126_10242024%20City%20Council%20Agenda%20packet%20V3%20page%20numbers — Newark City Council, October 24, 2024 (part 1 of 2)

AGENDA
Thursday, October 24, 2024
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Commending Newark Days Committee
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion.

There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of October 10, 2024, minutes

3. Adopt a resolution reappointing Lori Bogisich to the Planning Commission

4. Adopt a resolution approving a fourth amendment to the Contractual Services Agreement with Orion Security to provide Security Guard Services and amend the 2024-2026 Biennial Budget and Capital Improvement Plan for FY 2025

5. Adopt a resolution authorizing the City Manager to execute Task Order No. 3 with Consor North America, Inc. for additional design services for the Central Avenue Overpass, Project 1014 and approving an amendment to the biennial budget and capital improvement plan

6. Waive further reading, conduct a second reading by title only, and adopt an ordinance

6. Waive further reading, conduct a second reading by title only, and adopt an ordinance adding Newark Municipal Code Chapter 5.42, "Tobacco Retailers," to Title 5 of the Newark Municipal Code
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Introductory presentation of background and non-project specific overarching considerations of the draft Parks Master Plan Update

2. Presentation of Lakeshore Park for the Parks Master Plan Update

3. Presentation of Jerry Raber Ash Street Park for the Parks Master Plan Update

4. Presentation of Cedar Linear Park for the Parks Master Plan Update

5. Presentation of specific parks as part of the Parks Master Plan Update

6. Adopt resolutions for Establishment of a Section 115 Trust through the Public Agency Retirement Services (PARS) Post-Employment Benefits Trust Program and Amendment of the 2024-2026 Biennial Budget and Capital Improvement Plan

7. Provide Input Regarding Proposed Updates to the Master Fee Schedule Based on the Cost of Services Study
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 Real Property Negotiators (Pursuant to Government Code Section 54956.8)
Property: Stevenson Boulevard, Newark, CA 94560. APNs: 537-850-7-1, 537-850-8, 537-850-10, 537-850-11-3
City Negotiators: David Benoun, Steven Turner and Craig Bettencourt Negotiating Parties: Seamus O’Connor and David Bider
Under Negotiation: Review of Price and Terms

2. Closed Session pursuant to Government Code Section 54957, Public Employee Packet Page No. 2

2. Closed Session pursuant to Government Code Section 54957, Public Employee Performance Evaluation, Title: City Manager

3. Closed session for conference with Labor Negotiator pursuant to California Government Code Section 54957.6. Agency Designated Representative: Mayor Hannon, Unrepresented employee: City Manager Benoun
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 2449, then the Webinar ID No. 867 5461 1657 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

Packet Page No. 3

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 Packet Page No. 4
Item B. 1.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Commending Newark Days Committee
Newark Days celebrated the City's birthday during the weekend of September 19 - 22, 2024. Members of the Newark Days Committee (Committee) volunteer their time and efforts throughout the year to ensure a successful event. Members of the Committee will accept a commendation at the City Council meeting.

Attachments
Commendation
Packet Page No. 5

COMMENDING

NEWARK DAYS COMMITTEE
WHEREAS, the NEWARK DAYS COMMITTEE annually celebrates the birthday of our City during the month of September; and
WHEREAS, this year’s Newark Days Celebration was once again a great success; and
WHEREAS, the NEWARK DAYS COMMITTEE is made up of talented and dedicated residents who work tirelessly to make this event happen and who reflect the values so succinctly stated in our Newark Days Celebration motto, “People, Pride, and Progress”; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend
Jason Biser Libby Macris Donna Sisk
Jane Burns Ramona McMaster June Smith
Christopher Chandler Mary Ann Mellons Shawn Smith
David Fink Cheri Neaylon Valarie Smith
Gil Fletcher Filip Nowak Nick Valencia
Laurie Gratz Kim Ortiz Tony Vargas
Matthew Jorgens Rob Rodriguez Glorianne Wong
Tamie Limtiaco John Sargent
for another successful Newark Days celebration and thank them for their commitment to making this event one that the entire City looks forward to with anticipation and pride.

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-fourth Day of October, Two Thousand Twenty-four.

Michael K. Hannon
Mayor
Packet Page No. 6
Item D. 1.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 09.26.24
Audited Demands 10.03.24
Packet Page No. 7

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Packet Page No. 20
Item D. 2.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Approval of October 10, 2024, minutes
Attachments
Minutes
Packet Page No. 21
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Luis L. Freitas | Council Members: Maria “Sucy” Collazo, Matthew Jorgens, and Ana Apodaca

Draft
Thursday, October 10, 2024
7:00 P.M.

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

B. PRESENTATIONS

1. Manufacturing Weeks Proclamation
Mayor Hannon presented the proclamation to: Deputy Economic Development Director Tsui, Special Assistant Pedersen, Jen Capasso, Verdagy, Brian Wilfley, Triple Ring Technologies, Veronica Parker, Ohlone College.

2. Proclaim October as Promotores Month
Mayor Hannon presented the proclamation to Edda Rivera, Administrative Assistant, Veronica Torres, Special Assistant, and Adriana Lopez, Special Assistant.

3. Introduction of employee(s)
Mayor Hannon introduced Jessennia Taimani, Recreation Supervisor.

4. Commending Jim Zulawski
Mayor Hannon presented a commendation to Jim Zulawski for responding to a traffic accident.

Packet Page No. 22
Page No. 2
City of Newark City Council Minutes October 10, 2024

5. Commending Michelle Leipelt Newark Teacher of the Year Honoree Mayor Hannon presented the commendation to Michelle Leipelt.

Mayor Hannon called for a brief recess at 7:29 p.m.

Mayor Hannon resumed the meeting at 7:34 p.m.

C. PUBLIC COMMENT
Vinod Kumar asked about the road repair schedule/policy, specifically at Magnolia and Sycamore Streets. He also expressed his concern regarding the homeless population.

D. CONSENT CALENDAR
City Manager Benoun requested the removal of item D.5 for separate consideration.

Council Member Jorgens moved, Vice Mayor Freitas seconded, to approve Consent Calendar items D.1 to D.4 and D.6, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

1. Approval of Audited Demands

2. Approval of September 26, 2024, minutes

3. Adopt a resolution approving a Second Amendment to the Contractual Services Agreement with Good City Company
Resolution No. 11689
Contract 21006

4. Adopt a resolution to (1) amend the Employee Classification Plan to add the class specification of Strategic Initiatives Manager; (2) amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employees Group to add the classification and salary range for Strategic Initiatives Manager; (3) amend the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and (4) Packet Page No. 23
Page No. 3
City of Newark City Council Minutes October 10, 2024
amend the 2024 - 2026 Biennial Budget and Capital Improvement Plan to delete and add classifications
Resolution No. 11690

5. Pulled - Adopt a resolution rejecting bid protests, awarding a contract to S & H Construction, Inc. for the Newark Resource Center, Project 1360 and amending the 2024-2026 Biennial Budget and Capital Improvement Plan

6. Adopt a resolution establishing a maintenance reserve fund Resolution No. 11691

NONCONSENT

5. Adopt a resolution rejecting bid protests, awarding a contract to S & H Construction, Inc. for the Newark Resource Center, Project 1360 and amending the 2024-2026 Biennial Budget and Capital Improvement Plan Resolution No. 11692
Vice Mayor Freitas recused due to a leasehold interest in real property conflict of interest and exited the City Council Chambers.

No one from the public requested to speak.

Moved by Council Member Apodaca, seconded by Council Member Collazo to adopt the resolution. The motion passed, 4 AYES, 1 RECUSED.

Vice Mayor Freitas returned to the City Council Chambers.

E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Introduction of an ordinance adding Newark Municipal Code Chapter 5.42, “Tobacco Retailers” to Title 5 of the Newark Municipal Code Council Member Collazo recused due to real properties conflict of interest and exited the City Council Chambers.

Council Member Apodaca recused due to real property conflict of interest and exited the City Council Chambers.

Packet Page No. 24
Page No. 4
City of Newark City Council Minutes October 10, 2024
Community Preservation Manager Carrillo gave the presentation. Presentation on file with City Clerk.

Twenty-Three speakers spoke in favor of adopting the ordinance. Comments included banning all vaping products, limiting the number of retailers, mandatory annual compliance checks, higher minimum price for cigarettes, offers of help from Eden Youth and the Alameda County Tobacco Health Program.

City Manager Benoun stated that the ordinance would ban flavored smoking products and hookah, two Community Preservation Specialists would enforce the ordinance, suspension of business licenses could be significant, and that the ordinance would be subject to amendments, should circumstances change in the future.

Council Member Jorgens requested an annual report once the program is implemented.

Moved by Vice Mayor Freitas, seconded by Council Member Jorgens, to introduce the ordinance. The motion passed, 3 AYES, 2 RECUSED.

Council Members Collazo and Apodaca returned to the City Council Chambers.

Mayor Hannon called for a recess at 9:06 p.m. and resumed the meeting at 9:16 p.m.

2. Adopt a resolution approving the Facilities Master Plan and direct staff to explore options for a funding plan for the priority needs, as identified in the Plan Resolution No. 11693
Senior Management Analyst Gonzalez gave the presentation. Presentation on file with City Clerk.

No one from the public requested to speak.

Mayor Hannon requested that staff research if Watkins Hall should be declared a national historic building to obtain funding from state/federal resources.

Packet Page No. 25
Page No. 5
City of Newark City Council Minutes October 10, 2024
Moved by Council Member Apodaca, seconded by Council Member Collazo to adopt the resolution. The motion passed, 5 AYES.

G. CITY MANAGER UPDATES
City Manager Benoun stated October 19, 2024, is Community Clean Up Day, by appointment, at the Corporation Yard.

H. CITY COUNCIL MATTERS
Council Member Collazo stated the annual Día de los Muertos event would be held on October 26, 2024, on Thornton Avenue. Shop Newark
Vice Mayor Freitas congratulated the Silliman Aquatic Center on its 20th anniversary.

Mayor Hannon encouraged everyone to vote on November 5.

I. CLOSED SESSION
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:30 p.m.

Packet Page No. 26
Item D. 3.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt a resolution reappointing Lori Bogisich to the Planning Commission
Lori Bogisich was appointed to the Planning Commission on January 27, 2022, to fill the unexpired term of Karen Bridges. Commissioner Bogisich's term expires on December 31, 2024, and she has requested a four-year reappointment. Per Newark Municipal Code Chapter 2.12 Planning Commission, Planning Commissioners are appointed by the Mayor, with the approval of the City Council. Mayor Hannon has approved the re-appointment of Planning Commissioner Bogisich.

It is recommended that the City Council, by resolution, approve the reappointment of Lori Bogisich to the Planning Commission, for a term to expire on December 31, 2028.

Attachments
Resolution
Packet Page No. 27
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE REAPPOINTMENT OF LORI

BOGISICH TO THE PLANNING COMMISSION
WHEREAS, Lori Bogisich, hereto appointed member of the Planning Commission, has a term expiring December 31, 2024; and
WHEREAS, the Mayor of the City of Newark has reappointed Lori Bogisich to said position on the Planning Commission for a term expiring December 31, 2028; NOW, THEREFORE, BE IT RESOLVED that said appointment is hereby approved by the City Council of the City of Newark.

Packet Page No. 28
Item D. 4.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Cathreene Ingham-Watters, Human Resources Director SUBJECT Adopt a resolution approving a fourth amendment to the Contractual Services Agreement with Orion Security to provide Security Guard Services and amend the 2024-2026 Biennial Budget and Capital Improvement Plan for FY 2025
SUMMARY AND RECOMMENDATION
Staff is continuing the work to implement long-term security solutions at City Hall with an anticipated completion date of June 2025. In the interim, continued funding for temporary security guard services is required. Staff recommends that the City Council authorize the City Manager to amend the existing Contractual Services Agreement with Orion Security to increase the not-to-exceed amount by $48,000 for a total not-to-exceed amount of $204,999 and amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 to appropriate $48,000 from the general fund for this agreement.

BACKGROUND
In early 2022, staff engaged consultants to conduct security assessments of each city facility to assess the need for enhanced security, such as interior and exterior cameras, panic buttons, additional key cards, and other controlled entrance measures. To provide interim security at City Hall, the City entered into an agreement with Orion Security on July 13, 2022, for an amount not-to-exceed $49,999. Because the long-term security measures have been more complex than initially expected, the City Council has since approved three amendments to the Contractual Services Agreement with Orion Security. The first amendment, approved in January 2023, increased the not-to-exceed amount to $77,999. The second amendment was approved in July 2023 and increased the total not-to-exceed amount to $132,999. In July 2024, City Council approved the third amendment, increasing the not-to-exceed amount to $156,999 with an anticipated completion date of October 2024.

In late April 2024, the City awarded a contract to EyeP Solutions, Inc. to install security cameras and building access management systems to address the enhanced security measures identified in the security assessments. The work with EyeP Solutions, Inc. continues to progress, but due to additional design needs and related work, the target completion date for the project has been postponed to June 2025.

Packet Page No. 29
Based on the satisfactory performance of Orion Security providing security guard services, staff recommends continuing services through the duration of the security measures installations.

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

The City entered into a contract with EyeP Solutions, Inc. in April 2024 to implement the long-term security measures of security cameras and building access management systems installation. Currently, EyeP Solutions Inc. is actively collaborating with the project architect and City staff on additional design work and specifications required to ensure full compliance with regulatory standards, which has contributed to the adjusted timeline.

Approving the fourth amendment to the Contractual Services Agreement with Orion Security aligns with the City's commitment to ensuring the safety and well-being of its employees and City Hall visitors. By extending the contract through June 2025, the City can maintain continuity in security services while the installation of security measures is completed. If the project is completed prior to June 2025, staff will notify Orion of an end date for services per contractual language.

FISCAL IMPACT
Staff requests authorization to amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 to appropriate $48,000 from the general fund unappropriated fund balance for this agreement.

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 Orion 4th Amendment
Orion Contract and Amendments
Packet Page No. 30
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 4 TO THE CONTRACTUAL

SERVICES AGREEMENT WITH ORION SECURITY TO

PROVIDE SECURITY GUARD SERVICES AND APPROVING
AN AMENDMENT TO THE 2024-2026 BIENNIAL BUDGET

AND CAPITAL IMPROVEMENT PLAN
WHEREAS, on July 13, 2022, the City of Newark entered into a Contractual Services Agreement C22041 (the “Agreement”) with Orion Security (the “Consultant”) to provide specialized professional services (temporary security services); and WHEREAS, on January 12, 2023, City Council authorized the first amendment of the Agreement, increasing the total not-to-exceed amount of $28,000 for a total not-to-exceed amount of $77,999; and
WHEREAS, on July 14, 2023, City Council authorized the second amendment of the Agreement, increasing the total not-to-exceed amount of $55,000 for a total not-to-exceed amount of $132,999; and
WHEREAS, on June 13, 2024, City Council authorized the third amendment of the Agreement, increasing the total not-to-exceed amount of $24,000 for a total not-to-exceed amount of $156,999; and
WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount; and
WHEREAS, an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 will be necessary to appropriate funds for this Agreement.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute Amendment No. 4 to the Contractual Services Agreement with Orion Security to increase the not-to-exceed amount by $48,000 for a total notto-exceed amount of $204,999, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 by appropriating $48,000 as follows:

Packet Page No. 31
TO: 110.22.022.200.6221 Human Resources Contractual Services $48,000 FR: 110.3000 Unappropriated Fund Balance $48,000
Packet Page No. 32

FOURTH AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND

ORION SECURITY
This Fourth Amendment to Contractual Services Agreement C22041 between the City of Newark, a municipal corporation, ("City") and Orion Security, a Type “C” Corporation ("Consultant") (sometimes referred to as "Parties") dated July 13, 2022 (the “Agreement”), is entered into as of November 1, 2024 for the provision of specialized professional services (Security Guard Services).

RECITALS
WHEREAS, the Parties executed the Agreement for the provision of specialized professional services (Security Guard Services); and
WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount; and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $48,000, for a total not to exceed amount of $204,999 (from a previous not to exceed amount of $156,999).

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

Packet Page No. 33
City of Newark Consultant

David Benoun Authorized Representative
City Manager Orion Security

Dated: ____________________ Dated: ____________________ Attest:
______________________________
Sheila Harrington
City Clerk
Approved as to Form:
________________________________________
Kristopher J. Kokotaylo
City Attorney
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Certificate Of Completion
Envelope Id: EEB00D61E4F4400685F77D22783774B6 Status: Completed Subject: Complete with Docusign: C22041_Orion_Third_Amendment-1.pdf Source Envelope:

Document Pages: 66 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Beatriz Perez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
37101 Newark Boulevard
Newark, CA 94560
[email protected]
IP Address: 76.137.219.233
Record Tracking
Status: Original
6/19/2024 3:35:29 PM
Holder: Beatriz Perez
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Joseph Baba
[email protected]
President
Yosh Enterprises Inc
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(None)
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Electronic Record and Signature Disclosure:

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ID: edc25009-01f8-48bb-ab8f-4fdff085178e
Kristopher Kokotaylo
[email protected]
City Attorney
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Lenka Hovorka
[email protected]
Acting City Manager
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ID: 59a5f650-6d4d-4f66-ae27-4a148490d48a
Sheila Harrington
[email protected]
City Clerk
City of Newark
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Beatriz Perez
[email protected]
HR Technician
City of Newark
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Packet Page No. 102

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Packet Page No. 105
Item D. 5.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Howard Young, Public Works Director
SUBJECT Adopt a resolution authorizing the City Manager to execute Task Order No. 3 with Consor North America, Inc. for additional design services for the Central Avenue Overpass, Project 1014 and approving an amendment to the biennial budget and capital improvement plan
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute Task Order No. 3 with Consor North America, Inc. in the additional amount of $1,673,205 for additional design services for the Central Avenue Overpass, Project 1014 and approving an amendment to the biennial budget and capital improvement plan.

A Task Order in the amount of $1,673,205 is required to expand the scope of services for the City’s design consultant, Consor North America, Inc., for the Central Avenue Overpass, Project 1014. Funding for this project is provided by the Alameda County Transportation Commission (ACTC) through Measure B and Measure BB as part of ACTC’s investment in the Dumbarton Corridor Area Transportation Improvements program, as well as through Cost Sharing Agreements with Alameda County Water District (ACWD) and Union Sanitation District (USD). To allow for a more efficient and economical design and construction effort, Consor design services include water and sewer utility relocation. Staff and the respective utility districts, ACWD and USD, desire to combine their utility improvements into a single project (Joint Project). The Joint Project will include professional engineering design services, construction, inspection, testing acceptance, and warranties related to City, ACWD and USD improvements within the Central Avenue Overpass project limits.

BACKGROUND
The City previously entered into a City Council authorized Contractual Services Agreement (Agreement) with Consor North America, Inc. (Consor) for the design of the Central Avenue Overpass, Project 1014 on December 10, 2015. The design phase of the project is funded through a Project Specific Funding Agreement with ACTC. As the design phase nears completion, the City identified additional services necessary before advancing to the construction phase of the project. The additional services include Packet Page No. 106
ongoing extended utility coordination, right of way and easement appraisals, environmental assessment and public art coordination. A Task Order is needed per the terms of the existing Contractual Services Agreement to authorize an increase in the scope of services to be provided by Consor.

Design services being provided by Consor for the Central Avenue Overpass project include water and sewer utility relocation as a more efficient and economical effort for the City, ACWD and USD. ACWD proposes to relocate approximately 3,800 linear feet of waterline and USD proposes to relocate approximately 1,650 linear feet of sewer pipeline as part of the Central Avenue Overpass project. Cost Sharing Agreements with ACWD and USD are necessary to incorporate their respective utility improvements as part of the Joint Project. The Cost Sharing Agreements are included for reference. The Joint Project will include professional engineering design services, construction, inspection, testing acceptance, and warranties related to City, ACWD and USD within the Central Avenue Overpass project limits. At this time, the Cost Sharing Agreement with ACWD includes design services only. Staff anticipates ACWD will include construction phase in a subsequent amendment to the Cost Sharing Agreement. The proposed scope of work for Task Order No. 3 with Consor, which is attached to this report, includes the additional design costs for ACWD and USD as it relates to redesign and relocation of their respective improvements.

DISCUSSION/ANALYSIS
Consor began the Central Avenue Overpass Project preliminary design services in 2016. The original design scope of services Agreement includes the following tasks:

Project management and coordination with City, utility agencies and Union Pacific Railroad (UPRR)
Perform public outreach
Prepare engineering studies and activities
Collect and review existing data and field information
Perform surveys and mapping
Prepare preliminary traffic management plan
Perform hydraulic analysis and stormwater management plan Perform geotechnical studies
Provide hazardous materials report
Prepare draft and final design report
Prepare final design plans
UPRR final design coordination
Design support during construction
The City previously authorized additional design services per two Task Orders in March 2019 and December 2021 under the Agreement to include ACWD and USD utility design services as part of the Central Avenue Overpass project and include the following additional tasks:

Extend project management and coordination with City, utility agencies and UPRR Perform survey and mapping
Perform environmental investigations and reports
Perform roadway alternatives analysis and bridge structure options Packet Page No. 107
Traffic signal plans with detour routes
Sidewalk and bike lane extensions
Right of way services for property and easement acquisitions The Joint Project design efforts continue with ongoing utility coordination and completing final design plans. Coordination efforts with PG&E, AT&T and other communication companies have taken longer than anticipated due to space limitations of the existing project site. As the Joint Project design nears completion in 2025, the following additional tasks have been identified as necessary in order to progress to the construction phase:

Extend project management and coordination with City, utility agencies and UPRR Expand right of way services for property and easement acquisitions Prepare utility joint trench plans
Incorporate public art design with the Joint Project
Extend design services for ACWD waterline and USD sewer pipeline Staff has reached agreement terms with ACWD and USD to incorporate relocation of their respective facilities necessary for the construction of the overpass. ACWD and USD will reimburse the City for their costs associated with the design and construction of the relocation of their respective facilities. Staff along with ACWD and USD has developed draft Cost Sharing Agreements to establish the scope of work, cost sharing and obligations of each party. At this time, ACWD will enter into a Cost Sharing Agreement for waterline design services only and a future amendment to the agreement will be necessary to incorporate the construction costs.

FISCAL IMPACT
The City of Newark entered into a Contractual Services Agreement with Consor North America, Inc. formerly Quincy Engineering, Inc. (Contract No. C15044), to provide design services for the Central Avenue Overpass Project (Project 1014). Through Task Order No. 1, the "Not-to-Exceed" (NTE) amount was increased to $2,754,000. Task Order No. 2 further increased this amount by $734,000, bringing the total NTE to $3,488,000.

Staff recommends that the City Council authorize the City Manager to execute Task Order No. 3, in a form approved by the City Attorney, with Consor North America, Inc. for additional design services related to Project 1014. Approval of Task Order No. 3 would increase the NTE amount by $1,673,205, bringing the total NTE to $5,161,205.

This amount includes cost proposal of $246,599 for the ACWD relocation design coordination and $138,303 for the USD relocation design coordination. The City will enter into cost-sharing agreements with ACWD and USD to ensure reimbursement for the associated design and construction costs.

To accommodate this increase, a budget adjustment of $1,288,303 is required from the Measure B - 1986 ACTIA Fund (Fund 280), along with an appropriation of $384,902 from the Capital Improvement Fund (Fund 610). Of the $384,902, approximately $246,599 will be reimbursed by ACWD and $138,303 by USD to the Capital Improvement Fund, bringing the total budget adjustment for both Fund 280 and Fund 610 to $1,673,205. Any unused appropriations will be carried over.

Packet Page No. 108
Additionally, under the Project Funding Agreement with the Alameda County Transportation Commission (Agreement No. A23-0077), Alameda CTC has obligated a total of $5,758,000 to fund the final design (Plans, Specifications, and Estimates -- "PS&E") and right-of-way (ROW) phases of the Central Avenue Overpass Project. This project is part of the larger Dumbarton Corridor Improvements, funded by Measure B.

Submission for reimbursements to Alameda CTC is pending the execution of the Project Funding Agreement No. A23-0077. Eligible project costs will be reimbursed based on the agreed Reimbursement Ratio Percentage for each phase. The City is currently eligible for up to $4,000,000 in reimbursements, with an additional $1,758,000 expected to be reimbursed before the expenditure deadline, which coincides with the agreement expiration date of December 31, 2025. This brings the total obligated funds for the project to $5,758,000.

Eligible project costs will be reimbursed based on the following reimbursement ratio percentages:

Final Design (PS&E): 97% reimbursement
Right-of-Way (ROW): 100% reimbursement
REVIEW AND APPROVAL
Prepared by - Steven Yee, Contract Project Manager
Prepared by - Nada Gottiparthy, Acting City Engineer
Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Consor Task Order 3 Resolution
Scope of Work for Consor Task Order No. 3
Proposed Cost Sharing Agreement with Alameda County Water District (ACWD) Proposed Cost Sharing Agreement with Union Sanitary District (USD) Quincy Contract
Task Order No. 1
Task Order No. 2
Packet Page No. 109
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO
EXECUTE TASK ORDER NO. 3 WITH CONSOR NORTH
AMERICA, INC. FOR ADDITIONAL DESIGN SERVICES FOR
THE CENTRAL AVENUE OVERPASS, PROJECT 1014 AND

APPROVING AN AMENDMENT TO THE BIENNIAL

BUDGET AND CAPITAL IMPROVEMENT PLAN
WHEREAS, on December 10, 2015, the City of Newark entered into a Contractual Services Agreement with Quincy Engineering, Inc. (Contract No C15044) for the design of the Central Avenue Overpass, Project 1014 for a not-to-exceed amount of $1,894,000; and WHEREAS, on March 14, 2019, the City approved Task Order No. 1 with Quincy Engineering, Inc. for additional design services for the Central Avenue Overpass, Project 1014 in the amount of $860,000 for a toral not-to-exceed amount of $2,754,000; and WHEREAS, on December 9, 2021, the City approved Task Order No. 2 with Quincy Engineering, Inc. for additional design services that included Alameda County Water District and Union Sanitation District pipeline relocation as part of the Central Avenue Overpass, Project 1014 in the amount of $734,000 for a toral not-to-exceed amount of $3,488,000; and WHEREAS, the preliminary phases of this Project are funded through the Alameda County Transportation Commission through a Project Funding Agreement (Project No. 1211.001); and
WHEREAS, on July 7, 2023, the First Amendment to the Contract Services Agreement with Quincy Engineering, Inc. consented to the modification of the Service Agreement to reflect that Consor has assumed Quincy’s rights and obligations under the Service Agreement and any and all references to Quincy Engineering in the Service Agreement are herby amended to Consor North America, Inc.; and
WHEREAS, Task Order No. 3 is needed in the amount of $1,673,205 for additional design, utility and right of way services as well as additional design services for Alameda County Water District and Union Sanitation District pipeline relocation as part of the Central Avenue Overpass, Project 1014 for a total not-to-exceed amount of $5,161,205; and WHEREAS, to accommodate the budget adjustment, $1,288,303 will be appropriated from the Measure B - 1986 ACTIA Fund (Fund 280), and $384,902 from the Capital Improvement Fund (Fund 610), with ACWD and USD reimbursing the Capital Improvement Fund $246,599 and $138,303 respectively pursuant to cost sharing agreements with the City.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute Task Order No. 3 in the amount not to exceed $1,673,205 with Consor North America, Inc., in a form approved by the City Attorney, for additional design services for the Central Avenue Overpass, Project 1014.

Packet Page No. 110
BE IT FURTHER RESOLVED that the City Council hereby approves an amendment of the 2024-2026 Biennial Budget and Capital Improvement Plan as follows:

TO: 280.90.091.910.6221.CIP001014 Central Ave Overpass Project Development - Phase I $1,288,303 FR: 280.3000 Unappropriated Fund Balance $1,288,303
TO: 610. 90.091.910.6221.CIP001014 Central Ave Overpass Project Development - Phase I $384,902 FR: 610.3000 Unappropriated Fund Balance $384,902
Packet Page No. 111

A u g u s t 6 , 2 0 2 4
September 25, 2024
Steven Yee, P.E.

City of Newark
37101 Newark Boulevard
Newark, CA 94560
Re: Central Avenue Overpass – Amendment 3 Request
Dear Steve:

Thank you for the opportunity to submit this amendment request to cover addi2onal scope of work items, including grading and tree removal PS&E, aesthe2c treatment design incorpora2on, addi2onal hazardous materials tes2ng, extended u2lity coordina2on, addi2onal support for wet u2lity designs and coordina2on, design of ACWD and USD pipeline reloca2ons, and addi2onal right of way services. Escala2on of our currently contracted final design and construc2on services budgets is also included in this request.

The cost to complete the addi2onal scope of work items as outlined in the a9ached amendment request is $1,673,205, which includes the $246,599 for the ACWD reloca2on design coordina2on and $138,303 for the USD reloca2on design coordina2on. In the interest of keeping the project progressing, many of these addi2onal scope of work items are already in progress. Gran2ng this amendment will replenish funds for comple2ng in-scope and the remainder of these addi2onal scope items. Note that recent changes to PG&E’s design will impact our final design for USD’s sewer line reloca2on and may require addi2onal funds to complete.

Again, thank you for this opportunity and please let us know if there is anything regarding this Amendment Scope and Budget you would like to discuss.

Sincerely,
Consor North America, Inc.

Michele Johnson, P.E.

Project Manager
Packet Page No. 112
Cost Proposal
Project Number: 16-N131.00
TASKS Senior Eng.

Senior Eng.

Senior Project Manager
Senior Project Manager
Professional Eng. VII
Eng. Designer Vl
Eng. Designer VI
Assistant Engineer
Eng. Designer II
Technician II
Technician II
Technician II
Cost Estimator III
PM Asst
Senior Project Manager
Senior Project Manager
Senior Engineer
Consor Total Hours
Consor Total Net Labor
Fees
Consor Total Labor
Dollars incl Escalation
ARWS

BASELINE
PARIKH
PGA
RJA
TJKM

WRECO/HDR
V&A
Giacalone
Railroad Consultant
Subconsultant Subtotal
GY MJ BA LS JT GP DA RB MD KMc PK DC EJ BG DA MH BO KG Direct Labor Escalation
Multiplier
No. Task No. Initial Hourly Rate $290 $290 $290 $276 $276 $222 $204 $204 $165 $171 $135 $144 $144 $290 $133 $309 $276 $290

3.5%
A.1 1.1 Project Management Services 200 16 20 236 $65,076 $67,354 $0 A.2 2.6 Extended Utility Agency Coordination 180 360 340 880 $212,700 $220,145 $0 A.3 1.4 Additional Property Owner Coordination 30 12 8 8 20 78 $18,720 $19,375 $0 A.4 2.8 Additional Hazardous Material Investigation 4 4 $1,160 $1,201 $25,884.50 $25,885 $0
C.1 1.3 Meetings and Coordination with the Artist 14 6 20 $5,800 $6,003 $4,200.00 $4,200 C.2 5.3 Update PS&E to Include Aesthetic Treatments 60 20 12 40 132 $30,580 $31,650 $54,275.00 $12,000.00 $66,275 0 D.1 2.3 Preconstruction Fiberoptic Survey Staking 2 24 26 $4,540 $4,699 $15,000.00 $15,000 D.2 5.3 Constructability Review Coordination 40 40 40 120 $29,800 $30,843 $0 0 $0 $0 $0
E.1 5.9 Appraisal, Negotiation and Acquisition Services 0 $0 $0 $181,250.00 $181,250 0 $0 $0 $0
F.1 2.6 Joint Trench Intents & Composites 8 40 60 108 $23,820 $24,654 $84,000.00 $84,000F.2 2.6 Johnt Trench Special Provisions 20 20 40 80 $23,200 $24,012 G.1 5.3 Design Revisions Due to Property Owner Designs 60 140 200 $40,500 $41,918 $25,000.00 $25,000G.2 5.3 Design Revisions for AC Transit Bus Stops 20 80 100 $19,000 $19,665

5.3 90% PSE $73,402

5.4 Meet w/City to Present 90% PSE $2,320

5.5 100% PSE $35,354

5.6 UPRR Final Design Coordination $26,318

5.7 Final Contract Documents $10,8975.8 Bidding and Award Services $10,535

6.1 DSDC - Project Management $1,6976.2 DSDC - Meetings $566

6.3 DSDC - Construction Support (RFI and CCO) $16,2856.4 DSDC - Submittals and Shop Drawings $7,526

6.5 DSDC - Field Visits $2,2086.6 DSDC - Record Drawings As-Builts $2,961

5.13 Grading and Tree Removal PS&E 40 120 40 200 $43,000 $44,505

5.6 UPRR Final Design Coordination 8 8 $2,320 $2,401 $20,000 $20,000 Subtotal- Hours & Labor Costs 114 638 420 28 0 8 8 0 836 0 40 0 0 0 20 0 0 80 2192 $520,216 $728,494.61 $0.00Other Direct Costs $0.00 $0.00Fee $23,188.52 $0.00Contingency (10%) $72,849.46 $42,160.95 Total Cost $33,060 $185,020 $121,800 $7,728 $0 $1,776 $1,632 $0 $137,940 $0 $5,400 $0 $0 $0 $2,660 $0 $0 $23,200 $520,216 $520,216 $824,532.59 $181,250.00 $25,884.50 $0.00 $54,275.00 $15,000.00 $16,200.00 $25,000.00 $0.00 $84,000.00 $20,000.00 $463,770.45 $ 1,288,303
I. GRADING AND TREE REMOVAL PS&EJ. UPRR COORDINATION - TRANSITION TO NEW CONSULTANT - ALLOWANCEH. ESCALATION OF APPROVED BUDGETS ON TASKS TO BE COMPLETED G. DESIGN REVISIONSF JOINT TRENCH DESIGN Project Name: Amendment Request - Wet Utilities, Property Owner Coord, Right of Way, Survey Staking - NEWARK SHARE A Project ManagementD Additonal Construction SupportE Right of Way SupportAMENDMENT 3 - Additional PM Coordination, Potholing, CP Design and Geotechnical Report - NEWARK SHAREC Incorporation of Aesthetics Into Design Central Ave - Amendment 3 - Newark 9-25-24 Project 1 Hrs 9/25/2024 Packet Page No. 113
Cost Proposal
Date: 9/25/2024
Consor NA
Direct Labor: $520,216.00
Escalation for Multi-Year Project (3.5%): $18,207.56
Escalation (Task H) $190,071.05
10% Contingency $72,849.46
A. Labor Subtotal $801,344.07
Subconsultant Costs:

ARWS $181,250.00
BASELINE $25,884.50
PARIKH $0.00
PGA $54,275.00
RJA $15,000.00
TJKM $16,200.00
WRECO/HDR $25,000.00
V&A $0.00
Giacalone $84,000.00
Railroad Consultant $20,000.00
10% Contingency $42,160.95
B. Subconsultant Subtotal $463,770.45
Other Direct Costs:

Travel miles @ $0.670 $0.00
Pier Diem/ Hotel days @ $150.00 $0.00
Delivery @ $20.00 $0.00
Vendor Reproduction
Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Vendor Reproduction
Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Mounting Boards for Presentations @ $0.00
Newsletters (Translation and printing) @ $0.00
Subtotal Vendor Reproduction $0.00
Title Report @ $0.00
Miscellaneous $0.00
C. Other Direct Cost Subtotal: $0.00
Labor Subtotal A. = $801,344.07
Subconsultant Subtotal B. = $463,770.45
Subconsultant Fee (5.0%): $23,188.52
Other Direct Cost Subtotal: C. = Grading and Treee Removal PS&E $0.00 ODC Fee (5.0%): $0.00
TOTAL = $1,288,303.04
Note: Invoices will be based upon Consor Agreed Hourly Rates for the given year.

Amendment Request - Wet Utilities, Property Owner Coord, Right of Way, Survey Staking - NEWARK SHARE
Central Ave - Amendment 3 - Newark 9-25-24 Project 1 Budget Packet Page No. 114

S e p t e m b e r 2 5 , 2 0 2 4 P a g e 1 | 5
Central Avenue Grade Separation Project – Additional Scope for Utility and Property Owner Coordination and Design Revisions - City of Newark
This amendment request includes descrip
ons of addi
onal scope to support the work that was not part of
the original scope of work.

A.1 Project Management Services
With the addi
onal work effort, there are addi
onal project management services required, including
invoicing, budget and schedule upda
ng, and coordina
on with subconsultants included in this addi
onal
scope of work. Weekly mee
ngs with the City were not originally scoped but have been occurring since February 2021. Weekly mee
ngs are an
cipated to con
nue through the end of 2024.

A.2 Extended U
lity Agency Coordina
on
Bi-monthly individual mee
ngs with u
lity owners were originally an
cipated to be complete in April of
2022. These mee
ngs are con
nuing and an
cipated to con
nue bi-weekly through 2023 and intermi2ently
through December 2024. An addi
onal 76 mee
ngs for the coordina
on of the dry (joint trench and fiber)
u
li
es are assumed for this extension of coordina
on from May 2022. Addi
onal mee
ngs include
coordina
on mee
ngs between City, U
li
es, and adjacent property owners impacted by the u
lity
reloca
ons. We reviewed and commented on over four design submi2als for the fiber op c reloca
on
before those plans were approved and con
nue to review itera
ons of PG&E dra; plans when they are
made available. Extensive addi
onal coordina
on in the form of preparing alterna
ve exhibits with u
lity
cross sec
ons and layouts have been provided to the u
lity companies to demonstrate available clearances
and provide updates as the u
lity reloca
on alignments have been in flux, with mul
ple PG&E alignment and
facility changes including the Horizontal Direc
onal Drilling alignments, addi
on of a service joint trench, at
grade appurtenances, etc. CAD file sharing and exhibit updates are ongoing as of February 2024. Addi onal
coordina
on on CAD files and exhibit updates are needed through the comple on of the u
lity reloca
on
design – es
mated to December 2024.

Distribu
on of Remaining Costs: City of Newark 100%
A.3 Addi
onal Property Owner Coordina
on
Bi-monthly individual mee
ngs with Clarion and Prologis property owners were not originally scoped. Thirtynine (39) mee ngs have occurred to date to coordinate on the property owners site improvements and conforms. Twenty addi
onal mee
ngs are an
cipated for 2024. Mul
ple exhibits have been prepared to
assist in the property owner coordina
on, including tree and fence removal exhibits and alterna ve driveway
conforms. Consor has reviewed mul
ple preliminary plan submi2als from Clarion and Prologis and incorporated relevant changes in the roadway plans accordingly. Separate reviews of Prologis plat maps were also included in Consor’s efforts.

Distribu
on of Costs: City of Newark 100%
A.4 Addi
onal Hazardous Material Inves
ga
on
Baseline will conduct addi
onal soil tes
ng on the Clarion site within the Public Service Easement. This addi
onal field inves
ga
on will help determine whether the contractor will encounter hazardous materials Packet Page No. 115

S e p t e m b e r 2 5 , 2 0 2 4 P a g e 2 | 5
during excava
on ac
vi
es in the area. The project special provisions and construc on cost es
mate will be
adjusted as needed based on the findings in Baseline’s report.

Distribu
on: USD 25%, ACWD: 25%, City of Newark 50%

INCORPRATION OF AESTHETICS INTO DESIGN
C.1 Mee
ngs and Coordina
on with the Ar
st
The original scope assumed standard details would be used for retaining wall, bridge railing, fencing and street ligh
ng. The City is planning to engage a local ar
st to propose aesthe
c elements to be incorporated
into the proposed design. Up to three mee
ngs with Art Builds Community and/or the local ar
st are
an
cipated.

The City requested that one representa
ve from Consor par
cipate on the selec
on panel for the ar
st. Up
to eight hours was assumed to be needed to par
cipate on the selec
on commi2ee.

C.2 Update PS&E to Include Aesthe
c Treatments
Aesthe
c details for the bridge railing, retaining walls and light fixtures will be incorporated into the project plans. The project es
mate and special provisions will be updated accordingly.

Task i: Ar
st Code and Technical Concerns.
• Code and Technical Concerns: Research and compile guidance for the ar st on per
nent codes
and essen
al technical considera
ons for the design and execu
on of the public art element.

Include factors such as maintainability, ADA standards, edge sharpness, railing clearance heights, maximum opening size, and other relevant specifica
ons.

Deliverables: Memo of Code and Technical Concerns.

Task ii: Safety and Constructability Review:
• Evaluate the ar
sts bridge enhancement concepts in rela
on to above code and technical
concerns.
• Collaborate with the ar
st to op
mize the visual impacts of the bridge enhancements while minimizing any adverse effects on the bridge's engineering and func on.

Deliverables: Review of ar
st bridge enhancement concepts

Task iii: Develop 30% PS&Es (plans, specifica
ons, and es
mates):
• Advance the bridge enhancements conceptual plans into detailed construc on documents that
align with engineer’s bridge construc
on documents.
• Review the 30% PS&Es with ar
st, design team, and the City for their input.

Deliverables: 30% PS&Es

Task iv: Develop 95% PS&E:
• Incorporate input from 30% PS&E review.

Packet Page No. 116

S e p t e m b e r 2 5 , 2 0 2 4 P a g e 3 | 5
• Advance bridge enhancement documents by further developing and refining the layout, materials, detailing, costs es
mates and specifica
ons all the while adhering as much as possible to the ar st
design intent as much as possible.
• Coordinate a2achment detailing, ensuring seamless integra on with the bridge structure,
including structural calcula
ons for affixing aesthe
c treatment to the bridge rail fencing.
• Review the 95% PS&Es with ar
st, design team, and the City for their input.

Deliverables: 95% professionally stamped PS&Es
Task v: Develop 100% PS&E’s:
• Incorporate input ar
st, design team, and the City into the 95% set.
• Advance bridge enhancement documents to final design. • Review set for final approval with the Ar
st, design team and the City.

Deliverables: 100% professionally stamped PS&Es
Task vi. Bid Set PS&E’s:
• Prepare the aesthe
c details, including special provisions and es
mate for the Bid Set PS&E’s.

Deliverables: 100% professionally stamped PS&Es
Assump
ons:
• No structure redesign will be required to incorporate the aesthe c treatments.
• This proposal assumes the ar
sts pallet will be restrained to the bridge railing, light fixture finishes, and form-liner (1” wide max) on the interior side of the bridge barrier rail D. ADDITIONAL CONSTRUCTION SUPPORT
D.1 Preconstruc
on Fiberop
c Survey Staking
To help prevent the u
lity reloca
ons being placed in conflict with other proposed design elements, RJA will stake the proposed bridge columns, retaining wall, drainage and u lity features ahead of the u
lity
reloca
on ac
vi
es. This work will be done as requested on a Time and Materials basis not to exceed $15,000 without prior authoriza
on.

D.2 Constructability Review Coordina
on
The Consor Team will coordinate with the City’s Construc on Manager on a Constructability Review of the
PS&E package. Up to 40 hours of staff
me is assumed for this coordina
on.

E. RIGHT OF WAY SUPPORT
E.1 Appraisal, Nego
a
on and Acquisi
on Services
AR/WS will perform appraisal, nego
a
on, and acquisi
on services on 13 parcels. See a2ached for
addi
onal descrip
on of scope of work.

Packet Page No. 117

S e p t e m b e r 2 5 , 2 0 2 4 P a g e 4 | 5
Assump
ons:
• Preliminary
tle reports will be provided by the City.
• There are no federal funds being used for this project. • Reloca
on assistance services may be required for personal-property-only reloca ons on up to five
parcels. Four of those parcels are owned by one property owner. It is assumed that reloca on
assistance cons
tutes two personal property loca
ons in total. It is further assumed that there is
sufficient space for reloca
ons to occur onsite.

F. JOINT TRENCH DESIGN
F.1. Joint Trench Intents and Composites
Giacalone is tasked with preparing joint trench intents and composites for the proposed joint trench which will carry PG&E gas and electric as well as ATT and Verizon conduits for por ons of the joint trench.

Giacalone and Consor scope includes design coordina
on with the u
lity companies and par
cipa
on in
biweekly mee
ngs with the design team and u
lity agencies. The prepara
on of the joint trench composites
is ongoing. Scope, schedule and budget for this task have been impacted by design changes from PG&E such as the transformer placement and sizing and their modifica ons to the limits of work.

F.2. Joint Trench Special Provisions
Consor will develop one standalone set of Special Provisions for the joint trench ulity undergrounding plans for PG&E and AT&T facilies for one construcon contract. Consor will merge the City’s boilerplate specificaons with the technical specificaons. Up to two submi%als of the joint trench special provisions are included in this scope of work. The final Special Provisions will be prepared for project adversement by the City. If the ulity owners will adverse the joint trench construcon project, separate negoaon will be needed to conform to the agency(ies) special provisions and boiler plate standards.

G. DESIGN REVISIONS
G.1. Design Revisions Due to Property Owner Designs
In addi
on to the extensive communica
on the Design Team has been doing with various property owners, in par
cular Cargill, Clarion and Prologis, there have been mul ple design detail changes prompted by
property owner requests. These changes include:
• Designing and removing the driveway previously requested at Sycamore Avenue by Prologis • Modifying the driveway conform design for Prologis based on their preferred driveway reloca ons.
• Mul
ple (three) itera
ons of easement loca
ons based on itera
ons of Prologis frontage design
• Modifying permanent driveway conform (three itera
ons) on the Cargill site to accommodate
property owner requests approved by the City
• Preparing four alignment alterna
ves for temporary driveway alignments and grading on Cargill site per City’s request to analyze reducing the driveway path length while minimizing impacts to site use • Modifying permanent driveway conform on the McIntosh site, including preparing alterna ve
driveway reloca
on design. There were 4+ itera
ons of the driveway grading conforms and 2
drainage modifica
on alterna
ves. Final design of modifica
ons to this site is pending.
• Designing mul
ple itera
ons of the maintenance path at the Clarion site to minimize impacts to parking and accommodate u
lity maintenance vehicle movements. Vehicle paths were tracked for each itera
on and revisited/re-pathed when PG&E transformer design changed. • Revised geometrics, including widening, of Central Avenue east of Sycamore to build out full right of way width. Driveway conforms and curb ramp grading had to be redesigned. • Retaining wall along Beckley parcel was redesigned to allow for a maintenance access driveway.

Packet Page No. 118

S e p t e m b e r 2 5 , 2 0 2 4 P a g e 5 | 5
G.2. Design Revisions for AC Transit Bus Stops
Based on AC Transit’s requests for bus stop reloca
ons, addi
onal grading design beyond the project grading
limits are needed. Also, where there is insufficient sidewalk width for ADA standard bus stops, the Design team has been tasked with revising the sidewalk and bike facility designs to accommodate buses. This requires redesign of a por
on of the roadway ahead of 90% PS&E submi2al.

H. ESCALATION OF APPROVED BUDGETS ON TASKS TO BE COMPLETED When the original contract was signed in December 2015, it was an cipated that the project PS&E would be
completed in 20 months (by August 2017). The there would be significant project delays. Per the contract, up to 3.5% escala
on is allowed per year. For the following original contract and previous amendment tasks yet to be ini
ated or completed, Consor respecSully requests that addi onal budget be allo2ed for comple
on
of these tasks with budgets escalated from 2016 for the original tasks or from the 2021 amendment date for the Design Services During Construc
on (DSDC) tasks.

Task No. Task

5.3 90% PSE

5.4 Meet w/City to Present 90% PSE

5.5 100% PSE

5.6 UPRR Final Design Coordination

5.7 Final Contract Documents

5.8 Bidding and Award Services

6.1 DSDC - Project Management

6.2 DSDC - Meetings

6.3 DSDC - Construction Support (RFI and CCO)

6.4 DSDC - Submittals and Shop Drawings

6.5 DSDC - Field Visits

6.6 DSDC - Record Drawings As-Builts
I. GRADING AND TREE REMOVAL PS&E
I.1. Prepare Grading and Tree Removal PS&E
The City plans to administer a construc
on contract to perform preliminary site grading and tree removal along parcels adjacent to the Central Avenue road right of way in advance of the joint trench construc on
(assumed to be adver
sed as a separate construc
on contract). Consor will prepare separate PS&E for the grading and tree removal along the Clarion, Cargill. Prologis and McIntosh parcels. There are trees within the road right of way that may be included in this PS&E package as well. No embankment grading within road right of way will be included in this PS&E package. Consor will merge the City’s boilerplate specifica ons with
the technical specifica
ons. One dra; and one final/bid set submi2al are included in this scope of work.

J. UPRR COORDINATION - TRANSITION TO NEW CONSULTANT - ALLOWANCE J.1. UPRR Final Design Coordina
on
The consultant tasked with providing UPRR coordina
on on this project has asked to be removed from the
project. Consor will replace them with a new consultant with UPRR coordina on exper
se who will assist
the team. The allowance in this amendment will be used to get the new consultant up to speed on the project so they can assist the team in geUng final approval on the GO-88 applica on, dra;ing the C&M
agreement and providing assistance during bidding.

Thank you for your considera
on.

Packet Page No. 119
Cost Proposal
Project Number: 16-N131.00
TASKS
Senior Eng.Senior Eng.Senior Eng.Senior Project ManagerSenior Project ManagerProfessional Eng. VIIEng. Designer VlEng. Designer VI Assistant Engineer
Eng. Designer IITechnician IITechnician IITechnician IICost Estimator IIIPM AsstSenior Project ManagerSenior Project Manager Consor Total Hours
Consor Total Net Labor
Fees
Consor Total Labor
Dollars incl Escalation
ARWS

BASELINE
PARIKH
RJA
TJKM
V&A
Subconsultant Subtotal
GY MJ BA LS JT GP DA RB MD KMc PK DC EJ BG DA MH BO Direct Labor Escalation
Multiplier
No. Task No. Initial Hourly Rate $290 $290 $290 $276 $276 $222 $204 $204 $165 $171 $135 $144 $144 $290 $133 $309 $276

3.5%
A.2 5.12 Extended Utility Agency Coordination and Meetings with Adjacent Property Owners 20 40 20 20 10 110 $28,650 $29,653 $0 A.4 2.8 Additional Hazardous Material Investigation 2 2 $580 $600 $12,942 $12,942 $0
B.2 5.12 Additional Coordination between Design Team and USD (Design) 8 56 16 16 0.5 0.5 97 $19,925 $20,622 $0 B.3 5.12 Additional Review and Research for USD Force Mains 1 2 0 3 $684 $708 $0 B.4 5.12 Additional Geotechnical Recommendations and Report Submittal 1 0 4 6 0.0 11.0 $2,118 $2,192 $9,921 $9,921 B.5 5.12 Addition of Soil Corrosivity Testing and Cathodic Protection Design 0 0 0 0 0.0 0 $0 $0 $0 $0 B.6 5.12 Additional Design Changes to Incorporate Adjacent Property Owners' Facility Designs 8 8 8 8 2 1 35 $7,255 $7,509 B.8 5.12 Additional Coordination with Adjacent Utilities for Conflict Resolution (UPRR, PG&E, FO) $0 B.8.1 5.12 Change Alignment at UPRR to Avoid Signal House and Communications Poles 1 6 22 26 16 1 3 5 0.5 0.5 81.0 $16,044 $16,606 B.8.2 5.12 Change Alignment along Sycamore and Central to Accommodate PG&E JT 1 6 14 21 8 1 3 5 0.5 0.5 60.0 $12,024 $12,445 B.8.3 5.12 Change Alignment along Sycamore and Central to Accommodate PG&E JT HDD and FO 1 6 12 18 8 1 3 5 0.5 0.5 55.0 $11,004 $11,389 Subtotal- Hours & Labor Costs 0 25 40 56 0 0 138 89 10 62 5 9 15 2 0 1 2 0 454 $98,284 $101,723 $ - Other Direct Costs $0 $ -
Fee $1,257 $ -
Contingency (10%) $10,172 $ 2,286
Total Cost $0 $7,250 $11,600 $15,456 $0 $0 $28,152 $18,156 $1,650 $10,602 $675 $1,296 $2,160 $580 $0 $155 $552 $0 $98,284 $98,284 $113,153 $0 $12,942 $9,921 $0 $0 $0 $25,150 138,303$
Project Name: Amendment Request - Wet Utilities, Property Owner Coord, Right of Way, Survey Staking - USD SHARE A Project Management
B Sewer and Pipeline Reolcation Design
AMENDMENT 3 - Additional PM Coordination, Potholing, CP Design and Geotechnical Report - USD SHARE Central Ave - Amendment 3 - Sewer 4-10-2024-current rates-lss Project 1 Hrs 4/12/2024 Packet Page No. 120
Cost Proposal
Date: 4/11/2024
Quincy Engineering, Inc.

Direct Labor: $98,283.50Escalation for Multi-Year Project (3.5%): $3,439.92 10% Contingency $10,172.34
A. Labor Subtotal $111,895.76
Subconsultant Costs:

ARWS $0.00BASELINE $12,942.25PARIKH $9,920.96RJA $0.00TJKM $0.00V&A $0.0010% Contingency $2,286.32 B. Subconsultant Subtotal $25,149.53
Other Direct Costs:

Travel miles @ $0.585 $0.00Pier Diem/ Hotel days @ $150.00 $0.00Delivery @ $20.00 $0.00Vendor Reproduction Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Vendor Reproduction
Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Mounting Boards for Presentations @ $0.00
Newsletters (Translation and printing) @ $0.00
Subtotal Vendor Reproduction $0.00
Title Report @ $0.00
Miscellaneous $0.00
C. Other Direct Cost Subtotal: $0.00
Labor Subtotal A. = $111,895.76Subconsultant Subtotal B. = $25,149.53 * Subconsultant Fee (5.0%): $1,257.48
Other Direct Cost Subtotal: C. = $0.00
ODC Fee (5.0%): $0.00
TOTAL = $138,302.77Note: Invoices will be based upon Consor Agreed Hourly Rates for the given year. * Subconsultant Fee of 5% not applied to Murraysmith fee or Contingency.

Amendment Request - Wet Utilities, Property Owner Coord, Right of Way, Survey Staking - USD SHARE
Central Ave - Amendment 3 - Sewer 4-10-2024-current rates-lss Project 1 Budget Packet Page No. 121
Cost Proposal
Project Number: 16-N131.00
TASKS
Senior Eng.Senior Eng.Senior Eng.Senior Project ManagerSenior Project ManagerProfessional Eng. VIIEng. Designer VlEng. Designer VI Assistant Engineer
Eng. Designer IITechnician IITechnician IITechnician IICost Estimator IIIPM AsstSenior Project ManagerSenior Project Manager Consor Total Hours
Consor Total Net Labor
Fees
Consor Total Labor
Dollars incl Escalation
ARWS

3.5%
A.2 5.11 Extended Utility Agency Coordination (Meetings) 20 40 20 19 10 109 $28,788 $29,796 $0 A.4 2.8 Additional Hazardous Material Investigation 2 2 $580 $600 12,942.25 $12,942 B.1 5.11 Additional Coordination between Design Team and ACWD (Design) 8 56 16 16 0.5 0.5 97 $20,933 $21,665 $0 B.3 5.11 Additional Review and Research for USD Force Mains 3 4 4 11 $2,400 $2,484 $0 B.4 5.11 Additional Geotechnical Recommendations and Report Submittal 1 3 6 0.5 10.5 $2,123 $2,197 $0 B.4 2.7 Additional Geotechnical Recommendations and Report Submittal 0.0 $0 $0 9,920.96 $9,921 B.5 5.11 Addition of Soil Corrosivity Testing and Cathodic Protection Design 5 17 18 24 5.0 69 $14,475 $14,982 29,399.96 $29,400 B.6 5.11 Additional Design Changes to Incorporate Adjacent Property Owners' Facility Designs 12 40 24 16 16 0.5 0.5 109 $22,284 $23,063 $0 B.7 5.11 Plat Map and Legal for ACWD Concentrate Line 1 2 3 $620 $642 3,500.00 $3,500 B.8 5.11 Additional Coordination with Adjacent Utilities for Conflict Resolution (UPRR, PG&E, FO) $0 B.8.1 5.11 Change Alignment at UPRR to Avoid the Signal House and Communications Poles 1 14 40 24 14 2 6 5 0.5 0.5 107.0 $22,461 $23,247 B.8.2 5.11 Change Alignment along Sycamore and Central to Accommodate PG&E JT 1 14 40 24 14 2 6 5 0.5 0.5 107.0 $22,461 $23,247 B.8.3 5.11 Change Alignment along Sycamore and Central to Accommodate PG&E JT HDD and FO 1 14 42 24 14 2 6 5 0.5 0.5 109.0 $22,905 $23,707 Subtotal- Hours & Labor Costs 0 26 40 91 0 261 0 130 12 108 22 18 15 2 0 7 2 0 734 $160,029 $165,629.50 $0.00 Other Direct Costs $0.00 $0.00
Fee $3,066.97 $0.00
Contingency (10%) $16,562.95 $5,576.32
Total Cost $0 $7,540 $11,600 $25,116 $0 $57,942 $0 $26,520 $1,980 $18,468 $2,970 $2,592 $2,160 $580 $0 $2,009 $552 $0 $160,029 $160,029 $185,259.42 $0.00 $12,942.25 $9,920.96 $3,500.00 $0.00 $29,399.96 $61,339.48 246,599$
Project Name: Amendment Request - Wet Utilities, Property Owner Coord, Right of Way, Survey Staking - ACWD SHARE A Project Management
B Sewer and Water Pipeline Reolcation Design
AMENDMENT 3 - Additional PM Coordination, Potholing, CP Design and Geotechnical Report - ACWD SHARE Central Ave - Amendment 3 - Water 4-25-2024-current rates-lss Project 1 Hrs 5/17/2024 Packet Page No. 122
Cost Proposal
Date: 4/25/2024
Quincy Engineering, Inc.

Direct Labor: $160,028.50Escalation for Multi-Year Project (3.5%): $5,601.00 10% Contingency $16,562.95
A. Labor Subtotal $182,192.45
Subconsultant Costs:

ARWS $0.00BASELINE $12,942.25PARIKH $9,920.96RJA $3,500.00TJKM $0.00V&A $29,399.9610% Contingency $5,576.32 B. Subconsultant Subtotal $61,339.48
Other Direct Costs:

Travel miles @ $0.585 $0.00Pier Diem/ Hotel days @ $150.00 $0.00Delivery @ $20.00 $0.00Vendor Reproduction Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Vendor Reproduction
Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Mounting Boards for Presentations @ $0.00
Newsletters (Translation and printing) @ $0.00
Subtotal Vendor Reproduction $0.00
Title Report @ $0.00
Miscellaneous $0.00
C. Other Direct Cost Subtotal: $0.00
Labor Subtotal A. = $182,192.45Subconsultant Subtotal B. = $61,339.48 * Subconsultant Fee (5.0%): $3,066.97
Other Direct Cost Subtotal: C. = $0.00
ODC Fee (5.0%): $0.00
TOTAL = $246,598.90Note: Invoices will be based upon Consor Agreed Hourly Rates for the given year. * Subconsultant Fee of 5% not applied to Murraysmith fee or Contingency.

Amendment Request - Wet Utilities, Property Owner Coord, Right of Way, Survey Staking - ACWD SHARE
Central Ave - Amendment 3 - Water 4-25-2024-current rates-lss Project 1 Budget Packet Page No. 123

CENTRAL AVENUE OVERPASS
(City Project 1014)

POTABLE WATER MAIN AND DESALINTION CONCENTRATE

WATER MAIN RELOCATION DESIGN
Cost Sharing Agreement Between the
City of Newark and the Alameda County Water District
This Cost Sharing Agreement ("Agreement") is entered into by and between the City of Newark, a municipal corporation (“City”), and the Alameda County Water District, a California county water district, (“ACWD”). City and ACWD may each be referred to as a “Party” and be collectively referred to herein as the “Parties.”

RECITALS
A. The City proposes to grade separate Central Avenue (City Project 1014) ("Grade Separation Project"), a City street, at the existing at-grade railroad crossing between Sycamore Street and Morton Avenue; and ACWD owns and maintains potable water pipelines and water treatment process pipelines within the limits of the City's Project.

B. In accordance with the City’s Notice to ACWD, dated, April 5, 2018, ACWD agrees it is necessary to prepare the design to relocate its large diameter potable water, small diameter water service line, fire hydrants, and large diameter desalination concentrate water facilities to accommodate construction of the Project in the manner proposed (“ACWD Water Main Relocation Design”).

C. In order to provide for the most efficient and cost-effective implementation of the ACWD Water Main Relocation, to minimize disruption to the infrastructure improvements in the Project area and impacts to Newark residents, the Parties desire to combine the work into a single project to the extent possible. To this end, the Parties intend to include the ACWD Water Main Relocation Design with the Grade Separation Project, collectively referred to as the “Project”.

D. It is the intent of the City to administer the Project. It is the intent of ACWD to support City’s implementation of the Project and to reimburse the City’s certain design costs associated with the ACWD Water Main Relocation Design.

E. The inclusion of the ACWD Water Main Relocation Design in the Project will require coordination between the City and ACWD regarding the acquisition of permits, design, and design review for the Project. The City will not include the ACWD Water Main Relocation Design in the Project bid documents until after the City and ACWD enter into a cost sharing agreement for the Project construction and construction related work. The City and ACWD will work diligently to supplement this Agreement with a new or amended cost sharing agreement to address Project construction and construction related work.

Packet Page No. 124
F. The Parties desire to work cooperatively and to document a reasonable and responsible basis for the cooperative design and cost-sharing of the ACWD Water Main Relocation Design for the mutual benefit of their agencies and their public constituents.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS

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

1. COORDINATED DESIGN AND ENGINEERING WORK

1.1 City’s Design Consultant shall prepare the design contract documents for the ACWD Water Main Relocation Design to be incorporated into the Project (“Consultant Design Services”).

1.2 ACWD shall review the portion of the design, construction plans, and specifications related to ACWD Water Main Relocation Design at ACWD sole cost and expense.

1.3 City shall provide ACWD 65%, 90%, 95% and 100% design submittals, which shall include the design drawings and specifications, for the ACWD Water Main Relocation Design for review. ACWD shall promptly and diligently review each design submittal, and provide comments, if any, to City within fourteen (14) calendar days of ACWD’s receipt of the respective design submittal.

1.4 ACWD shall provide City with ACWD’s technical specifications, and standard drawings and specifications for the ACWD Water Main Relocation Design work. If mutually agreeable by ACWD and the City, the City will incorporate these drawings and specifications into the City’s Project bid package. ACWD will review the City’s technical drawings and specifications, and confirm that the ACWD standard drawings and specifications have been correctly incorporated into the City’s Project plans and specifications.

1.5 At least twenty-eight (28) calendar days prior to the advertisement of bids, City shall provide ACWD with a complete copy of the 100% design submittal for review, including but not limited to, the 100% drawing set, General Conditions, Special Conditions, Technical Specifications, and payment item schedule, including the ACWD bid items.

ACWD shall promptly and diligently review the 100% Design Submittal for the Project, and provide comments, if any, to City within fourteen (14) calendar days of ACWD’s receipt of the 100% design submittal. City shall reasonably consider ACWD proposed modifications of the 100% design submittal. City shall supply within seven (7) calendar days written explanation, including reasons why and justification for, any ACWD modifications not included. If ACWD believes that its modifications should be included in the Construction Contract plans and specifications for the Project after reasonably considering City’s written explanation, ACWD and City shall meet and confer in good faith to reach a mutually acceptable solution.

1.6 All ACWD Water Main Relocation Design work prepared by the Consultant Design Services shall be and are the property of ACWD who shall be entitled to access and to Packet Page No. 125
copy the ACWD Water Main Relocation Design work during the progress of the work. If requested by ACWD, the City shall deliver one copy of the ACWD Water Main Relocation Design remaining in the hands of the City, or in the hands of the design consultant, or any subcontractor, upon completion or termination of the work or Agreement to ACWD. The City assigns to ACWD all right, title, and interest in and to the ACWD Water Main Relocation Design, including ownership of copyright in the ACWD Water Main Relocation Design. ACWD may utilize any material prepared or work performed by the City’s Consultant Design Services pursuant to this Agreement, in any manner which ACWD deems proper without additional compensation to the City. The City shall not disclose project related data or information without the prior written consent of ACWD.

2. ENVIRONMENTAL REVIEW AND PERMITTING
City will serve as the lead agency for California Environmental Quality Act (CEQA) and ACWD will be a responsible agency with discretionary approval authority over the Project as to the ACWD Water Main Relocation work. City will assist District with all environmental permits for the ACWD Water Main Relocation work, including permits required from Union Pacific Railroad (UPRR) for crossings within UPPR right-of-way. ACWD to submit UPRR Permit Application and reference existing City UPRR Permit Application when submitting to UPRR.

3. COSTS ASSOCIATED WITH ACWD WATER MAIN RELOCATION DESIGN

3.1 The design and all other related services for the Water Main Relocation Design will be completed at 18% City expense and 82% ACWD expense in accordance with the cost share calculation attached to this Agreement as Exhibit A and incorporated herein by this reference. The total estimated cost breakdown is as follows:

Design
Total Estimated Costs for Water Main Relocation Design..............$395,581.00 Total Estimated City Responsibility (18%)......................................$71,204.00 Total Estimated ACWD Responsibility (82%).............................. $324,377.00

3.2 The total cost for the Water Main Relocation Design under this Agreement shall not exceed $400,000.00. Any costs proposed beyond this cap shall be reviewed and approved by ACWD. The City and ACWD must enter into an amendment to this Agreement to cover an agreed upon additional cost exceeding the $400,000.00 cap amount.

4. COSTS ASSOCIATED WITH ACWD WATER MAIN CONSTRUCTION AND

CONSTRUCTION RELATED WORK

4.1 In addition to the costs associated with ACWD Water Main Relocation Design, a future amended or new cost sharing agreement to address Project construction and construction related work will include the following estimated cost sharing percentages:

Packet Page No. 126
1) Fire hydrant construction, including laterals and sleeves for crossings, will be 100% paid by City per City of Newark / ACWD Fire Hydrant Installation and Maintenance Agreement. (ACWD Agreement No. 624, 10/24/1963).
2) Desalination Concentrate Water Main construction will be 100% paid by ACWD. (See Exhibit A, Basis of Calculation, Desalination Concentrate Water Main, 100% ACWD and 0% City)
3) Potable Water Main construction will by cost shared 74% ACWD and 26% City. (See Exhibit A, Basis of Calculation, Potable Water Main, 74% ACWD and 26% City)
4) Other water services construction, including potable commercial, industrial, irrigation, and sleeves for crossings will be cost shared and evenly split 50% ACWD and 50% City.
5) Construction related work, such as engineering fees during construction, surveying, construction management, and specialty inspection will be split by the applicable cost sharing percentages defined in section 3 of the Agreement.

5. RESOLUTION OF DISPUTES. In the event the Parties should disagree regarding implementation of this Agreement, the Parties agree to use the following dispute resolution procedure.

5.1 At least one individual in a senior management position from each party will meet, in person, and attempt to resolve the dispute informally.

5.2 If the initial meeting does not resolve the dispute, the City Manager for the City, and the General Manager for ACWD will meet, in person, and attempt to resolve the dispute informally.

5.3 If the meeting with the City Manager and General Manager does not resolve the dispute, the matter shall be referred to a mediation with a JAMS representative with JAMS’ fees to be split equally between the City and ACWD.

5.4 If neither the staff meetings nor the meditation results in resolution of the dispute, the Parties shall have the right to exercise any of its remedies available under law.

6. GENERAL PROVISIONS.

6.1 RELATIONSHIP BETWEEN THE PARTIES. This Agreement does not create any partnership or agency between the Parties.

6.1.1 ACWD is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, and contractors, including any negligent acts or Packet Page No. 127
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 obligation whatsoever.

6.1.2 The City is, and at all times 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 obligation whatsoever.

6.2 AUTHORIZED REPRESENTATIVES.

6.2.1 All ACWD services under this Agreement shall be performed by, or under the direct supervision of, ACWD’s Authorized Representative, Girum Awoke, Director of Engineering & Technology Services, unless otherwise designated in writing by ACWD’s Authorized Representative or the General Manager.

6.2.2 All City services under this Agreement shall be performed by, or under the direct supervision of, the City’s Authorized Representative, Howard Young, Public Works Director, unless otherwise designated in writing by the City’s Authorized Representative or the City Manager.

6.3 INDEMNIFICATION.

6.3.1 Pursuant to Government Code section 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 litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising from the City’s negligent acts or omissions under this Agreement.

In addition, City will require its design and engineering consultant(s) 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 additional insureds to the same extent that the City requires its design and engineering consultants to indemnify, hold harmless, and defend the City and to include the City as an additional insured.

6.3.2 Pursuant to Government Code section 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 litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorney’s fees) resulting or arising from the ACWD’s negligent acts or omissions under this Agreement.

6.4 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 the obligations of the Parties under this Agreement.

Packet Page No. 128

6.5 ACCOUNTING RECORDS. The Parties 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. The Parties’ accounting records shall include, at a minimum, all documents which support the costs and expenses related to the ACWD Water Main Relocation Design for this Agreement, including personnel, contractors, invoices and payments, and reimbursable expenses. Each Party’s accounting records shall be made available to the other Party within a reasonable time after request, during normal business hours.

6.6 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, (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: ACWD
Attn: Public Works Director Attn: Director of Engineering and Technology Services
City of Newark Alameda County Water District
37101 Newark Boulevard 43885 S. Grimmer Boulevard
Newark, CA 94560 Fremont, CA 94538

6.7 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.

6.8 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.

6.9 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.

6.10 ASSIGNMENT AND DELEGATION. This Agreement, nor any portion thereof, shall not be assigned or transferred, nor shall any of a Party’s duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written 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 Packet Page No. 129
any subsequent assignment.

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

6.12 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.

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

6.14 EACH PARTY’S ROLE IN DRAFTING THE AGREEMENT. Each Party has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

6.15 COUNTERPART SIGNATURES. The Parties recognize and agree that separate counterpart signature pages may be used but that all such pages constitute one and the same Agreement.

Packet Page No. 130

6.16 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 ACWD 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 ACWD do hereby agree to the full performance of the terms set forth herein.

CITY OF NEWARK ALAMEDA COUNTY WATER DISTRICT
By: By:

David J. Benoun Ed H. Stevenson
Title: City Manager Title: General Manager
Date ____________________________ Date ____________________________ Packet Page No. 131

EXHIBIT
A
Packet Page No. 132
Alameda County Water District and City of Newark
Cost Share
The CITY and ACWD have agreed to the following cost sharing formula for the ACWD Water Main Relocation Design:

Common Factors:
 All design for the relocation of ACWD utility facilities and construction related costs associated with relocation within the CITY's right-of-way will be the responsibility of ACWD
 All design and construction related costs associated with relocation within all other areas will be the responsibility of the CITY
Basis of Calculations
 The CITY will design the Project with applicable percentage of the ACWD Water Main Relocation Design cost paid by the CITY and ACWD.

Potable Water Main
 Total length of potable water main facilities to be relocated: 2,647 LF  Total length of potable water main facilities in UPRR ROW and other ACWD-owned water line easements: 685 LF (685/2647 = 26%)
o Responsibility of the CITY
 Total length of potable water main facilities in CITY ROW: 1,962 LF (1962/2647 = 74%) o Responsibility of ACWD
Desalination Concentrate Water Main
 Total length of desalination concentrate water main facilities to be relocated: 1,119 LF  Total length of desalination concentrate water main facilities in ACWD-owned water line agreement: 898 LF (898/1119 = 80%)
o Responsibility of ACWD, ACWD is including the desalination concentrate line in the CITY scope of work
 Total length of desalination concentrate water main facilities in CITY ROW: 221 LF (221/1119 = 20%)
o Responsibility of ACWD
Total Water Main
 Total Water Main Length to be relocated (2,647 LF + 1,119 LF = 3,766 LF)  Responsibility of the CITY (685 LF, 685/3766 = 18.2%, use 18%)  Responsibility of ACWD (1,962 LF + 898 LF + 221 LF = 3,081 LF, 3081/3766 = 81.8%, use 82%)
Packet Page No. 133
Total Estimated Costs for Water Main Relocation Design
Design
 Qunicy Task Order No. 2 (12/14/2021): $148,981.81
 Consor Cost Proposal for Amendment No. 3 (04/25/2024): $246,599.00  Total Design Estimate: $395,580.81 (use $395,581.00)
Estimated Cost Share Liability – ACWD (82%)
o Design: $324,376.42 (use $324,377.00)
Estimated Cost Share Liability – CITY (18%)
o Design: $71,204.58 (use $71,204.00)
Costs are estimates only; final cost share will be based on actual costs and final pipe installation footage not to exceed a final Water Main Relocation Design cost of $400,000.00 per section 3.2 of the Agreement.

Packet Page No. 134

Page 1 of 12 ends

CENTRAL AVENUE OVERPASS PROJECT
(City Project 1014)

SANITARY SEWER RELOCATION
Cost Sharing Agreement Between the
City of Newark and the Union Sanitary District
This Cost Sharing Agreement ("Agreement") is entered into by and between the City of Newark, a municipal corporation (“City”), and the Union Sanitary District, a sanitary district, (“USD”). City and USD may each be referred to as a “Party” and be collectively referred to herein as the “Parties.”

RECITALS
A. The City proposes to grade separate Central Avenue, a City street, at the existing at-grade railroad crossing between Sycamore Street and Morton Avenue through its City Project 1014 ("Grade Separation Project"); and USD owns and maintains sanitary sewer facilities within the limits of the City's Project.

B. In accordance with the City’s Notice to USD, dated May 10, 2018, USD agrees to relocate its sanitary sewer assets / to accommodate construction of the Project in the manner proposed (“USD Sanitary Sewer Relocation”).

C. In order to provide for the most efficient and cost-effective implementation of the USD Sanitary Sewer Relocation, to minimize disruption to the infrastructure improvements in the Project area and impacts to Newark residents, the Parties desire to combine the work into a single project to the extent possible. To this end, the Parties intend to include the USD Sanitary Sewer Relocation with the Grade Separation Project, collectively referred to as the “Project”.

D. It is the intent of the City to administer the Project. It is the intent of USD to support City’s implementation of the Project and to reimburse the City’s certain costs associated with the USD Sanitary Sewer Relocation.

E. The inclusion of the USD Sanitary Sewer Relocation in the Project will require coordination between the City and USD regarding the acquisition of permits, design, design review, construction, inspection, testing, acceptance, and warranties for the Project.

F. The Parties desire to work cooperatively and to document a reasonable and responsible basis for the cooperative design and construction and cost-sharing of the Project for the mutual benefit of their agencies and their public constituents.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS

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

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1. COORDINATED DESIGN AND ENGINEERING WORK

1.1 City’s Design Consultant shall prepare the design and construction contract documents for the USD Sanitary Sewer Relocation to be incorporated into the Project (“Consultant Design Services”).

1.2 The Project construction contract documents shall include a schedule of “bid items” for which each bidder shall identify a “bid item amount.” The bid items for the USD Sanitary Sewer Relocation (“USD Bid Items”) shall be incorporated in the Project bid and construction documents, along with the estimated quantity for each bid item.

1.3 USD shall review the portion of the design, construction plans, and specifications related to USD Sanitary Sewer Relocation and the USD Bid Items at USD’s sole cost and expense.

1.4 City shall provide USD 65%, 90%, and 100% design submittals, which shall include the design drawings and specifications, for the USD Sanitary Sewer Relocation for review.

USD shall promptly and diligently review each design submittal, and provide comments (i.e. Microsoft Excel Spreadsheet), if any, to City within fourteen (14) calendar days of USD’s receipt of the respective design submittal.

1.5 At least twenty-eight (28) calendar days prior to the advertisement of bids, City shall provide USD with a complete copy of the 100% design submittal for review, including but not limited to, the 100% drawing set, General Conditions, Special Conditions, Technical Specifications, Engineer’s Opinion of Probable Construction Costs, and payment item schedule, including the USD Bid Items. USD shall promptly and diligently review the 100% Design Submittal for the Project, and provide comments, if any, to City within fourteen (14) calendar days of USD’s receipt of the 100% design submittal. City shall reasonably consider USD proposed modifications of the 100% design submittal.

City shall supply within seven (7) calendar days written explanation, including reasons why and justification for, any USD modifications not included. If USD believes that its modifications should be included in the Construction Contract plans and specifications for the Project after reasonably considering City’s written explanation, USD and City shall meet and confer in good faith to reach a mutually acceptable solution.

2. ENVIRONMENTAL REVIEW AND PERMITTING
City will serve as the lead agency for California Environmental Quality Act (CEQA) and USD will be a responsible agency with discretionary approval authority over the Project as to the USD Sanitary Sewer Relocation Work. City will acquire all environmental permits for the USD Sanitary Sewer Relocation Work.

3. ADVERTISING AND AWARD OF CONSTRUCTION MANAGEMENT SERVICES IN

SUPPORT OF THE PROJECT

3.1 The City will advertise a Construction Management RFP, including construction management services related to the USD Sanitary Sewer Relocation, in accordance with Packet Page No. 136

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the City’s practices and applicable law (“Construction Management Services”).

Construction Management Services associated with the first phase of the Project, which will include relocation of ACWD and USD assets, shall be included separately in the RFP and required scope and fee proposals.

3.2 Upon receipt of proposals for the work, the City shall share all of the proposals received, including costs related to the USD Sanitary Sewer Relocation, with USD. USD will be allowed to participate in the evaluation of the proposals and the City and USD shall confer regarding the proposals; however, the City shall retain the sole discretion to select the proposer based on the proposal in accordance with its proposal evaluation criteria.

3.3 The City will then award the Construction Management Services, including services in support of the USD Sanitary Sewer Relocation, to the selected proposer (“Construction Management Consultant”) in accordance with its practices and applicable law.

4. BIDDING AND AWARD OF CONSTRUCTION CONTRACT.

4.1 The City shall issue the plans and specifications for the Project for public competitive bids and award the contract for the Project in accordance with the requirements of the California Public Contract Code, the Newark Municipal Code, and any other applicable laws and regulations.

4.2 Concurrently with advertising for bids, City shall provide USD with a complete copy of the advertised contract documents (“Construction Contract”) for the Project used to invite such bids. City shall include USD when issuing any addenda during the bidding period.

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

4.4 USD shall, within three (3) days of its receipt of the final bid documents, indicate whether it has any objections to the City’s award of the City’s award of the Project Construction Contract.

4.5 If USD timely provides the City with a written notice of objection, the City and USD shall negotiate in good faith in an effort to informally resolve the dispute. If no agreement is reached within thirty (30) calendar days after the date City receives USD’s notice of objection, the parties shall submit the matter to dispute resolution as described in Section 9 of this Agreement.

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

5.1 The City shall administer the Construction Contract for the Project, including the USD Sanitary Sewer Relocation. USD shall support the City’s administration of the construction work.

5.2 The City shall be responsible for the day-to-day inspection and approval for all components of the Project and USD will provide construction inspection, assist with Packet Page No. 137

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construction management for all components of the USD Sanitary Sewer Relocation during construction, and shall promptly communicate to City any rejection or acceptance of the quality of materials and construction work relating to the USD Sanitary Sewer Relocation. The City’s responsibilities shall include, but not be limited to, inspections of:
(a) installation of the permanent sanitary sewer line and all associated appurtenances, (b) connections, and (c) backfill of the trench up to one foot over the top of pipe. City shall communicate each acceptance or rejection of the quality of materials and construction work to the contractor for the Project (“Contractor”). The final acceptance of USD Sanitary Sewer Relocation shall be by USD Personnel following a successful closedcircuit television (CCTV) inspection of the USD assets.

5.3 To the extent City inspections at any stage reveal a failure by Contractor to meet the requirements of the Construction Contract and/or the plans and specifications for the USD Sanitary Sewer Relocation, City shall provide a written explanation of the basis for the failure. City shall instruct Contractor to take all appropriate actions to correct its work, and shall not accept these components of the USD Sanitary Sewer Relocation.

Contractor’s requests for variance to the Construction Contract and/or the plans and specifications shall be reviewed and approved by USD personnel.

5.4 City shall maintain and forward to USD all documents related to the USD Sanitary Sewer Relocation, including but not limited to all daily logs, inspector notes, testing, and correspondence.

5.5 City shall supply redline drawings of the USD Sanitary Sewer Relocation to USD upon City’s and USD’s acceptance of the Project as complete. The redline drawings shall show the location and details of any changes made during construction to the USD Sanitary Sewer Relocation.

6. COSTS ASSOCIATED WITH USD SANITARY SEWER RELOCATION AND ADMINISTRATIVE FEE.

6.1 The design, construction, construction management, testing, inspection, acceptance, and all other related services for the USD Sanitary Sewer Relocation will be completed at 11% City expense and 89% USD expense in accordance with the cost share calculation attached to this Agreement as Exhibit A and incorporated herein by this reference.

6.2 The as-bid construction cost for the USD Bid Items shall be identified separately on the bid schedule to be included in the Construction Contract (“USD As-Bid Construction Cost”). The USD As-Bid Construction Cost, including labor, material, permit fees and equipment for the USD Bid Items shall be determined before the Construction Contract is awarded by the City.

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7. USD SANITARY SEWER RELOCATION ACTUAL COST AND PAYMENT

7.1 As set forth above, pursuant to the contract awarded by the City, the Contractor shall be obligated to the City to perform all work required by the Construction Contract (including the USD Bid Items) and the City shall be obligated to administer the Construction Contract and pay the Contractor for all work performed in accordance with the Construction Contract. USD agrees to reimburse to the City the actual cost of the USD Sanitary Sewer Relocation (“USD Sanitary Sewer Relocation Actual Cost”).

7.2 The “USD Sanitary Sewer Relocation Actual Cost” shall equal eighty nine percent (89%) of the dollar amount that the City actually pays the Contractor in accordance with the terms of the Construction Contract for the USD As-Bid Construction Cost, plus the actual construction cost of any and all construction change orders approved pursuant to Section 8 below and claims to the extent that they increased the cost of the USD Sanitary Sewer Relocation. Thus, the USD Sanitary Sewer Relocation Actual Cost will include the product of the actual quantities and the Contractor’s bid amount for each USD Bid Item plus payments for contract change orders and claims related to the USD Sanitary Sewer Relocation as further discussed in this Section.

7.3 For the Consultant Design Services and Construction Management Services, USD shall reimburse to the City its share of the accrued USD Sanitary Sewer Relocation Design Costs, and Construction Management Costs, as set forth in Section 6 above, no later than 60 days after receipt of an invoice from the City. If USD disputes any portion or item of any invoice, USD shall provide written notice of the dispute, with an explanation of the basis for the dispute no later than 14 calendar days after USD’s receipt of the Invoice.

USD’s failure to provide timely written notice to the City disputing any portion or item of an invoice shall be deemed an approval by USD of all undisputed portions or items on the invoice. USD shall pay the portion of the invoice that is not in dispute in accordance with this section.

7.4 For the Construction Contract, USD agrees to pay for the full cost of work for which the District is responsible pursuant to Section 6 above based on the unit prices and final approved quantities of the applicable pay items. Within sixty (60) days after the award of the Construction Contract or within thirty (30) days after the Notice of Proceed is issued to the Contractor, whichever is later, USD agrees to deposit sufficient funds with the City to cover 50% of the USD As-Bid Construction Cost, adjusted for retention withhold from the Contractor. USD agrees to reassess this initial deposit amount and make an adjustment based on the projected scope of work within the first 60 days of construction (after issuance of the Notice to Proceed) for which the District is responsible as based on the approved Construction Contract Schedule. The remaining deposit to reach 100% of the full cost of work for which the District is responsible shall be paid in up to four additional increments mutually agreed upon by the City and USD after the initial deposit is spent. For cost accounting and reporting purposes, on a monthly basis, City will furnish to USD a statement of the USD Sanitary Sewer Relocation Actual Cost which shall include a detailed statement of itemized construction costs for the completed and verified USD Bid Items to date plus any and all construction change orders and claims to the extent that they increased the cost of the USD Sanitary Sewer Relocation. If requested by USD, Packet Page No. 139

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the City will provide USD with copies of the Contractor’s invoices for the USD Sanitary Sewer Relocation. The City shall return to USD all unspent funds deposited by USD in accordance with this Agreement after acceptance of the Project.

7.5 If USD timely provides the City with a written notice of dispute on any invoice item, the City and USD shall negotiate in good faith in an effort to informally resolve any such dispute. If no agreement is reached within 45 calendar days after the date City receives USD’s notice of dispute, the parties shall submit the matter to dispute resolution as described in Section 9 of this Agreement.

8. MODIFICATIONS TO USD SANITARY SEWER RELOCATION DURING CONSTRUCTION.

8.1 To the extent that the Contractor is entitled to additional compensation under the terms of the Construction Contract, for work related to the USD Bid Items, the additional compensation shall be considered USD Sanitary Sewer Relocation Actual Cost pursuant to Section 7 of this Agreement.

8.2 It is the intent of this Agreement that there be constant communication between City and USD staff regarding any potential modifications during construction. Therefore, all construction change orders or claims affecting or increasing the cost or scope of the USD Sanitary Sewer Relocation shall be submitted to USD staff for prior review and approval.

In the event that City believes emergency circumstances exist related to construction change orders, including but not limited to any project safety concerns or the potential for significant delays, USD shall provide a response to City’s initial inquiry within 4 hours for non-major change orders, or within 24 hours for any major construction change orders.

A “major” construction change order or claim is defined as any change order associated with the USD Sanitary Sewer Relocation that results in a cost increase greater than $5,000.00 or that alters the terms or conditions of the Construction Contract that results in a cost increase greater than this amount. In such emergency circumstances, City and USD shall utilize email or other rapid means of communication to confirm agreement on resolution of the emergency and defer formal written authorization to a later date. USD shall provide City a contact list for such communication, and City shall attempt to contact USD prior to proceeding without USD’s input. In the event USD does not provide a timely response when the City deems that emergency circumstances exist, City shall be deemed to be authorized to use its best judgment to act upon the proposed change order to resolve the emergency circumstance. Notwithstanding the above, the City is authorized to act on contract change orders as necessary to resolve any immediate life-safety issues associated with the project. For all other (non-emergency) major contractor change orders, formal written responses of USD staff shall be provided to the City within seven (7) calendar days after receipt (or within three (3) working days for non-major contractor change orders), unless authorized City and USD staff agree in writing that a specific longer period of review time is necessary for more complex change order proposals or claims. If USD disagrees with the proposed change order or a proposed claim approval, USD shall include the reasons for its disagreement in its written responses. In the event that the City project manager does not receive comments from USD within the specified time, he or she shall be deemed to be authorized to use his or her best judgment with Packet Page No. 140

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regard to acting upon the proposed change order or claim. If USD submits timely written responses, the City shall in good faith consider such responses in acting upon the proposed change order or claim.

8.3 The City may act upon construction change orders and claims which are not “major” without consultation with USD. However, after the aggregate total of change orders or claims exceed 10% of the cost of the USD Sanitary Sewer Relocation as set forth in the Contractor’s bid, City shall submit to USD staff for prior review and approval all subsequent non-major change orders or claims. This prior review and USD response shall be pursuant to Section 8.2 except that responses of USD staff shall be provided within three (3) working days for non-major change orders.

9. RESOLUTION OF DISPUTES. In the event the Parties should disagree regarding implementation of this Agreement, the Parties agree to use the following dispute resolution procedure.

9.1 At least one individual in a senior management position from each party will meet, in person, and attempt to resolve the dispute informally.

9.2 If the initial meeting does not resolve the dispute, the City Manager for the City, and the General Manager for USD will meet, in person, and attempt to resolve the dispute informally.

9.3 If the meeting with the City Manager and General Manager does not resolve the dispute, the matter shall be referred to a mediation with a Judicial Arbitration & Mediation Services (JAMS) representative with JAMS’ fees to be split equally between the City and USD.

9.4 If neither the staff meetings nor the meditation results in resolution of the dispute, the Parties 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 Parties.

10.1.1 USD is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, and contractors, including any negligent acts or omissions.

USD 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 obligation whatsoever.

10.1.2 The City is, and at all times 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 USD’s agent and shall have no authority to act on behalf of USD, or to bind USD to any obligation whatsoever.

10.2 AUTHORIZED REPRESENTATIVES.

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10.2.1 All USD services under this Agreement shall be performed by, or under the direct supervision of, USD’s Authorized Representative, Richard Thow, Customer Service Coach, unless otherwise designated in writing by USD’s Authorized Representative 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 Representative, Howard Young, Public Works Director, unless otherwise designated in writing by the City’s Authorized Representative or the City Manager.

10.3 INDEMNIFICATION.

10.3.1 Pursuant to Government Code section 895.4, City shall indemnify, hold harmless, and defend USD (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 from the Project, including without limitation, any Contractor claims or disputes, or City’s obligations under this Agreement, except to the extent of USD’s negligence or willful misconduct.

In addition, City will require its design and engineering consultant(s), construction manager and Contractor to indemnify, hold harmless, and defend USD and its officials, officers, agents, and employees and to include USD and its officials, officers, agents, and employees as additional insureds to the same extent that the City requires its design and engineering consultants, construction manager and Contractor to indemnify, hold harmless, and defend the City and to include the City as an additional insured.

10.3.2 Pursuant to Government Code section 895.4, USD 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) to the extent resulting or arising from the USD’s negligent acts or omissions or willful misconduct under this Agreement.

10.4 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 the obligations of the Parties under this Agreement.

10.5 ACCOUNTING RECORDS. The Parties 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. The Parties’ accounting records shall include, at a minimum, all documents which support the costs and expenses related to the USD Sanitary Sewer Relocation for this Agreement, including personnel, contractors, invoices and payments, and reimbursable expenses. Each Party’s accounting records shall be made available to the other Party within a reasonable time after request, during normal business hours.

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10.6 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, (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: USD
Attn: Public Works Director Attn: General Manager
City of Newark Union Sanitary District
37101 Newark Boulevard 5072 Benson Road
Newark, CA 94560 Union City, CA 94587

10.7 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.

10.8 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.

10.9 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.

10.10 ASSIGNMENT AND DELEGATION. This Agreement, nor any portion thereof, shall not be assigned or transferred, nor shall any of a Party’s duties be delegated, without the written consent of the other Party. Any attempt to assign or delegate this Agreement without the written 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 writing signed by both Parties.

10.12 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.

10.13 ENTIRE AGREEMENT. This Agreement, including all documents incorporated Packet Page No. 143

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herein by reference, comprises the entire integrated understanding between the parties concerning the matters 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.

10.14 EACH PARTY’S ROLE IN DRAFTING THE AGREEMENT. Each Party has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

10.15 COUNTERPART SIGNATURES. The Parties recognize and agree that separate counterpart signature pages may be used but that all such pages constitute one and the same Agreement.

10.16 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 USD 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 USD do hereby agree to the full performance of the terms set forth herein.

CITY OF NEWARK UNION SANITARY DISTRICT
By: By:

David Benoun Paul R. Eldredge, P.E.

Title: City Manager Title: General Manager/District Engineer Date____________________________ Date____________________________ Packet Page No. 144

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EXHIBIT
A
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Union Sanitary District and City of Newark Cost Share
The Parties have agreed to the following cost sharing formula for the USD Sanitary Sewer Relocation
Common Factors:
 All design for the USD Sanitary Sewer Relocation Project and its construction related costs within the CITY's right-of-way will be the responsibility of USD.  All design and construction related costs associated with relocation within all other areas will be the responsibility of the CITY
Basis of Calculations
 The City will design, bid, and contract to construct the Project  Total length of sanitary sewer assets to be relocated: 1,025 LF  Total length of sanitary sewer assets in UPRR easements: 110 LF (110/1,1025=11%)  Total length of sanitary sewer assets in Newark ROW: 915 LF (915/1,1025=89%) Estimated Costs
 Design $234,222
 Construction $2,350,000
Estimated Cost Share Liability – USD (89%)
 Design $208,458
 Construction $2,091,500
Estimated Cost Share Liability – Newark (11%)
 Design $25,764
 Construction $258,500
Construction Management Cost Share Calculations
 W = Estimated Water Line Relocation Costs $ TBD
 SS = Estimated Sanitary Sewer Line Relocation Costs $ TBD  SS% = % of Sewer Line Costs = SS/(W+SS) $ TBD
 CM = Total CM Cost for relocation of water and sewer assets $ TBD  SSCM = CM*SS%
 USD CM Cost Share Liability = SSCM * 89%
Costs are estimates only; final cost share will be based on actual costs and final pipe installation footage. The construction management cost-share calculations will be determined and amended to this Agreement at a future date.

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Item D. 6.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Oscar Carrillo, Community Preservation Manager
SUBJECT Waive further reading, conduct a second reading by title only, and adopt an ordinance adding Newark Municipal Code Chapter 5.42, "Tobacco Retailers," to Title 5 of the Newark Municipal Code At its October 10, 2024, meeting, the City Council introduced an ordinance adding Newark Municipal Code Chapter 5.42, "Tobacco Retailers," to Title 5 of the Newark Municipal Code. The introduction included information included in a slip sheet memorandum from the City Clerk. A second reading of the ordinance is required prior to adoption. The proposed ordinance will address public health problems associated with tobacco use, ensure compliance with Federal, State, and local tobacco laws, and establish a Tobacco Retail License program. The ordinance will take effect 30 days after the second reading.

Attachments
Ordinance
TRL Exhibit A
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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK ADDING CHAPTER 5.42, “TOBACCO RETAILERS”,

TO THE NEWARK MUNICIPAL CODE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke, making tobacco use the nation’s leading cause of preventable death;
1 and
WHEREAS, the World Health Organization (WHO) estimates that tobacco kills 98 million people and causes over 1.4 trillion dollars in economic damage each year;2 and WHEREAS, 5.6 million of today’s Americans who are younger than 18 are projected to die prematurely from a smoking-related illness;
3 and
WHEREAS, tobacco use is the number one cause of preventable death in California4 and continues to be an urgent public health issue; and
WHEREAS, tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity; 5 and
1 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf 2 World Health Organization. WHO Report on the Global Tobacco Epidemic, 2019: Offer Help to Quit Tobacco Use. 2019. Available at: https://apps.who.int/iris/handle/10665/326043. 3 Supra, Note 1.
4 California Department of Public Health, California Tobacco Control Program. The #1 Preventable Cause of Death.
http://tobaccofreeca.com/other-tobacco-products/the-number-1-preventable-cause-of-death.

Accessed May 12, 2020.
5 California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department of Public Health. 2019.

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WHEREAS, despite the State’s efforts to limit youth access to tobacco, youth are still able to access tobacco products in California;6 and
WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act, enacted in 2009, prohibited candy and fruit flavored cigarettes7 largely because of these flavored products are marketing toward youth and young adults,8 and younger smokers and more likely than older smokers to have tried these products;9 and
WHEREAS, according to the California Department of Public Health, flavored tobacco products are used by the majority of youth and young adult tobacco users (86.4% and 57.7%) in California;
10 and
6 California Tobacco Control Program. California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016. California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department of Public Health. 2019.

California Student Tobacco Survey, 2017-18. San Diego, California: Center for Research and Intervention in Tobacco Control (CRITC), University of California, San Diego; April 2019; Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs — 2014. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014; Centers for Disease Control and Prevention. Youth Risk Behavior Surveillance — United States, 2019. California: Tobacco Use. 2019. Available at: https://nccd.cdc.gov/youthonline/app/Results.aspx?LID=CA. Accessed August 31, 2023; Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by Californian youth, 2014–2018. Addict Behav. 2020;108:106459. doi: 10.1016/j.addbeh.2020.106459. 7 21 U.S.C. § 387g(a)(1)(A).
8 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Pre- vention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf.; Villanti AC, Collins LK, Niaura RS, Gagosian SY, Abrams DB. Menthol cigarettes and the public health standard: a systematic review. BMC Public Health. 2017;17(1):983. doi: 10.1186/s12889-017-4987-z; Institute of Medicine.

Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products.

Washington, DC: The National Academies Press. 2015. Available at: t:
https://www.nap.edu/catalog/18997/public-health-im-plications-of-raising-the-minimum-age-of-legalaccess-to-tobacco-products. 9 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Pre- vention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf. 10 California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department of Public Health. 2019.

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WHEREAS, mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco11 and that these products help establish tobacco habits that can lead to long-term addiction;
12 and
WHEREAS, research indicates that the FDA ban in 2009 on all flavored cigarette products (except menthol) led to a 6% decrease in youth tobacco use and a 17% decrease in the likelihood of a youth becoming a cigarette smoker;13 and
WHEREAS, studies indicate that laws prohibiting the sale of flavored tobacco products lead to decreases in youth tobacco use;14 and
WHEREAS, in 2020, California passed SB 793, which amended the California Health and Safety Code Section 104559.5 to prohibit the sale of most types of flavored tobacco products, including flavored electronic cigarettes, non-premium flavored cigars, as wells as flavored enhancers;15 and
WHEREAS, in 2022, California voters passed Proposition 31, which upheld SB 793;16 and
WHEREAS, 75.64 percent of voters in Alameda County voted yes to uphold SB 793;17 and
WHEREAS, California Health and Safety Code Section 104559.5 still allows the sale of flavored loose-leaf pipe tobacco and premium cigars with a wholesale price of twelve dollars 11 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf. 12 Id.
13 Courtemanche CJ, Palmer MK, Pesko MF. Influence of the Flavored Cigarette Ban on Adolescent Tobacco Use. Am J Prev Med. 2017;52(5):e139-e146. doi: 10.1016/j.amepre.2016.11.019.

Farley SM, Johns M. New York City flavoured tobacco product sales ban evaluation. Tob Control. 2017;26(1):78-84. doi: 10.1136/tobaccocontrol-2015-052418; Pearlman DN, Arnold JA, Guardino GA, Boles Welsh E. Advancing Tobacco Control Through Point of Sale Policies, Providence, Rhode Island. Prev Chronic Dis. 2019;16:E129. doi: 10.5888/pcd16.180614. 15 California Health and Safety Code (HSC) Section 104559.5. 16 Statement of the Vote Summary Pages. November 8, 2022, General Election. State of California. https://elections.cdn.sos.ca.gov/sov/2022-general/sov/06-summary.pdf. 17 Official Election Site of Alameda County. General Election (Certified Final Results) – November 08, 2022. Last Updated: Thursday, December 08, 2022. https://www.acgov.org/rovresults/248/.

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($12.00 or more), as well as flavored shisha/hookah tobacco if sold in licensed stores that only allow people twenty-one (21) years of age on the premises at any time;18 and WHEREAS, the health effects of non-cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that shows that noncigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens;
19 and
WHEREAS, unlike cigarette use that has steadily declined among youth, the U.S. has seen a surge in teen e-cigarette use, and youth e-cigarette use remains a serious public health concern; 20 and
WHEREAS, research has consistently shown that increases in cigarettes prices will result in less smoking across various sociodemographic populations;21 and WHEREAS, a systematic review by the U.S. Community Preventive Services Task Force found that a 20% price increase would reduce demand for cigarettes by approximately 10.4%, the prevalence of adult tobacco use by 3.6%, and initiation of tobacco use by young people by 8.6%; 22 and
WHEREAS, youth are particularly responsive to changes in tobacco prices and evidence suggests that tobacco companies deliberately target youth with price reductions;23 and WHEREAS, although federal and state law ban the sale of individual cigarettes, neither federal nor California state laws restrict the sale of individual little cigars and cigars;24 and 18 California Health and Safety Code (HSC) Section 104559.5. 19 Hoffmann D, Hoffmann I. Chapter 3: Chemistry and Toxicology. In: Smoking and Tobacco Control Monograph No. 9: Cigars: Health Effects and Trends. National Cancer Institute; 1998. 20 Park-Lee E, Ren C, Cooper M, Cornelius M, Jamal A, Cullen KA. Tobacco Product Use Among Middle and High School Students — United States, 2022. MMWR Morb Mortal Wkly Rep 2022;71:1429– 1435. National Youth Tobacco Survey (NYTS).
https://www.cdc.gov/mmwr/volumes/71/wr/mm7145a1.htm?s_cid=mm7145a1_w. 21 Yao T, Ong MK, Max W, et al. Responsiveness to cigarette prices by different racial/ethnic groups of US adults. Tob Control. 2018;27(3):301-309. doi: 10.1136/tobaccocontrol-2016-053434. 22 Community Preventive Services Task Force. Reducing Tobacco Use and Secondhand Smoke Exposure: Interventions to Increase the Unit Price for Tobacco Products. 2012. 23 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf 24 21 C.F.R. § 1140.16(b); Cal. Penal Code § 308.3(a).

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WHEREAS, neither federal nor California law set a minimum price for tobacco products; and
WHEREAS, minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts;25 and WHEREAS, by selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to smoke;26 and
WHEREAS, the City Council of the City of Newark has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, the City Council of the City of Newark finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City of Newark in order to protect the health, safety, and welfare of its residents.

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

SECTION 1. Recitals.

The above recitals (“Recitals”) are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. Approval of the amendments 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, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

SECTION 3. Newark Municipal Code Chapter 5.42

Chapter 5.42 “Tobacco Retailers,” of the Newark Municipal Code is hereby added to read as displayed in Exhibit A, incorporated and made a part of this Ordinance.

SECTION 4. 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 25 Huang J, Chriqui JF, DeLong H, Mirza M, Diaz MC, Chaloupka FJ. Do state minimum markup/price laws work? Evidence from retail scanner data and TUS-CPS. Tob Control. 2016;25(Suppl 1):i52-i59. doi: 10.1136/tobaccocon- trol-2016-053093.
26 Hudmon KS, Fenlon CM, Corelli RL, Prokhorov AV, Schroeder SA. Tobacco sales in pharmacies:
time to quit. Tob Control. 2006;15(1):35-38. doi: 10.1136/tc.2005.012278.

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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 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 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 thirty (30) days after its adoption.

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EXHIBIT A

5.42.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
“Administrator” means the Community Development Director or designee. “Arm’s length transaction” means a sale or transfer, in good faith and for valuable consideration between two informed and willing parties, as determined by the parties, neither of which is under any compulsion to participate in the transaction. A sale or transfer for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.
“Cigar” means any roll of tobacco that is wrapped in tobacco leaf or in any other substance containing tobacco, with our without a tip or mouthpiece. “Cigar” includes but is not limited to, tobacco products known or labeled as cigar, cigarillo, little cigar, blunt, blunt wrap, or cigar wrap.
“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price. “Department” means the Community Development Department. “Drug paraphernalia” shall have the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.

Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Flavored Tobacco Product” means any tobacco product that imparts:

1. a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of tobacco, either prior to or during the consumption of such tobacco product, including but not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or

2. a heating, cooling, or numbing sensation distinguishable by an ordinary consumer during the consumption of such tobacco product.
“License” means a tobacco retailer’s license as defined below. “Licensee” means a tobacco retailer with a tobacco retailer’s license. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. “Nominal cost” means the cost of any item that is transferred from one person to another for less than the total of: (1) twenty-five percent of the full retail value of the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all taxes and fees still due on the item at the time of transfer.

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“Nonsale distribution” means to give, within the jurisdictional limits of the City, a tobacco product or coupon at no cost or at nominal cost to a person who is not a tobacco seller. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
“Public place” means any place within the City, public or private, that is open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses. “Retailer” means tobacco retailer as defined herein.
“Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. “Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. “Tobacco product” means

1. any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

2. any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange., electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco products or tobacco paraphernalia.
“Tobacco retailing” means engaging in the activities of a tobacco retailer. . “Tobacco retailer’s license” means the license issued pursuant to this chapter that authorizes tobacco retailing at a certain location and by a certain tobacco retailer.

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5.42.020 Requirements and prohibitions.

A. Tobacco Retailer License Required. It is unlawful for any person to act as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. This chapter shall not be construed to apply to penalize individuals engaged in the purchase, use, or possession of tobacco products prohibited by this Chapter that are not engaged in tobacco retailing nor shall it be construed to penalize employees of licensees under this Chapter.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, State, or Federal law applicable to the sale of tobacco products.

C. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

D. Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product to another person without first examining the identification of the recipient, as required by State law, to confirm that the recipient is at least the minimum age under State law.

E. Minimum Age for Persons Selling Tobacco. Persons employed by a tobacco retailer under this chapter that sell tobacco products must be at least the minimum legal sales age established by state law.

F. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

G. False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked:

1. Shall keep all tobacco products out of public view. The public display of tobacco products in violation of this provision shall constitute tobacco retailing without a license; and

2. Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

H. Signage Violations. It is a violation of this chapter for any licensee to violate any local, State, or Federal law regulating exterior, storefront, window, or door signage.

I. Drug Paraphernalia. It is a violation of this chapter for any licensee or any of the licensee’s agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia.

J. Nonsale Distribution of Tobacco Products Prohibited.

1. No tobacco retailer nor any agent or employee of a tobacco retailer shall engage in the nonsale distribution of any tobacco product or coupon in any public place.

2. No person, motivated by an economic or a business purpose, shall knowingly permit the nonsale distribution of any tobacco product or coupon: (a) anywhere in any public place under the legal or de facto control of the person; or (b) through any agent or employee of the person. This provision shall not apply to coupons incidentally distributed in connection with a printed or electronic publication, such as, for example, magazines, newspapers, and websites, so long as that person’s distribution of a publication containing coupons is not primarily motivated by an economic or a business purpose to distribute coupons.

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3. No tobacco retailer may honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price.

4. No tobacco retailer may sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or other item.

5. No tobacco retailer may provide any free or discounted item to a consumer in exchange for the purchase of any tobacco product.

K. Minimum Pack Size for Cigars.

1. Notwithstanding any other provision of this chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration:
a. Any single cigar, whether or not packaged for individual sale; b. Any number of cigars fewer than the number contained in the manufacturer’s original consumer packaging designed for retail sale to a consumer; or c. Any package of cigars containing fewer than five cigars. d. Cigars at a price of less than eight dollars per package of five cigars, including all applicable taxes and fees.

2. This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds five dollars, including all applicable taxes and fees. This amount may be increased annually by the Consumer Price Index, as determined by the City Council and adopted by resolution.

3. This subsection shall apply to cigars, cigarillos and any other cigar product regardless of the terminology used for the product.

L. Flavored Tobacco Products. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

1. Presumptive flavored tobacco product. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product is a flavored tobacco product. Any communication by or on behalf of the manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or odor other than the taste or odor of tobacco, or that imparts a heating, cooling, or numbing sensation, constitutes presumptive evidence that the tobacco product is a flavored tobacco product. This includes but is not limited to public statements that a product is flavored, such as describing the product as “chill,” “ice,” “fresh,” “arctic,” “sweet,” “spicy,” or “frost.”

5.42.030 Limits on eligibility for a tobacco retailer license.

A. No license shall be issued to authorize tobacco retailing at other than a fixed location.

B. No license shall be issued to authorize tobacco retailing at a location where tobacco products are prohibited from being distributed pursuant to Title 17.

C. No license shall be issued to a location or a tobacco retailer where prohibited pursuant to Section 5.42.110.

D. Proximity to other tobacco retailers or other uses. No license may issueto authorize tobacco retailing within 1000 feet of a tobacco retailer location already licensed pursuant to this chapter or a public park, a child day care facility, or school, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s Packet Page No. 197
business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located or on which a public park, a child day care facility, or school is located. This restriction does not apply to an applicant who has been selling tobacco products consistent with all Federal, State and local laws and regulations as of the effective date of this chapter.

E. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

5.42.040 Application procedure.

A. Application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer’s license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.42.110(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license;

2. The business name, address, and telephone number of the single fixed location for which a license is sought;

3. A single name and mailing address authorized by each proprietor to receive all communications and notices (the “authorized address”) required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (A)(2);

4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Department of Tax and Fee Administration;

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years;

6. A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;

7. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

B. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within ten business days of a change.

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C. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Sections 7920 et seq.) or any other applicable law, subject to the laws’ exemptions.

5.42.050 Issuance of license.

Upon the receipt of a complete application for a tobacco retailer’s license and the license fee required by this chapter, the Administrator shall issue a license, which shall be effective beginning January 1 of each year, unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter; B. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm’s length transaction and the license is issued no later than 30 days following the acquisition of the location or business; C. The application seeks authorization for tobacco retailing for a proprietor or location for which this chapter prohibits a license to be issued, including the provisions of Section 5.42.110;
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this Code or that is unlawful pursuant to any other law;
E. The location for which a tobacco retailer’s license is sought lacks a valid state tobacco retailer’s license by the California Department of Tax and Fee Administration.

5.42.060 License renewal and expiration.

A. Term and Renewal of License. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee prior to expiration of the term.

B. Expiration of License. A tobacco retailer’s license that is not timely renewed shall expire at the end of its term.

5.42.070 Licenses nontransferable.

A. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietor(s).

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

1. The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and

2. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction.

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5.42.080 License conveys a limited, conditional privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5.

5.42.090 Fee for license.

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the City Council and shall be included within the City’s Master Fee Schedule. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering this chapter, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

5.42.100 Compliance monitoring.

A. Compliance with this chapter shall be monitored by the Community Development Department. The City may designate any number of additional persons to monitor compliance with this chapter.

B. Compliance checks shall be conducted so as to allow the Police Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco products. When the Police Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

5.42.110 Suspension and revocation of license.

A. Suspension or revocation of tobacco retailer license for violation. In addition to any other penalty authorized by law, a Tobacco Retailer License shall be suspended or revoked if the Department finds or a court of competent jurisdiction determines, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any provision of this Chapter.

1. Upon a finding of a first violation of this Chapter at a location within any 5 year period, the License shall be suspended for 30 days.

2. Upon a finding of a second violation of this Chapter at a location within any 5 year period, the License shall be suspended for 90 days.

3. Upon a finding of a third violation of this Chapter at a location within any 5 year period, the License shall be suspended for 1 year.

4. Upon a finding of four or more violations of this Chapter at a location within any 5 year period, the License shall be revoked with no new license issued for a five year period.

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B. Procedures. If the licensee contacts the Administrator to challenge the finding of a violation, the Administrator shall provide written notice of a hearing, not less than five business days after the notice, at which the tobacco retailer may show cause, at a time and place specified in the notice, why a violation does not exist. Should the tobacco retailer fail to present evidence at such hearing establishing, in the reasonable determination of the Administrator, that a violation does not exist, the Administrator shall provide written notice to the tobacco retailer that the notice of violation is upheld. If a license is subject to revocation, the Administrator shall provide written notice of revocation along with the reasons for revocation, facts suggesting violation, the penalties for violation, and ability to appeal pursuant to subsection C. Within five days of the mailing of notice of revocation, the tobacco retailer shall cease the operation of the business for which the license was issued.

C. Appeal of Revocation. A decision of the Administrator to revoke a license is appealable to the City Manager and must be filed with the City Clerk within ten days of mailing of the Administrator’s notice of revocation. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection D. The date, time, and place of appeal hearings shall be provided in writing to the tobacco retailer with at least ten days’ notice and copies of hearing rules. If the tobacco retailer fails to present evidence establishing that tobacco retailer is entitled to retain the license, the City Manager shall uphold the revocation and give written notice to the tobacco retailer. Within five days of the mailing of the notice of upheld revocation, the tobacco retailer shall cease operation of the business for which the license was issued.

D. Revocation of License Wrongly Issued. A tobacco retailer’s license shall be revoked if the Administrator finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.42.050 existed at the time application was made or at any time before the license issued. The decision by the Administrator shall be the final decision of the City.

5.42.120 Enforcement.

A. Each incident of violation of this chapter is an infraction. The Department may impose administrative penalties as follows:

1. For a first violation of this Chapter within any one year period, one hundred dollars ($100);

2. For a second violation of this Chapter within any one year period, two hundred dollars ($200); and

3. For a third or subsequent violation of this Chapter within any one year period, five hundred dollars ($500).

B. Civil Enforcement by the City.

1. Fines. Violations of this chapter are subject to a civil action brought by the City of Newark, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

2. Injunctions, Nuisance Abatement, and Code Enforcement. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Where the City pursues a civil action to remedy a violation of this chapter, the prevailing party shall be entitled to recovery of attorneys fees if the City elects, at the beginning Packet Page No. 201
of that action, to seek recovery of its own attorneys’ fees pursuant to Government Code Section 38773.5 as currently drafted or as amended.

C. General Provisions.

1. Cumulative Remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

2. Violations. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. A violation exists for each day on which a tobacco product is offered for sale in violation of this chapter. A violation also exists for each individual retail tobacco product that is distributed, sold, or offered for sale in violation of this chapter.

3. Nuisances. Violations of this chapter are hereby declared to be public nuisances.

4. No Testimony for Persons Under Eighteen. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

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Item F. 1.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Strategic Initiatives Manager
SUBJECT Introductory presentation of background and non-project specific overarching considerations of the draft Parks Master Plan Update SUMMARY AND RECOMMENDATION
There are five items on this City Council meeting agenda that relate to the draft Parks Master Plan ("Plan") Update.

The first item, which is this one, involves an introductory presentation of the background and non-project specific overarching considerations of the draft Plan Update. Due to conflicts of interests for Council Members, there will be no discussion regarding any projects for consideration in the Plan on this item and instead those discussions will occur under separate items on this agenda. The three next items on the agenda will focus on three specific parks in order to address the conflicts and the fifth and final item will focus on the remaining parks where no conflicts exist.

BACKGROUND
The City of Newark manages 134 acres of parks, consisting of 124 acres owned by the City and 10 acres leased from the Newark Unified School District. The City features 14 parks, including nine neighborhood parks, three community parks, Shirley Sisk Grove, and MacGregor Community Playfields.

In 2017, the City Council approved the Citywide Parks Master Plan, which outlined various goals and conceptual plans for each park. Three priority projects were completed as a result of the 2017 Plan: NewBark Dog Park at Newark Community Park, and an all-weather athletic turf field and a skate park at Mel Nunes Sportsfield Park.

It is recommended Parks Master Plans be revisited every five to seven years to remain aligned with community needs and current trends. To facilitate this update, the City Council authorized an agreement with RHAA Landscape Architecture and Planning in May 2023.

The 2024 Plan Update builds on the 2017 Parks Master Plan and is guided by the following goals from the Parks, Recreation, and Open Space Element of the City’s Packet Page No. 203
following goals from the Parks, Recreation, and Open Space Element of the City’s General Plan:

Protect Newark’s open space for a variety of purposes, including public recreation, the managed production of natural resources, protection of environmentally sensitive areas, aesthetics, and public safety.

Expand and improve Newark’s parks and recreational facilities to meet existing and future needs.

Manage Newark’s parks in a way that enhances their natural qualities, conveys a positive image of the city and its neighborhoods, and fully meets the community’s recreational needs.

Improve Newark’s trail system, with a focus on access to the Newark shoreline, and access between the shoreline and Newark neighborhoods.

The aforementioned goals from the Parks, Recreation, and Open Space Element of the City’s General Plan inform the Master Plan’s overarching goals to:

Protect and support the existing network
Accommodate demands in service
Enhance community identity
Foster connectivity

DISCUSSION/ANALYSIS
The 2024 Parks Master Plan Update is a vital tool that identifies community needs, prioritizes projects, and strategically recommends developing parks to serve the Newark community. The development process involved extensive input from city staff, the Newark community, and recommendations from the consulting team.

Key Actions and Findings:

Park Inventory and Needs Assessment: The 2017 Parks Master Plan included detailed assessments of each City park. Overall, the condition of the parks has not changed significantly since the 2017 assessment, allowing the consultant to utilize and update the previous assessments. In March 2024, a certified playground inspector conducted a playground audit that revealed the declining condition of the playgrounds.

Community Outreach: To ensure the Plan accurately reflects the needs of the Newark community, an extensive engagement process was undertaken, including an online survey (470 responses), stakeholder interviews (six topic areas), and community outreach events (three workshops with hundreds of participants). Feedback indicated a preference for improving existing amenities rather than introducing new ones.

Key priorities identified during this process include:

Improved lighting at sports fields and along pathways
Enhanced path maintenance
Playground improvements
Field maintenance
Proposed new elements include:

Additional restrooms
Packet Page No. 204
Additional restrooms
An all-abilities playground
Expanded trails and pathways
Dedicated softball fields
Park furniture (bike racks, benches and picnic areas, trash bins) Analysis, Project Refinement, and Priorities: With the significant information collected, the consultant has updated site-specific recommendations regarding the needs of each park. These recommendations assess the existing park network alongside community needs to identify gaps and propose systematic solutions.

Park projects will need to be prioritized. To guide the decision-making process, the consultant has developed priority recommendations that reflect both community needs and the consultant's professional analysis based on safety and the condition of park features.

The consultant will present an overview of the Plan’s development process.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Strategic Initiatives Manager 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
2024 DRAFT Parks Master Plan Update
Presentation Parks Master Plan
Packet Page No. 205
DRAFT Newark Citywide Parks Master Plan
DRAFT OCTOBER, 2024
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2 Packet Page No. 207
3 DRAFT Acknowledgements

NEWARK CITY COUNCIL
Mayor Michael Hannon
Luis L. Freitas
Maria Collazo
Matthew Jorgens
Ana M. Apodaca

CITY STAFF
David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Nicholas Cuevas, Director of Recreation and Community Services Roya Gonzalez, Senior Management Analyst
Prepared by:

CONSULTANT TEAM
Royston, Hanamoto, Alley and Abey, Landscape Architects Barbara Lundburg, Urmila Venkat, Quinn Uesugi
Ballard King & Associates LTD
Darin J. Barr
Economic & Planning Systems, Inc. (EPS)
Teifion Rice-Evans
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5 DRAFT Table of Contents
CHAPTER 1: Executive summary ........................................................................9

1.1 PURPOSE

1.2 SCOPE
CHAPTER 2: Introduction................................................................................15

2.1 INTRODUCTION

2.2 PLANNING PROCESS

2.3 REVIEW OF EXISTING AND FUTURE PLANNING EFFORTS
CHAPTER 3: Existing Framework...................................................................23

3.1 PARK AMENITIES OVERVIEW

3.2 DEMOGRAPHIC PROFILE

3.3 RECREATIONAL TRENDS
CHAPTER 4: Needs Assessment........................................................................35

4.1 DEMAND

4.2 SUPPLY

4.3 FILLING THE GAP
CHAPTER 5: Plan...................................................................................................45

5.1 VISION FRAMEWORK

5.2 OVERARCHING GOALS

5.3 ASSET INVENTORY AND SPECIFIC SITE RECOMMENDATIONS
CHAPTER 6: Implementation..........................................................................109

6.1 PROPOSED PROJECTS

6.2 PRIORITIZATION PROCESS

6.3 PRIORITY PROJECTS

6.4 FINANCIAL ANALYSIS AND MANAGEMENT

6.5 CAPITAL PROJECT FUNDING
CHAPTER 7: Appendix........................................................................................137 A. DOCUMENT REVIEW
B. PARK SYSTEM INVENTORY AND ASSESSMENT
C. DEMOGRAPHIC AND RECREATIONAL TRENDS
D. COMMUNITY WORKSHOPS, NOTES, AND SUMMARY
E. OPINION OF PROBABLE COST
F. PROJECTS BY PRIORITY
G. PLAYGROUND SAFETY AUDIT
Figure 1 – Gap Analysis................................................................................................35 Figure 2 – Birch Grove Park ........................................................................................48 Figure 3 – Byington Park.............................................................................................52 Figure 4 – Cedar Boulevard Linear Park 1 .................................................................54 Figure 5 – Cedar Boulevard Linear Park 2 .................................................................56 Figure 6 – Cedar Boulevard Linear Park 3 .................................................................57 Figure 7 – Cedar Boulevard Linear Park 4 .................................................................58 Figure 8 – Civic Center Park ........................................................................................60 Figure 9 – Grand Park ..................................................................................................64 Figure 10 – Jerry Raber Ash Street Park ....................................................................66 Figure 11 – Lakeshore Park 1 ......................................................................................70 Figure 12 – Lakeshore Park 2 ......................................................................................72 Figure 13 – Lakeshore Park 3 ......................................................................................73 Figure 14 – Lakeshore Park 4 ......................................................................................73 Figure 15 – MacGregor................................................................................................76 Figure 16 – Mayhews Landing Park ...........................................................................80 Figure 17 – Mirabeau Park ..........................................................................................82 Figure 18 – Musick Park ..............................................................................................86 Figure 19 – Newark Community Park ........................................................................88 Figure 20 – Sanctuary Park .........................................................................................92 Figure 21 – Shirley Sisk Grove ....................................................................................94 Figure 22 – Sportsfield Park 1.....................................................................................98 Figure 23 – Sportsfield Park 2....................................................................................100 Figure 24 – Susan Johnson Bridgepointe Park ........................................................102

CHAPTERS FIGURES
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Table 1 – Newark Public Parks .................................................................................................. 23 Table 2 – 2020, 2023, and 2028 Race and Ethnicity Estimates .............................................. 26 Table 3 – Estimated Maintenance Costs ................................................................................. 109 Table 4 – Models Potential Annual Revenue Based on the Strategies Mentioned ............ 113 Table 5 – LEAF Membership Prices.......................................................................................... 117 Table 6 – Union City Community Garden Membership Price............................................... 117 Table 7 – Operating Cost Model (Assumes 1 acre, or 43,560 sf) ......................................... 119 Table 8 – Revenue Potential from User Fees of Grass Turf Fields ........................................ 119 Table 9 – Rental Rate Comparisons for Grass Turf Fields ..................................................... 120 Table 10 – Annual Maintenance Cost...................................................................................... 121 Table 11 – Fremont Central Park Group Picnic Reservation Fees, by Reservable Area ..... 122 Table 12 – Selection of Union City Picnic Reservation Fees by Park and Site .................... 122 Table 13 – Proposed Newark Park Reservation Fee Structure ............................................. 122 Table 14 – Projected Revenue Estimate .................................................................................. 123 Table 15 – Projects Funded by Parks Impact Fees ................................................................. 130 Table 16 – FY 2024 Parks Impact Fees..................................................................................... 131 Table 17 – Projects Funded by Parks Impact Fees ................................................................. 131 TABLES
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EXECUTIVE SUMMARY
1 2 3 4 5 6 7
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SECTIONS

1.1 Purpose

1.2 Scope

1.1 PURPOSE
Newark’s Citywide Parks Master Plan Update provides a strategic framework for the future development and provision of parks across the city. Building on the foundation of the 2017 Citywide Parks Master Plan, this update re-evaluates prior recommendations considering current needs, community preferences, and existing conditions. The Master Plan Update identifies recreational needs, explores opportunities to enhance the existing parks network, and assesses the feasibility of introducing new amenities. It also includes a thorough evaluation of the city’s current infrastructure, conducts a recreation needs assessment, and establishes a plan for implementing priority projects.

1.2 SCOPE
The scope of the Newark’s Citywide Parks Master Plan Update includes an inventory and needs assessment, community outreach, analysis of potential project expansions, and priority setting. The Consultant team worked closely with city staff, and the community, to understand the demand for and viability of recreation projects in the city’s park system.

INVENTORY AND NEEDS ASSESSMENT
The inventory and needs assessment of the Master Plan Update profiles the city’s existing framework that shapes and informs the demand for recreation services. This element assesses the city’s existing park facilities, understands past and present planning effort, analyzes the community’s demographic and recreational profile, and from this, generates an assessment of need that highlights where community demand is not met by the city’s supply of recreational services.

COMMUNITY OUTREACH
Community outreach was an integral part of the planning process, ensuring that user input was collected and incorporated into the Master Plan Update. Three public workshops were held to gather community feedback, and the Consultant team collaborated closely with city staff throughout the development of the plan. Additionally, the Update leverages data from the extensive outreach efforts conducted during the city’s 2017 Master Plan, further informing its recommendations.

POTENTIAL EXPANSION ANALYSIS AND PROJECT REFINEMENT
Prior to the creation of the Master Plan Update, the City of Newark had already identified several recreation facilities that were highly desired by the community through previous planning efforts. However, these projects exceeded the city’s short- and medium-term financial capacity, necessitating a thorough needs assessment and prioritization process.

In collaboration with city staff, the Consultant worked to evaluate, refine, and prioritize the city’s vision for its park system. This process led to the development of schematic master plans for both existing parks and those planned for future development, aligning the city’s park infrastructure with its ongoing growth.

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PRIORITY SETTING
To establish priorities for the city’s park system enhancements, the Citywide Park Master Plan Update is guided by the Parks, Recreation, and Open Space Element of the city’s General Plan, as well as input collected through working with city staff and the community. The goals from the Parks, Recreation, and Open Space Element of the General Plan that guide this Master Plan include:

Goal PR-1: Protect Newark’s open space for a variety of purposes, including public recreation, the managed production of natural resources, protection of environmentally sensitive areas, aesthetics, and public safety.

Goal PR-2: Expand and improve Newark’s parks and recreational facilities to meet existing and future needs.

Goal PR-3: Manage Newark’s parks in a way that enhances their natural qualities, conveys a positive image of the city and its neighborhoods, and fully meets the community’s recreational needs.

Goal PR-5: Improve Newark’s trail system, with a focus on access to the Newark shoreline, and access between the shoreline and Newark neighborhoods.

These inform the Master Plan’s overarching goals to:
• Protect and support the existing network
• Accommodate demands in service
• Enhance community identity
• Foster connectivity
Combined with a detailed financial analysis of potential park site projects, the overarching goals support the selection of priority projects that, in assessment, will serve the community’s existing and future recreational needs.

PRIORITY PROJECTS
Prior to this update, the City of Newark identified several key recreation projects that were strongly supported by the community. Both the 2017 Citywide Parks Master Plan and the 2013 General Plan emphasized the need for a skate and bike park, multi-purpose all-weather turf fields at Sportsfield Park, and a dog park for public use. Since then, these facilities have been successfully completed.

Drawing from community feedback gathered through outreach events, digital surveys, and stakeholder interviews, the focus of the Master Plan Update has shifted towards upgrading and maintaining existing park amenities and infrastructure, rather than developing new, individual park projects.

With this updated assessment of community needs, the Master Plan Update now prioritizes the following key areas:
• Children’s Play Areas
• Restroom Facilities – Renovation or new installations. • Maintenance and Play Fields – Enhancements to existing fields and facilities.
• Trails and Pathways – Improvements to connectivity and accessibility across the parks system.

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INTRODUCTION
1 2 3 4 5 6 7
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SECTIONS

2.1 Introduction

2.2 Planning Process

2.3 Review of Existing and Future Planning Efforts

2.1 INTRODUCTION
In 2017 a Citywide Parks Master Plan was completed and approved by the Newark City Council. Priority recommendations from the 2017 Master Plan were implemented by the City of Newark including a new dog park at Newark Community Park, and a skate park and all-weather artificial turf sports fields at Sportsfield Park. From the time of adoption, the city demographics along with additional residential development, warranted the need for an update of the Master Plan. A new planning process was initiated to explore the change in demographics, new community interest in recreation, and additional opportunities for new park amenities. The Citywide Parks Master Plan Update is the product of the collaboration of the Consultant team, city staff and the Newark community.

The City of Newark is located along the southwest edge of the San Francisco Bay, surrounded by the City of Fremont within Alameda County. Incorporated in 1955, the city is one of the tri-cities along with Union City and Fremont. The proximity of Newark to Silicon Valley, and impending planning development for urban growth, make Newark an active cultural and economic center in the Bay Area. The city currently has 131 acres of developed parks, with 50% of the city’s open space, nearly 4,500 acres, consisting of undeveloped or non-urbanized land. In addition to Newark’s existing open space network, the community has access to Coyote Hills Regional Park and the Ardenwood Historic Farm for valuable outdoor recreation. As Newark is a landlocked city with limited opportunities to develop new parks, both Parks Master Plans serve as an important tool to make better use of Newark’s existing parks and explore new amenities within them.

2.2 PLANNING PROCESS
Newark’s Citywide Parks Master Plan Update incorporates the input of city staff, local community, and Consultant team recommendations, while building on the city’s existing General Plan. The following process elements were critical to developing a concise and community-oriented Master Plan tailored to meet city needs.

STAKEHOLDER INTERVIEWS
A series of stakeholder interviews were conducted by the Consultant team for the Master Plan Update. The stakeholder interviews included the members interested in pickleball, cricket groups, men’s and women’s softball and baseball groups, Urban Forest and Friends, and the Deaf Plus Adult Community representative. These interviews offered the opportunity for key stakeholders’ groups to provide focused input and perspective on issues related to Newark’s park and recreation system.

Groups interviewed include:

Pickleball
• Community members that are Pickleball enthusiasts
Cricket
• ASCE (American School Of Cricket Excellence).
• VK Cricket Academy
• Tricity Performance Club Newark
• Blazers Cricket Academy
• Strikers Academy
• CritBay
Soccer
• Newark Soccer Club
• Northern California Chinese Soccer Federation
• SVIDEA
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Baseball and Softball
• Little League
• National Championship Sports/All world Sports
• Newark Girls Softball
Other
• Urban Forest and Friends
• Deaf Plus Adult Community

COMMUNITY WORKSHOPS
Three community workshops were held late Fall 2023 and Winter of 2024 to present the planning process and goals for the Master Plan Update and to collect feedback and community needs Community Workshop #1 was held on September 11, 2023, at the Newark Days Celebration in Newark Community Park. The community gave input on their desire for various recreation amenities for both adults and children. The second community workshop was held January 9, 2024, at the Newark Library’s Community Room. The consultant team introduced the planning process, presented the results of the community survey and described the gap between the amenities and recreation desired by the community and those currently offered. A third community workshop held February 27, 2024, was a prioritization exercise where attendees voted for their desired amenities or activities with “Newark Bucks”. Each attendee was given $500 Newark Dollars or “Newark Bucks” (fake dollars) to place at the image of their most desired amenity or activity. Notices regarding community workshops and updates to the planning process were posted regularly to the city website and Facebook page.

STAFF ENGAGEMENT
Newark’s city staff provided clear guidance in the development of the Master Plan Update, setting concise goals for the direction of the planning process. Prior to the development of the Citywide Parks Master Plan Update, city staff had worked closely with community voices to develop the City of Newark General Plan (2013), the City of Newark Pedestrian and Bicycle Master Plan (2017), and the Citywide Parks Master Plan 2017. In working with city staff, the Consultant helped to assess, refine, and prioritize Newark’s vision.

2.3 REVIEW OF EXISTING AND FUTURE PLANNING

EFFORTS
Recent and ongoing planning efforts by the city provide direction for the creation of the Citywide Parks Master Plan Update and emphasize support for protection and enhancement of Newark’s park network. A review of Newark’s existing and future planning efforts was completed as part of the Master Plan to ensure that Plan recommendations support and build upon existing work. For additional information on the city’s existing and future planning efforts, reviewed in the Master Plan, see Appendix A (Document Review).

CITY OF NEWARK GENERAL PLAN, 2013
The City of Newark General Plan is Newark’s comprehensive planning document created to guide the city’s impending growth and development while preserving and enhancing its existing character. To formalize the future of Newark’s existing park system, the city’s General Plan calls for the creation of the Citywide Parks Master Plan to prioritize funds for future park and recreation projects and to create a systematic foundation for the future of Newark’s open spaces.

Throughout the General Plan, planning elements support the protection and enhancement of the city’s park network through various goals, policies, and actions.

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CITY OF NEWARK PEDESTRIAN AND BICYCLE MASTER PLAN, 2017 The City of Newark Pedestrian and Bicycle Master Plan is Newark’s first bike and pedestrian transportation plan, outlining long-range pedestrian and bicycle improvement projects for the city. The Plan’s proposed projects provide access to the Bay Area waterfront, local parks and trails, and regional open spaces for recreation. In relation to Newark’s Citywide Parks Master Plan, the Pedestrian and Bicycle Master Plan delineates the importance of pedestrian-scale connectivity to the city’s park and open space resources as an important component of network circulation.

CITY OF NEWARK GREATER NEWPARK MASTERPLAN, 2015
Newark’s Newpark Mall is a regional-serving shopping center set aside for major enhancements in the near future, guided by the work defined in the City of Newark Greater Newpark Master Plan. Along with the Dumbarton Transit Oriented Development Specific Plan and the Southwest Newark Residential and Recreational Project, the Greater Newpark Project is one of three sites in the city envisioned for new residential, workplace, and open space development. The Greater Newpark Masterplan prioritizes the reorientation of the Shirley Sisk Grove, a public open space parcel within the project boundary, to support the creation of a vibrant commercial center.

DUMBARTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN, 2010 The Dumbarton Transit Oriented Development (TOD) project consists of approximately 200 acres of industrial land on the west side of Newark.

The railroad right-of-way on the northern edge of the project has been selected as the alignment for a potential new transit line to link southern Alameda County with the Peninsula, creating an opportunity to capitalize on public investment through adjacent development with high-density, residential, retail, and office uses and enhanced pedestrian circulation. The Specific Plan prioritizes the city’s park network through the designation of park areas to be created in accordance with the development, providing collaboration opportunity for the Citywide Parks Master Plan.

SOUTHWEST NEWARK RESIDENTIAL AND RECREATIONAL PROJECT,
2009
In the Newark California General Plan, the city identifies several Focus Areas where major land use change is anticipated. The Southwest Newark Residential and Recreational Project, formerly identified as Area 3 and 4 of the General Plan, is an identified Focus Area for which a Specific Plan was created: the Newark Specific Plan: Area 3 & 4 of the General Plan. The Specific Plan defines parameters for the transition of this undeveloped area into a low-density residential development of up to 1,260 housing units, with a major recreational facility and the dedication of conservation open space on some of the low-lying land south of the railroad tracks. In relation to Newark’s Citywide Parks Master Plan, the Southwest Newark Residential and Recreational Project provides opportunity to expand the city’s public open space.

JOINT USE AGREEMENT
The city has shared joint use of Macgregor Playfields with the Newark Unified School District since 1987. Under the joint use agreement, the city constructed the playfields, parking lot, and structures, and performs ongoing maintenance, while the School District pays for the site’s irrigation. The city’s joint use of fields provides an opportunity to efficiently meet Newark’s open space and recreation needs.

FMC WILLOW AND GRAND PARK PLAN, 2022
The FMC Willow and Grand Park project makes updates to a previously proposed plan that would create a mixed-use development with a 5-acre Grand Park and a future transit station. Located at the northwest corner of Willow Street and Enterprise Drive, the project builds off the Bayside at Newark TOD master planned community. The plan update provides new building and park design.

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The project breaks the site down into 3 housing development areas, the future transit station, and Grand Park. The overall design for Grand Park takes into consideration the connection to existing retail, housing, transit, and the Bayside trail. As the park is designed to include a variety of different activity spaces, it creates an accessible park for all ages.

In relation to Newark’s Citywide Parks Master Plan Update, the proposed development and park provides an opportunity to create an outdoor space for the community by referencing the Citywide Parks Master Plan Update to understand the city’s needs.

CITY OF NEWARK, 2023-2024 HOUSING ELEMENT, HDC DRAFT REVISED AUGUST 7, 2023
The City of Newark 2023-2031 Housing Element HDC Review Draft outlines housing opportunities throughout the city to meet exiting and projected housing needs for all economic levels. Created in response to the California law requiring local governments to adopt a long-range general plan for future Housing Element needs, this draft provides an assessment, trend reports, references to current city plans and provides future development areas. The draft states clear goals needed to meet the City of Newark existing and future housing needs.

By referencing 2021 Bayside Newark Specific Plan, 2021 Old Town Specific Plan, and the 2018 NewPark Place Specific Plan the HDC Review Draft begins to layout potential areas for development. The largest area for potential development is the Bayside Network. This would provide 200 acres for a walkable neighborhood which includes various housing types, open space, and access to the future Dumbarton rail line. The plan reviews access and current networks of pedestrian, bicycle, and public transportation in relation to housing areas. Although the City of Newark has a relatively low unhoused population compared to the largest Alameda County, it has the highest perfect of people seeking housing services. The unhoused mainly reside in the Mirabaeu and Mayhews Landing areas where there is more open space.

The Citywide Parks Master Plan Update will consider the locations of future developments in proximity to the city’s parks and how the proposed circulation is affected. The plan will also take into consideration the assessment of the parks which hold the unhoused.

OLD TOWN NEWARK SPECIFIC PLAN, SEPTEMBER 23, 2021
The Old Town Newark Specific Plan proposes a redesign to revitalize the 76-acre area. Originally designed in 1878, Old Town was a thriving downtown area for the middle-class community. Since the incorporation of Newark in 1955, Old Town Newark has slowly become an underused street for through traffic. Currently Old Town Newark has no identifiable identity. The proposed plan aims to bring back a sense of place and community to the neighborhood.

In the last 30 years there have been multiple plans to revitalize Old Town Newark. The current Specific Plan builds off the efforts of these past plans and introduces new concepts that align with current trends and feasibilities. A key area identified to initiate change is Thornton Ave. Thornton Ave is the main corridor in Old Town and provides a connection to Dumbarton Bridge and Silicon Valley. Through major street improvements the downtown area will promote healthy living, reduce traffic congestion, and connect community to open spaces. The plan also adopts the City of Newark Pedestrian and Bicycle Master Plan. The plan highlights the importance of having a pedestrian friendly corridor that aids in connecting the overall community to active open spaces.

The Citywide Parks Master Plan Update will consider all improvements identified in the Old Town Newark Specific Plan in the review process to ensure connectivity between City’s parks and Old Town Newark.

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CITY OF NEWARK NEWPARK PLACE SPECIFIC PLAN, PROPOSED
AMENDMENTS, JUNE 2021 PLANNING COMMISSION DRAFT
The City of Newark NewPark Place Specific Plan 2021 is an amended document to the previous plan proposed in 2018. The plan aims to be used as a tool for development implementation by using the 2013 City of Newark General Plan and the 2015 Greater NewPark Masterplan as a reference for building, policy, and design criteria. NewPark Mall is a 125- acre area which includes approximately 90 stores and the 2-acre Shirley Sisk Grove Park. Under new ownership, NewPark Place has resubmitted plans that make updates to residential, retail, circulation, open space and block layout in response to the changing needs and priorities of the community. The following are goals laid out in the Specific Plan:

The Citywide Parks Master Plan Update will create recommendations for Shirley Sisk Grove Park that asses the future development and wider community needs. It will consider its private/public partnership and how that can create more opportunities for recreational programming.

PLAYGROUND SAFETY AUDIT, MARCH 2024
A certified playground safety inspection and audit of Newark’s playgrounds was conducted by a certified playground inspector with Sedgwick Risk Control on March 19 and 20, 2024. The following parks with playgrounds were inspected:
• Birch Grove Park
• Byington Park
• Civic Center Park
• Newark Community Center Park
• Jerry Raber Ash Street Park
• Mayhews Landing Park
• Mirabeau Park
• Musick Park
• Silliman Preschool Playground
• Susan Johnson Bridgepointe Park
The conditions of the playgrounds observed were measured against the standards established by the American Society for Testing Materials Standard F1487-21 and the guidelines established by the Consumer Product Safety Commission handbook for Public Playground Safety, Publication #325 (2015).

EXISTING FRAMEWORK
1 2 3 4 5 6 7
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SECTIONS

3.1 Park Amenities Overview

3.2 Demographic Profile

3.3 Recreational Trends
This portion of the Master Plan Update outlines the existing facility framework and city conditions that inform the Update, including an overview of the city’s park and recreation assets, the community’s demographic profile, and current and emerging trends in recreational planning that impact the Master Plan’s recommendations.

3.1 PARK AMENITIES OVERVIEW

EXISTING PARK NETWORK
The City of Newark applies two types of standards in park planning.

The first standard is the city’s adopted planning requirement of 3 acres of parkland per 1,000 residents in the application of the Quimby Act, which establishes a standard for land set aside by current and future developers. In California, dedication requirements under the Quimby Act may range between 3 acres per 1,000 residents to 5 acres per 1,000 residents, dependent on a city’s existing supply of parkland.

As outlined in best practices from urban planning, local government policies, and national guidelines, the second standard of park planning involves the creation and enforcement of service area standards. In the City of Newark, these standards categorize parks into neighborhood parks, community parks, and special use parks.

Neighborhood parks are defined as resident-serving spaces, typically ranging from 5 to 10 acres, and are accessible within a half-mile radius.

These parks often feature lawns, playgrounds, and small recreational facilities such as basketball courts. Community parks, which range from 15 to 20 acres, serve a broader area, providing amenities to residents within a 1- to 2-mile radius. These parks typically offer off-street parking, larger recreational facilities, and are accessible by public transit. Special use parks are not defined by size or service area but are distinguished by the unique function or facility they provide to the city.

The Newark Recreation and Community Services Department operates 13 acres of city parks and several recreation facilities. 124 acres of this parkland is city-owned, with an additional 10 acres leased at MacGregor Play Fields through the Newark Unified School District. The City of Newark maintains 14 parks in total: 9 neighborhood parks, 3 community parks, and the 2 special use parks Shirley Sisk Grove and MacGregor Play Fields. Based on the 2020 census, the city maintains 3.19 acres of parkland per 1,000 residents, inclusive of MacGregor Play Fields due to long term joint use.

In recreation facilities, the city owns and operates the Silliman Activity and Family Aquatic Center, the Clark W. Redeker Newark Senior Center, and the Newark Community Center (not programmed, but available for community events and rentals). Table 1 lists the city’s parks, per service area classification, several of the facilities offered, and their location.

Table 1 – Newark Public Parks
Park Acres Facilities Location
Neighborhood Parks
Byington Park 3 Play structures, picnic
facilities, water feature
Central Avenue at
Byington Drive
Civic Center Park 5
Play structures, basketball
court, pathways, picnic
facilities
Civic Terrace Avenue at
Newark Boulevard
Jerry Raber Ash Street
Park 6
Play structures, softball
fields, basketball court,
picnic facilities
Enterprise Drive at Filbert
Street
Lakeshore Park 26
26-acre total includes 10
acres of lawn, paths, and
par course area and a
16-acre water area with
fishing and boating
Lake Boulevard at
Parkshore Drive
Mayhews Landing Park 8 Play structures, basketball
court, picnic facilities
Cherry Street at
Montcalm Avenue
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Mirabeau Park 6 Play structures, paths,
picnic facilities
Haley Street at Mirabeau
Drive
Musick Park 1 Play structures, picnic
facilities
Musick Avenue at Cedar
Boulevard
Sanctuary Park 3 Dragonfly St and Sea
Turtle Ave
Susan Johnson
Bridgepointe Park 4 Play structures, picnic facilities
Spruce Street at
Bridgepointe Drive
Community Parks
Birch Grove Park 15
Play structures, water
feature, lit softball field,
basketball court, tennis
courts, picnic facilities,
restrooms
Birch Street at Robertson
Avenue
Newark Community
Park 16
Play structures, warmup wall, basketball
and handball court,
lawn, paths, tennis
courts, picnic facilities,
Community Center
Cedar Boulevard at
Chapman Drive
Sportsfield Park 20
Lighted and non-lighted
softball field, soccer
fields, skate park, George
Silliman Community
Activity Center
Mowry Boulevard at
Cherry Street
Special Use Parks
Shirley Sisk Grove 2 Passive open space for
summer concerts
Cedar Boulevard at
North Magazine
MacGregor Play Fields 11 Soccer and baseball
practice and game fields
Cedar Boulevard at Lake
Boulevard

ISSUES AND OPPORTUNITIES
A full inventory of the city’s parks was completed through the original Master Plan process. Over several tours during April and May 2016 each city-owned, or programmed, park was visited with the assistance of city staff and members of the Consultant team. During late Fall of 2023 for the Master Plan Update, the consultant team had staff on-site to engage the park staff and city leadership. The staff were passionate about the park system as a cherished asset to the community. They were also very engaged about opportunities to modernize their operation in terms of a formal park maintenance plan and incorporation of more technology.

Staffing levels were a focused topic of discussion with both staff and the consulting team. The consultant team also visited and assessed the new Sanctuary Park with city staff. Parks were inventoried to assess how each asset currently serves the community and where they hold potential to expand and improve upon recreational opportunities. This assessment aids in determining the level of recreational need currently being met while identifying those recreational wants that are lacking or not being served in the City of Newark. The following information was collected for each park:
• Location: Intersection
• Size: Park acreage
• Use: Serving neighborhood, community, or special use
• Current condition: Description of current conditions
• Facilities and amenities: List of facilities and amenities provided • Recreation provided: City-supported recreation provided • Accessibility: General assessment of ease of access for all users • Constraints: Features that compromise the site’s full potential • Opportunities: Preliminary ideas regarding opportunities to expand or enhance the site’s recreation
In inventorying the city’s existing park network, several issues and opportunities were identified that apply universally across the Newark park system. These issues include accessibility, maintenance, quality of structures and facilities, and a general need for site activation.

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Accessibility
Throughout the park system compliance with standards of accessibility can be enhanced, especially in the city’s playground design. To improve accessibility, while decreasing maintenance requirements, the Master Plan recommendations consider replacing engineered wood fibar (“tanbark”) with resilient rubber matting surfaces. The short-term cost of rubber matting may be desirable compared to the long-term maintenance cost of wood fibar. In lieu of replacing existing fibar, the city should ensure that accessible ramps lead into each play area.

In playground accessibility, the Master Plan also considers providing universal play equipment and transfer stations, which allow users to access elevated play structures without use of a wheelchair or mobility tool. Play structures should encourage interactive play for children of all abilities and installing universal play equipment, such as spinners and saucer swings, can provide recreation options to a diversity of users. The Master Plan did not conduct a formal accessibility study.

Maintenance
In the inventory of Newark’s parks, overall park facility maintenance is challenging. As is common in public open space, graffiti, vandalism and litter are unwanted companions to many of the city’s open space assets. To enhance community pride and investment in the daily upkeep of shared green space, the current Master Plan Update continues to reinforce the importance park maintenance.

Quality of Structures and Facilities
Newark’s park system incorporates a variety of essential recreation elements such as playgrounds, picnic tables, walking paths, and lighting.

Though these elements support the existing parks, many are aged and require an update or replacement.

Newark’s playgrounds and play structures can attract a wider range of users through updated design and program. Thematic design, nature play, and the addition of interactive elements create a varied and creative experience for young users. When replacing playground equipment, Newark may consider combining tot and school age play into one allinclusive playground.

Picnic and seating options also provide opportunity for improvement and social interaction. The Master Plan Update considers replacing or enhancing these existing structures to continue accommodating community members for current and future enjoyment. Focusing on variety in aesthetic character, while improving functionality through additional shade structures, is recommended.

The majority of Newark’s parks maintain asphalt walking paths that are frequently in use. As popular modes of pedestrian circulation, the Master Plan Update considers continuation of the park pathway replacement program, which need regular resurfacing, with concrete paths which require less long-term maintenance. The provision of all-weather pathways along park perimeters to further support walking and jogging in the community, is also in consideration. Improved, or added, lighting through park paths will also improve user experience. Night-time visibility for security and safety was identified as a community priority and henceforth has been recommended in the Master Plan Update.

Activation
Though Newark has a variety of open space assets, this inventory and assessment finds that the majority of the city’s parks are underutilized.

The master planning process prioritizes activating use through programming considerations and supporting alternate recreation uses through the creation of unique special use facilities within parks, such as a bike skills track, where opportunity exists.

To see additional, detailed information on the park system inventory, Packet Page No.
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PARKS IN PLANNED DEVELOPMENTS
Beyond the city’s existing park network, the Master Plan Update incorporates the planned development of two additional parks within the Newark park system: Grand Park and Sanctuary Park.

The FMC Willow and Grand Park project revises a previously proposed plan, introducing a mixed-use development featuring a 5-acre Grand Park and a future transit station. Located at the northwest corner of Willow Street and Enterprise Drive, this project builds on the existing Bayside at Newark TOD master-planned community. The updated plan includes new building designs and a reimagined park layout.

The site is divided into three distinct housing development areas, a future transit station, and Grand Park. The park’s design thoughtfully integrates connections to existing retail, residential areas, transit infrastructure, and the Bayside Trail, creating a well-connected space for the community.

With a variety of activity spaces catering to all age groups, Grand Park is designed to be an accessible and dynamic community hub. This park is an independently funded project, with design and construction costs covered by a private development team.

Sanctuary Park is a 3-acre neighborhood park that has been constructed as part of the Sanctuary Village housing development. Designed to serve the Sanctuary Village neighborhood, this park will provide a vital recreational space for the local community. Located between Sea Turtle Avenue and Brush Rabbit Avenue along Dragonfly Street, the park plans include parcel grading, drainage improvements, and the installation of irrigation systems for turf fields. The park will also feature new tree plantings and understory landscaping to enhance the open space infrastructure.

Sanctuary Park’s open fields are designed to accommodate multi-use play areas, offering a valuable recreational asset to both the Sanctuary Village neighborhood and the broader Newark Parks and Recreation system.

3.2 DEMOGRAPHIC PROFILE
To understand the community, a demographic profile was created using Environmental Systems Research Institute (ESRI) utilizing 2020 Census data and their demographers for 2023-2028 projections. In addition to demographics, ESRI also provides data on housing, recreation, and entertainment spending and adult participation in activities.

The demographic profile supplies information on who comprises the Newark community, informing the recommendations of the Master Plan Update.

POPULATION PROJECTIONS AND DENSITY
The City of Newark is a diverse and dense, urban enclave with dramatic population growth expected within the next two decades. Newark grew rapidly during the 1960s and 70s, and steadily increased in population at a rate ranging between 12% and 18% through the year 2000. Between 2000 and 2010, however, the City’s growth stalled with only a 0.2% rise in population. From 2010 to 2020 Census, the city returned to moderate growth of 11.6% by expanding from a reported 42,573 to 47,529 persons.

See Table 2 for the city’s race and ethnicity estimates.

Table 2 – 2020, 2023, and 2028 Race and Ethnicity Estimates Estimates 2010 % 2023 % 2028 %
Total Population 47,592 48,855 48,479
Hispanic or Latino 14,360 30.0% 14,712 30.1% 14,815 31.0% White Alone 10,762 23.0% 10,065 20.6% 8,791 18.0%
Black Alone 1,584 3.0% 1,625 3.3% 1,508 3.0%
American Indian Alone 560 1.0% 569 1.2% 553 1.0%
Asian Alone 19,801 42.0% 21,470 44.0% 22,417 46.0%
Pacific Islander Alone 693 1.0% 690 1.4% 652 1.0%
Some Other Race Alone 8,317 18.0% 8,542 17.5% 8,754 18.0% Two or More Races 5,812 12.0% 5,894 12.1% 5,804 12.0%
Totals 100% 100% 100%
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Though the city is expected to grow another 2.0% to 48,479, between 2020 and 2028, high demand for housing and action taken by the city to support its development is projected to significantly increase the city’s population over the next two decades, exceeding both Nielsen and ABAG projections. The city’s 2013 General Plan supports a substantial increase in residential development. While ABAG projects a Newark population of 57,000 residents by the year 2040, the city’s General Plan projects a 46% increase in housing units, due to multiple development and housing projects approved by the city, increasing the population to an estimated 60,000 residents by 2035.

In density, Newark had a 2020 population density of 3,424 persons per square mile compared to Alameda County’s density of 2,043 persons per square mile, and 13 times greater than the State of California’s population density of 232 per square mile. Comprising nearly 14 square miles, Newark’s built-out character requires thoughtful planning to better use the city’s existing parks and explore the provision of new facilities within them that meet growing recreational demands while serving the growing population.

AGE GROUPS
The City of Newark, according to the 2020 Census, has three significant age cohorts that define its community profile. The city is comprised of

15.3 Baby Boomers, aged 55+; 23.9% Youth, aged 0 to 17 years; and

36.1% Family Forming Adults, aged 20 to 44 years. These age groups are prime users of city recreation facilities and services.

The Youth cohort drives demand for extracurricular enrichment activities such as before and after school programming, camps, sports, and ageoriented programs for young and teen-age groups. The need for parks and recreation services and amenities will persist as this age group, along with family-forming segments of the population, continues to rely on community recreation for leisure services. Family Forming Adults, aged 21 to 44 years, comprise the largest segment of the population, indicating a continued need for family, youth and preschool services, recreation amenities, and parks within the City of Newark.

The Baby Boomer generation, a cohort aging in place and creating a demand for increased services and programming, comprises 20% of the city’s age groups. 2020 population projections indicate that older adults and retirement age cohorts, including Baby Boomers, will peak and begin to decrease in population as they remain in their Newark residences. The need for senior services, health and wellness, fitness, and support systems for an aging population will remain in demand as elements in the city’s existing recreation network.

HOUSEHOLD COMPOSITION AND RESIDENCY
There were 14,946 households in the City of Newark at the time of the 2020 Census. Of these, nearly 85% were family households which include a householder and one or more people living in the same household related to the householder by birth, marriage, or adoption. 37.9% of households had individuals under 18 years of age. Additionally, the median age of householders is growing as homeowners remain in place; in 2020 the median age was 35.4, in 2023 it was 38.2, and is projected to be 39.1 years in 2028.

According to the 2020 Census, there were a total of 15,371 housing units, and 97.2% of those housing units are occupied. Of the occupied units

67.8% are owner occupied and 32.2% are renter occupied.

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INCOME
Overall, Newark is a relevantly affluent community in the Bay Area. The 2023 projected median household income for the City of Newark was $150,574, higher than the State of California at $89,455. From 2023 to 2028 the median household income is projected to increase to $167,640.

There is a portion of the community, however, that will continue to benefit from subsidized programming and fees in order to have access to parks and recreation and community department facilities and services, as 5.8% of households make less than $25,000. While this is a significant number it is less than that of 13.9% of households making less than $25,000 on the state level.

For more information on the city’s demographic analysis and community profile, please see Appendix C (Demographic and Recreational Trends).

3.3 RECREATIONAL TRENDS
Understanding existing and emerging trends in recreational planning is an important tool in projecting interest in and use of recreation services.

For the City of Newark, an analysis of demographic, recreation, social, economic, and regional trends was conducted to best inform the Master Plan Update. Understanding these trends ensures that the city’s planning efforts look ahead while staying relevant with other service providers.

DEMOGRAPHIC TRENDS
Baby Boomers
Baby Boomers are a growing population segment that desire activities and programs that will assist them in maintaining a long and healthy lifestyle. Born between 1946 and 1964, those in this group generally do not view themselves as seniors and many do not plan to retire like generations before them. 7 in 10 Americans plan to work following retirement from their mainstay career, and an additional 14% plan to continue their work as volunteers.1
In the City of Newark, 19% of the
population is aged 52 to 70. Baby Boomers embrace physical fitness and are invested in personal health.2 Park and recreation departments can facilitate Boomers’ needs in physical health, interests and hobbies, resource accessibility, and volunteerism.

Many of today’s Boomers are part of the Sandwich Generation, adults who are providing some kind of care for a parent while raising or supporting their own children. It is estimated that 20 million Americans are currently in this cohort, with that number expected to double within the next 10 years.3 With an aging population and a generation of young adults struggling to achieve financial independence, the burdens and responsibilities of middle-aged Americans are increasing. Nearly half, 47%, of adults in their 40’s and 50’s have a parent aged 65 or older and are either raising a young child or financially supporting a grown child, age 18 older.4 The impact of the Sandwich Generation on recreation is seen in the increased need for multi-generational facilities that serve children, adults, and older adults at a single location and often, simultaneously.

Racial and Ethnic Diversity
According to ABAG, two demographic trends are shaping the growth of Bay Area communities: substantial racial and ethnic diversification, with a 1 John J. Heldrich Center for Workforce Development, Rutgers, The State University of New Jersey Center for Survey Research and Analysis, and the University of Connecticut. (2005). Work Trends: Americans Attitudes About Work, Employers, and Government. Retrieved July 6, 2007 from www.heldrich.rutgers.edu/Resources/ Publication/192/WT16%20Press%20Release.pdf
2 Springs, Stephen. “Designing Recreation Centers for Seniors.” Athletic Business Magazine. February 2015.
3 Parker, Kim and Eileen Patten. “The Sandwich Generation: Rising Financial Burdens for Middle-Aged Americans.” (1). Pew Research Center: Social and Demographic Trends. Pew Research Center, 30 Jan 2013. Web. 21 Jan 2014. <www.pewsocialtrends. org/files/2013/01/Sandwich_Generation_Report_FINAL_1-29.pdf> Packet Page
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specific increase in Asian and Latino, or Hispanic, populations.5 Reflected in the city’s own demographic profile, recreational planning will need to meet the needs and expectations of a diverse and growing community.

Millennials
Those born between 1982 and 2000 are referred to as the Millennial Generation. Now between the ages of 16 and 34 years, Millennials number nearly 11 million in the State of California.6
This generation is
the most educated generation of Americans, the most ethnically diverse generation in United States history, and possesses the most disposable income.7 A highly mobile population, recreational planning should take into account the future needs of this demographic.

RECREATION TRENDS
Childhood Obesity and Health
Childhood obesity has gained significant awareness in recent years as a public health concern. In 2010, more than one third of children and adolescents were overweight or obese,8
with obesity currently affecting
17% of all children and adolescents in the United States.9 In the City of Newark, nearly 40% of students were categorized as overweight or obese, according to a University of California Los Angeles study on the results of the 2010 California Physical Fitness Test (PFT).10 Parks and 5 Association of Bay Area Governments & Metropolitan Transportation Commission. “Plan Bay Area: The Bay Area in 2040 (30)”. Electronic. http://files.mtc.ca.gov/pdf/ Plan_Bay_Area_FINAL/2-The_Bay_Area_In_2040.pdf
6 Nielsen Corporation SiteReports. Figure is based on 2014 estimates for the Town of Windsor, using age groups 15-20, 21-24, and 25-34. See Demographic Analysis for data.
7 California State Parks, Recreation Opportunities publication, March 2010. 8 Ogden CL, Carroll MD, Kit BK, Flegal KM. Prevalence of obesity and trends in body mass index among US children and adolescents, 1999-2010. Journal of the American Medical Association 2012;307(5):483-490.
9 Centers for Disease Control and Prevention, “Childhood Overweight and Obesity” <www.cdc.gov/obesity/childhood/> Atlanta, GA. 5 Aug 2013. Web. 22 Jan 2014. 10 California Dept. of Education, Physical Fitness Testing Research Files (Dec. 2015). recreational planning have the capacity to promote active lifestyles through the provision of active programs and ensuring a safe, accessible open space network.

Unstructured Recreation
Self-directed play and the development of recreation space that allows for unstructured activities is a significant recreational trend that parks and open space environments enable. Linking parks together with green corridors and trails is a feature of community design that encourages mobility, accessibility, socialization, fitness, and an appreciation of the natural environment. The ability to encourage spontaneous play environments is of increasing importance in park design.

SOCIAL TRENDS
Community Design for Social Recreation and Inclusion
Addressing issues of social alienation and physical inactivity through community design, to create usable and vibrant social space, is an emerging trend in recreation planning. 11 As inactivity and social isolation increase, so does the incidence of obesity, heart disease, diabetes, depression, and mental illness.12 Thriving public spaces promote the familiarity and social bonds that make communities and neighborhoods safer and healthier. In promoting social recreation, inclusive design is an important consideration to facilitate interaction by users with various ages, physical abilities, and cultural interests.
11 Project for Public Spaces. (2006). Health and Community Design, Project for Public Places. Retrieved July 18, 2007 from http://www. pps.org/info/placemakingtools/ issuepapers/health_community
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Sensitivity to Gender Neutrality
Municipal parks and recreation departments are charged with providing healthy and safe recreation programs and services to all community members. As issues of gender and transgender rights gain heightened national awareness, families, communities, and institutions nation-wide are adopting the practice of gender neutrality, defined as creating an environment in which distinguishing roles based on someone’s sex or gender is discouraged. In response, parks and recreation departments are reevaluating policies, facilities, and programs to encourage gender neutrality and not obstruct participation.13
Technology and Social Media
Mobile device technology now plays an important role in recreational lives and habits. Internet and mobile applications are frequently used as tools in activities and programming, with the internet becoming a key method of communicating information. Residents are turning to the web for information, which must be accurate and easy to access to understand their community’s park network.

ECONOMIC TRENDS
Fiscal Accountability
Municipal parks and recreation agencies are required to be fiscally responsible while meeting the challenge of increased demand for services from a growing population. Park and recreation departments must be financially sustainable, competitive in the marketplace, and incorporate sound business practices in operational planning. The City of Newark has experienced these impacts as it grows and develops. The city’s Recreation and Community Services Department has a significant 13 Oakleaf, Linda. “Social Equity in Parks for the Transgender Community.” Parks & Recreation Magazine. October 2015. http://www.parksandrecreation.org/2015/ October/Social-Equity-in-Parks-for-the-Transgender-Community/ challenge in securing sustainable funding to provide the services and facilities needed for the population now and in the future, requiring the creation of a flexible and feasible implementation and operation plan for the city’s park updates and enhancements.

REGIONAL TRENDS FROM RECREATION PROVIDERS
Understanding trends impacting local recreation service providers informs the city’s Recreation and Community Services Department in the provision of services. Recreation Management, a national organization focused on recreation, sports and fitness facilities, conducts an annual survey to assess trends in the field. This survey gathers input from public and private recreation service providers in the United States, with responses organized by region.

The 2016 survey found that service providers in the West Region, which incorporates California, are more likely to:
• Serve all-ages, with a focus on adult and senior programming • Have energy efficient facilities
• Expect development in recreation and additional facilities • Include special use facilities such as dog parks and community gardens
• Provide programming for individual enrichment such as yoga and performing arts
These responses provide benchmarks and assist in shaping the trends and direction of similar jurisdictions in the regional area.

For a detailed description of the recreation trends analysis completed for the Master Plan, see Appendix C (Demographic and Recreational Trends).

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NEEDS ASSESSMENT
1 2 3 4 5 6 7
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SECTIONS

4.1 Demand

4.2 Supply

4.3 Filling the Gap
This section looks at gaps in the city’s park network, established through the collection of community input and collaboration with city staff while incorporating the assessment of the 2017 Citywide Parks Master Plan and the city’s existing framework. Identifying opportunities for enhanced service informs the Master Plan in creating a sustainable and fulfilling park network that addresses community needs and will serve residents for years to come.

The needs assessment for the Citywide Parks Master Plan Update was conducted in the form of a gap analysis. See figure 1 - Gap Analysis.

Gap analysis is generated from an assessment of the city’s existing community profile, current trends in recreation management, a review of the city’s supply of recreation amenities, and the community’s input and expectations. Assessing the level of demand, compared to the city’s supply of recreation services, identifies gaps in service and opportunities to satisfy community needs.

4.1 DEMAND
An understanding of the city’s demand for parks recreation service is informed by an evaluation of the collected community input, the city’s demographic profile, and trends in recreation that may impact city park services.

COMMUNITY INPUT
Community input was gathered through a wide range of data gathering efforts. These could be categorized into three categories: Notices regarding community workshops and updates to the planning process were posted regularly to the city website.
• Community Survey
• Community Outreach events
• Stakeholder Interviews
Community Survey
To assess community needs and interest in Newark’s recreational services, a Community Survey was prepared and accessed via Survey Monkey. The Community Survey was available online through Newark’s city web site. Additionally, seed packets with the QR code to the survey were distributed to the community throughout various community events and outreach workshops during the open data collection period.

Paper copies of the survey were made available at public facilities. The survey was conducted for 5 months from September 2023 to February 2024. The survey resulted in a total of 470 responses.

See Appendix D for a summary of community survey results CHAPTER 4: NEEDS ASSESSMENT
Figure 1 – Gap Analysis
supply demand gap
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Community Outreach Events
Throughout the Fall of 2023 and Winter of 2024, three community outreach events were conducted to present the scope and goals of the Citywide Parks Master Plan Update. These outreach events provided an opportunity to gather feedback and community input while sharing updates on the planning process. The outreach events revealed that the Newark community places a higher value on improving and upgrading several existing amenities rather than introducing entirely new ones. The amenities that emerged as the highest priorities include:
• Lighting at sport fields and courts for safety and evening recreational use
• Additional lighting along pathways
• Improved path maintenance
• Playground improvements to several parks
• Field maintenance
Some of the new elements to be included to the park amenities are:
• New Restrooms
• All abilities playground
• Trails and Pathways
Three community outreach events were held late Fall 2023 and Winter of 2024 to present the planning process and goals for the Master Plan Update and to collect feedback and community needs. Community Outreach Event #1 was held on September 17, 2023, at the Newark Days Celebration at the Newark Community Park. The community gave input on their desire for various recreation amenities for both adults and children. The second community outreach event was held January 9, 2024, at the Newark Library’s Community Room. The Consultant team introduced the planning process, presented the results of the community survey and described the gap between the amenities and recreation desired by the community and those currently offered. A third community outreach event, held February 27, 2024, was a prioritization exercise where attendees voted for their desired amenities or activities Notices regarding community outreach events and updates to the planning process were posted regularly to the city website.

See Appendix D (Community Workshops, Notes, & Summary) for notes, photos, and a detailed summary of the community workshops.

COMMUNITY ENGAGEMENT OVERVIEW
Community Outreach #1
The first community workshop took place during the Newark Days festival, a popular annual event held at Newark Community Park, centered around the MacGregor Fields and Newark Community Center at 35501 Cedar Blvd. Newark Days is a four-day celebration commemorating the City of Newark’s birthday, attracting a diverse crosssection of the community each September.

During the event, we engaged with a broad spectrum of community members, including adults, seniors, and children of all ages. The booth served as an introduction to the Citywide Parks Master Plan Update, where we explained the planning process, goals, and intent of the update. Attendees were encouraged to provide initial input on their preferences for park amenities and share their vision for the city’s park and recreation network. Alongside the event the community survey was kept open to gather a broader range of feedback from community members.

Feedback from this workshop highlighted an appreciation for Newark’s existing park space, with many attendees noting that the overall size and location of parks effectively served the community. However, there was a strong consensus on the need for improved maintenance and upgrades to existing facilities across the city’s park network. Key concerns included enhanced turf maintenance for sports fields, better trash management, and the modernization of structures such as playgrounds and picnic facilities to ensure ease of access and inclusivity for all users.

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Understanding that a significant focus of the Master Plan Update is to assess the feasibility and prioritize the development of new park facilities, attendees were also asked to share their desires for future additions.

Participants strongly advocated for the creation of an all-abilities playground, the installation of new restrooms, and the expansion of trails and pathways to better connect the city’s open spaces and parks.

Community Outreach #2
The second community outreach event took place on January 9, 2024, in the Community Room at the Newark Library. During this session, the Consultant team introduced the planning process, presented the results of the community survey, and discussed the gap between the amenities and park recreational facilities desired by the community (demand) and those currently available (supply). This gap represents the difference between what the community seeks and what is presently offered.

The workshop served as an informational session to update the community on the consensus around desired amenities, the current offerings within the city’s parks facilities, and the identified gaps between the two. Attendees were then organized into smaller breakout groups to participate in a prioritization exercise. Each group was asked to address two key questions: first, to identify sports and recreation facilities they believed would better serve community needs, and second, to prioritize their top three projects or amenities. After the group discussions, each group presented their findings, which were documented for further analysis. Detailed notes, photos, and summaries of these discussions can be found in Appendix D (Community Workshops, Notes, and Summary).

As the workshop concluded, the Consultant team introduced the community to the upcoming “Newark Bucks” exercise, which would take place during the third outreach event. This interactive workshop had been highly popular during the 2017 Citywide Parks Master Plan outreach, and the Consultant team recognized it as a valuable and engaging tool for gathering input on the community’s priorities.

Community Outreach #3
A third community workshop held February 27, 2024, involved a prioritization exercise where attendees were asked to vote for their desired amenities or activities. This was made interactive with an investment-based strategy wherein each attendee was given $500 Newark Dollars or “Newark Bucks” (fake dollars) to put towards 20 identified amenities / activities. They were allowed to spend all their “bucks” on one amenity or distribute them across different amenities.

The key was that all attendees were given a fixed spending amount to place at the station of their most desired amenity or activity. Once the community had an opportunity to complete their spending exercise the bucks were counted, and the valuation of each amenity/activity were tallied up. The results were drafted on flip charts and presented to the attendees. Amenities which were valuated at over $1000 Newark Dollars rose to the top of the chart, of the 20 amenities/activities the following amenities received the highest valuation of “Newark Bucks”:
• Softball Fields
• Restrooms- Update/New
• Play structures- Update/New
• Trails-Hiking/Walking
• Additional Lighting
For a full summary of notes and findings from this workshop see Appendix D (Community Workshops, Notes, & Summary).

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Stakeholder Interviews
In addition to community engagement workshops, the Master Plan Update process also included stakeholder interviews. The consultant team conducted stakeholder interviews which included the members interested in pickleball, cricket groups, men’s and women’s softball and baseball groups, Urban Forest and Friends, and the Deaf Plus Adult Community representative. These interviews offered the opportunity for key stakeholders’ groups to provide focused input and perspective on issues related to Newark’s park and recreation system. Groups interviewed include:

Pickleball
• Community members that are Pickleball enthusiasts
Cricket
• ASCE (American School Of Cricket Excellence).
• VK Cricket Academy
• Tricity Performance Club Newark
• Blazers Cricket Academy
• Strikers Academy
• CritBay
Soccer
• Newark Soccer Club
• Northern California Chinese Soccer Federation
• SVIDEA
Baseball and Softball
• Little League
• National Championship Sports/All world Sports
• Newark Girls Softball
Other
• Urban Forest and Friends
• Deaf Plus Adult Community

PRIORITY PROJECTS
During the 2017 Citywide Parks Mater Plan community workshop #2, park projects were selected through collaboration with city staff and the Consultant team as elements to meet recreational demand in the city.

Prior to the Citywide Parks Master Plan, city staff had worked closely with community voices in earlier planning efforts, allowing them to enter this planning process with identified new recreational facilities and park expansions that could serve Newark’s recreational needs. The results of the 2017 workshop revealed the following as top-priority projects in the Newark Citywide Parks Master Plan:
• Dog Park
• All-Inclusive Playground
• Synthetic Turf Field(s) with Lights
• Bike Skills Track
• Skate Park
Of the above-mentioned projects the following projects have been completed:
• Dog Park
• Synthetic Turf Field(s) with Lights
• Skate Park
In addition to the new elements to be included to the park amenities identified as a part of the Master Plan Update, the projects that are still pending completion from the 2017 Citywide Parks Master Plan are:
• All-Inclusive Playground
• Bike Skills Track
The schematic master plans were updated to incorporate this community input, some of the significant improvements made to the schematic plans resulted in additional play areas, additional lighting along exterior pathways, outdoor fitness equipment, as well as additional benches and picnic areas.

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COMMUNITY PROFILE
Newark’s community profile shows a city with high demand for recreation and a need for continued park and recreation services as the city expands. The community is family-oriented with aging adults, rooted in their households, prime users of the city’s park network. The city is also racially diverse, dense in population, and largely built-out with substantial expected population growth. This character requires thoughtful planning to better use the city’s existing parks and explore the provision of new facilities within them that will meet growing recreational demands while serving the growing population.

TRENDS IN RECREATION
Communities are moving towards recreational planning that takes into account accessibility, inclusion, and environmental and fiscal sustainability. As the city updates and expands its recreation network it must support user demands. Aging community members and increasing racial diversity impact desired recreation services, while general trends in programming direct user desires. Providing space for flexible and health-oriented activity is a priority for the community. Ensuring that new planning will incorporate inclusion, community cohesion, and technology will be important considerations for the implementation of the Master Plan Update.

4.2 SUPPLY

EXISTING FACILITIES
The city’s existing park network is extensive in size, with parks throughout the city. Neighborhood, community, and special use parks provide community members with programmed recreation and flexible activity, while surrounding open space assets serve as additional places of recreation value. The aged system, however, reveals general issues in accessibility, maintenance, quality of structures and facilities, and an overall need for site activation. Updates to existing infrastructure, regular maintenance, and enhanced safety would add significant value to the city’s parks system. The city is unlikely to acquire substantial new parkland, making it important to efficiently utilize existing facilities and to explore opportunities to add new amenities that satisfy current and future community interests.

4.3 FILLING THE GAP

MEETING COMMUNITY DEMANDS
Before developing the Citywide Parks Master Plan Update, the City of Newark identified several new recreational facilities that the community desired. Newark’s 2013 General Plan included action items such as exploring the development of a skate and bike park, multi-purpose all-weather turf fields at Sportsfield Park, and a dog park for community use. These priorities were reaffirmed in the 2017 Citywide Parks Master Plan. However, the financial constraints of the community at that time prevented these projects from being realized in the short- and mediumterm.

Since then, some of these recommendations have been successfully completed, including the community dog park, synthetic turf fields, and the skate park. The Master Plan Update’s needs assessment recommends prioritizing the completion of the remaining projects identified in Packet Page No. 244
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the 2017 Master Plan. Additionally, the assessment emphasizes the importance of improving and upgrading existing amenities rather than introducing entirely new ones.

The completion of these recreation facilities, along with the implementation of the proposed updates, will greatly enhance Newark’s park system and ensure that the future needs of the community are met.

The community of Newark is composed of prime recreation users, a trend expected to continue as the city grows. Community input indicates that residents highly value recreation, prioritize open spaces for activities, show a growing interest in non-traditional sports, seek adaptive use of the city’s park facilities and resources, and aim to foster community cohesion.

While the city’s existing park amenities are extensive, they are also aging and could be enhanced to meet both current and future recreation demands. Although there is a consensus on the need for improvements, upgrades, and better maintenance of existing features, the planning process has also revealed a strong priority for the creation of unique, special-use facilities that will offer enhanced recreational opportunities in Newark’s built-out urban environment. Notable examples of these facilities include an all-abilities playground and a bike skills track.

The following section will detail the selected projects, including their costs, proposed locations within the city’s park network, and additional park projects identified for the future of Newark’s park system.

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SECTIONS

5.1 Vision Framework

5.2 Overarching Goals

5.3 Asset Inventory and Specific Site Recommendations

5.1 VISION FRAMEWORK
As with the 2017 Citywide Park Master Plan the Master Plan Update is guided by the Parks, Recreation, and Open Space Element of the City’s 2013 General Plan. The goals of the Parks, Recreation, and Open Space Element that guide this Master Plan Update include:

Goal PR-2: Expand and improve Newark’s parks and recreational facilities to meet existing and future needs.

Goal PR-3: Manage Newark’s parks in a way that enhances their natural qualities, conveys a positive image of the city and its neighborhoods, and fully meets the community’s recreational needs.

Goal PR-5: Improve Newark’s trail system, with a focus on access to the Newark shoreline, and access between the shoreline and Newark neighborhoods.

KEY POLICIES RELATED TO THE MASTER PLAN
City of Newark General Plan, 2013
• Creation of the Citywide Parks Master Plan
• Provide adequate and varied recreation opportunities
• Create new high-quality recreational open spaces and enhance existing recreational facilities and open space
• Promote public health and safety
• Develop a more sustainable and healthy community and promote walking and biking through focused development
City of Newark Pedestrian and Bicycle Master Plan, 2017 • Complete the Cedar Boulevard Extension Linear Park to support bike network connectivity
• Support pedestrian-scaled connectivity to the City’s park and open space resources
City of Newark Greater NewPark Masterplan, 2015
• Attract revenue-generating commercial and entertainment uses that complement existing and desired retail and entertainment anchors • Repurpose Shirley Sisk Grove to support the development of Newpark Mall as a vibrant regional commercial center
Dumbarton Transit Oriented Development Specific Plan, 2010 • Develop three park areas - a neighborhood park, a linear park and/or trail that connects to the Bay Trail, and a park adjacent to the Transit Station
CHAPTER 5: PLAN
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5.2 OVERARCHING GOALS
The following overarching goals shape the recommendations proposed in the Citywide Parks Master Plan Update. They are informed by the Parks, Recreation, and Open Space Element of the city’s General Plan.

PROTECT AND SUPPORT THE EXISTING NETWORK
A leading goal of the Citywide Parks Master Plan Update remains the protection and enhancement of the city’s
existing park network. Protecting and supporting these
spaces enables their use for community recreation,
environmental preservation, visual appreciation and
public safety. Supporting the existing framework is critical in establishing a base for the network’s development and expansion.

ACCOMMODATE DEMANDS IN SERVICE
The recommendations proposed in both the 2017 Master
Plan and the Master Plan Update are dictated by the
community’s existing and future needs in recreational
service. Throughout the planning process, the community has expressed a demand for unique, special-use facilities that will provide enhanced recreation opportunities within the built-out city. The Master Plan Update continues park project recommendations that align with community
desires and available resources. .

ENHANCE COMMUNITY IDENTITY
Parks and open space are valuable amenities that help
define the city’s character, identity, and appeal. Project recommendations aim to meet the community’s needs
while supporting the city’s character in the greater Bay Area.

The recommendations in the Master Plan Update
continue to call for facility updates and modernization of parks that facilitate use by a variety of community
members, improved maintenance for system health,
and responsive design that meets current and future
recreation trends. Additionally, unique, special-use
facilities will not only fulfill community need, but also increase the attractiveness of the city.

FOSTER CONNECTIVITY
Newark’s park system serves as a vital element of the
city’s pedestrian-scale circulation network; destinations for active and accessible recreation. In exploring
enhancements to the existing system, the Master Plan
Update continues the recommendation to incorporate
opportunities to improve connectivity in the city,
particularly through the creation of the Cedar Boulevard Extension Linear Park, which has been identified in the city’s General Plan as an actionable project.

In the following asset inventory and specific site
recommendations, the proposed park projects are listed
along with the overarching project goal, or goals, with which they are aligned.
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ADDITIONAL THEMES
In addition to the overarching goals, project recommendations incorporate the following themes as elements of a successful park network.

Accessibility
Accessibility is applied in all recommendations made in the Citywide Parks Master Plan Update. Accessibility incorporates ease of access in a variety of ways, including physical accessibility, social inclusion, multigenerational use, and signage and way-finding. Accessibility ensures that all community users will benefit from improvements to the city’s park system. Accessibility is a highly desired need by the community especially with children’s play areas.

Sustainability
Sustainability is applied using best practices in design and operation of park project recommendations. This is applied through the recommended use of lasting materials and environmentally conscious operation standards.

Maintenance and Management
Improved maintenance and management of the park system are key elements in ensuring a lasting network of recreational open space.

Park project recommendations include the need for the city to actively manage and maintain facilities. Ease of maintenance may also include increased community stewardship.

5.3 ASSET INVENTORY AND SPECIFIC SITE

RECOMMENDATIONS
The following section reviews the park projects proposed in the 2017 Citywide Parks Master Plan as well as 3 additional park sites that will be added to the Citywide Parks Master Plan Update. These parks include the planned development of Grand Park, MacGregor Park and Sanctuary Park.

The recommendations are organized alphabetically per city park and include the park’s location and size, the opportunities and vision of the park’s plan, specific project recommendations, alignment with the overarching goals of the Master Plan, and total cost at a schematic level.

It is assumed that the implementation of these recommendations will be phased at the city’s discretion.

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Figure 2 – Birch Grove Park
*In the detail design process the potential of adding youth baseball fields, with dirt infields, should be considered. This consideration should consider the relative level of utilization of different field types.

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BIRCH GROVE PARK
Location: Birch Street at Robertson Avenue
Size: 15 acres
Use: Community Park

OPPORTUNITIES AND VISION
Birch Grove Park is a community park in eastern Newark with a variety of existing amenities including grass fields, pedestrian pathways, playgrounds, restroom, group picnic areas, full court basketball, softball field, and tennis courts. The 2017 Newark Citywide Parks Master Plan envisioned Birch Grove Park to remain a community recreation facility while enhancing the site’s capacity to meet the identified recreational needs of the Newark community. The Master Plan proposed Birch Grove Park to have open park space, dedicated pump track and two turf multi-sport fields as major community-serving projects. Additionally, the Master Plan proposed the creation of a reservable sheltered group picnic area and associated amenities such as volleyball and bocce ball courts.

The site’s existing playgrounds and water play feature would additionally be updated to best meet the city’s recreation standards.

In addition to the improvements outlined in the Master Plan, the Update recommends adding bleachers along the baseball field and benches near the tennis courts. Given the observed spectator activity during sports events, the community would greatly benefit from increased seating to enhance spectator viewing and encourage greater community engagement during both organized sports and casual games.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Birch Grove Park:
• 1 dedicated bike skills
• 2 natural turf, multi-sport fields (140 ft x 200 ft)
• 2 sheltered group picnic area, with potential for reservation • 1 volleyball court
• 2 bocce ball courts
• 1 updated school-age play area
• 1 updated tot-age play area
• 1 splash pad
• Bike racks
• Seating Areas
• Trash receptacles
• Updated planting and irrigation
• Field Maintenance

ALIGNED MASTER PLAN GOALS
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ESTIMATE OF COST
$4,069,800
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BIRCH GROVE PARK
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BYINGTON PARK
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Figure 3 – Byington Park
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BYINGTON PARK
Location: Central Avenue at Byington Drive
Size: 3 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Byington Park is a designated neighborhood park that was planned as a component of the adjacent housing development. The site contains existing park amenities including a group picnic area, grass field, half court basketball, school-age play area, and splash pad. To enhance the site as a component of Newark’s park system, the 2017 Newark Citywide Parks Master Plan proposed the update of Byington Park’s existing playground and adjacent water play area.

Additional recommendations proposed in the Newark Citywide Parks Master Plan Update includes new planting and irrigation.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates are recommended at Byington Park:
• 1 updated school-age play area
• 1 updated splash pad
• New planting and irrigation
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

ESTIMATE OF COST
$1,287,200
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Figure 4 – Cedar Boulevard Linear Park 1
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CEDAR BOULEVARD LINEAR PARK
Location: Cedar Boulevard from Willow Street to Haley Street Size: 8.5 acres
Use: Community Park

OPPORTUNITIES AND VISION
Cedar Boulevard is an arterial roadway that circulates throughout the City of Newark, currently terminating at Haley Street. The city, however, has preserved right-of-way for a future extension of Cedar Boulevard to Thornton Avenue. This extension provides potential to create a linear parkway with pathways for dedicated pedestrian and bicycle travel.

To extend the parkway completely, the extension also necessitates the construction of a bicycle and pedestrian bridge over the Union Pacific Railroad.

The 2017 Newark Citywide Parks Master Plan saw the development of the Cedar Boulevard Linear Park as an opportunity to provide additional park facilities to the city. The Master Plan envisioned Cedar Boulevard Linear Park to be a neighborhood-serving community park, divided into four segments of recreational open space connected through continuous pedestrian circulation. Amid the four segments of the linear park, the Master Plan proposed that Cedar Boulevard Linear Park include a community garden, dedicated bicycle and pedestrian pathways, and outdoor fitness areas as major community-serving features. Additionally, the Master Plan proposed three play areas to serve adjacent neighborhoods, and two decorative gardens for unique and local planting opportunities. A bike and pedestrian bridge over the Union Pacific Railroad will be necessary to complete the extension between Willow Street and Haley Street.

In addition to the proposed improvements in the original Master Plan, the Newark Citywide Parks Master Plan Update included an assessment of current needs and integrated feedback from the community.

Community safety through nighttime lighting emerged as a top priority, the Master Plan Update recommends installing pathway lighting to enhance overall safety and security. Additionally, the Update suggests the addition of picnic tables and more benches to improve seating options throughout the park.

The creation of the Cedar Boulevard Extension is a priority project for the city, referenced in the city’s General Plan through the Parks, Recreation and Open Space and Transportation Elements, and the FY 2014-2016 Capital Improvement Plan. Completing the Cedar Boulevard Linear Park will provide enhanced bike and pedestrian connectivity while serving the community’s recreation and open space needs.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following projects are recommended at the proposed Cedar Boulevard Linear Park:
• 2 school-age play areas
• 1 tot-age play area
• 2 decorative gardens
• 1 community garden
• 4 outdoor fitness areas
• Bike and pedestrian pathway
• Pedestrian overpass
• Planting and irrigation
• Pathway lighting
• Benches and picnic tables
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
demands
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community
identity

foster
connection

ESTIMATE OF COST
$ 5,622,500
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Figure 5 – Cedar Boulevard Linear Park 2
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Figure 6 – Cedar Boulevard Linear Park 3
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Figure 7 – Cedar Boulevard Linear Park 4
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Figure 8 – Civic Center Park
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CIVIC CENTER PARK
Location: Civic Terrace Avenue at Newark Boulevard
Size: 5 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Civic Center Park is a 5-acre neighborhood park in central Newark, adjacent to the city’s new city hall and the former public library. The park currently has grass lawn, a perimeter path, two group picnic areas, a full court basketball, and a playground. The 2017 Newark Citywide Parks Master Plan envisioned Civic Center Park to remain neighborhood oriented while improving the site as a civic destination with the addition of added public gathering space. The Master Plan proposed Civic Center Park include a small turf multi-sport field and a sheltered group picnic area as major community-serving projects. As amenities associated with the group picnic area, the Master Plan Update proposes the addition of an updated school-age play area.

Depending on the future use of the former public library building, the recommendations in the Newark Citywide Parks Master Plan Update may need to be revisited. Community priority assessments have highlighted an all-abilities playground as a high-priority amenity. The Master Plan Update identifies Civic Center Park as a potential site for this playground, contingent upon the removal of the existing building.

Additionally, if the existing building is removed, the Master Plan Update recommends the installation of new restrooms at Civic Center Park.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Civic Center Park:
• 1 natural turf, multi-sport field (140 ft x 200 ft)
• 1 sheltered group picnic area, with potential for reservation • 1 school-age play area
• 1 tot play area
• 1 new restroom (to be added if the former Newark Library is removed) • Updated planting and irrigation
• Bike racks
• Trash receptacles
• Chain link fence along the railroad right of way

ALIGNED MASTER PLAN GOALS
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ESTIMATE OF COST
$2,092,300
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CIVIC CENTER PARK
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GRAND PARK
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Figure 9 – Grand Park
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GRAND PARK
Location: Enterprise Drive at Hickory Street
Size: 5 acres
Use: Proposed Community Park
Note: Plans and execution by private developer

OPPORTUNITIES AND VISION
The proposed Grand Park, located at the western edge of the city is envisioned as a community park for Newark. The currently undeveloped open space is cited in the 2010 Dumbarton TOD Specific Plan as a site for one of three proposed parks in the planned Dumbarton transitoriented development, serving the area west of the proposed transit center while providing a connection to the existing Bay Trail along Willow Street. According to the Dumbarton TOD plan, the three proposed parks may include restroom facilities, a dog park, and/or an outdoor amphitheater.

The 2017 Newark Citywide Parks Master Plan envisioned Grand Park to be a community recreation facility serving the proposed TOD development with a group picnic area, school age and tot age play areas, a multi-use grass sports field, restroom facilities, a dog park, and/or an outdoor amphitheater. Additionally, due to the site’s unique location and relationship to Bay wetlands, Grand Park may include environmentally complementary features such as vegetated water treatment swales. Developing the proposed Grand Park will satisfy the goals of the Dumbarton TOD Specific Plan and provide the Newark community with a valuable recreation amenity.

Since the 2017 Newark Citywide Parks Master Plan, a private developer has submitted plans for Grand Park. The proposed development includes a grass sports field, open lawn space, dog parks for both small and large dogs, children’s play areas segmented by age group, and a multiuse event area. Additional improvements feature park seating such as benches and picnic tables, bike racks, and a wildflower garden.

RECOMMENDATIONS AND PROPOSED PROJECTS (BY DEVELOPER) – SEE

UPDATED PLANS BY DEVELOPER
The following projects are recommended at the proposed Grand Park:
• ADA Accessible stage and amphitheater
• 1 dog park, with separated small and large dog areas
• 2 sheltered group picnic areas, with potential for reservation • Event lawn with overhead arbor and string lights
• Sports lawn
• Flex lawn
• 1 school-age play area
• 1 tot-age play area
• Interactive play elements for school-age and tot-age play areas • Adult recreation sets such as ping pong and cornhole
• 1 new restroom
• Meandering pathway system with potential connection to Bay Trail, to the north
• Signage including monument signage
• Bike racks and bike lockers (for short term and long-term parking) • Vegetated water treatment swales
• Wildflower Garden
• Planting and irrigation
• Parking lot with designated parking for recreation vehicles

ALIGNED MASTER PLAN GOALS
demands
in
service

community
identity

ESTIMATE OF COST
Per private developer
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Figure 10 – Jerry Raber Ash Street Park
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JERRY RABER ASH STREET PARK
Location: Enterprise Drive at Filbert Street
Size: 6 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Jerry Raber Ash Street Park is a community-serving neighborhood park in western Newark. The park is a well-used and active recreation facility - with existing amenities including sheltered group picnic areas, playgrounds, full court basketball, grass lawn, pedestrian paths, two softball pitches, and restroom. The site additionally includes the privately operated Viola Blythe Community Service Center of Newark, the soon to be Newark Resource Center, and a segment of the Hetch Hetchy right-of-way under the jurisdiction of the San Francisco Public Utilities Commission.

The 2017 Newark Citywide Parks Master Plan envisioned Jerry Raber Ash Street Park remain a neighborhood park while enhancing the site’s recreational capacity to meet the active needs of the park’s existing users and the community of Newark. The 2017 Newark Parks Master Plan proposed several projects to strengthen the site’s capacity as a recreational facility. These projects include the creation of a natural turf multi-sport field, an additional group picnic site, a volleyball court, and updated playgrounds. Additionally, a decorative garden and several bocce ball courts are proposed. These latter projects are designed with intent to collaborate with the Clark W. Redeker Newark Senior Center, neighboring the park site. Importantly, the proposed decorative garden is located along the park’s Hetch Hetchy right-of-way segment, utilizing the open space at the utility easement in a passive and non-disruptive, yet activating, manner.

In response to growing demand from the softball community, the Master Plan Update recommends upgrading the existing softball pitch to a fullsized field to better accommodate community needs. In addition to the vision of the original Master Plan, the enhancements recommend in the Newark Citywide Parks Master Plan Update are focused on maintenance and upkeep of equipment. Proper field maintenance in parks is essential to ensure safe, enjoyable, and sustainable recreational spaces for the community. Regular maintenance of play equipment in parks is crucial to ensure the safety and well-being of children, providing a secure and enjoyable environment for play. The Newark Citywide Parks Master Plan Update recommends that play equipment is replaced every twelve years.

With an increase in the use of bicycles, recommendations include the addition of bike racks for bicycle parking.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Jerry Raber Ash Street Park:
• 1 natural turf, multi-sport field (140 ft x 200 ft)
• 1 un-sheltered group picnic area, with potential for reservation • 1 volleyball court
• 4 bocce ball courts
• 1 Full Size Softball Field
• 1 updated school-age play area
• 1 updated tot-age play area
• 1 decorative garden
• Updated planting and irrigation
• Field maintenance
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
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Figure 11 – Lakeshore Park 1
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ESTIMATE OF COST
$1,235,100

LAKESHORE PARK
Location: Lake Boulevard at Parkshore Drive
Size: 26 acres (10 acres turf, 16 acres water)
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Lakeshore Park is a neighborhood park located in northwest Newark.

The park is comprised of a man-made body of water surrounded by a perimeter network of pedestrian pathways and grass lawn. The 2017 Newark Citywide Parks Master Plan envisioned the activation of Lakeshore Park through an updated parcourse fitness trail and improved recreation amenities for community gathering.

The Master Plan recommended the creation of a new school-age play area, and associated seating, as well as four new outdoor fitness areas to create an active pedestrian and fitness circuit along the perimeter of the park. As the existing restroom is one stall in the boathouse, available to staff only; a new restroom for park users is recommended to better serve user needs.

Feedback from the community survey conducted during the Newark Citywide Parks Master Plan Update indicates that park lighting and additional seating are highly valued priorities. Accordingly, the Master Plan Update recommends enhancing lighting throughout Lakeshore Park, especially along the pathways, to improve safety, security, and ease of navigation. Additional recommendations include the establishment of group picnic areas, increased park seating such as benches, tables, and chairs, as well as the installation of trash receptacles and bike racks near the boat dock for convenient bicycle parking.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Lakeshore Park:
• 1 school-age play area and seating area
• 4 outdoor fitness areas
• Planting and irrigation
• Lighting
• Group picnic area including tables, chairs and benches • 1 new restroom
• Trash receptacles
• New bike racks at boathouse

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

ESTIMATE OF COST
$3,111,400
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Figure 12 – Lakeshore Park 2
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Figure 13 – Lakeshore Park 3
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Figure 14 – Lakeshore Park 4
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Figure 15 – MacGregor Playfields
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MACGREGOR PLAYFIELDS
Location: Cedar Boulevards
Size: 10.6 acres
Use: Community Park

OPPORTUNITIES AND VISION
Currently the City of Newark has a joint use agreement with the Newark Unified School District for the use of McGregor Playfields. The site contains an existing open field area, soccer field and parking lot. Under the joint use agreement, the city constructed the playfield, parking lot and structures, as well as performs ongoing maintenance while the School District pays for the irrigation. The open field area is in poor condition with rough and uneven grass.

At a stakeholder meeting with active cricket groups, they expressed the need for a dedicated cricket field in the City of Newark. They noted how hard it was to find space for practice and play in Newark and how they needed to find fields in other cities. They noted that it is hard to share fields with other sports, such as soccer, as the field requirements are different. McGregor Playfield has been identified as a possible location for a dedicated cricket pitch. The cricket pitch would require 3.75 acres of the 10.6 acre site. Additional parking may be needed, and the playfield would need to re-graded for a level site. A lighted cricket pitch would be optional. The existing soccer field would remain.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at MacGregor Playfields:
• 1 dedicated cricket pitch
• Field maintenance
• Lighting
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
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demands
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identity

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ESTIMATE OF COST
$551,800
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MACGREGOR PLAYFIELDS
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MAYHEWS LANDING PARK
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Figure 16 – Mayhews Landing Park
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MAYHEWS LANDING PARK
Location: Cherry Street at Montcalm Avenue
Size: 8 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Mayhews Landing Park is a designated neighborhood park near central Newark with existing recreational amenities that include a grass lawn, a perimeter path, playgrounds, an un-sheltered group picnic site, and full court basketball. To enhance the site as a part of Newark’s park system, the 2017 Newark Citywide Parks Master Plan proposed the update of Mayhews Landing Park’s existing playgrounds and the addition of a volleyball court as an amenity associated with the existing group picnic area.

During the community meetings conducted for the 2017 Master Plan, volleyball was identified as a desirable amenity. However, the recent community survey and usage assessment conducted during the development of the Newark Citywide Parks Masterplan Update revealed that volleyball is no longer a popular choice. The Master Plan Update recommends dedicating an area to adult fitness instead of a volleyball court, as this would likely see greater use and be a beneficial addition to Mayhews Landing Park. Additionally, the Master Plan Update suggests updating the existing group picnic area with new furnishings to replace the old fixtures alongside the regular upkeep and maintenance of turf fields.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Mayhews Landing Park:
• 1 updated school-age play area
• Adult fitness equipment
• Update group picnic area furnishings
• Field maintenance
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

ESTIMATE OF COST
$1,844,000
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Figure 17 – Mirabeau Park
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MIRABEAU PARK
Location: Haley Street at Mirabeau Drive
Size: 6 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Mirabeau Park is designated a neighborhood park located in northwest Newark. The site’s existing recreation amenities include a grass lawn, pedestrian paths, and a playground. To enhance the site as a component of Newark’s park system, the 2017 Newark Citywide Parks Master Plan proposed the update of the existing playground and the addition of a volleyball court and half court basketball to activate the site for enhanced recreational use.

As previously mentioned, volleyball was considered a desirable community amenity during the 2017 Parks Master Plan process.

However, based on recent community feedback and use assessment, it is no longer a high priority amenity. The Newark Citywide Parks Master Plan Update now recommends that a climbing wall would be a positive and valued addition to the parks and recreation facilities. Mirabeau Park has been identified as an ideal location for a climbing wall, catering to a wide age group of community members. Regular field maintenance to ensure the upkeep of turf fields is also recommended.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Mirabeau Park:
• 1 updated school-age play area
• 1 climbing wall
• 1 half court basketball
• Field maintenance
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

ESTIMATE OF COST
$689,500
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MIRABEAU PARK
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MUSICK PARK
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Figure 18 – Musick Park
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MUSICK PARK
Location: Musick Avenue at Cedar Boulevard
Size: 1 acre
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Musick Park is a 1-acre neighborhood park located in northeast Newark.

The park’s existing amenities include grass lawn, a playground, and a pedestrian path utilized for passive recreation. The 2017 Newark Citywide Parks Master Plan recommended the update of the existing playground and the addition of seating as well as a perimeter fence.

Fencing is recommended due to the high traffic volume on Cedar Boulevard. These features will improve user comfort and safety and enhance the site as a component of the City’s larger park network.

In addition to the updates recommended in the 2017 Master Plan, the Newark Citywide Parks Master Plan Update suggests adding benches throughout Musick Park to enhance usability and comfort for the community.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Musick Park:
• 1 updated school-age play area
• Seating
• Barrier fence
• Benches
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

ESTIMATE OF COST
$962,500
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Figure 19 – Newark Community Park
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NEWARK COMMUNITY PARK
Location: Cedar Boulevard at Chapman Drive
Size: 16 acres
Use: Community Park

OPPORTUNITIES AND VISION
Newark Community Park is one of the city’s largest and most active community parks. Located in northern Newark, the park contains a grass lawn, pedestrian pathways, playgrounds, picnic areas, full court basketball, wall ball, tennis courts, and a restroom. The park is adjacent to the city’s Community Center.

The 2017 Newark Citywide Parks Master Plan envisioned Newark Community Park to be a community open space with destination recreation features that will increase the site’s capacity to meet the city’s identified recreational needs. The Master Plan proposed the park to have a community dog park, accessible multi-age playgrounds, and reservable picnic sites. It was also recommended that the proposed picnic sites provide associated recreation features including volleyball courts, basketball, and an updated restroom. The inclusion of the proposed updates and recreational projects will significantly enhance the park’s capacity to meet the community’s current and future recreational needs..

The community dog park proposed in the 2017 Newark Citywide Parks Master Plan has been completed and is now fully operational. In addition to the other improvements suggested in the 2017 Parks Master Plan, the Newark Citywide Parks Master Plan Update recommends the following:
the creation of an all-abilities children’s playground and replacing one of the two proposed volleyball courts with a bocce ball court, which would be a complementary addition to one of the group picnic areas. Given that Newark Community Park is one of the city’s largest parks and often hosts various community events, the park would benefit from additional lighting as well as regular field and turf maintenance. The community would also benefit from updating the existing restroom facilities and providing an additional restrooms to the park.

As previously mentioned, pickleball has emerged as a rapidly growing sport popular across various age groups. In response to this demand, the Master Plan Update recommends that the City of Newark consider adding a dedicated pickleball court or converting an existing tennis court with appropriate striping for pickleball use.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Newark Community Park:
• 4 sheltered group picnic areas, with potential for reservation • 1 all-abilities play area for both school and tot age • 1 volleyball courts
• 2 bocce ball court
• 1 full court basketball
• 1 pickleball court - future
• 1 new restroom
• Updated existing restroom
• Updated planting and irrigation
• Additional lighting
• Field maintenance
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

community
identity

ESTIMATE OF COST
$4,193,000
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NEWARK COMMUNITY PARK
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SANCTUARY PARK
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Figure 20 – Sanctuary Park
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SANCTUARY PARK
Location: Sea Turtle Drive, Dragonfly Street., and Brush Rabbit Avenue Size: 3 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Sanctuary Park is a 3-acre neighborhood park constructed as part of the Sanctuary Village housing development. It currently consists of an irrigated open grass field with several newly planted trees. The irrigation for the park will be connected to reclaimed water in the future. The community ranked access to walking paths, updated children’s play areas, and group picnic/gathering areas important on the community survey. These elements are all consistent with the development of a neighborhood park and are recommended for Sanctuary Park. A halfcourt basketball is also recommended. An open grass field will provide space for informal field sports.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following projects are recommended for Sanctuary Park:
• 1 school-age play area
• 1 tot-age play area
• 2 group gathering/picnic areas
• 1 half court basketball
• Walking path
• Open playfield
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

ESTIMATE OF COST
$1,636,500
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Figure 21 – Shirley Sisk Grove
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SHIRLEY SISK GROVE
Location: Cedar Boulevard at North Magazine
Size: 2 acres
Use: Special Use Park

OPPORTUNITIES AND VISION
Shirley Sisk Grove is designated a special use park located in southwest Newark. The Grove has been host to the city’s summer concert for nearly thirty years, despite the site’s lack of permanent recreation facilities, utilities, or on-site parking. The 2017 Newark Citywide Parks Master Plan envisioned Shirley Sisk Grove as a permanent, outdoor performance space for Newark’s community. The suggested improvements include the placement of a permanent outdoor stage and stage shelter, a permanent restroom, storage for event materials, and planting and irrigation for outdoor seating. To further improve the Grove the Master Plan also proposed the addition of a play area and an on-site parking lot to improve site accessibility.

The City of Newark is collaborating with the development team of the NewPark Mall prior to finalizing the plans for the park. The recommendations outlined in the 2017 Newark Citywide Parks Master Plan remain relevant, and the Parks Master Plan Update additionally recommends the installation of drinking fountains to the previously proposed improvements. The inclusion of a loading area for events is also recommended.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following projects are recommended at Shirley Sisk Grove:
• 1 outdoor amphitheater, including outdoor stage and stage shelter • 1 storage
• 1 school-age play area
• 1 new restroom
• Pedestrian pathway
• Updated planting and irrigation
• Parking lot
• Drinking fountains
• Bike racks
• Trash receptacles
• Loading / unloading zone for events

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

community
identity

foster
connection

ESTIMATE OF COST
$3,085,300
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SHIRLEY SISK GROVE
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Figure 22 – Sportsfield Park 1
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SPORTSFIELD PARK
Location: Mowry Boulevard at Cherry Street
Size: 30 acres
Use: Community Park

OPPORTUNITIES AND VISION
Newark’s Sportsfield Park is a community park located in south Newark.

The George M. Silliman Community Activity Center is located within the park. With its active turf fields, Sportsfield Park is the city’s largest dedicated sport facility, regularly hosting soccer, baseball and softball events throughout the year. Sportsfield Park is currently home to natural grass and synthetic turf for recreation and competitive field sports, a youth baseball and softball field, a perimeter pedestrian path, and restroom.

The 2017 Newark Citywide Parks Master Plan envisioned Sportsfield Park as a destination spot and recreation facility for the City of Newark. The Master Plan proposed that the park provide an all-weather artificial turf field, a community skate park, and several updated natural turf fields as major community-serving projects. Additional proposed facilities included group picnic areas, playgrounds that incorporate traditional and water play features, a concession stand with restroom, updated pedestrian pathways, and an extended parking lot to serve additional demand.

With the completion of the new skate park, group picnic area, and allweather multi-use sports field, Sportsfield Park has become invaluable to the youth sports and recreation community and their families. Given the strong interest in baseball within Newark, the Newark Citywide Parks Master Plan Update recommends converting one of the multi-use sports fields into a dedicated baseball field. Feedback from the Newark baseball community highlighted the value of adding batting cages, and Sportsfield Park would be an ideal location for these, adjacent to the dedicated baseball field. Additionally, the inclusion of lighting at the baseball field would significantly enhance usability and safety for the community.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Sportsfield Park. The extent of these improvements will require a phasing plan:
• 3 natural turf, multi-sport field (140 ft x 200 ft)
• 1 natural turf, multi-sport field (200 ft x 300 ft)
• 1 natural turf, regulation soccer field (210 ft x 330 ft) • 1 group picnic area with shelter
• 1 group picnic area without shelter
• 1 school-age play area
• 1 tot play area
• 1 dedicated baseball field
• Batting cage
• Updated pedestrian pathway
• 1 new restroom and concession stand
• Updated existing restroom
• Updated planting and irrigation
• Parking lot
• Lighting
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

community
identity

foster
connection

ESTIMATE OF COST
$5,063,300
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Figure 23 – Sportsfield Park 2
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Figure 24 – Susan Johnson Bridgepointe Park
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SUSAN JOHNSON BRIDGEPOINTE PARK
Location: Spruce Street at Bridgepointe Drive
Size: 4 acres
Use: Neighborhood Park

OPPORTUNITIES AND VISION
Susan Johnson Bridgepointe Park is a neighborhood park located along the northwest edge of Newark. Currently the park has grass lawn, a playground, and two group picnic areas. To activate the site, while better meeting the identified recreation need in the city, the 2017 Newark Citywide Parks Master Plan proposed the creation of half court basketball and a volleyball court as well as an update to the existing playground.

During the 2017 Parks Master Plan process, volleyball was identified as a desirable community amenity. However, recent community feedback indicates that it is no longer highly valued. Instead, the Newark Citywide Parks Master Plan Update recommends installing a climbing wall at Susan Johnson Bridgepointe Park in place of the previously suggested volleyball court. This addition would serve a wide range of community members across various age groups.

RECOMMENDATIONS AND PROPOSED PROJECTS
The following updates and projects are recommended at Susan Johnson Bridgepointe Park:
• 1 updated school-age play area
• 1 half court basketball
• 1 climbing wall
• Bike racks
• Trash receptacles

ALIGNED MASTER PLAN GOALS
protect
and
support

demands
in
service

ESTIMATE OF COST
$1,276,800
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SUSAN JOHNSON BRIDGEPOINTE PARK
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IMPLEMENTATION
1 2 3 4 5 6 7
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SECTIONS

6.1 Proposed Projects

6.2 Prioritization Process

6.3 Priority Projects

6.4 Financial Analysis and Management

6.5 Capital Project Funding

6.1 PROPOSED PROJECTS
Individual park projects were identified throughout the planning process.

These projects range in variety of recreation provided and are listed below:
• Children’s Play Areas
• Amphitheater
• Bike Skills Park
• Community Garden
• Grass Turf Fields
• Group Picnic Areas
• Splash Pads
• Restrooms
This section provides information on the project types proposed in the Citywide Parks Master Plan; their location and description, as well as their cost considerations, necessary standards of maintenance, operating cost models, and potential revenue analyses.

Table 3 reports the probable annual maintenance cost, per proposed project.

Table 3 – Estimated Maintenance Costs
Project Annual Maintenance
Low High
Children’s Play Areas (9) $2,000 each $4,000 each
Shirley Sisk Grove $16,000 $22,000
Bike Skills Park $12,000 $19,000
Bike Skills Park $12,000 $19,000
Community Garden $6,000 $10,000
Grass Turf Fields $300,000 total $350,000 total
Group Picnic Areas $80,000 total $90,000 total
Splash Pads $4,000 each $6,000 each
CHAPTER 6: IMPLEMENTATION
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CHILDREN’S PLAY AREAS
Site
Birch Grove Park
Byington Park
Civic Center Park
Jerry Raber Ash Street Park
Mayhews Landing Park
Mirabeau Park
Musik Park
Newark Community Park
Susan Johnson Bridgepointe Park
Description
Playgrounds offer a host of opportunities for children to develop important skills such as cognitive, physical and social skills. Playgrounds serve as community spaces offering children the opportunity to engage in unstructured play that helps build social skills as well as a reduction in stress. Play equipment in most children’s playgrounds gets much use and needs to be replaced every 10-15 years with the most popular equipment needing repair or replacement more frequently. Surfacing such as a resilient playground surfacing (rubberized and cushioned play surface) and rubber mulch (shredded sustainable and resilient recycled rubber) needs annual assessment to assure safe fall zones. Shade structures should be added to playgrounds without shade from trees.

With most playgrounds in Newark’s parks being more than 10-15 years old, maintenance/repair or replacement is needed. A safety inspection and audit of Newark’s playground was conducted by a certified playground inspector in March of 2024. Several safety deficiencies were noted and recommendations for repair or replacement were made. In addition, the Consultant team identified ADA (Americans with Disabilities Act) deficiencies with the assessment of Newark’s parks.

Replacement of tot and school age playgrounds is recommended for the parks with the most severe deficiencies. There should be consideration of replacement with equipment that is focused on inclusivity accommodating all children including children with disabilities. With parks currently containing both tot and school age playgrounds, an all-inclusive playground may be considered. These are designed as a single playground combining both areas into one space that is physically accessible and welcoming to all children of all ages.

Cost Considerations
Regular repair and maintenance of play equipment is essential for safe children’s play areas.
• When using shredded wood (fibar) surfacing, the depth of the material needs to be regularly checked and replaced as needed.
• When using shredded rubber mulch or resilient play surfacing, the depth of the material needs to be regularly checked and replaced as needed to ensure that fall zones are maintained as safe and compliant.

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• Underground drainage is necessary to keep playgrounds dry during the winter.
• Equipment should be regularly cleaned.
• Shade structures should be added in playgrounds with no shade.

Standard of Maintenance
Children’s play areas should be maintained to ensure the safety of the children who use them.
• Inspect regularly. Perform daily, weekly and monthly inspections of the area and equipment.
• Check for hazards. Look for trash, broken glass and other debris.

Check for tripping hazards such as exposed roots, rock or footings. • Repair or replace when needed. Fix loose or missing components and replace parts that are damaged or worn.
• Cover hard objects. Ensure that surfacing covers all foundations. • Lubricate moving parts. Ensure all moving parts operate smoothly. • Check for vandalism. Look for signs of vandalism or inappropriate use of the area.
• Check for drainage. Ensure that the areas are draining to prevent standing water.
• Keep track of inspections. Keep a record of each inspection including the date, the items that need repair and who made the repair. • Encourage the community to report problems they observe with the equipment.
• Correct hazards immediately or prohibit access until the problem is fixed.

Operating Cost Model
The children’s play areas would be available for drop-in use at each of the 9 locations. Maintenance could be scheduled in a way that would have 1 off-line while the remaining 8 were still in use by the community.

This is an amenity that could be used throughout the day by caregivers, stay at home parents, childcare providers, home school groups, etc.

Depending on the amenities within the children’s play area B*K would estimate the operating cost to be $2,000-$4,000 per location.

Potential Revenue Analysis
Traditionally speaking it is extremely difficult to monetize children’s play areas like those described. However, when coupled with other park amenities like a shelter, they can enhance the rentability of those spaces.

There is also the opportunity for sponsorship of these amenities by local businesses, non-profits, etc.

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AMPHITHEATER
Site
Shirley Sisk Grove
Description
The proposed improvements to Shirley Sisk Grove will replace and expand the existing temporary facilities to provide a permanent venue for the site’s existing concert and performing art series, creating a permanent community outdoor amphitheater. The proposed enhancements will include a fixed restroom, band shell, storage, play area, parking, a vehicular loading zone, and grass lawn for outdoor seating.

Shirley Sisk Grove has hosted the city’s free summer concert series since its inception in 1987. Currently the site consists of approximately 2 acres of unimproved open space without permanent facilities or services such as a stage, restroom, or on-site electricity. To support the concert series, portable equipment is provided and installed on site. Additionally, the site has limited ease of access and no permanent parking for events.

Outdoor amphitheaters are valuable community assets that promote community cohesion, support of cultural arts, and connection to available natural resources.

Cost Considerations
City-sponsored summer concert series are popular in communities throughout the Bay Area, however cost considerations specific to the maintenance and sustainability of outdoor amphitheaters must be considered in the financial analysis of this project.

To minimize or manage maintenance costs of the proposed project, the city should:
• Provide adequate drainage to prevent standing water on turf • Incorporate a method to close the site during inclement weather • Open the facility only when programmed or reserved
• Provide a trash enclosure to contain debris and garbage • Install hand-washing stations outside of the restrooms for easy access Additionally, as an enhanced outdoor venue, there are limitations to year-round programming due to weather constraints.

Standard of Maintenance
For sustained use of the enhanced site, the city will need to adopt maintenance standards for the venue. Typical maintenance needs for an outdoor amphitheater include:
• Refuse pick-up and garbage removal
• Signage maintenance
• Path maintenance
• Restroom cleaning and stocking
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• Graffiti removal, as required
• Stage cleaning
• Landscape maintenance
• Routine inspection
Operating Cost Model
The 2023 National Recreation and Park Association (NRPA) Field Report reports that median expenditures for maintenance of parkland is nearly $8,106 per acre for communities of similar size to Newark. Based on this national median, maintenance expense for the 2-acre site and proposed amenities are expected to range from $16,000 to $22,000, annually.

The biggest cost associated with the operation of the amphitheater will be the maintenance of the location, as outlined above. That figure will increase or decrease depending on the number of events, rentals, and programs that are held annually. It is also important to note that the costs associated with offering a summer concert series are typically offset by the organization, or through donations. In some instances, those donations will support a series of concerts 4-8. There are also instances where city’s will seek sponsors for individual concerts to expand the concert series.

Potential Revenue Analysis
The existing concert series program has been supported through:
• Corporate and local business in-kind sponsorship
• Newark Betterment Corporation nonprofit funding
• Measure U (utility users’ tax) to maintain staffing levels By investing in this location, the city moves from a temporary seasonal facility to a year around amenity. In addition to the summer concert series, the city could consider renting the space for a variety of special events (ex. group picnics, school performances, graduation ceremonies, weddings, etc.) Rentals and other special events could be enhanced with the addition of food trucks and rentals of space.

Outside of renting this amenity it also provides an opportunity to enhance the program offerings to the community. Those programs could include, but are not limited to:
• Youth/Adult Theater
• Dance Performances
• Group Exercise Opportunities (yoga, Tai Chi)
• Poetry Readings
The programming that takes place in that space should be driven by community input. It is assumed that with those programs, they would be run by the city, or a vendor, and follow the prescribed pricing and cost recovery strategy.

With the combination of concert series opportunities, rentals, and programming this location could become a cultural hub of the community.

With the proposed enhancements at this location, renting the Grove for large group picnics at a fee of $500 for a day use with 10 rentals over the summer (1 per week) could generate $5,000 in fees. Additionally, the popularity of food trucks creates an opportunity to rent parking stall spaces during concerts, generating additional funds.

The city might strongly consider a set-up and cleaning fee in addition to the rental rate.

Table 4 – models potential annual revenue based on the strategies mentioned
Strategy Potential Revenue
Grants/Sponsorship of Concert Series $25,000-$40,000
Rentals (20 annually @ $500 per rental) $10,000
Programs (1 per month, 20 participants
$50/participant)
$12,000-$15,000
Total $47,000 - $65,000
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Maintenance Reserve Funding
The use of this facility during active summer seasons, exposure to the elements, and its slightly secluded location necessitates a replacement plan and funding strategy. The cost of the amphitheater and stage shelter is estimated at $532,000. If the amphitheater has a 40-year life, the annual commitment to reserve funding should be $15,000 to $18,000.

This figure should be cost adjusted for inflation.

BIKE SKILLS PARK
Site
Birch Grove Park
Description
The proposed bike skills park will be the first of its kind in the tri-city area, located at Birch Grove Park in the City of Newark. The project will host several pre-fabricated bike skills structures as well as user amenities such as shaded seating. These features will allow users to develop bikehandling skills and to create in a space exclusively for this activity.

Bike skills parks are specialized recreational facilities that provide a variety of features used for teaching, training, and competing in bike sports.

Typical bike parks include features such as undulated ramps and surface mounds for users to hone their abilities. Bike skills parks create a safe place to ride without pedestrian and vehicular conflict and allow bike riders to practice skills outside of traditional skate parks. Additionally, bike skills parks host specialized features for users to perform and practice skills while also serving as a community gathering area.

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Cost Considerations
The proposed bike skills park will be open during standard park hours, sunrise to sunset, dependent on weather. As the tracks are weather sensitive, similar to grass fields, the facility should be closed during inclement weather. The bike skills park will be fenced and located in a high visibility location within the city’s Birch Grove Park, to limit undesirable uses. Signage will be important to emphasize site rules and frequent inspections of the bike park, in accordance with other park elements, will be important to offset potential maintenance issues. In consideration of cost, the City of Newark should also provide adequate drainage from the site and utilize high quality materials and structures that will sustain use, weather and time.

Standard of Maintenance
For sustained use and success of the proposed project, the City should adopt maintenance standards to ensure the site’s care. Though maintenance requirements vary upon materials used for construction, typical maintenance requirements for bike parks include:
• Cleaning of seating areas
• Structure maintenance
• Landscape maintenance, as necessary
• Litter and debris pick-up, removal of hazardous rocks • Erosion maintenance
• Routine inspection and maintenance of signage, fencing and gates • Storm water control features
• Park closure as needed during inclement weather
Operating Cost Model
As the development of bike skills parks is new to traditional recreation planning, historic maintenance cost data is limited, with costs varying widely. The International Mountain Bicycling Association (IMBA), however, recommends an annual maintenance budget of approximately 3% to 5% of the park’s construction cost. Based upon these guidelines, the annual estimated maintenance cost for the proposed bike skills park would range from $12,000 to $19,000. This estimated annual expense includes maintenance of the structures, park grounds, perimeter fencing and gates, and seating areas. The IMBA, a non-profit educational association, is a resource to the biking community and is active in supporting development of bike skill parks to teach skills and bike safety.

Local benchmarks for comparison include bike facilities supported in the cities of Lafayette and Pleasanton. The proposed Lafayette bike park, at

1.8 acres, is expected to generate maintenance costs of $15,000 annually.

Pleasanton’s dirt, BMX bike park, at 2 acres, generates nearly $7,200 in maintenance costs annually.

The use of volunteers may reduce maintenance costs through organized workdays and the provision of in-kind services. However, those volunteers will need to be scheduled, potentially trained, and supervised.

Potential Revenue Analysis
Admission to a bike skills park is generally without charge. These parks are viewed as community assets with recreational value. Biking programs, classes, skill camps, private rentals, competitions, and exhibitions may be a source of limited revenue. However, the provision of programming may reduce net revenue due to associated program costs to the city.

Revenue potential for the proposed project is estimated to range from $10,000 to $12,000, annually. The following is illustrative of the programming and assumptions made to achieve this projected potential revenue.
• Bike Skill Park Rentals for Parties or Private Events: Revenue Potential $3,000
○ 2-hour rental
○ $125 rental rate
○ 4 rentals per month
○ 6-month spring-summer season
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• Morning and Afternoon Skill Camp: Revenue Potential $9,600 ○ 6 half day, week-long camps
○ $160 x 60 participants
○ 10 participants per camp

COMMUNITY GARDEN
Site
Cedar Boulevard Linear Park
Description
The community garden will be a focal point of the proposed Cedar Boulevard Linear Park. The enclosed garden will provide 43 raised planting beds, irrigation, communal storage, and decomposed granite pathways. This project is expected to be a user-friendly amenity that encourages ownership and food production for personal consumption and contribution. The proposed facility will be member-based with the rental of a garden plot and the expectation that members maintain common areas.

Community gardens are desirable assets that provide not only a safe space to grow produce, but also add aesthetic and cultural vibrancy to their surroundings. Community gardens support community cohesion and gathering, and can also serve as places of environmental education.

Some established gardens serve as horticulture teaching centers with interpretive signage, planting information kiosks, and scheduled programs relating to topics such as composting.

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Cost Considerations
To minimize the cost of this proposed project, the city should consider volunteer organizations to aid in the site’s construction and development. Additionally, the site should utilize weather tolerant materials.

Standard of Maintenance
For sustained use of the proposed community garden, the city will need to adopt maintenance standards for the project. Community gardens require relatively little maintenance, with standard maintenance practices including:
• Refuse pick-up for offsite disposal
• Irrigation and watering system repairs
• Signage maintenance, if applicable
• Path maintenance
• Fence maintenance
In many cases, however, municipalities interested in developing such a project partner with local organizations, such as garden clubs, to support basic maintenance needs. This often results in basic maintenance tasks included in the community garden’s membership policies and completed by site users.

Operating Cost Model
The projected maintenance costs for this facility are minimal as it is assumed users provide most of the daily upkeep. Dependent upon member and volunteer group support, the annual maintenance cost estimate ranges from $6,000-$10,000
Potential Revenue Analysis
Plot rentals provide the basis for cost recovery at community gardens.

Comparable rates for cities neighboring Newark follow.

Local Ecology and Agriculture Fremont (LEAF) is a member-based community garden organization in Fremont. This group provides garden plots, at its LEAF Center, to residents of Fremont, Newark and Union City. The cost of plot membership includes water, access to a portable restroom, trash and recycling, and maintenance and repairs. Plot users are members required to assist with the maintenance of the common areas. LEAF also provides members with classes, demonstrations, workshops, and planting materials for purchase. LEAF’s membership prices are included below.

Table 5 – LEAF Membership Prices
Plot/Planter at LEAF, Fremont Annual Membership Fee
Standard Planter: 4’x12’x18” raised bed $300
Membership at the Union City Community Garden is prioritized based on members’ residency within the city. This garden maintains 17 plots and membership fees include, water, compost, sand and fertilizer, and gardening tools. As is typical, members of the Union City Community Garden must assist with maintenance and upkeep of the common areas.

Membership prices are included below.

Table 6 – Union City Community Garden Membership Price
Plot/Planter at Union City Community
Garden
Annual Membership Fee
Standard Planter: 15’x30’ raised bed $250
Based on the above information, the proposed Newark community garden may be expected to generate $10,750 annually if membership is priced at $250 per person for the 43-plot site. This revenue does not include the potential donation of excess garden food to non-profit organizations, or the potential to showcase a farmers’ market in adjacent areas as a special event.

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Cost Considerations
Grass fields require regular maintenance and water usage in order to sustain playing field conditions. Grass turf requires resting periods to recover from intense sport use and thereby may experience overuse if the demand for practice and game time is high. Grass fields easily suffer from drought conditions which increases maintenance needs due to gopher holes, bald spots, overuse, and field tracks. Adversely, there is also the loss of days the fields are usable due to weather that renders the turf not viable.

Standard of Maintenance
A minimum standard of maintenance will preserve the proposed fields for public use while addressing safety concerns. This minimum standard includes weekly mowing during seasons of use, weed control, seeding, fertilizing, rolling, topsoil placement, irrigation maintenance, debris cleanup, field drainage maintenance, and special event preparation and cleanup.

Intensification of scheduling and multi-use pushes the limits of turf recovery with excessive foot traffic leading to compaction and bare areas. The proposed fields will require recovery periods and rotation of use to maintain ideal field conditions. The fields must also have effective drainage systems to move water off site. The city should note that intense play schedules require an increase in materials and equipment, irrigation repairs, staff labor, field aeration, and mowing.

Operating Cost Model
Table 7 identifies the likely costs for maintenance of the proposed grass turf fields. The cost model is without set-aside funding for replacement of the fields.

GRASS TURF FIELDS
Sites
Birch Grove Park 2 Multi-Sport Fields 140’ x 200’
1 Open Play Field 140’x 200’
Civic Center Park 1 Multi-Sport Field 140’ x 200’
Jerry Raber Ash Street Park 1 Multi-Sport Field 140’ x 200’ Sportsfield Park 4 Multi-Sport Fields 200’ x 140’
2 Multi-Sport Fields 300’ x 200’
2 Regulation Soccer Fields 330’ x 210’
Macgregor Field Soccer Fields, potential Cricket Pitch
Sanctuary Park 1 Open Play Field 140’x 200’
Description
The City of Newark proposes the creation of new grass turf fields throughout its park system, with the majority of the fields irrigated with underground systems. Though grass playing fields are a popular and reliable source for recreation, they face challenges that impact their use and maintenance. Grass fields are susceptible to weather conditions and require regular closure to allow their rest and prevent overuse.

Grass fields are the most common field playing surface provided by municipalities, with lighting occasionally also provided to maximize use.

The proposed grass fields will not be lit.

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• If the City does not already do so, there needs to be a field reservation system put in place, so that the City knows what groups are using the fields when. While drop in play should be encouraged, groups, practices, and competitions need to be scheduled.

Fee Assumptions
• The rates are based on Newark community use
• The rates are based on community use during the weekday and primetime/tournament use on weekends
• Rates are based on single category/group classification. Fee adjustments for group categories will impact recovery rates Table 8 – Revenue Potential from User Fees of Grass Turf Fields Field Use Revenue
Per Day Field
Availability
Average
Hrs Per
Day
No. of
Days per
Year
% of Hrs
Used
Estimated
Total No.
of Hrs
Used
Rental
Fees/Hr
Totals
Weekday
(MondayThursday)-
Spring/Summer
9 104 80% 749 $35 $26,215
Weekday
(MondayThursday)-Fall
7 51 60% 214 $35 $7,490
Weekend (FridaySunday)-Spring/
Summer
9 76.5 80% 551 $35 $19,285
Weekend (FridaySunday)-Fall7 38 60% 160 $35 $5,600
Revenue from
User Fees Per
Year
$58,590
Table 7 – Operating Cost Model (assumes 1 acre, or 43,560 sf) Annual Maintenance
Mowing $2,500
Irrigation Repair $500
Sweep, Cleaning, and Trash $500
Annual Turf Repair and Striping $1,000
Over-seeding $2,000
Aeration $1,500
Top Dressing $3,000
Materials - Natural Turf $1,000
Water Use $15,000
Estimated Annual Maintenance Cost Per
Field without Set-Aside $27,000
The proposed grass fields comprise nearly 11 acres in size (482,600 sf), making their estimated annual maintenance cost range from $300,000 to $350,000. Depending on the standard of care the city agrees to, these costs could increase exponentially.

Potential Revenue Analysis
The community demand for field use is high and cannot be met by the City’s existing supply of grass fields, with the current demand for field use highest among youth sports organizations. The scenario below is an example of the revenue that could be generated based on the assumptions listed.

General Operating Assumptions
The preliminary operating assumptions are summarized below. • Community use on weekdays and primetime use on weekends • Field availability is March through November with fields closed for the winter season from December through February, annually
• Operating Hours: Monday-Thursday 8am - Dusk
Friday-Saturday-Sunday 8am - Dusk
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Table 9 – Rental Rate Comparisons for Grass Turf Fields Field Use Rental Rates
City Type Resident Non-Resident
Newark 1 Sportsfield Park & Birch Grove
- no lights.
$25-$45/hr $35-$50/hr
Fremont Grass Sports Field-no lights $10-$20/hr $40/hr
Union City Ball Fields and Open Grass
Rates
$5/hr-$20/hr $25/hr
1 Newark Summer Activity Guide 2016

GROUP PICNIC AREAS
Site
Bayshore Park (2)
Birch Grove Park (1)
Civic Center Park (1)
Dumbarton Neighborhood Park (1)
Jerry Raber Ash Street Park (1)
Newark Community Park (4)
Sportsfield Park (2)
Sanctuary Park (2)

Description
The city’s proposed group picnic areas will provide tables and benches and include barbeques and food preparation areas at several specific sites. Dependent on the park site proposed, the picnic areas may be shaded or sited under a permanent structure. Depending on the city’s policy, the new group picnic areas will be reservable for guaranteed access or provided on a first come, first served basis.

Group picnic areas provide an ideal location for warm-weather gatherings. Cities generally provide group picnic areas and barbeque facilities to encourage utilization of parks, social interaction, family cohesiveness, and promotion of outdoor leisure activities. These facilities are used to host a variety of family and group events including reunions, Packet Page No. 325
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birthday parties, team outings, company events, and informal social gatherings. Typical amenities offered may include stations for washing and cleaning, barbeques, electricity, lighting, and signage. Convenient and accessible trash and recycle receptacles are additionally important to facilitate the cleanup process.

Cost Considerations
To minimize costs, the city should take in to account the importance of clear signage to deter unwanted uses and alleviate potential tensions regarding reserved times. Additionally, additional City staffing hours may be necessary to manage participant needs throughout the proposed sites.

Standards of Maintenance
To ensure the success and sustainability of the proposed picnic sites, the City should adopt a standard of maintenance for the picnic facilities.

Typical maintenance needs include:
• Refuse pick-up for offsite disposal
• Signage maintenance
• Cleaning of food preparation areas
• Maintenance and cleaning of seating areas
• Graffiti removal, as needed
• Blowing of debris and path clearing
• Barbeque cleaning
Operating Cost Model
The City of Newark does not currently reserve group picnic areas. The city should strongly consider instituting a reservation program, for which there will be expense and revenue implications. Expense examples include the need for increased staffing when necessary, such as on weekends and holidays when picnic reservations are most frequent.

The proposed group picnic areas vary in size, type and quantity of site furnishings and amenities provided. The cost estimates listed in Table 10 identify new maintenance costs to the city and do not include current maintenance costs for existing park acreage and existing picnic areas. To estimate the probable maintenance expenses for the facilities the Newark Public Works Department projected unit costs, within accepted industry standards, which were applied to the various sites and their proposed amenities.

Table 10 – Annual Maintenance Cost
Picnic Amenities Quantity Maintenance
Cost Total
Shelter, picnic tables, pad w/ barbecue pit 8 $7,700 $61,600 Shelter, picnic tables, pad w/o barbecue pit 1 $6,700 $6,700 Picnic tables, pad, w/ barbecue pit 1 $6,000 $6,000
Picnic tables, pad w/o barbecue pit 2 $5,000 $10,000
Total 12 $84,300
Potential Revenue Analysis
To generate revenue to partially offset operating costs from the provision and reservation of group picnic areas, a fee schedule and reservation policy should be instituted with support and enforcement of the permit process. With reservations come expectations from the community that the city will support the program for it to be successful. The city’s role will be to process reservation requests, provide and update website descriptions, issue use permits, collect fees, and coordinate with the parks staff to provide enhanced cleanup and maintenance, and enforce site reservations. Reservations are generally viewed as a service and benefit to the community for which they must contribute toward the expense.

A comparative analysis of local group picnic reservations provides a benchmark for establishing fees, with fees varying up the sites’ capacity and location. The following information puts forth the reservation fees enforced by the cities of Fremont and Union City.

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The City of Fremont hosts 7 different parks with reservable space at picnic sites. Table 11 outlines the reservation fees enforced at Fremont’s Central Park based on several of the park’s reservable areas, as designated by the city.

Table 11 – Fremont Central Park Group Picnic Reservation Fees, by Reservable Area
Fremont Central Park - Reservable Area Capacity
(Individuals)
Resident Fee Non-Resident
Fee
Mammoth 20 $50 $55
Dock 30 $75 $85
Brook 2 40 $100 $115
Triangle 1 50 $125 $145
Always Dream 1 60 $150 $175
Kennedy 70 $175 $205
Always Dream 2 80 $200 $235
Lions 2 90 $225 $265
Area B 100 $200 $235
Area A 350 $660 $930
Area C 350 $740 $1,040
*By reservable area
Union City hosts a variety of reservable picnic sites at 12 of its parks.

Table 12 outlines reservation fees enforced at a selection of Union City’s parks and their reservable picnic sites, as designated by the city.

Table 12 – Selection of Union City Picnic Reservation Fees by Park and Site
Park and Site Capacity
(Individuals)
Resident
Fee Non-Resident Fee
William Cann Civic- Egret 10 $35 $70
Shorty Garcia 20 $40 $80
Accinelli Park 30 $45 $90
Arroyo Park 40 $55 $110
Seven Hills Park- Kitayama 60 $80 $160
Kennedy Park- Camarillo Brown 70 $82.50 $165
Old Alvarado- Gazebo 75 $115 $230
Dry Creek 80 $95 $190
Contempo 100 $125 $250
Kennedy Park- Amphitheater 125 $150 $300
Kennedy Park- Daniel Camarillo 130 $165 $330
The fee schedules developed for the cities of Fremont and Union City consider site capacity, the number of people served, popularity of the designated site, and the associated amenities. Popularity of group picnic sites is based upon the park amenities, such as sports fields, and the scheduling of tournaments and game play.

Fee assumptions were developed to identify the potential revenue for the City of Newark. The Consultant developed assumptions that assume an average fee, system-wide, and that participant capacity will be 30 to 60 individuals per site. Changing any of the assumptions may have a significant impact on the estimated revenue.

Table 13 reveals the proposed Newark park reservation fee structure.

Table 13 – Proposed Newark Park Reservation Fee Structure Sheltered or Unsheltered Picnic
Site
Capacity
(Individuals)
Resident
Fee
Non-Resident
Fee
With Shelter 30 to 60 $85 $150
Without Shelter 30 to 60 $65 $120
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Based on the proposed fee structure, Table 14 represents projected revenue estimates regarding the 12 new group picnic site reservations, assuming demand is equal for all sites.

Table 14 – Projected Revenue Estimate
Revenue Assumptions -Summer Weekends - Saturday & Sunday Assumptions Site Rental Days Fees Collected Revenue
Potential
9 Shelter Group Picnic Sites-Proposed
(Saturdays and Sundays) 234
Percent of Site Rentals (90%) 211
Rentals by Residents (80%) 168 $85 $14,280
Rentals by Non-Residents (20%) 42 150 $6,300
Holidays and Special Events 90 $250 $22,500
3 Non-Shelter Group Sites-Proposed
(Saturdays and Sundays) 78
Percent of Site Rentals (90%) 70
Rentals by Residents (80%) 56 $65 $3,640
Rentals by Non-Residents (20%) 14 $120 $1,680
Revenue Potential $48,400
This conservative estimate may be doubled if the city grants half-day permits, allowing 2 rentals per site each weekend day. The provisions of electrical power or a process for renting a jump house are also examples of opportunities to generate additional income.

SPLASH PADS
Sites
Birch Grove Park (481 sf)
Byington Park (1,252 sf)
Description
A new splash pad is recommended for Birch Grove Park as the existing splash pad at the park is not in working condition and an update of 1 existing splash pad, at Byington Park. These facilities will be comprised of rubberized matting, water spray heads, and various play structures for youth.

Splash pads are user-friendly, outdoor aquatic amenities that often serve as destination features for community members with toddlers, preschoolers, and depending upon the features, pre-teens. Popular splash pad features include vibrant colors and shapes and sequencing spray patterns that maintain the interest of young users. A healthy outdoor play amenity, splash pads offer unique water-based recreation for children and families.

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Cost Considerations
There are 2 typical approaches to the creation of splash pad water systems. The first operates similar to a pool facility with chemicals, filters, and pumps (as well as UV and other sanitizing agents) stored in a tank below the play surface that re-circulate water through spray features. The second approach uses potable water from a city’s system, which flows through the splash pad once before it is sent to the municipal sanitary system or repurposed another way, such as irrigation. The option the city selects will have implications for the maintenance budget, staff resources, and the community’s commitment to water-wise conditions.

Note: Some states are leaning toward the concept of requiring UV and treating water.

Standard of Maintenance
To ensure the success and sustainability of the proposed splash pads the city should adopt a standard of maintenance for the facilities. Typical maintenance needs necessary for community splash pads include:
• Refuse removal
• Signage maintenance
• Cleaning and maintenance of surfaces and features
• System check and repairs for valves, spray heads and filtration system • Removal of organic plant material
• Sanitization protocols
Operating Cost Model
Splash pads typically maintain low maintenance costs when compared with outdoor pools. Based on Consultant experience and standards, the aforementioned maintenance practices will be expected to cost between $4,000 and $6,000, annually, per splash pad. This projection does not include utilities or chemicals if the city were to select that option.

Revenue Potential
Despite the popularity of this feature, the revenue potential is limited.

The proposed splash pads are integrated into the city’s park system, are not fenced, and are provided as a site amenity. Private rentals for parties can be a source of limited revenue, however, this requires policies regarding closing the facility to the public, notification, and ensuring access to renters. If the city offered rentals of the splash pads during specified times, the revenue potential would range from $2,000 to $3,000, per site, or a total of $6,000 to $12,000 for the 3 sites. These figures assume a 2-hour rental at a cost of $100, with 2 to 3 rentals at each park per week for 10 weeks.

As a potential revenue generator, the consultant team recommends renting splash pads. In many instances these amenities are viewed much like a child play area. If the splash pad is in close proximity to other “rentable” amenities it increases the attractiveness of said amenity and potentially increases that rental rate and frequency.

6.2 PRIORITIZATION PROCESS
The consultant team conducted a detailed prioritization process to evaluate each of the proposed recommendations.

This process was guided by seven key criteria, each of which was assigned a value based on its relative importance.

The evaluation criteria were as follows:
• Code and Regulation (5)
• High Priority of the Community (4)
• Fulfills Unmet Needs (3)
• Service Area (3)
• Potential Revenue Generation (2)
• Included in Previous Planning Efforts (2)
• Operational Efficiency (1)
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Each criterion was assigned a value from 1 to 5, with 1 being the lowest and 5 the highest, reflecting the level of importance relative to the other criteria. A recommendation could earn up to 20 points in total, with the highest points awarded to those meeting Code and Regulation requirements.

Based on survey results and community feedback, the recommendations were evaluated and assigned points, with final scores ranging from 1 to 14 points. The top-scoring recommendations, which focused on site improvements, received either 13 or 14 points. This prioritization process revealed that the community values the enhancement of existing facilities over the introduction of new elements in parks. These insights have directly informed the priority projects, which are discussed in further detail in Section 6.3, Priority Projects.

For a detailed break out of the prioritization matrix Appendix F.

6.3 PRIORITY PROJECTS
The following park projects have been identified as the top four actionable priorities in the Citywide Parks Master Plan Update. Prior to this update, the City of Newark recognized several recreation projects that were highly desired by the community. Both the 2017 Citywide Parks Master Plan and the 2013 General Plan highlighted the need for a skate and bike park, multi-purpose all-weather turf fields at Sportsfield Park, and a dog park for community use. Since then the skate park, multipurposed all-weather turf fields, and the dog park have been completed.

In response to an updated assessment of community needs, the Master Plan Update now prioritizes the following key projects:

1. Children’s Play Areas

2. Restrooms – Improved or new facilities.

3. Maintenance and Play Fields – Upgrades and enhancements to existing fields.

4. Trails and Pathway Improvements – Enhancements to
connectivity and access.

Based on community feedback gathered from outreach events, digital surveys, and stakeholder interviews, the focus of the Master Plan Update has shifted towards the overall upgrade and maintenance of existing park amenities and infrastructure, rather than new, park-specific projects.

Each of these priority areas is discussed in greater detail in the following sections, along with the parks best suited for these improvements.

CHILDREN’S PLAY AREA ($902,753)
A certified playground safety inspection and audit of Newark’s playgrounds was conducted by a certified playground inspector with Sedgwick Risk Control on March 19 and 20, 2024. Several playgrounds at multiple parks were inspected, these include:
• Birch Grove Park
• Byington Park
• Civic Center Park
• Newark Community Center Park
• Jerry Raber Ash Street Park
• Mayhews Landing Park
• Mirabeau Park
• Musik Park
• Silliman Preschool Playground
• Susan Johnson Bridgepointe Park
The conditions of the playgrounds observed were measured against the standards established by the American Society for Testing Materials Standard F1487-21 and the guidelines established by the Consumer Product Safety Commission handbook for Public Playground Safety, Publication #325 (2015).

Hazards identified are prioritized based on the following factors:
• Probability – the likelihood that users would encounter the hazard. • Probability – the probability that users could have an accident as a result of the hazard
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Priority 1 – Permanent disability, loss of life or body part (Condition should be corrected immediately)
Priority 2 – Serious injury resulting in temporary disability (Condition should be corrected as soon as possible)
Priority 3 – Minimum non-disabling injury (Condition should be corrected very soon)
Priority 4 – Potential for injury very minimal (Condition should be corrected if it worsens)
Priority 5 – Existing condition does not present a hazard at this time, or the condition is non-compliant with out posing a risk of injury (Action determined by the entity based on its priorities)
See Appendix G for detailed evaluation of each playground Based on the inspection reports, the current condition of the play equipment and the priority list noted above, the children’s play areas at the following parks have emerged as the highest priority projects which are in need of playground infrastructure upgrades, replacement, and/or repair:
• Jerry Raber Ash Street Park
• Mirabeau Park
• Newark Community Center Park
While upgrading the existing children’s play areas will benefit the community, there has been strong feedback and demand for an “AllAbilities Playground” in Newark’s Parks and Recreation facilities. This has been a prominent topic of discussion among community members and staff, highlighting the potential to bring significant value and a meaningful experience to Newark’s families and children.

An All-Abilities Playground is a thoughtfully designed play space that accommodates children of all physical, sensory, and cognitive abilities.

Unlike traditional playgrounds, these inclusive environments are equipped with features such as wheelchair-accessible ramps, sensoryrich play elements, and equipment that encourages cooperative play between children of varying abilities. The goal is to create an environment where every child can safely explore, engage, and enjoy play without barriers. The benefits of an All-Abilities Playground extend beyond physical activity—it fosters social inclusion, boosts confidence and independence, and promotes empathy and understanding among children by encouraging diverse interactions. Additionally, these playgrounds provide opportunities for children to develop motor skills, sensory processing, and cognitive abilities in a fun, accessible, and supportive setting.

After evaluating several parks within Newark’s park framework, the consultant team has identified Newark Community Center Park as the most suitable location for an All-Abilities Playground. This determination was based on the park’s current programming, potential for future expansion, and the availability of sufficient space to accommodate the playground. Given these factors, Newark Community Center Park offers the ideal setting for an All-Abilities Playground that will meet community needs and enhance recreational opportunities.

For a detailed break out of probable costs for the proposed All-Abilities playground at Newark Community Center Park, see Appendix E.

RESTROOMS ($381,867)
Several restrooms within the Newark Park system are outdated, in poor condition, and pose health and safety concerns for the community.

Proper restroom facilities are essential for maintaining the overall usability of park spaces, ensuring that they are safe, clean, and welcoming for all visitors. Inadequate or poorly maintained restrooms not only detract from the park experience but also limit access and discourage community members from fully enjoying the amenities. In response to community feedback, upgrading park restrooms ranked as one of the highest priorities, underscoring the strong demand for modernized, accessible, and sanitary facilities. Addressing this need would significantly enhance the overall park experience by providing Packet Page No. 331
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visitors with clean, functional spaces that support longer visits and broader use of the parks.

Making the upgrade and replacement of restroom facilities a priority will directly address the needs expressed by residents, creating a healthier, more enjoyable environment for park-goers of all ages. This investment will contribute to a more inclusive and accessible park system, reflecting the community’s desire for improved infrastructure and demonstrating the city’s commitment to enhancing the quality of life for its residents. By modernizing restroom facilities, Newark will further increase the usability, safety, and appeal of its parks, ultimately promoting greater community engagement and enjoyment.

Investing in improved restroom infrastructure will not only increase the usability of the parks but also reflect the city’s commitment to providing a safe, clean, and enjoyable experience for residents and visitors alike.

The Masterplan Update recommends prioritizing upgrading and/ or replacing restrooms at all parks which currently have existing restrooms. It is important to note that replacing the restrooms, rather than attempting to upgrade the outdated structures, would be a more equitable and logical approach, as the aging construction and infrastructure make renovation less cost-effective and efficient in the long term.

Additionally, the inclusion of new restroom facilities at the following parks some of which currently do not provide any restroom facilities for the community:
• Lakeshore Park
• Shirley Sisk Grove
As well as new restrooms and updates to the existing restrooms at the following parks:
• Newark Community Center Park
• Sportsfield Park
For a detailed breakdown of probable costs for the proposed restroom additions, replacement and/or upgrades, see Appendix E.

MAINTENANCE AND PLAY FIELDS ($208,421)
Proper maintenance of the open fields within the Newark Park system is essential for the safety and enjoyment of the entire community.

These fields are widely used by various groups for recreational sports practices, organized leagues, and informal play, with soccer being one of the most popular outdoor activities. With many games extending into the evening when natural lighting is limited, it becomes critical to ensure that the fields are well-maintained, free of trip hazards, burrows, and other potential dangers that could compromise the safety of players. Providing safe, level, and hazard-free fields allows community members to continue enjoying outdoor sports with confidence.

In addition, proper field maintenance, including fine grading, is vital to create level playing surfaces that support safe and fair play. This also ensures adequate drainage and irrigation, which are necessary to keep fields in optimal condition year-round. By preventing water buildup and uneven surfaces, proper grading and irrigation extend the usability of the fields in various weather conditions, promoting continuous outdoor recreation. Prioritizing regular maintenance of these fields enhances the quality of outdoor spaces and reflects the city’s commitment to providing safe, accessible, and enjoyable facilities for all. Furthermore, prioritizing the safety of the Newark community—especially its children—demonstrates the city’s commitment to investing in safe, accessible, and enjoyable outdoor facilities for all residents.

The following parks have existing fields that will need regular maintenance:
• Birch Grove Park
• Jerry Raber Ash Street Park
• Mayhews Landing Park
• McGregor Playfields
• Mirabeau Park
• Newark Community Park
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While the demand for a dedicated cricket pitch did not emerge as a high-ranking need in the community survey and outreach, the consultant team has conducted evaluations on potential locations for a future cricket pitch, should the city choose to move forward with this project. Based on the spatial and field requirements for cricket, McGregor Playfields has been identified as the most suitable location to accommodate a dedicated cricket pitch. This proactive assessment ensures that Newark is prepared to meet the evolving recreational interests of its community.

TRAILS AND PATHWAY IMPROVEMENTS ($373,395)
Outdoor trails and pathways are a vital component of the open space and parks network in the City of Newark, offering both recreational and practical value to the community. These trails ranked highly among community members during the survey and outreach process, emphasizing the importance of accessible, well-connected outdoor spaces. Trails not only provide opportunities for walking, running, and biking but also enhance the overall park experience by linking individual parks and open spaces, creating a cohesive network of recreational areas.

These exterior connections magnify the enjoyment of each park by allowing residents to easily explore and engage with different amenities, fostering a greater sense of community and encouraging outdoor activity. Well-maintained and thoughtfully designed trails contribute to a more connected, accessible, and vibrant park system that supports the health and well-being of Newark’s residents.

Proper maintenance of paths and trails is essential to ensure they remain safe, accessible, and enjoyable for all users. Key aspects of trail upkeep include regular fine grading and leveling to maintain smooth, even surfaces, reducing the risk of trip hazards or uneven terrain. Weeding and vegetation control are equally important to keep pathways clear and prevent overgrowth from obstructing users. The removal of trip hazards such as cracks, roots, or debris, along with addressing slippery surfaces, is crucial for maintaining the safety of those walking, running, or biking on the trails.

Ensuring proper surface drainage is also a key component, preventing water accumulation that could lead to erosion or create dangerous conditions. Additionally, all trails must adhere to code-compliant accessibility standards, including maintaining appropriate cross slopes and running slopes to accommodate individuals of all abilities. Consistent maintenance of these elements not only ensures the safety and usability of the paths but also demonstrates the city’s commitment to providing a welcoming, accessible, and well-maintained trail network for the entire community.

In addition to the existing trails and pathways, the Citywide Parks Master Plan Update recommends expanding the current trail system where feasible. Based on an evaluation of current conditions, Cedar Boulevard Linear Park has been identified as the park that would benefit most from the addition of new trails and pathway networks.

For a detailed breakdown of probable costs for Trails and Pathway Improvements, see Appendix E.

6.4 FINANCIAL ANALYSIS AND MANAGEMENT
Parks and recreation costs are commonly separate into two categories, ongoing operations and maintenance costs and one-time capital improvement costs. The city’s current funding approach includes:
• Ongoing Costs. The use of General Fund revenues to cover parks maintenance costs and recreation and community services costs, and, to a lesser extent, user fees.
• Capital Improvement Costs. The use of development impact fees to support park and facility improvements with periodic support from grants.

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This section focuses on the city’s current funding of parks maintenance and recreation and community services and the expected need for funding. The following section focuses on the costs associated with the capital improvements projects identified in the Master Plan, describes the city’s current approaches to capital project funding, and identifies additional funding sources that could be pursued to support parks funding.

Overall, to fund and implement the Master Plan’s capital project priorities and support their ongoing operations and maintenance, additional funding sources will be required. There may be opportunities to generate revenue to partially offset the new costs from the operations of several of the proposed facilities; and volunteers, or external organizations, may be engaged to help with fundraising. However, a reliable and consistent source of funding for both operations and maintenance as well as capital improvements will likely be required.

MAINTENANCE AND OPERATIONS SPENDING OVERVIEW AND

FUNDING NEED
The city provides parks and recreation maintenance and services through:
• Public Works Department - The Parks and Landscape Maintenance division in the Department of Public Works is responsible for operations and maintenance of city parks. FY 2025/2026 spending is expected to be about $3.75 million with most funding from the General Fund.
• Recreation and Community Services Department - This department organizes and oversees recreation programming. FY 2025/2026 spending is expected to be about $7.3 million. Over half of the funding will come from the General Fund ($3.7 million) with about 40 percent from user fees/ charges.

As described further below, in the city’s budget, recreation services and park maintenance activities are supported by the Recreation Cost Center and Maintenance Cost Center, respectively.

Like many other California communities, the City of Newark continues to experience increasing demands for a range of public service expenditures with General Fund revenues unable to keep pace. In response to the fiscal realities the city’s practice has been to provide and maintain public facilities, including parks, as resources allow.

A significant challenge for the city is that the improvements envisioned in the Master Plan will increase the city’s maintenance costs (as well as requiring capital projects funding) while public input also indicates a strong desire for overall improved park maintenance. With current maintenance funding constrained, the city will need to explore new funding options for park maintenance when possible.

MAINTENANCE COST CENTER
The Parks and Landscape Maintenance Division of the City’s Public Works Department is responsible for the maintenance of all City parks and recreation facilities, in addition to street landscaping and residential culde-sacs. Maintenance of parks, sports fields, playgrounds and recreation facilities includes mowing turf, irrigation repair, hedging, litter removal, weed control, playground safety inspection and repair, and special event support.

The Public Works Department receives funding for a broad range of maintenance activities including street repairs and environmental services as well as parks and landscape maintenance, through the City’s Maintenance Cost Center. The budget of the Maintenance Cost Center has been set at about $8.0 million in Fiscal Year (FY) 2025-26 and $8.35 million in FY 2026-27. The City’s General Fund provides the large majority (over 85 percent) of the funding for this Cost Center, including about $6.9 million in FY 2025-26 and $7.83 million in FY 2026-27.

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The portion of the overall Maintenance Cost Center funding allocated to Parks & Landscape Maintenance is $3.76 million in FY 2025-26 and $3.89 million in FY 2026-27. This is approximately 47 percent of the Maintenance Cost Center’s total budget.

RECREATION COST CENTER
The Recreation and Community Services Department receives funding through the City’s Recreation Cost Center. The total budget for the Recreation and Community Services Cost Center in FY 2025-2026 is about $7.3 million. The City has budgeted revenues of $2.7 million in various recreation fees and charges. The City’s General Fund contribution is expected to be $4.1 million in FY 2025-26, representing over 50 percent of the Recreation and Community Services Department’s operating budget.

The following recreation programs and services are funded by the Recreation Cost Center:
• General recreation services
• Youth/Adult Sports, Fitness & Wellness
• George M. Silliman Activity & Family Aquatic Center
• Community Center Licensed Child Care
• Senior Services
• Paratransit Services
• Newark Resource Center

6.5 CAPITAL PROJECT FUNDING
The Newark Citywide Parks Master Plan has identified a series of park improvements and identified priorities to help allocate funding as it becomes available. This section summarizes the capital cost information, discusses the city’s primary parks capital funding tool, and identifies other options. As for most California communities, raising funding for parks and recreation improvements and their associated maintenance is challenging. The city’s current funding tools will support incremental improvements over time, though the city will need to explore new funding options to accelerate the pace of potential capital improvements while accounting for additional maintenance requirements when possible.

CITY CAPITAL IMPROVEMENT COSTS (CIP)
In the budgeting process for the Fiscal Years (FY) 2024-2026 budget cycle, the city evaluated 93 projects of all types for potential funding, of which 28 related to park and recreation facilities. Of those projects, 47 were selected for funding during the biennial budget cycle, including nine (9) for park and recreation facilities. The total known costs for all of these projects add up to about $119.2 million. The nine (9) identified park and recreation improvement projects in this budget cycle are estimated to cost about $1.55 million. These are primarily improvements to the Silliman Activity and Family Aquatic Center, which comprise 7 of the projects.

Table 15 – Projects Funded by Parks Impact Fees
Park Name Total Cost (2024$)
Birch Grove $4,070,000
Byington Park $1,287,000
Cedar Boulevard Linear Park $5,622,000
Civic Center Park $2,092,000
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Jerry Raber Ash Street Park $1,235,000
Lakeshore Park $3,111,000
MacGregor Playfields $552,000
Mayhews Landing $1,844,000
Mirabeau Park $689,000
Musick Park $962,000
Newark Community Park $4,193,000
Sanctuary Park $1,636,000
Shirley Sisk Grove $3,085,000
Sportsfield Park $5,048,000
Susan Johnson Bridgepointe Park $1,277,000
Grand Total $36,703,000
The Master Plan includes an assessment of potential city park capital improvements. As summarized below, the Master Plan identifies improvements to 15 city parks with an estimate total improvement cost of $36.7 million. The overall improvement list and costs includes several of the parks and recreation projects included in the city’s two-year Capital Improvement Plan.

EXISTING CAPITAL FUNDING TOOLS/ PARK IMPACT FEES
The city’s dedication and park fee requirements provide an important source of parkland and improvements/ facilities funding from new development. Specifically, the city requires new residential subdivisions to dedicate land, or pay an in-lieu fee, for parks and open space, as authorized by the Quimby Act (California Government Code Sec. 66477).

In addition, the city charges a fee for the cost to develop parks and recreation facilities.

The fees as of 2024 are presented below. As shown, the fees include a fee associated with park improvements, set at about $9,200 per unit per single family unit and $6,500 per unit for multifamily development.

Developers that choose to dedicate the required amount of parkland only pay this fee, though developers also have the option to pay a higher fee that incorporates a parkland in-lieu fee as well as the park improvements fee component. As shown, for developers that select the parkland in-lieu fee, the fee is about $30,800 per single family unit and $22,200 per multifamily unit.

Table 16 – FY 2024 Parks Impact Fees
Fee per Dwelling Unit ($2024)
Item Single Family Multi-Family
Project without Land Dedicated for Parks $30,788.01 $22,167.76 Projects with Land Dedicated for Parks $9,236.40 $6,527.09 These parks fees represent an important source of parks capital improvement funding for the city, though it is important to note that: (1) the fees are collected to mitigate for the impacts of new development, not correct existing deficiencies; and, (2) cannot be spent on operations and maintenance costs.

When received, the fees are deposited in a separate Park Impact Fee fund. As of FY 2023, the parks impact fee fund balance is approximately $5.8 million, with $1.8 million committed towards funded projects. This leaves about $4 million in remaining uncommitted fee fund balance.

Table 17 – Projects Funded by Parks Impact Fees
Project Name Current Status
Anticipated
Completion
BMX park Location Study and Conceptual Design Pending 2024 Cedar Boulevard Linear Park Area 2 Pending 2025
Citywide Park Signage Program - Phase 1 Underway 2024
Jerry Raber Ash Street Park Sports Facilities Pending 2025 MacGregor Fields Cricket Pitch Underway 2024
Mel Nunes Sportsfield Park Completion Pending 2025
Mel Nunes Sportsfield Outfield Net Replacement Pending 2024 Mel Nunes Sportsfield Park Synthetic Turf Fields
Additional Netting Underway 2024
Park Grid Tree Work Project Planning 2024
Source: City of Newark
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Historically, the city’s parks impact fee program has provided an important source of funding for capital improvements. In addition to the limitations of its use, like all impact fees, the fee revenues are highly dependent on the level of new development in the city. As a result, it is expected to continue to be an important source, if limited source of revenues for the City’s capital improvement projects.

OTHER FUNDING OPTIONS
As noted above, to accelerate the timing of the prioritized capital improvement projects and to ensure adequate funding for the strong maintenance and management of existing parks, the city will want to explore additional funding options at an appropriate point in time. The sections below discuss potential funding options to consider/ pursue, divided into two sections.

The first section includes the pursuit of funding and other support from grants and/or charitable foundations/ volunteers. These efforts require city staff to organize and oversee and can be highly uncertain in terms of the level of funding received. The second section includes the types of taxes, fees, and other mechanism that can be used to support Citywide parks funding, but that typically require either voter-approval or City Council consideration and adoption.

GRANTS AND CHARITABLE FUNDING
Grants and charitable funding do not place a cost incidence on city residents, businesses, or other taxpayers, but do require substantial investment of city staff time.

GRANT FUNDING
Grant funding may supplement other sources of parks capital improvement funding. The city budget indicates that grants have supplied funding for several non-parks capital projects in the city. Like other cities, the City of Newark can compete for state, federal, and in some cases regional grant funding to help fund parks and recreation facilities. For large projects, it is frequently necessary to assemble several grants from sources which may have different purposes but which can contribute to portions of a project. Grant programs typically help fund capital projects but not operations and maintenance costs.

Among the different grant programs, large State parks bonds that have been passed periodically by California voters often provide substantial, but competitive funding. Additionally, in some cases, there may be opportunities to use Community Development Block Grant (CDBG) funds - which may be used for a variety of purposes such as affordable housing, community facilities or economic development.

Overall, while grant funds can provide an important source of funding, their competitiveness and limitations on use makes them difficult to incorporate into long term capital improvements program planning.

Additionally, grant funding for parks requires significant staff effort (to seek out and apply for funding and then manage any projects tied to grants won).

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CHARITABLE CONTRIBUTIONS AND DONOR CAMPAIGNS
Citizens and businesses alike often recognize the vital importance of the city’s parks and recreation system to the community quality of life and wish to contribute financially. For major projects, cities often mount donor campaigns, which may include major corporate support, to fund high profile facilities. However, this approach can also be helpful for neighborhood projects as well where the community may be willing to conduct fund raising activities and donate volunteer efforts to provide a recreation, cultural, or open space amenity in their neighborhood.

Similar to grant funding, these fund-raising efforts often require coordination and support from city staff with outcomes difficult to predict.

ADDITIONAL POTENTIAL FUNDING SOURCES
The city may consider a variety of other financing mechanisms and funding sources to help close the gap on parks and recreation facilities costs and ongoing operations and maintenance. Some of these programs are most tied to new development, so the extent to which new development is expected to be modest, they may be less useful. Others, that require voter-approval, ask residents and/ or property owners if they are willing to tax themselves to support parks improvements and, in some cases, maintenance.

General Obligations Bonds
The city can seek to establish new property tax assessments to support a General Obligation (G.O.) Bond issuance that would be targeted to fund parks capital improvements, potentially in combination with other improvement categories. Raise funds for both capital and maintenance improvements in parks. The new property tax assessments that will pay for the debt service on the new G.O. Bonds will require (two-thirds) voter approval and hence there must be broad support.

Dedicated Local Taxes
Other local taxes may be increased with (two-thirds) voter approval to either pay for capital improvements on a pay-as-you-go basis, to support issuance of a revenue bond for capital improvements, and/ or help fund ongoing parks maintenance cost. For example, Sonoma County has an additional sales tax that funds maintenance of regional parks and allocates funding to jurisdictions for local park improvements.

Parcel taxes and transient occupancy taxes are often types of taxes that can be established as special taxes for specific purposes with voter approval.

Enhanced Infrastructure Financing District (EIFD)
With Enhanced Infrastructure Financing Districts, cities can allocate a portion of their own property tax increment to help pay for public facilities and improvements (including parks and recreation) in that district. This is essentially a limited form of redevelopment tax increment financing, but only public agencies that agree to participate would allocate their tax increment to the EIFD. EIFD’s both require substantial new development in the district to provide the incremental property tax as well as a willingness to re-direct those property taxes into facilities financing.

Land-Based Financing
Land-based financing programs such as community facilities districts or special assessment districts offer another financing mechanism for cities to generate revenue. Such financing districts are typically established for major subdivisions where the infrastructure or service costs in the new neighborhood cannot otherwise be funded by developer or city sources.

Funding from special districts can also provide funding for maintenance costs. These programs, however, tend to cover a specific area and are dependent on the level of new development.

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APPENDIX 1 2 3
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Appendix A – DOCUMENT REVIEW
CHAPTER 7: APPENDIX
Newark Citywide Parks Master Plan Update

DOCUMENT REVIEW
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INTRODUCTION
The City of Newark engaged the services of RHAA, Ballard King & Associates LTD, and Economic & Planning Systems, Inc. (EPS) to prepare a citywide master plan to address the city’s long-term needs and meet its goals for the provision of parks, recreation and open space; the Newark Citywide Parks Master Plan Update.

The following document review summarizes planning documents that discuss existing infrastructure, currently proposed or pending improvements, and various practices and policies. Specifically, goals, policies, and programs from existing city plans and documents that relate to open space and recreational planning are reviewed to inform the policies of the city’s Citywide Parks Master Plan Update. This section additionally reviews documents related to current program offerings and citywide budget and revenue practices to further inform the policies of the Citywide Parks Master Plan Update and ensure that the Plan is consistent with planning, policies, and programs set forth by the City of Newark.
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Master Plans & Studies ........................................................................................7 City of Newark General Plan...................................................................................................... 7 City of Newark Pedestrian & Bicycle Master Plan.................................................................. 18 City of Newark Greater NewPark Masterplan......................................................................... 19 Dumbarton Transit Oriented Development Specific Plan ..................................................... 20 Southwest Newark Residential & Recreational Project......................................................... 21 Recreation & Programming.............................................................................22 Joint Use...................................................................................................................................... 22 Recreational Services & Programming.................................................................................... 22

DOCUMENT REVIEW
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MASTER PLANS & STUDIES
A. City of Newark General Plan
Document(s):

Newark California General Plan, 2013
The Newark California General Plan is intended to guide the City, looking 20 to 25 years ahead, through changes in technology, transportation, demographics, environment, and the economy; preserving Newark’s existing qualities while planning for its future.

The General Plan, adopted December 2013, meets the requirements for general plans as stipulated by California State law including the seven mandatory elements: land use, circulation, housing, public safety, conservation, open space and noise. This General Plan also includes the optional elements of economic development, health and wellness, and community services and facilities.

The vision of the city’s future as defined by the General Plan process is to:
• Maintain a strong sense of shared community among residents and protect the quality of life.
• Guide the timing and location of development to protect sensitive natural environments.
• Concentrate commercial and industrial land uses along the edges of the city to capitalize on freeway access and buffer more sensitive land uses.
• Focus future growth in key areas of opportunity for development and redevelopment while preserving the character of existing residential neighborhoods.
• Meet the regional need for housing, as defined in state legislation and the Bay Area’s Sustainable Community Strategy (SCS), and provide a wide range of housing opportunities for all housing types and income levels.
• Provide new, higher density housing options that address the needs of senior citizens and cater to the preferences of younger generations, while maintaining the single-family residential neighborhoods that Newark residents value.
• Continue to provide adequate and varied recreational opportunities. • Foster the creation of new high-quality recreational open spaces and the enhancement of existing recreational facilities and open spaces. • Promote public health and safety.
• Develop a more sustainable and healthy community and promote walking and biking through focused transit-oriented development (TOD) and focused high-density housing in proximity to commercial uses.
• Sustain NewPark Mall as a regional commercial attraction, while exploring opportunities for redevelopment of the surrounding area with civic and other uses supportive of the Mall.
• Redefine citywide transportation priorities to better balance the needs of all modes of travel.
• Facilitate cleanup of hazardous contamination sites in the City. • Embrace Newark’s bayfront location.

To formalize the future of Newark’s existing park system, the city’s General Plan called for the creation of Newark’s Citywide Parks Master Plan. The 2017 Master Plan resulted in the prioritization of funds for future park and recreation projects and the creation of a systematic foundation for the future of Newark’s parks. The following assessment of the Newark California General Plan identifies the goals, policies and actions, of each plan element, related to the city’s existing park system.

The Master Plan Update continues and expands on these goals.

LAND USE
The Land Use element of the Newark California General Plan defines the city’s public policy on land use topics of growth and development, use compatibility, community standards, community design and identity, and historic preservation. These policies set the direction of Newark’s future growth to maintain successful neighborhoods, improve civic identity, and enhance the city’s shopping areas and workplaces for coming years.

These policies also provide parameters for future development of the city to enhance Newark’s quality of life.
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Public open space, and its associated benefits, is identified as a valuable amenity in this element. Supporting various uses, providing civic identity and improving aesthetic appearance, park space is a valued land use protected in the city’s existing land use policy and proposed in Newark’s future planned development.

The following goals, policies and actions relate to parks and recreation.

QUALITY OF LIFE
Goal LU-1: Maintain a desirable quality of life in Newark by preserving a small town, neighborhood-oriented atmosphere and sustaining a balanced mix of land uses.

Policy LU-1.1 Balance of Uses: Maintain a reasonable balance of land uses in the city so that residents can live close to where they work and satisfy their shopping, educational, personal, health, entertainment, and recreational needs close to home.

Policy LU-1.9 Park and Recreation Expansion: Expand park and recreational lands and facilities to keep pace with population growth and support the leisure time needs of Newark residents.

Policy LU-1.11 Centers: Create vibrant centers within Newark that provide focal points and gathering places for neighborhoods, and create identity and stronger sense of place for the city. Centers may include shopping areas, parks and public facilities, mixed-use districts, and other amenities that meet the diverse needs of Newark residents and visitors.

COMMUNITY STANDARDS
Goal LU-3: Protect the quality of Newark’s residential neighborhoods.

Policy LU-3.4 Property Renovation: Upgrade existing structures and sites, particularly those located along major thoroughfares, where deficiencies in appearance can create a negative image of the city and/or impact the value of property.

Action LU-3.B Blight Abetment: Continue programs to maintain community standards, including enforcement of illegal dumping regulations, graffiti removal, and other programs to abate blight.

Action LU-3.D Beautification Programs: As funding allows, undertake beautification and revitalization programs which improve the appearance of existing development through landscaping, streetscape improvements, and facade improvements.

COMMUNITY DESIGN AND IDENTITY
Goal LU-4: Enhance Newark’s identity as a city of high quality development that is distinctive from other cities in the Bar Area.

Policy LU-4.7 Lighting: Manage exterior lighting to reduce potential light and glare impacts, improve public safety, and enhance the character of the streetscape.

Policy LU-4.10 Civic Space: Develop spaces in the city which contribute to community building and social interaction. This should include parks, plazas, and other public areas, as well as gathering places within private development that are open to the public.

Action LU-4.C Lighting Improvements: Identify priority locations for lighting improvements along streets, in parks, and public places to address public concerns about safety.

DUMBARTON RAIL TRANSIT-ORIENTED DEVELOPMENT (D-TOD)
Goal LU-6: Develop a sustainable, transit-oriented development (TOD) comprised of residential, retail, office, parks, and open space uses around the site of the planned Dumbarton Rail station on Newark’s west side.

Policy LU-6.1 Dumbarton TOD Land Uses: Plan for the following activities around the intersection of Willow Street and the proposed Dumbarton Rail Service: (1) a future transit station serving the region as well as neighboring residents; (2) a neighborhood center consisting of 8 Packet Page No. 349
retail, grocery, visitor-serving, and higher-density residential uses; (3) up to 2,500 housing units with a wide range of unit types and affordability levels; (4) necessary infrastructure to support the development; (5) contribution toward an overpass on Central Avenue over the Union Pacific railroad tracks, and (6) a network of open space and parks, including a bayside trail.

SOUTHWEST NEWARK RESIDENTIAL AND RECREATIONAL PROJECT
Goal LU-7: Develop the Southwest Newark Residential and Recreational Project as one of the Silicon Valley’s premier new neighborhoods, with executive housing and high quality recreation.

Policy LU-7.6 Open Space Amenities: Include a major open space and recreational amenity within the Southwest Newark Residential and Recreational Project boundary. The preferred amenity is an 18-hole golf course with clubhouse. The former solid waste disposal site at the west end of Mowry Avenue should be considered for inclusion in the Golf Course site. In the event a golf course is deemed infeasible, then another recreational use that is acceptable to the city shall be provided through developer fees. In addition, development in this area shall provide for neighborhood parks consistent with the ratios established by the General Plan.

In the event a golf course is developed, its design should minimize disturbance of sensitive natural resources. To the extent feasible, the golf course should contain natural habitat such as native grassland and native trees rather than non-native grass and non-native vegetation.

Action LU-7.C New School and Park: Work with property owners and the Newark Unified School District (NUSD) in the planning of a new public school within this area. A neighborhood park should be designed on an adjacent site, with the two uses functionally integrated to facilitate joint use.

OLD TOWN NEWARK
Goal LU-8: Strengthen Old Town Newark as a vibrant, cohesive mixeduse district that honors Newark’s history while embracing its future.

Policy LU-8.6 Old Town Civic Space: Create civic gathering places, outdoor seating areas, fountains, and other public spaces in Old Town Newark which contribute to the area’s role as the historic center of the city, and make it a more attractive destination for Newark residents, workers, and visitors. Once constructed, such spaces should be programmed for civic events which draw people to the area and create more active street life.

Action LU-8.E Old Town Park/Plaza: Pursue development of a central park or plaza, with the potential to become a focal point for the Old Town area.

TRANSPORTATION
The Transportation element of Newark’s General Plan addresses topics and policies related to travel in and around the city, its accessibility to the larger Bay Area, and the modes by which transportation shapes the city’s identity. In regard to the city’s parks and recreation, this element’s call for enhanced recreational trails and potential open space development along existing transportation Right-Of-Ways, supports Newark’s park system.

The following goal, policies and action relate to Newark’s Citywide Parks Master Plan Update.

PEDESTRIAN AND BICYCLE CIRCULATION
Goal T-2: Create a citywide pedestrian and bicycle network that provides safe access to destinations within the city, connects to an integrated regional network, and is accessible to users of all ages, abilities, and means.
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Policy T-2.9 Recreational Trails: Develop and maintain trails in parks and open space areas, and between Newark neighborhoods and the city’s open spaces.

Policy T-2.12 Trails Along Railroads and Utilities: Consider the use of railroad, flood control, and utility rights of way for jogging, biking, and walking trails, provided that safety and operational issues can be fully addressed.

Such trails may be considered where the right-of-way is sufficiently wide to address safety considerations, and where a trail project would not interfere with railroad, flood control, or utility operations.

Action T-2.B Cedar Boulevard Pedestrian and Bicycle Trail: Convert the linear tract of land formerly reserved for a southerly extension of Cedar Boulevard between Haley St. and Willow St. into a bicycle and pedestrian parkway, including a bicycle and pedestrian bridge over the Union Pacific Railroad. The city will apply for grants and pursue other funding sources to construct this project.

ECONOMIC DEVELOPMENT
The Economic Development element of the Newark California General Plan describes the goals, policies, and actions of the city that will encourage a strong economy, support existing businesses while attracting new businesses, and improve Newark’s overall quality-of-life and fiscal strength. Newark’s public open space is incorporated into the Economic Development element of the General Plan through its potential role in establishing a positive image of the city, enhancing the city’s competitive edge and identity within the Silicon Valley market.

The following goal, policies and action apply to the City of Newark’s parks and recreation.

PROMOTING NEWARK
Goal ED-5: Establish higher visibility and a positive public image of Newark.

Policy ED-5.5 Media Relations: Garner positive media coverage that promotes Newark as a livable city with great weather, a central location, quality shopping and dining choices, diverse housing choices, excellent schools and parks, and an accessible city government.

Policy ED-5.6 Bayfront Location: Promote the public image of Newark as a bayfront city, with amenities such as trails to the shoreline, open space, wildlife refuges, and bay vistas.

Action ED-5.E Community Special Events: Work with the Chamber of Commerce to promote local special events and festivals which draw visitors to Newark, such as the annual Newark Days, summer concerts in the grove, the NewPark Farmers Market, SummerFest, and other arts and crafts events.

CONSERVATION AND SUSTAINABILITY
Newark’s location directly on the San Francisco Bay compels the city to take an important stance on preserving its unique natural resources.

Significantly, just under 50 percent of the city is designated nonurbanized land with a large portion of that dedicated to conservation.

With this ratio, Newark has a unique opportunity to highlight its special relationship to the Bay and the valuable open space resources it hosts.

The Conservation and Sustainability element of the General Plan outlines the city’s public policy on resource management and conservation.

The following goals, policies and actions relate to the role of Newark’s park system in environmental conservation and sustainability, particularly in environmental education, water conservation, urban forestry, and waste management.
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ENVIRONMENTAL PROTECTION
Goal CS-1: Protect Newark’s natural environment, landscape and physical features.

Policy CS-1.5 Environmental Education: Support greater
environmental education, awareness, and stewardship among Newark residents.

Action CS-1.C Environmental Curricula: Work with the Newark Unified School District and Ohlone College to promote environmental education and curricula for Newark youth. In addition, encourage Newark Recreation and Community Services Department and East Bay Regional Park District programs, which increase awareness of Newark’s natural environment.

WATER RESOURCES
Goal CS-3: Conserve and enhance Newark’s water resources.

Policy CS-3.2 Water Conservation Standards: Promote water conservation through development standards, building requirements, irrigation requirements, landscape design guidelines, and other applicable city policies and programs.

Action CS-3.E Water Efficient Landscaping: Continue to implement the city’s Rescape Landscaping Guidelines for water-efficient landscaping, including low water use plants and more efficient irrigation systems.

Adopt more stringent outdoor water use policies for individual development proposals where feasible.

Action CS-3.F Retrofitting Water Infrastructure: As funding allows, retrofit water infrastructure and landscaping on municipal property to reduce potable water use.

URBAN FOREST
Goal CS-4: Conserve and manage the city’s tree resources and urban forest.

Policy CS-4.2 Trees and Public Improvements: Manage the city’s trees in a way that preserves the life of public improvements such as curbs, gutters, and sidewalks. Ensure that trees that are removed due to their age, health, or potential to damage property, are replaced in kind with new trees that are appropriate for their locations.

Policy CS-4.4 Street Trees as a Community Amenity: Encourage the use of street trees and landscaping to distinguish major thoroughfares and neighborhoods, beautify the city, encourage walking, and create a stronger sense of identity.

SOLID WASTE MANAGEMENT
Goal CS-8: Reduce landfilled waste through recycling, composting, and source reduction.

Policy CS-8.1 Recycling Program: Actively promote recycling, composting, and waste reduction in order to minimize the amount of waste requiring disposal in landfills. Provide for residential recycling and green waste containers and weekly curbside recycling pickup, to make it as easy and convenient as possible for residents to reduce the volume of trash requiring landfill disposal.

Action CS-8.E Recycling Receptacles in Public Spaces: As funding allows, provide recycling receptacles in parks and public spaces, in addition to trash receptacles.
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PARKS, RECREATION, AND OPEN SPACE
The Parks, Recreation, and Open Space element of the Newark California General Plan sets forth the framework for which the city will manage open space for recreation, conservation, resource production, and public safety. The policies outlined here emphasize the importance of public open space in the community; providing valued opportunity for recreational, social, civic and aesthetic enjoyment. Additionally, this element provides strategy for adaptation of the city’s parks and recreation to meet the changing needs of the city’s residents.

The Parks, Recreation, and Open Space element is a guiding framework for both the 2017 City Parks Master Plan and the Master Plan Update.

The Master Plan Update will continue to support the policies, goals and actions outlined in this element to support Newark’s park and recreation goals.

PROTECTION OF OPEN SPACE
Goal PR-1: Protect Newark’s open space for a variety of purposes, including public recreation, the managed production of natural resources, protection of environmentally sensitive areas, aesthetics, and public safety.

Policy PR-1.1 Public Open Space: Protect and where possible enhance the public open space resources available within or near Newark.

Policy PR-1.3 Open Space and Community Character: Recognize the value of open space for shaping community character and identity and defining Newark’s image within the region.

Policy PR-1.5 Utility Easements: Encourage public utility agencies such as the San Francisco Water Department (Hetch Hetchy Aqueduct) and PG&E to retain their easements in open space or to improve them with linear parks or trails.

PARKLAND ACQUISITION AND EXPANSION
Goal PR-2: Expand and improve Newark’s parks and recreational facilities to meet existing and future needs.

Policy PR-2.1 New Neighborhood Parks: Develop new neighborhood parks in locations where there is an existing or anticipated need.

Policy PR-2.2 Parks in New Development: Require new parks to be provided within large-scale new development. Where the provision of an on-site park is infeasible, require the payment of an in-lieu fee for parkland acquisition to serve that development.

Policy PR-2.3 Park Service Standards: Establish the following park standards to determine where and how much parkland should be provided in Newark, and to calculate the amount of in-lieu fees where appropriate:
(a) within the city, provide at least 3.0 acres of parkland per 1,000 population. This total shall exclude wetlands and other areas that are not accessible for active or passive recreation,
(b) provide one neighborhood park per 5,000 population, with a park located within ½-mile of each residence, and
(c) provide one community park per 15,000 population, with a park located within 2 miles of each residence.

These standards may be adjusted to facilitate high value and unique facilities such as linear trails, dog runs, formal gardens, and indoor facilities.

Policy PR-2.4 Pocket Parks: Allow a portion of the parkland dedication requirement to be met through the provision of on-site pocket parks and play lots in new development.
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Policy PR-2.5 New Facilities in Existing Parks: Where constraints to meeting the established park and recreation standards cannot be overcome, explore alternatives for providing additional recreational activities within existing park and recreation facilities.

Policy PR-2.6 Park Expansion: Explore opportunities to expand existing parks through the acquisition of vacant or underutilized land on the perimeter.

Policy PR-2.7 Distinctive Park Character: Ensure that every park and public space has its own unique character. Parks should vary in size and level of activity based on their location, natural setting, and use. Larger parks should include a mix of active and passive recreation areas to ensure that they serve a diverse range of users
Policy PR-2.8 Natural Features in Parks: Design new parks to respect and conserve important natural features. Wetlands and other environmentally sensitive areas located within park boundaries should be designated for protection and restored to the greatest extent possible.

Policy PR-2.9 Parks in Nearby Cities: When evaluating the need for recreational facilities, consider the availability of public facilities in nearby cities as a factor.

Action PR-2.A Park Impact Fees: Continue to implement provisions of the Quimby Act which enables the city to collect in-lieu fees for park acquisition.

Action PR-2.B New Park Locations: Develop new public parks in the neighborhoods planned for the western and southwestern edges of Newark.

Action PR-2.C New Park Facilities: Ensure that newly developing neighborhoods have access to a full array of recreational facilities. When determining what specific facilities should be provided in new parks, consider existing citywide deficiencies, so that all Newark residents may benefit.

Action PR-2.D Old Town Park: Consider opportunities for a new neighborhood park in the Old Town Newark area.

Action PR-2.E Donations of Money and Land: Create a mechanism through which individuals can donate money or land to the city for expansion of existing parks or the development of new parks or community facilities.

Action PR-2.F Community Input: Seek public input on improvements to City parks and recreation programs through user surveys, community workshops, and communication with organized recreation and neighborhood groups.

PARK MANAGEMENT
Goal PR-3: Manage Newark’s parks in a way that enhances their natural qualities, conveys a positive image of the city and its neighborhoods, and fully meets the community’s recreational needs.

Policy PR-3.1 Facility Modernization: Periodically modernize or upgrade existing recreational facilities to ensure that they meet the needs of the community, respond to current trends, and make a positive contribution to Newark’s quality of life.

Policy PR-3.2 Quality Materials: Utilize quality materials in the construction of parks, public spaces, and recreational facilities. Park equipment and facilities should promote durability and resilience, be responsive to the Bay Area’s climate, and be resistant to vandalism to the greatest extent feasible.

Policy PR-3.3 Extending Facility Usefulness: Enhance the usefulness of existing athletic fields and active play areas by providing facilities and equipment that support a wider variety of sports and activities.

As funds allow, this could include improvements such as night lighting and the use of artificial turf to extend the hours of operation for playfields.
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Policy PR-3.4 Park Safety: Ensure that parks are designed and managed to maximize the personal safety of users, maintain the visibility of play areas, and minimize the risk of injury.

Policy PR-3.5 Mitigating Off-Site Impacts: Manage parks to reduce and mitigate the potential for adverse effects on surrounding neighborhoods, such as evening light, noise, and parking.

Policy PR-3.6 Park Landscaping: Maintain high standards for park landscaping. Include a mix of native vegetation and ornamental landscaping to enhance visual quality.

Policy PR-3.7 Park Cleanliness: Keep Newark’s parks clean, well maintained, and free of litter, with an adequate number of trash receptacles and regular trash collection services.

Policy PR-3.8 Park Maintenance: Ensure the regular and systematic maintenance of park grounds and facilities. Maintenance methods should be sensitive to the environment, including pest management and weed control methods which minimize toxic chemical use.

This should also include facilities for composting and recycling, and irrigation equipment that is designed to reduce maintenance and repair requirements and minimize water waste.

Policy PR-3.9 Reducing Energy Consumption: Reduce energy consumption in parks and in recreational buildings through energyefficient lighting, conservation and efficiency measures in park structures, and energy-conscious operating procedures in parks and recreational facilities. Wherever feasible, this should include the use of photovoltaic systems in new or rehabilitated recreation buildings.

Policy PR-3.10 Volunteerism: Encourage volunteer participation in the care and stewardship of parkland and the delivery of recreational services in Newark.

Policy PR-3.11 Responding to Changing Needs: Provide recreational facilities and programs which meet the diverse and changing needs of Newark residents, taking into consideration such factors as the aging of the population, the mobility needs of persons with disabilities, and the city’s growing cultural diversity.

Policy PR-3.12 Special Recreational Needs: Maintain recreation programs for special user groups such as disabled persons, seniors, and teenagers.

Recreation programs for youth are particularly important and should be a key consideration in the development of new facilities and programs.

Policy PR-3.13 Community Events: Hold communitywide events such as concerts and festivals in city parks. Such events should be carefully managed to ensure that parks are not over-programmed and that maintenance requirements are fully addressed.

Policy PR-3.14 Financing Park Improvements: Consider the use of bond measures and similar financing programs for acquisition and improvement of park land and recreational facilities.

Action PR-3.A Parks Master Plan: Develop a Parks Master Plan, which evaluates local park facilities against National Recreation and Park Association standards and determines the types and locations of improvements needed. A Parks Master Plan would also include use guidelines for the city’s parks, and a funding plan for future improvements.

Action PR-3.B Reclaimed Water Use: Continue to work toward the use of reclaimed or non-potable water for park irrigation, rather than using domestic water. As reclaimed or non- potable water infrastructure is developed, parks and public landscaping should be a top priority for new service.
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Action PR-3.C Sustainability in Parks: Expand sustainability practices at Newark’s parks. This could include the use of bay friendly landscaping in city parks, and the expanded use of compost and mulch materials for fertilizer and landscaping.

Action PR-3.D Golf Course: Continue to pursue the development of a public golf course on the undeveloped residentially designated lands located in the southwestern part of the city. In the event a golf course is infeasible, consider development of another major public recreational feature or open space amenity in this area.

Action PR-3.E Skateboard and BMX Park: Identify potential locations, costs, and funding sources for a skateboard park and a recreational bicycle/ BMX park.

These are envisioned as two separate facilities. A skatepark has been built at Sportsfield Park. The location for the a bicycle skills/BMX park is recommended for Birch Grove Park would need to be Development of a bicycle skills/BMX park is contingent on funding.

Action PR-3.F Birch Grove Lighting: As funding allows, install night lighting at the Birch Grove Park tennis courts.

Action PR-3.G Sportsfield Park Multi-Use Field: Pursue development of lighted multi-purpose all weather turf field at Sportsfield Park.

This has been implemented by the city.

Action PR-3.H Dog Park: Recognize the growing demand for dog play areas in the city, and pursue development of a designated dog park within the Dumbarton TOD area.

This has been implemented by the city at Newark Community Park Action PR-3.I ADA Compliance: Make continued efforts to comply with all provisions of the Americans with Disabilities Act (ADA) in the design and renovation of recreational facilities.

This should be implemented with the renovation any park and especially for children’s play areas. An all-inclusive playground should be considered at Newark Community Park.

NON-CITY RECREATION FACILITIES
Goal PR-4: Maximize the benefits of non-city operated recreational facilities for Newark residents.

Policy PR-4.1 School Facility Access: Continue working with the Newark Unified School District to develop and maintain athletic fields and recreational facilities such as pools, playgrounds, and tennis courts.

Support broader public access to these facilities when school is not in session.

Policy PR-4.2 Surplus School Sites: In the event a school site is declared surplus in an area deficient in park land, work with the School District to retain a portion of the school’s existing open space, playground, or athletic field area as neighborhood parkland.

Policy PR-4.3 Ohlone College Partnerships: Explore potential partnerships with Ohlone College to develop recreational facilities or programs on the Newark campus which may be accessed by Newark residents.

Policy PR-4.4 Regional Parks: Support the continued acquisition and improvement of open space in southwest Alameda County by the East Bay Regional Park District to ensure that Newark residents have access to an array of natural open spaces, including hillside parks, wilderness areas, and shoreline trails.

The city supports continued enhancement of Coyote Hills Regional Park, Ardenwood Farm Agricultural Preserve, and Quarry Lakes, and access improvements which make it easier to reach these parks on foot or by bicycle.
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Policy PR-4.5 Residential Development Recreation Facilities:

Encourage private residential developments to include private recreational facilities serving that development.

This could include community rooms, clubhouses, swimming pools, and other facilities intended for use by residents. Such facilities would supplement the contributions these developments are required to make to improve public parkland serving residents and the city at large.

Policy PR-4.7 Plazas and Pocket Parks: In parts of Newark planned for more urban land uses and pedestrian-oriented development, provide for small pocket parks, plazas, and courtyards where residents, workers, shoppers, and visitors can congregate.

Such spaces could include amenities such as outdoor seating and dining areas, water features, and landscaping. Pocket parks and plazas should be designed to allow for interaction among community members and should be considered for programming with activities such as farmer’s markets, lunchtime concerts, and mobile vending.

Policy PR-4.8 Temporary Uses: Allow for the temporary use of vacant developable land for recreational purposes such as community gardens, art installations, and other interim activities.

Policy PR-4.9 Commercial Recreation: Encourage the development of private commercial recreational facilities such as bowling alleys and health clubs which complement and enhance the facilities provided by the city.

Action PR-4.A Joint Use Agreements: Develop joint use agreements and other appropriate mechanisms to facilitate public access to school playgrounds and athletic fields, and reciprocal school access to City recreation areas.

The city will make a concerted effort to improve access to school recreational facilities in the coming years. Currently, use of school grounds for recreational uses requires a specific agreement with the NUSD for access to that facility. Many facilities are off-limits or difficult to access, even during non-school hours. The city will work with NUSD in the coming years to enhance joint use, and provide greater recreational opportunities and open space access for all Newark residents.

Action PR-4.B Modernization of School Facilities: Support implementation of School District capital projects which modernize or improve recreation and athletic facilities.

Action PR-4.C Expanded Public Access: Work with the Newark Unified School District to determine the feasibility of expanded public access to recreational facilities on school property such as the High School swimming pool and the tennis courts at the High School and Junior High.

TRAILS
Goal PR-5: Improve Newark’s trail system, with a focus on access to the Newark shoreline, and access between the shoreline and Newark neighborhoods.

Action PR-5.D Cedar Boulevard Extension Linear Park: As funds allow, construct a linear park and trail on the Cedar Boulevard Extension.

Crossing of the Union Pacific Railroad should be grade separated to minimize risk and noise.

HEALTH AND WELLNESS
The purpose of the General Plan’s Health and Wellness element is to promote and sustain the health of Newark’s community. Goals of this element include improving air quality, promoting physical fitness, ensuring access to healthy foods, expanding local health care facilities, protecting residents from environmental hazards, reducing crime, and enhancing a sense of civic engagement and well-being.
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The following goals, policies and actions relate to the city’s park network and Newark’s Citywide Parks Master Plan Update.

FITNESS THROUGH DESIGN
Goal HW-2: A community in which physical fitness is supported and encouraged.

Policy HW-2.4 Access to Active Recreation: Maintain and develop facilities for active recreation and physical fitness in Newark, such as recreation centers, exercise circuits, and athletic fields.

Policy HW-2.5 Access to Parks: Ensure that parks and recreation centers can be easily reached on foot or by bicycle.

FOOD ACCESS
Goal HW-3: Access to healthy, affordable food for all Newark residents.

Policy HW-3.4 Community Gardens: Encourage community gardens where appropriate.

Action HW-3.B New Community Garden: Identify potential sites for new community gardens, including parks and schools.

SOCIAL CAPITAL
Goal HW-6: A civic culture that promotes meaningful engagement in public affairs and that creates a sense of pride in Newark among all city residents and businesses.

Policy HW-6.3 Public Space: Support the use of existing public spaces and create new public spaces where residents can gather for outdoor events (concerts, art fairs, etc.) or to meet and congregate.

Action HW-6.B Temporary Uses of Unimproved Land: Allow the interim or temporary use of unimproved land such as parking lots or vacant sites for public events, such as community festivals and farmers markets, provided that potential effects on nearby properties and roadways can be mitigated.

SAFETY THROUGH DESIGN
Goal HW-7: Safe and secure neighborhoods and public spaces.

Policy HW-7.3 Sidewalk and Pedestrian Lighting: Improve lighting of sidewalks, pedestrian areas, parks, and public gathering places where safety is a concern.

Action HW-7.A Development Review for Safety: Incorporate Crime Prevention Through Environmental Design principles into project review procedures for new development and major renovation projects. These principles are aimed at improving the safety of building occupants by designing for natural surveillance (windows oriented to the street and entryways), access control (hedges and landscaping to direct movement), territorial reinforcement, graffiti resistance, vandal-proof exterior elements, and shared facilities that provide “eyes on the street” during extended hours of the day.

COMMUNITY SERVICES AND FACILITIES
Community services in Newark include law enforcement, fire protection, medical response, childcare and other administrative services provided by the city. Community facilities include buildings and infrastructure used to deliver community services such as schools, libraries and municipal buildings. The Community Services and Facilities element outlines Newark’s policies for continued, high standard, community service throughout the city.

The following goals and policies relate to the Citywide Parks Master Plan. 17
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COMMUNITY SERVICES
Goal CSF-1: Maintain community services and civic facilities that are readily accessible and respond to the needs of all Newark residents.

Policy CSF-1.1 Planning for Public Facilities: Plan for adequate public facilities to meet Newark’s current and future needs, based on demographic forecasts, fiscal and budgetary conditions, and adopted standards for municipal facilities and services.

Policy CSF-1.3 Responding to Changing Needs: Ensure that community services respond to the changing demographics of Newark residents and businesses.

Policy CSF-1.4 Preventive Maintenance: Utilize and promote preventive maintenance practices which enhance the useful life of public facilities.

Policy CSF-1.7 Arts and Culture: Recognize the value of arts and culture to Newark’s identity, economic development, and quality of life.

The city supports the development of facilities for live performances, culture, and recreation.

Goal CSF-2: Provide excellent schools that deliver high-quality educational services to Newark students while serving as neighborhood centers and fostering civic pride.

Policy CSF-2.5 Joint Use of Parks and Schools: Locate public schools and neighborhood parks adjacent to each other, so that recreational facilities may serve student and non-student residents to the greatest extent possible. Joint Use Agreements can allow city parks to be available to schools during school hours and school facilities to be available to the public in non-school hours.

Goal CSF-3: Expand services for Newark residents with special needs, especially children and seniors.

Policy CSF-3.5 Youth Services: Create a safe, positive environment for youth in Newark by providing recreation programs and facilities oriented to teens and pre-teens, encouraging internship and mentorship programs, and soliciting youth involvement and input in civic affairs.

Policy CSF-3.7 Disabled Services: Provide services which meet the needs of Newark residents with disabilities. Ensure compliance with the Americans with Disabilities Act and ensure that reasonable accommodation is provided to recognize the special needs of disabled residents.

B. City of Newark Pedestrian & Bicycle Master Plan
Document(s)
City of Newark Pedestrian & Bicycle Master Plan, 2017
Newark’s first bike and pedestrian transportation plan, the City of Newark Pedestrian & Bicycle Master Plan, is a long-range planning document that serves as the outline for Newark’s future pedestrian and bicycle improvement projects. The Plan identifies needs in the city’s existing pedestrian and cycling networks and presents potential upgrades and repairs to facilitate enhanced use of the network. The Plan’s proposed projects provide access to the Bay Area water front, local parks and trails, and regional open spaces for recreation. The vision proposed in this plan is to:

Make the City of Newark as walking and bicycling friendly as possible to encourage people of all ages, abilities, and means to walk and bike.

Newark will be a community that provides its residents, employees, and visitors with viable walking and biking facilities. These facilities will meet the community’s travel needs, to improve health and recreation opportunities, and to provide economic benefit to those traveling via cost savings and to local businesses through the creation of vibrant, walkable neighborhoods. The city will have a complete, well-integrated system of bicycle and pedestrian networks and support facilities that encourage walking and biking as active transportation modes. 18 Packet Page No. 359
The Plan’s 5 overarching goals are to:
• Create a connected bicycle and pedestrian network
• Increase the number of people walking and bicycling
• Improve safety for pedestrians and bicyclists
• Develop a comprehensive Safe Routes to School program and supporting infrastructure
• Establish citywide design guidelines for bicycle and pedestrian facilities
In relation to Newark’s Citywide Parks Master Plan Update, the City of Newark Pedestrian & Bicycle Master Plan delineates the importance of pedestrian-scale connectivity to the City’s park and open space resources as an important component of network circulation.

In the creation of the proposed bikeway network, the Plan identifies connections to parks and open spaces as a key element of the planning criteria, and suggests the completion of the Cedar Boulevard Extension Linear Park to aid in bike network connectivity. At this extension of Cedar Boulevard, the Plan suggests the creation of a Class I bicycle path for dedicated pedestrian and bicycle travel.

In the creation of the proposed pedestrian network, the City of Newark Pedestrian & Bicycle Master Plan further supports the importance of pedestrian-scale access and connectivity to parks and open spaces as a valuable transportation amenity. Valuable open space-related amenities here include the maintenance and extension of sidewalks, street furniture, and street trees and planting for shade and buffering.

The proposed pedestrian network also recommends better connectivity between existing parks and schools, specifically between Mayhews Landing Park and Graham Elementary School, and Mirabeau Park and Snow Elementary School.

The Citywide Parks Master Plan will consider the priorities defined in the City of Newark Pedestrian & Bicycle Master Plan throughout the planning process to ensure enhanced connectivity between the city’s park and pedestrian circulation systems.

C. City of Newark Greater NewPark Masterplan
Document(s):

City of Newark Greater NewPark Masterplan, 2015
The City of Newark Greater NewPark Masterplan is a guiding document for the Greater NewPark Project, a major redevelopment site for the City of Newark. Centered on renovations to the NewPark Mall, a regional-serving shopping center opened in 1980, the Greater NewPark Project consists of approximately 125 acres of property planned for major enhancements to increase the use and value of the currently underutilized site. Along with the Dumbarton TOD Specific Plan and the Southwest Newark Residential and Recreational Project, the Greater NewPark Project is one of three sites in the City envisioned for new residential, workplace, and open space development. The City of Newark Greater NewPark Masterplan document sets forth overall goals for the project as well as a series of development concepts to illustrate the site’s future opportunities. The following are goals defined in the Masterplan:
• Support the ongoing renovation and repositioning of NewPark Mall. • Maximize economic development and long term revenue throughout Greater NewPark.
• Attract revenue-generating commercial, lodging, and entertainment uses that complement existing and desired retail and entertainment anchors.
• Permit office, residential, live-work, civic, and quasi-public uses only so far as they support the overall success of revenue-generating commercial uses.

Residential development should complement and support existing and future commercial development. Residential projects should be exclusively rental housing and be constructed at densities that support transit and contribute to an overall intensification of development throughout the Master Plan Area.
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The NewPark Masterplan proposes redevelopment concepts for Shirley Sisk Grove, a public open space parcel within the project boundary.

Currently, Shirley Sisk Grove is an undeveloped park space used seasonally for public events such as concerts and festivals. The NewPark Masterplan envisions a repurposing of the Grove to better support the goals of the overall NewPark redevelopment. Repurposing the Grove, and adjacent underused land within the project’s scope, would aid the Greater NewPark’s vision in becoming a vibrant regional commercial center. According to the NewPark Masterplan, repurposing the Grove could generate revenue while increasing safety and the value of adjacent properties and additionally reduce areas of disinvestment that may detract from the Greater NewPark’s overall character.

To repurpose the site, the Masterplan proposes that the NewPark development:
• Explore a possible long-term lease structure that would allow development of hotel, office, entertainment and mixed-use land uses. • Consider public/private partnership opportunities to ensure that publicly accessible community amenities are part of any planned development until the Grove events are permanently programmed elsewhere within the Greater NewPark.
• Prioritize building frontage along NewPark Boulevard, the major road adjacent to the Grove.

D. Dumbarton Transit Oriented Development Specific Plan Document(s):

Dumbarton TOD Specific Plan, 2010
The Dumbarton Transit Oriented Development (TOD) project consists of approximately 200 acres of industrial land on the west side of Newark.

The project site is bordered by the Union Pacific Railroad track to the north, Willow Street and existing industrial and residential uses to the east, the Alameda County Flood Control (ACFC) Canal to the south and existing, on-going salt production facilities to the west. Formerly an active site for industrial use, much of the property has been vacant since the 1990’s. Recently, however, the railroad right-of-way on the northern edge of the project has been selected as the alignment for a potential new transit line to link southern Alameda County with the Peninsula.

Plans for a future Dumbarton transit station at Willow Street create the opportunity to capitalize on this public investment through adjacent development with high-density, residential, retail, and office uses and enhanced pedestrian circulation. The site’s location is additionally ideal for Transit Oriented Development as it is in close proximity to major transportation routes for regional circulation, such as Highway 84, and its place in the greater East Bay and Silicon Valley region allows it to serve a larger area for transit ridership. The 2010 Dumbarton TOD Specific Plan provides a guiding framework for this development project. As a comprehensive planning document, this Specific Plan’s objectives and goals will support and control the development of the Dumbarton TOD project.

Dictated by the planning principles of smart growth, sustainable community design, green building and sustainable landscaping, the Dumbarton Transit Oriented Development project aims to create a community where “housing, recreation, a neighborhood retail center and employment opportunities are integrated” and “the automobile can be replaced by walking and biking”. Plan elements are to include a Transit Center, Neighborhood Center, Commercial and Retail uses, and the necessary infrastructure and utilities needed to support the development. Along with the proposed 2,500 housing units the project will also incorporate an extensive park and recreational trail network providing 16.3 acres of parkland, allowing 2 acres of park per 1,000 people.

The Specific Plan designates three park areas: a neighborhood park, a linear park and/or trail that connects to the Bay Trail, and a park adjacent to the Transit Station. Within these parks, one will provide an outdoor amphitheater and restroom facilities while another will host a dog park.

These parks are to include a variety of recreational amenities, such as picnic areas and tot lots, to best serve their intended program. According to the parks and open space goals of the Dumbarton TOD Specific Plan, 20 Packet Page No. 361
the project parks and open space will:
• Enhance the natural qualities of the area
• Draw from the region’s climate and native plants
• Convey the identity of the community and neighborhoods • Create flexibility for community needs, and provide
• Landscaping safety and security
With regard to the Citywide Parks Master Plan Update, the proposal of this park, open space, and linked pedestrian connectivity provides collaboration opportunity. The Master Plan Update can inform the impending development so that resulting recreational design serves the current and future needs of the city.

E. Southwest Newark Residential & Recreational Project
Document(s):

Newark Specific Plan: Area 3 & 4 of the General Plan, 2009 In the Newark California General Plan, the city identifies several Focus Areas where major land use change is anticipated. The Southwest Newark Residential and Recreational Project, formerly identified as Area 3 and 4 of the General Plan, is an identified Focus Area for which a Specific Plan was created: the Newark Specific Plan: Area 3 & 4 of the General Plan. The Specific Plan defines parameters for the transition of this largely undeveloped area into a low-density residential development of up to 1,260 housing units, with a major recreational facility and the dedication of conservation open space on some of the low-lying land south of the railroad tracks.

The Southwest Newark Residential and Recreational Project is comprised of 636 acres in the area of Newark bordered by Mowry Avenue to the west, Stevenson Boulevard on the east, Cherry Street to the north, and Mowry Slough to the south. Bisecting the project is the Union Pacific Railroad. The area north of the Union Pacific railway, formerly identified as Area 3, originally hosted 298 acres but 221 acres of that were dedicated to land uses for Ohlone College, Sportsfield Park, and the Stevenson Point Technology business park. Only the remaining 77 acres, formerly designated Sub Area A of Area 3, will be developed in accordance with the Newark Specific Plan: Area 3 & 4 of the General Plan. According to this Specific Plan, development here will include the creation of a 600-student elementary school, a new neighborhood park, as well as a pedestrian trail along the adjacent Flood Control Channel.

This portion of the Southwest Newark Residential and Recreation Project is currently vacant and undeveloped.

The area south of the railroad, formerly identified as Area 4, hosts 559 acres of undeveloped land with a history of past and present agricultural land use. The Newark Specific Plan: Area 3 & 4 of the General Plan divides this portion into 4 areas, each with unique parameters for development. To the south, Sub Area B is envisioned to transition from agricultural land to single-family housing with a small “nature park”.

North of Sub Area B, Sub Area C may transition to either single-family housing or a recreational space, or both. To the north, Sub Area D may be used as a golf course or similar recreational amenity. Sub Area E will be retained for open space conservation as it lays adjacent to valued wetland habitat to the east.

The Southwest Newark Residential and Recreational Project provides opportunity to expand the city’s public open space. With the Specific Plan’s proposed addition of neighborhood parks, connective trails, and the dedication of a major recreation facility such as a golf course or similar recreation, the Master Plan Update can inform the impending development so that resulting recreational enhancement serves the current and future needs of the Newark community.
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RECREATION & PROGRAMMING
A. Joint Use
Document(s):

MacGregor Playfields Agreement
The City of Newark and the Newark Unified School District maintain a long-term joint use agreement for the MacGregor Playfields, located at MacGregor School. The land is owned by the School District and leased to the City under a 1987 arrangement. Under the terms of the agreement, the City constructed the playfields, parking lot, and structures, and performs ongoing maintenance. The School District pays water costs to a specified limit and the city pays costs more than that limit. The city is responsible for scheduling the playfields during nonschool use time.

Joint use of school fields and amenities is a standard practice for many communities to address recreational need. The Master Plan Update considers the city’s current and future joint use opportunities to efficiently meet the community’s open space and recreation needs.

B. Recreational Services & Programming
Document(s):

General Plan: Parks, Recreation & Open Space Element
The City of Newark’s Recreation and Community Services Department provides an array of programs and activities to serve the recreational, educational, and fitness needs and interests of the community. The Department provides recreational programs which include traditional and non-traditional offerings. A sampling of traditional programs offered by the city include gymnastics, soccer, aquatic camps, licensed preschool, karate, softball, lacrosse, and aerobics. Non-traditionally, the city supports culturally diverse activities evident in the offering of programs such as Bombay Jam fitness workouts, Kundalini yoga, and mahjong.

Programs are designed to be age-inclusive and serve infants, youth, adults, seniors, and all abilities.

Regarding recreational space, the Department manages the Community Center, Senior Center, and Silliman Activity and Family Aquatic Center.

An important recreational node, the Silliman Center includes three indoor pools, activity rooms, gymnasium, an aerobic and dance studio, fitness center, teen center and childcare spaces. Three community parks and two special use parks provide the setting for recreation in a natural environment. Activities here include fishing and boating in 16 acres of water area and a grove for outdoor concerts. The Department also manages playfields, tennis courts, basketball courts, picnic sites, and trails throughout the city.

In addition to recreational program offerings, the City of Newark’s Recreation and Community Services Department also designs and promotes community events that serve to create a connected and enriched community environment. The Department’s community events range from Mariachi Festivals, Friday Night Concerts On-the-Green, Family Day at the Park, and a Senior Health and Resource Faire. Below is a list of the city’s regular community events, inclusive of the event’s local community partners.
• Music at the Grove Summer Concert Series
• Family Day at the Park
• Youth Fishing Day
• Newark Days (Newark Days Inc.)
• Sunday Afternoon Concerts (Love Newark/Newark Arts Council) • Symphony Performances (Newark Symphonic Winds)
• Community Theater (Stage One Productions)
• Farmers Market (Local Farmers and NewPark Mall)
Community engagement activities include volunteer opportunities, leader in training programs, and group volunteering activities.

Supplementing program offerings, the City also partners with and acknowledges an extensive list of community organizations that provide services and programs to support community connection. These include:
22 Packet Page No. 363
• Afro-American Cultural & Historical Society • Newark Chamber of Commerce • CYO Basketball • CYO Track and Field • Fremont/Newark Jaycees • Fremont/Newark YMCA • Kidango • League of Volunteers • Life Eldercare • Alameda County Library Services • Newark Girls Softball League • Newark/Fremont Football League • Newark American Little League • Newark National Little League • Newark Health Center • Newark Optimist Club • Newark Rotary Club • Newark Soccer Club • North Fremont National Junior Basketball • Ohlone College – Newark Campus • Salvation Army • Second Chance • South Fremont/Newark NJB Basketball • Stage 1 Theater • Viola Blythe Community Services Center Newark’s Recreation and Community Services Department strives to support a connected community, with program offerings intended to be opportunities to interact, explore, and to enrich the lives of all community members.
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Packet Page No. 365
Newark Citywide Parks Master Plan Update

PARK SYSTEM INVENTORY &

ASSESSMENT
Appendix B – PARK SYSTEM AND INVENTORY
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INTRODUCTION
To create a strategic plan for the future of Newark’s park system a detailed inventory of the city’s existing park facilities was conducted. On a tour of Newark each city-owned, or programmed, park was visited with the assistance of city staff and members of the Consultant team.

Parks were inventoried to assess how each asset currently serves the community and where they hold potential to expand and improve upon recreational opportunities.

According to the Newark California General Plan, the city’s park facilities are comprised of Neighborhood, Community, and Special Use parks which provide Newark’s community with recreational amenities unique to each. A Neighborhood park ranges from 5-10 acres, serves immediate residents within a ½ mile radius, and hosts simple amenities such as lawn, walking loops and playgrounds. Community parks are typically 20, or more, acres, serving residents within a 2 mile radius, and have facilities that attract community members throughout the city such as sport courts, lit fields and open space for unstructured activity. The City’s Special Use parks provide the community with a unique function or facility, with service area and acreage dependent on the park’s function. Newark’s existing park system hosts 8 Neighborhood parks, 3 Community parks and 2 Special Use parks.

The following information was collected regarding each park:

Location: Intersection
Size: Park acreage
Use: Serving Neighborhood, Community, or Special Use
Current Condition: Description of current conditions
Facilities and Amenities: List of facilities and amenities present Recreation Provided: City-supported recreation provided Constraints: Features that compromise the site’s full potential Opportunities: Preliminary ideas regarding opportunities to expand or enhance the site’s recreation
The information collected in this inventory informs the Consultant’s evaluation of the city’s existing park system. This assessment aids in determining the level of recreational need currently being met while identifying those recreational wants that are lacking or not being served in the city of Newark.
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ISSUES & OPPORTUNITIES
In this park system inventory and assessment several recurring issues and opportunities were identified that apply universally across the Newark park system.

ADA COMPLIANCE
Throughout the Newark park system compliance to standards of accessibility can be enhanced, especially in the city’s playground design.

To improve accessibility, while decreasing maintenance requirements, the city should consider replacing engineered wood fibar (“tambark”) with resilient rubber matting surfaces. The short-term cost of rubber matting may be desirable compared to the long-term maintenance cost of wood fibar. In lieu of replacing existing fibar, the city should ensure that accessible ramps lead into each play area.

In playground accessibility, the city should also consider providing universal play equipment and transfer stations. Transfer stations allow users to access elevated play structures without use of a wheelchair or mobility tool. Additionally, play structures should encourage interactive play for children of all abilities; installing more universal play equipment, such as spinners and saucer swings, can aid in providing recreation options to a diversity of users.

To ensure recreational accessibility the City of Newark should pursue an overall ADA assessment of its existing park facilities.

MAINTENANCE
In the inventory of Newark’s parks, it was noted that overall park facility maintenance can be improved. As is common in public open space, graffiti, vandalism and litter are unwanted companions to many of the city’s open space assets. To enhance community pride and investment in the daily upkeep of shared green space, the city should prioritize park maintenance.

STRUCTURES & FACILITIES
Newark’s park system incorporates a variety of essential recreation elements such as playgrounds, picnic tables, and walking paths, and lighting. Though these elements support the existing parks, the city should consider their update as part of the Newark Citywide Parks Master Plan.

Newark’s playgrounds and play structures can attract a wider range of users through updated design and program. Thematic design, nature play, and the addition of interactive elements should be considered to create a varied and creative experience for young users.

Picnic and seating options also provide opportunity for improvement and diversity. The city should consider replacing or enhancing these structures to continue accommodating community members for current and future enjoyment. Focusing on variety in aesthetic character, while improving functionality through additional shade structures, is suggested.

The majority of Newark’s parks maintain asphalt walking paths that are frequently in use. As popular modes of pedestrian circulation, the city should consider replacing asphalt walkways, which need regular resurfacing, with concrete paths which require less long-term maintenance. Additionally, the city may consider providing more allweather pathways along park perimeters to further support walking and jogging in the community. Improved, or added, lighting through park paths will also improve user experience.

ACTIVATION
Though Newark has a variety of open space assets, this inventory and assessment finds that the majority of the city’s parks are currently underused. The city should consider activating use through programming considerations and supporting alternate use through creating dog parks or skate parks where there is opportunity to do so. 5 Packet Page No. 370
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Birch Grove Park.....................................................................................................9 Byington Park .......................................................................................................11 Civic Center Park..................................................................................................13 Jerry Raber Ash Street Park.............................................................................15 Lakeshore Park ......................................................................................................17 MacGregor Fields ................................................................................................19 Mayhews Landing Park......................................................................................21 Mirabeau Park........................................................................................................23 Musick Park ............................................................................................................25 Newark Community Park..................................................................................27 Shirley Sisk Grove................................................................................................29 Sportsfield Park ...................................................................................................31 Susan Johnson Bridgepointe Park ...............................................................33

NEWARK PARKS
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BIRCH GROVE PARK
Location:

Size:

Use:

Current
Condition:

Facilities and
Amenities:

Recreation
Provided:

Constraints:

Opportunities:

Additional
Observations:

Birch Street at Robertson Avenue
15 acres
Community Park
Well-maintained park with light community use, that can benefit from structural/facility updates and increased
maintenance
Barbecue Pits, Basketball Court, Benches, Tennis Courts, Open Field/Lawn, Picnic Tables, Playground, Restroom,
Softball Playing Field, Tot Lot, Walking Paths, Water Play (not in use)
City tennis lessons; League softball play; Passive recreation and gathering
Parking can become limited
Potential bike skills park site; Structural updates to
facilities (basketball court, playgrounds, picnic tables, water feature); Potential reservable group picnic facility site; Enhance turf fields for sport use; Remove walls
surrounding picnic tables for safety and visibility; Provide shade for play/group areas; Softball field lights to be replaced; Potential for volleyball and bocce ball courts; Addition of splash pad
Vandalism and graffiti are a maintenance challenge
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BYINGTON PARK
Location:

Size:

Use:

Current
Condition:

Facilities and
Amenities:

Recreation
Provided:

Constraints:

Opportunities:

Additional
Observations:

Central Avenue at Byington Drive
3 acres
Neighborhood Park
Well-maintained, relatively new developer-constructed
neighborhood park with large grass area and picnic
gathering sites
Barbecue Pits; Basketball Court; Benches; Open Field/
Lawn; Picnic Tables; Playground; Walking Paths; Water Play (not in use)
Passive recreation
Proximity to neighboring homes
Enhance water play area or replace with alternative use; Update existing playground
Park could benefit from increased activation and
community use
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CIVIC CENTER PARK
Location:

Size:

Use:

Current
Condition:

Facilities and
Amenities:

Recreation
Provided:

Constraints:

Opportunities:

Additional
Observations:

Civic Terrace Avenue at Newark Boulevard
5 acres
Neighborhood Park
A neighborhood park with maintenance issues for the
children’ play area and open grass play field. The future use of the old library will have an impact on the future use of the park
Barbecue Pits; Basketball Court; Benches; Open Field/
Lawn; Picnic Tables; Playground; Walking Paths
Passive recreation; Practice site for under-6 soccer
Active railway at Eastern edge of park
Structural updates to facilities (basketball court,
playground); Additional play area; Formalize perimeter
path; Provide shade structures for group/play areas;
Potential site for reservable picnic facility; Locate new restroom here if Newark Library is relocated; Enhance turf field for sport use
Graffiti can be an issue for maintenance; Periodically
update tambark at playground
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JERRY RABER ASH STREET PARK
Enterprise Drive at Filbert Street
6 acres
Neighborhood Park
A highly used neighborhood park that serves as a
community park for active and passive recreation as well as picnicking and social gatherings. The children’s play area equipment is in poor condition. With high use, other amenities in the park need additional maintenance or
replacement
Barbecue Pits; Basketball Courts; Benches; Newark
Resource Center; Horseshoe Pit; Open Field/Lawn; Picnic Tables (shaded); Playground; Restroom; Softball Practice Fields; Tot Lot; Walking Paths; Viola Blythe Community
Center; Volleyball Pit
Youth Soccer practice field; Softball/Little League practice field; Passive recreation
Proximity to Hetch Hetchy Right-Of-Way (jurisdiction of San Francisco Public Utilities Commission)
Structural updates to facilities (playgrounds, picnic
shelters, volleyball pit) ; Potential site for reservable picnic facility; Potential site for community demonstration or decorative garden; Close proximity to Newark Senior
Center use (bocce ball, gardens, etc.) Full size softball field.

Though park is assigned as practice field for Softball/Little League and Youth Soccer, it is not usually used due to
poor quality of fields; Park needs improved maintenance (trash management, graffiti and vandalism); Park has
history of gang use and public safety challenges
Location:

Size:

Use:

Current
Condition:

Facilities and
Amenities:

Recreation
Provided:

Constraints:

Opportunities:

Additional
Observations:
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LAKESHORE PARK
Lake Boulevard at Parkshore Drive
26 acres (10 acres turf, 16 acres water)
Neighborhood Park
Lake-side community park used for passive recreation
related to walking and fishing
Benches; Fish-stocked water body; Lawn; Parcourse;
Walking Paths
Fishing; Youth Fishing Day
Limited parking access; narrow park band adjacent to the water that limits additional park amenities; restroom and boat house is in poor condition; many Canada Geese in
the park
Potential site for new playground or tot lot; Enhance and update parcourse; Potential for new restroom and group
picnic tables; Additional lighting for pathway
Geese and wildlife present throughout site; Basic
maintenance
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17 Packet Page No. 382
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MACGREGOR FIELDS
Cedar Boulevard at Lake Boulevard
10 acres
Special Use Park
Large sports field shared between the City of Newark and the Newark Unified School District for sport league access and community events
(4)Baseball backstops; Open Field/Lawn; (4)Soccer Fields Youth Soccer; Youth Baseball; Newark Days (hosts up to
80,000 people over 4 days)
Proximity to neighboring homes during Newark Days/
festival events
Enhance opportunity as a carnival space; Potential for
dedicated cricket pitch with field lighting or additional dedicated softball/baseball fields
Owned by Newark Unified School District but maintained
and programmed by City through a lease agreement;
Newark Days carnival creates challenge for grass
maintenance
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Condition:

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Amenities:

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19 Packet Page No. 384
200 sc N
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MAYHEWS LANDING PARK
Cherry Street at Montcalm Avenue
8 acres
Neighborhood Park
Large neighborhood park with opportunities for passive
recreation
Barbecue Pits; Basketball Court; Benches; Open Field/
Lawn; Picnic Tables; Playground; Walking Paths
Passive recreation
NA
Structural updates to facilities (basketball court,
playgrounds, picnic area); Potential for additional facilities such as outdoor fitness equipment
During site visits, park was in use through passive
recreation (people sitting on lawn, playing basketball, flying kites)
Location:

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Opportunities:

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MIRABEAU PARK
Haley Street at Mirabeau Drive
6 acres
Neighborhood Park
Lightly-used neighborhood park with play structure, large field and perimeter path
Benches; Open Field/Lawn; Playground; Tot Lot; Walking
Paths
Passive recreation
NA
Update existing playground and adjacent seating;
Potential site for additional recreation facilities such as climbing wall and half-court basketball
Improved maintenance needed at park; During the
site visit, several young teenagers were using the play structures
Location:

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Condition:

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Provided:

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23 Packet Page No. 388
200 sc N
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MUSICK PARK
Musick Avenue at Cedar Boulevard
1 acre
Neighborhood Park
Simple neighborhood pocket park
Benches; Open Field/Lawn; Playground; Walking Paths
Passive recreation
Park is very small
Update play structure and site amenities; Provide
additional seating; Provide perimeter fence for safety
Minimal community use; Underused pocket park
Location:

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25 Packet Page No. 390
200 sc N
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NEWARK COMMUNITY PARK
Cedar Boulevard at Chapman Drive
16 acres
Community Park
Well-maintained and well-used community park actively
accessed by community for passive recreation and festival/ community events
Barbecue Pits; Basketball/Wall Ball Court; Community
Center (hosts Newark Chamber of Commerce, event
facility rental, licensed child care center for ages 3-5); Benches; Lit Tennis Courts; Open Field/Lawn; Picnic Tables; Playground; Restroom; Tot Lot; Walking Paths; Water Play (not in use)
Passive recreation; Newark Days (hosts up to 80,000
people over 4 days); Family Day at the Park
Proximity to residential homes
Structural updates to facilities (basketball court,
playgrounds, picnic areas) ; Potential site for all-abilities play area for both school and tot age; Potential site for reservable picnic facilities; Update existing restroom
Additional space at northern tip, where former petting
zoo was removed; Restroom maintenance is a challenge
due to unwanted activity; Vandalism and graffiti can be an issue for maintenance
Location:

Size:

Use:

Current
Condition:

Facilities and
Amenities:

Recreation
Provided:

Constraints:

Opportunities:

Additional
Observations:
27 Packet Page No. 392
200 sc N
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SHIRLEY SISK GROVE
Cedar Boulevard at North Magazine
2 acres
Special Use Park
Unimproved open space with minimal maintenance and
seasonal use; No facilities
Temporary stage for seasonal music performances,
Wooded Lawn
Newark Mariachi Festival; Music at the Grove Summer
Concert Series; Sunday Afternoon Concert Series
Heavily forested Eucalyptus trees block clear views to
stage; Site purchased through State grant means limited opportunity to change site use
Create permanent outdoor performance space with stage,
utilities, and parking; Potential for school age play area No parking at site requires use of NewPark Mall parking ; Sight lines/visibility should be improved for safety; Located in a part of the City that is not pedestrian-friendly; Eucalyptus trees require pruning
Location:

Size:

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Condition:

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Amenities:

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Provided:

Constraints:

Opportunities:

Additional
Observations:
29 Packet Page No. 394
200 sc N
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SPORTSFIELD PARK
Mowry Boulevard at Cherry Street
30 acres
Community Park
Actively-used sports fields for organized and recreational play
Open Field/Lawn; Restroom; Soccer Fields; Softball Playing Field; Walking Path
Youth Soccer; Youth Baseball/Softball
City has outgrown the site’s field capacity; Limited parking during peak periods
Potential restroom and concession stand; Group picnic
areas; Potential location for multi-sport, baseball and soccer field; Addition of playgrounds; Expand existing
parking lot; Update existing pedestrian pathway
Site is also popular for pick-up games during the day
(local professionals, etc.); Restroom is only open during league/practice times due to unwanted activity; Located next to Ohlone College
Location:

Size:

Use:

Current
Condition:

Facilities and
Amenities:

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Provided:

Constraints:

Opportunities:

Additional
Observations:
31 Packet Page No. 396
200 sc N
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SUSAN JOHNSON BRIDGEPOINTE PARK
Spruce Street at Bridgepointe Drive
4 acres
Neighborhood Park
Well-maintained neighborhood park that is currently
underutilized by the community
Barbecue Pits, Benches, Open Field/Lawn, Picnic Tables, Playground, Walking Paths
Passive recreation
Proximity to flood channel on Eastern edge of park; Close to residential homes/neighborhood
Landscape maintenance can improve; Structural updates
to facilities (playground and picnic areas); Potential site for additional recreation facilities such as climbing wall and half court basketball
Popular park for off-leash dog play, although not officially allowed
Location:

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Use:

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Condition:

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Amenities:

Recreation
Provided:

Constraints:

Opportunities:

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Observations:
33 Packet Page No. 398
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Newark Citywide Parks Master Plan Update

DEMOGRAPHIC AND

RECREATIONAL TRENDS
Appendix C – DEMOGRAPHIC AND RECREATIONAL TRENDS
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INTRODUCTION
Demographic analysis is an effective tool for identifying the characteristics of Newark’s population that impact the demand for services. Demographic characteristics can be predictive of how segments of the population are likely to use the city’s parks, programs, and facilities. Population interests vary based on differences in age, household composition, income, education, race/ethnicity, and other demographic measures. Population changes and patterns can also be identified and compared to the State and County. Conclusions can be made about community preferences and needs based on these patterns.

These conclusions impact the recommended steps and goals of Newark’s Citywide Parks Master Plan Update.

State, regional, and national social, economic, environmental, and recreational trends will impact the demand and the delivery of recreation services in the City of Newark. Trends analysis identifies changing social patterns that shape societal characteristics, preferences, and interests.

As a forecasting tool, it can be used to predict potential demand for amenities and services for recreation, leisure, and park pursuits.

Assessing demographic and recreation trends provides useful planning data to anticipate changing interests and needs and to create spaces and programs to serve those anticipated needs.

The following section assesses and discusses demographic and recreational trends identified in the City of Newark.

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Newark Citywide Parks Master Plan Update

COMMUNITY WORKSHOPS,

NOTES, & SUMMARY
Appendix D – COMMUNITY WORKSHOPS, NOTES, AND SUMMARY
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Newark Citywide Parks Master Plan Update

OPINION OF PROBABLE COST
Appendix E – OPINION OF PROBABLE COST
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Newark Citywide Parks Master Plan Update

PROJECTS BY PRIORITY
Appendix F – PROJECTS BY PRIORITY
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Newark Citywide Parks Master Plan Update

PLAYGROUND SAFETY AUDIT
Appendix G – PLAYGROUND SAFETY AUDIT
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City of Newark

CITYWIDE PARKS MASTER PLAN UPDATE
DRAFT October, 2024
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1 October 24, 2024

LANDSCAPE ARCHITECTURE
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/ LANDSCAPE ARCHITECTURE 2

EXECUTIVE SUMMARY

1. PURPOSE

2. SCOPE
A. Inventory and Needs Assessment
B. Community Outreach
C. Potential Expansion Analysis and
Project Refinement
D. Priority Setting
E. Priority Project
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/ LANDSCAPE ARCHITECTURE 3

PLANNING PROCESS

1. PLANNING PROCESS
A. Stakeholder Interviews
B. Community Workshops
C. Community Survey
D. Staff Engagement

2. REVIEW OF EXISTING AND FUTURE

PLANNING EFFORTS
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/ LANDSCAPE ARCHITECTURE 4

EXISTING FRAMEWORK

1. PARK AMENITIES OVERVIEW
A. Existing Park Network
B. Issues and Opportunities
i. Accessibility
ii. Maintenance
iii. Quality of Structures
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/ LANDSCAPE ARCHITECTURE
5 EXISTING PARKS
Neighborhood Parks
Byington Park
Civic Center Park
Jerry Raber Ash Street Park
Lakeshore Park
Mayhews Landing Park
Mirabeau Park
Musick Park
Sanctuary Park
Susan Johnson Bridgepointe Park
Community Parks
Birch Grove Park
Newark Community Park
Sportsfield Park
Special Use Parks
Shirley Sisk Grove
MacGregor Playfields Jerry Raber Ash
Street Park
Byington Park
Susan Johnson
Bridgepointe
Park
Mayhews
Landing Park
Mirabeau Park
Musick Park
Sanctuary
Park
Civic Center Park
Birch Grove Park
Newark Community Park Lakeshore Park
Sportsfield
Park
Shirley
Sisk
Grove
MacGregor Playfields
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/ LANDSCAPE ARCHITECTURE 6

EXISTING FRAMEWORK
Birch Grove Park MacGregor Playfields
Byington Park Civic Center Park Ash Street Park Lakeshore Park Mayhews Landing Park Mirabeau Park Musick Park Sanctuary Park Susan Johnson Bridgepointe Park Newark Community Park Sportsfield Park Shirley Sisk Grove Packet Page No. 490
/ LANDSCAPE ARCHITECTURE 7

NEEDS ASSESSMENT

1.DEMAND
A. Community Input
i. Community Survey
ii. Community Outreach Events
iii. Stakeholder Interviews
B. Community Engagement Overview
i. Community Outreach #1
(9/17/2023)
ii. Community Outreach #2
(1/9/2024)
iii. Community Outreach #3
(2/27/2024)
iv. Stakeholder Interviews
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CITY OF NEWARK
470 Online
Survey
Responses
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CITY OF NEWARK
Six Stakeholder Interviews

LANDSCAPE ARCHITECTURE
samples of participation
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CITY OF NEWARK
Community Outreach Events
Event #1 Event #2 Event #3

LANDSCAPE ARCHITECTURE
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CITY OF NEWARK
Priorities:
• Lighted Sports Fields and Courts
• Enhanced Path Maintenance
• Playground Improvements
• Field Maintenance
• Additional Path Lighting

LANDSCAPE ARCHITECTURE
New Amenities:
• Additional restrooms
• All abilities playground
• Trails and pathways
• Dedicated softball fields
• Park furniture
Outcomes
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/ LANDSCAPE ARCHITECTURE 12

IMPLEMENTATION

1.PRIORITIZATION PROCESS

2.PRIORITY PROJECTS
- Children’s Play Areas
- Restrooms
- Maintenance and Playfields
- Trails and Pathway
Improvements
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/ LANDSCAPE ARCHITECTURE 13
This process was guided by seven key criteria, each of which was assigned a maximum value from 1 to 5 based on its relative importance.

PRIORITIZATION PROCESS
0 0
0 0
0 0
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The following park projects have been identified as the top four actionable priorities in the Citywide Parks Master Plan Update:
• Children’s Play Areas (high, moderate, lower)
• Restrooms
• Maintenance and Play Fields
• Trails and Pathway Improvements

PRIORITY PROJECTS
Children’s Play Areas Restrooms Maintenance and Play Fields Trails and Pathway Improvements Packet Page No. 498
/ LANDSCAPE ARCHITECTURE 15
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PROTECT AND SUPPORT THE EXISTING NETWORK
Overarching Goals
From the Open Space Element of the City’s General Plan

ACCOMMODATE DEMANDS IN SERVICE

ENHANCE COMMUNITY IDENTITY

FOSTER CONNECTIVITY
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/ LANDSCAPE ARCHITECTURE 17

THANK YOU

QUESTIONS AND/OR
COMMENTS?
Packet Page No. 501
Item F. 2.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Strategic Initiatives Manager
SUBJECT Presentation of Lakeshore Park for the Parks Master Plan Update SUMMARY AND RECOMMENDATION
There are five items on the agenda for this City Council meeting that relate to the Parks Master Plan Update ("Plan"). The first item provides background and considerations regarding the Plan. Next, there are three separate items that consist of presentations on three specific parks in order to address conflicts of interests for Council Members. The fifth and final item is a presentation on most of the City's parks.

This particular agenda item consists of a presentation of Lakeshore Park only (one of the three parks in which Council Members have a conflict of interest).

No formal action is needed on this item; however, at the City Council meeting staff will request feedback and comments from the Council, which will be incorporated into the final version of the Plan that will be adopted at a City Council meeting in the future.

BACKGROUND
In 2017, the City Council approved the Citywide Parks Master Plan, which outlined various goals and conceptual plans for each park. Three priority projects were completed as a result of the 2017 Plan: NewBark Dog Park at Newark Community Park, and an all-weather athletic turf field and a skate park at Mel Nunes Sportsfield Park.

Staff will present Lakeshore Park as part of the Parks Master Plan Update separately and apart from the other portions of the Parks Master Plan Update.

DISCUSSION/ANALYSIS
Following the presentation from staff, the City Council is invited to ask questions or Packet Page No. 502
Following the presentation from staff, the City Council is invited to ask questions or seek clarification. Staff is not seeking final action; only feedback on Lakeshore Park.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Strategic Initiatives Manager Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Presentation Lakeshore Park
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1 October 24, 2024

LANDSCAPE ARCHITECTURE
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ALIGNED MASTER

PLAN GOALS
LAKESHORE PARK 2024 Plan Update Priorities
- New Restroom
- New Playground
- Trails and Pathway
Improvements
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/ LANDSCAPE ARCHITECTURE 3

THANK YOU

QUESTIONS AND/OR
COMMENTS?
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Item F. 3.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Strategic Initiatives Manager
SUBJECT Presentation of Jerry Raber Ash Street Park for the Parks Master Plan Update
SUMMARY AND RECOMMENDATION
There are five items on the agenda for this City Council meeting that relate to the Parks Master Plan Update ("Plan"). The first item provides background and considerations regarding the Plan. Next, there are three separate items that consist of presentations on three specific parks in order to address conflicts of interests for Council Members. The fifth and final item is a presentation on most of the City's parks.

This particular agenda item consists of a presentation of the Jerry Raber Ash Street Park only (one of the three parks in which Council Members' have a conflict of interest).

Staff will present Jerry Raber Ash Street Park as part of the Parks Master Plan Update separately and apart from the other portions of the Parks Master Plan Update.

DISCUSSION/ANALYSIS
Following the presentation from staff, the City Council is invited to ask questions or Packet Page No. 507
Following the presentation from staff, the City Council is invited to ask questions or seek clarification. Staff is not seeking final action; only feedback on the Jerry Raber Ash Street Park.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Strategic Initiatives Manager Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation Ash Street Park
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1 October 24, 2024

LANDSCAPE ARCHITECTURE
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JERRY RABER ASH STREET PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (high)
- Enhanced Play Field
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/ LANDSCAPE ARCHITECTURE 3

THANK YOU

QUESTIONS AND/OR
COMMENTS?
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Item F. 4.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Strategic Initiatives Manager
SUBJECT Presentation of Cedar Linear Park for the Parks Master Plan Update
SUMMARY AND RECOMMENDATION
There are five items on the agenda for this City Council meeting that relate to the Parks Master Plan Update ("Plan"). The first item provides background and considerations regarding the Plan. Next, there are three separate items that consist of presentations on three specific parks in order to address conflicts of interests for Council Members. The fifth and final item is a presentation on most of the City's parks.

This particular agenda item consists of a presentation of the Cedar Linear Park only (one of the three parks in which Council Members' have a conflict of interest).

Staff will present Cedar Linear Park as part of the Parks Master Plan Update separately and apart from the other portions of the Parks Master Plan Update.

DISCUSSION/ANALYSIS
Following the presentation from staff, the City Council is invited to ask questions or Packet Page No. 512
Following the presentation from staff, the City Council is invited to ask questions or seek clarification. Staff is not seeking final action; only feedback on Cedar Linear Park.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Strategic Initiatives Manager Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation Cedar Linear
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1 October 24, 2024

LANDSCAPE ARCHITECTURE
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CEDAR BOULEVARD LINEAR PARK

ALIGNED MASTER PLAN
GOALS
2024 Plan Update
Priorities
- Trails and Pathway
Improvements
- New Playground
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/ LANDSCAPE ARCHITECTURE 3

THANK YOU

QUESTIONS AND/OR
COMMENTS?
Packet Page No. 516
Item F. 5.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Strategic Initiatives Manager
SUBJECT Presentation of specific parks as part of the Parks Master Plan Update
SUMMARY AND RECOMMENDATION
There are five items on the agenda for this City Council meeting that relate to the Parks Master Plan Update ("Plan"). The first item provides background and considerations regarding the Plan and the next three items consist of presentations on three specific parks in order to address conflicts of interests for Council Members.

The fifth and final item, which is this item, is a presentation on most of the City's parks.

Staff will present on a number of projects as part of the Parks Master Plan Update separately and apart from the other portions of the Parks Master Plan Update.

Packet Page No. 517

DISCUSSION/ANALYSIS
Following the presentation from staff, the City Council is invited to ask questions or seek clarification. Staff is not seeking final action; only feedback on the particular projects identified in the presentation.

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

REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Strategic Initiatives Manager Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation Remainder Parks
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1 October 24, 2024

LANDSCAPE ARCHITECTURE
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BIRCH GROVE PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Enhanced Play Field
- Replace Playground
(high)
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/ LANDSCAPE ARCHITECTURE 3

BYINGTON PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (lower)
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/ LANDSCAPE ARCHITECTURE 4

CIVIC CENTER PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (Moderate)
- Enhanced Playfield
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/ LANDSCAPE ARCHITECTURE 5

GRAND PARK

ALIGNED MASTER PLAN GOALS
Plan by Private Developer
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/ LANDSCAPE ARCHITECTURE 6

MACGREGOR PLAYFIELDS

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Enhance Playfield
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/ LANDSCAPE ARCHITECTURE 7

MAYHEWS LANDING PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (Moderate)
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/ LANDSCAPE ARCHITECTURE 8

MIRABEAU PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (high)
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/ LANDSCAPE ARCHITECTURE 9

MUSICK PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (lower)
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NEWARK COMMUNITY CENTER PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground (high)
- New All Abilities Play Area
- Update/Replace Restroom
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/ LANDSCAPE ARCHITECTURE 11

SANCTUARY PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- New Playfield
- New Playground
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/ LANDSCAPE ARCHITECTURE 12

SHIRLEY SISK GROVE PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- New Playground
- New Restroom
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/ LANDSCAPE ARCHITECTURE 13
SPORTSFIELD PARK ALIGNED MASTER PLAN GOALS 2024 Plan Update Priorities - Enhanced Playfield
- New Restroom
- New Playground
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SUSAN JOHNSON BRIDGEPOINTE PARK

ALIGNED MASTER PLAN GOALS
2024 Plan Update Priorities
- Replace Playground
(moderate)
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/ ECONOMIC AND PLANNING SYSTEMS 15
Parks Funding is required in two key categories:
• Ongoing Parks Maintenance
• Periodic Investments in New Parks, Facilities, and Repairs Like many other California jurisdictions, the City currently has limited funding for these functions with primary funding coming from:
• City’s General Fund
• Development impact fees from New Development
Parks Maintenance: The Parks and Landscape Maintenance Division of the Public Works Department is responsible for operations and maintenance of City parks. • $3.76 million budgeted for Fiscal Year 2025/26, primarily from the City’s General Fund.

Capital Improvements: The City collects capital improvement funding from new development through its City park dedication and fees. The amount of revenue received depends on the level and type of new development.
• Fiscal Year 2023, the parks impact fee fund balance was about $5.8 million with about $3.8 million in uncommitted funding.

FINANCIAL ANALYSIS AND MANAGEMENT
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CAPITAL IMPROVEMENT INVESTMENTS
The Master Plan has identified potential improvements to a number of City parks.

Priorities have been set based on the criteria identified in the Master Plan.

The need for additional park maintenance or programming expenditures should also be considered when making these investments.

GRAND TOTAL FOR ALL RECOMMENDATIONS: $36,703,000

ECONOMIC AND PLANNING SYSTEMS
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To accelerate the timing of the capital improvement projects and to supplement existing funding for the strong maintenance and management of existing parks, the City could consider exploring additional funding options at an appropriate point in time.

Additional funding sources can be divided into two key categories:
• Grants and charitable contributions
• Review funding provided by new development
The two categories may be worth pursuing, though each of them comes with unique opportunities and challenges.

POTENTIAL ADDITIONAL FUNDING OPTIONS

ECONOMIC AND PLANNING SYSTEMS
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• Incorporate feedback received from all presentations tonight • Present a final draft Parks Master Plan Update to City Council at a future meeting • Present an update of the Capital Improvement Plan to City Council mid-2025, to include expenditure recommendations of park funds
• Publish Capital Improvement Plan, including park-related projects, on City's website

NEXT STEPS

ECONOMIC AND PLANNING SYSTEMS
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THANK YOU

QUESTIONS AND/OR
COMMENTS?
Packet Page No. 537
Item F. 6.

DATE 10/24/2024
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Adopt resolutions for Establishment of a Section 115 Trust through the Public Agency Retirement Services (PARS) Post-Employment Benefits Trust Program and Amendment of the 2024-2026 Biennial Budget and Capital Improvement Plan SUMMARY AND RECOMMENDATION
The City of Newark currently contracts with the California Public Employees' Retirement System (CalPERS) to provide Pension and Other Post-Employment Benefits (“OPEB”) to its employees. At the City Council meeting held on May 9th of this year, the City Council received a presentation from City staff and the City’s financial consultants, NHA Financial Advisors, that summarized the City’s efforts to date to address pension and OPEB liabilities as well as cost management strategies that have been implemented. The presentation also included discussion on the possibility of creating a Section 115 Pension Trust as a critical element to address pension and OPEB liabilities. The Council then directed staff to return to the Council with the necessary actions for the Council to consider that would establish a Section 115 Trust. The attached resolutions are in response to that direction and authorize the creation and funding of a Section 115 Trust.

For the reasons outlined in the staff report and May 9th presentation, along with the information provided below, staff recommends that the Council approve two resolutions. The first establishes the Section 115 Trust and appoints the Plan Administrators. The second authorizes the City Manager, the Finance Director, or their designee to execute all necessary agreements with Public Agency Retirement Services (PARS) to establish the Section 115 Trust. Additionally, the Council is asked to approve the transfer of up to $12 million from the Pension and OPEB Reserve Fund to establish the Section 115 Trust. This $12 million was previously appropriated in FY 2024, and to ensure proper accounting and uphold transparency, staff requests authorization to reappropriate these funds that were not spent in the previous fiscal year for the same purpose in Fiscal Year (FY) 2025.

As pension and OPEB costs continue to rise, driven by longer retiree lifespans, changing actuarial assumptions, and volatile investment returns, the City has identified the establishment of a Section 115 Trust as the next strategic step. This trust will allow the City to invest funds for pension and OPEB purposes with the potential for higher returns, while ensuring these funds remain irrevocably committed to their intended use.

BACKGROUND
Like many California municipalities, the City of Newark participates in CalPERS to provide pension benefits for its employees. The City’s required contributions to CalPERS are determined by factors such as investment returns, actuarial assumptions, and funding policies. These contributions, adjusted annually, are essential to addressing the City’s pension obligations.

In anticipation of rising pension costs, the City took proactive measures by adopting a Pension and Other Post-Employment Benefits (OPEB) Reserve Policy in February 2017, with an initial deposit of $5 million into the reserve. This policy authorizes the City Manager to allocate salary savings and surpluses Packet Page No. 538
to the reserve fund. The funds held in the pension and OPEB reserve are intended to reduce the City’s unfunded pension and OPEB liabilities (UAL), which represent the difference between the City’s accumulated plan assets and the total cost of earned benefits. The long-term goal of the reserve is to pay down the UAL and reach a 100% funded status.

On May 9, 2024, City staff, in partnership with NHA Financial Advisors, delivered an informational presentation to the City Council on pension and cost management strategies. The presentation provided a comprehensive review of the City’s pension liabilities and strategies to date to address and manage those costs. Those strategies include Additional Discretionary Payments (ADPs) to CalPERS, which involve prepaying the annual Unfunded Actuarial Liabilities (UAL) at a discounted lump-sum rate, implementing negotiated cost-sharing terms through Memorandums of Understanding (MOUs) with employees since 2005, and adopting the Fresh Start Amortization in 2015. The Fresh Start Amortization option streamlines payment schedules, shortens the repayment period, and reduces overall interest costs by utilizing a shorter amortization timeline.

Staff and NHA Financial Advisors also emphasized the implementation of a Section 115 Pension Trust as a critical element of the City’s long-term strategy. The Council engaged in a detailed discussion, providing feedback and seeking clarification. Following the discussion, the Council unanimously approved the motion directing staff to return with the necessary actions for Council consideration to establish the Section 115 Trust.

DISCUSSION/ANALYSIS
The establishment of a Section 115 Trust is a critical tool that will enable the City to accumulate, hold, and manage assets exclusively for pension-related costs. This step will provide the City with enhanced flexibility and control over its pension funding strategy, particularly in addressing unfunded actuarial liabilities (UAL) while ensuring the long-term stability of pension obligations.

Pension Trust disbursements may be used to pay for normal cost payments as well as UAL payments.

The Pension Trust does not require a minimum starting contribution or required annual contributions.

This allows the City to adjust pension pre-funding contributions based on fiscal conditions, rather than locking into fixed contributions that could strain budgets in economic downturns. Withdrawals of plan assets are not permitted for any other use than for pension-related costs paid by the City. Staff will seek direction from the Council on any future appropriation of funds to contribute to the Pension Trust.

Current Pension Management Strategies
To date, the City of Newark has implemented a variety of strategies to manage its pension obligations:

Actuarially Determined Contributions (ADC): Each year, the City contributes to CalPERS the minimum required amount, consisting of the Normal Cost and UAL payment, ensuring that current and past pension obligations are funded.

1. Annual UAL Prepayment: The City leverages the CalPERS prepayment option to pay the UAL in a lump sum at a discounted rate, generating cost savings and reducing overall pension costs.

2. Additional Discretionary Payments (ADPs): Over the past few years, the City has made substantial ADPs to CalPERS, including a $10 million payment to the Safety Plan in 2021 and a $5 million payment to the Miscellaneous Plan in 2022. These payments have significantly reduced the UAL.

3. Cost Sharing with Employees: The City successfully negotiated with employees, nearly twenty years ago, to share pension costs.

New employees are enrolled under the Public Employees' Pension Reform Act (PEPRA), which offers lower-cost and lower-benefit plans, helping to control future liabilities.

4. Fresh Start Amortization: Newark’s decision to adopt CalPERS's Fresh Start Amortization for both the Safety and Miscellaneous Plans has streamlined repayment schedules, shortened amortization periods, and decreased long-term interest payments.

5. The establishment of a Section 115 Pension Trust is a strategic step to enhance the City’s long-term fiscal sustainability and effectively manage pension obligations. This approach, recognized as an industry best practice by the Government Finance Officers Association (GFOA).

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industry best practice by the Government Finance Officers Association (GFOA).

Key Benefits of the Section 115 Pension Trust:

Irrevocability and Specific Use: Funds in the trust are irrevocable and can only be used for pension or OPEB costs, ensuring they are dedicated solely to these obligations.

1. Higher Yielding Investments: The trust allows the City to invest in higher-yielding instruments compared to its current investments, such as LAIF, offering greater potential for long-term returns and enhanced financial flexibility.

2. Local Control: The City retains control over the trust’s funds, with the ability to access them at any time, provided they are used for pension-related costs.

3. Investment Flexibility: The trust allows for more diversified investments, potentially leading to higher returns and helping reduce long-term liabilities.

4. Pension Rate Stabilization: The trust acts as a financial reserve, allowing the City to smooth out fluctuations in pension rates and providing greater budgetary predictability.

5. Professional Investment Management: The City can benefit from the expertise of professional fund managers while maintaining oversight to ensure alignment with risk tolerance and investment goals.

6. Long-Term Financial Stability: The trust helps address unfunded pension and OPEB liabilities, strengthening the City's financial position.

7. Improved Bond Rating Potential: By reducing pension liabilities, the trust can improve the City’s bond rating, potentially lowering borrowing costs for future projects.

8. Evaluation of Options
The City, in collaboration with NHA Financial Advisors, initially evaluated four potential administrators for the Section 115 Pension Trust: PARS, CalPERS, Keenan, and Shuster. After reviewing preliminary pricing and services, the focus narrowed to a more in-depth evaluation of PARS and CalPERS as the primary candidates for administering the Trust.

Keenan was not selected for further consideration because, despite similar costs, it offered fewer services tailored to pension and OPEB management compared to PARS. While Keenan is experienced in employee benefits and insurance services, it lacks the specialized expertise in Section 115 Trust management that PARS provides.

Shuster was not further evaluated because it lacks the breadth of investment and administrative services offered by more established providers like PARS. While Shuster specializes in consulting services for public sector organizations with a focus on employee benefits and retirement planning, its narrower scope in investing made it less suitable for managing the City's pension and OPEB obligations.

Furthermore, both Keenan and Shuster's trustee and investment teams did not offer the same level of service, expertise, or integration as those provided by PARS's trustee and investment partners.

CalPERS was not selected due to its standardized approach, which limits flexibility in investment options and plan design, as it manages investments internally and follows statewide policies. While local agencies may save on administrative fees, they could face higher long-term liabilities due to less Packet Page No. 540
customized strategies, resulting in lower investment returns compared to PARS.

Ultimately, PARS was selected as the preferred administrator for the City's Section 115 Trust due to its specialized expertise, strong trustee and investment partnerships, flexible service offerings, and focus on public sector agencies, all of which make it the best fit for Newark’s pension and OPEB management needs. The decision to select PARS is further supported by its extensive experience, flexibility, and superior offerings in comparison to other options.

Key benefits include:

Experience: PARS has been partnering with public agencies since 1984, pioneering pension prefunding solutions. As an industry leader, PARS developed both the OPEB Prefunding Trust and the Pension Rate Stabilization Program to help agencies manage their long-term liabilities.

Additionally, PARS has secured the first and only IRS Private Letter Ruling (PLR), guaranteeing the tax-exempt status of investment income and capital gains within these trusts.

1. Widespread Adoption: PARS is the largest provider of pension prefunding services in California, serving over 500 public agencies with Section 115 Trust solutions. Its extensive client base includes neighboring cities such as Dublin, Livermore, Palo Alto, Pleasanton, Redwood City, San Leandro, San Ramon, and Union City, all of which rely on PARS for their pension management needs.

2. Investment Flexibility: PARS offers the most flexible range of investment options, providing a wide array of choices from conservative to growth-oriented allocations. Clients can select between actively or passively managed funds or opt for a customized portfolio tailored to their specific needs. As explained below, staff recommends the PFMAM Target Index-Based Strategy due to its low costs and strong performance potential.

3. Reimbursement Flexibility: PARS allows the City to request reimbursements from the Section 115 Trust for pension-related expenses incurred within the last two years. This benefit provides crucial financial flexibility, enabling the City to recover funds previously allocated to pension payments. In times of unforeseen emergencies or budget constraints, the City can access these funds to provide liquidity for urgent, unplanned needs, alleviating budgetary pressure without disrupting other financial commitments.

4. Comprehensive Trustee Services: U.S. Bank serves as the trustee and fiduciary for PARS, ensuring the safety of assets. Additionally, PARS provides mutual indemnification, a feature not offered by other providers.

5. The PARS Index-Based Strategy is a cost-effective, low-maintenance option offering broad market exposure with minimal staff involvement, making it an excellent fit for Newark's priorities of stability, cost savings, and simplicity. It is comparable to CalPERS's passive approach but provides greater control and customization. In contrast, the PARS Actively Managed Strategy offers the potential for higher returns and flexibility but comes with higher costs and requires more day-to-day staff involvement and oversight.

Within the passively managed strategy, there are four portfolio options: Fixed Income, Conservative, Balanced, and Growth. Staff recommends selecting the Conservative portfolio. Due to the proactive management of pension costs by both current and past leadership, the City is in a strong financial position and does not need to assume the higher risks that other cities may face. This conservative approach ensures continued financial stability while effectively supporting the City’s long-term financial goals. Additionally, the City has the flexibility to switch between strategies and portfolios at any time, and as many times as needed, allowing for adjustments based on changing financial conditions or objectives.

In addition to the benefits mentioned above, PARS provides a higher level of service for trust administration, which includes:

Assisting with the development of an investment policy.

Offering funding recommendations tailored to the City’s specific fiscal needs.

Providing the City with full control over asset management and investment selection, supported by Packet Page No. 541
professional guidance from a management team chosen by the City.

Additional Key Advantages of PARS:

Superior Returns: Based on historical performance, PARS is expected to deliver higher returns than CalPERS, especially when using the Balanced or Growth investment strategies.

Competitive Fee Structure: PARS offers a more competitive asset-based fee structure that decreases as assets grow, unlike CalPERS, which requires separate trusts and fee structures for pensions and OPEB, adding complexity and cost.

Diversification: Establishing a Section 115 Trust with PARS enables the City to diversify its investments, reducing reliance on a single provider, such as CalPERS, and spreading risk across multiple investment options.

These factors make PARS the most suitable choice for the City’s Section 115 Trust administration.

Next Steps:

The adoption of resolutions to establish a Section 115 Trust through the PARS Post-Employment Benefits Trust Program, along with the appointment of the City Manager, the Finance Director, and their designee as Plan Administrators, are critical initial steps. Following these actions, staff will collaborate with PARS to finalize investment strategies and establish the pension trust account. Once the trust is in place, the City will have the flexibility to make contributions at its discretion, with the potential to contribute up to $12 million. This flexibility allows the City to adapt to changing fiscal conditions and strategically pre-fund its pension obligations. PARS will conduct annual reviews and provide updates to City staff, which will be integrated into the City's annual budget updates for the City Council.

In conclusion, the establishment of the Section 115 Pension Trust represents a critical step in the City’s proactive approach to managing pension liabilities. This initiative not only enhances long-term fiscal sustainability but also provides the flexibility needed to meet current and future obligations. By adopting this trust structure, the City will be better positioned to manage pension costs effectively, ensuring alignment with best practices in public sector financial management and securing the City’s financial future.

FISCAL IMPACT
The City’s Pension and OPEB Reserve is in a strong financial position to establish and fund a Pension Trust. With a current balance of just under $13 million, the reserve provides sufficient funds for an initial contribution of up to $12 million.

There is no cost to establish the PARS Section 115 Trust. Fees are assessed only after an initial contribution is made and are based on a percentage of the total invested funds, charged monthly from plan assets.

The fee structure for the PFMAM Target Index-Based Strategy is as follows:

Trust Administration/Consulting Fees:

0.25% for the first $10 million

0.20% for the next $5 million

0.15% for the next $35 million

0.10% for all over $50 million
Discretionary Trustee/Investment Management Fees:

0.076% annually (blended rate, paid to U.S. Bank)
For an initial contribution of $12 million, the estimated annual fees are:

Trust Administration/Consulting Fees: 0.242% annually
Discretionary Trustee/Investment Management Fees: 0.076% annually Total Monthly Fees: Approximately $3,177
The initial $12 million contribution will be transferred from the Pension and OPEB Reserve Fund (103) to the General Fund (110), as appropriated by the City Council in FY 2024. To ensure accounting Packet Page No. 542
accuracy and financial transparency, staff requests Council authorization to reappropriate these funds to FY 2025.

REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Presentation Oct. 24
Resolution_1_Establish_115_Trust_Admin_PARS
Resolution_2_ PARS_ CSA_Budget_Adj
PARS Agreement for Administrative Services
May_9th_Presentation
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City of Newark
PARS 115 Trust – Pension Rate Stabilization Program (PRSP) October 24, 2024
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Background - Retirement Plans
• CalPERS administers
the City’s two defined
benefit plans
• PEPRA is helpful in
managing and
reducing long-term
pension costs for new
employees
• However, over 99% of
UAL is attributable to
Classic plans and not
reduced by PEPRA

MISCELLANEOUS PLANS
Benefit Group # of
Actives
% of
Actives Benefit Formula
Classic Miscellaneous 58 47.9% 2.5% @ 55
PEPRA Miscellaneous 63 52.1% 2.0% @ 62
Total Active Members 121 100.0% -
Total Covered Members 578

SAFETY PLANS
Benefit Group # of
Actives
% of
Actives Benefit Formula
Classic Safety Police 23 46.9% 3.0% @ 50
PEPRA Safety Police 26 53.1% 2.7% @ 57
Total Active Members 49 100% -
Total Covered Members 313
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201720182019202020212022202320242025202620272028202920302031203220332034203520362037203820392040204120422043204420452046204720482049 Note: This graphic represents a hypothetical California public agency’s CalPERS UAL and is provided here for educational purposes.

Net UAL
Payments
UAL Payments are like a “Layer Cake”
More Layers Each Year; Increasing or Decreasing
Height and Shape of “Cake”
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Background on How CalPERS Works
 Normal Cost (“NC”) = Annual cost
for current employees
 Unfunded Accrued Liability (“UAL”):

Annual payment to amortize the
“debt” to CalPERS
*Source: CalPERS Actuarial Reports. Reflects UAL
balance as of 6/30/2023.

Unfunded
Accrued
Liability (UAL):
$124 Million
Market Value
of Assets:
$251 Million
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Cost-Containment Strategies – Not Mutually Exclusive
(1) Negotiate Cost Sharing With Employees
(2) Fresh Start Amortization offered by CalPERS
(3) UAL Lump Sum Prepayment (≈ 3.3% discount)
(4) Additional Discretionary Payments (ADP)
(5) Section 115 Trust
(6) Restructure All or Portion of Remaining UAL Currently not recommended
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City’s Proactive Pension Cost Management Actions
 May 2024 Council directed staff to initiate creation
of Section 115 Trust
 June 2022 $5 Million CalPERS ADP (Miscellaneous
Plan)
 June 2021 $10 Million CalPERS ADP (Safety Plan)
 February 2017 Adopted Pension & OPEB Reserve Policy;
Funded $5 Million Reserve Fund
 June 2016 CalPERS 20-Year Fresh Start
(Miscellaneous Plan)
 June 2015 CalPERS 20-Year Fresh Start
(Safety Plan)
 July 2005 Negotiated Cost Sharing With Employees
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Benefits of a Section 115 Trust

1. Flexibility and Local Control
• The city retains full control over assets, contributions, disbursements, and investment risk levels, unlike statemanaged funds like CalPERS.

2. Enhanced Credit Rating and Financial Stability
• Establishing a Section 115 Trust improves credit ratings, lowers borrowing costs, and enhances financial flexibility.

3. Mitigation of Market Volatility
• A Section 115 Trust provides a financial buffer, stabilizing pension payments during economic downturns and
minimizing budget impacts.

4. Budget Stabilization and Planning
• Prefunding through the trust secures reserves for pension payments, reducing budget volatility and the risk of shortfalls.

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Evaluation of Trust Administrators
Potential Administrators Evaluated:
• CalPERS, Keenan, PARS, Shuster.
• Narrowed to PARS and CalPERS after initial assessment. • Other options were not selected due to limited specialized services, narrower investment scope, and lack of flexibility.

Provider Total Fee Administration
Fee Trustee Fee
Investment
Management
Fee
CalPERS $30,000 0.25% - -
Keenan $36,000 0.10% 0.20% -
PARS (Passive Investment Option) $32,400 0.20% 0.05% 0.02% PARS (Active Investment Option) $48,000 0.20% 0.20% -
Shuster $33,600 0.05% 0.02% 0.20%
Recommendation:
• PARS emerged as the best fit for managing Newark’s pension and OPEB obligations, providing a balanced approach of flexibility, expertise, investment options, trustee partnerships and long-term cost efficiency.

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PARS 115 Trust Team
Trust Administrator & Consultant*
40 Years of Experience
(1984-2024)
2,000+
Plans under
Administration
$8.7B
Assets under
Administration
Investment Manager
• Investment Sub-Advisor: Provides asset management
solutions for U.S. Bank.
• Diverse Portfolio Options: Offers fixed income, multiasset, active, and passive platforms. 40+
Years of
Investment
Experience
(As of 6/30/2024)
$244.8B *
Assets under
Management &
Advisement
Trustee
• Top Trustee for Section 115 Trusts: 5th largest
commercial bank.
• Asset Protection & Fiduciary Oversight: Safeguards and manages plan assets.
• Custodian Role: Securely maintains client assets.
161
Years of Experience
(1863-2024)
$11.0T
Assets under
Administration
500+
115 Trust
Clients
• Manages contributions, disbursements, and record-keeping with dedicated support teams. • Coordinates agency services and ensures regulatory compliance (IRS/GASB/State Government Code).

As of June 30, 2024
* Assets under management and advisement as of March 31, 2024, includes fixed income and multi asset class portfolios.

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Section 115 Trust Clients (500+) Including:

CITIES
Atherton
Dublin
Livermore
Palo Alto
Pleasanton
Redwood City
San Leandro
San Ramon
Union City

SPECIAL DISTRICTS
Alameda Co. Mosquito Abatement District
California Joint Powers Risk Mgmt. Authority
East Bay Regional Park District
Hayward Area Recreation & Park District
Menlo Park Fire Protection District
Midpeninsula Regional Open Space District
Superior County of CA, County of San Mateo
Union Sanitary District
West Bay Sanitary District
Zone 7 Water Agency COUNTIES
San Joaquin
Contra Costa
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Assets in the PARS
Section 115
Combination Trust can
be used to address
unfunded liabilities.

Financial Stability
Allows separate
investment strategies
for OPEB and Pension
subaccounts.

Flexible Investing
OPEB and Pension
assets aggregate and
reach lower fees on
tiered schedule sooner
– saving money!
Economies-of-Scale
PARS IRS-Approved Section 115 Trust
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PFMAM Target Index-Based Strategies
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Program Fees - Target Index Based Strategies
Ongoing Fees Paid to U.S. Bank:

The current total blended fee is

0.075%**
Plan Set-Up Fee: Ongoing Fees:

None 0.25% for first $10 million

0.20% for next $5 million

0.15% for next $35 million

0.10% for all over $50 million
Trust Administration/Consulting Fees *
Discretionary Trustee/Investment Management Fees
* PARS does not receive any compensation from the investments or any commissions, back-end loads, or any other forms of compensation. ** Blended fee is based on $917.5 M assets as of 6/30/2024 (market value of all existing Target Index Based Strategies). Subject to change due to rebalancing. Past performance does not guarantee future results. Additional information on PFMAM and a description of its fees are described in its ADV which is also available on the SEC’s website at www.adviserinfo.sec.gov. U.S Bank has retained its affiliate, PFM Asset Management LLC (“PFMAM”), an SEC Registered Investment Advisor, as its sub-advisor to provide investment management services. U.S. Bank compensates PFMAM for these services from its own fees, as detailed above.

U.S. Bank/PFMAM fees are prorated based on total market value of all assets in the Target Index-Based Portfolios in PARS Trust. Fee is calculated using the following schedule: 0.13% for first $100 million in assets, 0.10% for next $150 million, 0.08% for next $250 million and 0.05% for assets over $500 million As sub-advisor to U.S. Bank
Program Fees – Target Index-based Strategies
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Net Performance Fee Analysis
Over 1 Year Over 3 Years Over 5 Years
PARS 1 PARS 1 PARS 1
Growth Growth Growth
(25% Fixed Income/Cash) 14.11% (25% Fixed Income/Cash) 2.74% (25% Fixed Income/Cash) 8.32% minus weighted PARS
administration fee 2
(-) 0.228% minus weighted PARS
administration fee 2
(-) 0.228% minus weighted PARS
administration fee 2
(-) 0.228%
minus weighted
Discretionary
Trustee/Investment
Management fee 3
(-) 0.075%
minus weighted
Discretionary
Trustee/Investment
Management fee 3
(-) 0.075%
minus weighted
Discretionary
Trustee/Investment
Management fee 3
(-) 0.075%
1-Year Net Return 13.81% 3-Year Net Return 2.44% 5-Year Net Return 8.02%

CALPERS CERBT CALPERS CERBT CALPERS CERBT
Strategy 1 4
(28% Fixed Income/Cash) 11.02%
Strategy 1 4
(28% Fixed Income/Cash) 0.80%
Strategy 1 4
(28% Fixed Income/Cash) 6.23%
minus fees (-) 0.09% minus fees (-) 0.09% minus fees (-) 0.09% 1-Year Net Return 10.93% 3-Year Net Return 0.71% 5-Year Net Return 6.14% As of June 30, 2024
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Why PARS?

1. Market Leader in Section 115 Trust Services and a pioneer in prefunding Pension and OPEB - PARS’ core business.

2. First and only IRS-approved Section 115 Combination Trust with an IRS Private Letter Ruling (PLR).

3. PARS has a strong, highly reputable Corporate Trustee in US Bank to oversee plan assets and provide fiduciary oversight protections.

4. As U.S. Bank’s sub-advisor, PFMAM provides institutional asset management with ongoing monitoring, and a range of active, passive, and custom portfolio options to align with client goals.

5. PFMAM is Global Investment Performance Standards (GIPS) compliant, which sets ethical standards for presenting investment performance.

6. Superior net investment performance and cost efficiency, outperforming CalPERS. Long-term cost efficiency is achieved as assets increase.

7. Dedicated service team: Fiduciary responsibility, Investment Policy assistance, and annual reviews (or more frequent if desired).

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Steps to Implementation
1 City Council Approval: City Council adopts a resolution to join the PARS Section 115 Trust and appoints a Plan Administrator. 2 Document Preparation & Signing: PARS provides signatureready documents; the City signs and returns paperwork. 3 Investment Strategy Selection: A meeting with the City and the Investment Manager (PFMAM) to choose an investment strategy. 4 Account Setup: PARS and the Trustee (U.S. Bank) establish the account and provides Contribution Instructions.
5 Contribution: The City makes a contribution using the Transmittal Form.
6 Review: PARS and the Investment Manager conduct annual (or more frequent) reviews with City staff.

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Summary
Council Approval Needed:

Adopt two resolutions for establishing and funding the
Section 115 Trust:
• Resolution 1: Establish the trust through PARS
and appoint plan administrators.
• Resolution 2: Authorize the transfer of up to $12
million from the Pension and OPEB Reserve Fund
to fund the trust.

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Questions?
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWARK,

CALIFORNIA APPROVING THE ADOPTION OF THE PUBLIC

AGENCIES POST-EMPLOYMENT BENEFITS TRUST

ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES
(PARS)
WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of prefunding pension obligations and/or OPEB obligations; and WHEREAS, the City of Newark (“City”) is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program.

NOW THEREFORE, BE IT RESOLVED THAT:

The City Council hereby adopts the PARS Public Agencies Post-Employment Benefits Trust, effective October 24, 2024; and

1. The City Council hereby appoints the City Manager and/or the Finance Director, or their successors or their designees as the City’s Plan Administrators for the Program; and

2. The City Council hereby appoints the City Manager and/or the Finance Director, or their successors or their designees as the City’s Plan Administrators for the Program; and

3. The City’s Plan Administrators are hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing them to take whatever additional actions are required to administer the City’s Program.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE ADMINISTRATIVE SERVICES

AGREEMENT AND ALL NECESSARY DOCUMENTS

ASSOCIATED WITH THE ESTABLISHMENT OF THE
SECTION 115 PENSION TRUST; AUTHORIZING AN
AMENDMENT OF THE 2024-2026 BIENNIAL BUDGET AND

CAPITAL IMPROVEMENT PLAN TO REAPPROPRIATING

PREVIOUSLY APPROVED FUNDS FOR AN INITIAL
INVESTMENT OF UP TO $12 MILLION
WHEREAS, the City of Newark (the "City") currently provides pension and other postemployment benefits (OPEB) to its employees through the California Public Employees' Retirement System (CalPERS), with annual contributions determined by factors such as investment performance, actuarial assumptions, and funding policies; and WHEREAS, the City of Newark recognizes the importance of addressing rising pension and Other Post-Employment Benefits (OPEB) costs due to increasing lifespans, changing actuarial assumptions, and volatile investment returns; and
WHEREAS, to date, the City of Newark has implemented a variety of strategies to manage its pension obligations, including:

1. Actuarially Determined Contributions (ADC): Each year, the City contributes to CalPERS the minimum required amount, consisting of the Normal Cost and Unfunded Actuarial Liability (UAL) payment, ensuring that current and past pension obligations are funded.

2. Annual UAL Prepayment: The City leverages the CalPERS prepayment option to pay the UAL in a lump sum at a discounted rate, generating cost savings and reducing overall pension costs.

3. Additional Discretionary Payments (ADPs): In recent years, the City has made substantial ADPs to CalPERS, including a $10 million payment to the Safety Plan in 2021 and a $5 million payment to the Miscellaneous Plan in 2022, significantly reducing the UAL.

4. Cost Sharing with Employees: Nearly twenty years ago, the City successfully negotiated pension cost-sharing agreements with employees. New employees are enrolled under the Public Employees' Pension Reform Act (PEPRA), which offers lower-cost, lower-benefit plans, helping to control future liabilities.

5. Fresh Start Amortization: The City adopted CalPERS’s Fresh Start Amortization for both the Safety and Miscellaneous Plans, which has streamlined repayment schedules, shortened amortization periods, and decreased long-term interest payments; and WHEREAS, in February 2017, the City adopted a Pension and OPEB Reserve Policy, including an initial deposit of $5 million, to proactively manage pension and OPEB liabilities with Packet Page No. 564
the goal of reducing the City’s Unfunded Accrued Liability (UAL) and achieving a 100% funded status; and
WHEREAS, on May 9, 2024, the City Council received a presentation from City staff and NHA Financial Advisors outlining pension and OPEB liabilities, strategies to manage these costs, and the potential benefits of establishing a Section 115 Pension Trust to enhance long-term fiscal sustainability; and
WHEREAS, the establishment of a Section 115 Pension Trust is a strategic step to enhance the City’s long-term fiscal sustainability and effectively manage pension obligations. This approach is recognized as an industry best practice by the Government Finance Officers Association (GFOA); and
WHEREAS, the Section 115 Pension Trust offers several key benefits, including:

1. Irrevocability and Specific Use: Funds in the trust are irrevocable and can only be used for pension or OPEB costs, ensuring they are dedicated solely to these obligations.

2. Higher Yielding Investments: The trust allows the City to invest in higher-yielding instruments compared to its current investments, such as the Local Agency Investment Fund (LAIF), offering greater potential for long-term returns and enhanced financial flexibility.

3. Local Control: The City retains control over the trust’s funds, with the ability to access them at any time, provided they are used for pension-related costs.

4. Investment Flexibility: The trust allows for more diversified investments, potentially leading to higher returns and helping reduce long-term liabilities.

5. Pension Rate Stabilization: The trust acts as a financial reserve, allowing the City to smooth out fluctuations in pension rates and providing greater budgetary predictability.

6. Professional Investment Management: The City benefits from the expertise of professional fund managers while maintaining oversight to ensure alignment with risk tolerance and investment goals.

7. Long-Term Financial Stability: The trust helps address unfunded pension and OPEB liabilities, strengthening the City's financial position.

8. Improved Bond Rating Potential: By reducing pension liabilities, the trust can improve the City’s bond rating, potentially lowering borrowing costs for future projects; and
WHEREAS, the City Council directed staff to return with the necessary actions to establish a Section 115 Trust as part of the City's long-term strategy for managing pension and OPEB liabilities; and
WHEREAS, PARS was selected as the preferred administrator for the City’s Section 115 Trust due to its expertise, strong partnerships, flexible service offerings, and focus on public sector Packet Page No. 565
agencies, making it the best fit for Newark’s pension and OPEB management. Key benefits of selecting PARS include:

1. Experience: Since 1984, PARS has pioneered pension prefunding solutions and developed the OPEB Prefunding Trust and Pension Rate Stabilization Program. It also secured the first IRS Private Letter Ruling (PLR), ensuring tax-exempt status for investment income and gains.

2. Widespread Adoption: PARS serves over 500 public agencies in California, including neighboring cities such as Dublin, Livermore, and Palo Alto, providing trusted pension management solutions.

3. Investment Flexibility: PARS offers a broad range of investment options, from conservative to growth-oriented allocations, with a recommended low-cost, highperformance strategy.

4. Reimbursement Flexibility: PARS allows for reimbursements of pension-related expenses incurred within the last two years, providing financial flexibility during emergencies or budget constraints.

5. Comprehensive Trustee Services: U.S. Bank serves as the trustee, ensuring asset safety, with mutual indemnification offered by PARS.

6. Superior Returns and Competitive Fees: PARS is expected to deliver higher returns than CalPERS, with a more competitive fee structure that decreases as assets grow.

7. Diversification: The Section 115 Trust allows the City to diversify its investments, reducing reliance on CalPERS and spreading risk across multiple options; and WHEREAS, per Resolution 10597, the City of Newark’s Pension and Other PostEmployment Benefits (OPEB) Reserve Policy allows surplus funds from personnel expenditures to be transferred to the Pension and OPEB Reserve Fund at the end of each fiscal year, at the discretion of the City Manager, to ensure sufficient funding for existing obligations, and these reserves may be used to pay the unfunded liabilities of the pension or OPEB plans in any manner necessary.

WHEREAS, there is no cost to establish the Section 115 Trust, with administrative fees to be assessed only after an initial contribution is made, based on a percentage of invested funds; and WHEREAS, the City’s Pension and OPEB Reserve Fund current fund balance is sufficient to fund an initial contribution of up to $12 million into the Section 115 Trust.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark, California, as follows:

1. Approval of Trust Establishment: The City Council hereby approves the establishment of a Section 115 Trust through the PARS Post-Employment Benefits Trust Program for the purpose of pre-funding pension and OPEB liabilities.

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2. Authorization to Execute Agreements: The City Manager, or his designee, is authorized to execute all agreements necessary to establish the Section 115 Trust with PARS.

3. Plan Administrator Appointment: The City Council authorizes the City Manager and/or Finance Director, or their designee, to act as Plan Administrators for the Trust Program, with authority to execute all necessary documents and take all necessary actions to establish and maintain the Section 115 Trust.

4. Initial Investment: The City Council authorizes the reappropriation of up to $12 million transferred from the Pension and OPEB Reserve Fund to the General Fund to establish the Section 115 Trust.

5. Future Contributions: Staff shall return to the City Council with future recommendations on additional appropriations or contributions to the Section 115 Trust based on the City’s financial conditions and needs.

6. Implementation: The City Manager and the Director of Finance are hereby directed to take all necessary actions to implement this resolution and establish the Section 115 Trust.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan as follows:

TRANSFER OUT FR:
103.00.000.000.9999 Establishment of Section 115 Trust (TO Fund 110) Up to $12,000,000 TRANSFER IN TO:
110.00.000.000.5510 Establishment of Section 115 Trust (FROM Fund 103) Up to $12,000,000 Packet Page No. 567

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Newark City CouncilOctober 24, 2024

Newark City Council
October 24, 2024