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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