan was adopted by the City Council via Resolution 11665 on June 27, 2024; and WHEREAS, the City conducts labor market surveys to ensure compensation is at or above the labor market average and monitor staffing needs per department; and WHEREAS, the City, based on its analysis of a labor market study, has determined that it is appropriate to increase the salary range for the City Clerk classification from Range 16 to Range 17; and
WHEREAS, the City, based on its analysis of the Building Inspection Division of the Public Works Department, has determined that the needs of the division support the replacement of one Limited Term Temporary Office Assistant with one (1) full-time equivalent (FTE) Permit Technician upon the expiration of the Office Assistant’s term; and WHEREAS, amending the salary range for the City Clerk classification and the additional personnel allocation require amendments to the 2024-2026 Biennial Budget and Capital Improvement Plan; and
WHEREAS, the salary increase for the City Clerk classification requires an amendment to the City’s Salary Schedule and the Management, Supervisory, and Professional Employee Group Compensation and Benefit Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the 2024-206 Biennial Budget and Capital Improvement Plan of the City of Newark adopted by Resolution 11665 on June 27, 2024 is hereby amended to change the personnel allocation for the Building Inspection Division of the Public Works Department from one (1) Office Assistant to one (1) FTE Permit Technician, effective October 17, 2024.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves an amendment to the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to reflect the compensation increase for the City Clerk classification, as listed below.

BE IT FUTHER RESOLVED that the City Council hereby approve an amendment to the City’s Salary Schedule to reflect the compensation adjustments of the City Clerk as follows, retroactive to July 1, 2024:

Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Clerk
Hourly
Biweekly
Annual
$78.65
$6,292.00
$163,592.00
Range 17
$94.37
$7,549.60
$196,289.60
BE IF FUTHER RESOLVED that the City Council hereby authorizes an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 as follows:

TO: Budget Code City Managers Office Salaries $12,840.00 FR: 110.3000 Unallocated Fund Balance $12,840.00
TO: Budget Code Building Inspection Salaries $73,116.00 FR: 110.3000 Unallocated Fund Balance $73,116.00
Item D. 7.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt a resolution approving a Side Letter to the Memorandum of Understanding between the City of Newark and the Newark Association of Miscellaneous Employees
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve a side letter with the Newark Association of Miscellaneous Employees to expand the classifications that are eligible to receive Special Pay for pesticide spraying.

BACKGROUND
In the current Memorandum of Understanding (MOU) between the City of Newark and the Newark Association of Miscellaneous Employees (NAME), there are three Landscape and Parks Maintenance Worker classifications that are eligible for a 5% increase of base pay for the time spent spraying pesticides. Employees in other maintenance classifications have obtained their Qualified Applicator Certificate (QAC) to spray pesticides and are available and willing to use their certificate to spray pesticides for the City of Newark.

DISCUSSION/ANALYSIS
Herbicides are applied to all city-owned properties, including parks, rights-of-way, streets, and city-owned facilities to abate weeds. Due to the rising demand for services and concerns from residents, the Maintenance Division desires to use all certified employees for herbicide applications and increase the number of hours for spraying per year. The eligible classifications would be expanded to include Building Maintenance Mechanic I/II, Equipment Mechanic I/II, General Laborer, Landscape and Parks Maintenance Worker I/II, Senior Building Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape and Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker I/II.

Currently, the Division has six (6) employees with their active QAC and three (3) employees working to obtain the certificate. City staff met and conferred with NAME to develop a Side Letter to expand the classifications that are eligible to receive 5% over base pay for actual time performing pesticide spraying.

FISCAL IMPACT
The estimated fiscal impact of this item is $21,587 (approximately 430 hours) for Fiscal Year (FY) 2025. To fund this, a budget appropriation from the General Fund’s unappropriated fund balance will be required for FY 2025 and FY 2026. For fiscal years beyond 2026, the cost will be proposed for City Council approval through the regular biennial budget process.

REVIEW AND APPROVAL
Prepared by - Cathreene Ingham-Watters, Human Resources Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution NAME Side Letter Spray Pay
Side Letter NAME
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A SIDE LETTER BETWEEN THE

CITY OF NEWARK AND THE NEWARK ASSOCIATION OF

MISCELLANEOUS EMPLOYEES
WHEREAS, the City of Newark and the Newark Association of Miscellaneous Employees (NAME) have a Memorandum of Understanding (MOU) from July 1, 2022 to June 30, 2025; and WHEREAS, the current MOU describes Special Assignment Pay for various circumstances, including an agreement to pay Landscape and Park Maintenance Worker I/II and Senior Landscape and Parks Maintenance Worker employees certified to spray pesticides 5% above their compensation base pay for actual time performing pesticide spraying; and WHEREAS, maintaining the landscaping and providing consistent weed abatement in Newark is a vital aspect for the City and its residents and their safety; and WHEREAS, expanding the Maintenance Division classifications that are eligible to receive 5% above their compensation base pay for time spraying pesticides will allow for greater flexibility and better service to our community; and
WHEREAS, the City Manager or designee met and conferred with representatives of NAME related to the above matter and have agreed upon a Side Letter regarding spray eligibility.

NOW THEREFORE, BE IT RESOLVED that the City Council approves a Side Letter to the Memorandum of Understanding with the City of Newark and the Newark Association of Miscellaneous Employees to expand the eligible classifications for pesticide spraying to include Building Maintenance Mechanic I/II, Equipment Mechanic I/II, General Laborer, Landscape and Parks Maintenance Worker I/II, Senior Building Maintenance Mechanic, Senior Equipment Mechanic, Senior Landscape Inspector, Senior Landscape and Parks Maintenance Worker, Senior Street Maintenance Worker, and Street Maintenance Worker I/II.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment of the 2024-2026 Biennial Budget and Capital Improvement Plan for FY 2025 and FY 2026 to appropriate funding as follows:

TO: 140.60.064.643 PARK & LANDSCAPE MAINTENANCE $ 21,587 FR: 140.3000 UNAPPROPIRATED FUND BALANCE $ 21,587

Item D. 8.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Michelle Villanueva, Senior Accountant
SUBJECT Adopt a resolution establishing the Fiscal Year 2025 Tax Appropriations Limit
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution, establish a Tax Appropriations Limit and update the annual adjustment factors for Fiscal Year 2025.

In November 1979, California voters approved Proposition 4 (the Gann Initiative) that added Article XIIIB to the State Constitution. The State Legislature added Division 9 (commencing with Section 7900) to Title I of the Government Code to implement Article XIIIB as amended with Proposition 98 in 1988 and Proposition 111 in 1990.

The original legislation implementing the provisions of Article XIIIB became effective January 1, 1981. In accordance with that legislation, the governing body of each local jurisdiction in California must, by resolution, establish a Tax Appropriations Limit (also referred to as the GANN Limit). The Tax Appropriations Limit is based on actual appropriations during the State of California Fiscal Year 1978-79 and adjusted each year using population and inflation adjustment factors.

BACKGROUND
California's voters approved Proposition 111 on June 5, 1990, amending Article XIIIB.

Proposition 111 allows local jurisdictions to choose among measures of inflation and population growth to compute the adjustment factor. The measures for inflation (price factors) include growth in California's per capita income or growth in the City’s gross assessed valuation due to new non-residential construction, while measures for population growth include population growth within the county or city.

In 2022, state policy required local agencies to report state subventions that would cause them to exceed local appropriations limits. The state would then count those that exceeded the local limits, at the state level instead. The state budget excluded certain local subventions from their limit, to avoid exceeding the Gann Limit. Local agencies must now include the state subventions within their appropriation limits.

DISCUSSION/ANALYSIS
On June 23, 2023 the City Council adopted Resolution No. 11521 establishing the Fiscal Year 2024 Tax Appropriations Limit to $511,828,858. The City's Tax Appropriations Limit was calculated using the percentage change in California per capita income as the price factor adjustment since the Local assessment roll data necessary to calculate the percentage change in the nonresidential assessed valuation is generally not available from the County Assessor's Office until well into the fiscal year. In the absence of final information on this important factor, it is recommended that the known California per capita personal income of 3.62 percent be adopted for Fiscal Year 2025. For the population adjustment factor, it is recommended that the County's percent change in population of -0.54 percent be adopted for Fiscal Year 2025 since the higher percentage change in population is most advantageous to the City.

In accordance with Proposition 111 guidelines, and based on the above information, the proposed Fiscal Year 2025 Tax Appropriations Limit is $527,493,135. The 2024-2025 Biennial budget appropriations subject to the limit are estimated to be well below the proposed Tax Appropriations Limit.

FISCAL IMPACT
There is no fiscal impact.

REVIEW AND APPROVAL
Prepared by - Michelle Villanueva, Senior Accountant
Reviewed by - Gloria del Rosario, Deputy Finance Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Tax Appropriate Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ESTABLISHING THE TAX APPROPRIATIONS

LIMIT AND UPDATING THE ANNUAL ADJUSTMENT
FACTORS FOR FISCAL YEAR 2025
WHEREAS, pursuant to Article XIIIB of the Constitution of the State of California, the City Council of the City of Newark has established a "Tax Appropriations Limit" for Fiscal Year 2025; and
WHEREAS, the provisions of Article XIIIB became effective January 1, 1981 requiring the governing body of each local jurisdiction in California to establish a Tax Appropriations Limit (also referred to as the GANN Limit) each fiscal year by resolution; and WHEREAS, Proposition 111 allows local jurisdictions to choose among measures of inflation and population growth to compute the adjustment factor. The measures for inflation (price factors) include growth in California per capita income or growth in the City's gross assessed valuation due to new non-residential construction; while measures for population growth include population growth within the county or city.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark, in accordance with Proposition 111 guidelines, and based on the known adjustment factors of 3.62 percent change in California per capita income and a -0.54 percent change in the population growth for the City of Newark, hereby establishes the amount of $ 527,493,135 as the Tax Appropriations Limit for Fiscal Year 2025.

Item D. 9.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Resolution granting permission to Vice Mayor Freitas and Council Member Collazo to be absent from City Council meetings
Vice Mayor Freitas and Council Member Collazo have advised staff that they are unable to attend City Council meetings during the month of July. Pursuant to Resolution No. 11576, the City Council has canceled the August 8 and 22 meetings in order to hold the annual August Recess. The timing of the July absence and the August recess will result in Vice Mayor Freitas and Council Member Collazo missing more than 60 days between regular City Council meetings. Per Government Code Section 36513, if a City Council Member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, their office becomes vacant.

City Staff recommends that the City Council, by resolution, grant permission to Vice Mayor Freitas and Council Member Collazo to be absent from City Council meetings.

Attachments
Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK GRANTING PERMISSION TO VICE MAYOR

FREITAS AND COUNCIL MEMBER COLLAZO TO BE

ABSENT FROM CITY COUNCIL MEETINGS
WHEREAS, Vice Mayor Freitas and Council Member Collazo are unable to attend City Council Meetings during the month of July 2024; and WHEREAS, pursuant to Resolution No. 11576, the City Council has cancelled the August 8 and 22, 2024 regular City Council meetings; and WHEREAS, pursuant to Government Code Section 36513, a City Council Member absent without permission from all regular City Council meetings for 60 consecutive days vacates their position.

NOW, THEREFORE, BE IT RESOLVED, that the Newark City Council hereby grants Vice Mayor Freitas and Council Member Collazo permission to be absent from the July 2024 City Council meetings.

Item D. 10.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT Adopt a resolution authorizing the City Manager to execute an amended Contractual Equipment and Services Agreement with RJMS Corporation DBA Toyota Material Handling of Northern California for the purchase of a sub-compact sweeper
SUMMARY AND RECOMMENDATION
On November 9, 2023, the City Council approved an agreement to purchase a sub-compact sweeper to maintain the Class IV separated bike lanes equipped with posts on Cherry Street and Newark Boulevard. Due to an administrative error, an amendment to the Contractual Equipment and Services Agreement is needed. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an amended Contractual Services Agreement with RJMS Corporation dba Toyota Material Handling of Northern California for the purchase of a sub-compact sweeper.

BACKGROUND
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 included funding for the purchase of a sub-compact sweeper and related items as part of the Capital Improvement Plan, Project 1319. On November 9, 2023, City Council approved the purchase of the sub-compact sweeper and related items. Due to an oversight of the quote excluding tax, an amendment to the Contractual Equipment and Services Agreement is needed. As detailed in the November 9, 2023 staff report, City staff utilized cooperative purchasing through Sourcewell which identified RJMS Corporation dba Toyota Material Handling of Northern California as the lowest bidder.

City Council authorized the City Manager to enter into an agreement with RJMS Corporation dba Toyota Material Handling of Northern California in an amount not to exceed $165,000. On December 13, 2023, the City Manager entered into an agreement with RJMS Corporation dba Toyota Material Handling of Northern California in the amount of $163,321.00.

DISCUSSION/ANALYSIS
On June 30, 2024, the City received the Madvac LS175 sub-compact sweeper which On June 30, 2024, the City received the Madvac LS175 sub-compact sweeper which will streamline debris removal for the newly installed bike lanes to ensure long-term usability and safety. By investing in the sub-compact sweeper, the City further demonstrates its commitment to the well-being and safety of its citizens, promoting the use of bicycles as a viable mode of transportation that will help reduce carbon emissions and encourage environmental stewardship. Clean bike lanes will also enhance the overall appearance of the City, creating a more inviting environment and biking experience for residents and visitors.

Upon receipt of the invoice, it was discovered that the agreement amount of $163,321 did not include tax. Including tax, the total cost of the sub-compact sweeper is $180,824.26. In addition, because it will likely be 30 days beyond the delivery date when payment will be issued, there may be a service charge of up to $2,712.36 (1.5% of the invoice amount), bringing the agreement total to $183,536.62. Due to this administrative error, the previous not to exceed amount in the agreement with RJMS Corporation dba Toyota Material Handling must be increased from $163,321.00 to $183,536.62, requiring an additional $20,215.62. This amount is $18,536.62 over the previously approved amount of $165,000.00 by City Council on November 9, 2023.

FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 includes sufficient funding in Project 1319 for the additional cost to purchase the sub-compact sweeper.

REVIEW AND APPROVAL
Prepared by - Tonya Connolly, Maintenance Superintendent Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - sub-compact sweeper
Invoice - sub-compact sweeper
Executed Agreement
Nov. 9, 2023 Staff Report - sub-compact sweeper purchase approval (TCR1)
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AMENDED CONTRACTUAL SERVICES

AGREEMENT WITH RJMS CORPORATION DBA TOYOTA

MATERIAL HANDLING OF NORTHERN CALIFORNIA FOR

THE PURCHASE OF A SUB-COMPACT SWEEPER
WHEREAS, the City Council approved Resolution No. 11578 authorizing the purchase of a sub-compact sweeper, Capital Improvement Plan Project 1319; and WHEREAS, Resolution No. 11578 authorized the City Manager to enter into an agreement with RJMS Corporation dba Toyota Material Handling of California in an amount not to exceed $165,000 for the purchase; and
WHEREAS, the agreement not-to-exceed amount of $163,321.00 did not include tax; and WHEREAS, the sub-compact sweeper was received on June 30, 2024 and the City may incur a service charge for payment of the invoice beyond 30 days; and WHEREAS, the total agreement amount must be increased by $20,215.62 to include these aforementioned costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark herby authorizes the City Manager to enter into an agreement, in a form approved by the City Attorney, for the purchase of a MadVac LS175 sub-compact sweeper from RJMS Corporation dba Toyota Material Handling of California in the amount not to exceed $183,536.62.

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

Payment Terms: Net due on receipt of invoice, unless otherwise specified. Accounts over 30 days are subject to 1 ½% service charge (annual rate 18%), and all costs of collection including reasonable attorney's fees. This invoice is deemed correct unless errors are reported in writing to Total Industries within 10 days of the date hereof.

Please Remit To:

RJMS Corporation dba Total Industries
PO BOX 888526LOS ANGELES, CA 90088-8526
Livermore (Corporate) | West Sacramento | Salinas | Fresno | 800.527.3746 www.total-ind.com | CSLB Lic. 925489 | 6999 Southfront Rd. Livermore, CA 1 ** INVOICE ** Page 1
Date Customer P.O. Br Ship Date Salesman Customer Document 12/16/23 2024-643 001 6/28/24 STEVE BURNETT 22006 ML2733 Sold To CITY OF NEWARK Ship To CITY OF NEWARK
37101 NEWARK BLVD 37101 NEWARK BLVD
NEWARK CA 94560 3796 NEWARK CA 94560 3796
510/578-4310 510/578-4310
Terms NET 30 DAYS 30
Qty Description Each Amount
MV LS175 92483 162,821.00 162,821.00
MADSD175VRL000008

COMPACT STREET SWEEPER
K203618 CARTRIDGE FILTRUTATION SYSTEM
K200640 PRESSURE WASHER GUN
K200636 ELECTRIC WINDSHIELD DEFROST

HEATED MIRRORS

FIRE EXTINGUISHER

TIRE FLATPROOFING

LED DIRECTIONAL STROBE AT BACK OF UNIT,
2 LED STROBE LIGHTS ON RIGHT AND LEFT SIDES
FRONT AND BACK.

SPARE PARTS:
200775-ET ( 2 ) PRE FUEL FILTER
200776-ET( 2 ) FUEL FILTER
MN200778 ( 2 ) OIL FILTER
MV200779 ( 2 ) AIR FILTER PRIMARY
MV200780 ( 2 ) AIR FILTER SECONDARY
200003-ET ( 2 ) HYDRAULIC FILTRATION
2000067-ET ( 3 ) BRUSH GB POLY
203157-UT ( 1 ) SKATE BUSE RH
203158-UT ( 1 ) SKATE BUSE LH
203159-UT( 1 ) SKATE BUSE CENTER
201668-DT ( 1 ) RUBBER FLAP BASE
201228-DT ( 1 ) PLATE FRONT RUBBER FLAP
MV11850 ( 1 ) KEY, IGINTION, SPARE, SET OF 2
MV201968( 1 ) KEY, SIDE DOORS

CONTINUED
Payment Terms: Net due on receipt of invoice, unless otherwise specified. Accounts over 30 days are subject to 1 ½% service charge (annual rate 18%), and all costs of collection including reasonable attorney's fees. This invoice is deemed correct unless errors are reported in writing to Total Industries within 10 days of the date hereof.

Please Remit To:

RJMS Corporation dba Total Industries
PO BOX 888526LOS ANGELES, CA 90088-8526
Livermore (Corporate) | West Sacramento | Salinas | Fresno | 800.527.3746 www.total-ind.com | CSLB Lic. 925489 | 6999 Southfront Rd. Livermore, CA 2 ** INVOICE ** Page 2
Date Customer P.O. Br Ship Date Salesman Customer Document 12/16/23 2024-643 001 6/28/24 STEVE BURNETT 22006 ML2733 Sold To CITY OF NEWARK Ship To CITY OF NEWARK
37101 NEWARK BLVD 37101 NEWARK BLVD
NEWARK CA 94560 3796 NEWARK CA 94560 3796
510/578-4310 510/578-4310
Terms NET 30 DAYS 30
Qty Description Each Amount
DEALER PREP AND DELIVERY 500.00 500.00
CITY OF NEWARK 971 5,698.74
CA STATE LOCAL TAX 2,035.26
CA STATE & COUNTY TAX 9,769.26
ARE YOUR FORKLIFT OPERATORS OSHA CERTIFIED?
CONTACT TMH Training Dept. at 1-800-527-3746.

Total 180,824.26

Item D.6.

DATE 11/09/2023
TO Honorable Mayor and City Council Members
FROM Tonya Connolly, Maintenance Superintendent
SUBJECT Adopt a resolution approving a Contractual Equipment and Services Agreement with RJMS Corporation dba Toyota Material Handling of Northern California for the purchase of a sub-compact sweeper

SUMMARY AND RECOMMENDATION
The Maintenance Division of the Public Works Department has identified a need to purchase a sub-compact sweeper and transport trailer to maintain the Class IV separated bike lanes equipped with K71 posts on Cherry Street and Newark Boulevard.

The Capital Improvement Plan contains sufficient funding for these necessary purchases.

Staff recommends that the City Council approve Contractual Equipment and Services Agreements with RJMS Corporation dba Toyota Material Handling of Northern California for the purchase of a sub-compact sweeper.

BACKGROUND
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 includes funding for the purchase of a sub-compact sweeper and transport trailer for the Maintenance Division of the Public Works Department as part of the Capital Improvement Plan, Project 1319. The City of Newark would utilize the sub-compact sweeper for maintenance of the new Class IV separated bike lanes equipped K71 posts located on Cherry Street and Newark Boulevard.

Purchase of a Madvac LS175 sub-compact sweeper would help streamline debris removal for the newly installed bike lanes to ensure long-term usability and safety. By investing in a sub-compact sweeper, the City further demonstrates its commitment to the well-being and safety of its citizens and promotes the use of bicycles as a viable mode of transportation that will help carbon emissions and encourage environmental stewardship.

Clean bike lanes will also enhance the overall appearance of the City, creating a more inviting environment and biking experience for residents and visitors.

DISCUSSION/ANALYSIS
City staff utilized cooperative purchasing through Sourcewell to identify the vendor for the sub-compact sweeper. The City's purchasing ordinance authorizes cooperating purchase as an alternative option to Newark's formal bidding process. This allows the City to save 7/17/24, 10:58 AM Print Agenda Item
https://destinyhosted.com/print_ag_memo.cfm?seq=833&rev_num=0&mode=External&reloaded=true&id=63927 1/2 the cost and time associated with an additional formal bid process but also ensures competitive set prices established by another agency's formal bidding process.

Sourcewell received bids for street sweepers and specialty sweepers with related equipment, accessories and supplies. RJMS Corporation dba Toyota Material Handling of Northern California was selected by Sourcewell through a competitive bidding process and was issued Contract No. 093021. RJMS Corporation dba Toyota Material Handling of Northern California was selected because it met the specifications issued by Sourcewell and submitted the lowest bid with the cost of the Madvac LS175 sub-compact sweeper set at $165,000. RJMS Corporation dba Toyota Material Handling of Northern California is the local distributor of Madvac LS175 sub-compact sweepers.

The sub-compact sweeper cost of $165,000 does not include a transport trailer and City logos which are estimated collectively not to exceed an additional $20,000. Those purchases are within the City Manager's authority and already budgeted. Thus, the total budget for the purchase of a new sub-compact sweeper, including the trailer and outfitting, is $185,000.

FISCAL IMPACT
The 2022-2024 Biennial Budget and Capital Improvement Plan for Fiscal Year 2024 includes sufficient funding in the Capital Improvement Plan for the purchase of a subcompact sweeper from RJMS Corporation dba Toyota Material Handling of Northern California.

REVIEW AND APPROVAL
Prepared by - Tonya Connolly, Maintenance Superintendent Reviewed by - Soren Fajeau, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Sub Compact Sweeper Resolution
Agreement - Sub-Compact Sweeper
7/17/24, 10:58 AM Print Agenda Item
https://destinyhosted.com/print_ag_memo.cfm?seq=833&rev_num=0&mode=External&reloaded=true&id=63927 2/2 Item D. 11.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Michael Carmen, Assistant Engineer
SUBJECT Adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternate Bid No. 1 to VSS International, Inc. for 2024 Slurry Seal Program, Project No. 1345
(CIPA10006.FY2024); Exempt from CEQA review per CEQA
Guidelines Section 15301
SUMMARY AND RECOMMENDATION
Bids for 2024 Slurry Seal Program, Project No. 1345 (CIPA10006.FY2024) were opened on June 25, 2024. The low monetary bidder, VSS International, Inc. provided a responsive bid, is experienced in this type of project, and is a responsible contractor.

Staff recommends that the City Council adopt a resolution accepting the bid and awarding the contract for the Base Bid and Additive Alternative Bid No. 1 to VSS International, Inc., in the amount of $422,000 for 2024 Slurry Seal Program, Project No. 1345 (CIPA10006.FY2024). Staff also recommends including an additional $42,000 in construction contingency, bringing the recommended allocation for the project to $464,000.

BACKGROUND
The application of slurry seal to an existing asphalt surface is considered a preventative maintenance treatment for roadway pavement. It involves the application of sealant materials, which are designed to extend pavement life. Slurry seal consists of a thin overcoat inclusive of water, asphalt emulsion, aggregate, and additives designed to protect the underlying pavement structure and provide a new driving surface. Slurry seal extends pavement life an additional five to seven years before a mill and fill, overlay, or full reconstruction is required. Slurry seal is less intensive than a typical pavement overlay, but more cost-effective, which allows for a greater number of streets to be treated. The quick application and dry time of slurry seal also minimize impacts to local traffic.

The project also includes one Additive Alternate Bid Item which would include black-colored aggregates instead of the typical grey-colored aggregates in the slurry seal mixture. Use of black-colored aggregates allows the slurry seal to maintain a darker appearance for a longer period, resulting in a better color-contrast and improved visibility of pavement striping and markings on the roadways.

Streets that will receive a slurry seal with the 2024 Slurry Seal Program, Project No. 1345 (CIPA10006.FY2024) include:

Street Slurry Seal Limits
Argonne Street Mirabeau Drive - Rochelle Avenue
Baine Avenue Cherry Street – Olive Street
Breton Drive Cedar Boulevard – Tourraine Drive
Brittany Avenue Newark Boulevard – Mirabeau Drive
Cabernet Avenue Haley Street – Tozier Street
Elm Street Thornton Avenue – UPRR
Laurel Street Peachtree Avenue – Thornton Avenue
Locust Street Thornton Avenue – UPRR
Locust Street Peachtree Avenue – Sunset Avenue
Mowry School
Road
Cedar Boulevard – HWY 880/South
Nelson Place Sheridan Court – End
Oldham Place Windermere Drive – End
Papaya Street Peachtree Avenue – Peachtree
Avenue
Peachtree
Avenue
Willow Street – Spruce Street
Rochelle Avenue Cherry Street – Cedar Boulevard
Sheridan Court Reymouth Drive – End
Souza Avenue Burdick Street – End
Spruce Street Thornton Avenue – Mayhews Landing
Road
Sunset Avenue Spruce Street – Locust Street
Tozier Street Haley Street – Cabernet Avenue
Walnut Street Thornton Avenue - UPRR

DISCUSSION/ANALYSIS
Bids for the 2024 Slurry Seal Program, Project No. 1345 (CIPA10006.FY2024) were opened on June 25, 2024. The City received a total of four bids as follows:

Bidder Base Bid Additive
Alternate
Bid Item 1
Base Bid
PLUS Additive
Alternate Bid
Item 1
VSS
International,
Inc.
$409,000.00 $13,000.00 $422,000.00
Graham
Contractors,
Inc.
$462,945.00 $22,750.00 $485,695.00
Pavement
Coatings Co.
$516,564.15 $32,500.00 $549,064.15
Doolittle
Construction,
LLC
$733,000.00 $6,500.00 $739,500.00
Engineer’s
Estimate
$594,280.50 $52,000.00 $646,280.50
As stated in the Project Specifications, determination of the low monetary bidder was based on the total Base Bid.

The lowest monetary bidder, VSS International, Inc., submitted a responsive bid and is experienced in this type of project.

Based on the bid submitted by VSS International, Inc., staff recommends the addition of Additive Alternate Bid No. 1 (Substitution of Black Aggregate) to the construction contract. There are sufficient funds for this project to include the recommended Additive Alternate Bid No. 1.

FISCAL IMPACT
In addition to the $422,000 contract amount, staff recommends including an additional $42,000 in construction contingency, equivalent to approximately ten percent (10%) of the contract amount, to account for material testing and other unanticipated construction costs. The added contingency would bring the recommended allocation for the project to $464,000.

Using Highway Users Tax Account funds, this project was previously budgeted in the 2022-2024 Biennial Budget and Capital Improvement Program under Project 1345 (CIPA10006.FY2024). The previously approved, unexpended appropriation will be carried over to FY 2025 for the continuation and completion of this project. Therefore, there is no fiscal impact on the 2024-2026 Biennial Budget and Capital Improvement Program.

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 – Michael Carmen, Assistant Engineer
Prepared by – Michael Carmen, Assistant Engineer
Reviewed by – Diana Cangco, Acting City Engineer
Reviewed by – Lenka Hovorka, Assistant City Manager
Reviewed by – Krysten Lee, Finance Director
Reviewed by – Kristopher J. Kokotaylo, City Attorney
Approved by – David J. Benoun, City Manager
Attachments
1036_Resolution_1345_CIPA10006.FY2024
PW Contract
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE BID AND AWARDING THE

CONTRACT FOR THE BASE BID AND ADDITIVE
ALTERNATE BID NO. 1 TO VSS INTERNATIONAL, INC. FOR
THE 2024 SLURRY SEAL PROGRAM, PROJECT NO. 1345
CIPA10006.FY2024.

WHEREAS, the Public Works Department invited sealed bids for the construction of public improvements for 2024 Slurry Seal Program, Project No. 1345 CIPA10006.FY2024 (the “Project”); and
WHEREAS, the City has, upon due notice, received a total of four bids for the Project that were reviewed by staff for responsiveness and responsibility; and WHEREAS, as stated in the Project Specifications, determination of the low monetary bidder was based on the total Base Bid; and
WHEREAS, VSS International, Inc. was determined to be lowest responsible bidder with a Base Bid of $409,000 and Additive Alternative Bid Item 1 of $13,000; and WHEREAS, staff also recommends allocating an additional $42,000 in construction contingency, which would bring the total allocation for Project No. 1345 CIPA10006.FY2024 to $464,000;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby find that VSS International, Inc. is the lowest responsive and responsible bidder for 2024 Slurry Seal Program, Project No. 1345 CIPA10006.FY2024, in the City of Newark.

BE IT FURTHER RESOLVED that the City Council does hereby accept said bid of said company and does hereby authorize the City Manager of the City of Newark to execute an agreement with said company, in a form approved by the City Attorney, for the construction of 2024 Slurry Seal Program, Project No. 1345 CIPA10006.FY2024, according to the specifications and terms of said bid for the Base Bid plus Additive Alternate Bid No. 1 in an amount not to exceed $422,000.

BE IT FURTHER RESOLVED that the City Council does hereby approve a construction contingency in the amount of $42,000 resulting in a total allocation of $464,000 for the Project, with funding through previously appropriated Highway Users Tax Account funds as follows:

Description Expenditure Amount
Gas Tax - HUTA Fund 201.90.091.910.6221.CIP001345 $464,000 BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager, or their designee, to execute any change orders necessary to account for material testing and other unanticipated construction costs within the total allocation for the Project.

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

AGREEMENT (PUBLIC WORKS CONTRACT)
THIS AGREEMENT, made and entered into this day, of , 2024, and between the CITY OF NEWARK, a municipal corporation and the General Law Class, State of California, hereinafter called the “CITY” and VSS International Inc., a , hereinafter called the “CONTRACTOR”:

WITNESSETH:

That the City and Contractor for the consideration, hereinafter named, agree as follows:

1. That complete Contract includes all of the Contract Documents as if set forth in full herein, to wit: the Notice to Contractors; the Proposal to the City of Newark; the Accepted Bid (Unit Price Schedule); the Bidder’s Statement of Subcontractors’; the Performance Bond; the Payment Bond; the Plans and Specifications; this Agreement; and all Addenda setting forth any modifications or interpretations of any of said Documents.

2. The Contractor will furnish all materials except as otherwise provided in the Specifications and on the Plans and will perform all the work necessary to construct and complete in a good workmanlike and substantial manner, and to the satisfaction of the Engineer, public improvements in accordance with that certain document headed:
2024 SLURRY SEAL PROGRAM, PROJECT No. 1345
and the Standard Specifications and Plans of the Department of Transportation, State of California, dated May 2006.

All of the above work is on City property, and under the direction of the Engineer or other official designated by the City to supervise said work, all as provided in and subject to the Contract Documents.

1. The Contractor shall comply with all applicable local, state, and federal regulations.

2. The Contractor shall maintain a valid Class A and C-12 California Contractor License throughout the performance of work under this contract.

3. The Contractor shall submit a receipt copy or other evidence showing payment of the current City of Newark Business License fee.

4. The Contractor shall provide a Certificate of Insurance to show proof of Comprehensive General Liability Insurance of (minimum) $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and bodily damage; and Workers Compensation and Employers Liability Insurance as required by the Labor Code of the State of California.

5. As of July 1, 2014, all contractors bidding on this project are required to register with the Department of Industrial Relations (DIR) and to pay the required annual fee. Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. The Contractor will be required to submit certified payrolls during the course of this project. This project is subject to compliance enforcement and monitoring by the State of California DIR.

6. The City will pay the Contractor in current funds for the performance of the Contract on the basis of the accepted unit prices and the actual measured quantities of work done at such time as are stated in the Specifications, and will otherwise fulfill its obligations thereunder.

7. All time limits stated in the Contract Documents are of the essence of this Agreement.

8. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith.

9. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen’s compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

10. If any action shall be brought by the City for the enforcement of any of the conditions, covenants or agreements herein the prevailing party shall recover reasonable attorney’s fees.

11. The Contractor hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, injury, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Contractor, its officers, employees or agents in the performance of any service or work pursuant to this Contract.

The duty of Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Contractor to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

It shall be required 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 the Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph, including but not limited to the duty to indemnify City set forth herein. By execution of this Contract Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration.

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

CITY OF NEWARK FOR THE CONTRACTOR:
a Municipal Corporation
By By
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Item D. 12.

DATE 07/25/2024
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.

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
Prepared by - Diana Cangco, Acting City Engineer
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution
Cooperative Agreement
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.

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 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; 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.

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 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.

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.

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 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 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 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.

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.

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 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.

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: __________________________________

EXHIBIT A
Old Town Streetscape Project Site Area

EXHIBIT B
ACWD Design Scope Costs
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 Item E. 1.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Brett Oeverndiek, Management Analyst II
SUBJECT Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments
SUMMARY AND RECOMMENDATION
The City of Newark conducts an annual weed abatement program as a fire prevention measure. This is a combined effort between the City's Maintenance Division and the Alameda County Fire Department Fire Prevention staff. Vacant properties with the potential for extensive weed growth are typically included in the program and property owners have the option to either complete the weed abatement work themselves or have the work completed by a City contractor. On May 23, 2024, the City Council directed the Superintendent of Streets to abate weeds on 18 parcels of land. Following notification, property owners cleared 102 parcels and the remaining 18 parcels were cleared by the City's contractor. The properties cleared by the City's contractor have a resulting range of assessments between $306 and $1,632. The combined total for all assessments was $12,036.

Staff recommends that the City Council, by motion, act upon any objections by property owners for assessments on their parcels for the 2024 Weed Abatement Program and, by resolution, confirm the Superintendent of Streets Report concerning weed abatement assessments.

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

Administrative costs are 20% of the cost of the weed abatement services pursuant to the adopted Master Fee Schedule. Prior to abatement, there were approximately 120 industrial, residential and commercial parcels that have large areas of vacant ground with regular seasonal weed growth that could have developed into a fire hazard if not properly maintained.

DISCUSSION/ANALYSIS
The Superintendent of Streets’ report on the 2023 Weed Abatement Program is submitted pursuant to Resolution No. 11632 adopted by the City Council on April 25, 2024. The report showing the assessments for the fall 2023 and the spring 2024 weed abatement has been posted as required. Owners whose properties are subject to an assessment may protest at this meeting or submit their objections prior to the hearing.

As of July 16, 2024, no written objections have been received. On May 23, 2024, the City Council directed the Superintendent of Streets to abate weeds on 120 parcels of land. Following notification, private property owners cleared 102 parcels and the City’s contractor cleared 18 parcels. This year, the assessments ranged from $306 to $1,632. The lowest cost is for a vacant property that required minimal work. The highest cost was for a property that required extensive tractor work. There were no additional supplemental lot clearings for the 2023 fall abatement work included in this year’s assessments. The combined total for all assessments, including administrative fees, was $12,036. All work completed through the 2024 Weed Abatement Program is paid for through the proposed assessments.

FISCAL IMPACT
There is no fiscal impact associated with this action.

REVIEW AND APPROVAL
Prepared by - Brett Oeverndiek, Management Analyst II
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - 2024 Weed Abatement
Resolution Exhibit A - 2024 Weed Abatement Assessments
(nhr1)
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK CONFIRMING THE REPORT OF THE

SUPERINTENDENT OF STREETS CONCERNING WEED

ABATEMENT ASSESSMENTS AND APPROVING SPECIAL

ASSESSMENTS
WHEREAS, the City Council of the City of Newark, by Resolution No. 11632, ordered certain rubbish, refuse, dirt, and weeds to be abated in the manner provided by Sections 39560 and 39586 inclusive, of the Government Code of the State of California; and WHEREAS, the Superintendent of Streets has caused said rubbish, refuse, dirt, and weeds to be abated. Nuisances abated and an accounting of the cost of abatement in front of or on each separate parcel of land has been set forth in a report entitled “Exhibit A – 2024 City of Newark Weed Abatement – Total Assessments” and attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the report of the Superintendent of Streets attached hereto and made a part hereof as Exhibit A is hereby confirmed.

BE IT FURTHER RESOLVED that the cost of abating the nuisance for each respective parcel is set forth in said report under the column entitled “Total Assessment”.

BE IT FURTHER RESOLVED that there is hereby levied a special assessment against each parcel of land described in said report in the amount of $12,036 as shown in said column “Total Assessment”.

BE IT FURTHER RESOLVED that the costs levied as a special assessment against the parcels of land described in said report shall become a lien upon the property.

EXHIBIT A
2024 City of Newark Weed Abatement

TOTAL ASSESSMENTS

MAP NO.

APN

LOCATION

TOTAL ASSESSMENT
($)
3, 3.1, 3.2 092013100109
092013100204
092013100300
Filbert St at Snow
714
8 092003001502 6733 Thornton Ave 612

11.41 092012702100 SP Railroad Property 306

11.39 092A200000400 SP Railroad Property 1,224
16 092003101900 6991 Thornton Ave
(Primary Address
Undetermined)
408
28 092A230000612 38403 Cherry St 1,632
35 537085200102 8787 Enterprise Dr 1,632
36 092011501100 37445 Willow St 1,224

36.1 092010000402 Willow St 408
44 092012401400 Railroad Ave Spruce &
Walnut
408
45 092012501000 7843 Railroad Ave 612
53 092A103603102 6152 Thornron Ave 816
63 092A062304300 36589 Newark Blvd 816
65 092012701300 Walnut St Corner Lot 306
68 092014000500 8333 Enterprise Dr 510
72 092005200400 Thornton Ave 408
TOTAL $12,036
Item E. 2.

DATE 07/25/2024
TO Honorable Mayor and City Council Members
FROM Brett Oeverndiek, Management Analyst II
SUBJECT Public Hearing for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 and Adopt a Resolution Confirming Diagrams and Assessments and Levying and Collection of
Assessments for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18, 19 for Fiscal 2025 and Order the Dissolution of Landscaping and Lighting District Nos. 6, 10 and 13 Commencing in Fiscal Year 2025
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”) in order to fund ongoing landscaping and lighting maintenance and improvements at various locations in the City in accordance with the provisions of the Landscaping and Lighting Act of 1972. On April 11, 2024, the City Council initiated proceedings for the levy and collection of annual assessments for each established District and directed staff to prepare and file annual Engineer’s Reports detailing such assessments for the City Council’s consideration. On June 13, 2024, the City Council approved the annual Engineer’s Reports and scheduled a public hearing to consider the annual levy of assessment for each District. 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, on June 13, 2024 City Council also initiated dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13.

This agenda item represents the last of the required annual actions by the City Council to levy and collect District assessments in Fiscal Year (FY) 2025. Staff recommends that the City Council conduct a public hearing, and at the conclusion of the public hearing, if a majority protest does not exist for any Districts, staff further recommends the City Council adopt a resolution confirming the diagrams and assessments, and the levying and collection of assessments for the Districts, and orders the dissolution of Landscaping and Lighting District Nos. 6, 10 and 13.

BACKGROUND
The City Council previously established the Districts to provide for the annual operation 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.

The total assessment for this District, as stated in the approved Engineer's Report, is approximately $41,550 for Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $26,680 for Fiscal Year 2024-25.

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). The total assessment for this District, as stated in the approved Engineer's Report, is approximately $111,990 for Fiscal Year 2024-25.

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 City does not levy assessments within this District because improvements are privately maintained to City standard and therefore, City staff is recommending this district be dissolved commencing with Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $25,590 for Fiscal Year 2024-25.

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 maintain the improvements. The City does not levy assessments within this District because improvements are privately maintained to City standard and therefore, City staff is recommending this district be dissolved commencing with Fiscal Year 2024-25.

Landscaping and Lighting District No. 11: Edgewater Drive - Provides for the maintenance of landscaped medians on Edgewater Drive. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $28,175 for Fiscal Year 2024-25.

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. The City does not levy assessments within this District because improvements are privately maintained to City standard and therefore, City staff is recommending this district be dissolved commencing with Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $5,050 for Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $19,900 for Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $6,240 for Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $10,980 for Fiscal Year 2024-25.

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. The total assessment for this District, as stated in the approved Engineer's Report, is approximately $120,720 for Fiscal Year 2024-25.

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.

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. In some instances, as shown in the attached Engineer's Reports, the total projected expenses exceed total projected revenues. This is due to the spending down of available reserves.

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 final step to dissolve Landscaping and Lighting District Nos. 6, 10 and 13 is for City Council to approve the attached Resolution.

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 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.

An amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan for FY 2025 is necessary to establish the budget and authorize the allocation of all necessary expenditures as identified in the approved annual Engineer’s Reports for Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19.

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 LLDs
L&L No. 1
L&L No. 2
L&L No. 4
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
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK

CONFIRMING DIAGRAMS AND ASSESSMENTS AND LEVYING

AND COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND
LIGHTING DISTRICT NOS. 1, 2, 4, 7, 11, 15, 16, 17, 18 AND 19, FOR FISCAL YEAR 2024-25; AND ORDER THE DISSOLUTION FOR
LANDSCAPING AND LIGHTING DISTRICT NOS. 6, 10, AND 13
COMMENCING IN FISCAL YEAR 2024-25
WHEREAS, the City Council of the City of Newark (the “City”) 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 (commencing with Section 22500)(the “Act”) to establish the City’s Landscaping and Lighting District Nos. 1, 2, 4, 6, 7, 10, 11, 13, 15, 16, 17, 18 and 19 (the “Districts”); and
WHEREAS, the City has, by previous Resolution No. 11649, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19, and initiated dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13 for Fiscal Year 2024-25 and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in Resolution No. 11649, a Public Hearing has been held where all objections to the assessments were considered, and the Public Hearing concluded for each District; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council, with Resolution No. 11631, directed the City Engineer, Engineer of Work for the Districts, to prepare and file annual reports for Fiscal Year 2024-25.

2. The Engineer of Work filed the annual reports on June 13, 2024, and the City Council adopted its resolution of intention, Resolution No. 11649, to levy and collect assessments within the Landscaping and Lighting District Nos. 1, 2, 4, 7, 11, 15, 16, 17, 18 and 19 for Fiscal Year 2024-25; initiated dissolution proceedings for Landscaping and Lighting District Nos. 6, 10 and 13 pursuant to Section 22610 of the Act; and set a public hearing to be held on July 25, 2024, at 7 p.m. or as soon thereafter as the matter may be heard, in the meeting place of the City Council located in the City Administration Building, 37101 Newark Boulevard, Newark, California. Notice of the hearing was given in the time and manner required by law.

3. At the public hearing, the City Council afforded every interested person an opportunity to make a protest to the annual reports and as to the question of the levy and collection of assessments, either in writing or orally, and the City Council has considered each protest.

4. The City Council hereby approves the annual reports and confirms the diagrams and assessments as set forth in the approved annual reports of the Engineer of Work, and hereby levies the assessments set forth therein for Fiscal Year 2024-25.

5. The City Council hereby approves the dissolution of Landscaping and Lighting District Nos. 6, 10, and 13 commencing in Fiscal Year 2024-25.

6. The City Council hereby amends the annual budget for Fiscal Year 2024-25 for the funding of levied assessments and the allocation of all necessary expenditures in the approved annual reports of the Engineer of Work for all budgeted line items as identified therein.

Landscaping and Lighting District No. 1
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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 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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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
CO

BLUETIDE WY

MPASS 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)

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”.

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.

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.

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.

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.

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
Landscaping and Lighting District No. 2
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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 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

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.

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.

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.

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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 2 PLANS AND SPECIFICATIONS 5 PART A

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.

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.

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

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.

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.

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)

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.

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.

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.

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.

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
Landscaping and Lighting District No. 4
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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 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

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.

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.

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:

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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 4 PLANS AND SPECIFICATIONS 5 PART A

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.

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.

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.

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

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.

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.

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

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,

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.

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.

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

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.

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

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.

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 $194.06 2
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 $194.06 2
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 $194.06 2
901 -0201-042-00 $194.06 2
PART E - 1 05/03/24

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 $194.06 2
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 $194.06 2
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 $194.06 2
901 -0203-006-00 $194.06 2
PART E - 2 05/03/24

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 $194.06 2
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
Landscaping and Lighting District No. 7
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
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 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

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.

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.

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:

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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 7 PLANS AND SPECIFICATIONS 5 PART A

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.

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.

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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 $25,592
Non-Assessment Revenues1 $221
Total Projected Revenues $25,813
Projected Expenses
Contract Services $7,149
Utilities $20,617
Administration and Incidentals $7,246
County Collection Fees $435
Unforeseen Maintenance and Repairs2 $1,772
Total Projected Expenses $37,220
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $14,763
Reserve Fund Collection Increase/(Decrease) ($11,407)
Ending Fund Balance - June 30, 2025 $3,356
Recommended Operating Reserves $17,724
Available Operating Reserves $3,356
Available Capital Reserves $0
1 Non-Assessment Revenue includes interest earnings estimated at 1.5% of Projected Beginning Fund Balance and any other non-assessment revenue sources. 2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 7
Fiscal Year 2024-25 Cost Estimate

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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.

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ASSESSMENT DIAGRAM 10 PART C

A reduced copy of the Assessment Diagram is shown on the following page.

NEWARK BL

JARVIS AV

CEDAR BL

BLACKBURN DR

CHAPMAN DR

ABINGTON
DR

DOVER CT

REYMOUTH DR

ABINGTON CT

JARVIS AV

ASSESSMENT DIAGRAM
Legend
LLD No. 7 Boundary
Parcels
± 0 350 700
Feet
(NEWARK BOULEVARD AT JARVIS AVENUE)
LANDSCAPING AND LIGHTING DISTRICT NO. 7

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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.

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 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.

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 twostep 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.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o 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.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 7 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 at the time of formation determined the costs of maintaining landscaping was to be spread proportionately based on each property’s gross square footage of the buildings, or on a building square footage basis. Costs will be apportioned to any undeveloped or vacant parcels based on the maximum building size permitted by the City 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 City proposes to collect the maximum assessment revenue from the assessable parcels located in the District, which amounts to $0.187 per building square foot 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.

These types of parcels do not benefit from the improvements.

CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 7 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2024-25 is $25,591.66.

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 7

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0720-007-00 $7,192.02
092A-0720-009-00 $4,527.64
092A-0720-010-00 $673.94
092A-0720-012-00 $1,069.64
092A-0720-013-00 $1,825.12
092A-0720-014-00 $1,870.00
092A-0720-018-00 $943.22
092A-0720-019-00 $2,315.80
092A-0720-020-00 $391.02
092A-0720-021-00 $391.02
092A-0720-024-00 $1,400.26
092A-0720-025-00 $1,647.46
092A-0720-026-00 $1,344.52
Total Parcels: 13
Total Assessment: $25,591.66
PART E - 1 05/03/24
Landscaping and Lighting District No. 11
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 11 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 11
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

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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. 11 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape improvements within and adjacent to the boundaries of the District.

The District generally consists of those properties south of Interstate 880, west of Elmwood Avenue and Blackwood Drive, north of Cedar Boulevard and those properties along and north of Lake Boulevard, and east of State Route 84. 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 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.

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 11
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.

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 PLANS AND SPECIFICATIONS 5 PART A

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 medians on Edgewater Drive, Lake Boulevard, and Parkshore Drive. Costs include all maintenance and operational costs including normal upkeep, operating expenses, management expenses, replacement, and replanting 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.

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 $28,175
Non-Assessment Revenues1 $1,173
Total Projected Revenues $29,348
Projected Expenses
Contract Services2 $56,064
Utilities $500
Administration and Incidentals $11,827
County Collection Fees $479
Unforeseen Maintenance and Repairs3 $3,443
Total Projected Expenses $72,313
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $78,189
Reserve Fund Collection Increase/(Decrease) ($42,965)
Ending Fund Balance - June 30, 2025 $35,224
Recommended Operating Reserves $34,435
Available Operating Reserves $34,435
Available Capital Reserves $789 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 $37,000 for Plant & Tree Replacement, Grading, Irrigation & Pop-Up Replacement, Irrigation Retrofit, and Re-mulch projects.
2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 11
Fiscal Year 2024-25 Cost Estimate

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ASSESSMENT DIAGRAM 10 PART C

A reduced copy of the Assessment Diagram is shown on the following page.

SR84
EB
SR84 WB

CEDAR BL

LAKE BL

NEWARK BL

JARVIS AV

EDGEWATER DR

DARVON ST

LIDO BL

DUPONT AV

BLACKBURN DR

CHAPMAN DR

RUSCHIN DR

CHARLES ST

PARKSHORE DR

CHELSEA DR

RAMSGATE DR

SANDALWOOD ST

REYMOUTH DR

ENFIELD DR

MCDONALD AV

FARNHAM DR

SALISBURY DR

LUNDY DR

ABINGTON D
R

TENAYAAV

LAFAYETTE AV

ELMWOOD AV

VINEWOOD ST

CARDIFF ST

PORTSMOUTH AV

LAKEWOOD DR

SCARBOROUGH DR

FERNWOOD
DR

BLACKWOOD DR

RAVENWOOD
AV

CHANNEL DR
I880
NB

TUDOR PL

SEVERN DR

WINDERMERE DR
NEWARK ON SR84 RAMP EB

WINSFORD CT

FORESTWOOD
DR

NORWICH PL

SHERIDAN CT

MAIDSTONE CT

LIDO CT

TUNBRIDGE DR

PRESTON PL

STAFFORD PL

BUCKINGHAM CT

ABBOTFORD CT

CORNWALL PL

DORCHESTER CT

TYNE PL

ROCKPORT CT

DOVER CT

DERBY PL

HUMBER PL

ASSESSMENT DIAGRAM
Legend
LLD No. 11 Boundary
Parcels
± 0 1,350 2,700
Feet
(EDGEWATER DRIVE/LAKE AREA)
LANDSCAPING AND LIGHTING DISTRICT NO. 11

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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.

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.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 median landscape improvements can be summarized as follows:
• Improved aesthetics:
o Well-maintained and attractive median 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 median 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 in 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 median landscaping that improves safety and provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 11 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 formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements. Therefore, the most appropriate method of apportioning costs was determined to be spreading all District costs equally to each parcel in the District. 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 $25.00 per parcel 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 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.

CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 11 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2024-25 is $28,175.00.

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0712-002-00 $25.00
092A-0712-003-00 $25.00
092A-0712-004-00 $25.00
092A-0712-005-00 $25.00
092A-0712-006-00 $25.00
092A-0712-007-00 $25.00
092A-0712-008-00 $25.00
092A-0712-009-00 $25.00
092A-0712-010-00 $25.00
092A-0712-011-00 $25.00
092A-0712-012-00 $25.00
092A-0712-013-00 $25.00
092A-0712-014-00 $25.00
092A-0712-015-00 $25.00
092A-0712-016-00 $25.00
092A-0712-017-00 $25.00
092A-0712-018-00 $25.00
092A-0712-019-00 $25.00
092A-0712-020-00 $25.00
092A-0712-021-00 $25.00
092A-0712-022-00 $25.00
092A-0712-023-00 $25.00
092A-0712-024-00 $25.00
092A-0712-025-00 $25.00
092A-0712-026-00 $25.00
092A-0712-027-00 $25.00
092A-0712-028-00 $25.00
092A-0712-029-00 $25.00
092A-0712-030-00 $25.00
092A-0712-031-00 $25.00
092A-0712-032-00 $25.00
092A-0712-033-00 $25.00
092A-0712-034-00 $25.00
092A-0712-035-00 $25.00
092A-0712-036-00 $25.00
092A-0712-037-00 $25.00
092A-0712-038-00 $25.00
092A-0712-039-00 $25.00
092A-0712-040-00 $25.00
092A-0712-041-00 $25.00
092A-0712-042-00 $25.00
092A-0712-043-00 $25.00
092A-0712-044-00 $25.00
092A-0712-045-00 $25.00
092A-0712-046-00 $25.00
092A-0712-047-00 $25.00
092A-0712-048-00 $25.00
092A-0712-049-00 $25.00
092A-0712-050-00 $25.00
092A-0712-051-00 $25.00
092A-0712-052-00 $25.00
092A-0712-053-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0712-054-00 $25.00
092A-0712-055-00 $25.00
092A-0712-056-00 $25.00
092A-0712-057-00 $25.00
092A-0712-058-00 $25.00
092A-0712-059-00 $25.00
092A-0712-060-00 $25.00
092A-0712-061-00 $25.00
092A-0712-062-00 $25.00
092A-0712-063-00 $25.00
092A-0712-064-00 $25.00
092A-0712-065-00 $25.00
092A-0712-066-00 $25.00
092A-0712-067-00 $25.00
092A-0712-068-00 $25.00
092A-0712-069-00 $25.00
092A-0712-070-00 $25.00
092A-0712-071-00 $25.00
092A-0712-072-00 $25.00
092A-0712-073-00 $25.00
092A-0712-074-00 $25.00
092A-0712-075-00 $25.00
092A-0712-076-00 $25.00
092A-0712-077-00 $25.00
092A-0712-078-00 $25.00
092A-0712-079-00 $25.00
092A-0713-001-00 $25.00
092A-0713-002-00 $25.00
092A-0713-003-00 $25.00
092A-0713-004-00 $25.00
092A-0713-005-00 $25.00
092A-0713-006-00 $25.00
092A-0713-007-00 $25.00
092A-0713-008-00 $25.00
092A-0713-009-00 $25.00
092A-0713-010-00 $25.00
092A-0713-011-00 $25.00
092A-0713-012-00 $25.00
092A-0713-013-00 $25.00
092A-0713-014-00 $25.00
092A-0713-015-00 $25.00
092A-0713-016-00 $25.00
092A-0713-017-00 $25.00
092A-0713-018-00 $25.00
092A-0713-019-00 $25.00
092A-0713-020-00 $25.00
092A-0713-021-00 $25.00
092A-0713-022-00 $25.00
092A-0713-023-00 $25.00
092A-0713-024-00 $25.00
092A-0713-025-00 $25.00
092A-0713-026-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0713-027-00 $25.00
092A-0713-028-00 $25.00
092A-0713-029-00 $25.00
092A-0713-030-00 $25.00
092A-0713-031-00 $25.00
092A-0713-032-00 $25.00
092A-0713-033-00 $25.00
092A-0713-034-00 $25.00
092A-0713-035-00 $25.00
092A-0713-036-00 $25.00
092A-0713-037-00 $25.00
092A-0713-038-00 $25.00
092A-0713-039-00 $25.00
092A-0713-040-00 $25.00
092A-0713-041-00 $25.00
092A-0713-042-00 $25.00
092A-0713-043-00 $25.00
092A-0713-044-00 $25.00
092A-0713-045-00 $25.00
092A-0713-046-00 $25.00
092A-0713-047-00 $25.00
092A-0713-048-00 $25.00
092A-0713-049-00 $25.00
092A-0713-050-00 $25.00
092A-0713-051-00 $25.00
092A-0713-052-00 $25.00
092A-0713-053-00 $25.00
092A-0715-001-00 $25.00
092A-0715-002-00 $25.00
092A-0715-003-00 $25.00
092A-0715-004-00 $25.00
092A-0715-005-00 $25.00
092A-0715-006-00 $25.00
092A-0715-007-00 $25.00
092A-0715-008-00 $25.00
092A-0715-009-00 $25.00
092A-0715-010-00 $25.00
092A-0715-011-00 $25.00
092A-0715-012-00 $25.00
092A-0715-013-00 $25.00
092A-0715-014-00 $25.00
092A-0715-015-00 $25.00
092A-0715-016-00 $25.00
092A-0715-017-01 $25.00
092A-0715-018-02 $25.00
092A-0715-019-00 $25.00
092A-0715-020-00 $25.00
092A-0715-021-00 $25.00
092A-0715-022-00 $25.00
092A-0715-023-00 $25.00
092A-0715-024-00 $25.00
092A-0715-025-00 $25.00
PART E - 1 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0715-026-00 $25.00
092A-0715-027-00 $25.00
092A-0715-028-00 $25.00
092A-0715-029-00 $25.00
092A-0715-030-00 $25.00
092A-0715-031-00 $25.00
092A-0715-032-00 $25.00
092A-0715-033-00 $25.00
092A-0715-034-00 $25.00
092A-0715-035-00 $25.00
092A-0715-036-00 $25.00
092A-0715-037-00 $25.00
092A-0715-038-00 $25.00
092A-0715-040-00 $25.00
092A-0715-041-00 $25.00
092A-0715-042-00 $25.00
092A-0715-043-00 $25.00
092A-0715-044-00 $25.00
092A-0715-045-00 $25.00
092A-0715-046-00 $25.00
092A-0715-047-00 $25.00
092A-0715-048-00 $25.00
092A-0715-049-00 $25.00
092A-0715-050-00 $25.00
092A-0715-051-00 $25.00
092A-0715-052-00 $25.00
092A-0715-053-00 $25.00
092A-0715-054-00 $25.00
092A-0715-055-00 $25.00
092A-0715-056-00 $25.00
092A-0715-057-00 $25.00
092A-0715-058-00 $25.00
092A-0715-059-00 $25.00
092A-0715-060-00 $25.00
092A-0715-061-00 $25.00
092A-0715-062-00 $25.00
092A-0715-063-00 $25.00
092A-0715-065-00 $25.00
092A-0715-066-00 $25.00
092A-0715-067-00 $25.00
092A-0715-068-00 $25.00
092A-0715-069-00 $25.00
092A-0715-070-00 $25.00
092A-0715-071-00 $25.00
092A-0715-072-00 $25.00
092A-0715-073-00 $25.00
092A-0715-074-00 $25.00
092A-0715-075-00 $25.00
092A-0715-076-00 $25.00
092A-0715-077-00 $25.00
092A-0715-078-00 $25.00
092A-0715-079-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0715-080-00 $25.00
092A-0715-081-00 $25.00
092A-0715-082-00 $25.00
092A-0715-083-00 $25.00
092A-0715-084-00 $25.00
092A-0715-085-00 $25.00
092A-0715-086-00 $25.00
092A-0715-087-00 $25.00
092A-0715-088-00 $25.00
092A-0715-089-00 $25.00
092A-0715-090-00 $25.00
092A-0715-091-00 $25.00
092A-0715-092-00 $25.00
092A-0715-093-00 $25.00
092A-0715-094-00 $25.00
092A-0715-095-00 $25.00
092A-0715-096-00 $25.00
092A-0715-097-00 $25.00
092A-0715-098-00 $25.00
092A-0715-099-00 $25.00
092A-0715-100-00 $25.00
092A-0715-101-00 $25.00
092A-0715-102-00 $25.00
092A-0715-103-00 $25.00
092A-0715-104-00 $25.00
092A-0715-105-00 $25.00
092A-0715-106-00 $25.00
092A-0715-107-00 $25.00
092A-0715-108-00 $25.00
092A-0716-001-00 $25.00
092A-0716-002-00 $25.00
092A-0716-003-00 $25.00
092A-0716-004-00 $25.00
092A-0716-005-00 $25.00
092A-0716-006-00 $25.00
092A-0716-007-00 $25.00
092A-0716-008-00 $25.00
092A-0716-009-00 $25.00
092A-0716-010-00 $25.00
092A-0716-011-00 $25.00
092A-0716-012-00 $25.00
092A-0716-013-00 $25.00
092A-0716-014-00 $25.00
092A-0716-015-00 $25.00
092A-0716-016-00 $25.00
092A-0716-017-00 $25.00
092A-0716-018-00 $25.00
092A-0716-019-00 $25.00
092A-0716-020-00 $25.00
092A-0716-021-00 $25.00
092A-0716-022-00 $25.00
092A-0716-024-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-025-00 $25.00
092A-0716-026-00 $25.00
092A-0716-028-00 $25.00
092A-0716-029-00 $25.00
092A-0716-030-00 $25.00
092A-0716-031-00 $25.00
092A-0716-032-00 $25.00
092A-0716-033-00 $25.00
092A-0716-034-00 $25.00
092A-0716-035-00 $25.00
092A-0716-036-00 $25.00
092A-0716-037-00 $25.00
092A-0716-038-00 $25.00
092A-0716-039-00 $25.00
092A-0716-040-00 $25.00
092A-0716-041-00 $25.00
092A-0716-042-00 $25.00
092A-0716-043-00 $25.00
092A-0716-044-00 $25.00
092A-0716-045-00 $25.00
092A-0716-046-00 $25.00
092A-0716-047-00 $25.00
092A-0716-048-00 $25.00
092A-0716-049-00 $25.00
092A-0716-050-00 $25.00
092A-0716-051-00 $25.00
092A-0716-052-00 $25.00
092A-0716-053-00 $25.00
092A-0716-054-00 $25.00
092A-0716-055-00 $25.00
092A-0716-056-00 $25.00
092A-0716-057-00 $25.00
092A-0716-058-00 $25.00
092A-0716-059-00 $25.00
092A-0716-060-00 $25.00
092A-0716-061-00 $25.00
092A-0716-062-00 $25.00
092A-0716-063-02 $25.00
092A-0716-064-01 $25.00
092A-0716-065-00 $25.00
092A-0716-066-00 $25.00
092A-0716-067-00 $25.00
092A-0716-068-00 $25.00
092A-0716-069-00 $25.00
092A-0716-071-00 $25.00
092A-0716-072-00 $25.00
092A-0716-073-00 $25.00
092A-0716-074-00 $25.00
092A-0716-075-00 $25.00
092A-0716-076-00 $25.00
092A-0716-077-00 $25.00
092A-0716-078-00 $25.00
PART E - 2 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-079-00 $25.00
092A-0716-080-00 $25.00
092A-0716-081-00 $25.00
092A-0716-082-00 $25.00
092A-0716-083-00 $25.00
092A-0716-084-00 $25.00
092A-0716-085-00 $25.00
092A-0716-086-00 $25.00
092A-0716-087-00 $25.00
092A-0716-088-00 $25.00
092A-0716-089-00 $25.00
092A-0716-090-00 $25.00
092A-0716-091-00 $25.00
092A-0716-092-00 $25.00
092A-0716-093-00 $25.00
092A-0716-094-00 $25.00
092A-0716-095-00 $25.00
092A-0716-096-00 $25.00
092A-0716-097-00 $25.00
092A-0716-098-00 $25.00
092A-0716-099-00 $25.00
092A-0716-100-00 $25.00
092A-0716-101-00 $25.00
092A-0716-102-00 $25.00
092A-0716-103-00 $25.00
092A-0716-104-00 $25.00
092A-0716-105-00 $25.00
092A-0716-106-00 $25.00
092A-0716-107-00 $25.00
092A-0716-108-00 $25.00
092A-0716-109-00 $25.00
092A-0716-110-00 $25.00
092A-0716-111-00 $25.00
092A-0716-112-00 $25.00
092A-0716-113-00 $25.00
092A-0716-114-00 $25.00
092A-0716-115-00 $25.00
092A-0716-116-00 $25.00
092A-0716-117-00 $25.00
092A-0716-118-00 $25.00
092A-0716-119-00 $25.00
092A-0716-120-00 $25.00
092A-0716-121-00 $25.00
092A-0716-122-00 $25.00
092A-0716-123-00 $25.00
092A-0716-124-00 $25.00
092A-0716-125-00 $25.00
092A-0716-126-00 $25.00
092A-0716-127-00 $25.00
092A-0716-128-00 $25.00
092A-0716-129-00 $25.00
092A-0716-130-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0716-131-00 $25.00
092A-0716-132-00 $25.00
092A-0716-133-00 $25.00
092A-0716-134-00 $25.00
092A-0716-135-00 $25.00
092A-0717-001-00 $25.00
092A-0717-002-00 $25.00
092A-0717-003-00 $25.00
092A-0717-004-00 $25.00
092A-0717-005-00 $25.00
092A-0717-006-00 $25.00
092A-0717-007-00 $25.00
092A-0717-008-00 $25.00
092A-0717-009-00 $25.00
092A-0717-010-00 $25.00
092A-0717-011-00 $25.00
092A-0717-013-00 $25.00
092A-0717-014-00 $25.00
092A-0717-015-00 $25.00
092A-0717-016-00 $25.00
092A-0718-001-00 $25.00
092A-0718-002-00 $25.00
092A-0718-003-00 $25.00
092A-0718-004-00 $25.00
092A-0718-005-00 $25.00
092A-0718-006-00 $25.00
092A-0718-007-00 $25.00
092A-0718-008-00 $25.00
092A-0718-009-00 $25.00
092A-0718-010-00 $25.00
092A-0718-011-00 $25.00
092A-0718-012-00 $25.00
092A-0718-013-00 $25.00
092A-0718-014-00 $25.00
092A-0718-015-00 $25.00
092A-0718-016-00 $25.00
092A-0718-017-00 $25.00
092A-0718-018-00 $25.00
092A-0718-019-00 $25.00
092A-0718-020-00 $25.00
092A-0718-021-00 $25.00
092A-0718-022-00 $25.00
092A-0718-023-00 $25.00
092A-0718-024-00 $25.00
092A-0718-025-00 $25.00
092A-0718-026-00 $25.00
092A-0718-027-00 $25.00
092A-0718-028-00 $25.00
092A-0718-029-00 $25.00
092A-0718-030-00 $25.00
092A-0718-031-00 $25.00
092A-0718-032-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0718-033-00 $25.00
092A-0718-034-00 $25.00
092A-0718-035-00 $25.00
092A-0718-036-00 $25.00
092A-0718-037-00 $25.00
092A-0718-038-00 $25.00
092A-0718-039-00 $25.00
092A-0718-040-00 $25.00
092A-0718-041-00 $25.00
092A-0718-042-00 $25.00
092A-0718-043-00 $25.00
092A-0718-044-00 $25.00
092A-0718-045-00 $25.00
092A-0718-046-00 $25.00
092A-0718-047-00 $25.00
092A-0718-048-00 $25.00
092A-0718-049-00 $25.00
092A-0718-050-00 $25.00
092A-0718-051-00 $25.00
092A-0718-052-00 $25.00
092A-0718-053-00 $25.00
092A-0718-054-00 $25.00
092A-0718-055-00 $25.00
092A-0718-056-00 $25.00
092A-0718-057-00 $25.00
092A-0718-059-00 $25.00
092A-0718-060-00 $25.00
092A-0718-061-00 $25.00
092A-0718-062-00 $25.00
092A-0718-063-00 $25.00
092A-0718-064-00 $25.00
092A-0718-065-00 $25.00
092A-0718-066-00 $25.00
092A-0718-067-00 $25.00
092A-0718-068-00 $25.00
092A-0718-069-00 $25.00
092A-0718-070-00 $25.00
092A-0718-071-00 $25.00
092A-0718-072-00 $25.00
092A-0718-073-00 $25.00
092A-0718-074-00 $25.00
092A-0718-075-00 $25.00
092A-0718-076-00 $25.00
092A-0718-077-00 $25.00
092A-0718-078-00 $25.00
092A-0718-079-00 $25.00
092A-0718-080-00 $25.00
092A-0724-007-00 $25.00
092A-0724-008-00 $25.00
092A-0724-009-00 $25.00
092A-0724-010-00 $25.00
092A-0724-011-00 $25.00
PART E - 3 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0724-012-00 $25.00
092A-0724-013-00 $25.00
092A-0724-014-00 $25.00
092A-0724-015-00 $25.00
092A-0724-016-00 $25.00
092A-0724-017-00 $25.00
092A-0724-018-00 $25.00
092A-0724-019-00 $25.00
092A-0724-020-00 $25.00
092A-0724-021-00 $25.00
092A-0724-022-00 $25.00
092A-0724-023-00 $25.00
092A-0724-024-00 $25.00
092A-0724-025-00 $25.00
092A-0724-026-00 $25.00
092A-0724-027-00 $25.00
092A-0724-028-00 $25.00
092A-0724-029-00 $25.00
092A-0724-030-00 $25.00
092A-0724-031-00 $25.00
092A-0724-032-00 $25.00
092A-0724-033-00 $25.00
092A-0724-034-00 $25.00
092A-0724-035-00 $25.00
092A-0724-036-00 $25.00
092A-0724-037-00 $25.00
092A-0724-038-00 $25.00
092A-0724-039-00 $25.00
092A-0724-040-00 $25.00
092A-0724-041-00 $25.00
092A-0724-042-00 $25.00
092A-0724-043-00 $25.00
092A-0724-044-00 $25.00
092A-0724-045-00 $25.00
092A-0724-046-00 $25.00
092A-0724-047-00 $25.00
092A-0724-048-00 $25.00
092A-0724-049-00 $25.00
092A-0724-050-00 $25.00
092A-0724-051-00 $25.00
092A-0724-052-00 $25.00
092A-0724-053-00 $25.00
092A-0724-054-00 $25.00
092A-0724-055-00 $25.00
092A-0724-056-00 $25.00
092A-0724-057-00 $25.00
092A-0724-058-00 $25.00
092A-0724-059-00 $25.00
092A-0724-060-00 $25.00
092A-0724-061-00 $25.00
092A-0724-062-00 $25.00
092A-0724-063-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0724-064-00 $25.00
092A-0724-066-00 $25.00
092A-0724-067-00 $25.00
092A-0724-068-00 $25.00
092A-0724-069-00 $25.00
092A-0724-070-00 $25.00
092A-0724-071-00 $25.00
092A-0724-072-00 $25.00
092A-0724-073-00 $25.00
092A-0724-074-00 $25.00
092A-0724-075-00 $25.00
092A-0724-076-00 $25.00
092A-0724-077-00 $25.00
092A-0724-078-00 $25.00
092A-0724-079-00 $25.00
092A-0724-080-00 $25.00
092A-0724-081-00 $25.00
092A-0724-082-00 $25.00
092A-0724-083-00 $25.00
092A-0724-084-00 $25.00
092A-0724-085-00 $25.00
092A-0724-086-00 $25.00
092A-0724-087-00 $25.00
092A-0724-088-00 $25.00
092A-0724-089-00 $25.00
092A-0724-090-00 $25.00
092A-0724-091-00 $25.00
092A-0724-092-00 $25.00
092A-0724-093-00 $25.00
092A-0724-094-00 $25.00
092A-0725-005-00 $25.00
092A-0725-006-00 $25.00
092A-0725-007-00 $25.00
092A-0725-008-00 $25.00
092A-0725-009-00 $25.00
092A-0725-010-00 $25.00
092A-0725-011-00 $25.00
092A-0725-012-00 $25.00
092A-0725-013-00 $25.00
092A-0725-014-00 $25.00
092A-0725-015-00 $25.00
092A-0725-016-00 $25.00
092A-0725-017-00 $25.00
092A-0725-018-00 $25.00
092A-0725-019-00 $25.00
092A-0725-020-00 $25.00
092A-0725-021-00 $25.00
092A-0725-022-00 $25.00
092A-0725-023-00 $25.00
092A-0725-024-00 $25.00
092A-0725-025-00 $25.00
092A-0725-026-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0725-027-00 $25.00
092A-0725-028-00 $25.00
092A-0725-029-00 $25.00
092A-0725-030-00 $25.00
092A-0725-031-00 $25.00
092A-0725-032-00 $25.00
092A-0725-034-00 $25.00
092A-0725-035-00 $25.00
092A-0725-036-00 $25.00
092A-0725-038-00 $25.00
092A-0725-039-00 $25.00
092A-0725-040-00 $25.00
092A-0725-041-00 $25.00
092A-0725-042-00 $25.00
092A-0725-043-00 $25.00
092A-0725-044-00 $25.00
092A-0725-045-00 $25.00
092A-0725-046-00 $25.00
092A-0725-047-00 $25.00
092A-0725-048-00 $25.00
092A-0725-049-00 $25.00
092A-0725-050-00 $25.00
092A-0725-051-00 $25.00
092A-0725-052-00 $25.00
092A-0725-059-00 $25.00
092A-0725-060-00 $25.00
092A-0725-063-00 $25.00
092A-0725-065-00 $25.00
092A-0725-066-00 $25.00
092A-0726-003-00 $25.00
092A-0726-004-00 $25.00
092A-0726-005-00 $25.00
092A-0726-006-00 $25.00
092A-0726-007-00 $25.00
092A-0726-008-00 $25.00
092A-0726-009-00 $25.00
092A-0726-010-00 $25.00
092A-0726-011-00 $25.00
092A-0726-012-00 $25.00
092A-0726-013-00 $25.00
092A-0726-014-00 $25.00
092A-0726-015-00 $25.00
092A-0726-016-00 $25.00
092A-0726-017-00 $25.00
092A-0726-018-00 $25.00
092A-0726-019-00 $25.00
092A-0726-020-00 $25.00
092A-0726-021-00 $25.00
092A-0726-022-00 $25.00
092A-0726-023-00 $25.00
092A-0726-024-00 $25.00
092A-0726-025-00 $25.00
PART E - 4 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0726-026-00 $25.00
092A-0726-027-00 $25.00
092A-0726-028-00 $25.00
092A-0726-029-00 $25.00
092A-0726-030-00 $25.00
092A-0726-031-00 $25.00
092A-0726-032-00 $25.00
092A-0726-033-00 $25.00
092A-0726-034-00 $25.00
092A-0726-035-00 $25.00
092A-0726-036-00 $25.00
092A-0726-037-00 $25.00
092A-0726-038-00 $25.00
092A-0726-039-00 $25.00
092A-0726-040-00 $25.00
092A-0726-041-00 $25.00
092A-0726-042-00 $25.00
092A-0726-043-00 $25.00
092A-0726-044-00 $25.00
092A-0726-045-00 $25.00
092A-0726-046-00 $25.00
092A-0726-047-00 $25.00
092A-0726-048-00 $25.00
092A-0726-049-00 $25.00
092A-0726-050-00 $25.00
092A-0726-051-00 $25.00
092A-0726-052-00 $25.00
092A-0726-053-00 $25.00
092A-0726-054-00 $25.00
092A-0726-055-00 $25.00
092A-0726-056-00 $25.00
092A-0726-057-00 $25.00
092A-0726-058-00 $25.00
092A-0726-059-00 $25.00
092A-0726-060-00 $25.00
092A-0726-061-00 $25.00
092A-0726-062-00 $25.00
092A-0726-063-00 $25.00
092A-0726-064-00 $25.00
092A-0726-065-00 $25.00
092A-0726-066-00 $25.00
092A-0726-067-00 $25.00
092A-0726-068-00 $25.00
092A-0726-069-00 $25.00
092A-0726-070-00 $25.00
092A-0726-071-00 $25.00
092A-0726-072-00 $25.00
092A-0726-073-00 $25.00
092A-0726-074-00 $25.00
092A-0726-075-00 $25.00
092A-0726-076-00 $25.00
092A-0726-077-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0726-078-00 $25.00
092A-0726-079-00 $25.00
092A-0726-080-00 $25.00
092A-0726-081-00 $25.00
092A-0726-082-00 $25.00
092A-0726-083-00 $25.00
092A-0726-084-00 $25.00
092A-0726-085-00 $25.00
092A-0726-086-00 $25.00
092A-0726-087-00 $25.00
092A-0726-088-00 $25.00
092A-0726-089-00 $25.00
092A-0726-090-00 $25.00
092A-0726-091-00 $25.00
092A-0726-092-00 $25.00
092A-0727-003-00 $25.00
092A-0727-004-00 $25.00
092A-0727-005-00 $25.00
092A-0727-006-00 $25.00
092A-0727-007-00 $25.00
092A-0727-008-00 $25.00
092A-0727-009-00 $25.00
092A-0727-010-00 $25.00
092A-0727-011-00 $25.00
092A-0727-012-00 $25.00
092A-0727-013-00 $25.00
092A-0727-014-00 $25.00
092A-0727-015-00 $25.00
092A-0727-016-00 $25.00
092A-0727-017-00 $25.00
092A-0727-018-00 $25.00
092A-0727-019-00 $25.00
092A-0727-020-00 $25.00
092A-0727-021-00 $25.00
092A-0727-022-00 $25.00
092A-0727-023-00 $25.00
092A-0727-024-00 $25.00
092A-0727-025-00 $25.00
092A-0727-026-00 $25.00
092A-0727-027-00 $25.00
092A-0727-029-00 $25.00
092A-0727-030-00 $25.00
092A-0727-031-00 $25.00
092A-0727-032-00 $25.00
092A-0727-033-00 $25.00
092A-0727-034-00 $25.00
092A-0727-035-00 $25.00
092A-0727-036-00 $25.00
092A-0727-037-00 $25.00
092A-0727-038-00 $25.00
092A-0727-039-00 $25.00
092A-0727-040-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-041-00 $25.00
092A-0727-042-00 $25.00
092A-0727-043-00 $25.00
092A-0727-044-00 $25.00
092A-0727-045-00 $25.00
092A-0727-046-00 $25.00
092A-0727-047-00 $25.00
092A-0727-048-00 $25.00
092A-0727-049-00 $25.00
092A-0727-050-00 $25.00
092A-0727-051-00 $25.00
092A-0727-052-00 $25.00
092A-0727-053-00 $25.00
092A-0727-054-00 $25.00
092A-0727-056-00 $25.00
092A-0727-057-00 $25.00
092A-0727-058-00 $25.00
092A-0727-059-00 $25.00
092A-0727-060-00 $25.00
092A-0727-061-00 $25.00
092A-0727-062-00 $25.00
092A-0727-063-00 $25.00
092A-0727-064-00 $25.00
092A-0727-065-00 $25.00
092A-0727-066-00 $25.00
092A-0727-067-00 $25.00
092A-0727-068-00 $25.00
092A-0727-069-00 $25.00
092A-0727-070-00 $25.00
092A-0727-071-00 $25.00
092A-0727-072-00 $25.00
092A-0727-073-00 $25.00
092A-0727-074-00 $25.00
092A-0727-075-00 $25.00
092A-0727-076-00 $25.00
092A-0727-077-00 $25.00
092A-0727-078-00 $25.00
092A-0727-079-00 $25.00
092A-0727-080-00 $25.00
092A-0727-081-00 $25.00
092A-0727-083-00 $25.00
092A-0727-084-00 $25.00
092A-0727-085-00 $25.00
092A-0727-086-00 $25.00
092A-0727-087-00 $25.00
092A-0727-088-00 $25.00
092A-0727-089-00 $25.00
092A-0727-090-00 $25.00
092A-0727-091-00 $25.00
092A-0727-092-00 $25.00
092A-0727-093-00 $25.00
092A-0727-094-00 $25.00
PART E - 5 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-095-00 $25.00
092A-0727-096-00 $25.00
092A-0727-097-00 $25.00
092A-0727-098-00 $25.00
092A-0727-099-00 $25.00
092A-0727-100-00 $25.00
092A-0727-101-00 $25.00
092A-0727-102-00 $25.00
092A-0727-103-00 $25.00
092A-0727-104-00 $25.00
092A-0727-105-00 $25.00
092A-0727-106-00 $25.00
092A-0727-107-00 $25.00
092A-0727-108-00 $25.00
092A-0727-110-00 $25.00
092A-0727-111-00 $25.00
092A-0727-112-00 $25.00
092A-0727-113-00 $25.00
092A-0727-114-00 $25.00
092A-0727-115-00 $25.00
092A-0727-116-00 $25.00
092A-0727-117-00 $25.00
092A-0727-118-00 $25.00
092A-0727-119-00 $25.00
092A-0727-120-00 $25.00
092A-0727-121-00 $25.00
092A-0727-122-00 $25.00
092A-0727-123-00 $25.00
092A-0727-124-00 $25.00
092A-0727-125-00 $25.00
092A-0727-126-00 $25.00
092A-0727-127-00 $25.00
092A-0727-128-00 $25.00
092A-0727-129-00 $25.00
092A-0727-130-00 $25.00
092A-0727-131-00 $25.00
092A-0727-132-00 $25.00
092A-0727-133-00 $25.00
092A-0727-134-00 $25.00
092A-0727-135-00 $25.00
092A-0727-136-00 $25.00
092A-0727-137-00 $25.00
092A-0727-138-00 $25.00
092A-0727-139-00 $25.00
092A-0727-140-00 $25.00
092A-0727-141-00 $25.00
092A-0727-142-00 $25.00
092A-0727-143-00 $25.00
092A-0727-144-00 $25.00
092A-0727-145-00 $25.00
092A-0727-146-00 $25.00
092A-0727-147-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0727-148-00 $25.00
092A-0727-149-00 $25.00
092A-0727-150-00 $25.00
092A-0727-151-00 $25.00
092A-0727-152-00 $25.00
092A-0727-153-00 $25.00
092A-0727-154-00 $25.00
092A-0727-155-00 $25.00
092A-0727-156-00 $25.00
092A-0727-157-00 $25.00
092A-0727-158-00 $25.00
092A-0727-159-00 $25.00
092A-0727-160-00 $25.00
092A-0727-161-00 $25.00
092A-0728-001-00 $25.00
092A-0728-002-00 $25.00
092A-0728-003-00 $25.00
092A-0728-004-00 $25.00
092A-0728-005-00 $25.00
092A-0728-006-00 $25.00
092A-0728-007-00 $25.00
092A-0728-008-00 $25.00
092A-0728-009-00 $25.00
092A-0728-010-00 $25.00
092A-0728-011-00 $25.00
092A-0728-012-00 $25.00
092A-0728-013-00 $25.00
092A-0728-014-00 $25.00
092A-0728-015-00 $25.00
092A-0728-016-00 $25.00
092A-0728-017-00 $25.00
092A-0728-018-00 $25.00
092A-0728-019-00 $25.00
092A-0728-020-00 $25.00
092A-0728-021-00 $25.00
092A-0728-022-00 $25.00
092A-0728-023-00 $25.00
092A-0728-024-00 $25.00
092A-0728-025-00 $25.00
092A-0728-026-00 $25.00
092A-0728-027-00 $25.00
092A-0728-028-00 $25.00
092A-0728-029-00 $25.00
092A-0728-030-00 $25.00
092A-0728-031-00 $25.00
092A-0728-032-00 $25.00
092A-0728-033-00 $25.00
092A-0728-034-00 $25.00
092A-0728-035-00 $25.00
092A-0728-036-00 $25.00
092A-0728-037-00 $25.00
092A-0728-038-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0728-039-00 $25.00
092A-0728-040-00 $25.00
092A-0728-041-00 $25.00
092A-0728-042-00 $25.00
092A-0728-043-00 $25.00
092A-0728-044-00 $25.00
092A-0728-045-00 $25.00
092A-0728-046-00 $25.00
092A-0728-047-00 $25.00
092A-0728-048-00 $25.00
092A-0728-049-00 $25.00
092A-0728-050-00 $25.00
092A-0728-051-00 $25.00
092A-0728-052-00 $25.00
092A-0728-053-00 $25.00
092A-0728-054-00 $25.00
092A-0728-055-00 $25.00
092A-0728-056-00 $25.00
092A-0728-057-00 $25.00
092A-0728-058-00 $25.00
092A-0728-059-00 $25.00
092A-0728-060-00 $25.00
092A-0728-061-00 $25.00
092A-0728-062-00 $25.00
092A-0728-063-00 $25.00
092A-0728-064-00 $25.00
092A-0728-065-00 $25.00
092A-0728-066-00 $25.00
092A-0728-067-00 $25.00
092A-0728-068-00 $25.00
092A-0728-069-00 $25.00
092A-0728-070-00 $25.00
092A-0728-071-00 $25.00
092A-0728-072-00 $25.00
092A-0728-074-00 $25.00
092A-0728-075-00 $25.00
092A-0728-076-00 $25.00
092A-0728-077-00 $25.00
092A-0728-078-00 $25.00
092A-0728-079-00 $25.00
092A-0728-080-00 $25.00
092A-0728-081-00 $25.00
092A-0728-082-00 $25.00
092A-0728-083-00 $25.00
092A-0728-084-00 $25.00
092A-0728-085-00 $25.00
092A-0728-086-00 $25.00
092A-0728-087-00 $25.00
092A-0728-088-00 $25.00
092A-0728-089-00 $25.00
092A-0728-090-00 $25.00
092A-0728-091-00 $25.00
PART E - 6 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-0728-092-00 $25.00
092A-0728-093-00 $25.00
092A-0728-094-00 $25.00
092A-0728-095-00 $25.00
092A-0728-096-00 $25.00
092A-0728-097-00 $25.00
092A-0728-098-00 $25.00
092A-0728-099-00 $25.00
092A-0728-100-00 $25.00
092A-0728-101-00 $25.00
092A-0728-102-00 $25.00
092A-0728-103-00 $25.00
092A-0728-104-00 $25.00
092A-0728-105-00 $25.00
092A-0728-106-00 $25.00
092A-0728-107-00 $25.00
092A-0728-108-00 $25.00
092A-0728-109-00 $25.00
092A-0728-110-01 $25.00
092A-0728-111-01 $25.00
092A-0728-112-00 $25.00
092A-0728-113-00 $25.00
092A-0728-114-00 $25.00
092A-0728-115-00 $25.00
092A-0728-116-00 $25.00
092A-0728-117-00 $25.00
092A-0728-118-00 $25.00
092A-0728-119-00 $25.00
092A-0728-120-00 $25.00
092A-0728-121-00 $25.00
092A-0728-122-00 $25.00
092A-0728-123-00 $25.00
092A-0728-124-00 $25.00
092A-0728-125-00 $25.00
092A-0728-126-00 $25.00
092A-0728-127-00 $25.00
092A-0728-128-00 $25.00
092A-0728-129-00 $25.00
092A-0729-001-00 $25.00
092A-0729-002-00 $25.00
092A-0729-003-00 $25.00
092A-0729-004-00 $25.00
092A-0729-005-00 $25.00
092A-0729-006-00 $25.00
092A-0729-007-00 $25.00
092A-0729-008-00 $25.00
092A-0729-009-00 $25.00
092A-0729-010-00 $25.00
092A-0729-011-00 $25.00
092A-0729-012-00 $25.00
092A-0729-013-00 $25.00
092A-0729-014-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0729-015-00 $25.00
092A-0729-016-00 $25.00
092A-0729-017-00 $25.00
092A-0729-018-00 $25.00
092A-0729-019-00 $25.00
092A-0729-020-00 $25.00
092A-0729-021-00 $25.00
092A-0729-022-00 $25.00
092A-0729-023-00 $25.00
092A-0729-024-00 $25.00
092A-0729-025-00 $25.00
092A-0729-026-00 $25.00
092A-0729-027-00 $25.00
092A-0729-028-00 $25.00
092A-0729-029-00 $25.00
092A-0729-030-00 $25.00
092A-0729-031-00 $25.00
092A-0729-032-00 $25.00
092A-0729-033-00 $25.00
092A-0729-034-00 $25.00
092A-0729-035-00 $25.00
092A-0729-036-00 $25.00
092A-0729-037-00 $25.00
092A-0729-038-00 $25.00
092A-0729-039-00 $25.00
092A-0729-040-00 $25.00
092A-0729-041-00 $25.00
092A-0729-042-00 $25.00
092A-0729-043-00 $25.00
092A-0729-044-00 $25.00
092A-0729-045-00 $25.00
092A-0729-046-00 $25.00
092A-0729-047-00 $25.00
092A-0729-048-00 $25.00
092A-0729-049-00 $25.00
092A-0729-050-00 $25.00
092A-0729-051-00 $25.00
092A-0729-052-00 $25.00
092A-0729-053-00 $25.00
092A-0729-054-00 $25.00
092A-0729-055-00 $25.00
092A-0729-056-00 $25.00
092A-0729-057-00 $25.00
092A-0729-058-00 $25.00
092A-0729-059-00 $25.00
092A-0729-060-00 $25.00
092A-0729-061-00 $25.00
092A-0729-062-00 $25.00
092A-0729-063-00 $25.00
092A-0729-064-00 $25.00
092A-0729-065-00 $25.00
092A-0729-066-00 $25.00
Assessor's
Parcel
Number
Assessment
Amount
092A-0729-067-00 $25.00
092A-0729-068-00 $25.00
092A-0729-069-00 $25.00
092A-0729-070-00 $25.00
092A-0729-071-00 $25.00
092A-0729-072-00 $25.00
092A-0729-073-00 $25.00
092A-0729-074-00 $25.00
092A-0729-075-01 $25.00
092A-0729-076-01 $25.00
092A-0729-077-00 $25.00
092A-0729-078-00 $25.00
092A-0729-079-00 $25.00
092A-0729-080-00 $25.00
092A-0729-081-00 $25.00
092A-0729-082-00 $25.00
092A-0729-083-00 $25.00
092A-0729-084-00 $25.00
092A-0729-085-00 $25.00
092A-0729-086-00 $25.00
092A-0729-087-00 $25.00
092A-0729-088-00 $25.00
092A-0729-089-00 $25.00
092A-0729-090-00 $25.00
092A-0729-091-00 $25.00
092A-0729-092-00 $25.00
092A-0729-093-00 $25.00
092A-0729-094-00 $25.00
092A-0729-095-00 $25.00
092A-0729-096-00 $25.00
092A-0729-097-00 $25.00
092A-0729-098-00 $25.00
092A-0729-099-00 $25.00
092A-0729-100-00 $25.00
092A-0729-101-00 $25.00
092A-0729-102-00 $25.00
092A-0729-103-00 $25.00
092A-0729-104-00 $25.00
092A-0729-105-00 $25.00
092A-0729-106-00 $25.00
092A-0729-107-00 $25.00
092A-2590-001-00 $25.00
092A-2590-002-00 $25.00
092A-2590-003-00 $25.00
092A-2590-005-00 $25.00
092A-2590-006-00 $25.00
092A-2590-007-00 $25.00
092A-2590-008-00 $25.00
092A-2590-009-00 $25.00
092A-2590-010-00 $25.00
092A-2590-011-00 $25.00
092A-2590-012-00 $25.00
PART E - 7 05/03/24

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 11

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-2590-013-00 $25.00
092A-2590-014-00 $25.00
092A-2590-015-00 $25.00
092A-2590-016-00 $25.00
092A-2590-017-00 $25.00
092A-2590-018-00 $25.00
092A-2590-019-00 $25.00
092A-2590-020-00 $25.00
092A-2590-021-00 $25.00
092A-2590-022-00 $25.00
092A-2590-023-00 $25.00
092A-2590-024-00 $25.00
092A-2590-025-00 $25.00
092A-2590-026-00 $25.00
092A-2590-027-00 $25.00
092A-2590-028-00 $25.00
092A-2590-029-00 $25.00
092A-2590-030-00 $25.00
092A-2590-031-00 $25.00
092A-2590-032-00 $25.00
092A-2590-033-00 $25.00
092A-2590-034-00 $25.00
092A-2590-035-00 $25.00
092A-2590-036-00 $25.00
092A-2590-037-00 $25.00
092A-2590-038-00 $25.00
092A-2590-039-00 $25.00
092A-2590-040-00 $25.00
092A-2590-041-00 $25.00
092A-2590-042-00 $25.00
092A-2590-043-00 $25.00
092A-2590-044-00 $25.00
092A-2590-045-00 $25.00
092A-2590-046-00 $25.00
092A-2590-047-00 $25.00
Total Parcels: 1,127
Total Assessment: $28,175.00
PART E - 8 05/03/24
Landscaping and Lighting District No. 15
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 15 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 15
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

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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. 15 (“District”) to maintain public improvements. The District was formed to provide a dedicated source of funding for the ongoing maintenance of median-landscape improvements benefiting parcels within the boundaries of the District.

The District generally consists of those properties along and fronting Iris Court. 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(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.

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 15
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.

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 PLANS AND SPECIFICATIONS 5 PART A

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 landscaping within the easement areas and the public right-of-way along Robertson Avenue fronting the District.

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.

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 $5,046
Non-Assessment Revenues1 $575
Total Projected Revenues $5,621
Projected Expenses
Contract Services $1,333
Utilities $900
Administration and Incidentals $2,497
County Collection Fees $86
Unforeseen Maintenance and Repairs2 $241
Total Projected Expenses $5,057
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $38,357
Reserve Fund Collection Increase/(Decrease) $564
Ending Fund Balance - June 30, 2025 $38,921
Recommended Operating Reserves $2,408
Available Operating Reserves $2,408
Available Capital Reserves $36,513
1 Non-Assessment Revenue includes interest earnings estimated at 1.5% of Projected Beginning Fund Balance and any other non-assessment revenue sources. 2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 15
Fiscal Year 2024-25 Cost Estimate

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ASSESSMENT DIAGRAM 10 PART C

A reduced copy of the Assessment Diagram is shown on the following page.

IRIS
CT

ROBERTSON AV

GERANIUM ST

GERANIUM CT

COLUMBINE PL

ARBUTUS CT

ROCKSPRAY ST

ASSESSMENT DIAGRAM
Legend
LLD No. 15 Boundary
Parcels
± 0 162.5 325
Feet
(IRIS COURT)
LANDSCAPING AND LIGHTING DISTRICT NO. 15

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.

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.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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.
• Increased property values:
o Attractive and well-maintained landscaping can increase the desirability of nearby properties, potentially leading to higher property values. • Safety:
o 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 provides visual and environmental benefits to the properties within the District. Such improved and well-maintained public facilities enhance the overall usability, quality, desirability, and safety of the properties.

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 15 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 at the time of formation determined that each parcel within the boundaries of the District receives a similar benefit from the improvements.

Therefore, the most appropriate method of apportioning costs was determined to be spreading all District costs equally to each parcel in the District. 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 $174.00 per parcel 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 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.

CITY OF NEWARK PART E
LANDSCAPING AND LIGHTING DISTRICT NO. 15 ASSESSMENT ROLL 15 PART E

The total proposed assessment for Fiscal Year 2024-25 is $5,046.00.

CITY OF NEWARK
LANDSCAPING & LIGHTING DISTRICT No. 15

ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Assessment
Amount
092A-2376-031-00 $174.00
092A-2376-032-00 $174.00
092A-2376-033-00 $174.00
092A-2376-034-00 $174.00
092A-2376-035-00 $174.00
092A-2376-036-00 $174.00
092A-2376-037-00 $174.00
092A-2376-038-00 $174.00
092A-2376-039-00 $174.00
092A-2376-040-00 $174.00
092A-2376-041-00 $174.00
092A-2376-042-00 $174.00
092A-2376-043-00 $174.00
092A-2376-044-00 $174.00
092A-2376-045-00 $174.00
092A-2376-046-00 $174.00
092A-2376-047-00 $174.00
092A-2376-048-00 $174.00
092A-2376-049-00 $174.00
092A-2376-050-00 $174.00
092A-2376-051-00 $174.00
092A-2376-052-00 $174.00
092A-2376-053-00 $174.00
092A-2376-054-00 $174.00
092A-2376-055-00 $174.00
092A-2376-056-00 $174.00
092A-2376-057-00 $174.00
092A-2376-058-00 $174.00
092A-2376-059-00 $174.00
Total Parcels: 29
Total Assessment: $5,046.00
PART E - 1 05/03/24
Landscaping and Lighting District No. 16
Fiscal Year 2024-25
Preliminary Engineer’s Report
June 13, 2024
CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 16 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction.....................................................................1 Section II – Engineer’s Report .........................................................2 Part A – Plans and Specifications .........................................4 Part B – Estimate of Cost......................................................7 Part C – Assessment District Diagram ..................................9 Part D – Method of Apportionment of Assessments............11 Part E - Assessment Roll ....................................................17 CITY OF NEWARK FISCAL YEAR 2024-25
LANDSCAPING AND LIGHTING DISTRICT NO. 16 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 16
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

CITY OF NEWARK SECTION I
LANDSCAPING AND LIGHTING DISTRICT NO. 16 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. 16 (“District”) to maintain public improvements. The District was formed in May of 1999 to provide a dedicated source of funding for the ongoing maintenance of landscaping and park improvements benefiting parcels within the boundaries of the District.

The District generally consists of those properties within the development east of Kiote Drive, along Rinconada Court, Crystal Springs Court, Tanforan Court, and Silverado Place. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

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.

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 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.

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ENGINEER’S REPORT 2 SECTION II

ENGINEER'S REPORT PREPARED FOR THE CITY OF NEWARK
LANDSCAPING AND LIGHTING DISTRICT NO. 16
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.

CITY OF NEWARK SECTION II
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ENGINEER’S REPORT 3 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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 16 PLANS AND SPECIFICATIONS 4 PART A

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 16 PLANS AND SPECIFICATIONS 5 • “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.

CITY OF NEWARK PART A
LANDSCAPING AND LIGHTING DISTRICT NO. 16 PLANS AND SPECIFICATIONS 6 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 public street and sidewalk rights-of-way, including parkways and other easements dedicated to the City within, and adjacent to, the District.
• The Park Improvements include but are not limited to landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures, trails, and open space areas.

A more detailed description of the facilities which either have or will be constructed, operated, maintained, and serviced are generally described as follows.

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 and the landscaping, irrigation system, and recreation facilities related to the mini park common area shown as Parcel A on the Tract Map.

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ESTIMATE OF COSTS 7 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 $19,903
Non-Assessment Revenues1 $1,388
Total Projected Revenues $21,291
Projected Expenses
Contract Services $3,575
Utilities $10,000
Administration and Incidentals $7,581
County Collection Fees $338
Unforeseen Maintenance and Repairs2 $1,075
Total Projected Expenses $22,569
Projected Fund Balance
Beginning Fund Balance - July 1, 2024 $62,442
Reserve Fund Collection Increase/(Decrease) ($1,278)
Ending Fund Balance - June 30, 2025 $61,164
Recommended Operating Reserves $10,747
Available Operating Reserves $10,747
Available Capital Reserves $50,417
1 Non-Assessment Revenues include interest earnings estimated at 1.5% of Projected Beginning Fund Balance and the City contribution in the amount of $451 for General Benefits conferred to the public at large. 2 Unforeseen Maintenance and Repairs are assumed to be 5% of the Projected Expenses.

Landscaping and Lighting District No. 16
Fiscal Year 2024-25 Cost Estimate

CITY OF NEWARK PART B
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ESTIMATE OF COSTS 8 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.

CITY OF NEWARK PART C
LANDSCAPING AND LIGHTING DISTRICT NO. 16 ASSESSMENT DIAGRAM 9 PART C

A reduced copy of the Assessment Diagram is shown on the following page.

KIOTE
DR

SPRUCE ST

JARVIS AV

MERION DR

GATEWAY BL

INVERNESS DR
THO

RNTON AV

TANFORAN CT

SILVERADO PL

RINCONADA CT

CRYSTAL SPRINGS CT

ASSESSMENT DIAGRAM
Legend
LLD No. 16 Boundary
Parcels
± 0 385 770
Feet
(PUITE HOMES/TRACT 6671)
LANDSCAPING AND LIGHTING DISTRICT NO. 16

CITY OF NEWARK PART D
LANDSCAPING AND LIGHTING DISTRICT NO. 16 METHOD OF APPORTIONMENT 11 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.

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 streetlights, landscaping, parks, trails, open space, 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 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.

Newark City CouncilJuly 25, 2024

Newark City Council
July 25, 2024