Newark City Council
July 24, 2025

AGENDA
Thursday, July 24, 2025
7:00 P.M.

Michael K. Hannon, Mayor
Eve Marie Little, Vice Mayor
Matthew Jorgens, Council Member
Terrence Grindall, Council Member
Julie Del Catancio, Council Member
A. ROLL CALL
B. PRESENTATIONS

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

2. Introduction of employee(s)
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

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

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

1. Approval of Audited Demands

2. Approval of July 10, 2025, minutes

3. Adopt a resolution approving a Memorandum of Understanding with the Newark Police Management Association

4. Adopt a resolution approving a Side Letter of Agreement with the Newark Police Association

4. Adopt a resolution approving a Side Letter of Agreement with the Newark Police Association (NPA) to align the reinstatement provision in the July 1, 2025 – June 30, 2028 Memorandum of Understanding (MOU) with the City’s Personnel Rules and Regulations

5. Approve the specifications and adopt a resolution awarding a contract to Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 and 2025 Citywide Accessible Ramps Project No. CIPA10001

6. Adopt resolution approving the project plans and specifications for Project CIPA10005.FY2025 and awarding a contract to VSS International, Inc. for the 2025 Slurry Seal Project, and approving an amendment to the budget; Exempt from CEQA review per CEQA Guidelines Section 15301

7. Adopt a resolution authorizing the City Manager to execute an agreement with Hello Housing to develop and administer the first-time homebuyer assistance and below-market rate homeownership programs
E. PUBLIC HEARINGS

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

2. Hearing to consider a Call for Review of the Planning Commission’s adoption of Resolution No. 2022 approving the Prologis project at 6756 – 6792 Central Avenue (APN:
92A-2165-14, -15, -16, and -17) consisting of the following entitlements: Design Review (DR2022-010), a Minor Use Permit (MUP2024-001), and a Conditional Use Permit (U2024-001) to allow for a new industrial building and associated on-site improvements and consider a resolution affirming the Planning Commission's action and a resolution overturning the Planning Commission's action
F. OTHER BUSINESS

1. Adopt a resolution to award a Broadband Public-Private Partnership contract to Smart Fiber Networks

2. Presentation on the status of the Sea Level Rise Vulnerability Assessment and Adaptation Strategy

3. Presentation of information from Alameda County’s 2024 Point-in-Time Count and the City's activities related to homelessness
G. CITY MANAGER UPDATES
H. CITY COUNCIL MATTERS
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.

1. Discussion and direction regarding June 26, 2025 meeting minutes and approval of same I. CLOSED SESSION
J. ADJOURNMENT

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

How to view the meeting remotely:

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

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.com pursuant to Assembly Bill 2449, then the Webinar ID 832 6888 9706  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.newarkca.gov/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.

Mission Statement
It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark.

Executive Team Members

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

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
The Portuguese Fraternal Society of America Council No. 16 will celebrate the annual Holy Ghost Festival and their anniversary in the City of Newark on July 26 and 27, 2025. This will be the 102nd celebration of Holy Ghost Festival in Newark.

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

Attachments
Proclamation
PROCLAMATION NO. 1948
PORTUGUESE FRATERNAL SOCIETY OF AMERICA COUNCIL NO. 16
102nd ANNIVERSARY
WHEREAS, the Annual Newark Pavilion/Portuguese Fraternal Society of America (P.F.S.A.) Council No. 16 Holy Ghost Festival will be celebrated in Newark on July 26-27, 2025; and
WHEREAS, this event will also be the celebration of the Society’s 102nd Anniversary in the City of Newark; and
WHEREAS, the early members of P.F.S.A. were involved in and contributed greatly to the development of the City of Newark; and
WHEREAS, these early members of P.F.S.A. established the Holy Ghost Festival, thus preserving their Portuguese homeland traditions and sharing those traditions with all Newark residents; and
WHEREAS, the City of Newark wishes to join the Portuguese community of Newark in the celebration of their 102nd Anniversary of the Annual Newark Pavilion/P.F.S.A. Council No. 16 Holy Ghost Festival;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim July 26-27, 2025, as days of celebration of the
PORTUGUESE FRATERNAL SOCIETY OF AMERICA COUNCIL NO. 16
102nd ANNIVERSARY
and ask all citizens of the City of Newark to join in celebration of this event and in celebration of the rich cultural history that our Portuguese community shares with all residents of Newark.

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

Michael K. Hannon
Mayor
Item  B. 2.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Introduction of employee(s)
Dan Cianciarulo has been promoted to Maintenance Supervisor in the Public Works Department.  Mr. Cianciarulo will be introduced at the City Council meeting.

Item  D. 1.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Approval of Audited Demands
Attachments
Audited Demands 06.26.25
Audited Demands 07.03.25

Item  D. 2.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Approval of July 10, 2025, minutes
Attachments
Minutes
City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Eve Marie Little | Council Members: Matthew Jorgens, Terrence Grindall, Julie Del Catancio

Minutes
Thursday, July 10, 2025
7:00 P.M.

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

B. PRESENTATIONS
C. PUBLIC COMMENT
Diann Castleberry, AC Transit External Affairs Representative/Deputy Project Manager stated that the Realign bus service changes begin on August 10, 2025.

They are working with City staff to finalize a bus line extension into the Bayside neighborhood. Service change information may be found at actransit.org.

D. CONSENT CALENDAR
Council Member Grindall requested the removal of item D.2 minutes.

Council Member Catancio moved, Council Member Grindall seconded, to approve Consent Calendar items D.1, D.3 and D.4 and that reading of the titles suffice for adoption. The motion passed, 3 AYES, 2 ABSENT.

1. Approval of Audited Demands

2. Removed for separate consideration - Approval of June 26, 2025, minutes Page No. 2
City of Newark City Council Minutes July 10, 2025

3. Adopt a resolution authorizing the City Manager to execute Task Order No. 32 to the Joint Powers Agreement with the City of Fremont for Fiscal Year 2025-26 Senior Case Management Services
Resolution No. 11761

4. Adopt a resolution authorizing the City Manager to execute Task Order No.33 to the Joint Powers Agreement with the City of Fremont for Paratransit services with Ride On Tri-City!
Resolution No. 11762

NONCONSENT

2. Approval of June 26, 2025, minutes
Council Member Grindall requested more details in the minutes under the City Council Matters section when he requested that the Sanctuary Development school site be placed on a future council agenda.

City Manager Benoun stated the draft minutes will be reviewed and placed on the next City Council agenda. No action taken.

E. PUBLIC HEARINGS
F. OTHER BUSINESS
G. CITY MANAGER UPDATES
City Manager Benoun announced: Groovin’s at the Grove Summer Concert on July 11, 2025 and the Mariachi Festival on July 27, 2025, both at the Shirley Sisk Grove.

He stated that the City is working with Republic Services to restore service from a work stoppage that began on Tuesday. Free drop-off disposal services are available at the Fremont Recycling and Transfer Station for Newark residents and businesses. He stated that Republic Services was acquiring services and working on limited pick-ups on Friday and Saturday.

In response to Council Member Grindall’s question, City Manager Benoun stated Page No. 3
City of Newark City Council Minutes July 10, 2025
that no injuries to people nor property occurred on the Fourth of July. He thanked City staff for their work.

H. CITY COUNCIL MATTERS
Council Member Catancio stated that she attended the Pancake Breakfast at the Fire Station and thanked staff for working the Fourth of July. She thanked the public for purchasing fireworks to support nonprofits. She announced that AVA Community Energy announced an electronic bike rebate program. She encouraged residents to enroll in Newark Summer camps. Shop Newark.

Council Member Jorgens thanked city staff for working the Fourth of July holiday.

I. CLOSED SESSION
J. ADJOURNMENT
Council Member Jorgens adjourned the meeting at 7:14 p.m.

Item  D. 3.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT    Adopt a resolution approving a Memorandum of Understanding with the Newark Police Management Association
SUMMARY AND RECOMMENDATION
The current memorandum of understanding (MOU) with the Newark Police Management Association (NPMA) expired on June 30, 2025. City representatives met and conferred in good faith with the representatives of NPMA and have reached tentative agreement for a successor MOU as further outlined below.

Staff recommends that the City Council adopt a resolution approving the MOU with NPMA and amending the City's salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5 to include salary adjustments provided in the MOU.

BACKGROUND
The City is a party to an existing MOU with the Newark Police Management Association (NPMA). The NPMA MOU covered the period of July 1, 2022 through June 30, 2025. Without a successor MOU in place prior to the expiration, the terms in the expired MOU continued July 1, 2025 and remain in effect. Staff has been negotiating in good faith for a successor MOU with NPMA. The City has reached tentative agreement on matters related to wages, hours, and other terms and conditions of employment with NPMA, consistent with authority provided by City Council.

DISCUSSION/ANALYSIS
Below is a summary of relevant provisions of the proposed MOU and the amendment to the City's salary schedule.

The City and NPMA have been negotiating a successor to the now expired MOU over multiple months. The proposed MOU is for the period of July 1, 2025 through June 30, 2028. The members of NPMA ratified the proposed MOU on July 1, 2025.

The proposed MOU includes the following new significant provisions:

General Salary Increase and Other Compensation:

A four percent (4.0%) general salary increase effective July 11, 2025, and three and one-half percent (3.5%) salary increases on July 1, 2026 and July 1, 2027 for a cumulative eleven percent (11.0%) general salary increase over the term of the MOU.

In addition to the general salary increase provided to NPMA employees, a one-time supplemental base wage adjustment will be provided to first responders (Police Lieutenant and Police Captain). They will receive an additional three percent (3.0%) increase on July 11, 2025, and one and one-half percent (1.5%) salary increases on July 1, 2026 and July 1, 2027 for a cumulative seventeen percent (17.0%) general salary increase over the term of the MOU, including the above general salary increase.

New ranges will be assigned to Police Lieutenant and Police Captain at seven percent (7%) above the current rate effective July 11, 2025; six percent (6%) above the July 11, 2025 rate effective July 1, 2026; and five percent (5%) above the July 1, 2026 rate effective July 1, 2027.

Range adjustments for the classifications of Community Engagement Manager (proposing a move from Range 12 to Range 14) and Police Support Services Manager (proposing a move from Range 15 to Range 17).

Changes to the qualifications for the current seven percent (7%) tier and the addition of a third tier of ten percent (10%) will be added to Education Incentive Pay for Police Lieutenants and Police Captains.

Cafeteria Plan for Medical, Dental, and Vision Insurance:

Increases of ten percent (10%) on January 1, 2026, and five percent (5%) on January1, 2027 and January 1, 2028 to the City’s contributions to each eligible NPMA employee’s cafeteria plan for use towards medical, dental and vision insurance, as well as pro-ration of the plan benefits for regular, permanent staff working less than 30 hours per week, an amount equal to the following:

Effective for the 2025 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466 - $582
Employee + 1 Dependent: $931 - $1,164
Employee + 2 or more Dependents: $1,230 - $1,537
Effective for the 2026 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $513 - $641
Employee + 1 Dependent: $1,025 - $1,281
Employee + 2 or more Dependents: $1,353 - $1,691
Employee + 2 or more Dependents: $1,353 - $1,691
Effective for the 2027 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $539 - $673
Employee + 1 Dependent: $1,076- $1,344
Employee + 2 or more Dependents: $1,421 - $1,776
Effective for the 2028 plan year:

For Regular, Full-Time and Regular Part-Time 30-35 hour employees:

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866
Other Miscellaneous Provisions:

The 1.5% employee cost share of the employer’s cost of the CalPERS pension benefit for Sworn PEPRA members will be eliminated after CalPERS approves a contract amendment.

The City will observe June 19, Juneteenth, as a paid holiday.

The bereavement leave policy was updated to include reproductive loss leave.

For Police Lieutenant and Police Captain, General Leave conversion to cash is increased from eighty (80) hours to one hundred sixty (160) hours annually; accrual beyond the General Leave maximum is no longer allowed; and excess General Leave credits transferred to the Rollover Leave bank will be cashed out.

Salary Schedule:

The City's consolidated salary schedule must be amended to include the salary increases described above for NPMA effective July 11, 2025 (attached).

FISCAL IMPACT
The fiscal impact of the various actions over the term of the MOU are estimated at $2,376,000.

The City adopted a 2024-2026 Biennial Budget on June 27, 2024. The recently negotiated MOU applies to the second fiscal year of the biennium (Fiscal Year 2025-26). As such, a formal budget amendment is not immediately required. The fiscal impact of the new MOU will be incorporated as part of the regular budget monitoring process and can be addressed during the mid-year budget update in March 2026.

REVIEW AND APPROVAL
Prepared by - Lenka Hovorka, Assistant City Manager
Reviewed by - Brittney Frye, Human Resources Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - NPMA Memorandum of Understanding
NPMA MOU Exhibit A
NPMA MOU Exhibit B Redlines
Consolidated Salary Schedule
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A MEMORANDUM

OF UNDERSTANDING BETWEEN THE CITY OF NEWARK

AND THE NEWARK POLICE MANAGEMENT

ASSOCIATION, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE MEMORANDUM OF UNDERSTANDING
AND APPROVING AN AMENDMENT TO THE CITY’S

SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the current Memorandum of Understanding between the City of Newark (the “City”) and the Newark Police Management Association (“NPMA”) expired on June 30, 2025; and
WHEREAS, the City and NPMA entered into negotiations for a successor memorandum of understanding; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) and the Newark Municipal Code, the City Manager or his designee, as authorized by the City Council, has met and conferred in good faith with the representatives of NPMA on matters related to wages, hours, and other terms and conditions of employment; and
WHEREAS, the representatives of the City and NPMA have reached a tentative agreement to a successor MOU dated July 1, 2025 (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A with a redlined version of the prior MOU attached hereto as Exhibit B for general reference only; and WHEREAS, the membership of NPMA ratified the agreement as of July 1, 2025; and WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council hereby approves and adopts the MOU for NPMA, effective July 1, 2025 and authorizes the City Manager to execute the MOU and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that if any provisions contained herein are found to be in conflict with any provisions of any other previous resolutions pertaining to the NPMA MOU, the provisions herein shall prevail.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the revisions in compensation provided pursuant to the NPMA MOU, effective July 11, 2025.

EXHIBIT A

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK POLICE MANAGEMENT ASSOCIATION
JULY 1, 2025

THROUGH
JUNE 30, 2028
Adopted:

July 24, 2025
Resolution No.

Section

TABLE OF CONTENTS
Page
I. Term 1
II. Recognition 1
III. Definitions 1
IV. Compensation 1
V. Working Hours 3
VI. Labor Market 4
VII. Acting/Special Assignment Pay 5
VIII. Retirement 5
IX. Health and Welfare Programs 8
X. Life Insurance 11
XI. Uniform Maintenance and Provision of Uniforms 11
XII. Educational Reimbursement 11
XIII. Recreation Benefits 14
XIV. Proration of Holiday, General, and Bereavement Leave Accruals for Regular Part-Time Employees (RPT) 14
XV. Management Leave 14
XVI. General Leave 15
XVII. Sick Leave 15
XVIII. Bereavement & Reproductive Loss Leave 15
XIX. Holidays 16
XX. Grievance Procedure 17
Resolution No.

XXI. Implementation of Section 414(h)(2) of the United States Internal Revenue Code 20
XXII. Management Rights 21
Attachments
A Newark Police Management Association Pay Plan
B Salary Schedule
C General Leave Plan
Resolution No.
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE MANAGEMENT ASSOCIATION I. TERM
This agreement shall be in effect from July 1, 2025 through June 30, 2028.

II. RECOGNITION
The City of Newark (“City”) recognizes the Newark Police Management Association (“NPMA”), hereinafter referred to as the “Association,” as the majority representative for regular full-time employees in the sworn classifications and full-time and regular parttime non-sworn classifications listed below, pursuant to Employer-Employee Relations Resolution No. 1833:

Police Captain
Police Lieutenant
Community Engagement Manager
Police Support Services Manager
III. DEFINITIONS
For purposes of this Memorandum of Understanding (“MOU” or “Agreement”), unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Employees” shall mean those regular full-time and regular part-time employees of the City of Newark occupying classifications represented by the Newark Police Management Association.

B. “Employer” shall mean the City of Newark.

C. “Non-sworn” refers to those personnel occupying the classifications of Police Support Services Manager and Community Engagement Manager.

D. “Sworn” refers to personnel occupying classifications of Police Captain and Police Lieutenant.

IV. COMPENSATION
Employees shall be compensated pursuant to the Newark Police Management Association Pay Plan as set forth in Attachment A and Attachment B attached hereto and incorporated herein by this reference.
2 A. GENERAL SALARY INCREASE
Effective July 11, 2025, all employees shall receive a four percent (4%) salary increase.

Effective July 1, 2026, all employees shall receive a three percent and one-half percent (3.5%) salary increase.

Effective July 1, 2027, all employees shall receive a three percent and one-half percent (3.5%) salary increase.

B. SALARY RANGE INCREASE
Effective July 11, 2025, the range for Community Engagement Manager will be increased to Range 14.

Effective July 11, 2025, the range for Police Support Services Manager will be increased to Range 17.

Effective July 11, 2025, the ranges for Police Lieutenant and Police Captain will be increased by 7%.

Effective July 1, 2026, the ranges for Police Lieutenant and Police Captain will be increased by 6%.

Effective July 1, 2027, the ranges for Police Lieutenant and Police Captain will be increased by 5%.

C. ONE-TIME SUPPLEMENTAL FIRST RESPONDER BASE WAGE ADJUSTMENTS On a one-time basis and during the term of this Agreement sworn employees shall receive the following supplemental increases in addition to the increase identified in the General Salary Increase in Section A above:

Effective July 11, 2025, the supplemental salary increase shall be three percent (3.0%).

Effective July 1, 2026, salary increase shall be one and one-half percent (1.5%).

Effective July 1, 2027, salary increase shall be one and one-half percent (1.5%).

D. Should the classifications of Police Sergeant or Public Safety Dispatch Supervisor receive an increase included in total compensation that exceeds the increases provided in this section during the period of July 1, 2025 – June 30, 2028, the City and NPMA agree to meet and confer on potential impacts of those increases.
3 E. LONGEVITY PAY
Regular full-time employees in the classifications of Police Lieutenant and Police Captain are eligible for longevity pay as follows:

Upon commencement of ten (10) years of service – two and one-half percent (2.5%) salary increase.

Upon commencement of fifteen (15) years of service – five percent (5.0%) salary increase.

Upon commencement of twenty (20) years of service – seven and one-half percent (7.5%) salary increase.

Longevity pay is computed on base compensation only. The maximum longevity pay premium is seven and one-half percent (7.5%) of salary for eligible employees.

For service to meet the requirements of longevity pay, it must meet all of the following criteria:
 Full-time sworn service in the classifications of Police Officer, Police Corporal, Police Sergeant, Police Lieutenant, Police Commander, Police Captain, and/or similar sworn position; in a public sector agency, including probationary time; and  Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation or other protected leaves per state or federal law.

V. WORKING HOURS
A. Full-time employees work forty (40) hours per week and as necessary.

The City Manager may revise the standard work schedule upon reasonable notice.

B. Sworn employees work a Four/Ten (4/10) schedule that equates to forty (40) hours per week in a two (2) week period. Typically, an employee assigned to this work schedule will work ten (10) hours per day for four (4) days in one (1) week.

C. City offices will be closed for business during the December holiday season. Nonessential employees, as determined by the City Manager, will participate in a fourday furlough. Employees may use general leave, management leave, holiday or floating holidays during the furlough.

D. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an 4 approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

E. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) day salary advance. This salary advance must be requested by June 1 preceding the furlough. Repayment of a salary advance for the furlough may be spread over a period of time provided that:

1. There is two (2) weeks advance notice to payroll,

2. The salary advance is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furlough,

3. Payments begin no earlier than July 1 of the impacted calendar year, and

4. The repayment plan is approved by the Finance Director, or designee prior to the furlough.

F. The Police Support Services Manager and Community Engagement Manager will normally be assigned to a Four/Ten (4/10) schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives. Alternatives to the work schedules outlined above will be subject to the approval of the City Manager.

VI. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of salary and benefit survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City. "Total compensation" for survey purposes shall include:
• Top step/range base salary.
• That portion of the employer's PERS contribution that is paid by the employee (employee contributions to the employer’s PERS costs shall be reflected as a negative number).
• The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.
• Any premiums paid by the employer for life insurance. • Any premiums paid by the employer for long term and/or short term disability.

For discussion purposes, the parties will prepare an alternative “Total compensation” survey that includes the items above and adds the following:
5 • The maximum amount paid by the employer for educational achievements or POST certificates.
• The maximum amount paid by the employer for length of service. • The maximum number of holiday hours or holiday pay provided by the employer. • The maximum amount paid by the employer toward a deferred compensation program.

VII. ACTING/SPECIAL ASSIGNMENT PAY
A. Employees are eligible for premium pay of five percent (5%) over base salary while acting in a higher classification when assigned and prescribed by the City Manager.

B. The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75) per month and regular part-time employees scheduled to work twenty to twenty-five (20-25) hours per week will receive bilingual assignment pay of fifty dollars ($50) per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522 which establishes a policy and procedures for receiving bilingual assignment pay:

1. Employees will be required to pass an initial fluency test administered by the City or an independent testing service. Employees will be required to undergo periodic testing of skill level to remain eligible for bilingual pay.

2. Eligible languages will be determined by the City.

3. Employees must be in a classification that brings them into regular contact with the general public.

4. The City retains the right to make the final determination regarding eligibility for bilingual assignment pay.

VIII. RETIREMENT
A. All employees who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

B. The City shall continue to provide to all sworn Classic employees a retirement formula known as three percent at fifty (3% at 50) together with single year highest compensation, military service credit for prior service, and the indexed level 1959 survivor benefit options of the CalPERS pension plan. Sworn Classic Members continue to pay the nine percent (9%) employee rate for the three percent at fifty (3% at 50) retirement formula plus continue to pay up to four percent (4%) of an additional contribution in accordance with the following formula for a current total 6 pre-tax contribution of thirteen percent (13%).

Sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Safety Plan employer actuarial rate for the three percent at fifty (3% at 50) retirement formula exceeds seventeen percent (17%) to a maximum of twenty-five percent (25%). In the event that the employer rate exceeds twenty-five percent (25%), the City shall be responsible for any increase above twenty-five percent (25%). In subsequent years, if the rate over seventeen percent (17%) decreases, the sworn Classic members matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below seventeen percent (17%) will not be shared with sworn Classic members under the above formula.

The following example is for illustrative purposes only:

If the CalPERS Safety Plan employer actuarial rate for the three percent at fifty (3% at 50) retirement formula increased from seventeen percent (17%) to twenty percent (20%) effective July 1, 2026,the sworn Classic members’ rate would increase from nine percent (9%) to ten and one-half percent (10.5%).

The City would then be responsible for the matching one and one-half percent (1.5%). If the rate decreased from twenty percent (20%) to eighteen percent (18%), the sworn Classic members’ rate would decrease by one percent (1%). The members’ rate increase or decrease would be done through a contract amendment with CalPERS and the City.

C. The City shall continue to provide to all non-sworn Classic management employees a retirement formula known as two and one-half percent at fifty-five (2.5% at 55) together with single year highest compensation, pre-retirement optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 Survivor Benefit options of the CalPERS pension plan.

Non-Sworn Classic Members continue to pay the eight percent (8%) employee rate for the two and one-half percent at fifty-five (2.5% 55) retirement formula plus continue to pay up to three and four hundred sixty eight thousandths percent (3.468%) of an additional contribution in accordance with the following formula for a total tax deferred contribution of eleven and four hundred sixty eight thousandths percent (11.468%).
7 Non-sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Miscellaneous Plan employer actuarial rate for the two and one-half percent at fifty-five (2.5% at 55) retirement formula exceeds ten percent (10%) to a maximum of sixteen and nine hundred thirty sixty thousandths percent (16.936%). In the event that the employer rate exceeds sixteen and nine hundred thirty sixty thousandths percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty sixty thousandths percent (16.936%). In subsequent years of the term of the agreement, if the rate over ten percent (10%) decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below ten percent (10%) will not be shared under the above formula.

The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to ten percent (10%), each Classic non-sworn member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases by three percent (3%), each non-sworn Classic member would contribute half of the three percent (3%) increase, one and one-half percent (1.5%), from their salary to pay for the retirement benefit. The City would then be responsible for the matching one and one-half percent (1.5%). If the rate decreased by three percent (3%), the non-sworn Classic member would no longer contribute the additional one and one-half percent (1.5%) of their salary towards the employer rate to pay for the retirement benefit.

D. The City shall provide to sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) a retirement formula known as two and seven tenths percent at fifty-seven (2.7% at 57) in accordance with the Public Employees’ Pension Reform Act of 2013.

Sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the two and seven tenths percent at fifty-seven (2.7% at 57) plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate, sworn PEPRA Members currently pay an additional contribution of one and one-half percent (1.5%) of the employee rate. If CalPERS approves a contract amendment for the City of Newark that eliminates the one and one-half percent (1.5%) contribution the City agrees to amend its contract for sworn PEPRA Members accordingly.
8 E. The City shall provide to all non-sworn employees who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as two percent at sixty-two (2% at 62) in accordance with the Public Employees’ Pension Reform Act of 2013.

Non-sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the two percent at sixty-two (2% at 62) plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate, non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members pay.

F. The City shall provide the one (1) year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three (3) year average compensation requirement to PEPRA members as defined above.

IX. HEALTH AND WELFARE PROGRAMS
A. The contribution by the City toward monthly premiums for health and welfare programs of employees shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section C. The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

B. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet and confer with the Association regarding the impact of such changes.

Effective for the 2025 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
9 For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee+ 2 or more Dependents: $1,230-$1,537
Effective for the 2026 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $513-$641
Employee + 1 Dependent: $1,025-$1,281
Employee+ 2 or more Dependents: $1,353-$1,691
Effective for the 2027 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $539-$673
Employee + 1 Dependent: $1,076-$1,344
Employee+ 2 or more Dependents: $1,421-$1,776
Effective for the 2028 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $566-$707
Employee + 1 Dependent: $1,130-$1,412
Employee+ 2 or more Dependents: $1,493-$1,866
10 C. Cash Back / Cash In Lieu of Benefits:

1. Cash-In-Lieu: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred fifty dollars ($450) “cash-in-lieu” of benefits, which includes the PEMCHA minimum per Section A above.

2. Cafeteria Plan Cash-Back: Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred fifty dollars ($450) per month of any money not used for the purchase of employer offered benefits. Any “cash-in-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working thirty to thirty-five (30-35) hours the cash-in-lieu and cash back amount will be three hundred thirty-eight dollars ($338) to three hundred ninety-four dollars ($394).

For Regular Part-Time Employees working twenty to twenty-five (20-25) hours the cash-in-lieu and cash back amount will be two hundred twenty-five dollars ($225) to two hundred eighty-one dollars ($281).

D. City and Association agree that in the event of any additional federal or state mandates requiring employer contributions for health care coverage, the City and Association shall reopen the memorandum of understanding to meet and confer on the issue of health care premiums and its impact on total compensation.

E. All regular full-time employees in the Association shall receive an allowance of one hundred dollars ($100) per month intended to be used towards the cost of health care premiums, long-term disability premiums, and/or reimbursement for medical, dental, vision, and prescription expenses. All regular part-time employees in the Association shall receive an allowance of up to seventy-five dollars ($75) for thirty to thirty-five (30-35) hour employees and up to fifty dollars ($50) for twenty to twenty-five (20-25) hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:

An employee must be in a paid status (on the payroll) in order to receive the allowance. During any unprotected leave of absence without pay, an employee is not eligible to receive the health care benefit allowance.

Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to or immediately following appointment.

When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata basis. To qualify for pro- 11 rate pay, the employee must serve fifty percent (50%) of the working days in the month.

X. LIFE INSURANCE
The City will provide City-paid life insurance coverage of fifty thousand dollars ($50,000) to each employee. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

XI. UNIFORM MAINTENANCE AND PROVISION OF UNIFORMS
Sworn employees designated as public safety shall receive a uniform maintenance allowance of one hundred dollars ($100) per month.

The Police Support Services Manager and Community Engagement Manager shall receive a uniform maintenance allowance of forty-five dollars ($45) per month for the purchase and maintenance of City approved uniforms.

XII. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager may authorize reimbursement up to one hundred percent (100%) of the cost for professional courses and programs that are directly related to the employee’s job or which will prepare the employee for advancement or acceptance of greater responsibility. A certificate of completion or a passing course grade must be attained for reimbursement.

B. Plan and Agreement for a College Degree Program

1. In addition to job-related training, the City Manager may authorize reimbursement for up to ten thousand dollars ($10,000) of the cost for tuition fees and required text books for a college degree program directly related to the employee’s job which will prepare the employee for advancement or acceptance of greater responsibility provided that the employee attains a course grade of “C” or a passing grade as defined by the degree program if that requirement is higher than a “C” grade.

2. If an employee receives more than five thousand dollars ($5,000) dollars during their term of employment with the City of Newark in a college degree program, the employee is required to sign an Educational Reimbursement Plan Agreement in order to qualify for and to participate in the Educational Reimbursement College Degree Program. The employee is then subject to the Educational Reimbursement Plan and Agreement for a College Degree Program as follows:
12 a. Employee will maintain employment with the City of Newark for a period of five (5) years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five (5) year employment period, employee warrants that they will reimburse to the City all money paid [up to ten thousand dollars ($10,000)] under the Educational Reimbursement Plan as follows:
i. One hundred percent (100%) of money paid if the employee voluntarily leaves city employment in the first year after completion of the last class taken under the Educational Reimbursement Plan.
ii. Eighty percent (80%) of money paid if the employee
voluntarily leaves city employment in the second year after completion of the last class taken under the Educational Reimbursement Plan.
iii. Sixty percent (60%) of money paid if the employee voluntarily leaves city employment in the third year after completion of the last class taken under the Educational Reimbursement Plan. iv. Forty percent (40%) of money paid if the employee voluntarily leaves city employment in the fourth year after completion of the last class taken under the Educational Reimbursement Plan.
v. Twenty percent (20%) of money paid if the employee
voluntarily leaves city employment in the fifth year after completion of the last class taken under the Educational Reimbursement Plan.
vi. After five (5) years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

3. To qualify for the Educational Reimbursement College Degree Program, degree program courses must be received from an accredited institution as identified on the U.S. Department of Education’s List of Nationally Recognized Accrediting Agencies or the Council for Higher Education Accreditation’s (CHEA) List of Participating and Recognized Organizations.
13 C. Education Incentive Pay
An employee promoted from Police Sergeant who at the time of promotion is receiving Education Incentive Pay shall continue to receive that payment for a period of up to four (4) years from the date of the promotion. If the employee has not qualified for the Education Incentive Pay under the terms of this section within four (4) years of the date of promotion, the employee’s Education Incentive Pay shall be terminated.

Full-time permanent employees in the classifications of Police Lieutenant and Police Captain are eligible for the following education incentive pay:

Eligible employees meeting the below listed education requirements will receive an additional five percent (5%) above base salary:
• Bachelor's Degree, in conjunction with the successful completion of the following additional educational program:
 California Commission on Peace Officer Standards and Training (CA POST) Supervisory Course
Eligible employees meeting the below listed education requirements will receive an additional seven percent (7%) above base salary:
• Bachelor's Degree, in conjunction with the successful completion of the following additional educational program:
 CA POST Management Course
Eligible employees meeting the below listed education requirements will receive an additional ten percent (10%) above base salary:
• Bachelor's Degree, in conjunction with the successful completion of one (1) of the following additional educational programs:
 FBI National Academy
 CA POST Command College
 Master's Degree, Juris Doctorate or PhD
 Police Executive Research Forum Senior Management Institute for Police
 California Police Chief’s Association Executive Leadership Institute at Drucker
The Police Chief, with City Manager approval, may add equivalent programs to these lists as appropriate.
14 Eligible employees may only receive compensation for one (1) Education Incentive Program category. The maximum education incentive pay premium is ten percent (10%) above base salary for eligible employees.

XIII. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (26) years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren twenty-six (26) years of age and under, will receive resident rates for class registration and facility rentals.

XIV. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT

LEAVE ACCRUALS FOR REGULAR PART-TIME EMPLOYEES
(RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on eligibility to receive leave and the actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (4.8) hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

XV. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Police Chief, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible employee in recognition of the extra hours of work required of this employee for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hours of management leave.

Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Chief of Police with approval by the City Manager.
15 XVI. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation.

The General Leave Plan is attached to this Agreement as Attachment C.

XVII. SICK LEAVE
Each eligible employee shall have a sick leave bank in which that employee may accrue and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees’ Retirement System plan.

XVIII. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Bereavement Leave
Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a spouse, registered domestic partner, sibling, parent, stepparent, grandparent, grandchild, grandparent-in-law, parent-in-law, sibling-in-law, or child-in-law of an employee.

Up to eighty (80) hours of paid bereavement leave may be granted for the death of a child or stepchild.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

Regular part-time employees shall be eligible for prorated bereavement and reproductive loss leave as described in Section XIV. and listed below:

Work Schedule Prorated Bereavement and Reproductive Loss Leave 30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
16 XIX. HOLIDAYS
A. The following days shall be recognized as municipal holidays:
• January 1, New Year’s Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
• Last Monday in May, Memorial Day
• June 19, Juneteenth
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day
• December 25, Christmas Day
• Two Floating Holidays, to be scheduled subject to approval by the Chief of Police
Regular full-time non-sworn employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday. Regular part-time non-sworn employees will receive prorated holiday pay pursuant to Section XIV Proration Of Holiday, General, And Bereavement Leave Accruals For Regular Part-Time Employees (RPT).

When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

The floating holiday must be scheduled and used during the fiscal year.

If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holiday during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holiday beginning July 1, of the next fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

With the continuation of the Nine/Eighty (9/80) bi-weekly work schedule, Closed Holiday Credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 of the current fiscal year. Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.
17 If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

B. Public Safety Management
Regular full-time sworn employees in the classification of Police Captain and Police Lieutenant shall receive as compensation in-lieu of holidays an amount equal to seven percent (7%) of regular pay, to be paid each pay period. (See Section XIX. A. for the complete list of holidays.)
C. Regular Part-Time Employees
Upon completion of one thousand forty (1,040) work hours or one (1) year of continuous active service, whichever occurs first, regular part-time employees shall be eligible for prorated holidays in accordance with Section XIX. and as listed below:

Work Schedule Holiday Pay
30-35 work hours 6-7 hours per holiday
20-25 work hours 4-5 hours per holiday
XX. GRIEVANCE PROCEDURE
Any dispute between the City and an employee regarding the interpretation or application of this MOU shall be considered a grievance. A grievance may be filed by an employee on their own behalf or by the President of the Association and/or their designated representative effecting the rights of an employee pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be effected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place and person served. Notice may also be served by addressing said notice to the City supervisor involved at the City Administration Building or the employee at his home address as shown in the Human Resources Office, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered served upon deposit in the U.S. Mail postage prepaid.

A written grievance shall contain a complete statement of the grievance, the alleged facts upon which the grievance is based, the reasons for the grievance, the remedy requested, and the sections of this agreement alleged to have been violated. The grievance shall be signed and dated by the employee and/or the President of the Association on behalf of an employee represented by the Association.

Hearings on grievances and actual filing of grievances may be processed during normally scheduled working hours. All other activities related to the employee’s or Association’s preparation and processing of the appeal grievance shall be done outside of scheduled working hours. No employee or Association representative shall 18 be entitled to any additional compensation or premium pay for any time spent in preparing or processing grievances. No grievances shall be processed during periods of overtime.

The employee or the Association shall pay for the time and expenses of their representatives and witnesses through all stages of the grievance procedure.

Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be permitted to be present without loss of compensation during hearings on grievances.

Time limits set forth herein for processing of the grievance procedure are of the essence of this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the employee and/or Association and the supervisor conducting a hearing.

Any grievance not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given. In the event the grievance is not answered by the City within the time limits set forth herein, the employee may and/or the Association on behalf of the employee may take the grievance to the next higher step in the grievance procedure within the time limits provided.

No resolution of any grievance shall be contrary to the provisions of this MOU.

An Association employee shall not be penalized if he/she erroneously files a grievance rather than an appeal or vice versa under City of Newark Ordinance No. 77.10, Section 8, RIGHT OF APPEAL. At such time as the employee is notified in writing that the wrong procedure has been utilized, the employee shall refile the action as a grievance or appeal within five (5) calendar days of the date of notification of erroneous filing.

Grievances shall be processed in the following manner:

A. Within ten (10) calendar days of the occurrence of the matter on which a grievance is based, the employee and/or Association representative shall discuss the grievance in a meeting with the immediate supervisor of the employee involved.

B. If after such discussion the employee and/or the Association does not believe the problem has been satisfactorily resolved, they shall have the right, within ten (10) calendar days of the occurrence of the matter to file a formal written grievance of the personnel action with the employee’s immediate supervisor.

C. Within ten (10) calendar days of receipt of the notice of formal written grievance, the immediate supervisor shall provide their decision in writing to the employee and/or Association representative.
19 D. Within ten (10) calendar days of the receipt of the decision from the employee’s immediate supervisor, the employee and/or the Association may appeal the grievance by presenting a formal written appeal on the grievance to the Chief of Police.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the Chief of Police shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the decision of the Chief of Police, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or their designated representative within ten (10) calendar days of receipt of the appeal shall make a thorough review of the grievance, meet with the Police Chief and the parties involved to attempt to resolve the grievance and, if necessary, thereafter provide a written decision to the employee and/or employee association within ten (10) calendar days of the meeting date.

G. Within ten (10) calendar days of receipt of the decision of the City Manager, the employee and/or employee association may demand in writing to the City Manager that a formal appeal of the grievance be submitted to an independent factfinder from a list of three qualified factfinders submitted to the City by the American Arbitration Association.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the factfinder.

2. The City and the employee and/or Association shall share equally the fees and expenses of the factfinder as well as the cost of making a record of the factfinder. Each party shall bear their attorney’s fees.

3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the employee’s union or association.

5. If either of the parties does not accept the decision of the factfinder, the party may appeal to a court of competent jurisdiction to hear the matter based on the transcript of evidence submitted to the factfinder and conclusions of the factfinder.
20 XXI. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES

INTERNAL REVENUE CODE
A. Pick-up of Employee Contributions

1. Pursuant to the provisions of this Agreement, the City shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the City in lieu of employee contributions.

2. Employee contributions made under paragraph 1 shall be paid from the same source of funds as used in paying the wages to affected employees.

3. Employee contributions made by the City under paragraph 1 shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.

4. The employee does not have the option to receive the City's contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

B. Wage Adjustment
Notwithstanding any provision in the current agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the City pursuant to the provisions hereof.

C. Limitations to Operability
Section XXI. shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code. 21 XXII. MANAGEMENT RIGHTS
The exercise by the City through its City Council and management representatives of its rights here under shall not in any way be directly or indirectly subject to the grievance procedure herein, except for specific provisions addressed in other clauses of this MOU.

The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and workforce performing those services in all respects, provided that this clause shall not supersede any other provisions of this MOU.

The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not expressed in provisions of this MOU; and such decision-making shall not be in any way, directly or indirectly, subject to the grievance procedure contained herein.

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this MOU, to direct its employees to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the method, means and personnel by which the City services are to be provided, including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community. 22 ATTACHMENT A

PAY PLAN
This Newark Police Management Association Pay Plan applies to all employees.

I. POLICY
The City’s policy for employee salaries is to establish and maintain a general salary structure based on marketplace norms and internal job alignment, which provides flexibility to reward personnel based on performance. Structures and ranges will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Individual salary adjustments will be considered by the City Manager based on (1) performance factors and overall contribution to management of the City; (2) pay structure adjustments; and (3) City’s financial condition.

II. ADMINISTRATION
The City Manager shall be accountable to the City Council for the overall administration of the Newark Police Management Association Pay Plan and will report on such administration annually or more often, as requested. The Police Chief is responsible for recommending to the City Manager salary adjustments for employees who are covered by the Plan.

The City Council shall consider the necessary adjustment of employee salary ranges annually. In determining plan adjustments, the City Council shall consider such matters as changes in the cost of living, other salary changes such as those arrived at through negotiations with recognized employee groups, compression between this employee group and subordinate class ranges and the competitive position of the City in recruitment and retention of personnel.

The overall salary structure, supporting administrative policies, and assignment of classifications to salary ranges will be reviewed annually by the City Manager with appropriate reporting to the City Council relative to the status of the program.

III. BASIC PLAN ELEMENTS
A. Structure. The Newark Police Management Association Pay Plan consists of four (4) salary ranges. There shall be no specific or predetermined “steps” within the range thus allowing the flexibility of adjustment to recognize varying levels of performance. All classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.
23 B. Performance Appraisal. All employees shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date or as described in Administrative Regulation 0510. All individual salary adjustments shall be based on performance. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The Police Chief will make a recommendation based on the employee’s performance appraisal for any salary adjustments to the City Manager.

C. Adjustments based on Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression. The City Manager may grant an upward adjustment in an individual’s salary in any amount up to an amount equal to the adjustment in the salary range or the City Manager may maintain an individual salary at present level. An adjustment of individual salaries is not required by a change in the salary range to which the position is assigned except to maintain the minimum salary for the range.

D. Meritorious Performance Adjustment. An employee shall be eligible to receive one merit increase per twelve-month period if the employee’s performance is beyond a satisfactory level. A meritorious performance adjustment would be in addition to any adjustment based on range movement. For each fiscal year during the term of this MOU, such an increase shall be up to five percent (5%), the exact percentage being determined by the City Manager based on an evaluation of the degree of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve (12) month period, but not more than once each six (6) months may be approved by the City Manager for the following reasons:

1. An employee’s salary is below the midpoint of the range and the employee has experienced substantial growth in their position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six (6) month meritorious performance adjustment, the employee’s anniversary date will change pursuant to the Personnel Rules and Regulations.
24 E. Special Adjustment. The City Manager may authorize salary adjustments up to ten percent (10%) per fiscal year within the assigned salary range for the following reasons:

1. An employee’s performance consistently exceeds the scope and expectations of their classification as determined by the City Manager.

2. Competitive labor market conditions warrant an adjustment.

3. An employee’s overall contribution and value to the City as determined by the City Manager warrants an adjustment.
25 Salaries listed for full-time non-sworn management employees are based on a forty (40) hour workweek.

Salaries listed for full-time sworn management positions are based on designated shift schedules.

Regular part-time non-sworn management employee salaries are prorated based on the forty (40) hour workweek salary ranges.

Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual 107.44 8,595.20 223,475.20 128.94 10,315.20 268,195.20

92.78 7,422.40 192,982.40 111.33 8,906.40 231,566.40

70.65 5,652.00 146,952.00 84.78 6,782.40 176,342.40

81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20
Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual 113.89 9,111.20 236,891.20 136.68 10,934.40 284,294.40

98.35 7,868.00 204,568.00 118.01 9,440.80 245,460.80

73.12 5,849.60 152,089.60 87.75 7,020.00 182,520.00

84.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60
Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual 119.58 9,566.40 248,726.40 143.51 11,480.80 298,500.80
103.27 8,261.60 214,801.60 123.91 9,912.80 257,732.80

75.68 6,054.40 157,414.40 90.82 7,265.60 188,905.60

87.62 7,009.60 182,249.60 105.12 8,409.60 218,649.60

ATTACHMENT B
Police Support Services Manager RANGE 17
Classification
Police Captain RANGE 22 - CAP
Police Lieutenant RANGE 19 - LT
Community Engagement Manager RANGE 14
Salary Schedule Effective 7/01/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Police Lieutenant RANGE 19 - LT
Community Engagement Manager RANGE 14
Police Support Services Manager RANGE 17
Police Support Services Manager RANGE 17
Salary Schedule Effective 7/01/2026
Classification
Police Captain RANGE 22 - CAP
Community Engagement Manager RANGE 14
Salary Schedule Effective 7/11/2025
Step 1 Step 2 Step 3 Step 4 Step 5
Classification
Police Captain RANGE 22 - CAP
Police Lieutenant RANGE 19 - LT
26 ATTACHMENT C

GENERAL LEAVE PLAN
I. DEFINITION
General Leave is compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation.

Management Leave shall remain separate from General Leave.

II. APPLICABILITY
The General Leave Plan shall apply to regular full-time employees. Regular part- time employees shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an employee with one (1) year of City service who works thirty-five (35) hours per week will receive one hundred sixty-one (161) hours of general leave per year. An employee with one (1) year of City service who works twenty-four (24) hours per week will receive one hundred ten and four tenths (110.4) hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

Years of RFT
Completed Service Leave Accrual
1 through 9 184 hours
10 through 14 224 hours
15 through 19 240 hours
20 or more 264 hours
27 B. General Leave shall be accrued in hours on a semi-monthly basis.

C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the ninetieth (90th) day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full-time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of seven and sixty six hundredths (7.66) working hours, semi-monthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of
Completed Service Maximum Accrual
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the ninetieth (90th) day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of
Completed Service
20-25 hour
Leave Accrual
30-35 hour
Leave Accrual
1 through 9 92-115 hours 138-161 hours
10 through 14 112-140 hours 168-196 hours
15 through 19 120-150 hours 180-210 hours
20 or more 132-165 hours 198-231 hours
G. Maximum Accumulation: Regular Part-time employees may accumulate General Leave credits according to the following schedule:

Years of
Completed Service
20-25 hour
Maximum Accrual
30-35 hour
Maximum Accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
28 When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank . Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

Effective August 2, 2025, the Rollover Leave bank will be eliminated.

Employees reaching the maximum amount of General Leave credits will immediately cease earning General Leave credits. General Leave credits remaining in the Rollover Leave Bank on August 2, 2025 will be cashed out in the following pay period.

Exceptions to the maximum accrual limits may be approved by the City Manager under special circumstances. Requests to exceed maximum accrual limits must be submitted through the Police Chief to the City Manager prior to reaching maximum accrual.

IV. LEAVE CREDITS TRANSITION
Unused leave credits shall be transitioned as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

B. Sick Leave Credits: All unused sick leave credits shall be maintained in a sick leave bank to be used in accordance with the provisions of the General Leave Plan. Accrued time in the sick leave bank shall not be compensated for in any manner except as used for sick leave or retirement service credit.

C. At time of conversion to General Leave, if vacation credits exceed General Leave accrual limit, a plan shall be developed to reduce converted vacation leave credits to the General Leave accrual limits within six (6) months. A longer period to reduce converted vacation leave credits may be approved by the City Manager under special circumstances.

V. GENERAL LEAVE USAGE
Request and Approval: The Police Chief is responsible for arranging leave schedules so that adequate personnel are available to carry on city work. The use of General Leave shall require approval of the Police Chief or their designee and shall be governed by the current Personnel Rules dealing with leaves unless specifically covered by this Plan document.

Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave. The procedure for requesting the use of General Leave shall be as follows:
28 A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior approval of the Police Chief, or the employee’s supervisor. The time and amount of General Leave to be taken for nonmedical purposes shall be determined by the Police Chief with due regard for the wishes of the employee and particular regard for the needs of the City.

B. General Leave (Medical): An unscheduled absence from work due to an employee’s illness shall be referred to as General Leave for medical reasons. The Police Chief may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons.

The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Police Chief shall make the determination and final approval of unscheduled General Leave for medical reasons.

C. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, etc.) by notifying their supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by their supervisor. Final approval for an unanticipated, unscheduled absence shall require Police Chief approval. Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

E. Medical examination by the City’s examining physician may be requested by the Police Chief after prolonged, serious, or repetitious illness, injury, or major surgery. An employee’s return to duty following illness or injury is subject to the approval of the Police Chief or City Manager based upon medical information supplied by the employee’s physician and/or the City’s physician.

F. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers’ Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to make up the difference between the employee’s regular pay and the amount payable to the employee as temporary disability payments from the Workers’ Compensation Insurance Plan of the City.
29 28
G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement.

H. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account. Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, may use unused sick leave balances for absences due to further illness or injury prior to using further General Leave.

2. Upon approval of the City Manager, an employee whose absence is due to illness or injury for more than five (5) consecutive workdays for any one occurrence may use unused sick leave balances for absences due to further illness or injury for that particular medical condition prior to further using General Leave.

3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use of unused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee’s General Leave usage.

VI. GENERAL LEAVE CONVERSION TO PAY OR SICK LEAVE
A. Buy-Back: A regular full-time employee may request to receive pay, or elect equivalent deferral into one of the City sponsored deferred compensation plans within IRS limitations, for up to a total of one hundred sixty (160) hours of General Leave per calendar year [one hundred twenty to one hundred forty (120-140) hours for thirty to thirty-five (30-35) hour employees; eighty to hundred (80-100) hours for twenty to twentyfive (20-25) hour employees] in hourly increments at the current hourly salary rate.

B. By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year to be paid the first pay period each October, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below: 30 28 • Employees must have a minimum of ten (10) days [eighty (80) hours for fulltime or prorated for part-time) remaining in general leave accruals at the time of cash out.
• Employees must submit their General Leave Buy-Back Request Form to Payroll by December 1. This is an irrevocable election by the employee.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the general leave buy-back program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the general leave buy-back program.

VII. GENERAL LEAVE AT TERMINATION
A. An eligible employee whose employment with the City terminates shall be paid for any unused General Leave. Payment for unused General Leave shall be made at the hourly rate of pay in effect for such employee at the time of separation.

B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated.

Such designation shall be in writing, signed by the employee and filed with the Human Resources Department. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

VIII. HOLIDAYS DURING GENERAL LEAVE
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking General Leave, such employee shall not be charged as using General Leave for that day. The employee’s compensation for that day shall be holiday pay.
31 EXHIBIT B

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK
AND

NEWARK POLICE MANAGEMENT ASSOCIATION
JULY 1, 2022
2025 THROUGH
JUNE 30,
20252028
Adopted:

June 23,
2022July 24,
2025
REVISED: December 15, 2022
REVISED: November 9, 2023
REVISED: December 14, 2023
Resolution No. 11381, Amended by Resolution No. 11455, No. 11582, No. 11596 0 Section
TABLE OF CONTENTS( confirm page #)
Page
I. Term 1
II. Recognition 1
III. Definitions 1
IV. Compensation 1
V. Working Hours 3
VI. Labor Market 4
VII. Acting/Special Assignment Pay 5
VIII. Retirement 65
IX. Health and Welfare Programs 8
X. Life Insurance 11
XI. Uniform Maintenance and Provision of Uniforms 11
XII. Educational Reimbursement 11
XIII. Recreation Benefits 14
XIV. Proration of Holiday, General, and Bereavement Leave Accruals for Regular Part-Time Employees (RPT) 14
XV. Management Leave 14
XVI. General Leave 15
XVII. Sick Leave 15
XVIII. Bereavement & Reproductive Loss Leave 15
XIX. Holidays 16
XX. Grievance Procedure 17
0 XXI. Implementation of Section 414(h)(2) of the United States Internal Revenue Code 20
XXII. Management Rights 21
Attachments
A Newark Police Management Association Pay Plan
B Salary Schedule
C General Leave Plan
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE MANAGEMENT ASSOCIATION I. TERM
This agreement shall be in effect from July 1, 2022 2025 through July 1June 30, 20252028.

II. RECOGNITION
The City of Newark (“City”) recognizes the Newark Police Management Association (“NPMA”), hereinafter referred to as the “Association,” as the majority representative for regular full-time employees in the sworn classifications and full-time and regular part-time non-sworn classifications listed below, pursuant to Employer-Employee Relations Resolution No. 1833:

Police Captain
Police Lieutenant
Community Engagement Manager
Police Support Services Manager
III. DEFINITIONS
For purposes of this Memorandum of Understanding (“MOU” or “Agreement”), unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Employees” shall mean those regular full-time and regular part-time employees of the City of Newark occupying classifications represented by the Newark Police Management Association.

B. “Employer” shall mean the City of Newark.

C. “Non-sworn” refers to those personnel occupying the classifications of Police Support Services Manager and Community Engagement Manager.

D. “Sworn” refers to personnel occupying classifications of Police Captain and Police Lieutenant.

IV. COMPENSATION
Employees shall be compensated pursuant to the Newark Police Management Association Pay Plan as set forth in Attachment A and Attachment B attached hereto and incorporated herein by this reference. The NPMA classifications that are participating in the Newark Police Management Association Pay Plan are those listed below:
2 Classification
Community
Engagement
Manager
Police Captain
Police
Lieutenant
Police Support
Services
Manager
Effective July 1, 2022, the minimum of each range will be amended to be 20% below the current range maximum. Employees currently below this minimum will be adjusted to be at the new range minimum. Said minimum adjustment shall be implemented independently of below noted general salary increases.

A. GENERAL SALARY INCREASE
Effective July 11, 20222025, the total compensation salary ranges for all NPMA employees shall be increased four percent (4.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. Aall employees shall receive a four percent (4%) salary increase.

Effective July 1, 20236, the total compensation salary ranges for all NPMA employees shall be increased three percent (3.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. Aall employees shall receive a three percent and one-half percent (3.5%) salary increase.

Effective July 1, 20242027, the total compensation salary ranges for all NPMA employees shall be increased three percent (3.0%) as set forth in Attachment B, attached hereto and incorporated herein by this reference. Aall employees shall receive a three percent and one-half percent (3.5%) salary increase.

B. SALARY RANGE INCREASE

1. Effective July 11, 2025, the range for Community Engagement Manager will be increased to Range 14.

2. Effective July 11, 2025, the range for Police Support Services Manager will be increased to Range 17.

3. Effective July 11, 2025, the ranges for Police Lieutenant and Police Captain will be increased by 7%.
3 4. Effective July 1, 2026, the ranges for Police Lieutenant and Police Captain will be increased by 6%.

5. Effective July 1, 2027, the ranges for Police Lieutenant and Police Captain will be increased by 5%.

Salary Computation: Hourly equivalent of base monthly = base monthly salary x

0.0057692 (0.0057692 represents the monthly salary divided by the average number of hours worked in a month).

C. ONE-TIME SUPPLEMENTAL FIRST RESPONDER BASE WAGE

ADJUSTMENTS
On a one-time basis and during the term of this Agreement sworn employees shall receive the following supplemental increases in addition to the increase identified in the General Salary Increase in Section A above:

1. Effective July 11, 2025, the supplemental salary increase shall be three percent (3.0%).

2. Effective July 1, 2026, salary increase shall be one and one-half percent (1.5%).

3. Effective July 1, 2027, salary increase shall be one and one-half percent (1.5%).

D. Should the classifications of Police Sergeant or Public Safety Dispatch Supervisor receive an increase included in total compensation that exceeds the increases provided in this section during the period of July 1, 2025 – June 30, 20298, the City and NPMA agree to meet and confer on potential impacts of those increases.

A. E. LONGEVITY PAY
Longevity Pay will be phased in over the term of this memorandum for the Police Lieutenant classification. The Police Lieutenant will receive 50% of their eligible longevity pay between July 1, 2022 and June 30, 2023; 75% of their eligible longevity pay between July 1, 2023 and June 30, 2024; and will be eligible to receive the full longevity pay starting July 1, 2024.

Effective July 1, 2022 the Rregular full-time employees in the classifications of Police Lieutenant and Police Captain are eligible for longevity pay as follows:

Police Captain:

Upon commencement of ten (10) years of service -– two and onehalf percent (2.5%) salary increase. Upon commencement of fifteen (15) years of service -– five percent (5.0%) salary increase. Upon commencement of twenty (20) years of service -– seven and onehalf percent (7.5%) salary increase. 4 Police Lieutenant:

July 1, 2022 – June 30, 2023
Upon commencement of 10 years of service - 1.25% salary increase Upon commencement of 15 years of service - 2.5% salary increase Upon commencement of 20 years of service - 3.75% salary increase July 1, 2023 – June 30, 2024
Upon commencement of 10 years of service - 1.875%salary increase Upon commencement of 15 years of service - 3.75% salary increase Upon commencement of 20 years of service - 5.625% salary increase July 1, 2024 – June 30, 2025
Upon commencement of 10 years of service - 2.5% salary increase Upon commencement of 15 years of service - 5.0% salary increase Upon commencement of 20 years of service - 7.5% salary increase Longevity pay is computed on base compensation only. The maximum longevity pay premium is seven and one-half percent (7.5%) of salary for eligible employees.

For service to meet the requirements of longevity pay, it must meet all of the following criteria:
 Full-time sworn service in the classifications of Police Officer, Police Corporal, Police Sergeant, Police Lieutenant, Police Commander, Police Captain, and/or similar sworn position; in a public sector agency, including probationary time; and  Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation or other protected leaves per state or federal law.

V. WORKING HOURS
A. Full-time employees work forty (40) hours per week and as necessary.

The City Manager may revise the standard work schedule upon reasonable notice.

B. Sworn employees work a Four-Ten (4/10) schedule that equates to forty (40)- hours per week in a two (2) week period. Typically, an employee assigned to this work schedule will work ten (10) hours per day for four (4) days in one (1) week.

C. Non-sworn employees work a Nine-Eighty (9/80) schedule that equates to forty (40)- hours per workweek in a two (2) week period. Typically, an employee assigned to this work schedule will work nine (9) hours per day for four (4) days and one (1) day of eight (8) hours in one (1) week [(for a total of forty-four (44) hours)] and then nine (9) hours per day for four (4) days in the next week [(for a total of thirty-six (36) hours)].
5 D.C. City offices will be closed for business during the December holiday season. Nonessential employees, as determined by the City Manager, will participate in a fourday furlough. Employees may use general leave, management leave, holiday or floating holidays during the furlough.

E.D. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

F.E. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) -day salary advance. This salary advance must be requested by June 1 preceding the furlough. Repayment of a salary advance for the furlough may be spread over a period of time provided that:

1. There is two (2) weeks advance notice to payroll,

2. The salary advance is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furlough,

3. Payments begin no earlier than July 1 of the impacted calendar year, and

4. The repayment plan is approved by the Finance Director, or designee prior to the furlough.

G.F. The Police Support Services Manager and Community Engagement Manager will normally be assigned to a Four-Ten (4/10) schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives. Alternatives to the work schedules outlined above will be subject to the approval of the City Manager.

VI. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of salary and benefit survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City. The City will review the designated labor market during the first year of the term of this agreement, and agree to meet and confer on any proposed changes.

During the first year of the term of the contract, the City will conduct a Classification and Compensation Study. The Classification portion will include updating all job classifications to reflect current duties. The Compensation portion will include conducting a Total Compensation Survey for all Association classifications. The Study will be subject to meet and confer with the Association prior to implementation. 6 The survey is for purposes of study and negotiations and shall not trigger any automatic adjustments.
"Total compensation" for survey purposes shall include:
 Top step/range base salary.
 That portion of the employer's PERS contribution that is paid by the employee (employee contributions to the employer’s PERS costs shall be reflected as a negative number).
 The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.
 Any premiums paid by the employer for life insurance.  Any premiums paid by the employer for long term and/or short term disability.

For discussion purposes, the parties will prepare an alternative “Total compensation” survey that includes the items above and adds the following:
 The maximum amount paid by the employer for educational achievements or POST certificates.
 The maximum amount paid by the employer for length of service.  The maximum number of holiday hours or holiday pay provided by the employer.  The maximum amount paid by the employer toward a deferred compensation program.

VII. ACTING/SPECIAL ASSIGNMENTAND BILINGUAL PAY
A. Employees are eligible for premium pay of five percent (5%) over base salary while acting in a higher classification when assigned and prescribed by the City Manager.

B. The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars
B. ($100.00) per month. Regular part-time employees scheduled to work thirty (30) to thirty-five (-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part-time employees scheduled to work twenty (20) -to twenty-five (25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522 which establishes a policy and procedures for receiving bilingual assignment pay:

1. Employees will be required to pass an initial fluency test administered by the City or an independent testing service. Employees will be required to undergo periodic testing of skill level to remain eligible for bilingual pay.

2. Eligible languages will be determined by the City.

3. Employees must be in a classification that brings them into regular contact with the general public.
7 4. The City retains the right to make the final determination regarding eligibility for bilingual assignment pay.

VIII. RETIREMENT
A. All employees who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

B. The City shall continue to provide to all sworn Classic employees a retirement formula known as three percent at fifty “3% at 50” together with single year highest compensation, military service credit for prior service, and the indexed level 1959 survivor benefit options of the CalPERS pension plan. Sworn Classic Members continue to pay the nine percent (9%) employee rate for the three percent (3%) at fifty (50) retirement formula plus continue to pay up to four percent (4%) of an additional contribution in accordance with the following formula for a current total pre-tax contribution of thirteen percent (13%).

Sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Safety Plan employer actuarial rate for the three percent (3%) at fifty (50) retirement formula exceeds seventeen percent (17.00%) to a maximum of twenty-five percent (25.00%). In the event that the employer rate exceeds twenty-five percent (25.00%), the City shall be responsible for any increase above twenty-five percent (25.00%). In subsequent years, if the rate over seventeen percent (17.00%) decreases, the sworn Classic members matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below seventeen percent (17.00%) will not be shared with sworn Classic members under the above formula.

The following example is for illustrative purposes only:

If the CalPERS Safety Plan employer actuarial rate for the three percent (3% at fifty (50) retirement formula increased from seventeen percent (17.00%) to twenty percent (20.00%) effective July 1, 2006,the sworn Classic members’ rate would increase from nine percent (9.00%) to ten and one-half percent (10.50%).

The City would then be responsible for the matching one and one-half percent (1.50%). If the rate decreased from twenty percent (20.00%) to eighteen percent (18.00%), the sworn Classic members’ rate would decrease by one percent (1.00%). The members’ rate increase or decrease would be done through a contract amendment with CalPERS and the City.

C. The City shall continue to provide to all non-sworn Classic management employees a retirement formula known as two and one-half percent at fifty-five “2.5% at 55” together with single year highest compensation, pre-retirement 8 optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 Survivor Benefit options of the CalPERS pension plan. Non-Sworn Classic Members continue to pay the eight percent (8%) employee rate for the two and one-half percent (2.5%) at fifty-five (55) retirement formula plus continue to pay up to three and four hundred sixty-eight thousandths percent ( 3.468%) of an additional contribution in accordance with the following formula for a total tax deferred contribution of eleven and four hundred sixty eight thousandths percent (11.468%).
9 Non-sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Miscellaneous Plan employer actuarial rate for the two and one-half percent (2.5%) at fifty-five (55) retirement formula exceeds ten percent (10.00%) to a maximum of sixteen and nine hundred thirty sixty thousandths percent (16.936%). In the event that the employer rate exceeds sixteen and nine hundred thirty sixty thousandths percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty sixty thousandths percent (16.936%). In subsequent years of the term of the agreement, if the rate over ten percent (10.00%) decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula.

Employer rate reductions below ten percent (10.00%) will not be shared under the above formula.

The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to ten percent (10.00%), each Classic non-sworn member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases by three percent (3.0%), each non-sworn Classic member would contribute half of the three percent (3.00%) increase, one and one-half percent (1.50%), from their salary to pay for the retirement benefit. The City would then be responsible for the matching one and one-half percent (1.50%). If the rate decreased by three percent (3.0%), the non-sworn Classic member would no longer contribute the additional one and one-half percent (1.50%) of their salary towards the employer rate to pay for the retirement benefit.

D. The City shall provide to sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) a retirement formula known as two and seven tenths percent (2.7%) at fifty-seven (57) in accordance with the Public Employees’ Pension Reform Act of 2013.

Sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the two and seven tenths percent (2.7%) at fifty-seven (57) plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate (currently 12%), sworn PEPRA Members will currently pay an additional contribution of 4.0% for a total of 16%. If CalPERS approves a contract amendment for the City of Newark that charges Sworn New PEPRA Members an additional one and one-half percent (1.5%) of the employee rate.contribution rather than an additional 4% contribution for a current total of

13.5% rather than a current total of 16% (and If CalPERS approves a contract amendment for the City of Newark that eliminates the one and one-half percent (1.5%) contribution the provisions described here in for Sworn Classic Members, Non-Sworn Classic and Non-Sworn PEPRA Members), the City agrees to amend its contract for sSworn PEPRA Members accordingly.

The following is for illustrative purposes only:
10 If the employee rate for sworn PEPRA Members is 12%, in this example sworn PEPRA Members would pay the 12% employee rate plus an additional 4% for a total of 16%.
11 E. The City shall provide to all non-sworn employees who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as two percent (2%) at sixty-two (62) in accordance with the Public Employees’ Pension Reform Act of 2013.

Non-sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the two percent (2%) at sixty-two (62) plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate, non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members pay.

F. The City shall provide the one (1) -year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three (3) -year average compensation requirement to PEPRA members as defined above.

IX. HEALTH AND WELFARE PROGRAMS
A. The contribution by the City toward monthly premiums for health and welfare programs of employees represented by the Association shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section 4C. The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

B. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet and confer with the Association regarding the impact of such changes.

Effective for the 20225 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.
12 For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $878
Employee + 1 Dependent: $1,755
Employee + 2 or more Dependents: $2,318
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $439-$549
Employee + 1 Dependent: $878-$1,097
Employee + 2 or more Dependents: $1,159-$1,449
Effective for the 2023 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $896
Employee + 1 Dependent: $1,790
Employee + 2 or more Dependents: $2,364
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $448-$560
Employee + 1 Dependent: $895-$1,119
Employee + 2 or more Dependents: $1,182-$1,478
Effective for the 2024 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $913
Employee + 1 Dependent: $1,826
Employee + 2 or more Dependents: $2,412
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $457-$571
Employee + 1 Dependent: $913-$1,141
Employee + 2 or more Dependents: $1,206-$1,507
13 Effective for the 2025 plan year, the City shall contribute to each eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time Employees and Regular Part-Time Employees working 30- 35 hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more
Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee + 2 or more Dependents: $1,230-$1,537
Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working twenty (20) to twenty-five (25) hours:

Employee Only: $466-$582
Employee + 1 Dependent: $931-$1,164
Employee+ 2 or more Dependents: $1,230-$1,537
Effective for the 2026 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working twenty to twenty-five 20-25 hours:

Employee Only: $513-$641
Employee + 1 Dependent: $1,025-$1,281
Employee+ 2 or more Dependents: $1,353-$1,691
Effective for the 2027 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty (20) to twenty-five (25) hours:
14 Employee Only: $539-$673
Employee + 1 Dependent: $1,076-$1,344
Employee+ 2 or more Dependents: $1,421-$1,776
Effective for the 2028 plan year, the City shall contribute to eligible NPMA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working twenty (20) to twenty-five (25) hours:

Employee Only: $566-$707
Employee + 1 Dependent: $1,130-$1,412
Employee+ 2 or more Dependents: $1,493-$1,866
C. Cash Back / Cash In Lieu of Benefits:

1. Cash-In-Lieu: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred fifty dollars ($450) “cash-in-lieu” of benefits, which includes the PEMCHA minimum per section
A.1 above.

2. Cafeteria Plan Cash-Back: Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred fifty dollars ($450.) per month of any money not used for the purchase of employer offered benefits. Any “cash-in-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working thirty (30) to thirty-five (35) hours the cash-in-lieu and cash back amount will be three hundred thirty-eight dollars ($338.) to three hundred ninety-four dollars (-$394).

For Regular Part-Time Employees working twenty (20)- to twenty-five (25) hours the cash-in-lieu and cash back amount will be two hundred twenty-five dollars ($225.) to two hundred eighty-one dollars ($281.).

D. City and Association agree that in the event of any additional federal or state mandates requiring employer contributions for health care coverage, the City and Association shall reopen the memorandum of understanding to meet and confer on the issue of health care premiums and its impact on total compensation.

E. All regular full-time employees in the Association shall receive an allowance of one hundred dollars
E. ($100.00) per month intended to be used towards the cost of health care premiums, long-term disability premiums, and/or reimbursement for medical, dental, vision, and prescription expenses. All regular part-time employees in the Association 15 shall receive an allowance of up to seventy-five dollars ($75.) for thirty (30) to thirty-five (35) hour
16 employees and up to fifty dollars ($50.) for twenty (20) to twenty-five (25) hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:

An employee must be in a paid status (on the payroll) in order to receive the allowance. During any unprotected leave of absence without pay, an employee is not eligible to receive the health care benefit allowance.

Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to or immediately following appointment.

When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata basis. To qualify for prorate pay, the employee must serve fifty percent (50%) percent of the working days in the month.

X. LIFE INSURANCE
The City will provide City-paid life insurance coverage of fifty thousand dollars ($250,000.) to each employee. Effective July 1, 2022, this amount will increase to $50,000 for regular full-time and regular part-time employees. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

XI. UNIFORM MAINTENANCE AND PROVISION OF UNIFORMS
Sworn employees designated as public safety shall receive a uniform maintenance allowance of one hundred dollars ($100.00) per month.

The Police Support Services Manager and Community Engagement Manager shall receive a uniform maintenance allowance of forty-five dollars ($45.00) per month for the purchase and maintenance of City approved uniforms.

The City and Association agree to meet and confer in calendar year 2023 towards the possibility of implementing a City-provided and maintained uniform program in replacement of the uniform allowance.

XII. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager may authorize reimbursement up to one hundred percent (100%) of the cost for professional courses and programs that are directly related to the employee’s job or which will prepare the employee for advancement or acceptance of greater responsibility. A certificate of completion or a passing course grade must be attained for reimbursement. 17 B. Plan and Agreement for a College Degree Program

1. In addition to job-related training, the City Manager may authorize reimbursement for up to ten thousand dollars ($10,000.00) of the cost for tuition fees and required text books for a college degree program directly related to the employee’s job which will prepare the employee for advancement or acceptance of greater responsibility provided that the employee attains a course grade of “C” or a passing grade as defined by the degree program if that requirement is higher than a “C” grade.

2. If an employee receives more than five thousand dollars ($5,000.00) dollars during their term of employment with the City of Newark in a college degree program, the employee is required to sign an Educational Reimbursement Plan Agreement in order to qualify for and to participate in the Educational Reimbursement College Degree Program. The employee is then subject to the Educational Reimbursement Plan and Agreement for a College Degree Program as follows:
a. Employee will maintain employment with the City of Newark for a period of five (5) years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five (5) year employment period, employee warrants that he/she theywill reimburse to the City all money paid [(up to ten thousand dollars ($10,000)] under the Educational Reimbursement Plan as follows:
i. One hundred percent (100%) of money paid if the employee voluntarily leaves city employment in the first year after completion of the last class taken under the Educational Reimbursement Plan.
ii. Eighty percent (80%) of money paid if the employee voluntarily leaves city employment in the second year after completion of the last class taken under the Educational Reimbursement Plan. iii. Sixty percent (60%) of money paid if the employee voluntarily leaves city employment in the third year after completion of the last class taken under the Educational Reimbursement Plan.
iv. Forty percent (40%) of money paid if the employee voluntarily leaves city employment in the fourth year after completion of the last class taken under the Educational Reimbursement Plan.
v. Twenty percent (20%) of money paid if the employee
voluntarily leaves city employment in the fifth year after 18 completion of the last class taken under the Educational Reimbursement Plan.
19 vi. After five (5) years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

3. To qualify for the Educational Reimbursement College Degree Program, degree program courses must be received from an accredited institution as identified on the U.S. Department of Education’s List of Nationally Recognized Accrediting Agencies or the Council for Higher Education Accreditation’s (CHEA) List of Participating and Recognized Organizations.

C. Education Incentive Pay
Education Incentive Pay will be phased in over the term of this memorandum for the Police Lieutenant classification. The Police Lieutenant will receive 50% of their eligible education incentive pay between July 1, 2022 and June 30, 2023; 75% of their eligible education incentive pay between July 1, 2023 and June 20, 2024; and will be eligible to receive the full education incentive pay starting July 1, 2024.

During the phase-in period, the classification of Police Lieutenant may elect to continue receiving the Education Incentive Pay being carried over from their promotion from Police Sergeant as noted below.

An employee promoted from Police Sergeant who at the time of promotion is receiving Education Incentive Pay shall continue to receive that payment for a period of up to four (4) years (4) from the date of the promotion. If the employee has not qualified for the Education Incentive Pay under the terms of this section within four (4) years (4) of the date of promotion, the employee’s Education Incentive Pay shall be terminated.

Full-time permanent employees in the classifications of Police Lieutenant and Police Captain are eligible for the following education incentive pay:

Eligible employees meeting the below listed educational requirements will receive an additional five percent (5%) above base salary:
 Bachelor's Degree, in conjunction with the successful completion of one of the following additional educational programs:
o California Commission on Peace Officer Standards and Training (CA POST) Supervisory CertificateCourse
Eligible employees meeting the below listed educational requirements will receive an additional seven percent (7%) above base salary:
20  Bachelor's Degree, in conjunction with the successful completion of one of the following additional educational programs:
o CA POST Management ProgramCourse
o FBI National Academy
o CA POST Command College
o Naval Post Graduate Academy
o Master's Degree, Juris Doctorate or PhD
Eligible employees meeting the below listed education requirements will receive an additional ten percent (10%) above base salary:
21  Bachelor's Degree, in conjunction with the successful completion of one (1) of the following additional educational programs:
o FBI National Academy
o CA POST Command College
o Master's Degree, Juris Doctorate or PhD
o Police Executive Research Forum Senior Management Institute for Police o California Police Chief’s Association Executive Leadership Institute at Drucker The Police Chief, with City Manager approval, may add equivalent programs to these lists as appropriate.

Eligible employees may only receive compensation for one (1) Education Incentive Program category. The maximum education incentive pay premium is seven ten percent (710%) above base salary for eligible employees.

XIII. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (26) years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren twenty-six (26) years of age and under, will receive resident rates for class registration and facility rentals.

XIV. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE

ACCRUALS FOR REGULAR PART-TIME EMPLOYEES (RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on eligibility to receive leave and the actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (4.8) hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

XV. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Chief of Police Chief, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible employee in recognition of the extra hours of work required of this employee for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hours of management leave.
22 Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Chief of Police with approval by the City Manager.

XVI. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to this Agreement as Attachment C.

XVII. SICK LEAVE
Each eligible employee shall have a sick leave bank in which that employee may accureaccrue and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees’ Retirement System plan.

A. COVID-Related Temporary Benefits:

Members of NPMA that did not use EPAL or only partially used EPAL between March 17, 2020 and April 30, 2020 are eligible for up to 120 hours of Additional Administrative Leave ("AAL"). Full time employees that are members of NPMA are eligible for up to 120 hours of AAL based on 3 weeks of regularly scheduled full time hours (40 hours per week) with part time employees eligible for a prorated amount of AAL based on 3 weeks of regularly scheduled part-time hours. AAL will be reduced proportionately by the amount of EPAL that a member of NPMA used.

For example, if a full time employee member of NPMA partially worked between March 17, 2020 and April 30, 2020, but still utilized 60 hours of EPAL, that member would have 60 hours of AAL, while if a part time employee member of NPMA that is regularly scheduled for 30 hours per week (and is thus eligible for up to 90 hours of AAL) utilized 60 hours of EPAL, that member would have 30 hours of AAL. AAL has no cash value and must be used by December 31, 2022. Any AAL remaining on January 1, 2023 will be removed and no longer available for use.

XVIII. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Bereavement Leave
Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a 23 husband, wifespouse, registered d
24 domestic partner, sister, brothersibling, mother, stepmother, parent, stepparent, father, stepfather, grandparent, grandchild, grandparent-in-law, motherparent-in-law, father-in-law, sistersibling-in-law, brother-in- law, or sonchild-in-law , or daughter-in-law of an employee.

Up to eighty (80) hours of paid bereavement leave may be granted for the death of a son, daughterchild or stepchild., stepson, or stepdaughter.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

Regular part-time employees shall be eligible for prorated bereavement and reproductive loss leave as described in Section XIV. and listed below:

Work Schedule Prorated Bereavement and Reproductive Loss Leave 30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
XIX. HOLIDAYS
A. The following days shall be recognized as municipal holidays:
 January 1, New Year’s Day
 Third Monday in January, Martin Luther King, Jr. Day
 Third Monday in February, Presidents Day
 Last Monday in May, Memorial Day
 June 19, Juneteenth
 July 4, Independence Day
 First Monday in September, Labor Day
 November 11, Veterans Day
 Thanksgiving Day
 Friday following Thanksgiving Day
 December 24, Christmas Eve Day
 December 25, Christmas Day
 Two Floating Holidays, to be scheduled subject to approval by the Chief of Police
Regular full-time non-sworn employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday. Regular part-time non-sworn employees will receive prorated holiday pay pursuant to Section XIV Proration 25 Of Holiday, General, And Bereavement Leave Accruals For Regular Part-Time Employees (RPT).

When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

The floating holiday must be scheduled and used during the fiscal year.

If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holiday during the current fiscal year. If an 26 employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holiday beginning July 1, of the next fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

With the continuation of the Nine-Eighty (9/80) bi-weekly work schedule, Closed Holiday Credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 of the current fiscal year. Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

B. Public Safety Management
Regular full-time sworn employees in the classification of Police Captain and Police Lieutenant shall receive as compensation in-lieu of holidays an amount equal to seven percent (7.0%) of regular pay, to be paid each pay period. (See Section XIX. A. for completethe complete list of holidays.) C. Regular Part-Time Employees
Upon completion of one thousand forty (1,040) work hours or one (1) year of continuous active service, whichever occurs first, regular part-time employees shall be eligible for prorated holidays in accordance with Section XV XIX. and as listed below:

Work Schedule Holiday Pay
30-35 work hours 6-7 hours per holiday
20-25 work hours 4-5 hours per holiday
XX. GRIEVANCE PROCEDURE
Any dispute between the City and an employee regarding the interpretation or application of this Memorandum of UnderstandingMOU shall be considered a grievance. A grievance may be filed by an employee on their own behalf or by the President of the Association and/or their designated representative effecting the rights of an employee pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be effected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place and person served. Notice may also be served by addressing said notice to the City supervisor involved at the City Administration Building or the
27 employee at his home address as shown in the Human Resources Office, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered served upon deposit in the U.S. Mail postage prepaid.

A written grievance shall contain a complete statement of the grievance, the alleged facts upon which the grievance is based, the reasons for the grievance, the remedy requested, and the sections of this agreement alleged to have been violated. The grievance shall be signed and dated by the employee and/or the President of the Association on behalf of an employee represented by the Association.

Hearings on grievances and actual filing of grievances may be processed during normally scheduled working hours. All other activities related to the employee’s or Association’s preparation and processing of the appeal grievance shall be done outside of scheduled working hours. No employee or Association representative shall be entitled to any additional compensation or premium pay for any time spent in preparing or processing grievances. No grievances shall be processed during periods of overtime.

The employee or the Association shall pay for the time and expenses of their (its) representatives and witnesses through all stages of the grievance procedure.

Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be permitted to be present without loss of compensation during hearings on grievances.

Time limits set forth herein for processing of the grievance procedure are of the essence of this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the employee and/or Association and the supervisor conducting a hearing.

Any grievance not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given. In the event the grievance is not answered by the City within the time limits set forth herein, the employee may and/or the Association on behalf of the employee may take the grievance to the next higher step in the grievance procedure within the time limits provided.

No resolution of any grievance shall be contrary to the provisions of this Memorandum of UnderstandingMOU.

An Association employee shall not be penalized if he/she erroneously files a grievance rather than an appeal or vice versa under City of Newark Ordinance No.

77.10, Section 8, RIGHT OF APPEAL. At such time as the employee is notified in writing that the wrong procedure has been utilized, the employee shall refile the action as a grievance or appeal within five (5) calendar days of the date of notification of erroneous filing.
28 Grievances shall be processed in the following manner:

A. Within ten (10) calendar days of the occurrence of the matter on which a grievance is based, the employee and/or Association representative shall discuss the grievance in a meeting with the immediate supervisor of the employee involved.

B. If after such discussion the employee and/or the Association does not believe the problem has been satisfactorily resolved, he/she/itthey shall have the right, within ten
B. (10) calendar days of the occurrence of the matter to file a formal written grievance of the personnel action with the employee’s immediate supervisor.

C. Within ten (10) calendar days of receipt of the notice of formal written grievance, the immediate supervisor shall provide their decision in writing to the employee and/or Association representative.

D. Within ten (10) calendar days of the receipt of the decision from the employee’s immediate supervisor, the employee and/or the Association may appeal the grievance by presenting a formal written appeal on the grievance to the Chief of Police.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the Chief of Police shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the decision of the Chief of Police, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or their designated representative within ten (10) calendar days of receipt of the appeal shall make a thorough review of the grievance, meet with the Police Chief and the parties involved to attempt to resolve the grievance and, if necessary, thereafter provide a written decision to the employee and/or employee association within ten (10) calendar days of the meeting date.

G. Within ten (10) calendar days of receipt of the decision of the City Manager, the employee and/or employee association may demand in writing to the City Manager that a formal appeal of the grievance be submitted to an independent fact-finder from a list of three qualified fact- finders submitted to the City by the American Arbitration Association.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finderfactfinder.

2. The City and the employee and/or Association shall share equally the fees and expenses of the fact-finderfactfinder as well as the cost of making a record of the fact-finder. Each party shall bear their attorney’s fees. 29 3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the employee’s union or association.

5. If either of the parties does not accept the decision of the fact-finder, the party may appeal to a court of competent jurisdiction to hear the matter based on the transcript of evidence submitted to the fact- finder and conclusions of the fact-finderfactfinder.

XXI. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES INTERNAL

REVENUE CODE
A. Pick-up of Employee Contributions

1. Pursuant to the provisions of this Agreement, the City shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the City in lieu of employee contributions.

2. Employee contributions made under paragraph 1 shall be paid from the same source of funds as used in paying the wages to affected employees.

3. Employee contributions made by the City under paragraph 1 shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.

4. The employee does not have the option to receive the City's contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

B. Wage Adjustment
Notwithstanding any provision in the current agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the City pursuant to the provisions hereof.

C. Limitations to Operability
Section XXI. shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code. 30 XXII. MANAGEMENT RIGHTS
The exercise by the City through its City Council and management representatives of its rights here under shall not in any way be directly or indirectly subject to the grievance procedure herein, except for specific provisions addressed in other clauses of this Memorandum of UnderstandingMOU.

The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, provided that this clause shall not supersede any other provisions of this Memorandum of UnderstandingMOU.

The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not expressed in provisions of this MemorandumMOU; and such decision-making shall not be in any way, directly or indirectly, subject to the grievance procedure contained herein.

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this Memorandum of UnderstandingMOU, to direct its employees to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the method, means and personnel by which the City services are to be provided, including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community.
31 ATTACHMENT A

PAY PLAN
This Newark Police Management Association Pay Plan applies to all employees.

I. POLICY
The City’s policy for employee salaries is to establish and maintain a general salary structure based on marketplace norms and internal job alignment, which provides flexibility to reward personnel based on performance. Structures and ranges will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Individual salary adjustments will be considered by the City Manager based on (1) performance factors and overall contribution to management of the City; (2) pay structure adjustments; and (3) City’s financial condition.

II. ADMINISTRATION
The City Manager shall be accountable to the City Council for the overall administration of the Newark Police Management Association Pay Plan and will report on such administration annually or more often, as requested. The Police Chief is responsible for recommending to the City Manager salary adjustments for employees who are covered by the Plan.

The City Council shall consider the necessary adjustment of employee salary ranges annually. In determining plan adjustments, the City Council shall consider such matters as changes in the cost of living, other salary changes such as those arrived at through negotiations with recognized employee groups, compression between this employee group and subordinate class ranges and the competitive position of the City in recruitment and retention of personnel.

The overall salary structure, supporting administrative policies, and assignment of classifications to salary ranges will be reviewed annually by the City Manager with appropriate reporting to the City Council relative to the status of the program.

III. BASIC PLAN ELEMENTS
A. Structure. The Newark Police Management Association Pay Plan consists of four (4) salary ranges. There shall be no specific or predetermined “steps” within the range thus allowing the flexibility of adjustment to recognize varying levels of performance. All classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

Effective July 1, 2022, the minimum of each range will be adjusted to be 20% below the top of the range
32 B. Performance Appraisal. All employees shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date or as described in Administrative Regulation 0510. All individual salary adjustments shall be based on performance. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The Chief of Police Chief will make a recommendation based on the employee’s performance appraisal for any salary adjustments to the City Manager.

Eligibility for merit increases will resume at the start of the term of the MOU.

Performance evaluations are expected to occur in July and August of 2022, with merit increases to occur approximately in September 2022, and annually thereafter.

C. Adjustments based on Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression. The City Manager may grant an upward adjustment in an individual’s salary in any amount up to an amount equal to the adjustment in the salary range or the City Manager may maintain an individual salary at present level. An adjustment of individual salaries is not required by a change in the salary range to which the position is assigned except to maintain the minimum salary for the range.

D. Meritorious Performance Adjustment. An employee shall be eligible to receive one merit increase per twelve-month period if the employee’s performance is beyond a satisfactory level. A meritorious performance adjustment would be in addition to any adjustment based on range movement. For each fiscal year during the term of this MOU, such an increase shall be up to five percent (5%), the exact percentage being determined by the City Manager based on an evaluation of the degree of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve (12) month period, but not more than once each six (6) months may be approved by the City Manager for the following reasons:

1. An employee’s salary is below the midpoint of the range and the employee has experienced substantial growth in their position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six (6) -month meritorious performance adjustment, the employee’s anniversary date will change pursuant to the Personnel Rules and Regulations.
33 E. Special Adjustment. The City Manager may authorize salary adjustments up to ten percent (10%) percent per fiscal year within the assigned salary range for the following reasons:

1. An employee’s performance consistently exceeds the scope and expectations of their classification as determined by the City Manager.

2. Competitive labor market conditions warrant an adjustment.

3. An employee’s overall contribution and value to the City as determined by the City Manager warrants an adjustment.

ATTACHMENT B SALARY

SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees Effective July 1, 2022 Grade Code Minimum Maximum RANGE 01 $ 5,885.70 $ 7,062.84 RANGE 02 $ 6,183.14 $ 7,419.77 RANGE 03 $ 6,491.40 $ 7,789.68 RANGE 04 $ 6,812.28 $ 8,174.74 RANGE 05 $ 7,154.78 $ 8,585.74 RANGE 06 $ 7,515.32 $ 9,018.38 RANGE 07 $ 7,888.47 $ 9,466.16 RANGE 08 $ 8,283.26 $ 9,939.91 RANGE 09 $ 8,696.06 $ 10,435.27 RANGE 10 $ 9,132.31 $ 10,958.77 Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual 107.44 8,595.20 223,475.20 128.94 10,315.20 268,195.20

92.78 7,422.40 192,982.40 111.33 8,906.40 231,566.4070.65 5,652.00 146,952.00 84.78 6,782.40 176,342.4081.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual 113.89 9,111.20 236,891.20 136.68 10,934.40 284,294.40

98.35 7,868.00 204,568.00 118.01 9,440.80 245,460.8073.12 5,849.60 152,089.60 87.75 7,020.00 182,520.0084.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60 Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual 119.58 9,566.40 248,726.40 143.51 11,480.80 298,500.80
103.27 8,261.60 214,801.60 123.91 9,912.80 257,732.80

75.68 6,054.40 157,414.40 90.82 7,265.60 188,905.60
Police Support Services Manager RANGE 17 87.62 7,009.60 182,249.60 105.12 8,409.60 218,649.60 Classification
Police Captain RANGE 22 - CAPPolice Lieutenant RANGE 19 - LTCommunity Engagement Manager RANGE 14

ATTACHMENT B
Salary Schedule Effective 7/01/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Police Lieutenant RANGE 19 - LTCommunity Engagement Manager RANGE 14Police Support Services Manager RANGE 17Police Support Services Manager RANGE 17

ATTACHMENT B
Salary Schedule Effective 7/01/2026
Classification
Police Captain RANGE 22 - CAP
Community Engagement Manager RANGE 14

ATTACHMENT B
Salary Schedule Effective 7/11/2025
Step 1 Step 2 Step 3 Step 4 Step 5
Classification
Police Captain RANGE 22 - CAP
Police Lieutenant RANGE 19 - LT
RANGE 11 $ 9,590.18 $ 11,508.22
RANGE 12 $ 10,069.70 $ 12,083.64 RANGE 13 $ 10,570.84 $ 12,685.01 RANGE 14 $ 11,099.02 $ 13,318.82 RANGE 15 $ 11,659.65 $ 13,991.58 RANGE 16 $ 12,238.30 $ 14,685.96 RANGE 17 $ 12,849.41 $ 15,419.29 RANGE 18 $ 13,494.76 $ 16,193.71 RANGE 19 $ 14,167.16 $ 17,000.59 RANGE 20 $ 14,875.61 $ 17,850.73 RANGE 21 $ 15,621.91 $ 18,746.29 RANGE 22 $ 16,406.07 $ 19,687.28 RANGE 23 $ 17,220.87 $ 20,665.04 RANGE 24 $ 18,084.35 $ 21,701.22 RANGE 25 $ 18,992.90 $ 22,791.48 RANGE 26 $ 19,939.30 $ 23,927.16 RANGE 27 $ 20,936.17 $ 25,123.40 RANGE 28 $ 21,978.11 $ 26,373.73 RANGE 29 $ 23,079.54 $ 27,695.45 RANGE 30 $ 24,233.25 $ 29,079.90 Monthly sSalaries listed for full-time non-sworn management employees are based on a forty (40) -hour workweek. Monthly sSalaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the forty (40)- hour workweek salary ranges. 36 ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 2023
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

Grade Code Minimum Maximum
RANGE 01 $ 6,062.27 $ 7,274.73
RANGE 02 $ 6,368.63 $ 7,642.36
RANGE 03 $ 6,686.14 $ 8,023.37
RANGE 04 $ 7,016.65 $ 8,419.98
RANGE 05 $ 7,369.42 $ 8,843.31
RANGE 06 $ 7,740.78 $ 9,288.93
RANGE 07 $ 8,125.12 $ 9,750.14
RANGE 08 $ 8,531.76 $ 10,238.11
RANGE 09 $ 8,956.94 $ 10,748.33
RANGE 10 $ 9,406.28 $ 11,287.53
RANGE 11 $ 9,877.89 $ 11,853.47
RANGE 12 $ 10,371.79 $ 12,446.15
RANGE 13 $ 10,887.97 $ 13,065.56
RANGE 14 $ 11,431.99 $ 13,718.38
RANGE 15 $ 12,009.44 $ 14,411.33
RANGE 16 $ 12,605.45 $ 15,126.54
RANGE 17 $ 13,234.89 $ 15,881.87
RANGE 18 $ 13,899.60 $ 16,679.52
RANGE 19 $ 14,592.17 $ 17,510.61
RANGE 20 $ 15,321.88 $ 18,386.25
RANGE 21 $ 16,090.57 $ 19,308.68
RANGE 22 $ 16,898.25 $ 20,277.90
RANGE 23 $ 17,737.50 $ 21,284.99
RANGE 24 $ 18,626.88 $ 22,352.26
RANGE 25 $ 19,562.69 $ 23,475.22
RANGE 26 $ 20,537.48 $ 24,644.97
RANGE 27 $ 21,564.26 $ 25,877.10
RANGE 28 $ 22,637.45 $ 27,164.94
RANGE 29 $ 23,771.93 $ 28,526.31
RANGE 30 $ 24,960.25 $ 29,952.30
37 ATTACHMENT B

SALARY SCHEDULE

COMPENSATION BASE FOR REGULAR FULL-TIME CLASSIFICATIONS Newark Police Management Association Employees
Effective July 1, 2024
Monthly salaries listed for full-time non-sworn management employees are based on a 40-hour workweek. Monthly salaries listed for full-time sworn management positions are based on designated shift schedules. Regular part-time non-sworn management employee salaries are prorated based on the 40-hour workweek salary ranges.

Grade Code Minimum Maximum
RANGE 01 $ 6,244.14 $ 7,492.97
RANGE 02 $ 6,559.69 $ 7,871.63
RANGE 03 $ 6,886.72 $ 8,264.07
RANGE 04 $ 7,227.15 $ 8,672.58
RANGE 05 $ 7,590.50 $ 9,108.61
RANGE 06 $ 7,973.00 $ 9,567.60
RANGE 07 $ 8,368.87 $ 10,042.64
RANGE 08 $ 8,787.71 $ 10,545.25
RANGE 09 $ 9,225.65 $ 11,070.78
RANGE 10 $ 9,688.47 $ 11,626.16
RANGE 11 $ 10,174.23 $ 12,209.07
RANGE 12 $ 10,682.94 $ 12,819.53
RANGE 13 $ 11,214.61 $ 13,457.53
RANGE 14 $ 11,774.95 $ 14,129.93
RANGE 15 $ 12,369.72 $ 14,843.67
RANGE 16 $ 12,983.61 $ 15,580.34
RANGE 17 $ 13,631.94 $ 16,358.33
RANGE 18 $ 14,316.59 $ 17,179.91
RANGE 19 $ 15,029.94 $ 18,035.93
RANGE 20 $ 15,781.54 $ 18,937.84
RANGE 21 $ 16,573.29 $ 19,887.94
RANGE 22 $ 17,405.20 $ 20,886.24
RANGE 23 $ 18,269.63 $ 21,923.54
RANGE 24 $ 19,185.69 $ 23,022.83
RANGE 25 $ 20,149.57 $ 24,179.48
RANGE 26 $ 21,153.60 $ 25,384.32
RANGE 27 $ 22,211.19 $ 26,653.41
RANGE 28 $ 23,316.57 $ 27,979.89
RANGE 29 $ 24,485.09 $ 29,382.10
RANGE 30 $ 25,709.06 $ 30,850.87
38 ATTACHMENT C

GENERAL LEAVE PLAN
I. DEFINITION
General Leave is compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation.

Management Leave shall remain separate from General Leave.

II. APPLICABILITY
The General Leave Plan shall apply to regular full-time employees. Regular parttime employees shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an employee with one (1) year of City service who works thirty-five (35) hours per week will receive one hundred sixtyone (161) hours of general leave per year. An employee with one (1) year of City service who works twenty-four (24) hours per week will receive one hundred ten and four tenths (110.4) hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a 20 or 30 hour workweek will be reimbursed to employees on a quarterly basis until the process is automated.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

Years of RFT
Completed Service Leave Accrual
1 through 9 184 hours
10 through 14 224 hours
15 through 19 240 hours
20 or more 264 hours
B. General Leave shall be accrued in hours on a semi-monthly basis. 39 C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the ninetieth (90th)th day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full-time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of seven and sixty-six hundredths (7.66) working hours, semi- monthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of
Completed Service Maximum Accrual
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the ninetieth (90th) th day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of
Completed Service
20-25 hour
Leave Accrual
30-35 hour
Leave Accrual
1 through 9 92-115 hours 138-161 hours
10 through 14 112-140 hours 168-196 hours
15 through 19 120-150 hours 180-210 hours
20 or more 132-165 hours 198-231 hours
G. Maximum Accumulation: Regular Part-time employees may accumulate General Leave credits according to the following schedule:

Years of
Completed Service
20-25 hour
Maximum Accrual
30-35 hour
Maximum Accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
40 When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a quarterly.

Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

Effective August 2, 2025, the Rollover Leave banck will be eliminated.

Employees reaching the maximum amount of General Leave credits will immediately cease earning General Leave credits. General Leave credits remaining in the Rollover Leave Bank on August XX2, 2025 will be cashed out in the following pay period.

Exceptions to the maximum accrual limits may be approved by the City Manager under special circumstances. Requests to exceed maximum accrual limits must be submitted through the Chief of Police Chief to the City Manager prior to reaching maximum accrual.

IV. GENERAL LEAVE IMPLEMENTATIONLEAVE CREDITS TRANSITION Unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

B. Sick Leave Credits: All unused sick leave credits shall be maintained in a sick leave bank to be used in accordance with the provisions of the General Leave Plan. Accrued time in the sick leave bank shall not be compensated for in any manner except as used for sick leave or retirement service credit.

C. At time of conversion to General Leave, if vacation credits exceed General Leave accrual limit, a plan shall be developed to reduce converted vacation leave credits to the General Leave accrual limits within six (6) months. A longer period to reduce converted vacation leave credits may be approved by the City Manager under special circumstances.

V. GENERAL LEAVE USAGE
Request and Approval: The Police Chief is responsible for arranging leave schedules so that adequate personnel are available to carry on city work. The use of General Leave shall require approval of the Chief of Police Chief or their designee and shall be governed by the current Personnel Rules dealing with leaves unless specifically covered by this Plan document.

Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave. The procedure for requesting the use of General Leave shall be as follows:
41 A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior approval of the Police Chief, or the employee’s supervisor. The time and amount of General Leave to be taken for non- medical purposes shall be determined by the Police Chief with due regard for the wishes of the 42 employee and particular regard for the needs of the City.

B. General Leave (Medical): An unscheduled absence from work due to an employee’s illness shall be referred to as General Leave for medical reasons.

The Police Chief may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons. The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Police Cheif Chief shall make the determination and final approval of unscheduled General Leave for medical reasons.

C. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, etc.) by notifying their supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by their supervisor.

Final approval for an unanticipated, unscheduled absence shall require Police Chief approval. Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

E. Medical examination by the City’s examining physician may be requested by the Police Chief after prolonged, serious, or repetitious illness, injury, or major surgery. An employee’s return to duty following illness or injury is subject to the approval of the Police Chief or City Manager based upon medical information supplied by the employee’s physician and/or the City’s physician.

F. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers’ Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to make up the difference between the employee’s regular pay and the amount payable to the employee as temporary disability payments from the Workers’ Compensation Insurance Plan of the City.

G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement. 43 H. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account.

Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, may use unused sick leave balances for absences due to further illness or injury prior to using further General Leave.

2. Upon approval of the City Manager, an employee whose absence is due to illness or injury for more than five (5) consecutive workdays for any one occurrence may use unused sick leave balances for absences due to further illness or injury for that particular medical condition prior to further using General Leave.

3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use of unused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee’s General Leave usage.
44 VI. GENERAL LEAVE CONVERSION TO PAY OR SICK LEAVE
A. Buy-Back: A regular full-time employee may request to receive pay, or elect equivalent deferral into one of the City sponsored deferred compensation plans within IRS limitations, for up to a total of eighty one hundred sixty (8160) hours of General Leave per fiscal calendar year ([forty eighty (480) to fifty hundred (5100) hours for twenty (20) to twenty-five (25) hour employees; sixty one hundred twenty (6120) to seventyone hundred forty (7140) hours for thirty (30) to thirty-five (35) hour employees]) in hourly increments at the current hourly salary rate. To be eligible for General Leave conversion to cash, an employee must have a minimum of 10 days (80 hours for full-time or prorated for RPT) of General Leave credits remaining after the conversion. Requests for General Leave buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15 or may be deferred into one of the City sponsored deferred compensation plans within IRS limitations.

For calendar year 2022 only, the total amount of general leave allowed for conversion will be increased one time to 120 hours for regular full-time employees.

For calendar year 2022, 2023 and 2024, for the positions of Police Lieutenant and Police Captain only, the total amount of general leave allowed for conversion will be increased to a total of 160 hours for each calendar year. Effective January 1, 2025 the amount of general leave allowed for conversion will revert to 80 hours per year.

Effective November 2022 –
B. By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year to be paid the first pay period each October, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
 For regular full-time employees: the employee may cash out up to 80 hours of general leave.
 Employees must have a minimum of ten (10) days
[eighty (80) hours for full-time or prorated for part-time) remaining in general leave accruals at the time of cash out.
 Employees must submit their General Leave Buy-Back
Request Form to Payroll by December 1. This is an
irrevocable election by the employee.

For example, to buy back general leave that is accrued in calendar year 2023, a full-time employee must elect by December 1, 2022, the amount of hours they want to buy-back. Employees must further ensure they will have at least ten (10) days of general leave accruals remaining at the time of the buy-back which will occur in December 2023. The buy-back will be paid out in the last full pay period of December 2023, which is December 29, 2023.
45 The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the general leave buy-back program. It is the 46 employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the general leave buy-back program.

VII. GENERAL LEAVE AT TERMINATION
A. An eligible employee whose employment with the City terminates shall be paid for any unused General Leave. Payment for unused General Leave shall be made at the hourly rate of pay in effect for such employee at the time of separation.

B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employee and filed with the Human Resources OfficeDepartment. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

VIII. HOLIDAYS DURING GENERAL LEAVE
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking General Leave, such employee shall not be charged as using General Leave for that day. The employee’s compensation for that day shall be holiday pay.

CITY OF NEWARK, CALIFORNIA
To: Newark Police Management Association (NPMA) Executive Board From: Jennifer Solito, Human Resources Director
Date: December 7, 2022
This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPA) July 1, 2022 - June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address potential staffing needs related to the Selected Traffic Enforcement Program grant received by the Califomia Office of Traffic Safety, which the City Council approved receipt of on September 22, 2022.

The City and Association have met and conferred and agreed to the following amendments below related to provisions allowing Lieutenants to perform work and be compensated for work related to the grant.

The City and NPMA agree to the following amendments to the MOU with revisions in redline:

Section IV of MOU:

IV. COMPENSATION
B. OVERTIME PAY
The following provision only applies to activities funded with the grant(s) received by the Office of Traffic Safety (OTSL with a term of October 1. 2022 to September 30. 2023 (Contract Number PT23054).

In the event of a shortage of personnel to fulfill the specified OTS grant funded events and if flexible scheduling is not operationally practical, the Police Chief or designee may require employees who hold tt rank of Lieutenant to perform work required by the OTS grant that is outside of their regular duties and outside of their regular schedule. Such work shall be compensated at time and one-half of the base pay rate for top step Sergeant, and shall be designated as OTS overtime.

For overtime compensation to apply, the event must deviate from normal Lieutenant duties and be an 01 grant funded activity which is fully reimbursable through the OTS grant to the City. In no event will a Lieutenant perform more than 24 hours of work per month under this provision.

For employees to be eligible to participate in OTS grant funded events on overtime, the event must first t offered to all eligible personnel of the rank of Sergeant and Officer. When it is determined by the Police Chief or designee that there is inadequate staffing to accomplish the event. the overtime can at that point be required of Lieutenants at the Police Chief's discretion. In no way will this overtime agreement be use to supplfill!_overtime opportunities for staff of the rank of Sergeant or Officer. The City makes no overtimi guarantee for Lieutenants assigned to an applicable event, as flexible staffing is the preferred method of staffing events whenever practical. A member of the rank of Sergeant or Officer may replace a Lieutenant at any time up to the start of the event.

Dated: _
For the City of Newark: For the Newark Police Management Association:

David J. Benoun, City Manager Jonathan Arguello, President ©
DocuSign Envelope ID: E5DE6036-24EF-4047-9766-ECC9BCFFC552

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To: Newark Police Management Association Executive Board From: David Benoun; City Manager
Lenka Hovorka, Assistant City Manager
Date: October 25, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPMA) July 1, 2022 - June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address salary of the classification of Community Engagement Manager. This side letter will become effective upon approval by the City Council.

The proposed change to the above referenced MOU is the following:

1. Repeal and replace Range "10" in Section IV. COMPENSATION with Range "12" for the classification of Community Engagement Manager.

Dated: ll/21/2023
For the City of Newark: For the Newark Police Management Association Employees:
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David J. Benoun, City Manager
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Jonathan Arguello, President

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DocuSign Envelope ID: 6324ED80-C322-459F-8C1E-DDF86916E639 ICity of Newark
NEWARK
california
City Manager's Office
37101 Newark Boulevard
Newark, CA 94560
To: Newark Police Management Association Executive Board From: David Benoun, City Manager
Lenka Hovorka, Assistant City Manager
Date: December 5, 2023
This will serve as a side letter to the City of Newark (City) and the Newark Police Management Association (NPMA) July 1, 2022- June 30, 2025 Memorandum of Understanding (MOU). The purpose of this side letter is to address potential staffing needs related to the Selected Traffic Enforcement Program grant received by the California Office of Traffic Safety, which the City Council approved receipt of at the September 28, 2023 Council Meeting.

The City and NPMA have met and conferred and agreed to the following amendments below related to provisions allowing Lieutenants to perform work and be compensated for work related to the grant.

The City and NPMA agree to the following amendments to the MOU with revisions in redline:

Section IV of MOU:

IV. COMPENSATION
B. OVERTIME PAY
The following provision only applies to activities funded with the grant(s) received by the Office of Traffic Safety (OTS), with a term of October 1, 2021, to September 30, 202J (Contract Number PT23054 PT24129).

In the event of a shortage of personnel to fulfill the specified OTS grant funded events and if flexible scheduling is not operationally practical, the Police Chief or designee may require employees who hold the rank of Lieutenant to perform work required by the OTS grant that is outside of their regular duties and outside of their regular schedule. Such work shall be compensated at time and one-half of the base pay rate for top step Sergeant and shall be designated as OTS overtime. © 510.578.4200 © [email protected]

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0 DocuSign Envelope ID: 6324ED8D-C322-459F-8C1E-DDF86916E639 For overtime compensation to apply, the event must deviate from normal Lieutenant duties and be an OT grant funded activity which is fully reimbursable through the OTS grant to the City. In no event will a Lieutenant perform more than 24 hours of work per month under this provision.

For employees to be eligible to participate in OTS grant funded events on overtime, the event must first be offered to all eligible personnel of the rank of Sergeant and Officer. When it is determined by the Police Chief or designee that there is inadequate staffing to accomplish the event, the overtime can at that point be required of Lieutenants at the Police Chief's discretion. In no way will this overtime agreement be used to supplant overtime opportunities for staff of the rank of Sergeant or Officer. The City makes no overtime guarantee for Lieutenants assigned to an applicable event, as flexible staffing is the preferred method of staffing events whenever practical. A member of the rank of Sergeant or Officer may replace a Lieutenant at any time up to the start of the event.

Dated: 1/17/2024
For the City of Newark: For the Newark Police Management Association:
[£""'"'""'"" 2
David Benoun, City Manager
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Jonathan Arguello, President
City of l\lewarl< - City Manager's Office
Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Accountant 54.64 4,371.20 113,651.20 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.25 5,060.00 131,560.00 66.42 5,313.60 138,153.60 Accounting Assistant I 38.05 3,044.00 79,144.00 39.96 3,196.80 83,116.80 41.95 3,356.00 87,256.00 44.05 3,524.00 91,624.00 46.26 3,700.80 96,220.80 Accounting Assistant II 41.84 3,347.20 87,027.20 43.93 3,514.40 91,374.40 46.12 3,689.60 95,929.60 48.43 3,874.40 100,734.40 50.86 4,068.80 105,788.80 Accounting Technician I 44.27 3,541.60 92,081.60 46.49 3,719.20 96,699.20 48.81 3,904.80 101,524.80 51.25 4,100.00 106,600.00 53.81 4,304.80 111,924.80 Accounting Technician II 48.70 3,896.00 101,296.00 51.14 4,091.20 106,371.20 53.70 4,296.00 111,696.00 56.38 4,510.40 117,270.40 59.20 4,736.00 123,136.00 Administrative Assistant 44.15 3,532.00 91,832.00 46.35 3,708.00 96,408.00 48.67 3,893.60 101,233.60 51.11 4,088.80 106,308.80 53.66 4,292.80 111,612.80 Administrative Support Specialist I 34.48 2,758.40 71,718.40 36.20 2,896.00 75,296.00 38.01 3,040.80 79,060.80 39.92 3,193.60 83,033.60 41.90 3,352.00 87,152.00 Administrative Support Specialist II 37.63 3,010.40 78,270.40 39.51 3,160.80 82,180.80 41.49 3,319.20 86,299.20 43.56 3,484.80 90,604.80 45.74 3,659.20 95,139.20 Animal Control Officer 42.90 3,432.00 89,232.00 45.05 3,604.00 93,704.00 47.30 3,784.00 98,384.00 49.67 3,973.60 103,313.60 52.15 4,172.00 108,472.00 Assistant City Manager 126.92 10,153.60 263,993.60 152.31 12,184.80 316,804.80 Assistant Engineer-Civil 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.26 5,060.80 131,580.80 66.41 5,312.80 138,132.80 69.74 5,579.20 145,059.20 Assistant Maintenance Superintendent 70.65 5,652.00 146,952.00 84.78 6,782.40 176,342.40 Assistant Planner 51.64 4,131.20 107,411.20 54.22 4,337.60 112,777.60 56.93 4,554.40 118,414.40 59.77 4,781.60 124,321.60 62.76 5,020.80 130,540.80 Assistant to the City Manager 67.29 5,383.20 139,963.20 80.75 6,460.00 167,960.00 Associate Civil Engineer 66.44 5,315.20 138,195.20 69.75 5,580.00 145,080.00 73.24 5,859.20 152,339.20 76.90 6,152.00 159,952.00 80.75 6,460.00 167,960.00 Associate Planner 59.10 4,728.00 122,928.00 62.07 4,965.60 129,105.60 65.17 5,213.60 135,553.60 68.42 5,473.60 142,313.60 71.84 5,747.20 149,427.20 Building Inspector I 56.07 4,485.60 116,625.60 58.87 4,709.60 122,449.60 61.82 4,945.60 128,585.60 64.91 5,192.80 135,012.80 68.15 5,452.00 141,752.00 Building Inspector II 58.87 4,709.60 122,449.60 61.82 4,945.60 128,585.60 64.91 5,192.80 135,012.80 68.15 5,452.00 141,752.00 71.56 5,724.80 148,844.80 Building Maintenance Mechanic I 42.01 3,360.80 87,380.80 44.13 3,530.40 91,790.40 46.32 3,705.60 96,345.60 48.65 3,892.00 101,192.00 51.08 4,086.40 106,246.40 Building Maintenance Mechanic II 46.28 3,702.40 96,262.40 48.59 3,887.20 101,067.20 51.03 4,082.40 106,142.40 53.59 4,287.20 111,467.20 56.25 4,500.00 117,000.00 Chief Building Official 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Chief Information Officer/Information Technology Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Child Care Instructor 28.15 2,252.00 58,552.00 29.58 2,366.40 61,526.40 31.06 2,484.80 64,604.80 32.61 2,608.80 67,828.80 34.27 2,741.60 71,281.60 City Clerk 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 City Engineer 99.44 7,955.20 206,835.20 119.33 9,546.40 248,206.40 City Manager 175.45 14,036.00 364,936.00
Communications and Public Engagement Manager 77.91 6,232.80 162,052.80 93.49 7,479.20 194,459.20 Community Development Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Community Engagement Manager 70.65 5,652.00 146,952.00 84.78 6,782.40 176,342.40 Community Preservation Manager 77.91 6,232.80 162,052.80 93.49 7,479.20 194,459.20 Community Preservation Specialist 46.75 3,740.00 97,240.00 49.09 3,927.20 102,107.20 51.54 4,123.20 107,203.20 54.12 4,329.60 112,569.60 56.83 4,546.40 118,206.40 Community Service Officer 43.39 3,471.20 90,251.20 45.55 3,644.00 94,744.00 47.83 3,826.40 99,486.40 50.22 4,017.60 104,457.60 52.74 4,219.20 109,699.20 Crime Analyst 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.26 5,060.80 131,580.80 66.41 5,312.80 138,132.80 69.74 5,579.20 145,059.20 Deputy Community Development Director 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Deputy Economic Development Director 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Deputy Finance Director 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Engineering Technician I 48.39 3,871.20 100,651.20 50.81 4,064.80 105,684.80 53.35 4,268.00 110,968.00 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Engineering Technician II 51.82 4,145.60 107,785.60 54.19 4,335.20 112,715.20 56.68 4,534.40 117,894.40 59.29 4,743.20 123,323.20 62.04 4,963.20 129,043.20 Environmental Services Manager 77.91 6,232.80 162,052.80 93.49 7,479.20 194,459.20 Equipment Mechanic I 43.20 3,456.00 89,856.00 45.34 3,627.20 94,307.20 47.63 3,810.40 99,070.40 50.00 4,000.00 104,000.00 52.51 4,200.80 109,220.80 Equipment Mechanic II 47.56 3,804.80 98,924.80 49.93 3,994.40 103,854.40 52.44 4,195.20 109,075.20 55.06 4,404.80 114,524.80 57.79 4,623.20 120,203.20 Executive Assistant 49.07 3,925.60 102,065.60 51.52 4,121.60 107,161.60 54.10 4,328.00 112,528.00 56.80 4,544.00 118,144.00 59.64 4,771.20 124,051.20 Facilities Supervisor 63.84 5,107.20 132,787.20 67.03 5,362.40 139,422.40 70.39 5,631.20 146,411.20 73.90 5,912.00 153,712.00 77.59 6,207.20 161,387.20 Finance Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 General Laborer 31.40 2,512.00 65,312.00 32.98 2,638.40 68,598.40 34.63 2,770.40 72,030.40 36.37 2,909.60 75,649.60 38.18 3,054.40 79,414.40 Housing Policies and Programs Manager 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Human Resources Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Human Resources Technician 45.08 3,606.40 93,766.40 47.34 3,787.20 98,467.20 49.70 3,976.00 103,376.00 52.19 4,175.20 108,555.20 54.80 4,384.00 113,984.00 Information Technology Analyst 60.27 4,821.60 125,361.60 63.27 5,061.60 131,601.60 66.45 5,316.00 138,216.00 69.76 5,580.80 145,100.80 73.25 5,860.00 152,360.00 Range 24
Range 21
Range 16
Range 24
Range 14
Range 16
Range 20
Range 20
Range 20
Range 16
Range 24
Range 17
Range 17

CITY OF NEWARK
Salary Schedule Effective 7/11/2025
Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Range 26
Range 14
Range 13
Range 20
Range 24
Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Information Technology Technician I 44.17 3,533.60 91,873.60 46.36 3,708.80 96,428.80 48.67 3,893.60 101,233.60 51.12 4,089.60 106,329.60 53.67 4,293.60 111,633.60 Information Technology Technician II 49.47 3,957.60 102,897.60 51.95 4,156.00 108,056.00 54.53 4,362.40 113,422.40 57.25 4,580.00 119,080.00 60.13 4,810.40 125,070.40 Junior Engineer-Civil 49.57 3,965.60 103,105.60 52.05 4,164.00 108,264.00 54.65 4,372.00 113,672.00 57.39 4,591.20 119,371.20 60.26 4,820.80 125,340.80 Landscape & Parks Maintenance Worker I 39.25 3,140.00 81,640.00 41.20 3,296.00 85,696.00 43.27 3,461.60 90,001.60 45.43 3,634.40 94,494.40 47.72 3,817.60 99,257.60 Landscape & Parks Maintenance Worker II 43.22 3,457.60 89,897.60 45.39 3,631.20 94,411.20 47.65 3,812.00 99,112.00 50.03 4,002.40 104,062.40 52.53 4,202.40 109,262.40 Landscape Inspector 40.33 3,226.40 83,886.40 42.34 3,387.20 88,067.20 44.46 3,556.80 92,476.80 46.68 3,734.40 97,094.40 49.00 3,920.00 101,920.00 Lead Childcare Instructor 32.40 2,592.00 67,392.00 34.01 2,720.80 70,740.80 35.73 2,858.40 74,318.40 37.52 3,001.60 78,041.60 39.42 3,153.60 81,993.60 Maintenance Superintendent 85.90 6,872.00 178,672.00 103.07 8,245.60 214,385.60 Maintenance Supervisor 63.84 5,107.20 132,787.20 67.03 5,362.40 139,422.40 70.39 5,631.20 146,411.20 73.90 5,912.00 153,712.00 77.59 6,207.20 161,387.20 Management Analyst I 51.64 4,131.20 107,411.20 54.23 4,338.40 112,798.40 56.93 4,554.40 118,414.40 59.78 4,782.40 124,342.40 62.76 5,020.80 130,540.80 Management Analyst II 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.26 5,060.80 131,580.80 66.42 5,313.60 138,153.60 69.74 5,579.20 145,059.20 Permit Technician 43.88 3,510.40 91,270.40 46.07 3,685.60 95,825.60 48.37 3,869.60 100,609.60 50.79 4,063.20 105,643.20 53.33 4,266.40 110,926.40 Police Captain 107.44 8,595.20 223,475.20 128.94 10,315.20 268,195.20 Police Chief 124.39 9,951.00 258,726.00 149.27 11,941.20 310,471.20 Police Lieutenant 92.78 7,422.40 192,982.40 111.33 8,906.40 231,566.40 Police Officer 63.11 5,048.80 131,268.80 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 Police Records Supervisor 48.39 3,871.20 100,651.20 50.80 4,064.00 105,664.00 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Police Sergeant 76.54 6,123.20 159,203.20 80.37 6,429.60 167,169.60 84.38 6,750.40 175,510.40 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 Police Support Services Manager 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Principal Civil Engineer 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Principal Planner 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Property and Evidence Technician 41.85 3,348.00 87,048.00 43.94 3,515.20 91,395.20 46.13 3,690.40 95,950.40 48.45 3,876.00 100,776.00 50.87 4,069.60 105,809.60 Public Safety Clerk 40.83 3,266.40 84,926.40 42.87 3,429.60 89,169.60 45.01 3,600.80 93,620.80 47.26 3,780.80 98,300.80 49.63 3,970.40 103,230.40 Public Safety Dispatch Supervisor 57.90 4,632.00 120,432.00 60.79 4,863.20 126,443.20 63.83 5,106.40 132,766.40 67.01 5,360.80 139,380.80 70.37 5,629.60 146,369.60 Public Safety Dispatcher 50.09 4,007.20 104,187.20 52.60 4,208.00 109,408.00 55.22 4,417.60 114,857.60 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 Public Works Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Public Works Inspector 58.88 4,710.40 122,470.40 61.83 4,946.40 128,606.40 64.92 5,193.60 135,033.60 68.16 5,452.80 141,772.80 71.57 5,725.60 148,865.60 Recreation and Community Services Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Recreation and Community Services Supervisor I 57.39 4,591.20 119,371.20 60.26 4,820.80 125,340.80 63.26 5,060.80 131,580.80 66.44 5,315.20 138,195.20 69.75 5,580.00 145,080.00 Recreation and Community Services Supervisor II 63.27 5,061.60 131,601.60 66.45 5,316.00 138,216.00 69.76 5,580.80 145,100.80 73.25 5,860.00 152,360.00 76.91 6,152.80 159,972.80 Recreation Coordinator 45.18 3,614.40 93,974.40 47.43 3,794.40 98,654.40 49.81 3,984.80 103,604.80 52.30 4,184.00 108,784.00 54.91 4,392.80 114,212.80 Red Light Photo Enforcement Technician 41.63 3,330.40 86,590.40 43.71 3,496.80 90,916.80 45.90 3,672.00 95,472.00 48.19 3,855.20 100,235.20 50.61 4,048.80 105,268.80 Senior Accountant 63.27 5,061.60 131,601.60 66.45 5,316.00 138,216.00 69.76 5,580.80 145,100.80 73.25 5,860.00 152,360.00 76.91 6,152.80 159,972.80 Senior Administrative Support Specialist 41.40 3,312.00 86,112.00 43.47 3,477.60 90,417.60 45.65 3,652.00 94,952.00 47.93 3,834.40 99,694.40 50.33 4,026.40 104,686.40 Senior Building Inspector 61.52 4,921.60 127,961.60 64.59 5,167.20 134,347.20 67.82 5,425.60 141,065.60 71.21 5,696.80 148,116.80 74.78 5,982.40 155,542.40 Senior Building Maintenance Mechanic 50.97 4,077.60 106,017.60 53.52 4,281.60 111,321.60 56.18 4,494.40 116,854.40 59.01 4,720.80 122,740.80 61.94 4,955.20 128,835.20 Senior Civil Engineer 78.40 6,272.00 163,072.00 82.32 6,585.60 171,225.60 86.44 6,915.20 179,795.20 90.77 7,261.60 188,801.60 95.28 7,622.40 198,182.40 Senior Equipment Mechanic 52.36 4,188.80 108,908.80 54.97 4,397.60 114,337.60 57.72 4,617.60 120,057.60 60.62 4,849.60 126,089.60 63.65 5,092.00 132,392.00 Senior Information Technology Analyst 66.44 5,315.20 138,195.20 69.75 5,580.00 145,080.00 73.24 5,859.20 152,339.20 76.90 6,152.00 159,952.00 80.75 6,460.00 167,960.00 Senior Landscape & Parks Maintenance Worker 47.59 3,807.20 98,987.20 49.97 3,997.60 103,937.60 52.48 4,198.40 109,158.40 55.09 4,407.20 114,587.20 57.84 4,627.20 120,307.20 Senior Landscape Inspector 47.59 3,807.20 98,987.20 49.97 3,997.60 103,937.60 52.48 4,198.40 109,158.40 55.09 4,407.20 114,587.20 57.84 4,627.20 120,307.20 Senior Management Analyst 66.02 5,281.60 137,321.60 69.33 5,546.40 144,206.40 72.79 5,823.20 151,403.20 76.43 6,114.40 158,974.40 80.25 6,420.00 166,920.00 Senior Planner 68.42 5,473.60 142,313.60 71.84 5,747.20 149,427.20 75.43 6,034.40 156,894.40 79.21 6,336.80 164,756.80 83.17 6,653.60 172,993.60 Senior Street Maintenance Worker 47.60 3,808.00 99,008.00 49.98 3,998.40 103,958.40 52.48 4,198.40 109,158.40 55.10 4,408.00 114,608.00 57.86 4,628.80 120,348.80 Strategic Initiatives Manager 85.90 6,872.00 178,672.00 103.07 8,245.60 214,385.60 Street Maintenance Worker I 39.25 3,140.00 81,640.00 41.20 3,296.00 85,696.00 43.27 3,461.60 90,001.60 45.43 3,634.40 94,494.40 47.72 3,817.60 99,257.60 Street Maintenance Worker II 43.22 3,457.60 89,897.60 45.36 3,628.80 94,348.80 47.65 3,812.00 99,112.00 50.03 4,002.40 104,062.40 52.53 4,202.40 109,262.40 Urban Forest Supervisor 55.75 4,460.00 115,960.00 58.54 4,683.20 121,763.20 61.47 4,917.60 127,857.60 64.54 5,163.20 134,243.20 67.78 5,422.40 140,982.40 Vehicle Abatement Officer 34.29 2,743.20 71,323.20 35.99 2,879.20 74,859.20 37.80 3,024.00 78,624.00 39.70 3,176.00 82,576.00 41.67 3,333.60 86,673.60 Range 17
Range 24
Range 24
Range 18
Range 18
Range 22 - CAP
Range 26-CHIEF
Range 19- LT
Range 17
Range 17

CITY OF NEWARK
Salary Schedule Effective 7/11/2025
Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Item  D. 4.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT    Adopt a resolution approving a Side Letter of Agreement with the Newark Police Association (NPA) to align the reinstatement provision in the July 1, 2025 – June 30, 2028 Memorandum of Understanding (MOU) with the City’s Personnel Rules and Regulations
SUMMARY AND RECOMMENDATION
The current reinstatement provision in the Newark Police Association (NPA) Memorandum of Understanding (MOU) allows a one-year reinstatement window for full-time sworn personnel who separate from the City and return to service in the same classification. This differs from the City’s Personnel Rules and Regulations, which allow a two-year reinstatement period for reinstatement eligibility. To ensure consistency and equity in the administration of reinstatement provisions, staff recommends that the City Council approve a resolution authorizing a Side Letter of Agreement with the Newark Police Association to revise the MOU language to reflect a two-year reinstatement timeframe for all NPA classifications.

BACKGROUND
Reinstatement refers to the reemployment of a former City employee. Under the City's Personnel Rules and Regulations, an employee who resigned in good standing or separated due to a reduction in force may be eligible for reinstatement to their former position, if vacant, or to another vacant position within a classification where they previously held permanent status. Such reinstatement requires the approval of the Human Resources Director.

Employees reinstated under this provision are entitled to resume vacation accrual at the rate corresponding to their total years of service as of the date of separation, restoration of any unused sick leave balance on record at the time of separation, placement at the same salary step held at the time of separation, and reinstatement of cumulative service credit up to the date of separation. Time spent in unpaid status does not count toward cumulative service credit. In most circumstances, any employee reemployed more than two years after separation shall have no vested interest in or be entitled to any benefits accrued during any previous employment with the City.

Currently, Section III(I) of the Newark Police Association (NPA) Memorandum of Understanding (MOU) defines reinstatement more narrowly than the City's Personnel Rules as a return to service within one year for sworn personnel who have successfully completed probation and voluntarily separated from employment. While the NPA MOU affords the reinstated employees the same rights and benefits as outlined in the Personnel Rules, it establishes a shorter reinstatement window.

This discrepancy between the MOU and Personnel Rules could lead to inconsistencies in application and interpretation across employee groups. As such, the City and NPA have worked together to align the MOU language with the City's broader policy to promote consistency, fairness, and clarity in the reinstatement practices.

DISCUSSION/ANALYSIS
To promote consistent administration of personnel rules and ensure fair and equitable treatment of employees, the Human Resources Department met with the NPA to discuss alignment of the MOU language with the City’s broader reinstatement definition.

The proposed Side Letter of Agreement formally revises Section III(I) of the NPA MOU to state that employees who return within two years of separation, rather than one, shall be considered reinstated, provided all other applicable requirements are met.

The revised language brings the MOU into alignment with existing City rules and practice and ensures consistent treatment of reinstatement rights across employee groups. This revision does not alter other negotiated rights or benefits in the current MOU.

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

REVIEW AND APPROVAL
Prepared by - Brittney Frye, 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 NPA Reinstatement
Side Letter NPA Reinstatement
NPA Memorandum of Understanding
Personnel Rules and Regulations
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF NEWARK AND THE NEWARK

POLICE ASSOCIATION
WHEREAS, the City of Newark and the Newark Police Association (NPA) entered into a Memorandum of Understanding (MOU) effective July 1, 2025, through June 30, 2028, governing wages, hours, and other terms and conditions of employment for employees represented by the NPA; and
WHEREAS, the City and NPA wish to promote consistency between the MOU and the City’s Personnel Rules and Regulations by aligning the definition of “reinstatement” across all employee groups; and
WHEREAS, the current MOU defines reinstatement for NPA members as returning to active service in the same classification within one year of separation, while the City’s Personnel Rules and Regulations provide a two-year reinstatement period; and WHEREAS, the City and the NPA have agreed to amend Subsection III(I) of the MOU to reflect the two-year reinstatement period to ensure clarity and uniform application of reinstatement provisions; and
WHEREAS, this change has been documented in a Side Letter of Agreement executed by the City Manager and the NPA President and will be effective upon City Council approval; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Side Letter of Agreement between the City of Newark and the Newark Police Association regarding the updated reinstatement provision is hereby approved.

BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to renew each aforementioned Contractual Services Agreement for up to two additional one-year terms upon mutual consent of the City and the selected consultant, subject to available funding.

BE IT FURTHER RESOLVED that the City Manager is authorized to implement the terms of the Side Letter and take such additional actions as necessary to effectuate the intent of this Resolution.
510.578.4267 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
Human Resources Department
37101 Newark Boulevard
Newark, CA 94560
To: Newark Police Association (NPA) Executive Board
From: Brittney Frye, Human Resources Director
David Benoun, City Manager
Subject: Side Letter of Agreement Between the City of Newark and the Newark Police Association Regarding Reinstatement Provisions
Date: July 7, 2025
This side letter of agreement is entered into by and between the City of Newark (“City”) and the Newark Police Association (“NPA”) to modify and clarify language within the Memorandum of Understanding (“MOU”) covering the term July 1, 2025, through June 30, 2028. The purpose of this Side Letter is to promote consistency with the City’s Personnel Rules and Regulations and to align the definition of reinstatement across all employee groups.

Background
Subsection III(I) of the MOU defines “Reinstatement” as follows:
“Reinstatement.” In addition to reinstatement status as explained in the Personnel Rules and Regulations, the term “reinstatement” for purposes of this MOU shall apply to full-time sworn personnel who separate from the City of Newark after successfully completing their probationary period, then return to active service in the same classification within one year of their separation date.”
To ensure uniformity in the application of reinstatement provisions across the City’s workforce, the City and NPA agree to amend the MOU to reflect the two-year reinstatement timeframe set forth in the City’s Personnel Rules and Regulations and to remove the term “sworn” for uniform application to all NPA classifications.

Agreement
The parties agree that Subsection III(I) of the MOU shall be amended to read as follows:
“Reinstatement.” In addition to reinstatement status as explained in the Personnel Rules and Regulations, the term “reinstatement” for purposes of this MOU shall apply to full-time personnel who separate from the City of Newark after successfully completing their probationary period, then return to active service in the same classification within two (2) years of their separation date.” City of Newark – Human Resources Department 2
This side letter will become effective upon approval by the City Council and shall remain in effect for the duration of the MOU.

Dated:

For the City of Newark: For the Newark Police Association:

David J. Benoun, City Manager Steven Losier, NPA President Resolution No.11758
Memorandum of Understanding
Between City
of Newark and
Newark Police Association
July 1, 2025
Through
June 30, 2028
Adopted
June 26, 2025
Resolution No.11758

TABLE OF CONTENTS
Section Page
I. Term 1
II. Representation 1
III. Definitions 1
IV. Labor Market 3
V. Salary Increase 3
VI. Health and Welfare Program 4
VII. Uniform Allowance 6
VIII. Vacation Leave 7
IX. Sick Leave 11
X. Personal Leave 14
XI. Other Leaves 15
XII. Holidays 17
XIII. Pay Upon Promotion 18
XIV. Certificate Incentive Pay 19
XV. Overtime 19
XVI. Minimum Court Time Pay 21
XVII. Detective On-Call Allowance 23
XVIII. Use of City Vehicles 23
XIX. Tuition Fees and Book Costs Reimbursement 23
XX. Retirement Benefits 25
XXI. Extension of Military Benefits 29
Section Page
XXII. Longevity Pay 30
XXIII. Special Assignment Pay 30
XXIV. Safety Training and Equipment 32
XXV. Per Diem Expense 33
XXVI. Grievance Procedure 33
XXVII. Work Schedules 35
XXVIII. Newark Police Association Release Time 38
XXIX. Authorized Representatives for the Purpose of Administering the Terms and Conditions of this Memorandum of Understanding 38 XXX. Carry Over Terms 39
XXXI. Management Rights 39
XXXII. Implementation of Section 414(h)(2) of the United States Internal Revenue Code 40
XXXIII. Full Understanding Modification and Waiver 40
XXXIV. Transfer 41
XXXV. Promotion 41
XXXVI. Nondiscrimination 41
XXXVII. Provision Regarding Americans with Disabilities Act 41 XXXVIII. Separability 42

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B. Salary Schedules
Resolution No.11758
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF NEWARK AND NEWARK POLICE ASSOCIATION
I. TERM
This agreement shall be in effect from July 1, 2025 through June 30, 2028.

II. REPRESENTATION
The City recognizes the Newark Police Association (NPA), hereinafter referred to as the "Association," as the majority representative for regular full-time employees in the sworn classifications and full-time and regular part-time non-sworn classifications listed in Attachment A, pursuant to Employer-Employee Relations Resolution No. 1833.

III. DEFINITIONS
For purposes of this Memorandum of Understanding, unless the context otherwise requires, the following definitions in this Agreement shall apply:

A. “Base Hourly Rate.” The term “base hourly rate” shall mean the hourly compensation rate for regular full-time and part-time classifications, excluding benefits.

B. "Employees". The term "employees" shall mean those regular full-time and regular part-time employees of the City of Newark occupying classifications represented by the Newark Police Association.

C. "Employer". The term "employer" shall mean the City of Newark.

D. "Employee Contributions." The term "employee contributions” shall mean those contributions to the PERS retirement system which are deducted from the salary of employees and credited to individual employees' accounts.

E. "Flexible Benefit Plan." The term "Flexible Benefit Plan" means a Plan established by the City of Newark pursuant to Section 125 of the Internal Revenue Code to allow employees to pay for medical and dental premiums as a before-tax conversion of salary.

F. "Non-sworn." The term "non-sworn" refers to those personnel occupying the classifications of Animal Control Officer, Community Service Officer, Public Safety Clerk, Police Record Supervisor, Public Safety Dispatcher, Public Safety Dispatch Supervisor, Vehicle Abatement 2 Officer, Property and Evidence Technician, and Red Light Photo Enforcement Technician.

G. "Sworn". The term "sworn" refers to personnel occupying classifications of Police Sergeant or Police Officer.

H. “Reinstatement.” In addition to reinstatement status as explained in the Personnel Rules and Regulations, the term “reinstatement” for purposes of this MOU shall apply to full-time sworn personnel who separate from the City of Newark after successfully completing their probationary period, then return to active service in the same classification within one year of their separation date.

I. "Retirement System." The term "retirement system" shall mean the PERS retirement system as made applicable to the City of Newark under the provisions of the Public Employees' Retirement Law (California Government Code Section 20000 et seq.).

J. “Regular Part-Time Employees.” The term “regular part-time employees” shall mean those employees of the City of Newark who are scheduled to work less than 40 hours per week but at least 20 hours per week on a year-round continuous basis occupying positions specifically authorized as “regular part-time”.

K. "Wages". The term "wages" shall mean the compensation paid to employees covered by this Agreement.

L. “Alternative Work Schedule” shall mean any schedule that differs from the five day, eight hours per day, 40-hour per week schedule.

M. “Four-Ten Work Schedule” shall mean a four-day, ten hours per day, 40 hours per week work schedule in a seven day work schedule.

N. “3/12 ½ Work Schedule” shall mean a work schedule for full-time Public Safety Dispatchers, and Public Safety Dispatch Supervisors, that equates to 40- hours per week in a 28-day work cycle. Typically, a Public Safety Dispatcher / Public Safety Dispatch Supervisor assigned to this work schedule will work three 12.5 hour days per week and one day of 10 hours within the City-designated 28-day work cycle.

O. “160-Hour Work Schedule” shall mean a work schedule for sworn personnel that equates to 40-hours per week in a 28-day work cycle.

Typically, a sworn employee assigned to this work schedule will work three 12.5 hour days per week and one day of 10 hours within the City-designated 28-day work cycle.

P. “28-Day Work Cycle” for sworn personnel means the Fair Labor 3 Standards Act work cycle of 28-continuous calendar days as established by the Payroll Office.

Q. “A Shift” means the scheduled work hours of 6:00 a.m. to 6:30 p.m.

R. “B Shift” means the scheduled work hours of 6:00 p.m. to 6:30 a.m.

S. “C Shift” means the scheduled work hours of 1:30 p.m. to 2:00 a.m.

IV. LABOR MARKET
The following agencies comprise the designated labor market for the purpose of total compensation survey comparisons: Foster City, Fremont, Hayward, Livermore, Menlo Park, Milpitas, Pleasanton, Redwood City, San Leandro, and Union City.

V. SALARY INCREASE
A. Total Compensation Data
For discussion purposes only, either party may prepare a total compensation survey that includes the following data points within the established labor market. All data gathered shall be based on currently available wages and benefits for new PEPRA employees:

1. Top step base salary.

2. That portion of the employee's PERS contribution that is paid by the employer (employee contributions to the employer’s PERS costs shall be reflected as a negative number).

3. The amount of the highest premium the employer will pay for family coverage of medical, dental, and vision premiums.

4. The maximum amount paid by the employer for educational achievements or POST certificates.

5. The maximum number of holiday hours or holiday pay provided by the employer.

B. General Salary Increase
The salary ranges for all classifications represented by the Association shall be increased as follows:

1. Effective July 1, 2025, the salary increase shall be four percent (4%).

2. Effective July 1, 2026, the salary increase shall be three and onehalf percent (3.5%).

3. Effective July 1, 2027, the salary increase shall be three and one- 4 half percent (3.5%).

C. One-time Supplemental First Responder Base Wage Adjustments On a one-time basis and during the term of this Agreement these identified classifications (Police Officer, Police Sergeant, Public Safety Dispatcher and Public Safety Dispatch Supervisor) shall receive the following supplemental increases in addition to the increase identified in the General Salary Increase section above:

1. Effective July 1, 2025, the supplemental salary increase shall be three percent (3.0%).

2. Effective July 1, 2026, salary increase shall be one and one-half percent (1.5%).

3. Effective July 1, 2027, salary increase shall be one and one-half percent (1.5%).

VI. HEALTH AND WELFARE PROGRAM
A. The contribution by the City toward monthly premiums for health and welfare programs of employees represented by the Association shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee. The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

B. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City-administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet and confer with the Association regarding the impact of such changes.

C. Effective for the 2025 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $466-$582
5 Employee + 1 Dependent: $931-$1,164
Employee+ 2 or more Dependents: $1,230-$1,537
Effective for the 2026 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $513-$641
Employee + 1 Dependent: $1,025-$1,281
Employee+ 2 or more Dependents: $1,353-$1,691
Effective for the 2027 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $539-$673
Employee + 1 Dependent: $1,076-$1,344
Employee+ 2 or more Dependents: $1,421-$1,776
Effective for the 2028 plan year, the City shall contribute to eligible NPA employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working 20-25 hours:

Employee Only: $566-$707
Employee + 1 Dependent: $1,130-$1,412
Employee+ 2 or more Dependents: $1,493-$1,866
D. Cash Back / Cash-in-Lieu of Benefits:

1. Cash-In-Lieu: Employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive $450 per month “cash-in-lieu” of benefits, which includes the PEMHCA minimum per section A above.
6 2. Cafeteria Plan Cash-Back: Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to $450 per month of any money not used for the purchase of employer offered benefits.

3. Any “cash-in-lieu” and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

4. For Regular Part-Time Employees working 30-35 hours the “cash-inlieu” and “cash back” amount will be $338-394. For Regular Part-Time Employees working 20-25 hours the “cash-in-lieu” and “cash back” amount will be $225-281.

E. City and Association agree that in the event of any additional federal or state mandates requiring employer contributions for health care coverage, the City and Association shall reopen the memorandum of understanding to meet and confer on the issue of health care premiums and its impact on total compensation.

F. The City shall provide to each bargaining unit member, at no cost to the bargaining unit member, a $50,000 life insurance policy.

G. Employees and their spouses or registered domestic partners and up to 2 children living in the same household, 18 years of age and under, may use the gym, exercise equipment and aquatics facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatics Center free of charge.

VII. UNIFORM ALLOWANCE
A. Police Officer, Police Sergeant, Community Service Officer, Animal Control Officer, and Vehicle Abatement Officer

1. Upon appointment to the classification of Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer, a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform and equipment up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of 12 months of continuous active employment or 7 upon reinstatement, Police Officers and Police Sergeants shall receive a monthly uniform allowance of $100.

3. Upon completion of 12 months of continuous active employment or upon reinstatement, Community Service Officers, Animal Control Officers, and Vehicle Abatement Officers shall receive a monthly uniform allowance of $100.

4. If the employment of a Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer is terminated before completion of the probationary period or 18 months of service, whichever is longer, uniforms and equipment purchased by the City through reimbursement pursuant to Provision VII.A.3.above shall be returned to the City.

B. Public Safety Dispatchers, Public Safety Dispatch Supervisors, Public Safety Clerks, Property and Evidence Technicians and Police Records Supervisors

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

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

VIII. VACATION LEAVE
A. Beginning on the 90th day of employment, regular full-time sworn employees shall be eligible to earn vacation leave. Upon completion of said period of service, regular full-time sworn employees shall be credited with 22.5 hours of vacation leave and shall thereafter accrue vacation leave at the rates provided in Section C below for sworn employees.

B. Beginning on the 90th day of employment, regular full-time non-sworn employees shall be eligible to earn vacation leave. Upon completion of 8 said period of service, regular full-time non-sworn employees shall be credited with 20 hours of vacation leave, and shall thereafter accrue vacation leave at the rate provided in Section C below for non-sworn employees.

C. Vacation leave entitlement for regular full-time employees following completion of 90 days of continuous service is listed below.

1. Eligible sworn employees who have served less than five (5) years with the City shall earn vacation entitlement at the rate of 7.5 hours per month.

2. Eligible non-sworn employees who have served less than five (5) years with the City shall earn vacation entitlement at the rate of 6.67 hours per month.

3. Eligible sworn and non-sworn employees during their fifth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of ten (10) hours per month.

4. Eligible sworn and non-sworn employees during their tenth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 13.34 hours per month.

5. Eligible sworn and non-sworn employees during their fifteenth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 14.667 hours per month.

6. Eligible sworn and non-sworn employees during their twentieth year of employment, and thereafter, with the City of Newark shall earn vacation entitlement at the rate of 16.67 hours per month.

D. Regular full-time employees who separate from City service after 90 days of continuous service shall be paid for that part of their vacation accumulation that remains unused at the time of termination. Payment for unused vacation shall be made at the rate of pay in effect for such employees at the time of separation. Regular full-time employees who terminate from City service prior to completion of a 90 day employment period shall not be entitled to compensation for vacation leave, as none has been accrued.

E. Upon separation from the City, a regular full-time employee will receive prorated vacation credit if the employee is actively at work or on a leave with pay for at least fifteen (15) calendar days during a month to accrue credit for that month.

F. The Police Chief shall set the shift work schedules no later than October 9 1st in the calendar year of the bid for the following year’s schedule. The NPA shall coordinate the bids for shift and the bids for vacation as soon as possible after the work schedules are set. Shift and vacation schedules must be completed and submitted to Police administration by November 15 preceding implementation of the new work schedules. Any bids not completed or submitted will be determined at the sole discretion of the Police Chief.

G. It is the mutual understanding and intent of both parties that the term “vacation” for the purpose of determining when the employee is away from work includes the employee’s days off preceding and following their regularly assigned shift (e.g. If the employee works Friday through Sunday, then the employee is considered on vacation from the MondayThursday of the preceding week and from Monday-Thursday of the following week.) The City will not schedule a payback day or training day within this vacation period. This provision only applies to two vacation periods designated by the employee during the annual vacation selection process. Any member selecting a vacation consisting of three (3) or more consecutive workweeks will have the option to satisfy their payback day utilizing accrued paid time off to complete their work assignment for the FLSA work period. This provision does not affect the City’s ability to ensure proper staffing in the event of an emergency. Emergency shall include but not be limited to the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury or other good cause, including unplanned tactical operations. The Association and City agree that every attempt will be made for payback days to be scheduled to coincide with the employees’ normal workweek.

However, if that is not possible the City may assign the payback day as needed.

H. Regular part-time employees, upon completion of 90 days of continuous active service shall be eligible to accrue vacation leave hours each month as follows:
20-25 Hour 30-35 Hour
Work Schedule Work Schedule
Less than 5 years of service 3.33 – 4.16 5.00 – 5.83
During the 5th & following 5.00 – 6.25 7.50 – 8.75
During the 10th & following
During the 15th & following
During the 20th & following

6.67 – 8.33

7.33 – 9.16

8.33 – 10.41

10.00 – 11.67

11.00 – 12.83

12.50 – 14.58
Effective July 1, 2010, proration of RPT vacation leave will be based on actual hours worked or budgeted to work. For example, an RPT 10 employee with one year of City service who works 35 hours per week will receive 5.836 hours of vacation per month. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

An eligible employee must be at work or on a leave with pay for at least one half of the regularly scheduled work days in a month to accrue vacation leave credit for that month. (One-half the month for regular parttime employees shall not be based on hours worked, but rather the number of regularly authorized work days.)
Regular part-time employees who separate from City service after 90 days of continuous active service shall be paid for accrued but unused vacation leave at the time of termination. Payment for unused vacation shall be made at the rate of pay in effect for such employees at the time of separation. Regular part-time employees who terminate from City service prior to working 90 days of continuous active service shall not be entitled to compensation for vacation leave, as none has been accrued.

I. A regular full-time employee must be at work or on compensated leave for at least 80 hours during a month to accrue vacation credit for that month.

It is understood by the City and Association that leave benefits will be accrued and used on an hourly basis. When an employee on an alternative work schedule is on paid leave, the employee must chargeaccrued leave balances for the number of hours required to cover the number of hours scheduled to work (e.g. 12.5 hours of leave, 10 hours of leave, or 9 hours of leave).

J. The maximum accumulation of vacation leave hours will be limited to two times the employee’s annual accrual. The City Manager shall have the authority to allow an employee to exceed this maximum accumulation for 30 days.

K. Effective July 1, 2017, upon using one-half of the vacation time accrued during the 12-month period from July 1 through June 30, a regular fulltime employee may request to receive pay for up to a total of sixty (60) hours per fiscal year of vacation, forty-five (45) to fifty-two and a half (52.5) hours for 30-35 hour employees, and thirty (30) to thirty-seven and a half (37.5) hours for 20-25 hour employees in hourly increments at the current hourly salary rate provided there is a minimum of one (1) week (40 hours) remaining in the employee’s vacation bank after the conversion. Requests for vacation buy-back may be made up to two times per fiscal year in October and/or April for payment on December 15 and/or June 15.

By December 1 of each calendar year, eligible employees who want to cash out accrued vacation leave in the following calendar year shall 11 make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: The employee may cash out up to 80 hours of vacation.
• For regular 30-35 hour part-time employees: The employee may cash out up to 60-70 hours of vacation.
• For regular 20-25 hour part-time employees: The employee may cash out up to 40-50 hours of vacation.
• To be eligible to cash out, the employee must have used at least one-half of the vacation time accrued during the 12-month period preceding December.
• Employees must have the equivalent of one regular work week remaining in vacation accruals at the time of cash out. • Employees must submit their Vacation Buy-Back Request Form to Payroll by December 1.
• This is an irrevocable election by the employee.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the vacation buy-back program.

It is the employee's sole responsibility to address the tax consequences of cashing out accrued leave or the vacation buy-back program.

IX. SICK LEAVE
A. Purpose
The purpose of sick leave is to allow regular full-time and regular part-time employees who are ill or injured to remain absent from work with pay, within the limitations of this section. Sick leave is granted to a full-time or part-time employee to recover from illness or injury so as to be physically able to return to work. Employees may also use sick leave to care for their sick children, siblings, parents, or spouse / domestic partner. Sick leave may be utilized for any leave covered under the Family Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA).

B. Accrual

1. Regular full-time employees may accrue sick leave with pay at the rate eight hours per month for each calendar month of service. Regular full-time employees shall accumulate unused sick leave at the rate of eight (8) hours per calendar month to a total of not more than 960 hours.
12 2. Regular full-time employees who have served less than 90 days with the City shall receive no sick leave. Beginning on the 90th day of employment, the employee shall receive sick leave credit of 24 hours.

3. A full-time employee must be at work or on compensated leave for at least 80 hours during a calendar month to accrue sick leave, retirement, and/or any benefits or awards relating to or contingent upon completion of a specified period of employment or length of service. It is understood by City and Association that leave benefits will be accrued and used on an hourly basis. When an employee on an alternative work schedule is on paid leave, the employee must charge accrued leave balances for the number of hours required to cover the number of hours scheduled to work (e.g. 12.5 hours of leave, 10 hours of leave, or 9 hours of leave).

4. Regular part-time employees, beginning on the 90th day of employment, shall be eligible to accrue and use sick leave with pay at the following rates and to the following maximums:

Work Schedule
Monthly
Accrual Rate
Maximum
Accrual
20 - 25 hrs/week 4-5 hours 480-600 hours
30 - 35 hrs/week 6-7 hours 720-840 hours
Effective July 1, 2010, proration of RPT sick leave will be based on actual hours worked or budgeted to work. For example, an RPT employee who works 35 hours per week will receive 7 hours of sick leave per month. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

Regular part-time employees must be actively at work or on leave with pay for at least one half the regularly authorized work days in a month to accrue sick leave credits for that month. (One-half the month for regular part-time employees shall not be based on hours worked, but rather the number of regularly authorized workdays.)
Retirement Service Credit
Retirement service credit accounts have been established for each regular full-time and regular part-time employee in which that member may accrue retirement service credit toward early retirement under the Public Employees' Retirement System plan applicable to sworn and non-sworn employees. Retirement service credits cannot be used as sick leave as provided in this Agreement or the Personnel Rules and Regulations but 13 may be used only towards early retirement under the Public Employees' Retirement System. Sick leave credit accrued in excess of 960 hours for full-time employees, 720-840 hours for 30-35 hour part-time employees, and 480-600 hours for 20-25 hour part-time employees shall be placed in the individual's retirement service credit account. Accumulation of retirement service credit shall be unlimited.

Individuals with less than 960 hours, 720 hours, or 480 hours as applicable accumulation may designate a portion or all of their accumulation of sick leave credit after July 1, 1982 to be placed in the retirement service credit account. However, once placed in the retirement service credit account, it can be used only for retirement service credit and cannot be withdrawn from that account.

D. Administration of Sick Leave

1. Whenever possible, employees will make medical and/or dental appointments during off-duty time. When an eligible employee is unable to schedule a medical and/or dental appointment for treatment of an illness or injury during off-duty time, with the approval of the Department Head, the employee may charge time off for the medical and/or dental appointment to sick leave.

2. In order to receive compensation while absent on sick leave, the employee shall notify their immediate superior or other competent authority as soon as practicable, preferably prior to the time set for beginning their daily duties. The employee must submit an application for sick leave showing such information as required by the Police Chief. Such applications shall be factually correct. The Police Chief may make such investigations as they feel necessary and may require supplemental information from the employee.

3. A sworn employee may charge sick leave for the difference between workers' compensation temporary disability payments and their full salary, until such time as a medical examiner certifies that the employee's condition has become permanent and stationary and that the employee is permanently precluded from performing the substantial range of the job duties performed by the employee at the time of industrial injury.

4. Where non-sworn employees receive workers' compensation salary continuation benefits, and where sick leave is approved, the City shall pay the non-sworn employee their full salary excluding there from the employee's workers' compensation benefits. The non-sworn employee's sick leave entitlement shall be charged on a pro rata basis. 14 5. If an eligible employee uses sick leave any time in excess of two (2) continuous days, the Police Chief may require the employee to furnish a certificate from a licensed doctor of medicine, chiropractic medicine or ostheopathy or the employee’s choice, who has examined the employee, so that the employee’s condition and ability to return to work may be ascertained. In any case and at any time, the Police Chief may require submittal of periodic physician's reports concerning the employee's condition and ability to return to and/or continue work.

6. Whenever the Police Chief has reasonable cause to believe that an eligible employee's condition of health is affecting or could affect the employee's ability to work, the Police Chief may require the employee to submit to an examination by a licensed physician selected by the City. If the physician determines that the eligible employee should not be undertaking certain duties required by their position classification, the Police Chief may require the employee to use accrued sick leave until sufficiently recovered to return to work.

7. Absence for illness may not be charged to sick leave not already accumulated by the employee.

8. An eligible employee absent from duty due to illness or injury who has been performing outside employment authorized by the Police Chief shall refrain from working at the outside employment until they are fully recovered from the illness or injury, unless specific approval is obtained from the Police Chief, or designee, to continue outside employment.

X. PERSONAL LEAVE
Regular full-time employees (prorated for regular part-time employees) may convert a maximum of the equivalent of one (1) work day (e.g., 8, 10, or 12.5 hours, dependent upon regularly assigned schedule) of sick leave to personal leave during each fiscal year. For example, a regular part-time employee who is scheduled to work 35 hours per week and works 12 hour shifts may convert a maximum of 10.5 hours of sick leave to personal leave during the fiscal year.

Effective July 1, 2006, all non-sworn regular full-time employees represented by the Association shall be granted a maximum of two (2) hours of personal leave with pay each fiscal year. All non-sworn regular part-time employees represented by the Association shall be granted a maximum of one (1) hour of personal leave with pay each fiscal year.

Effective July 1, 2008, In recognition of the unique work requirements that are specific to Dispatch employees that include but are not limited to; urgency conditions that interrupt schedules, loss of premium pay due to unscheduled 15 absences, dispatch employees will receive 10 hours of personal leave to be used only on the 10 hour payback day and after advanced scheduling and approval of the manager. Hours must be used during the fiscal year or they will be forfeited.

XI. OTHER LEAVES
A. Military Leave
Employees represented by the Association shall be entitled to military leave and leave of absence without pay as specified in the City's Personnel Rules and Regulations.

Any Association employee who is required to be absent from their employment as the result of military obligations; i.e., military leave, shall be paid by City at the regular rate of pay to a maximum leave period of thirty (30) consecutive calendar days (or up to 172 hours) in any fiscal year while so absent. Employees are required to use accrued leave for all absences due to voluntary military duty. See section XXI for additional military benefits.

B. Jury Duty

1. Regular full-time employees summoned to jury duty may be absent from duty provided that a copy of the summons is submitted to the employee's supervisor prior to jury duty and the employee is selected to serve on a jury.

2. Jury duty is based on an eight-hour day. If the employee’s regularly scheduled shift is over eight (8) hours, the employee may use accrued leave to cover the rest of their shift, or return back to work and complete the rest of their shift. Employees shall not receive any overtime or compensatory time for jury duty occurring on a regularly scheduled day off.

3. Upon approval of the Police Chief, an employee assigned to shift duty may be rescheduled to day shift if the Jury Commissioner will not excuse the employee, and the employee is selected to serve on a jury.

Rescheduling will only be considered if the employee has submitted the Chief's letter requesting that the employee be excused to the Jury Commissioner.

4. Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, who are summoned to jury duty and required to serve, may be absent from duty with pay as follows:
16 Authorized Work Schedule Pay
20 - 25 hrs/week 4 hours of pay per day
30 - 35 hrs/week 6 hours of pay per day

5. Those sworn and non-sworn regular full-time personnel who are officially notified to be summoned to jury duty, and are scheduled to work beyond midnight, shall not return to work for a minimum of 9 hours after serving jury duty.

C. Bereavement & Reproductive Loss Leave

1. Regular full-time employees represented by the Association may be granted up to a maximum of forty (40) hours of paid
bereavement leave where there has been a death of a spouse, domestic partner, sibling,parent, parent-in-law, grandparent, grandchild, parent-in-law, grandparent-in-law, sibling-in-law, or child-in-law of an employee in order that the employee may attend last rites and attend to any pressing matters resulting from the death.

A maximum of 80 hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

2. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, unsuccessful assisted reproduction, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

3. Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, shall be eligible for prorated bereavement and reproductive loss leave. Regular part-time employees shall be eligible for prorated bereavement leave based on actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive up to a maximum of thirty-five (35) hours of bereavement or reproductive 17 loss leave per reproductive loss event. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for the proration. Bereavement and reproductive loss leave will be prorated as follows:

Work Schedule Prorated Bereavement and
Reproductive Loss Leave
20 - 25 hrs/week up to a maximum of 20-25 hours
30 - 35 hrs/week up to a maximum of 30-35 hours
XII. HOLIDAYS
A. Regular full-time employees in the classifications of Police Officer, Police Sergeant, Public Safety Dispatcher, and Public Safety Dispatch Supervisor, shall receive as compensation in- lieu of holidays an amount equal to 7% of their current base pay step, which in-lieu payment shall be paid each pay period. The in-lieu compensation factor of 7% shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except their current base pay step.

B. During the term of this agreement the classifications of Animal Control Officer, Community Service Officer, Police Records Supervisor, Property and Evidence Technician, Public Safety Clerk, Red Light Photo Enforcement Technician, and Vehicle Abatement Officer shall be eligible for the following holidays:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr., Day • Third Monday in February, President's Day
• Last Monday in May, Memorial Day
• June 19, Juneteenth
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veteran's Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• Last work day before Christmas
• December 25, Christmas Day
• Two Floating Holidays, to be scheduled subject to Department Head approval.

The floating holidays must be scheduled and used during the fiscal year.

Holidays shall not be carried over from one fiscal year to another. Upon termination, an unused holiday cannot be converted to cash. An employee must be employed in a covered classification by January 1st to be eligible for the floating holidays.
18 C. When a holiday falls on a Sunday, the following Monday shall be observed. When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on the second day of two consecutive scheduled days off, the day following the days off shall be observed.

When a holiday falls on the first day of two consecutive scheduled days off, the day preceding the days off shall be observed.

D. When a regular full-time employee who receives holiday-in-lieu pay is assigned to a light duty assignment on a 40-hour per week work schedule, said employee shall continue to receive holiday-in-lieu pay and will be required to work on holidays that occur during the work week.

E. The proration of holiday-in-lieu pay for regular part- time (RPT) employees in the classification of Public Safety Dispatcher or Public Safety Dispatch Supervisor will be based on actual hours worked or budgeted to work. For example, an RPT employee who is budgeted to work 35 hours per week will earn a prorated amount of holiday-in-lieu compensation based on a 35 hour per week work schedule. The in-lieu compensation factor shall not be applied and added to any payment for overtime work or to a lump sum payment for accrued vacation in the case of a terminating employee; or to any other payment to an employee except their regular pay.

F. Regular full-time employees represented by the Association who are assigned to work an alternative work schedule but who are not eligible for holiday-in-lieu pay will receive eight (8) hours of holiday leave for each official holiday set forth in the MOU. (Holiday leave is defined as an eight (8) hour day). The employee will receive eight hours of holiday pay at the straight time hourly rate and the additional hours to complete the shift must be charged to accrued vacation, comp time, or holiday comp time leave. When an employee works on a holiday or a holiday falls on a regularly scheduled day off the employee shall accrue eight (8) hours of holiday comp time (HCT). On the June 30 pay check, any unused holiday comp time (HCT) in excess of 26 hours will be paid to the employee at the straight time hourly rate in effect in June of that year. Those employees that utilize the holiday leave in observance of the holiday shall either utilize accrued vacation, compensatory time off, or holiday comp time for the remaining two (2) hours of their scheduled shift, or with the consent of their department, flex their work schedule during the same workweek as the holiday and work an additional two (2) hours at straight time.

XIII. PAY UPON PROMOTION
In the case of promotions to classes covered by this memo, the City agrees to pay the promoted employee a minimum of 5% above the top step of the range from which they were promoted.
19 XIV. CERTIFICATE INCENTIVE PAY
The City shall provide the following Certificate Incentive Pay for personnel represented by the Association who receive a California P.O.S.T. Intermediate or Advanced Certificate.

The effective date for payment of Certificate Incentive Pay shall be the payroll period immediately following the date on the P.O.S.T. certificate.

The provision of Certificate Incentive Pay is not intended as an inducement or directive to employees to conduct personal education programs beyond the programs required and/or provided by the City. The course work is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

A. Certificate Incentive Pay for Police Officer and Police Sergeant will be:

P.O.S.T. Intermediate Certificate 5% of base hourly pay rate per month P.O.S.T. Advanced Certificate 10% of base hourly pay rate per month B. Certificate Incentive Pay for Public Safety Dispatcher and Public Safety Dispatch Supervisor will be:

P.O.S.T. Intermediate Certificate 3.5% of base hourly pay rate per month P.O.S.T. Advanced Certificate 7% of base hourly pay rate per month XV. OVERTIME
A. Regular Full-time Employees
Overtime for all regular full-time employees shall be defined as that time worked in excess of the regularly assigned shift. Overtime shall be paid for actual hours worked when an employee’s overtime hours are consecutive with the beginning or end of their regular shift. All overtime as above defined shall be paid at the rate of time and one-half of the regular hourly rate of pay for all positions or be granted as compensatory time off at the rate of time and one-half.

B. Regular Part-time Employees
Overtime for all regular part-time employees shall be defined as that work performed in excess of twelve and one-half (12.5) hours in a workday or forty (40) hours of actual work in a scheduled workweek. All overtime as above defined shall be paid at the rate of time and one-half of the regular hourly rate of pay for all positions or be granted as compensatory time off at the rate of time and one-half.
20 C. Compensatory Time Off
Accumulation of compensatory time off shall be limited to 160 hours and shall only be available in accordance with federal regulations implementing the Fair Labor Standards Act. When an employee reaches the maximum accumulation of 160 hours, the employee shall receive overtime pay for time worked in excess of the regularly assigned shift.

The maximum accumulation of compensatory time off shall be 220 hours.

All compensatory time off accruals and compensatory time off elected for cash out count toward the 220 hours limit.

1. Voluntary Election to Cash Out Compensatory Time Off By December 1 of each calendar year, eligible employees may voluntarily and irrevocably elect to cash out compensatory time in the following calendar year, all compensatory time earned during the applicable calendar year and remaining at the end of that calendar year will be cashed out in the last full pay period of the calendar year. Should the employee transition outside of NPA, the irrevocable election remains in place for the calendar year.

Each year the employee will have the option to elect to irrevocably cash out compensatory time for the subsequent calendar year.

The City makes no representations as to the tax counsequences of an employee cashing out accrued leave or the compensatory time cash out program. It is the employee's sole responsibility to address the tax consequences of cashing out accrued leave.

2. Non-election of Compensatory Time Off Cash-Out
If an employee does not irrevocably elect to cash out compensatory time in the following calendar year, the compensatory time leave accrued in that calendar year will be credited to the employee’s compensatory time off account until the compensatory time off account is credited to the maximum accrual amount. Unused compensatory time will carry over from one calendar year until the next is exhausted.

Should the employee transition outside of NPA, the subsequent MOU provisions of the new employee group will apply to any remaining compensatory leave. Upon separation from City service, all earned compensatory time will be paid in cash.

D. Compensatory Time Off for School Resource Officers
School Resource Officers work a 9 hour day, 45 hours per week schedule and therefore, accumulate 5 hours of compensatory time per week. If a 21 School Resource Officer works the standard 9 hour day, 45 hours per week schedule, the accumulation of compensatory time off shall be limited to 320 hours. At the termination of an assignment as a School Resource Officer, a plan shall be developed with the Officer to reduce the compensatory time leave balance to 160 hours within six months from the end of the assignment. If a School Resource Officer elects to work an alternative schedule (e.g., a 4/10 or a 9/80 work schedule), then the accumulation of compensatory time off shall be limited to 160 hours.

E. Call-Back Minimum

1. Regular full-time and regular part-time employees shall be eligible for a four (4) hour call-back minimum when the call back is for an unscheduled event that occurs more than two (2) hours after the end of the shift and within nine (9) hours of their assigned end of shift except as provided in Section XV.A above. Said employees shall receive, upon reporting a minimum of four (4) hours of work at the overtime rate, or if four (4) hours of work are not actually worked, a minimum of four (4) hours pay at the overtime rate.

2. Regular full-time and regular part-time employees who are called backto work for a planned event which is scheduled at least 24 hours in advance shall receive, upon reporting, a minimum of two (2) hours of work at the overtime rate, or if two (2) hours of work are not actually worked, a minimum of two (2) hours pay at the overtime rate.

3. The above call-back provision does not relate to official court appearances. Such court appearances shall be compensated as provided in this M.O.U.

4. A “call-back” occurs when an employee is required to return to their normal work location, or to travel to another work location at the direction of the city. A “call-back” does not occur when an employee handles a phone call at home or is otherwise not required to physically leave their residence. In such situations, the employee shall be compensated for any time actually worked at the overtime rate, but will not be entitled to the call-back minimum.

XVI. MINIMUM COURT TIME PAY
A. The City shall pay a minimum of four hours overtime at time and one-half pay to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business during their scheduled days off. For purposes of this section, the phrase "scheduled days off" refers to days on which the officer is not scheduled for duty. Scheduled days off does not include sick leave, 4850 22 leave, leave without pay, or shift trades between employees.

B. The City shall pay a minimum of four hours overtime at time and onehalf pay to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business if their assigned work schedule is beyond midnight and if court appearance is within nine (9) hours of their assigned end of shift but more than two (2) hours before or two (2) hours after the assigned shift.

C. The City shall pay a minimum of four hours overtime at time and one-half hourly pay rate to those sworn and non-sworn regular full-time personnel who are officially notified and appear in court on Newark Police Department business during their scheduled days on duty if they are serving duty on the B and C shifts provided they are scheduled to appear more than two (2) hours after the end of their assigned shift.

D. The City shall pay a minimum of two hours overtime at time and one-half to sworn and non-sworn regular full-time personnel scheduled to appear in court on the day normally scheduled to work provided they are scheduled to appear at least two hours prior to the assigned shift.

E. The City shall pay a minimum of two hours overtime at time and one-half pay to those sworn and non-sworn regular full-time personnel assigned to B or C shifts, or on day off who are not notified that their subpoenaed appearance in court is not required if the notification is not received by 10:00 hours on the day of the court appearance provided that the employee has called the appropriate agency to ascertain attendance requirements.

F. Minimum court time pay does not apply to employees on 4850 industrial leave, sick leave, leave without pay, or shift trades between employees.

1. An employee who is on sick leave on the date of the actual court appearance shall receive straight time pay for time spent at court.

2. An employee who appears in court while on industrial disability leave (4850 industrial leave) shall be ineligible for court pay, at either the straight-time or the time-and-one-half rate, but shall, instead, receive only their industrial leave (4850 leave) pay.

3. An employee who appears in court while on leave of absence without pay shall receive straight time pay for actual time spent at court, provided that prior approval for such pay has been authorized by a Police Lieutenant in advance of court appearance.

G. Only one four-hour minimum shall be paid per calendar day. 23 XVII. DETECTIVE ON-CALL ALLOWANCE
A. One detective may be assigned by the Police Chief, or designee, to oncall duty. The terms, conditions, and procedures for on-call duty shall be determined by the Police Chief. The City maintains the right to discontinue the on-call duty program at its sole discretion.

B. The detectives assigned to on-call duty shall receive, in addition to monthly salary, one hundred seventy-five dollars ($175.00) for each full week (seven day period) assignment.

C. Payment of the on-call allowance shall be prorated if the week assignment is not completed.

D. The on-call allowance will not be included as compensation when computing overtime pay, retirement or workers' compensation benefits.

E. The Police Chief shall establish terms and conditions for on-call duty pay.

XVIII. USE OF CITY VEHICLES
A. Police Officers who are assigned as Detectives and who live within the Newark city limits are authorized to utilize their assigned City-owned vehicles to commute to and from work and to lunch within the City limits.

At the sole discretion of the Police Chief, the requirement that employees live within city limits may be waived. The City-owned vehicle shall not be utilized for any purpose not related to official City business.

B. Police Officers who are assigned as Canine Handlers are authorized to utilize their assigned City-owned vehicle to commute to and from work a distance not to exceed 40 air miles one way. At the sole discretion of the Police Chief, the 40 air miles requirement may be waived. The City-owned vehicle shall not be utilized for any purpose not related to official City business.

C. Police Officers who are assigned as Motor Officers and Sergeants are authorized to utilize their assigned City-owned motorcycles to commute to and from work a distance not to exceed 40 air miles one way. At the sole discretion of the Police Chief, the 40 air miles requirement may be waived. The City-owned motorcycles shall not be utilized for any purpose not related to official City business.

XIX. TUITION FEES AND BOOK COSTS REIMBURSEMENT
A. Regular full-time and regular part-time employees are eligible on a firstcome, first-served basis for the educational reimbuesement of tuition fees and book costs.
24 B. The City shall establish a fund of $15,000 which shall be the City's total obligation for financing tuition fees and book costs incurred for courses completed within each fiscal year of this Memorandum of Understanding by the employees represented by the Newark Police Association.

Reimbursement to individual employees shall not exceed $1,500 per employee per fiscal year. Should monies remain in the fund at the end of the fiscal year, the funds will be distributed equitably among employees that had eligible expenses beyond the $1,500 per employee limit, up to their maximum expense incurred. Reimbursements taxable under the IRS will be taxed to comply with IRS regulations.

C. Reimbursement shall be made for 100% tuition fees and book costs of satisfactorily completed courses taken in the pursuit of an Associate, Bachelor's or Master's Degree in the Administration of Justice, Political Science, Psychology, Public Administration, Criminology, Law, or Sociology, or any field directly related to police services. Reimbursement shall also be made for such fees and costs for a particular course in any of these fields, including any field directly related to police services, even though such course is not taken in pursuit of any of the above degree programs.

D. An employee may petition their Department Head for authorization to be reimbursed for courses which are not specifically enumerated above but are in a field directly related to police services and which will maintain or improve job-related skills. Denial of such petition is subject to the Grievance Procedure provided in this M.O.U. except that all parties will accept the fact finders decision as final.

E. Procedure

1. An eligible employee shall request written approval from the Police Chief to be reimbursed for courses or approved fees authorized under this provision prior to registration in the course or educational program (i.e. Saint Mary’s College bachelor’s or graduate programs).

2. Reimbursement shall be made for 100% tuition fees and required textbook costs of satisfactorily completed, City-approved courses directly related to the employee's job. In the event that an employee’s educational program is unable to identify the specific cost associated with a specific course, reimbursements will be processed based on the average course cost using the following formula:

Total educational program fees (e.g.: B.S./B.A. degree programs) divided by the total number courses required to obtain the degree will equal the average course fee.

3. Satisfactory completion shall be construed to mean the attainment of a 25 course grade of "C" or better or documentation of satisfactory completion acceptable to the City. No reimbursement shall be made to employees who either unsatisfactorily complete or withdraw from an approved course.

4. Reimbursement shall be processed upon evidence of the successful completion of a course(s) and in accordance with the Human Resources Department’s Educational Reimbursement procedures.

5. The City shall not provide reimbursement for any personal vehicle mileage or any expense other than tuition, fees and required textbook costs.

F. Required textbooks for which the employee was reimbursed shall become the property of the employee.

It is the intent of this policy that all employees, though eligible for reimbursement of expenses, shall carry out their educational programs on their own personal time. Departmental shifts may be arranged to allow an employee to enroll in a college program with reasonable assurance that course attendance shall not be disrupted at mid-semester or mid-quarter.

This policy does not guarantee that such disruption shall not occur; however, the Police Chief shall insure that a reasonable effort will be made to avoid such disruptions when it may be achieved without inconvenience to departmental operations.

In the event that some activity of the educational program is to take place during the employee's duty hours, it shall be the responsibility of the employee to make the necessary arrangements for personal time off.

In this regard, the employee may make whatever arrangements are possible; however, the needs of the Department shall be of primary consideration in these situations.

This policy is not intended to serve as a directive to employees to conduct personal education programs beyond the programs required and/or provided by the City. The course work referred to here is that which is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

XX. RETIREMENT BENEFITS
A. All Association members who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

B. The City shall continue to provide to all sworn Classic Members of the 26 Association a retirement formula known as “3% at 50" together with the 1959 survivor benefit option and a credit for unused sick leave option.

Sworn Classic Members continue to pay the 9% employee rate for the 3% at 50 retirement formula plus continue to pay up to 4% of an additional contribution in accordance with the following formula for a current total of 13%.

The Association’s Classic sworn members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Safety Plan employer actuarial rate for the 3% at 50 retirement formula exceeds

17.00% to a maximum of 25.00%. In the event that the employer rate exceeds 25.00%, the City shall be responsible for any increase above

25.00%. In subsequent years of the contract, if the rate over 17.00% decreases, the Classic Association members’ matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below 17.00% will not be shared with Association members under the above formula.

The following example is for illustrative purposes only:

If the CalPERS Safety Plan employer actuarial rate for the 3% at 50 retirement formula increased from 17.00% to 20.00% effective July 1, 2006, the Classic sworn Association members’ rate would increase from

9.00% to 10.50%. The City would then be responsible for the matching

1.50%. If the rate decreased from 20.00% to 18.00%, the Classic sworn Association members’ rate would decrease by 1.00%.

C. The City shall continue to provide to all non-sworn Classic members of the Association a retirement formula known as “2.5% at 55" together with the 1959 Survivor Benefit option and a credit for unused sick leave option.

Non-Sworn Classic Members continue to pay the 8% employee rate for the 2.5% at 55 retirement formula plus continue to pay up to 2.971% of an additional contribution in accordance with the MOU formula and the 2009 cap for a current total of 10.971%
In addition, the Association’s non-sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Miscellaneous Plan employer actuarial rate for the 2.5% at 55 retirement formula exceeds 10.00% to a maximum of 16.936%. In the event that the employer rate exceeds 16.936%, the City shall be responsible for any increase above 16.936%. In subsequent years of the term of the agreement, if the rate over 10.00% decreases, non-sworn Classic Association members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below 10.00% will not be shared under the above formula.
27 The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to

10.00%, each Association member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases from 10.00% to 13.00%, each Association member would contribute half of the 3.00% increase (1.50%) from their salary to pay for the retirement benefit. The City would then be responsible for the matching 1.50%. If the rate decreased from 13.00% to 11.00%, the Association member would contribute 0.50% of the increase above 10.00% from their salary to pay for the retirement benefit. The City would then be responsible for the matching 0.50%.

D. The City shall provide to sworn members of the Association who were appointed on or after January 1, 2013 who are PEPRA members (as defined by CalPERS) a retirement formula known as 2.7% at 57 in accordance with the Public Employees’ Pension Reform Act of 2013.

Sworn association members who were appointed on or after January 1, 2013 who are PEPRA members (as defined by CalPERS) will contribute half the normal cost of the 2.7% at 57 plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate sworn PEPRA members currently pay an additional contribution of 1.5% of the employer rate. If CalPERS approves a contract amendment for the City of Newark that eliminates the 1.5% contribution the City agrees to amend its contract for sworn PEPRA members accordingly.

E. The City shall provide to all non-sworn members of the Association who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as 2% at 62 in accordance with the Public Employees’ Pension Reform Act of 2013. 28 Non-sworn members of the Association who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the 2% at 62 plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate (currently 6.25%), non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members of the Association pay.

F. All Association members’ cost sharing contributions will be tax deferred.

G. All Association non-sworn Miscellaneous Group employee members will not pay any increase in the CalPERS employee cost share after June 30, 2009. The Miscellaneous Group’s CalPERS cost share will be capped at the current 2.971% rate.

H. The parties acknowledge that the City must comply with the provisions of the Public Employees’ Pension Reform Act of 2013. To the extent additional changes to the terms and conditions of employment are required by the Public Employees’ Pension Reform Act of 2013 or any other law, the City agrees to meet and confer over the effects of any changes that it is required to make during the term of this agreement.

I. The City shall provide the one-year highest compensation option to Classic sworn and non-sworn members of the Association. The City shall provide the three-year average compensation requirement to PEPRA members as defined above.

J. The City shall continue to provide a retiree provision in all group health plans in which City personnel may participate.

K. Effective October 15, 2000, the City amended its contract with CalPERS to provide sworn members of the Association the ability to purchase up to four years of service credit for any continuous active military service prior to employment.

L. Effective, January 26, 2001, the City amended its contract with CalPERS to provide sworn members of the Association the indexed level 1959 survivor benefit option. The Association members agree that any costs now or in the future for the Indexed level 1959 survivor benefit will be paid by the members.

M. Effective November 16, 2004, the City amended its contract with CalPERS to provide for the Pre-Retirement Optional Settlement 2 Death Benefit for sworn members. The Association members agree that any costs now or in the future for the Pre-Retirement Optional Settlement 2 Death Benefit will 29 be paid by the members.

XXI. EXTENSION OF MILITARY BENEFITS
A. This program covers non-probationary, regular, part-time and full-time employees. In addition to the 30 days of fully paid annual military leave provided under the California Military and Veterans Code §395.01 and 395.02, the City will pay additional wages to supplement the employee’s income in an amount equal the employee’s regular City monthly compensation less military pay for up to an additional 150 days. Thus, if an employee is ordered to military leave, that employee will receive full compensation for the first 30 consecutive calendar days (as required by the Military and Veterans Code §395.01 and 395.02), and supplemental compensation for up to 150 consecutive calendar days.

B. Employees will be required to provide copies of their military pay stubs for reconciliation purposes. Payments will be reconciled quarterly by the Finance Department. If the Finance Department has not received military pay information within three weeks after the end of the quarter, future checks may be held until the information is provided.

C. Payroll deductions related to employee-paid health insurance, dental insurance, retirement, vision insurance, short term disability insurance, long term disability insurance, and/or life insurance will continue during the employee’s absence.

D. Employees who are on paid military leave will continue to accrue seniority, retirement benefits, sick leave, vacation, and shall receive holidays and salary adjustments. When the supplemental compensation ends, employees will continue to accrue seniority and retirement benefits. In order to continue retirement credit for military leave, the employee must request a military credit at any time after returning from military leave, but prior to separation or retirement.

E. For purposes of this policy, employees become eligible for the program after 30 days of military leave have been used, including any military leave that may have been used during this calendar year prior to military activism.

F. Affected employees must request in writing to the City Manager’s Office via their department head, to participate in this program as soon as they are aware that their military leave will extend beyond 30 days. Employees must provide military orders or other official military documentation validating military leave requirements to their supervisor as soon as possible. The supervisor will then forward a copy to Human Resources and Finance.
30 G. An employee voluntarily enlisting for active duty service is not eligible for this program.

H. The City expects employees who benefit from this program to return to employment with the City after serving their military duty.

XXII. LONGEVITY PAY
A. Regular full-time employees in the classifications of Police Officer and Police Sergeant are eligible for longevity pay as follows:

Upon commencement of 10 years of service 2.5% salary increase Upon commencement of 15 years of service 5.0% salary increase Upon commencement of 20 years of service 7.5% salary increase Longevity pay is computed on base compensation only. The maximum longevity pay premium is 7.5% of salary for employees in the classifications of Police Officer and Police Sergeant.

B. For service to meet the requirements of longevity pay, it must meet all of the following criteria:
• Full-time sworn classifications represented by the City of Newark Police Association, including probationary time through June 30, 2022; and
• Effective July 1, 2022, full-time sworn service in the classifications of Police Officer, Police Corporal, Police Sergeant, Police Lieutenant, Police Commander, Police Captain, and/or similar sworn position; in a public sector agency, including probationary time; and
• Continuous service or service that qualifies under reinstatement procedures; and
• Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation, or other protected leaves per state or federal law.

XXIII. SPECIAL ASSIGNMENT PAY
A. Police Officers assigned as Field Training Officers to train Police Officers or Police Reserves shall receive a five percent (5%) of top Police Officer pay step base salary differential, which shall not affect the amount of holiday in lieu or educational incentive pay received while performing Field Training Officer duties.

B. Public Safety Dispatchers formally assigned by the Police Chief to train other Public Safety Dispatchers as part of a formalized departmental 31 training program shall receive a five percent (5%) salary increase during such assignment, which shall not affect the amount of holiday-inlieu pay received while performing Public Safety Dispatcher training duties. Public Safety Dispatchers are not eligible for this salary increase when acting as Public Safety Dispatch Supervisor and receiving acting pay for that assignment.

C. Employees assigned in writing by the Police Chief to perform the duties of a higher classification on an "acting" basis shall receive a five percent (5%) salary increase for hours worked from the first day of the acting assignment. In the event an employee in an acting assignment is absent from work because of illness or injury, the City may terminate the acting assignment.

D. Police Officers and Sergeants assigned to one of the following special duty assignments shall receive special assignment pay of 5% of base compensation per month:
• School Liaison Officer
• School Resource Officer
• Professional Standards and Training Officer
• Detective
• Canine Handler
• Motor
• Special Enforcement Team
• Any other position approved by the Police Chief
E. Police Officers who are assigned as Canine Handlers will also receive a maintenance allowance of $100.00 per month which will be treated as salary. The maintenance allowance is intended to cover expenses that are incurred as a direct result of housing the animal at the Officer’s residence.

These expenses include, but are not limited to, yard/interior home spraying, carpet cleaning, and general maintenance of the property to ensure the dog’s safety and well-being.

F. Employees represented by the Association will receive bilingual assignment pay of $100.00 per month. Eligibility for bilingual assignment pay shall be made subject to the following conditions and in accordance with Administrative Regulation 0522 which establishes a policy and procedures for receiving bilingual assignment pay:

1. Employees will be required to pass an initial fluency test administered by the City or an independent testing service. Employees will be required to undergo periodic testing of skill level to remain eligible for bilingual pay.
32 2. Eligible languages will be determined by the City.

3. Employees must be in a classification that brings them into regular contact with the general public.

4. The City retains the right to make the final determination regarding eligibility for bilingual assignment pay.

XXIV. SAFETY TRAINING AND EQUIPMENT
A. Animal Control Officer
The City shall provide safety training and equipment necessary to minimize the potential for work related injuries.

B. Firearm
An employee represented by the Association authorized by the Police Chief to carry a firearm in the course of employment, shall be provided a department-issue firearm. Department-issue firearms shall be the property of the City and must be returned to the City upon separation of employment, request of the Police Chief, or when an employee purchases and uses an alternative firearm approved by the department. The selection of the department-issue firearm shall be the sole discretion of the City.

Implementation of this provision shall be subject to an analysis and recommendation of an appropriate department-issue firearm acceptable to the City Manager.

C. The City will continue to provide Police Officers, Police Sergeants, Community Sevices Officers, Animal Control Officers, and Vehicle Abatement Officers the following safety and protective items: Holster, Gunbelt, Magazine Holder, Flashlight, Handcuffs, Handcuff Case, Baton, Baton Ring, Chemical Agent, Chemical Agent Holder, Ballistic Vest (Minimum Threat Level 2), and Belt Keepers.

Equipment will be Accumold, basket weave, or a similar style as approved by the Police Chief.

D. Motorcycle Duty
The City shall furnish uniformed motor officers with appropriate safety and protective equipment necessary for the performance of their duties. All motorcycle apparel provided shall conform to the standards established by the Police Department, as determined by the Police Chief. The replacement of worn or damaged apparel 33 shall be at the sole discretion of the Police Chief. Provided items may include, but are not limited to, the following: motorcycle helmet, leather or Kevlar riding jackets, Class A wool shirt and britches, Motor Port motorcycle pants, daytime and nighttime eyewear, and motorcycle gloves.

XXV. PER DIEM EXPENSE
The City shall provide suitable lodging or reimburse lodging expense incurred pursuant to current reimbursement rates for employees assigned to mutual aid, riot, or civil demonstration where employees are required to remain overnight.

The City shall provide meals or reimburse for meals pursuant to current reimbursement rates for employees assigned to mutual aid.

XXVI. GRIEVANCE PROCEDURE
Any dispute between the City and an employee regarding the interpretation or application of this Memorandum of Understanding shall be considered a grievance. A grievance may be filed by an employee on their own behalf or by the President of the Association and/or their designated representative effecting the rights of an employee pursuant to this agreement who is represented by the Association. For purposes of this section, all notices required herein shall be effected when personally served supported by a declaration under penalty of perjury of the fact of personal service stating the time, place and person served.

Notice may also be served by addressing said notice to the City supervisor involved at the City Administration Building or the employee at their home address as shown in the Human Resources Office, postage prepaid, mailed by certified mail return receipt requested. Notice sent by certified mail shall be considered served upon deposit in the U.S. Mail postage prepaid.

A written grievance shall contain a complete statement of the grievance, the alleged facts upon which the grievance is based, the reasons for the grievance, the remedy requested, and the sections of this agreement alleged to have been violated. The grievance shall be signed and dated by the employee and/or the President of the Association on behalf of an employee represented by the Association.

Hearings on grievances and actual filing of grievances may be processed during normally scheduled working hours. All other activities related to the employee's or Association's preparation and processing of the appeal grievance shall be done outside of scheduled working hours. No employee or Association representative shall be entitled to any additional compensation or premium pay for any time spent in preparing or processing grievances. No grievances shall be processed during periods of overtime.
34 The employee or the Association shall pay for the time and expenses of their (its) representatives and witnesses through all stages of the grievance procedure. Witnesses who are City employees and who are on duty at the time of a scheduled appearance shall be released from duty without loss of compensation for the time required to testify. One spokesperson from the Association shall be permitted to be present without loss of compensation during hearings on grievances.

Time limits set forth herein for processing of the grievance procedure are of the essence of this procedure and are to be strictly complied with. Time limits may be extended only by written mutual agreement of the employee and/or Association and the supervisor conducting a hearing.

Any grievance not filed or appealed by the employee within the time limits specified shall be considered settled on the basis of the last disposition given. In the event the grievance is not answered by the City within the time limits set forth herein, the employee may and/or the Association on behalf of the employee may take the grievance to the next higher step in the grievance procedure within the time limits provided.

No resolution of any grievance shall be contrary to the provisions of this Memorandum of Understanding.

An Association employee shall not be penalized if they erroneously file a grievance rather than an appeal or vice versa under City of Newark Ordinance No. 77.10, Section 8, RIGHT OF APPEAL. At such time as the employee is notified in writing that the wrong procedure has been utilized, the employee shall refile the action as a grievance or appeal within 5 calendar days of the date of notification of erroneous filing.

Grievances shall be processed in the following manner:

A. Within ten (10) calendar days of the occurrence of the matter on which a grievance is based, the employee and/or Association representative shall discuss the grievance in a meeting with the immediate supervisor of the employee involved.

B. If after such discussion the employee and/or the Association does not believe the problem has been satisfactorily resolved, they shall have the right, within ten (10) calendar days of the occurrence of the matter to file a formal written grievance of the personnel action with the employee's immediate supervisor.

C. Within ten (10) calendar days of receipt of the notice of formal written grievance, the immediate supervisor shall provide their decision in writing to the employee and/or Association representative. 35 D. Within ten (10) calendar days of the receipt of the decision from the employee's immediate supervisor, the employee and/or the Association may appeal the grievance by presenting a formal written appeal on the grievance to the appropriate Department Head.

E. Within ten (10) calendar days of receipt of the formal appeal on the grievance, the Department Head shall provide a written decision to the employee and/or Association.

F. Within ten (10) calendar days of receipt of the Department Head's decision, the employee and/or the Association may present a formal appeal of the grievance to the City Manager. The City Manager or their designated representative within ten (10) calendar days of receipt of the appeal shall make a thorough review of the grievance, meet with the Police Chief and the parties involved to attempt to resolve the grievance and, if necessary, thereafter provide a written decision to the employee and/or employee association within ten (10) calendar days of the meeting date.

G. Within ten (10) calendar days of receipt of the decision of the City Manager, the employee and/or employee association may demand in writing to the City Manager that a formal appeal of the grievance be submitted to an independent fact-finder from a list of three qualified factfinders submitted to the City by the American Arbitration Association.

1. The City Manager and the employee and/or Association representative shall alternately strike names from the list so furnished and the last name remaining shall be designated as the fact-finder.

2. The City and the employee and/or Association shall share equally the fees and expenses of the fact-finder as well as the cost of making a record of the fact-finder. Each party shall bear their attorney's fees.

3. The rules of conduct of proceedings shall be according to those procedures for expedited fact-finding utilized by the American Arbitration Association.

4. The City and the employee both hold the right to be represented by an attorney or a representative of the employee's union or association.

5. If either of the parties does not accept the decision of the fact-finder, the party may appeal to a court of competent jurisdiction to hear the matter based on the transcript of evidence submitted to the fact-finder and conclusions of the fact-finder.

XXVII. WORK SCHEDULES
36 A. Police Officer and Police Sergeant

1. Sworn personnel shall utilize a work schedule known as a “160-Hour (3/12½) Work Schedule”. Assignment to the 160-Hour (3-12½) Work Schedule shall include sworn regular full-time employees assigned to patrol. Eligibility for assignment to a Four-Ten Work Schedule shall include those special duty assignments listed in Section XXIII.D.

B. Animal Control Officer, Community Service Officer, and Vehicle Abatement Officer

1. Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers will normally be assigned to a Four-Ten Work schedule. The Police Chief may authorize a different work schedule if such change is needed to achieve management objectives.

2. During any permitted meal periods, Animal Control Officers, Community Service Officers, and Vehicle Abatement Officers assigned to Patrol Division will be on an on-duty status and shall be available to respond to requests for police services.

C. Public Safety Dispatcher / Lead Public Safety Dispatcher

1. Regular full-time Public Safety Dispatchers, and Public Safety Dispatch Supervisors, shall utilize a work schedule known as “3/12½ Hour Work Schedule” with a paid lunch period. Typically, a Public Safety Dispatcher or Public Safety Dispatch Supervisor assigned to this schedule will work three days of 12.5 hours per week (37.5 hours) and one additional 10 hour day (47.5 hours) during the 28 day cycle.

2. Regular part-time Public Safety Dispatchers and Public Safety Dispatch Supervisors shall work a flexible schedule that does not normally exceed their designation of 20-25 hours per week or 30- 35 hours per week.

3. The Parties have agreed that it is in their best interests to investigate the options of a 7B Fair Labor Standards Act (FLSA) exemption from overtime requirements for Dispatch Employees.

D. Public Safety Clerk and Police Records Supervisor

1. A standard work schedule for the Public Safety Clerk and Police Records Supervisor shall be 40 hours per week. The normal workweek will be 40 hours with consecutive 8-hour days beginning or ending on any day of the week. The standard workweek begins at 12:00 a.m.

Sunday morning and ends at 11:59 on Saturday.
37 2. The Public Safety Clerk and Police Records Supervisor have the option to request working an alternate work schedule (Four-Ten). The authorization to work an alternate work schedule shall be the sole discretion of the department head. Operational needs of the department shall be the primary consideration in decisions to approve or deny requests.

E. Training

1. Employees authorized to attend schools for the purpose of training shall be assigned to a 40-hour, work week schedule. Work schedule adjustments may be authorized by the Police Chief to maintain the 160-hour work schedule requirement in a 28-day cycle or the 40 hoursper week for the four-ten work schedule. No overtime shall be paid for attendance at school unless specifically authorized by the Police Chief.

F. Notification of Shift Change

1. Twenty-one (21) calendar days notice shall be provided when employees are rotated, reassigned, or transferred from a regularly scheduled shift to another shift. Said twenty-one day notice shall not be required when an emergency necessitates a change in rotation, assignment or transfer. Emergency shall include but not be limited to the necessity of replacing employees absent from work because of unanticipated and unavoidable illness, injury or other good cause.

Members may challenge the decision of the Police Chief through the grievance procedure provided in this M.O.U. except that all parties will accept the fact finder's decision as final, and except in case of an emergency, scheduling changes will not be implemented until the grievance is resolved.

2. For the classifications of Police Officer, Police Sergeant, and Public Safety Dispatcher, and Public Safety Dispatch Supervisor, the Police Chief will provide a minimum twenty-one day notice of the schedule for the 10- hour day (“pay-back” day). Whenever possible the Police Chief will provide a thirty-day notice of the schedule for the 10-hour day (“payback” day).

G. Shift Bidding

1. For the classifications of Police Officer, Community Service Officer, and Public Safety Dispatcher, the present practice of seniority based shift bidding shall be continued to permit assignment of personnel by the Police Chief where, in the Police Chief’s judgment, such assignment is needed to achieve management objectives. Members may challenge the decision of the Police Chief through the grievance 38 procedure provided in this M.O.U. except that all parties will accept the fact finder's decision as final, and except in case of an emergency, scheduling changes will not be implemented until the grievance is resolved.

2. Probationary or new Sergeants will be assigned to shifts by the Police Chief, or designee, for up to 18 months.

3. Any Police Officer, Community Service Officer, Public Safety Dispatcher, Public Safety Dispatch Supervisor, or Police Sergeant with deficiencies or problems associated with training may also be assigned to a shift by the Police Chief, or designee, until these issues are resolved or corrected. Shift bidding will be done by seniority after any special placement on shifts has been decided.

4. Shift changes will be scheduled by the Police Chief up to three times per year, but no less than twice per year.

5. Public Safety Dispatch Supervisor shifts shall be based on organizational needs per the Police Chief or designee.

H. Holiday Work Schedule
City offices will be closed for business during the December holiday season. Non-essential employees, as determined by the Police Chief, will participate in a four-day furlough.

I. Authority

1. The starting times for the alternative work schedule shall be established by the Police Chief and may be changed by the Police Chief at their discretion following a thirty day notice to the Association of the new starting times.

2. The City reserves the right and shall have the authority to discontinue, alter, or amend the alternative work schedule for any reason at any time at its sole discretion.

3. The Police Chief shall have sole discretion to assign employees on light duty assignments to a work schedule of the Police Chief’s choosing including the standard five day, eight hour work schedule.

XXVIII. NEWARK POLICE ASSOCIATION RELEASE TIME
Upon request by the Newark Police Association (NPA), release time may be granted at the discretion of the Police Chief.

XXIX. AUTHORIZED REPRESENTATIVES FOR THE PURPOSE OF ADMINISTERING THE 39 TERMS AND CONDITIONS OF THIS MEMORANDUM OF UNDERSTANDING A. Management's principal authorized agent shall be the City Manager or their duly designated representative except where a particular management representative is otherwise designated.

B. The Association's principal authorized agent shall be the President of the N.P.A. and/or their duly designated representative.

XXX. CARRYOVER TERMS
The provisions of the MOU between the City of Newark and the Newark Police Association will remain in effect until the adoption of a successor agreement or until exhaustion of the impasse process whichever occurs later.

XXXI. MANAGEMENT RIGHTS
The exercise by the City through its City Council and management representatives of its rights hereunder shall not in any way be directly or indirectly subject to the grievance procedure herein, except for specific provisions addressed in other clauses of this Memorandum of Understanding.

The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, provided that this clause shall not supersede any other provisions of this Memorandum of Understanding.

The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not expressed in provisions of this Memorandum; and such decision-making shall not be in any way, directly or indirectly, subject to the grievance procedure contained herein.

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this Memorandum of Understanding, to direct its employees to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the method, means and personnel by which the City services are to be provided, 40 including the right to schedule and assign work and overtime and to otherwise act in the interest of efficient service to the community.

XXXII. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES

INTERNAL REVENUE CODE
A. Pick-up of Employee Contributions

1. Pursuant to the provisions of this Agreement, the employer shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the employer in lieu of employee contributions.

2. Employee contributions made under Paragraph 1 of this Article shall be paid from the same source of funds as used in paying the wages to affected employees.

3. Employee contributions made by the employer under Paragraph 1 of this Article shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.

4. The employee does not have the option to receive the employer contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

B. Wage Adjustment
Notwithstanding any provision in the current agreement on the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the employer pursuant to the provisions hereof.

C. Limitations to Operability
This Article shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.

XXXIII. FULL UNDERSTANDING MODIFICATION AND WAIVER
The parties to this Memorandum of Understanding acknowledge and agree that this Memorandum constitutes the result of meetings and conferring in good faith in accordance with Section 3500 et seq of the Government Code of the 41 State of California and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this Memorandum. This Memorandum supersedes and replaces all prior Memoranda of Understanding executed heretofore. The Memorandum of Understanding contains the full and entire understanding of the parties regarding the matters set forth herein.

Existing practices and/or benefits which are not referenced in the Memorandum of Understanding and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process. The City shall not make any changes unless warranted by operational necessity.

XXXIV. TRANSFER
Transfers to or from the Department shall not be made in positions represented by the Association.

XXXV. PROMOTION
Effective June 1, 1995, and thereafter, promotional examinations for Police Sergeant shall be closed to participation from outside the department. The City shall have the sole discretion to hold a closed promotional or open recruitment to fill positions above the level of Police Sergeant.

XXXVI. NON-DISCRIMINATION
The parties agree, that they, and each of them, shall not discriminate against to the extent prohibited by law because of political or religious opinions or affiliations, or because of racial or national origin, or because of age or sex or disability, or because of membership in the Association or any other activities on behalf of the Association.

XXXVII. PROVISION REGARDING AMERICANS WITH DISABILITIES ACT A. Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Agreement or process that may be disregarded in order for the City to avoid discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment.

B. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these 42 proposed accommodations prior to implementation by the City.

C. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance/arbitration procedure.

D. Prior to disregarding any provision of this Agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to disregard the provision.

XXXVIII.SEPARABILITY
Notwithstanding any other provisions in this Agreement to the contrary, in the event that any Article or subsections thereof, of this Agreement shall be declared invalid by any Court of competent jurisdiction, or by any applicable state or federal law or regulation, or should a decision by any Court of competent jurisdiction, or any applicable state or federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the City, the parties shall meet-and-confer on the Article or subsections thereof affected. In such event, all other provisions of this Agreement not affected shall continue in full force and effect.

On Behalf of the City:
__________________________
David Benoun, City Manager
On Behalf of the NPA:
_______________________________
Steven Losier, NPA President
_____________________
Date
_____________________
Date

ATTACHMENT A

NEWARK POLICE ASSOCIATION

REGULAR FULL-TIME/PART TIME CLASSIFICATONS
Animal Control Officer
Community Service Officer
Police Officer
Police Records Supervisor
Police Sergeant
Property and Evidence Technician
Public Safety Clerk
Public Safety Dispatcher
Public Safety Dispatch Supervisor
Red Light Photo Enforcement Technician
Vehicle Abatement Officer

ATTACHMENT B

NEWARK POLICE ASSOCIATION SALARY SCHEDULES
(Effective Dates: 7/01/2025, 7/01/2026, and 7/01/2027)
Salary Schedule Effective 7/01/2025
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 42.90 3,432.00 89,232.00 45.05 3,604.00 93,704.00 47.30 3,784.00 98,384.00 49.67 3,973.60 103,313.60 52.15 4,172.00 108,472.00 Community Service Officer 43.39 3,471.20 90,251.20 45.55 3,644.00 94,744.00 47.83 3,826.40 99,486.40 50.22 4,017.60 104,457.60 52.74 4,219.20 109,699.20 Police Officer 63.11 5,048.80 131,268.80 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 Police Records Supervisor 48.39 3,871.20 100,651.20 50.80 4,064.00 105,664.00 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Police Sergeant 76.54 6,123.20 159,203.20 80.37 6,429.60 167,169.60 84.38 6,750.40 175,510.40 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 Property and Evidence Technician 41.85 3,348.00 87,048.00 43.94 3,515.20 91,395.20 46.13 3,690.40 95,950.40 48.45 3,876.00 100,776.00 50.87 4,069.60 105,809.60 Public Safety Clerk 40.83 3,266.40 84,926.40 42.87 3,429.60 89,169.60 45.01 3,600.80 93,620.80 47.26 3,780.80 98,300.80 49.63 3,970.40 103,230.40 Public Safety Dispatcher 50.09 4,007.20 104,187.20 52.60 4,208.00 109,408.00 55.22 4,417.60 114,857.60 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 Public Safety Dispatcher
Supervisor

57.90 4,632.00 120,432.00 60.79 4,863.20 126,443.20 63.83 5,106.40 132,766.40 67.01 5,360.80 139,380.80 70.37 5,629.60 146,369.60 Red Light Photo Enforcement
Technician

41.63 3,330.40 86,590.40 43.71 3,496.80 90,916.80 45.90 3,672.00 95,472.00 48.19 3,855.20 100,235.20 50.61 4,048.80 105,268.80 Vehicle Abatement Officer 34.29 2,743.20 71,323.20 35.99 2,879.20 74,859.20 37.80 3,024.00 78,624.00 39.70 3,176.00 82,576.00 41.67 3,333.60 86,673.60 Salary Schedule Effective 7/01/2026
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 44.40 3,552.00 92,352.00 46.63 3,730.40 96,990.40 48.96 3,916.80 101,836.80 51.41 4,112.80 106,932.80 53.98 4,318.40 112,278.40 Community Service Officer 44.91 3,592.80 93,412.80 47.14 3,771.20 98,051.20 49.50 3,960.00 102,960.00 51.98 4,158.40 108,118.40 54.59 4,367.20 113,547.20 Police Officer 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 Police Records Supervisor 50.08 4,006.40 104,166.40 52.58 4,206.40 109,366.40 55.21 4,416.80 114,836.80 57.97 4,637.60 120,577.60 60.88 4,870.40 126,630.40 Police Sergeant 80.37 6,429.60 167,169.60 84.39 6,751.20 175,531.20 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 Property and Evidence Technician 43.31 3,464.80 90,084.80 45.48 3,638.40 94,598.40 47.74 3,819.20 99,299.20 50.15 4,012.00 104,312.00 52.65 4,212.00 109,512.00 Public Safety Clerk 42.26 3,380.80 87,900.80 44.37 3,549.60 92,289.60 46.59 3,727.20 96,907.20 48.91 3,912.80 101,732.80 51.37 4,109.60 106,849.60 Public Safety Dispatcher 52.59 4,207.20 109,387.20 55.23 4,418.40 114,878.40 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 Public Safety Dispatcher
Supervisor

60.80 4,864.00 126,464.00 63.83 5,106.40 132,766.40 67.02 5,361.60 139,401.60 70.36 5,628.80 146,348.80 73.89 5,911.20 153,691.20 Red Light Photo Enforcement
Technician

43.09 3,447.20 89,627.20 45.24 3,619.20 94,099.20 47.51 3,800.80 98,820.80 49.88 3,990.40 103,750.40 52.38 4,190.40 108,950.40 Vehicle Abatement Officer 35.49 2,839.20 73,819.20 37.25 2,980.00 77,480.00 39.12 3,129.60 81,369.60 41.09 3,287.20 85,467.20 43.13 3,450.40 89,710.40 Attachment B
CITY OF NEWARK SALARY SCHEDULES (Page 2 of 2)
Salary Schedule Effective 7/01/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 45.95 3,676.00 95,576.00 48.26 3,860.80 100,380.80 50.67 4,053.60 105,393.60 53.21 4,256.80 110,676.80 55.87 4,469.60 116,209.60 Community Service Officer 46.48 3,718.40 96,678.40 48.79 3,903.20 101,483.20 51.23 4,098.40 106,558.40 53.80 4,304.00 111,904.00 56.50 4,520.00 117,520.00 Police Officer 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 84.58 6,766.40 175,926.40 Police Records Supervisor 51.83 4,146.40 107,806.40 54.42 4,353.60 113,193.60 57.14 4,571.20 118,851.20 60.00 4,800.00 124,800.00 63.01 5,040.80 131,060.80 Police Sergeant 84.39 6,751.20 175,531.20 88.61 7,088.80 184,308.80 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 102.56 8,204.80 213,324.80 Property and Evidence Technician 44.83 3,586.40 93,246.40 47.07 3,765.60 97,905.60 49.41 3,952.80 102,772.80 51.91 4,152.80 107,972.80 54.49 4,359.20 113,339.20 Public Safety Clerk 43.74 3,499.20 90,979.20 45.92 3,673.60 95,513.60 48.22 3,857.60 100,297.60 50.62 4,049.60 105,289.60 53.17 4,253.60 110,593.60 Public Safety Dispatcher 55.22 4,417.60 114,857.60 57.99 4,639.20 120,619.20 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 67.12 5,369.60 139,609.60 Public Safety Dispatcher Supervisor 63.84 5,107.20 132,787.20 67.02 5,361.60 139,401.60 70.37 5,629.60 146,369.60 73.88 5,910.40 153,670.40 77.58 6,206.40 161,366.40 Red Light Photo Enforcement
Technician

44.60 3,568.00 92,768.00 46.82 3,745.60 97,385.60 49.17 3,933.60 102,273.60 51.63 4,130.40 107,390.40 54.21 4,336.80 112,756.80 Vehicle Abatement Officer 36.73 2,938.40 76,398.40 38.55 3,084.00 80,184.00 40.49 3,239.20 84,219.20 42.53 3,402.40 88,462.40 44.64 3,571.20 92,851.20 Salaries are based on a 40-hour workweek for non-sworn NPA employees. Salaries listed for sworn NPA employees are based upon workweeks as defined in MOU

CITY OF NEWARK

PERSONNEL RULES

AND REGULATIONS
Resolution No. 3513 as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/98), No. 6844 (1/94), No. 7164 (2/96), No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24).

TABLE OF CONTENTS

PERSONNEL SYSTEM RULES AND REGULATIONS
RULE I Purpose and Definitions 1
RULE II General Provisions
Section 1 - Memorandum of Understanding 3
Section 2 - Violation of Rules 4
Section 3 - Application of Rules 4
Section 4 - Outside Employment 4
Section 5 - Conflict of Interest due to Personal Relationships 4 Section 6 - Amendment of Rules 4
RULE III Classification
Section 1 - Preparation of Plan 4
Section 2 - Adoption of Plan 5
Section 3 - Allocation of Positions 5
Section 4 - New Positions 5
Section 5 - Reclassification 5
Section 6 - Amending the Classification Plan 5
RULE IV Compensation
Section 1 - Preparation of Plan 5
Section 2 - Approval of Compensation Levels 6
Section 3 - Only Authorized Compensation 6
Section 4 - Oath of Office 6
RULE V Applications and Applicants
Section 1 - Announcement of Examination 6
Section 2 - Minimum Qualifications 6
Section 3 - Disqualification 7
RULE VI Examinations
Section 1 - Nature and Types of Examinations 7
Section 2 - Promotional Examinations 7
Section 3 - Scoring 8
Section 4 - Notification of Examination Results 8
RULE VII Eligible List
Section 1 - Establishment 8
Section 2 - Types of Eligible Lists 8
Section 3 - Duration of Eligible List 9
Section 4 - Removal of Name from Eligible List 9
Section 5 - Alternate Eligible List 10
RULE VIII Appointment
Section 1 - Appointment Authority 10
Section 2 - Appointment from Eligible List 10
Section 3 - Promotional Appointments 10
Section 4 - Regular Full-time Appointment 11
Section 5 - Regular Part-time Appointment 11
Section 6 - Temporary Appointment 11
Section 7 - Exempt Service Appointment 12
Section 8 - Emergency Appointment 12
RULE IX Probationary Period
Section 1 - Objective 12
Section 2 - Duration 12
Section 3 - Rejection Following Promotion 12
Section 4 - Extension of Probationary Period 13
RULE X Attendance and Leaves
Section 1 - Military Leave 13
Section 2 - Leave of Absence Without Pay 13
Section 3 - Attendance 14
Section 4 - Jury Duty 14
RULE XI Compensation Adjustments
Section 1 - Application of Compensation Rates 15
Section 2 - Advancement 15
Section 3 - Anniversary Date 15
Section 4 - Withholding Advancement 16
Section 5 - Promotion 16
Section 6 - Demotion 16
Section 7 - Reclassification 16
Section 8 - Attachment of Wages 17
RULE XII Transfer, Promotion, and Reinstatement
Section 1 - Transfer 17
Section 2 - Promotion 17
Section 3 - Reinstatement 17
RULE XIII Separation from the Service
Section 1 - Dismissal 17
Section 2 - Resignation 18
Section 3a - Layoff 18
Section 3b - Work Schedule Reductions 18
Section 4 - Personnel Reduction Procedures 18
RULE XIV Cooperation
Section 1 - Cooperation of Municipal Officers and Employees 26 RULE XV Administrative Regulations
Section 1 - City Manager 26
Section 2 - Departmental Regulations 26
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 1 CITY OF NEWARK

PERSONNEL SYSTEM RULES AND REGULATIONS
RULE I

PURPOSE AND DEFINITIONS

RULE I-A PURPOSE
The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government.

These rules set forth in detail those procedures which ensure similar treatment for those who compete for original employment and promotion, and define the obligations, rights, privileges, benefits and prohibitions which are placed upon all employees in the Competitive Service of the City.

At the same time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that no two individuals react alike to reward and discipline or to uniform motivation and encouragement. For this reason, considerable latitude shall be given to the Personnel Officer in the execution of their duties and responsibilities relating to employee morale and discipline.

RULE I-B DEFINITION OF TERMS
The terms used in these Rules shall have the same meaning as defined below:
(a) Advancement in salary: a salary increase within the limits of a salary range established for a classification.
(b) Advancement in Classification Series: advancing from one level to a higher level within the same, flexibly staffed, classification series.
(c) Allocation: the assignment of a single position to a specific classification in accordance with the duties performed and the authority and responsibilities exercised.
(d) Anniversary Date: the date used to compute eligibility for salary advancement or other changes in status, as established in the provisions of these Rules.
(e) Candidate: an applicant participating in the selection process. (f) Classification: a position or group of positions with duties and responsibilities so similar that the same title, example of duties, Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 2 qualifications, and salary range can be applied with equity. (g) Clerical Employee: shall be specifically defined as any employee in the following classification: Administrative Support Specialist I, II and Senior, Administrative Assistant, Executive Assistant, Public Safety Clerk, Senior Public Safety Clerk, and other related classifications as designated by the Personnel Officer.
(h) Close Relative: husband, wife, domestic partner, son, daughter, sister, brother, mother, father, stepfather, stepmother, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or grandparent-in-law.
(i) Competitive Service: the positions specified in the Classification Plan as being in the competitive service.
(j) Demotion: the change in status of an employee from a position in one classification to a position in a different classification having a lower maximum rate of salary.
(k) Eligible List: a list of names of persons who are eligible for appointment to a particular classification pursuant to the Rules.
(l) Examination: any test or combination of tests used to measure particular qualifications of applicants for a position.
(m) Exempt Service: the positions, officials, and employees generally not subject to the provisions of Rules and the resolutions adopted pursuant thereto, as set forth in the Personnel Ordinance.
(n) Regular Employee: an employee who has successfully completed the probationary period and has been retained as provided in these Rules. (o) Personnel Ordinance: City of Newark, California Ordinance No. 77 which creates a personnel system for the City.
(p) Probationary Period: a working, on-the-job test period during which an employee is required to demonstrate fitness for the duties of the position to which the employee was appointed by actual performance of the duties of the position.
(q) Promotion: the change in status of an employee from a position in one classification to a position in a different classification having a higher maximum rate of salary.
(r) Reclassification: the change in allocation of an individual position in one classification to another classification, on the basis of significant change in the kind or difficulty of duties and responsibilities of the initial position.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 3 (s) Reduction in salary: a decrease in salary, within the salary range established for classification.
(t) Regular Part-Time Appointment: an appointment to a position that is scheduled to work less than the standard work week for a full-time employee on a year-round continuous basis for an unspecified period of time.
(u) Reinstatement: the re-employment of a former regular employee from a reinstatement list.
(v) Seniority: an employee's accumulated time spent in active service to the City, during which the employee was maintained on the City payroll, excluding that time spent on leave of absence as provided in these Rules. (w) Suspension: the temporary separation of an employee from the service without salary for disciplinary purposes.
(x) Temporary Appointment: an appointment of a person to a position for a limited period of time. Temporary appointments may be for a limited term not to exceed six (6) months per fiscal year, casual term not to exceed 1000 hours per fiscal year, or an extended term not to exceed five years.

Temporary employees are exempt from competitive service of the City. (y) Transfer: the change in status of an employee from one position in a classification to another position in the same or a different classification having essentially the same salary range, requiring the performance of similar duties, and the same basic qualifications.
(z) Working Day: a day during which the employee is or would have been regularly scheduled to report to work.

RULE II

GENERAL PROVISIONS
Section 1 MEMORANDUM OF UNDERSTANDING
In the event that any provisions of these Rules concerning matters within the scope of representation as set forth in the Employer-Employee Relations Ordinance No. 115 of the City of Newark, California, conflict with any provisions in any Memorandum of Understanding approved by the City Council and in effect between the City and a formally recognized employee organization, the terms of the Memorandum of Understanding shall prevail.

Section 2 VIOLATION OF RULES
Violations of the provisions of these rules shall be grounds for dismissal, rejection, Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 4 suspension, or other disciplinary action.

Section 3 APPLICATION OF RULES
Unless specified in the content, these Rules shall be applied to all positions and employees in the competitive service of the City of Newark. Unless otherwise specified, these Rules do not apply to exempt employees.

Section 4 OUTSIDE EMPLOYMENT
No member of the competitive or exempt service shall accept or continue employment from an entity other than the City of Newark without specific approval of the City Manager. The City Manager may approve outside employment where they find it creates no substantial conflict with the City of Newark employment. Members of the competitive service employed on the effective date of this resolution shall have 60 days within which to comply with the resolution.

Section 5 CONFLICT OF INTEREST – COUNCIL AND CITY MANAGER A close relative of any member of the City Council or the City Manager shall not be appointed to any regular or exempt position with the City. An application for employment of any close relative of any members of the City Council shall not be accepted until the end of one year following the termination of service of that member of the City Council.

Conflict of interest rules applicable to exempt and non-exempt employees are provided by internal policy.

Section 6 AMENDMENT OF RULES
Amendments and revisions shall become effective upon adoption of a resolution by the City Council.

RULE III

CLASSIFICATION
Section 1 PREPARATION OF PLAN
The Personnel Officer, or a person or agency employed, retained or contracted with for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and all other positions they deem it desirable to include, and after consultation with heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service and any other positions the Personnel Officer deems it desirable to include defined by class responsibilities of positions in each class, the probationary period, a statement of the training, experience and other qualifications to be required of applicants for positions in each class. The classification plan shall be so Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 5 developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply equitably under like working conditions to all positions in the same class.

Section 2 ADOPTION OF PLAN
The Classification Plan was established and approved by the City Council on February 28, 1963 (Resolution No. 943) and became effective March 11, 1963. The provisions of the classification plan shall be observed in the handling of all personnel actions and activities. The classification plan shall be amended or revised as occasion requires.

Section 3 ALLOCATION OF POSITIONS
Following the adoption of the classification plan, the Personnel Officer shall allocate every position in the competitive service to one of the classes established by the plan.

Section 4 NEW POSITIONS
No person shall be appointed or employed to fill any position until the classification plan has been amended and an appropriate eligible list has been established for such position.

Section 5 RECLASSIFICATION
Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Personnel Officer to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassification shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions.

Section 6 AMENDING THE CLASSIFICATION PLAN
The City Manager or designee may create new classes or abolish existing classes.

The Personnel Officer or designee may revise existing classes.

RULE IV

COMPENSATION
Section 1 PREPARATION OF PLAN
The Personnel Officer or the person or agency employed, retained or contracted with for that purpose shall prepare a compensation plan covering all classes of positions in the competitive service and any other positions they deem desirable to include not covered by Memoranda of Understanding as provided in City of Newark Ordinance No. 115 establishing a system for Employer-Employee Relations. This plan shall cover the minimum and maximum rates of pay, employee benefits payable, and hours of work for Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 6 the classifications covered.

Section 2 APPROVAL OF COMPENSATION LEVELS
The City Council shall, by resolution, implement a compensation plan for classifications not represented by a recognized bargaining unit or arrived at through meeting and conferring with recognized bargaining units, specifying the compensation levels for all classifications in the competitive and exempt service of the City of Newark. No position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that classification unless the compensation level is amended by a subsequent City Council resolution.

Section 3 ONLY AUTHORIZED COMPENSATION
No member of the competitive service shall accept anything of value for the performance of his/her official duties and acts or other acts performed while at work for the City of Newark except compensation duly authorized by the City Council.

Section 3 OATH OF OFFICE
No compensation shall be paid to any employee who has not executed or affirmed an oath of office.

RULE V

APPLICATIONS AND APPLICANTS
Section 1 ANNOUNCEMENT OF EXAMINATION
When necessary to establish an eligibility list, the Personnel Officer shall prepare a job announcement which shall specify the position title, nature of duties, minimum qualifications, rate of compensation, application procedure, and other pertinent information. Suitable and effective methods of distributing information relative to job openings to secure the most qualified candidates available for competition shall be practiced.

Section 2 MINIMUM QUALIFICATIONS
The minimum qualifications established by the Personnel Officer in recruitment for a position in the competitive service shall be those shown for the classification in the Classification Plan.

Section 3 DISQUALIFICATION
The Personnel Officer shall reject any applicant before, during, or after examination for the following reasons:
(a) Indication on the face of the application that the applicant does not Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 7 possess the minimum qualifications required for the position. (b) False statement of material fact or actual or attempted deception, fraud or misconduct in connection with the application or examination. (c) Failure to file the application prior to the expiration of the application deadline.

Whenever an application is rejected, notice of such rejection with statement of reason for the rejection shall be made to the applicant. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired.

RULE VI

EXAMINATIONS
Section 1 NATURE AND TYPES OF EXAMINATIONS
The examination process shall be impartial, of a practical nature, and shall relate to those subjects which in the opinion of the Personnel Officer fairly measure the relative capacities of persons examined to execute the duties and responsibilities of the position to which they seek appointment.

In examining persons for positions in the competitive service, promotional, open, and continuous examinations may be used when practical and consistent with the best interest of the service.

Examinations shall consist of selection techniques which test fairly the qualifications of candidates, such as but not necessarily limited to achievement and aptitude tests, other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests except as limited by applicable State law. The probationary period shall be considered as an extension of the examination process.

Section 2 PROMOTIONAL EXAMINATIONS
Candidates for promotional examinations must possess minimum qualifications required for the new position. Only competitive service employees or former employees who were subject to layoff within the last 24 months who meet the requirements set forth in the promotional examination announcements may compete in the promotional examination.

Promotional examinations may include the types of tests listed in Section 1 of this Rule, evaluations of actual performance appraisals of promotional potential, and accomplishments of the candidate in special training courses.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 8 Section 3 SCORING
The Personnel Officer shall establish the lowest qualifying score on individual tests or the entire examination in accord with the needs of the service. The Personnel Officer may include as part of the examination tests which are qualifying only.

Failure in any one part of the examination may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of the examination, if such fact is stated in the examination announcement.

The overall scoring of an examination shall be in accord with the method of scoring specified in the examination announcement.

Section 4 NOTIFICATION OF EXAMINATION RESULTS
Each candidate in an examination shall be given written notice of the results thereof.

RULE VII

ELIGIBLE LIST
Section 1 ESTABLISHMENT
The Personnel Officer shall prepare and maintain eligible lists consisting of the names of candidates who qualified in the examination.

Section 2 TYPES OF ELIGIBLE LISTS
Eligible lists shall be of three types:
(a) Open Lists. These lists consist of eligible candidates who have successfully competed in an examination open to any person. (b) Promotional Lists. These lists consist of City employees or former employees who were subject to layoff within the last 24 months who have successfully competed in a promotional examination.
(c) Reinstatement Lists. These lists consist of persons who have been separated from service as the result of a reduction in work force (lay-off).

Refer to Rule XIII, Section 4 for information pertaining to the reinstatement list.

Section 3 DURATION OF ELIGIBLE LISTS
Eligible lists shall remain in effect for a minimum period of six (6) months, unless sooner exhausted or abolished by the Personnel Officer. Eligible lists may be extended up to a maximum of two (2) years.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 9 Whenever there are three (3) or fewer candidates on an eligible list, the Personnel Officer may abolish that list. Multiple active eligible lists may be created for the same classification in which the recruitment is continuous, to provide for one open and one promotional eligible list for each classification or unique positions utilizing the same classification but with varying functions within the City. No more than two active lists, one open and one promotional, shall exists for the same classification and/or unique functional position.

Section 4 REMOVAL OF NAME FROM ELIGIBLE LIST
This section applies to open and promotional lists only. Refer to Rule XIII, Section 4 for information pertaining to reinstatement lists.

Names of candidates may be removed from an eligible list by the Personnel Officer for any of the following reasons:
(a) Upon written request of the candidate.
(b) Upon evidence that the candidate cannot be located via the contact information provided by the candidate.
(c) Failure of the candidate to respond to an inquiry within the designated time.
(d) Failure to accept an offer of appointment.
(e) Termination of an employee whose name is on a promotional eligible list. (f) Failure of background investigations or polygraph examinations. (Polygraph examinations are used for certain public safety positions only) (h) Appointment from the eligible list to a regular full-time status position. (i) Failure to pass the medical examination or psychological examination following a conditional offer of employment.
(j) Upon recommendation from the hiring department after an interview determining their knowledge, skills, and/or abilities do not meet minimum qualifications.

Section 5 ALTERNATE ELIGIBLE LIST
If a vacancy exists in a class for which there is no reinstatement list, open eligible list, promotional eligible list, or there are less than three candidates available on an open or promotional eligible list, the Personnel Officer may prepare an appropriate eligible list for the class from one or more existing eligible lists. For this purpose, the Personnel Officer shall select eligible lists for classes for which minimum qualifications and examinations are similar to or higher than those required for the class in which the vacancy exists.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 10 RULE VIII

APPOINTMENT
Section 1 APPOINTMENT AUTHORITY
If a position vacancy in the competitive service is to be filled, the department head shall notify the Personnel Officer in the manner prescribed. If the vacancy is to be filled and there is no reinstatement list, the Personnel Officer shall decide how to fill the vacancy according to applicable Rules, regulations, and Memoranda of Understanding.

Section 2 APPOINTMENT FROM ELIGIBLE LIST
When it is the decision of the Personnel Officer to fill a position vacancy by appointment from an eligible list, and there is no reinstatement list for the position classification, the Personnel Officer shall certify an open or promotional eligible list to the department head. The names of candidate will appear alphabetically. under a qualification category based on final examination scores. The Personnel Officer shall determine the appropriate grouping of candidates under qualification categories based on final examination scores. The appointing authority may appoint any eligible candidate on an open or promotional list regardless of rank or final score.

A candidate on an eligible list may request to be waived from consideration for a particular vacancy for reasons satisfactory to the Personnel Officer. Satisfactory reasons may include but are not limited to medical, family leave, or completion of education or a specialized training program. If the reasons for the request for waiver are not approved by the Personnel Officer, then the eligible candidate's name shall be removed from the eligible list. Waivers must be filed in writing with the Personnel Officer.

Section 3 PROMOTIONAL APPOINTMENTS
An employee who leaves a position to accept appointment to another classification shall be separated from the position they formerly held; provided, however, that any such employee, at the discretion of the Personnel Officer, within the probationary period, upon request and with approval of the department or departments concerned, may be reinstated in any vacancy in the same division and class from which they were separated. This section shall not preclude an employee from displacing an employee in the lower class from which the employee was promoted in the event of a reduction in work force provided the displacing employee has seniority rights over the employee in the lower classification. (Refer to Rule XIII)
Section 4 REGULAR FULL-TIME APPOINTMENT
Appointments to an authorized position budgeted on a full-time basis, 40 hours-a-week (or a full-time schedule equivalent), shall be made from an appropriate eligible list or through eligible reinstatement and shall be subject to the approval of the Personnel Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 11 Officer. Employees appointed on this basis shall be included in the competitive service of City employment, shall serve a probationary period, and shall receive all rights and benefits outlined in personnel policy documents and appropriate memoranda of understanding or compensation and benefit plans.

Section 5 REGULAR PART-TIME APPOINTMENT
Appointments to authorized positions budgeted and regularly scheduled for 20 hours or more per week (or a half-time or more schedule equivalent) but for less than 40 hours per week (or a full-time schedule equivalent) on a year-round continuous basis for an unspecified period of time, shall be made from an appropriate eligible list and shall be subject to the approval of the Personnel Officer.

Regular part-time employees appointed from an eligible list may be considered for appointment to a regular full-time position in the same classification subject to the approval of the City Manager. Service time earned as a regular part-time employee will be considered in calculating City seniority provided that the part-time service is contiguous with the full-time appointment.

Section 6 TEMPORARY APPOINTMENT
Temporary appointments may be designated as Limited Term, Temporary, or CalPERS Retired Annuitant or by emergency appointment. These designations are further defined in the City’s regulations.

Temporary employees shall be considered exempt and may be terminated from employment with the City with or without cause or notice, at any time, at the will of the City in its sole discretion. Such action shall not be made in accord with the formal provisions of these Rules or the personnel ordinance.

With the exception of Limited Term designated employees, temporary employees receive no insurance, leave, or other benefits except those mandated by law.

Employees appointed on an extended temporary basis to a full-time position in the competitive service for a period of more than twelve months shall receive the same benefits as full-time employees in the same classification.

No special credit shall be allowed for service rendered under a temporary appointment except as provided in memoranda of understanding. Employees serving a temporary appointment shall be exempt from tenure, disciplinary proceedings, transfer, and removal provisions of these rules and from provisions regarding probation.

Section 7 EXEMPT SERVICE APPOINTMENT
The City Manager shall appoint, discipline, or dismiss persons in the exempt service.

Section 8 EMERGENCY APPOINTMENT
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 12 To meet the immediate requirements of an emergency condition such as an extraordinary fire, flood, or earthquake, or which threatens public life or property, any legally competent officer or employee may employ such persons as may be needed for the duration of the emergency without regard to the Municipal Code or Rules affecting appointment. As soon as possible, such appointment shall be reported to the Personnel Officer.

RULE IX

PROBATIONARY PERIOD
Section 1 OBJECTIVE
The probationary period shall be regarded as an intrinsic part of the examination process and shall be utilized for closely observing the employee's capability for performing the duties of the position. A probationary employee whose performance does not meet the required standards shall be released from employment. A person who has completed the probationary period as prescribed for their classification shall assume regular status in the competitive service.

Section 2 DURATION
All appointments to positions in the competitive service shall be subject to a probationary period. The regular probationary period shall be six (6) months but longer periods may be specified in individual classification descriptions and shall apply to all positions in that classification.

Section 3 REJECTION FOLLOWING PROMOTION
Any employee rejected for failure to meet the requirements of the position during the probationary period following a promotional appointment shall be re-instated to the position from which they were promoted unless disciplinary charges are filed and the employee is terminated from the competitive service.

Section 4 EXTENSION OF PROBATIONARY PERIOD
If a probationary employee is on leave of absence for more than twenty (20) working days cumulatively, the probationary period of that employee shall be extended for a period commensurate with the length of the leave of absence.

Probation may also be extended in order to provide additional time for training and skill evaluation. The maximum a probation period may be extended, in addition to a leave of absence extension as discussed above, is six months.

RULE X
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 13 ATTENDANCE AND LEAVES
Refer to the applicable Employment Contracts, Memorandum of Understanding and/or Compensation and Benefits Plan for the leaves entitled to employees in the competitive and exempt service. In addition to those specified, employees shall be entitled to additional leaves as provided in this Rule X.

Section 1 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of state and federal law.

All employees entitled to military leave shall give the department head an opportunity within the limits of military regulations to determine when such leave shall be taken.

Section 2 LEAVE OF ABSENCE WITHOUT PAY
Leaves of absence without pay may be granted as follows:
(a) Human Resources will grant leaves of absence without pay upon the request of eligible employees in accordance with mandated protected leaves such as Military Leave (USERRA), Pregnancy Disability Leave (PDL), the Family and Medical Leave Act (FMLA), and the California Family Rights Act (CFRA).
(b) Human Resources will grant maternity leave with and/or without pay for up to a total of nine months in duration (including time covered by protected leaves) when the employee applies for such leave stating the intention to return to work and provides appropriate medical certification verifying the pregnancy. The nine months of maternity leave includes time off during PDL, FMLA, and CFRA and is not in addition to covered protected leave. (c) Department heads may grant unprotected leaves of absence without pay upon the request of the employee for any purpose not contrary to the best interest of the City where such leave does not adversely affect the needs of City services, does not extend for more than seven consecutive calendar days, and does not occur in frequency more than twice in any calendar year. (d) The City Manager may grant a leave of absence upon request of the employee and with the recommendation of the Department Head of up to one year beyond protected leaves, where such leave would not unduly affect the needs of City services, and that such leave would be of benefit to the City.
(e) Employees may request to keep a combined total of one week (up to forty hours depending on work schedule) of vacation/general leave and/or compensatory time off (CTO) subject to Memorandum of Understanding provisions and department head approval. The request must be made when requesting a leave of absence without pay for use after returning from leave.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 14 Section 3 ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after notice to return shall be cause for termination.

Notice of termination shall be given to the employee at the employee’s address as shown on the employee’s personnel record by U.S. mail postage prepaid, return receipt requested.

Section 4 JURY DUTY
Unless otherwise specified in the applicable Memorandum of Understating and/or Compensation and Benefit Plans, a full-time employee summoned to jury duty shall inform their supervisor, after receipt of such summons, and if required to serve, may be absent from duty with full salary.

Regular part-time employees, upon completion of 1,040 work hours or one year of continuous active service, whichever occurs first, who are summoned to jury duty and required to serve, may be absent from duty with pay as follows:

Work Schedule Pay
20 – 25 work hours per week 4-5 hours of pay per day
30 - 35 work hours per week 6-7 hours of pay per day
Any jury duty pay other than mileage and subsistence received by the employee shall be remitted to the City.

RULE XI

COMPENSATION ADJUSTMENTS
Section 1 APPLICATION OF COMPENSATION RATES
Employees occupying a position in the competitive service shall be paid a compensation within the range established for that position's class under the Compensation Plan as provided by Rule V. The minimum rate for the class generally shall apply to employees upon original appointment. However, the Personnel Officer may, when Rule XIII or circumstances warrant it, appoint at other than the first step.

Officers and employees re-employed after layoff shall receive a rate within the range established for the class which reflects his/her their relative position within the range at time of separation from the competitive service.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 15 Section 2 ADVANCEMENT
No compensation advancement shall be made so as to exceed the maximum compensation rate established in the Compensation Plan for the class to which the employee's position is allocated. Advancement shall not be automatic, but shall depend upon increased service value of an employee to the City based on performance evaluations completed by their supervisor.

Employees whose pay is specified in a five-step pay range are eligible to be advanced to higher steps as merited by progressive improvement in job skills and work performance. The following time-in-step requirements shall apply before an employee gains eligibility for advancement in pay.

Step Time-In-Step Required
1 (at appointment)
2 6 months at Step 1
3 12 months at Step 2
4 12 months at Step 3
5 12 months at Step 4
When an employee demonstrates outstanding performance of their duties, that employee may be advanced in pay prior to completion of the above time in step requirements.

If an employee is on leave of absence without pay for more than 30 days, the time on leave shall be deducted from the employee's accumulated time in step requirement.

Section 3 ANNIVERSARY DATE
Each employee shall have an anniversary date of the first of the month as follows:

Employees appointed, promoted, reappointed, advanced in salary or otherwise the subject of a change in status, on or between the first and fifteenth day of the month inclusive, shall have the first day of that month as their anniversary date; employees appointed, promoted, reappointed, advanced in salary or otherwise the subject of change in status on or after the sixteenth and the last day of the month inclusive shall have the first day of the month immediately following as their anniversary date.

Section 4 WITHHOLDING ADVANCEMENT
Supervisors and their superiors have the authority and responsibility to recommend against an advancement in pay to the Personnel Officer if that advancement is not merited. Supervisors shall keep their employees informed about their job performance.

Good work should be given proper recognition. Deficient work should be clearly communicated to an employee as soon as practical with an offer of guidance and assistance toward improvement.

Section 5 PROMOTION
When an employee is promoted, the employee shall receive the first step in the salary Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 16 range for the new position, which is closest to but not less than 5% above their current, base salary. Should 5% above current salary exceed the maximum of the new salary range, the employee shall be placed within the new range at the maximum salary available. If the salary range does not have steps, the employee shall be given a minimum increase of 5% in base salary.

When an employee who has been promoted is rejected for failure to meet the requirements of the position during the probationary period, that employee's salary shall revert to the same step or position in the salary range of the position prior to promotion.

Section 6 DEMOTION
When an employee is demoted for other than disciplinary reasons, that employee shall be placed at a salary step or position in the salary range in the new lower classification which is closest to the salary rate held prior to demotion.

Section 7 RECLASSIFICATION
When a position is reallocated to a classification with a higher salary range, an incumbent employee's salary shall be placed at the step or position in the new range closest to their present salary rate. In no case shall the employee be placed at a step or rate lower than present salary.

When a position is reallocated to a classification with a lower salary range, the incumbent employee shall continue at present salary rate, if their present salary is within range of the reallocated classification. If the present salary rate of an incumbent employee exceeds the maximum of the new range, that employee's salary shall be ”Yrated” and the employee shall maintain their current salary until the salary of the reallocated classification advances to include the employee’s “Y-rated” salary, at which point the employee will move into the salary range of the reallocated classification.

The date of the reallocation shall become the new anniversary date.

Section 8 ATTACHMENT OF WAGES
All employees requiring wage attachments shall be charged with the City’s total administrative cost for processing any attachment of wages. Such charge shall be deducted from the employee’s paycheck from the City.

RULE XII

TRANSFER, PROMOTION, AND REINSTATEMENT
Section 1 TRANSFER
The Personnel Officer may transfer an employee from one position to another position in the same or comparable class. Transfer shall not be used for the purpose of avoiding the provisions of the personnel ordinance in these rules in regard to discipline, advancement, or reduction. No person shall be transferred to a position for which they Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 17 do not possess the minimum qualifications.

Section 2 PROMOTION
Insofar as practicable and consistent with the best interests of the service, all vacancies in the competitive service shall be considered to be filled by promotion from within the competitive service, after a promotional examination has been given and an eligible list established.

The Personnel Officer shall have the discretion to conduct an open competitive examination.

Section 3 REINSTATEMENT
With the approval of the Personnel Officer, an employee who has resigned with a good record may be reinstated within two years to their former position, if vacant, or to a vacant position in a class where they held permanent status.

RULE XIII

SEPARATION FROM THE SERVICE
Section 1 DISMISSAL
An employee in the competitive service may be dismissed by the City Manager.

Department heads may be dismissed by the City Manager subject to the approval of the City Council. The procedure utilized to effect a dismissal shall be in accordance with applicable law.

Section 2 RESIGNATION
An employee wishing to leave the competitive service in good standing shall file with their supervising official, at least two weeks before leaving the service, a written resignation stating the effective date. The resignation shall be forwarded to the Personnel Officer. The resignation of an employee who fails to give notice shall be reported to the Personnel Officer by the department head immediately.

Section 3a. LAYOFF
The City Manager may lay off an employee or employees in competitive service because of material change in duties or organization or shortage of work or funds. In making such layoffs, the Personnel Reduction Procedure shall be utilized.

Section 3b. WORK SCHEDULE REDUCTIONS (REDUCTIONS IN WORK HOURS) IN LIEU OF LAYOFF1
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 18 For unrepresented employees and NAME employees, work schedules may be reduced in lieu of layoffs. The number of work schedule reductions and the amount of each reduction will be limited to the minimum needed to achieve budget reductions within each department and are not intended to affect the majority of the workforce.

When regular full-time positions are reduced, first consideration will be given to 30 to 35 hour weekly work schedules. Reductions from regular full-time to regular part-time schedules of 20 to 25 hours per week will be limited to situations in which 30 to 35 hour work weeks do not meet budgetary needs. Work schedule reductions also include the reduction of regular part-time schedules of 30 to 35 hours per week to regular part-time schedules of 20 to 25 hours per week. The Personnel Reduction Procedure shall be utilized in administering work schedule reductions in lieu of layoff. 1 All references to work schedule reductions and rule/procedures regarding work schedule reductions in Rule XIII, Sections 3 and 4 apply to NAME, and unrepresented all regular City employees.

Section 4 PERSONNEL REDUCTION PROCEDURE
The Personnel Reduction Procedure shall be used whenever it becomes necessary to lay off a regular full-time or regular part-time employee from the competitive service or to reduce a limited number of employee work schedules in lieu of layoff because of shortage of work or funds, substantive change in duties or organization, curtailment or elimination of a public service activity, reorganization, or for other reasons. (a) Notification
This procedure shall apply to regular full-time, regular part-time and probationary employees. Notice of layoff or work schedule reduction in lieu of layoff shall be given to the affected employee and the employee association (or employee group) representing the employee at least thirty (30) calendar days prior to the effective date of layoff or work schedule reduction. The layoff notice or notice of work schedule reduction in lieu of layoff shall include a statement that the employee may have displacement rights.
(b1) Order of Layoff
The order of layoff shall be by classification within a department. In each classification in which a layoff is to occur, employees in the classification within the department shall be laid off in the following order:
(1) Temporary employees
(2) Probationary employees
(3) Regular employees in the order specified in subsection (c) and (d). (b2) Order of Work Schedule Reduction in Lieu of Layoff Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 19 The order of work schedule reduction in lieu of layoff shall be by classification within a department. In each classification in which such a work schedule reduction is to occur, employees in the classification within the department shall be subject to work schedule reduction as specified in subsection (c) and (d).
(c) Order of Layoff and Work Schedule Reduction in Lieu of Layoff for Regular Full-Time Employees
In any case in which there are two or more regular full-time employees in a full-time classification from which a layoff or work schedule reduction in lieu of layoff is to be made, the order of layoff or reduction shall be that the regular full-time employee with the least seniority in the classification within the department shall be laid off or subject to work schedule reduction first.

The order of layoff or reduction for regular full-time clerical employees shall be that the employee with the least seniority in the classification shall be laid off or subject to work schedule reduction first, regardless of department assignment.
(d) Order of Layoff and Work Schedule Reduction in Lieu of Layoff for Regular Part-Time Employees
In any case in which there are two or more regular part-time employees in a regular part-time classification from which a layoff or work schedule reduction in lieu of layoff is to be made, the order of layoff or reduction shall be that the regular part-time employee with the least seniority in the classification within the department shall be laid off or subject to work schedule reduction first. The order of layoff or reduction for regular part-time clerical employees shall be that the employee with the least seniority in the classification shall be laid off or subject to work schedule reduction first, regardless of department assignment.
(e) Seniority
(1) For the purpose of a reduction in work force, seniority includes all periods of regular full-time, regular part-time, and probationary service at or above the classification level where layoff, displacement or work schedule reduction in lieu of layoff is to occur and time served on military leave from the City. Seniority for regular part-time employment shall be prorated based on authorized work schedule. Periods of time during which an employee was on leave of absence without pay shall not be included in the calculation of seniority. For the purpose of layoff only, employees represented by NAME shall include as service time an employee's unpaid absence up to one year resulting from layoff, industrial injury, or other approved medical leave.
(2) For the purpose of layoff only, an employee in a higher classification shall have seniority rights over other employees in the next lower job Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 20 classification in a classification series provided that the employee previously held regular full-time status in the lower classification. (Classification series shall be defined as a specific classification with different levels of complexity such as a I, II, III or senior level, e.g.

Administrative Support Specialist I, Administrative Support Specialist II and Senior Administrative Support Specialist.)
(3) Employees appointed to regular part-time status on or before July 1, 1991 shall count service time in similar classifications prior to their regular part-time appointment when calculating job classification seniority.
(4) Regular full-time employees in a higher classification within a sworn police ladder shall have seniority rights over other employees in the next lower job classification in the career ladder provided that the employee previously held regular full-time status in the lower classification. (Career ladder shall be defined as the normal progression from an entry level position through the ranks of supervisor and management within a specific occupational group such as the sworn police career group.)
(5) Temporary and acting appointments to a classification shall not be construed as service in such classification.
(6) Whenever the effective date of appointment to a classification is the same for two or more employees, the date of appointment to the department, adjusted for unpaid leaves, shall be used to determine which employee has greater length of service within the classification.

If classification and department seniority are the same, the original date of hire with the City, adjusted for unpaid leaves, shall be used to determine seniority.
(7) Whenever the appointment date to a classification and the original date of hire with the City are the same for two or more employees, the highest overall score achieved on the eligibility list shall be used to determine who has the higher seniority. If scores are equal or unavailable, the determination of seniority shall be by lottery. (f) Displacement
A regular-full time and promotional probationary employee may displace (bump) employees within the same department (for purposes of layoff, Department shall be defined as those organizational units described as departments in the current year's budget or subsequently approved or recognized by City Council action) based on the following criteria:
(1) Regular full-time and promotional probationary employees shall have the right to displace (bump) employees in a lower full-time Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 21 classification within the same department provided the employee previously held regular full-time status in the lower classification. An employee in a clerical classification shall have the right to displace an employee in a lower level (lower in salary range) clerical classification in which they previously held regular status in any department. (2) Regular part-time and promotional probationary employees shall have the right to displace (bump) employees in a lower part-time classification within the same department provided the employee previously held regular part-time status in the lower classification. An employee in a clerical classification shall have the right to displace an employee in a lower level (lower in salary range) clerical classification in which they previously held regular part-time status in any department.

Regular part-time employees who were subject to work schedule reduction in lieu of layoff that previously held regular full-time status for six consecutive months shall have the right to displace (bump) employees in a lower part-time or full-time classification within the same department (or in any department for clerical classifications) provided the employee previously held regular status in the lower classification.
(3) A regular full-time and promotional probationary employee shall have the right to displace (bump) a regular part-time employee in the same class or lower classification in the classification series within the same department (for clerical classes regardless of department) if the regular full-time employee has more seniority within the classification series. A regular part-time employee has no rights to displace a regular full-time employee unless the regular part-time employee was subject to work schedule reduction in lieu of layoff and previously held regular full-time status for six consecutive months. Classification seniority for regular part-time employees shall be prorated based on authorized work schedule.
(4) A regular full-time employee hired directly into a higher job classification in a classification series may displace an employee in a lower classification within the classification series if the regular full-time employee has more seniority within the classification series than the employee occupying the lower level class. (Refer to Section (e)(2) for definition of classification series.)
A regular part-time employee who was subject to work schedule reduction in lieu of layoff who previously held regular full-time status for six consecutive months and who was hired directly into a higher job classification in a classification series may displace an employee in a lower classification within the classification series if the regular parttime employee has more seniority within the classification series than Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 22 the employee occupying the lower class. (Refer to Section (e)(2) for definition of classification series).
(5) Displacement rights afforded an employee shall include access to those classifications in which the employee has previously served but which may since have been retitled but where, as determined by the City, no substantive changes have been made in the duties or qualifications for the classification(s) in question.
(6) An alternative to layoff would be a voluntary demotion to a lower vacant classification. If a vacant position exists, the City Manager shall have the discretion to demote an employee to such position. To qualify for such a demotion, the employee must be fully qualified, trained, and capable of performing all work in the lower position as determined by the City. The salary assignment shall be based on the City's assessment of the employee's level of qualification within the lower level position salary range.

An alternative to layoff would be a voluntary work schedule reduction by a regular full-time employee in a classification identified for layoff or reduction by a department (or in any department for clerical classifications). The City Manager shall have the discretion to approve or deny such voluntary work schedule reductions. The Personnel Reduction Procedure for Work Schedule Reductions in Lieu of Layoff will apply to approved voluntary work schedule reductions as an alternative to layoff.
(7) Current regular full-time and part-time employees in the Building, Equipment, Parks and Landscape, and Streets work groups of the Maintenance Division, who have successfully completed probation by March 31, 2011, and who meet the minimum qualifications for Laborer or Landscape Inspector shall have the right to displace (bump) employees in the Laborer or Landscape Inspector classification. This displacement right is in addition to other displacement rights that may exist in accordance with Rule XIII, Section 4(f).
(g) Request For Displacement and Determination of Salary In order to displace to a former classification, an employee must request such action in writing to the Human Resources Department within seven calendar days of receipt of notice of layoff or work schedule reduction in lieu of layoff. An employee returning to a former classification shall be assigned to the step in the salary range for the lower classification that is closest to but does not exceed the employee's current rate of pay. In no case shall the salary be increased above that received by the employee in the class from which the employee is laid off.
(h) Reinstatement List
Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 23 (1) Order The names of persons laid off, displaced due to bumping, or subject to work schedule reduction in lieu of layoff in accordance with the Personnel Reduction Procedure shall be entered upon a Reinstatement List in the inverse order in which the layoff or reduction occurred. There shall be separate lists for regular full-time and regular part-time classifications. Lists from different times for the same classification shall be combined into a single list.

The names of persons subject to work schedule reductions in lieu of layoff shall be placed on a reinstatement list for full-time status or an increased work schedule in the same classification.
(2) Duration Names of persons laid off from their appointed position, displaced due to bumping, or subject to work schedule reduction in lieu of layoff shall be carried on a Reinstatement List for two years except that persons appointed to regular positions of the same classification and status as that from which laid off or reduced in hours shall, upon such appointment, be removed from the list. Employees who accept demotion or are recalled to a lower classification shall remain on the list for the higher classification until the list expires. Full-time employees who accept or are recalled to a part-time position shall remain on the list for recall to the regular full-time class from which laid off until the list expires.
(3) Recall Appointments shall be made from the Reinstatement List in the order they appear on the list when a vacancy arises in the same classification and department, provided the employee held regular status in that classification before selection is made from an eligible list. If there are no such employees available for reinstatement, a department shall appoint the next qualified employee on the Reinstatement List who previously held regular status in that classification.

Employees laid off, displaced due to bumping, or subject to work schedule reduction in lieu of layoff from clerical classifications shall be recalled or given increased work hours in inverse order of layoff or work schedule reduction when a vacancy arises in the same classification in any department.

Reinstatement may be subject to passing a medical examination if the layoff period exceeds twelve months.

Any person who does not respond within fourteen (14) calendar days to a letter offering reinstatement sent registered mail (return receipt requested) addressed to their last known address shall be removed from the list. If an employee elects to become reinstated, they shall report to work or return to an increased work schedule within thirty (30) Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 24 calendar days from notice to City that they will return to work.

An employee who is laid off or subject to work schedule reduction in lieu of layoff, when offered reinstatement, who is unable to accept due to medical reasons as certified by a physician, following the City engaging in the interactive process with the goal to return the employee to work, the employee may be granted an additional thirty (30) calendar days to report to work or return to an increased work schedule. When an employee is unable to return to work or return to an increased work schedule due to a medical condition within the sixty (60) calendar day period, the City shall recall the next employee on the Reinstatement List and the other former employee's name shall remain on the List and eligible for recall for the remaining duration of the two year period.

If an employee declines reinstatement to a regular position of the same classification and status or fails to report for work within the thirty (30) calendar day period, except for medical condition as specified herein, the employee's name shall be removed from the Reinstatement List and the City shall have no further obligation for employment.
(i) Reinstatement Rights for Regular Full-Time and Regular Part-Time Employees
(1) An employee reinstated from a layoff or work schedule reduction in lieu of layoff reinstatement list within two years of the effective date of layoff or reduction shall retain cumulative service credited as of the date of layoff or reduction for purposes of determining seniority in the event of future layoffs and other matters based on City seniority. (2) Reinstatement after a twelve (12) month absence may be subject to passing a medical examination.
(3) Upon reinstatement from layoff, an employee shall resume accrual of vacation at the rate which corresponds to their years of service on the date of separation from employment. An employee's unused sick leave balance or sick leave bank balance, if any and as applicable, on the date of separation shall be restored.
(4) The period of time during which the employee is on unpaid status shall not count toward service credit. However, employees represented by NAME, shall receive service credit for unpaid absence or for the reduction in work hours in lieu of layoff up to one year (prorated for reductions) caused by layoff or reductions in lieu of layoff for purposes of seniority in determining layoffs or work schedule reductions only.

Resolution No. 3513
as amended by Resolutions No. 6466 (5/92), No. 6616 (1/93), No. 6665 (5/93), No. 6844 (1/94), No. 7164 (2/96, No. 7420 (6/97), No. 9662 (12/09), No. 9687 (2/10), No. 9695 (3/10), No. 9820 (3/11), No. 10416 (9/15), No. 11345 (5/22), No. 11652 (6/24). 25 (5) Upon reinstatement to the same classification from which laid off, an employee shall be placed at the same salary step which the employee occupied on the date of separation from employment.

Management and professional employees reinstated to the same classification shall receive the same salary step or range they received at the time layoff occurred.
(j) Reemployment
At the discretion of the City Manager, a regular full-time or regular part-time employee may be reemployed or restored to an increased work schedule more than two years but less than four years after the effective date of layoff, displacement or work schedule reduction. An employee so reemployed or restored shall have the benefit of being appointed without having their name appear on an eligibility list. Reemployment may be subject to passing a medical examination. Any employee reemployed more than two years but less than four years after the effective date of layoff shall have no vested interest in or be entitled to any benefits accrued during any previous employment with the City with the exception of PERS retirement benefits which may remain vested after five (5) years of continuous service. Upon reemployment from layoff, the employee shall be treated as a new hire.

RULE XIV

COOPERATION
Section 1 COOPERATION OF MUNICIPAL OFFICERS AND EMPLOYEES Every officer and employee of the City of Newark shall cooperate with the Personnel Officer in order to completely fulfill the objectives and purposes of the personnel ordinance and these rules.

RULE XV

ADMINISTRATIVE REGULATIONS
Section 1 CITY MANAGER
The City Manager is hereby authorized to issue Administrative Regulations implementing personnel and other rules.

Section 2 DEPARTMENTAL REGULATIONS
Department heads are hereby authorized to issue departmental regulations in concert with Administrative Regulations adapting those regulations, the Personnel ordinance and/or Personnel Rules to the operation of their specific department.

Item  D. 5.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Michael Carmen, Assistant Engineer
SUBJECT    Approve the specifications and adopt a resolution awarding a contract to Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 and 2025 Citywide Accessible Ramps Project No.

CIPA10001
SUMMARY AND RECOMMENDATION
The 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 and 2025 Citywide Accessible Ramp Project No. CIPA10001 are annual concrete maintenance projects that the City prepares specifications for, publicly advertises, and invites sealed bids for the construction of the public improvements.  The invitation to bid was publicly advertised in the Tri City Voice and numerous builders exchange organizations throughout Northern California for three weeks.

Bids for the combined 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 and 2025 Citywide Accessible Ramps Project No. CIPA10001 were opened on July 1, 2025. The low monetary bidder, Villalobos & Associates, Inc., provided a responsive bid, is experienced in these type of projects, and is a responsible contractor.

Staff recommends that the City Council, by motion, approve the specifications and, by resolution, award the contract to Villalobos & Associates, Inc., in the amount of $709,800.  Staff also recommends including an additional $71,200 in construction contingency, bringing the recommended allocation for the project to $781,000.

BACKGROUND
In contrast to previous years, the 2025 Curb, Gutter, Sidewalk Replacement Project No.

CIPA10007 and 2025 Citywide Accessible Pedestrian Ramp Project No. CIPA10001 will be combined, utilizing the same contractor and awarding a single contract for both projects.

Combining the two projects into a single contract allows for better unit prices for materials and reduced operational/mobilization costs.  A single contract for both projects also allows for efficient project management and streamlines the procurement process, saving time in contract award.

The 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 will remove and replace damaged concrete at various locations Citywide.  The City typically conducts annual concrete repair/replacement projects to address areas of damaged curb, gutter, driveway, and sidewalk that were either identified in the field by staff or submitted as requests from residents.

There will be a total of one-hundred and twenty-four (124) locations Citywide that will require concrete repair as part of the 2025 Curb, Gutter, Sidewalk Replacement Project No.

CIPA10007.  The locations selected for repair were based on the severity of damage as defined in the City’s curb, gutter, and sidewalk repair/replacement program.

The 2025 Citywide Accessible Ramps Project No. CIPA10001 will upgrade accessible pedestrian ramps, also known as curb ramps, on streets selected to receive an asphalt concrete pavement overlay in the summer of 2026.  The upgrade of existing curb ramps will satisfy current Americans with Disability Act (ADA) mandates which require streets receiving an asphalt concrete pavement overlay to upgrade all existing curb ramps or install new curb ramps if they are not present.  There will be a total of sixty-four (64) curb ramps that will be upgraded as part of the 2025 Citywide Accessible Ramps Project No. CIPA10001.

DISCUSSION/ANALYSIS
Bids for the 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 and 2025 Citywide Accessible Ramps Project No. CIPA10001 were opened on July 1, 2025.  The City received a total of sixteen (16) bids as follows:

Contractor
2025 Curb,
Gutter,
Sidewalk
Replacement
Project No.

CIPA10007
Total Bid “A”
2025 Citywide
Accessible
Ramps Project
No. CIPA10001
Total Bid “B”
Total Bid “A” Plus
Total Bid “B”
(Combined Projects)
1 Villalobos &
Associates, Inc. $353,800.00 $356,000.00 $709,800.00
2 Always Paving Inc. $238,446.50 $499,553.50 $738,000.00 3 Bosco Construction
Services $410,626.37 $359,774.90 $770,401.27
4 Spencon Construction $393,550.00 $389,000.00 $782,550.00 5 *CF Contracting, Inc. $382,400.00 $402,000.00 $784,400.00 6 O'Connor Pipelines $384,700.00 $420,000.00 $804,700.00 7 Rapid Grading
Services $355,728.00 $461,272.00 $817,000.00
8 Sposeto Engineering,
Inc. $407,090.00 $436,200.00 $843,290.00
9 Zara Construction Inc. $348,250.00 $495,800.00 $844,050.00 10 McKim Corporation $410,405.50 $526,300.00 $936,705.50 11 J.J.R Construction,
Inc. $457,277.00 $514,040.00 $971,317.00
12 E.E. Gilbert
Construction $477,615.60 $532,345.76 $1,009,961.36
13 D's General
Engineering $545,250.00 $470,900.00 $1,016,150.00
14 Golden Bay $521,610.00 $535,684.00 $1,057,294.00
15 FBD Vanguard
Construction, Inc. $577,183.00 $585,700.00 $1,162,883.00 16 Kerex Engineering $503,500.00 $660,000.00 $1,163,500.00 The project proposal submitted by CF Contracting, Inc. was rejected due to the expiration of their registration with the Department of Industrial Relations (DIR).  Under California Labor Code Section 1771.1, all contractors bidding on this project are required to have registration up-to-date with the DIR at the scheduled bid opening.

As stated in the Project Specifications, determination of the low monetary bidder was based on the total bid (Total Bid “A” (CIPA10007) Plus Total Bid “B” (CIPA10001)).  The lowest monetary bidder, Villalobos & Associates, Inc., submitted a responsive bid and is experienced in this type of project.

Start of construction is tentatively scheduled for the end of summer 2025 and project completion is tentatively scheduled for the end of fall 2025.  At the completion of the project, the City will accept the project in accordance with the Project Specifications.

FISCAL IMPACT
Sufficient funding is available in the 2024–2026 Biennial Budget and Capital Improvement Program. Funding sources include:

Fund 284 – Measure BB (ACTC) – Local Streets and Roads: $530,000 appropriated to Project No. CIPA10001
Fund 281 – Measure B (ACTC) – Local Streets and Roads: $365,264 appropriated to Project No. CIPA10007
These combined appropriations are sufficient to fully fund the proposed $781,000 allocation.

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

REVIEW AND APPROVAL
Prepared by – Michael Carmen, Assistant Engineer
Reviewed by – Scott D. Alman, Contract 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
Resolution 2025 Concrete Projects
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AWARDING A CONTRACT TO VILLALOBOS
& ASSOCIATES, INC. FOR 2025 CURB, GUTTER,
SIDEWALK REPLACEMENT PROJECT NO. CIPA10007
AND 2025 CITYWIDE ACCESSIBLE PEDSTRIAN RAMP
PROJECT NO. CIPA10001
WHEREAS, the City of Newark solicited bids for the 2025 Curb, Gutter, Sidewalk Replacement Project (Project No. CIPA10007) and the 2025 Citywide Accessible Pedestrian Ramps Project (Project No. CIPA10001); and
WHEREAS, on July 1, 2025, sixteen (16) bids were received and opened in accordance with the City’s procurement procedures and applicable laws; and WHEREAS, Villalobos & Associates, Inc. submitted the lowest responsive and responsible bid in the total amount of $709,800; and
WHEREAS, staff recommends including a ten percent (10%) construction contingency in the amount of $71,200 to cover unanticipated project costs such as material testing and other unforeseen field conditions; and
WHEREAS, the total recommended project allocation, including contingency, is $781,000; and
WHEREAS, sufficient funding is available in the 2024–2026 Biennial Budget and Capital Improvement Program, including $530,000 appropriated from Fund 284 – Alameda County Transportation Commission (ACTC) Measure BB Local Streets and Roads Program to Project No. CIPA10001, and $365,264 appropriated from Fund 281 – Alameda County Transportation Commission (ACTC) Measure B Local Streets and Roads Program to Project No. CIPA10007; and
WHEREAS, the proposed work is categorically exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it involves the maintenance and minor alteration of existing public facilities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The bid submitted by Villalobos & Associates, Inc. in the amount of $709,800 is hereby accepted, and the contract is awarded to said contractor for the 2025 Curb, Gutter, Sidewalk Replacement Project (CIPA10007) and 2025 Citywide Accessible Pedestrian Ramps Project (CIPA10001).

2. A construction contingency of $71,200 is hereby authorized, for a total project allocation of $781,000. The City Manager is authorized to approve change orders to the project up to an amount not to exceed $781,000.

3. The City Manager, or designee, is authorized to execute the contract in a form approved by the City Attorney and take all actions necessary to effectuate the intent of this Resolution.

Item  D. 6.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Scott Alman, Acting City Engineer
SUBJECT    Adopt resolution approving the project plans and specifications for Project CIPA10005.FY2025 and awarding a contract to VSS International, Inc. for the 2025 Slurry Seal Project, and approving an amendment to the budget; Exempt from CEQA review per CEQA Guidelines Section 15301
SUMMARY AND RECOMMENDATION
The 2025 Slurry Seal Project is an annual street resurfacing project that the City prepares plans and specifications, publicly advertises, and invites sealed bids for.  Bids for Project CIPA10005.FY2025, the 2025 Slurry Seal Project, were opened and evaluated for completeness on Tuesday, July 8, 2025, at 11:00 a.m. in the Council Chambers. Four bidders submitted bids. The lowest responsible/responsive bidder was VSS International, Inc. with a bid of $3,650,121.38. VSS International, Inc. is experienced in pavement preservation work and has successfully performed such work for the City of Newark in previous years.

Staff recommends that the City Council adopt a resolution approving the project plans and specifications for Project CIPA10005.FY2025 and awarding a contract to VSS International, Inc. Staff also recommends amending the FY 2024–2026 Biennial Budget and Capital Improvement Plan to reappropriate previously approved funds and add an additional $400,000 allocation from Fund 202 – SB1 RMRA to the project for a total approved project budget of $4,400,000 including design, construction, construction contingency, and construction management and construction inspection costs.

BACKGROUND
The City of Newark annually applies pavement preservation materials to its city street network to maintain this valuable asset in good condition for the benefit of Newark's citizens and guests. Slurry seals are considered a preventative maintenance treatment for roadway pavement. Slurry seal treatment is a thin overcoat of asphalt emulsion, aggregate, and additives designed to protect the underlying pavement. Slurry seals extend pavement life an additional five to seven years. Slurry seal is more cost-effective than a pavement overlay, which allows for a greater number of streets to be treated. The quick application and cure time of slurry seals also minimizes impacts on local traffic.

This year's project is roughly three to four times larger than previous slurry seal projects in recent years.  When adopting the 2024-2026 Biennial Budget and Capital Improvement Plan, the City Council significantly increased allocation towards street maintenance projects in response to community concerns regarding street conditions that were expressed in the most recent community survey.  This increased funding will assist in maintaining the City's Pavement Condition Index (PCI). This project is anticipated to slurry seal in excess of 452,000 square yards of street surface.

In addition, in excess of 18,700 square yards of pavement failures will be repaired prior to the slurry seal being applied. After the slurry seal has been applied, roughly 62,000 lineal feet of street striping and in excess of 17,000 square feet of pavement markings/legends will be reinstalled on the newly slurry-sealed streets. Streets scheduled to receive slurry seal treatment within Project No.

CIPA10005.FY2025 include:

Street From To
1 ALBYN CT OLIVE ST END
2 AMADOR PL BIRCH ST END
3 BAINE AVE BIRCH ST ST PAUL DR
4 BAINE AVE E END CHERRY ST
5 BAINE AVE 73 E/O OLIVE MAGNOLIA ST
6 BATH PL FARNHAM DR END
7 BAYONNE DR CHERRY ST LAFAYETTE AVE
8 BAYONNE PL BAYONNE DR END
9 BEECH PL HAZELNUT DRIVE END
10 BETTENCOURT ST HALEY ST MAYHEWS LDG RD
11 BEUTKE DR SYCAMORE ST SYCAMORE ST
12 BIRCH ST THORNTON AVE BLAINE
13 BIRCH ST SMITH AVE MOORES AVE
14 BIRCH ST MOORES AVE CEDAR BLVD
15 BIRCH ST CENTRAL AVE S END
16 BIRCH PL BIRCH ST END
17 BIRCH ST CENTRAL AVE PROP LINE 37490
18 BIRKSHIRE PL INDIAN WELLS DR END
19 BOLTON PL SALISBURY DR END
20 BOTTLE BRUSH MAYHEWS LANDING RD END
21 BRANDYWINE ST BIRKDALE DR BIRKDALE DR
22 BRETON PL BRETON DR END
23 BRIGHTON CT ENFIELD DR END
24 BRISTOL PL SALISBURY DR END
25 BUCKEYE ST HAZELNUT MAYHEWS LANDING RD
26 BUCKINGHAM CT EDGEWATER DR END
27 CARTER AVE SYCAMORE ST FILBERT ST
28 CEDAR ST THORNTON AVE 37068 CEDAR
29 CENTRAL AVE NEWARK BLVD CHERRY ST
30 CHERRY ST MAYHEWS LANDING ROAD DAIRY AVENUE
30 CHERRY ST MAYHEWS LANDING ROAD DAIRY AVENUE
31 CHERRY ST THORNTON AVE SPRR
32 CHEVIOT CT RAMSGATE DR END
33 CIVIC TERRACE AVE NEWARK BLVD ST EDWARDS
34 CIVIC TERRACE AVE NEWARK BLVD END
35 CIVIC TERRACE AVE ST. EDWARDS ST CEDAR BLVD
36 COLBERT ST FOUNTAINE AVE MAYHEWS LANDING RD
37 COLBERT PL COLBERT ST END
38 CRYSTAL SPRINGS CT KOTE DR END
39 DORCHESTER CT EDGEWATER DR END
40 DRYDEN CT CHELSEA DR END
41 DUMAS CT COLBERT ST END
42 DUPONT AVE DARVON AVE CHARLES ST
43 DUPONT AVE CEDAR BLVD DARVON AVE
44 EDGEWATER DR FARNHAM DR/NORTH LAKE BLVD
45 EDGEWATER DR FARNHAM DR/SOUTH FARNHAM/NORTH
46 ELM ST WELLS AVE WEST END
47 ELM ST SUNSET AVE THORNTON AVE
48 ENFIELD DR EDGEWATER DR DARVON AVE
49 FALMOUTH PL SALISBURY DR END
50 FARNHAM DR EDGEWATER DR EDGEWATER DR
51 FILBERT ST ENTERPRISE DR SPRR
52 GRAHAM AVE MAGNOLIA ST OLIVE ST
53 GRAHAM AVE OLIVE ST CHERRY ST
54 GRAHAM AVE SYCAMORE ST MAGNOLIA ST
55 GREENWICH CT PARKSHORE DR END
56 HAFNER ST MUSICK AVE HAFNER WAY
57 HAFNER WAY HAFNER ST RUSCHIN DR
58 HAFNER CT HAFNER ST END
59 HALEY ST ROCHELLE AVE CEDAR BLVD
60 HUMBER PL FARNHAM DR END
61 INVERNESS DR BURNINGTREE DR CRESTMONT AVE
62 IPSWICH CHELSEA DR END
63 JUNIPER AVE CHESTNUT ST POPLAR ST
64 KIOTE DR CRYSTAL SPRINGS DR JARVIS AV
65 MAGNOLIA ST BAINE AVE GRAHAM AVE
66 MAGNOLIA ST PROP LINE 37007 THORNTON AVE
67 MAGNOLIA ST GRAHAM AVE PROP LINE 37007
68 MAPLE ST THORNTON AVE JUNIPER ST
69 MILANI AVE CEDAR BLVD EDITH ST
70 MILLWOOD CT EDGEWATER DR END
71 MIRABEAU DR CEDAR BLVD CHERRY ST
72 MONTCALM AVE CHRISTINE ST PARK
73 MULBERRY ST GRAHAM AVE THORTON AVE
74 MUNYAN ST MUSICK AVE SOUZA AVE
75 NEWARK BLVD THORNTON AVE DAIRY AVE
76 NEWARK BLVD DAIRY AVE MAYHEWS LANDING RD
77 NEWARK BLVD WEST SIDE-RUSCHIN WEST SIDE CEDAR
78 NEWARK BLVD EAST SIDE-RUSCHIN EAST SIDE CEDAR
79 NEWCASTLE CT RAMSGATE DR END
80 NORWICH PL EDGEWATER DR END
81 OLDHAM PL WINDERMERE DR END
82 OLIVE ST BAINE AVE THORNTON AVE
83 PORT ANCHORWOOD PL PORT SAILWOOD DR END
84 PORT FOGWOOD PL PORT SAILWOOD DR END
85 PORT SAILWOOD DR CEDAR BLVD DARVON ST
86 PORT TIDEWOOD ST PORT SAILWOOD DR DARVON AVE
87 PRESTON PL EDGEWATER DR END
88 RAMSGATE DR EDGEWATER DR LAKE BLVD
89 REYMOUTH DR BLACKBURN AVE LAKE BLVD
90 RICH AVE SYCAMORE ST MAGNOLIA ST
91 RINCONADA CT CRYSTAL SPRINGS DR END
92 RUSCHIN DR MUSICK AVE THORNTON AVE
93 RUTLAND CT RAMSGATE DR END
94 SALISBURY DR PARKSHORE DR EDGEWATER DR
95 SCARBOROUGH DR 5099 SCARBOROUGH DR EDGEWATER DR
96 SCARBOROUGH DR EDGEWATER DR 35595 SCARBOROUGH DR
97 SCARBOROUGH DR 35595 SCARBOROUGH DR 5099 SCARBOROUGH DR 98 SHOREHAVEN AVE SPRUCE ST BETTENCOURT ST
99 SHOREHAVEN PL SHOREHAVEN AVE END
100 SILVERADO PL CRYSTAL SPRINGS DR END
101 SPRUCE ST JARVIS AVE MAYHEWS LANDING ROAD
102 SPRUCE ST THORNTON AVE SPRR
103 ST EDWARDS ST THORNTON AVE CIVIC TERRACE DR
104 ST LUKE CT CIVIC TERRACE DR END
105 ST MATTHEW DR CIVIC TERRACE DR ST PAUL DR
106 SUNSET AVE ELM ST NORTH END
107 SUNSET AVE ELM ST LOCUST ST
108 SURREY CT PARKSHORE DR END
109 SUSSEX PL SALISBURY DR END
110 SYCAMORE ST GEORGE AVE DAIRY AVE
111 SYCAMORE ST MAYHEWS LANDING RD GEORGE AVE
112 TANFORAN CT CRYSTAL SPRINGS DR END
113 TYNE PL NOTTINGHAM CT END
114 WELLS AVE LOCUST ST SPRUCE ST
115 WELLS AVE FILBERT ST LOCUST ST
116 WINDERMERE DR FARNHAM DR FARNHAM DR
117 YARMOUTH CT PARKSHORE DR END
118 EDGEWATER DR WINCHESTER PL FARNHAM DR/SOUTH
119 NANCY PL COLBERT ST END
120 WALNUT AVE SUNSET AVE END (THORNTON AVE)

DISCUSSION/ANALYSIS
The City of Newark opened and evaluated four bids for Project No.

CIPA10005.FY2025 on July 8, 2025, at 11:00 a.m. in the Council Chamber. The four bids and the respective bid amounts are:

The Engineer’s Estimate from consultant Coastland/DCCM for this project is:
$3,879,034.

As previously stated, VSS International, Inc. is an experienced contractor that has successfully performed pavement preservation work for Newark in past years. VSS International, Inc. was the contractor for Newark's 2023 Slurry Seal Project. As stated in the Project Specifications, the determination of the lowest responsible/responsive bidder is based on the total Base Bid. Staff also recommend authorizing a construction contingency of $364,798.62.

Start of construction is anticipated to be scheduled for the end of summer 2025. At the completion of the project, the City will accept the project in accordance with the Project Specification.

1. VSS International, Inc. $3,650,121.38

2. Pavement Coatings Co. $3,943,677.55

3. Graham Contractors, Inc. $3,967,875.55

4. Doolittle Construction,
LLC. $4,477,000.00
FISCAL IMPACT
The 2025 Slurry Seal Project was previously approved by the City Council with a total budget of $4,000,000, as part of the FY 2024–2026 Biennial Budget and Capital Improvement Plan. To proceed with construction in FY 2025–26, staff recommend reappropriating the existing $4 million and allocating an additional $400,000 to establish a construction contingency and cover soft costs. This results in a revised total project budget of $4,400,000.

The original $4 million project budget for CIP No. CIPA10006.FY2025 is currently funded as follows:
$1,000,000 – Fund 201: Gas Tax
$1,500,000 – Fund 202: SB1 RMRA
$1,500,000 – Fund 284: Measure BB (ACTC Local Streets & Roads) To support the additional $400,000 funding requirement, staff recommend allocating additional SB1 RMRA funds (Fund 202).

The project design costs are $155,080. Staff also anticipate using a consultant for The project design costs are $155,080. Staff also anticipate using a consultant for construction management and inspection services, with an anticipated budget of $230,000. In addition to the construction contract with VSS International, Inc. in the amount of $3,650,121.38, a contingency of $364,798.62 is included, bringing the total proposed project budget, with adoption of the proposed resolution, to $4,400,000.

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

REVIEW AND APPROVAL
Prepared by - Scott Alman, PE, Contract Acting City Engineer Reviewed by - Howard Young, Director of Public Works
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Slurry Seal Resolution
RESOLUTION NO.

RESOLUTION  OF  THE  CITY  COUNCIL  OF  THE  CITY  OF
NEWARK APPROVING THE PLANS AND SPECIFICATIONS
FOR  PROJECT  CIPA10005.FY2025  AND  AWARDING  A
CONTRACT TO VSS INTERNATIONAL, INC. FOR THE 2025
SLURRY  SEAL  PROJECT,  AND  APPROVING  AN
AMENDMENT TO THE BUDGET
WHEREAS,  the  Public  Works  Department  invited  sealed  bids  for  the  construction  of project CIPA10005.FY2025, the 2025 Slurry Seal Project (the “Project”); and WHEREAS, the City has, upon due notice, received a total of 4 bids for the Project that were reviewed by staff for responsiveness and responsibility; and WHEREAS, as stated in the Project Specifications, determination of the lowest responsive, responsible bidder was based on the total Base Bid; and WHEREAS, VSS International, Inc. was determined to be lowest responsive, responsible bidder with a total bid amount of $3,365,121.38; and
WHEREAS, the FY 2024–2026 Biennial Budget and Capital Improvement Plan includes $4,000,000 in appropriated funding for this project, and staff recommends allocating an additional $400,000 in SB1 RMRA funds to support construction contingency and soft costs, resulting in a total project budget of $4,400,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

1. The  City  Council  hereby  approves  the  plans  and  specifications  for  Project CIPA10005.FY2025 – the 2025 Slurry Seal Project.

2. The City Council finds the bid from VSS International, Inc. to be the lowest responsive and responsible bid.

3. The City Council awards the construction contract for Project CIPA10005.FY2025 to VSS International, Inc. in the amount of $3,650,121.38 with a construction contingency in the amount of $364,798.62.

4. The City Council  approves  an  amendment to the   FY  2024–2026 Biennial Budget  and Capital  Improvement  Plan  to  reappropriate  previously  approved  funds  and  add  an additional $400,000 allocation from Fund 202 – SB1 RMRA.

5. The City Council authorizes the City Manager, or designee, to execute the contract and any related  documents  in  a  form  approved  by  the  City  Attorney,  and  to  take  all  actions necessary to carry out the project, including approving change orders up to the budgeted contingency amount.

Item  D. 7.

DATE 07/24/2025
TO Honorable Mayor and City Council Members
FROM Michael Coulom, Housing Policy and Programs Manager SUBJECT    Adopt a resolution authorizing the City Manager to execute an agreement with Hello Housing to develop and administer the first-time homebuyer assistance and below-market rate
homeownership programs
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution, authorize the City Manager to enter into an agreement with Hello Housing to develop and administer the first-time homebuyer (FTHB) assistance and below-market rate (BMR) homeownership programs. The agreement would have a not-to exceed amount of $200,000 over three years. The agreement would allow staff to use professional consultant services to implement 2023-2031 Housing Element Program H5.1 and Policy H5.4 with the aim of expanding homeownership opportunities throughout the City for low- and moderate-income households.

BACKGROUND
The City has successfully utilized professional consultants in the past to provide services and experience that City staff cannot provide and to augment staff capacity during busy periods or when resources are low. In May 2021, City Council approved Resolution 11,201 adopting the City’s 2021-2023 Affordable Housing Work Plan (Work Plan) and identified programs and policies to incentivize the production of affordable housing in Newark. Informed by interviews with City Council, the Planning Commission, and the Community Development Advisory Committee, the Work Plan called for a First-Time Homebuyer Program and Inclusionary Housing Study. These activities were later incorporated into the 2023-2031 Housing Element as Program H5.1 and Policy H5.4, respectively. The Housing Element is Included as Attachment C. Program H5.1 can be found on pages 235-236 and Policy H5.4 on page 211.

On June 14, 2024, the City released a request for proposal (RFP) for consultant services to develop and administer a First-Time Homebuyer Loan Program and Affordable Homeownership Program. Two firms responded. As part of the evaluation process, staff assessed response compliance with submittal requirements, interviewed both respondents, and contacted respondent references to verify qualifications and experience.

Staff recommend selecting Hello Housing (Consultant), a non-profit organization, to develop and administer a FTHB assistance program and BMR homeownership program.

DISCUSSION/ANALYSIS
Housing Element Goal H5 aims to Increase Access to Affordable Housing. Program H5.1 aims to implement this goal by establishing a FTHB assistance program whereas Policy H5.4 amends the City’s Affordable Housing Program (Newark Municipal Code (NMC) Chapter 17.18) to prioritize on-site construction of BMR housing over collection of the Housing Impact Fee. BMR homeownership programs typically benefit moderate-income households but can support lower-income households in some instances.

The City’s adopted Housing Element aims to assist four households in achieving homeownership each year during the 2023-2031 planning period, with an affirmative marketing approach inclusive of moderate-income black, indigenous, and people of color (BIPOC) households. Newark residents currently have access to Alameda County’s Boost program (AC Boost), which was designed and is administered by Hello Housing and provides income-qualifying households with a loan of up to $210,000 for down payment assistance. AC Boost is heavily oversubscribed, however, and selects beneficiaries via lottery. Newark residents submitted 16 program applications to AC Boost, of which four purchased homes with program assistance. The last AC Boost pre-application period closed May 15, 2024. Meeting the Housing Element goal will require direct City investment.

Newark’s stock of BMR homes is composed of deed-restricted properties regulated by the City and/or state or federal agencies. There are currently 400 BMR units operating in Newark, all of which are rentals restricted to extremely low-, very low-, and low-income households. Of these, 275 are restricted to seniors. An additional 229 rental units have been entitled or are under construction, all of which will be restricted to extremely low-, very low-, and low-income households, 79 of which will be restricted to seniors. Assembly Bill 2430 (Alvarez, 2024) prohibits local jurisdictions from charging affordable housing properties for regulatory monitoring that is duplicative of a state agency’s monitoring. The City does not have a formal monitoring role in these properties because all BMR rental units operating or in the development pipeline have state funding.

In September 2024 the City entitled Lepakshi Homes, an 88-unit mixed-use condominium project with 13 BMR homeownership units. This project is not anticipated to have state funding and creates a need for City regulation and monitoring. Managing a BMR portfolio is a highly specialized and laborious task that requires consistent monitoring and regular handling of sensitive personal information, including supporting homebuyers and sellers. The City does not have licensed staff to monitor or support buyers and sellers in real estate transactions.

In accordance with the Work Plan and Housing Element Policy H5.4, staff began a study of the City’s Affordable Housing Program (NMC 17.18). Staff expect to present study of the City’s Affordable Housing Program (NMC 17.18). Staff expect to present the results and recommendations of this inclusionary housing study at a public hearing of the Planning Commission later this summer and summarily to City Council . While Lepakshi Homes presents a forthcoming need for BMR program development and administration, revisions to NMC 17.18 are anticipated to increase the number of BMR homes that require City monitoring.

Request for Proposal
The City released its Request for Proposal for First Time Homebuyer Loan Program and Administration and Affordable Homeownership Program Development and Administration on June 14, 2024. The RFP combined requests for services related to Housing Element Program H5.1 and implementation of Policy H5.4. The Work Plan anticipated spending $50,000 for FTHB “Initial Program Structure” but did not expressly identify funds for developing or administering a program to implement the results of the Inclusionary Housing Study.

The City received proposals from Hello Housing and Bay Area Affordable Homeownership Alliance (BAAHA). Staff and a consultant hired to support the City with the Inclusionary Housing Study reviewed and deemed both compliant with submittal requirements and qualified to develop and administer the programs.

Hello Housing is an Oakland-based non-profit that provides program development and administration services for FTHB and BMR homeownership and rental programs to Bay Area jurisdictions, including the cities of Emeryville and South San Francisco. They are also the developer and administrator of Alameda County’s AC Boost program and have an in-house real estate brokerage license to support buyers and sellers in the purchase and resale of BMR homes. They have worked with developers with experience in Newark, including Lennar.

BAAHA is a San Francisco-based non-profit that provides program development and administration services for FTHB and BMR homeownership programs to Bay Area jurisdictions, including the cities of Pleasanton, Concord, Antioch, and Pacifica.

BAAHA’s administrative director has a brokerage license to support buyers and sellers.

BAAHA has worked with developers with experience in Newark, which also includes Lennar.

Program scopes of work varied greatly between both proposals with resultant variations in proposed budgets. Hello Housing presented a three-year budget, whereas BAAHA presented a two-year budget. While BAAHA fees are approximately $90,000.00 less than Hello Housing for the two-year period, Hello Housing assumed a greater number of FTHB loan placements than BAAHA in Year 1, a more detailed financial analysis of different program models to inform design decision making, additional meetings with staff and stakeholders to inform program design, developing an online program application, and providing access to a proprietary database for generating real-time reports. Actual expenses in Years 1 and 2 may be lower as applicable BMR units are not yet in operation. Hello Housing’s attention to program design and evaluation will be of value to the City in establishing these new programs.

Summary of Services
City staff and the Consultant desire to implement Housing Element Program H5.1 and Policy H5.4, including priorities in the Work Plan, through a new contract services agreement (CSA) for three years with a not to exceed amount of $200,000. Specific work identified in the CSA includes:

Designing the First-Time Homebuyer Downpayment Assistance program and guidelines
Drafting Down Payment Assistance loan documents
Designing deed-restricted affordable homeownership (BMR) program and guidelines
Drafting BMR affordability restriction agreements
Developing Down Payment Assistance program application, including online application
Developing marketing plans and materials for both program Holding community and stakeholder engagement sessions to inform program design
Conducting application workshops
Reviewing and processing applications
Originating and closing Down Payment Assistance
Program monitoring, reporting, and resales
FISCAL IMPACT
The CSA would allocate up to $200,000 over a three-year period for development and implementation of both the FTHB and BMR programs. This is absorbable by available Affordable Housing Impact Fee Funds (Fund) and is commensurate with the objectives of the Work Plan.

The Fund has a current balance of $26,819,580. Of this, the Work Plan anticipated allocating up to $50,000 for design of a FTHB program plus five percent of Funds for program administration. This equates to $2,354,299 available for the FTHB program.

The Work Plan anticipated spending $100,000 for an Inclusionary Housing Study and Nexus Study but did not specify funds for implementing study results or designing a BMR program.

Hello Housing anticipates a combined cost of $65,900 to develop both the FTHB and BMR programs. Although the Work Plan did not specifically allocate funds for BMR program development, this additional $15,900 on top of that allocated to FTHB Initial Program Structure appears reasonable and in the spirit of the Work Plan.

Staff will return to Council to request funds for direct FTHB assistance after designing the program with Council and community input. Subsequently requested funds will be used to provide direct financial assistance, such as a downpayment assistance loan, to homebuyers.

REVIEW AND APPROVAL
Prepared by - Michael Coulom, Housing Policy and Programs Manager Prepared by - Michael Coulom, Housing Policy and Programs Manager Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 - Draft Hello Housing Resolution
Attachment 2 - Hello Housing Agreement
Attachment 3 - 2023-2031 Housing Element (pages 211 and 235-236) Attachment 4 - Resolution 11,201 (2021-2023 Work Plan)
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT

WITH HELLO HOUSING FOR DEVELOPMENT AND

ADMINISTRATIVE SERVICES FOR FIRST TIME

HOMEBUYER AND AFFORDABLE HOMEOWNERSHIP

PROGRAMS
WHEREAS, City staff issued a Request for Proposals (RFP) for services to develop and administer First Time Homebuyer and Affordable Homeownership programs, in accordance with the City’s Purchasing and Regulations; and
WHEREAS, a total of two proposals were received; and
WHEREAS, all proposals received were evaluated by City staff based on the criteria listed in the RFP including proposed cost for services, qualification and experience of firm and assigned staff, the firm’s understanding of the scope of work and the general approach to completing the work; and
WHEREAS, based on staff’s evaluation, two firms were invited to participate in interviews with City staff; and
WHEREAS, following the interviews, Hello Housing. was determined to be the most qualified firm to provide the requested services for the First Time Homebuyer and Affordable Homeownership programs.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark herby authorizes the City Manager to execute the Contractual Services Agreement in a form approved by the City Attorney, with Hello Housing in an amount not to exceed $200,000.00 for services to developer and administer the First Time Homebuyer and Affordable Homeownership programs.

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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
AND

HELLO HOUSING

FOR DESIGN AND ADMINISTRATION OF FIRST-TIME HOMEBUYER AND

BELOW-MARKET RATE HOUSING PROGRAMS
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and Hello Housing, a nonprofit, public benefit corporation, with offices located at 2335 Broadway, Floor 3, Oakland, California (“Consultant”), (together referred to as the “Parties”) as of August 1, 2025 (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on August 1, 2028 and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Funding for services beyond the current fiscal year will be included in future City budgets but is subject to City Council approval of annual appropriations.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged and in the geographical area in which Consultant practices its profession.

Consultant shall prepare all work products required by this Agreement to the standards of quality normally observed by a person practicing in Consultant’s profession,

1.3 Assignment of Personnel. Consultant shall assign only competent personnel consistent with Section 1.2 to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Hundred Thousand Dollars ($200,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached Consulting Services Agreement between
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as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information, unless waived by the Contract Administrator:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  Project name & number if applicable;
 Purchase Order number to expedite payment;
 The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 The Consultant’s signature;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete the work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

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2.3 Reserved.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

2.6 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit C, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs.

In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Newark Municipal Code.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

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City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis
B Commercial or Business
Automobile Liability
Hired, non-owned Auto
Liability Policy.
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
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form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage
C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$2,000,000 per claim
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Newark, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claimsmade policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory Consulting Services Agreement between
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to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, reasonable attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.

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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782.8, as may be amended from time to time, then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultants obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percent of fault.

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

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder, including but not limited to the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Contractor’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender, or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.6.5 No remedy mentioned in this Agreement is intended to be exclusive of any other right, power, or remedy, permitted by law. Neither the failure nor the delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of any such right or remedy.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement and City may use, reuse or otherwise dispose of the documents without Consultant’s Consulting Services Agreement between
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permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records should be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

9.4 Proprietary Information. City and Consultant acknowledge and agree that City may receive confidential information from Consultant that is proprietary to Consultant and may contain trade secrets, work processes, or other business information (collectively, “Proprietary Information”).

Consultant shall clearly identify such Proprietary Information when provided to City and shall mark Proprietary Information when provided to City in writing. City shall not keep or store Consultant’s written Proprietary Information as part of its regular retention of records and shall dispose of Consultant’s Proprietary Information after review and upon reasonable request by Consultant, unless otherwise prohibited by state or federal law or rules of court.

Notwithstanding any other provision of this Agreement, neither party is required to disclose information which it reasonably deems to be proprietary or confidential in nature. The Parties agree that any information disclosed by a party and designated as proprietary and confidential shall only be disclosed to those officials, employees, representatives, and agents of the other party that have a need to know in order to administer and enforce this Agreement. For purposes of this subsection, the terms “proprietary or confidential” include but are not limited to, information relating to a party’s corporate structure and affiliates, marketing plans, financial information, trade secrets, work processes, or other information that is reasonably determined by a party to be competitively sensitive. A party may make proprietary or confidential information available for inspection but not copying or removal by the other party’s representatives. This subsection, shall not prohibit the disclosure of any documents otherwise required to be disclosed pursuant to the California Public Records Act, California Government Code Section 7920.000 et seq.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall Consulting Services Agreement between
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be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.

Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as ___________________________ ("Contract Administrator").

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City of Newark and Hello Housing Page 13 of 15
All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

10.10 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, (ii) delivery by reputable overnight delivery service (e.g. Federal Express) which provides a receipt showing date and time of delivery, (iii) certified United States mail, postage prepaid, return receipt requested, or (iv) by email transmission . Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Any written notice to Consultant shall be sent to:

Jennifer Duffy
President
Hello Housing
2335 Broadway, Floor 3,
Oakland, California 94612
All other written notices to City shall be sent to:

David Benoun Kristopher J. Kokotaylo,
City Manager City Attorney
City of Newark City of Newark
37101 Newark Blvd. with a copy to 37101 Newark Blvd.

Newark, CA 94560 Newark, CA 94560

10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Consulting Services Agreement between
City of Newark and Hello Housing Page 14 of 15
Exhibit B Cost Proposal
Exhibit C Reimbursable Expenses [DELETE IF NOT APPLICABLE

10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.15 Conflicts or Inconsistency. In interpreting this Agreement and resolving conflicts, errors, or discrepancies, the order of precedence should be:

1. This Agreement

2. The ordinances, resolutions, and policies of the City

3. The Consultant’s proposal

SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between
City of Newark and Hello Housing Page 15 of 15
The Parties have executed this Agreement as of the Effective Date.

CITY OF NEWARK HELLO HOUSING, INC.
____________________________ ______________________________ ______, CITY MANAGER Title: Jennifer Duffy, President
ATTEST:
___________________________
______, CITY CLERK
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY

EXHIBIT A

SCOPE OF SERVICES
PHASE I: PROGRAM DEVELOPMENT
TASK 1: Develop First-Time Homebuyer Down Payment Loan Program and Program Guidelines for Deed-Restricted BMR Homeownership Units

1.1 Develop First-Time Homebuyer Down Payment Loan Program Based on accepted best practices and taking into account the City’s budgetary and policy context and regional resources and/or programs that may be available, Consultant will develop detailed program guidelines and an application process for a down payment assistance loan program.

Respondents to this RFP are encouraged to provide a detailed approach for this task.

1.2 Design Program Guidelines for Deed Restricted BMR Homeownership Units In parallel with developing the First-Time Homebuyer Down Payment Loan Program, Consultant will work with City staff to develop detailed program guidelines for the City’s BMR homeownership program. This will include but not be limited to the following key components:
1) Detailed program guidelines for the BMR homeownership program, including any related regulatory requirements.
2) Homebuyer application process and related program materials. 3) Resale process and requirements.
4) Portfolio management system.

PHASE II: PROGRAM IMPLEMENTATION
TASK 2: GENERAL PROGRAM ADMINISTRATION

2.1 Public Information
Consultant will respond regularly to inquiries regarding the City’s homebuyer loan and BMR homeownership units, received by telephone, mail, website, referral, and email. In addition, Consultant will distribute program information to all interested parties. This information includes but is not limited to brochures, applications, program guidelines, and information regarding homebuyer education classes. City staff will maintain BMR program awareness within the Newark community and conduct informational campaigns. Consultant will maintain a single database of interested homeowners. Consultant will organize and facilitate community events and information sessions as requested by the City.

Consultant will also provide periodic training and technical assistance on BMR requirements to both developers and homebuyers.

2.2 Records Management
Consultant will maintain detailed program records including, but not limited to:
 Number of loans requested, approved, funded, and denied  Loan recipients and units purchased
 Marketing activities
 Participant information and correspondence
 Copies of publicly available ownership records and property information Consultant will prepare reports or memorandums summarizing the above information semiannually or upon request of City staff. Consultant will maintain complete and accurate files, including paper and digital files. This will include scanning, printing and organizing. Consultant will track relevant information on each file and update databases regularly.

TASK 3: FIRST-TIME HOMEBUYER DOWN PAYMENT LOAN PROGRAM

MANAGEMENT

4.1 Homebuyer Application Processing
Consultant will review all loan program applications and provide the City with a recommendation for approval or rejection based on current best practices standards. For approved applicants, Consultant will prepare the necessary information and documentation, and provide it to the City for execution and to the escrow officer in a timely manner to ensure a successful closing.

4.2 First-Time Homebuyer Down Payment Loan Closings
Consultant will work directly with potentially eligible loan program applicants, as well as with other parties to the potential transaction including real estate agents, lenders, mortgage brokers, and/or contractors, to facilitate the closing of City loans. Consultant will work proactively throughout the process to identify and resolve any potential problems.

TASK 4: BMR HOMEOWNERSHIP PROGRAM MANAGEMENT

5.1 Sale and Resale Management
Consultant will coordinate with developers for initial sales and BMR homeowners interested in selling their BMR unit to ensure that the listing, marketing, and sale comply with the program guidelines. Consultant will calculate the maximum resale price, which may include an allowance for capital improvements, review the listing agreement, authorize the MLS listing of the home, and conduct an inspection of the BMR unit to ensure that the home is in good repair and clean, ensure the marketing guidelines are followed, and coordinate with the homeowner, real estate agent, and title company on the sale of the house.

5.2 Purchaser Eligibility Review
Consultant will review applications for the purchase of BMR units to determine the household’s eligibility. Consultant will work directly with applicants, as well as with their real estate agent, lender, and/or mortgage broker, during the application period and throughout the transaction to facilitate the close of escrow. Consultant will work proactively with all parties to identify and resolve any issues and will maintain the necessary information and documentation and provide it to the escrow officer in a timely manner to ensure a timely closing.

5.3 Purchaser Selection Process and Implementation
Consultant will work with City to establish and implement a purchaser selection process to market, screen, and select eligible buyers in line with City priorities.

TASK 5: ASSET MANAGEMENT – ALL AFFORDABLE HOMEOWNER PROGRAMS

6.1 Loan Portfolio Management
Consultant will process requests related to existing program assets, including BMR units and outstanding loans. Requests may include, but are not limited to:
 Capital improvement credits
 Loan retirements and repayments
 Reconveyances/quit claims
 Subordination
 Trusts
Note: Once the program has been initiated, the City anticipates processing on average five (5) transactions annually, however, this does not include requests that are initiated but not completed by the homeowner.

6.2 Owner Occupancy Monitoring
Consultant will monitor owner-occupancy requirements for the housing programs, as applicable, and provide foreclosure prevention referrals to homeowners and recommendations on asset retention to the City. Consultant will prepare demands for loan repayments and demands for the sale of non-owner occupied BMR units and will initiate foreclosure proceedings, if necessary, upon the direction of the City Staff.

EXHIBIT B

COMPENSATION SCHEDULE
Consulting Services Agreement between
City of Newark and _________

CITY OF NEWARK
2023-2031 HOUSING ELEMENT

HCD COMPLIANT DRAFT
December 1, 2023

NEWARK GENERAL PLAN HOUSING
NEWARK 2023-2031 HOUSING ELEMENT TABLE OF CONTENTS
Acknowledgements 8
SECTION 1 Introduction 9
A. Purpose and Organization of the Housing Element 9
B. Changes in State Housing Law 10
C. Relation to Other General Plan Elements 12
D. Community Engagement 14
SECTION 2 Housing Needs 21
A. Population Growth and Trends 23
B. Housing Tenure 28
C. Housing Needs for Special Needs Populations 41
SECTION 3 Affirmatively Furthering Fair Housing 53
A. Affirmatively Furthering Fair Housing 53
B. History of the Land and People 54
C. Summary of Fair Housing Need 56
D. Fair Housing Assessment 58
E. Racially and/or Ethnically Concentrated Areas of Poverty + Affluence 74 F. Disparities in Access to Opportunity 76
G. Disproportionate Housing Needs for Low-income Households and Protected Classes 91 H. AFFH Analysis of Sites 123
I. Contributing Factors and Meaningful Actions 141
SECTION 4 Housing Constraints 148
A. Governmental Constraints 148
B. Non-Governmental Constraints 187
C. Environmental Constraints 189
SECTION 5 Housing Resources 192
A. Available Sites For Housing 192
B. City Financial Resources 195
C. Other City and Partner Agency Resources 195
2 NEWARK GENERAL PLAN HOUSING
SECTION 6 Housing Plan 197
A. Evaluation of Accomplishments Under Adopted Housing Element 197 B. Housing Plan: Goals, Objectives, Policies, and Programs 205 Appendices
A. Housing Needs A-1
B. Public Engagement and Input Summary B-1
C. Housing Sites Inventory C-1
D. Public Comment Response D-1
3 NEWARK GENERAL PLAN HOUSING

LIST OF TABLES
Table 1-1: New State Housing Laws Relevant to
Housing Element Update
Table 1-2: Draft Public Comment
Table 2-1: Population Growth Trends
Table 2-2: Population by Race 2000 to 2019
Table 2-3: Number and Type of Housing Units in
Alameda County 2022
Table 2-4: Newark Cash Rent, 2021
Table 2-5: Newark Rents, 2023
Table 2-6 Overcrowding by Regional Population,
2013-2017
Table 2-7: Substandard Housing Units, 2015-2019
Table 2-8: Subsidized Affordable Housing Units at
Risk of Conversion to Market Rate 2020
Table 2-9: Disability by Type, 2015-2019
Table 3-1: Newark Fair Housing Complaints,
2016-2021
Table 3-2: Fair Housing Complaints Forwarded to Fair
Housing and Equal Opportunity Alameda County,
January 2017- June 2020
Table 3-3: Population by Racial Group, Newark and
the Region, 2000 to 2020
Table 3-4: Race and Ethnicity of Newark Residents,
2000 to 2020
Table 3-5: Dissimilarity Index Between Racial Groups,
2000 to 2020
Table 3-6: Isolation Index for Newark and the Bay
Area, 2000 to 2020
Table 3-7: Domains and List of Indicators for
Opportunity Maps, 2021
Table 3-8: Selected District Level Data -
0161234--Newark Unified for the year 2021-2022
Table 3-9: Residents With A Disability, Newark and
Region, 2015- 2019
Table 3-10: Housing Units at Risk of Conversion, 2022
Table 3-11: Students in Local Public Schools
Experiencing Homelessness, 2016 to 2020
Table 3-12: Migrant Farmworker Student Population,
2016 to 2020
Table 3-13: Distribution of Housing Capacity by
Census Tract with AFFH Indicators
Table 3-14: Site Distribution by Median Income,
2015- 2019
Table 3-15: Sites Along Transit Lines and High or
Moderate Opportunity Areas, 2022
Table 3-16: Summary of Contributing Factors and
Actions Regarding Housing Issues in Newark
Table 4-1: General Plan Land Use Designations
Table 4-2: Residential Development Standards,
Newark 2022
Table 4-3: Housing Types Permitted by Zone, Newark
2022
Table 4-4: Potential Sites for Emergency Shelters in
Newark, 2022
Table 4-5: Level of Review Authority, Selected
Decision Types
Table 4-6: Average Permit Processing Time, Newark,
2022
Table 4-7: Permit Fees, Newark, Fiscal Year
2022-2023
Table 4-8: Residential Development Impact Fees,
Newark, Fiscal Year 2022-2023
Table 4-9: Off-Street Parking Requirements, Newark
2021
Table 6-1: Review of Policies and Programs of 5th
Housing Element Cycle
Table 6-2: Assessors Parcels Numbers Subject to AB
1397, 2022
4 NEWARK GENERAL PLAN HOUSING
Table 6-3: List of Quantified Objectives for the 2023
to 2031 Planning Period
Table C-1: City of Newark Detailed Sites Inventory
Table C-2: City of Newark Sites Inventory APNs and
Acreage
Table C-3: Planned and Proposed Sites with Project
Status
Table C-4: Lower Income RHNA vis-a-vis Non Vacant
Sites, 2023
Table C-5: Grocery Outlet Center Realistic Capacity
Analysis
Table C-6: Thornton Ave. Sites Realistic Capacity
Analysis
Table C-7: Cedar Blvd. and Timber St. Industrial Sites
Realistic Capacity Analysis #1
Table C-8: Cedar Blvd. and Timber St. Industrial Sites
Realistic Capacity Analysis #2
Table C-9: Cedar Blvd. and Timber St. Industrial Sites
Realistic Capacity Analysis #3
Table C-10: E-Z 8 Realistic Capacity Analysis
Table C-11: Cherry Plaza Realistic Capacity Analysis
Table C-12: Sycamore St. Vacant Lot Realistic
Capacity Analysis
Table C-13: Cedar Blvd. Public Storage Realistic
Capacity Analysis
Table C-14: Filbert Ave. Sites Realistic Capacity
Analysis
Table D-1: Housing Element Draft Public Comments
Received and City Response
5 NEWARK GENERAL PLAN HOUSING

LIST OF FIGURES
Figure 2-1: Population by Age, 2000 to 2019
Figure 2-2: Wage or Works by Place of Residence and
Work, by Income, 2015- 2019
Figure 2-3: Housing Age, 2015- 2019
Figure 2-4: Newark Zillow Home Value Index, 2013
-2022
Figure 2-5: Home Values of Owner Occupied Units,
2015-2019
Figure 2-6: Rents for Renter Occupied Units in
Newark, Alameda County, and the Bay Area, 2015-
2019
Figure 2-7: Housing Tenure by Race, 2015- 2019
Figure 2-8: Vacant Units By Type, 2015- 2019
Figure 2-9: Cost Burdened Households, Renters and
Homeowners, 2015- 2019
Figure 2-10: Low Income Cost Burdened Households,
Renters and Homeowners, 2015- 2019
Figure 2-11: Overcrowding by Tenure and Severity,
2013- 2017
Figure 2-12: Senior Households by Income and
Tenure, 2013- 2017
Figure 2-13: Cost Burdened Rates by Income Level,
Seniors, 2013- 2017
Figure 2-14: Households by Household Size, 2015-
2019
Figure 2-15: Household Type, 2015- 2019
Figure 2-16: Household Type by Tenure, 2015- 2019
Figure 2-17: Households by Household Income Level,
2013- 2017
Figure 3-1: Predominate Racial Groups in Newark,
2010
Figure 3-2: Racial Demographics of Newark, 2018
Figure 3-3: Household Income levels for Newark,
Alameda County and the Bay Area, 2013- 2017
Figure 3-4: Income by Race and Ethnicity, 2013- 2017
Figure 3-5: Median Household Income, 2015- 2019
Figure 3-6: Low to Moderate Income Households and
Percent Non-White Population, 2015- 2019, 2018
Figure 3-7: Area of High Segregation and Poverty,
2021
Figure 3-8: Distribution of TCAC Opportunity Areas
in the San Francisco Bay Area, 2022
Figure 3-9: Composite of Opportunity Areas in
Newark, 2022
Figure 3-10: Percentage of Residents in Low,
Moderate and High Resourced Areas by Race, 2015-
2019
Figure 3-11: Jobs Proximity Index Composite,
2014-2017
Figure 3-12: Economic Opportunity Score, 2021
Figure 3-13: Environmental Opportunity Score, 2021
Figure 3-14: CalEnviroScreen and Non-White
Population, 2021 and 2018
Figure 3-15: Newark School Enrollment, 2017-2022
Figure 3-16: Race and Ethnicity of Newark Unified
School District, 2020-2021 School Year
Figure 3-17: Educational Opportunity Index, 2021
Figure 3-18: Alameda County Transit Bus Stops and
Proposed Transit Stations, 2022
Figure 3-19: Housing and Transportation Costs as a
Percentage of Income
Figure 3-20: Percentage of Households With Children
Under 18 Years of Age, 2015- 2019
Figure 3-21: Family Structures in Newark, 2015-
2019
Figure 3-22: Percent of Married Couples with
Children, 2015- 2019
Figure 3-23: Percent of Children in a Female Headed
Household, 2015- 2019
Figure 3-24: Poverty Levels of Female Headed
Households in Newark, 2015- 2019
6 NEWARK GENERAL PLAN HOUSING
Figure 3-25: Comparison of Household Size for
Owners and Renters in Alameda County and Newark,
2015- 2019
Figure 3-26: Increase of Senior Population. 2010 to
2019
Figure 3-27: Seniors Income Level, Owners and
Renters, 2015- 2019
Figure 3-28: Disability Status By Age, 2016- 2020
Figure 3-29: Newark Senior Population with
Disability, 65 years and Older, 2016- 2020
Figure 3-30: Disability Status by Race, 2016- 2020
Figure 3-31: Cost Burden Renter Households in
Newark Over Time, 2015- 2019
Figure 3-32: Cost Burdened by Income, 2013- 2017
Figure 3-33: Cost Burdened Households, Renters and
Homeowners, 2015-2019
Figure 3-34: Overpayment by Renters, 2015- 2019
Figure 3-35: Overpayment by Homeowners, 2015-
2019
Figure 3-36: Cost Burdened Residents by Race, 2013-
2017
Figure 3-37: Percent of Owner and Renter
Households Living in Crowded Conditions, 2013-
2017
Figure 3-38: Overcrowding by Race and Ethnicity,
2015- 2019
Figure 3-39: Overcrowding and Severe Overcrowding
in Newark and Non-White Population, 2015- 2019
and 2018
Figure 3-40: Subsidized Housing and Housing Choice
Vouchers, 2021
Figure 3-41: Housing Tenure in Newark, 2015- 2019
Figure 3-42: Rates of Homeownership by Race, 2015-
2019
Figure 3-43: Mortgage Applications and Acceptance
by Race, 2018-2019
Figure 3-44: Total Count of People Experiencing
Homelessness For The Point In Time Count On
February 22, 2022
Figure 3-45: Unsheltered Individuals in Newark and
Alameda County, 2022
Figure 3-46: Sheltered Individuals by Race, 2022
Figure 3-47: Permanent and Seasonal Farmworkers
at the County Level, 2022 to 2017
Figure 3-48: Map of Plan and Dumbarton Corridor,
2010
Figure 3-49: Areas in Newark Vulnerable to
Displacement and Percentage of Communities of
Color, 2018 and 2022
Figure 3-50: 100 Year and 500 Year Flooding
Projections for the City of Newark
Figure 3-51: Housing Sites for the RHNA 6th Cycle
Figure 3-52: Sites by Racial Predominance, 2010
Figure 3-53: Site Distribution by Median Income,
2015- 2019
Figure 3-54: Site Distribution By Percent of Low and
Moderate Income Residents, 2015- 2019
Figure 3-55: Site Distribution by CalEnviroScreen
Percentile Score, 2021
Figure 3-56: Percentage of Housing Units by
Resource Opportunity Area, 2022
Figure 3-57: Site Distribution by Resource Level and
Transportation Access, 2022
Figure 3-58: Distribution of Sites by Rates of Cost
burdened, 2015– 2019
Figure 3-59: Distribution of Sites by Displacement
Risk and Percent BIPOC population, 2017 and 2018
Figure 3-60: Housing Sites Vis-a-Vis Disability Status, 2015- 2019
Figure 4-1: Development Review Process
Figure 5-1: Housing Sites for the RHNA 6th Cycle
Figure C-1: Housing Sites for the RHNA 6th Cycle
7 NEWARK GENERAL PLAN HOUSING

ACKNOWLEDGEMENTS
City of Newark Staff
Steven Turner, Community Development Director
Art Interiano, Assistant Community Development Director Carmelisa Lopez, Senior Planner
Joseph Balatbat, Associate Planner
Consultant Team
Paul Peninger, BAE Urban Economics
Community Planning Collaborative
Clara Cheeves
Bowen Close
Josh Ellsworth
Corinne Tsai
Newark Community
The City would like to extend its thanks to the community members, advocates and organizations that contributed to this report. An incomplete list of those who contributed their time and knowledge toward this draft is below:
● All the community members that filled out a survey, and attend a community meeting ● Alameda County Department of Health Developmental Disabilities Council ● Clark W. Redeker Newark Senior Center
● El Tímpano
● Greenbelt Alliance
● Housing Consortium of the East Bay
● Promotores
● Second Chance Inc.
● Newark Public Library
● Newark Unified School District: Newark Parent leadership team ● Newark Planning Commission
8 NEWARK GENERAL PLAN HOUSING
SECTION 1 INTRODUCTION
The city of Newark is a growing, vibrant, multicultural city with a diverse commercial and business sector, and an inclusive community character. The City is committed to ensuring that all current and future residents continue to enjoy Newark’s distinctive attributes through the implementation of policies and programs that ensure that all residents have access to housing that meets the full range of household and community needs. To this end, the City is currently engaged in the implementation of an ambitious affordable housing work plan adopted by the Newark City Council in May, 2021. This Work Plan lays the foundation for the update of the City’s General Plan Housing Element, an opportunity for Newark to plan for housing to meet the needs of all segments of Newark’s diverse community.

A. Purpose and Organization of the Housing Element
Housing Element Purpose
California law recognizes the vital role that local governments play in the availability, adequacy, and affordability of housing. Every jurisdiction in California is required to adopt a long-range General Plan to guide its physical development, and the Housing Element is one of the seven required elements of the General Plan. Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain housing production. Housing Element statutes also require the State Department of Housing and Community Development (HCD) to review local housing elements for compliance with State law and to report their findings to the local government.

California's Housing Element law requires that each city and county develop local housing programs to meet its "fair share" of existing and future housing needs for all income groups. The Association of Bay Area Governments (ABAG) is responsible for developing and assigning these regional needs, or "RHNA", to Bay Area jurisdictions. Pursuant to the RHNA planning period, the Newark Housing Element is an eight-year plan extending from 2023 to 2031, also referred to as the 6
th Cycle Housing Element.
9 NEWARK GENERAL PLAN HOUSING
Newark’s Housing Element identifies strategies and programs that focus on:

1. Preserving and improving existing housing

2. Removing governmental and other constraints to housing development

3. Promoting and expanding fair and equitable housing opportunities

4. Assisting in the creation of new affordable housing in the City

5. Providing sites for new housing to be built

6. Addressing existing and emergent housing challenges related to climate change Element Organization
The 2023-2031 Newark Housing Element is comprised of the following major components:
● An introduction to review the requirements of the Housing Element, recent State laws and the community engagement process
● A community profile evaluating Newark's demographic, household and housing characteristics and related housing needs
● An analysis of governmental and non-governmental constraints on housing production and maintenance
● A detailed analysis of sites to accommodate the City’s RHNA for the planning period ● An evaluation of available resources to facilitate the production and maintenance of housing, including housing sites, financial and administrative resources available for housing, and opportunities for energy conservation
● A Housing Plan for addressing the City's identified housing needs, constraints and resources; including housing goals, policies and programs A series of appendices provide additional documentation. ● Appendix A is a presentation of the Housing Needs analysis. ● Appendix B provides a summary of public input received from the variety of community engagement opportunities undertaken throughout the Housing Element update process. ● Appendix C presents the parcel-specific Housing Element sites inventory.

B. Changes in State Housing Law
In response to California's worsening affordable housing crisis, in each of the last several years the State legislature has enacted a series of bills aimed at increasing production, promoting affordability and creating greater accountability for localities in addressing their housing needs.

The following items in Table 1-1 represent substantive changes to State housing law since Newark's last Housing Element was adopted and certified in 2014. 10 NEWARK GENERAL PLAN HOUSING
Table 1-1: New State Housing Laws Relevant to Housing Element Update Housing Bills Bill Overview
Housing Element Sites Analysis
and Reporting
AB 879 (2017); AB 1397 (2017); SB
6 (2019)
Requires cities to zone more appropriately for their share of regional housing needs and in certain circumstances require by-right development on identified sites. Site analysis must also include additional justification for being chosen, particularly for sites identified to address lower income needs.

No Net Loss Zoning
SB 166 (2017)
Requires cities to identify additional low-income housing sites in their Housing Element when market- rate housing is developed on a site currently identified for low-income housing.

Affirmatively Furthering Fair
Housing
AB 686 (2017)
Housing Elements must contain an Assessment of Fair Housing, consistent with the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule. The AFFH sections must include a summary of fair housing issues in the jurisdiction; a summary of fair housing data including contributing factors to fair housing issues; analysis of Housing Element sites in relation to AFFH; and an AFFH program that includes meaningful action.

Accessory Dwelling Units and
Junior Accessory Dwelling Units
AB 494 (2017), SB 229 (2017), AB
68 (2019), AB 881 (2019), AB 587
(2019), SB 13 (2019), AB 670
(2019), AB 671 (2019), AB 3182
(2020)
The State enacted legislation in both 2017 and 2019 to further assist and support the development of ADUs, including "by right" approval for one-bedroom units less than 850 square feet and two-bedroom units less than 1,000 square feet. and Junior ADUs less than 500 square feet.

Density Bonus
AB 1763 (2019), AB 2345 (2020)
Permits 100% affordable projects to be built denser and taller through three modifications to current Density Bonus Law. AB 2345 creates additional incentives and also requires the annual progress report to include if density bonuses have been granted.

Housing Crisis Act of 2019
SB 330 (2019)
Seeks to boost homebuilding by expediting approvals for housing development, including application processing times. SB 339 also prevents jurisdictions from decreasing a site's housing capacity through tools such as downzoning if that would preclude a jurisdiction from meeting its RHNA targets. Also, any project that includes demolition of housing units must replace or exceed that number of units. Any demolished units occupied by low-income households must be replaced with new units that are affordable to that same income level.
11 NEWARK GENERAL PLAN HOUSING
Housing Bills Bill Overview
Surplus Land for Affordable
Housing
SB 1486 (2019), AB 1255 (2019)
Expands definition of surplus land and puts additional restrictions on the disposal of surplus land.

Jurisdictions must include information about surplus lands in the Housing Element and Annual Progress Reports. A central
inventory of surplus lands also must be submitted to HCD.

Emergency and Transitional
Housing Act
AB 139 (2019)
Amends assessment method to show site capacity, including using the most up-to-date point-in-time count. Additionally, the bill modifies parking requirement for emergency shelters. The Housing Element must include all of this information as well as analysis of the jurisdiction's special needs populations.

Supportive Housing Streamlined
Approval
AB 2162 (2018)
Requires supportive housing to be a use by right and eliminates parking if close to transit.

Safety Element Changes
SB 1035 (2018), SB 99 (2019), SB
747 (2019)
Updates requirements for the General Plan Safety Element including expanded information on environmental hazards facing jurisdictions and analysis of emergency evacuation routes. These updates must occur at the same time as the Housing Element updates.

C. Relation to Other General Plan Elements
The City of Newark's General Plan is comprised of the following eleven Chapters: 1) Introduction; 2) Planning Framework; 3) Land Use; 4) Transportation; 5) Housing; 6) Economic Development; 7) Conservation and Sustainability; 8) Parks, Recreation, and Open Space; 9) Environmental Hazards (to be renamed Safety Element); 10) Health and Wellness; and 12) Community Services and Facilities. Except for the Housing Element which was updated to be consistent with other elements, the other Newark General Plan Elements were adopted by the Newark City Council on December 12, 2013. State law requires that the General Plan be internally consistent. The Housing Element is consistent with Goals and Policies of the other elements of the General Plan.

The City will ensure consistency between the Housing Element and the other General Plan elements so that policies introduced in one element are consistent with other elements.

Whenever any element of the General Plan is amended in the future, the Housing Element will be reviewed and modified, if necessary, to ensure continued consistency between elements. 12 NEWARK GENERAL PLAN HOUSING
General Plan and Housing Element Consistency
The City of Newark’s General Plan, adopted in 2013, is the city’s long term vision for the growth and development. There are a number of elements that are interconnected with the goals and policies of the Housing Element: The Land Use Element, Transportation Element, Economic Development Element, and the Health and Wellness Element.

The Land Use Element seeks to encourage redevelopment and promote infill in strategic areas to create new pedestrian oriented, high-density, mixed-use, and transit-oriented development, especially around the proposed Dumbarton Rail station and Old Town neighborhood. The Land Use Element seeks to ensure that the design of new development is responsive to existing residential neighborhoods and community character. The Land Use Element’s policies and actions encourage new housing opportunities for all residents, through increasing ADU production and inclusionary zoning, to co-locate services, parks and recreation to increase access to residential opportunities.

The Transportation Element reinforces elements of the Land Use Element through the emphasis on high density, mixed use housing development in proximity to public transportation. The element also looks at the addressing parking requirements for housing to ensure the number of parking spaces is reflective to the use, resident type and location.

The Economic Development Element is focused on the revitalization of the NewPark Mall area, reducing commuter times through jobs housing balance, and ensuring that new development has a positive economic impact for the city.

The Health and Wellness Element looks at connecting land use planning with the reduction of greenhouse gas emissions and general community health through increasing access to healthy foods. This year a new chapter will be added to the Health and Wellness Element, this chapter will work to:
● Reduce pollution exposure and improve air quality
● Promote access to public facilities
● Promote access to healthy foods
● Promote safe and sanitary homes
● Promote physical activity
● Promote civic engagement
Upon adoption, this Housing Element will be incorporated into the 2013 General Plan, updating the existing Housing Element. This Housing Element was prepared to maintain internal consistency with other elements of the General Plan. In addition, State law requires that other General Plan elements be reviewed and/or modified upon adoption of the Housing Element.

Senate Bill (SB) 1035 requires the safety element to be revised upon update of the Housing Element to include new information on fire hazards, flood hazards, and climate adaptation and 13 NEWARK GENERAL PLAN HOUSING
resilience strategies. The City will be updating the Environmental Hazards Element (to be renamed the Safety Element) in conjunction with the 2023-2031 Housing Element update. The City will maintain consistency between the Housing Element and the other General Plan elements so that policies introduced in one element are consistent with other elements.

D. Community Engagement
The City of Newark maintains an ongoing commitment to providing meaningful community engagement in partnership with community based organizations and in collaboration with other city departments in order to reach all segments of the population.Through a multi-pronged and multi-lingual approach, City staff worked to provide opportunities for community engagement over the course of the Housing Element update process.

Findings from the Community Engagement process were used to inform Newark’s Fair Housing Assessment and the goals, policies, and programs of the Housing Element update. See Section 3 (Affirmatively Furthering fair Housing) and 6 (Goals, Policies, & Programs) for more information.

Public Comment from HCD review process
During the HCD Review process, the City received comment letters from East Bay for Everyone, Save the Bay, Greenbelt Alliance and the Planning Commission and the public. Comments and responses received during the comment period focused on making adjustments to parking to better facilitate affordable housing development, programs to increase missing middle housing, aligning housing with active transportation investments and concern about housing development in the floodplain areas of the city. Comment letters and responses can be found in Appendix D.

Outreach Methods Utilized:

Social Media
The City and consultants utilized social media promotion for pop up events, promoting the website and a housing survey through Facebook. Content was posted on Facebook pages for the City of Newark, Newark Unified School District, Promotores, and Newark Recreation and Community Services.

Posters and Flyers
In addition to social media, the city used more traditional forms of communication, including the distribution of posters and flyers. Posters were distributed and posted in a variety of public places throughout the city, including parks, community centers, and other public buildings, local 14 NEWARK GENERAL PLAN HOUSING
businesses and with faith-based communities. Posters and flyers were translated into Spanish, Simplified Chinese, Vietnamese and Tagalog in order to reach a broad spectrum of the community.

Places the city posted:
● Newark Public Library
● Mel Nunes Skate Park
● NewBark Dog Park
● Restaurants in partnership with community groups
● Senior Center
● Silliman Community Activity Center
● Newark Community Center and childcare center
Flyers were shared at popular and frequented sites in the community and distributed at in-person community events. The flyers had a QR code that connected residents directly to the website and housing survey.

Website
The city also created a unique, dedicated stand-alone website that is translatable in three languages, and also touches on issues of environmental justice. The website is the hub for the community to access information on the housing element update and opportunities for engagement including in-person events, email updates, and our survey.

In Person Engagement: Meeting The Community Where They Are The city conducted in person community engagement in a variety of locations and events around the city. They engaged with residents at Family Day in the Park on April 9, 2022, spent time connecting with folks at the Newark Public Library on a busy Saturday, visited the senior center for Bingo, and Tri City food pantry mobile pop up. These provided an opportunity for city staff to answer questions, and encourage residents to take part in the housing survey.

One On One Interviews and Listening Sessions
The city conducted one-on-one interviews with staff from the Housing Consortium of the East Bay (HCEB), an organization that creates inclusive communities for individuals with developmental disabilities or other special needs, and a member of the Newark Parent leadership team with Newark Unified School district. We gained insight and guidance into the needs of families and those with developmental disabilities.

Meeting with a member of the Newark Parent leadership team, the city heard there needs to be more affordable housing, as families are being displaced, or forced to live in hotels on a short-term basis. The member shared that households are kept out of the rental market due to unattainable 15 NEWARK GENERAL PLAN HOUSING
income requirements, and they cited the need for rent control in order to make housing more attainable. There is a need to have more homeownership opportunities that are attainable to a larger demographic. The lack of stable housing and internet access places these children at a disadvantage both educationally, mentally and physically. Increasing access to enrichment and after school activities at the Silliman Center was seen as a beneficial element for the city to develop in conjunction with affordable housing.

Survey
From March 15th through April 30th 2022, 342 people participated in the City of Newark’s online community conversation about housing issues and opportunities in Newark. 300 of those responses were in English, 38 in Spanish and 4 in Chinese.

Participants were invited to answer a series of 22 questions covering housing experience and preference, environmental justice and demographic information. The survey was hosted on the SurveyMonkey platform accessible via the city’s webpage.

The survey was distributed and advertised in multilingual materials through various platforms to reach as broad of a cross section of the community as possible. It was promoted through the social media pages of the City of Newark, Newark Recreation and Community Services, Newark Police Department, and Newark Unified School District. It was also listed in print newsletters that were sent to all Newark residents, the Clark W. Redeker Newark Senior Center email list, and the Alameda County Health Department Developmental Disabilities council list. To reach those lacking internet access, we conducted in-person outreach at the city’s Family Day in the Park event and the Newark Library where residents and workers could take our survey on paper or an iPad.

We also utilized our partnerships with local organizations to share our survey with special needs populations. We worked in partnership with the group Promotores to reach the Latino community.

We also reached out to nonprofit organizations that support people experiencing and escaping from domestic violence, and transitioning from homelessness, to share the survey with them. With the intention of connecting with families, we reached out to the Newark Unified School District parent leadership committees, and was able to gain valuable insight into the needs of families in the city.

Essential insight from the survey is that quality of life, in addition to increasing housing affordability and homeownership opportunities for Newark residents is of great importance and concern. For the full survey questions and responses, see Appendix B. 16 NEWARK GENERAL PLAN HOUSING
Example survey page Example flyer
WHAT WE HEARD Residents are very concerned about housing affordability 53% of respondents to the English language survey are very concerned about housing affordability. 87% of respondents in the Spanish language survey are very concerned about housing affordability.

The three biggest issues to address for housing affordability:

1. More homeownership opportunities, especially affordable homeownership for first time homebuyers

2. More affordable rental opportunities

3. Low cost home improvements for seniors and low income households The most urgent affordable housing needs are: housing on both ends of the spectrum. Housing for large families as well as for smaller households.

1. Housing for families: Large and intergenerational. Housing for single parents was brought up in comments repeatedly throughout the survey

2. Housing for smaller households

3. Housing for low income and underserved households

4. Housing for seniors
17 NEWARK GENERAL PLAN HOUSING
WHAT WE HEARD Housing prices have risen, making housing unaffordable to many ● 40% of respondents are in housing that is not affordable to them ● 17% of respondents are in housing that they can afford but does not meet their needs ● 43% in housing they can afford and like
WHAT WE HEARD Not everyone feels that they live in a neighborhood of opportunity What would make your neighborhood feel like it has more opportunity?

1. City infrastructure that supports physical activity, including sidewalks, bike lanes, parks, and rec centers

2. Affordable, safe, and healthy housing choices

3. Educational opportunities that are academically and culturally supportive WHAT WE HEARD People are interested in a variety of housing types Residents were most interested in low scale housing types. Backyard cottages were the most favorable housing type. Cottage clusters and Townhomes were similarly favored housing types, while small to mid-size multifamily housing and multi-family buildings downtown were the least favored.

Who We Heard From
There were 342 overall participants, 300 of which responded in English, 38 in Spanish and 4 in Chinese.

There were five demographic questions, including the survey respondent’s connection to Newark, living situation, age and race. This information helped us understand if participants were representative of the city’s general population and helped us refine subsequent outreach and engagement to improve representation.

In summary, most participants identified as White (31%), followed by Hispanic/Latino (24%) and Asian/Asian American (18%). While nearly half were between the ages of 30 and 49, the remaining were split between people aged 20 to 29 (3%), 50 to 69 (21%), and over 70 (5%). The majority of respondents live in Newark (71%) and in a single family home (57%), and nearly half are homeowners (49%).

Community Meeting
The City held an online community meeting with 50 attendees on June 22 2022, to share with the community the findings from the survey and obtain general feedback on proposed goals and 18 NEWARK GENERAL PLAN HOUSING
policies that we had developed in response to research and survey results. We advertised the meeting through email communication to local organizations, posters in laundromats and grocery stores such as 99 Ranch that are located in low-income neighborhoods with a majority of BIPOC community members, as well as on social media sites for the Newark Public Library, the parents of NUSD, community organizations such as the Promotores, and the City of Newark. The meeting provided simultaneous translation in both Mandarin Chinese and Spanish, with small break out groups to help residents feel comfortable discussing their thoughts.

WHAT WE HEARD Newark needs to plan for climate change
● Making Newark the green city by the bay: Incorporating and increasing access to public parks, preserving existing ecologically sensitive land, and increasing tree planting to combat increased heat
● Building for energy efficiency: requiring solar panels on homes, insulation, and water conservation
● Increasing access to transportation options: increasing bus access, and building bike lanes to support active transportation with bikes and scooters. ● Building a walkable city: planning housing close to existing amenities such as schools, parks and grocery stores for walkability
WHAT WE HEARD Residents want to stay in their communities, and right now it’s challenging, with many facing displacement
● Supportive resources: Residents, documented and undocumented, need more support and increased access to housing resources and tenant protections “We all deserve housing”
● Innovative programs: Seniors on a fixed income need more support to remain in their homes and communities
“Developing a shared housing program with othersthat need a room to rent, connectseniors with single people who need affordable housing. Helpsseniors on limited incomes” ● Protect tenants: The city needs programs to combat gentrification such as protections from rapid increases in rent
“Rentsincrease but our incomes do not. The median income isreally very high for Newark,so you have a lot of people who need housing at the low and very low incomes.” 19 NEWARK GENERAL PLAN HOUSING
● Build + preserve homes: More affordable housing is needed for a variety of income levels and housing types. Families, and those transitioning out of homelessness are especially in need.
“It is very hard to move people who have been homelessinto permanent housing, we need more optionsfor those that are on SSI and extremely low incomes” – Director of Second Chance Public Communication for the Draft Housing Element
Newark released the Draft Housing Element for Public Review for 30 days on February 24th, 2023 to March 27th, 2023. The greater Newark community was made aware of the public review and comment period through a variety of channels, including social media, email, the website and a community meeting.

Social media outreach was conducted multiple times a week, with bilingual posts in English and Spanish connecting residents with information about the housing element update such as the release of the draft for comment and the community meeting.

City staff sent out an email announcement that the housing element is available for public comment to 16 community based organizations that are representative of the ethnic and linguistic diversity of Newark. Other organizations included the Alameda County coalition for disability, Def plus, and the domestic violence shelter. Working with the Newark Unified School District, Newark sent out a bilingual community meeting invite over Peachjar, sending the message to parents and caregivers district wide. City staff engaged with the Spanish speaking community, meeting with the local Promotoras group and providing a translated summary of the housing element in Spanish on the website.

Newark hosted a virtual community meeting, the evening of March 22nd, 2023. The meeting provided Spanish and American Sign Language translation to ensure the attendees would be able to participate fully. City staff got the word out through email, social media posts on city and public library sites, and bilingual posters in key locations such as community center, library and laundry mat to reach those without access to the internet.

The website continues to be a source of information for updates on community meetings and Housing Element timelines. A recording providing the public with an overview of the housing element update, how to access and review the draft, the draft goals and a highlight of some of the proposed programs was posted to walk community members through the process.

Detailed Public Comments are provided as Appendix D below. 20 NEWARK GENERAL PLAN HOUSING
SECTION 2 HOUSING NEEDS
The Housing Needs Assessment analysis of housing and population characteristics, housing needs for vulnerable population groups, as well as the cities growth and employment, to provide the foundation for the development of the goals, policies and programs to meet the future and current needs of the residents.

This section pulls from various sources, primary data sources were compiled by the Association of Bay Area Governments (ABAG) in 2021. ABAG utilized the US Census, American Community Survey (ACS), the US Department of Housing and Urban Development (HUD), California Department of Finance (DOF), California Employment Development Department (EDD). If possible, data was updated to most recent available data and local sources were utilized.

SUMMARY
● Population – Generally, the population of the Bay Area continues to grow because of natural growth and because the strong economy draws new residents to the region. The population of Newark increased by 15.3% from 2000 to 2020, which is above the growth rate of the Bay Area
● Age – In 2019, Newark’s youth population under the age of 18 was 10,015 and senior population 65 and older was 6,038. These age groups represent 21.2% and 12.8%, respectively, of Newark’s population.
● Race/Ethnicity – In 2020, 23.7% of Newark’s population was White while 3.9% was African American, 33.9% was Asian, and 34.8% was Latinx. People of color in Newark comprise a proportion above the overall proportion in the Bay Area as a whole. 1 ● Employment – Newark residents most commonly work in the Manufacturing, Wholesale & Transportation industry. From January 2010 to January 2021, the unemployment rate in Newark decreased by 3.7 percentage points. Since 2010, the number of jobs located in the jurisdiction has increased by 4,650 (29.9%). Additionally, the jobs-household ratio in Newark has increased from 1.33 in 2002 to 1.49 jobs per household in 2018. 1 The Census Bureau’s American Community Survey accounts for ethnic origin separate from racial identity. The numbers reported here use an accounting of both such that the racial categories are shown exclusive of Latinx status, to allow for an accounting of the Latinx population regardless of racial identity. The term Hispanic has historically been used to describe people from numerous Central American, South American, and Caribbean countries. In recent years, the term Latino or Latinx has become preferred. This report generally uses Latinx, but occasionally when discussing US Census data, we use Hispanic or Non-Hispanic, to clearly link to the data source.

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● Number of Homes – The number of new homes built in the Bay Area has not kept pace with the demand, resulting in longer commutes, increasing prices, and exacerbating issues of displacement and homelessness. The number of homes in Newark increased, 11.2% from 2010 to 2020, which is above the growth rate for Alameda County and above the growth rate of the region’s housing stock during this time period. ● Home Prices – A diversity of homes at all income levels creates opportunities for all Newark residents to live and thrive in the community.
○ Ownership – The largest proportion of homes had a value in the range of $750k-$1M in 2019. Home prices increased by 133.9% from 2010 to 2020. ○ Rental Prices – The typical contract rent for an apartment in Newark was $2,110 in 2019. Rental prices increased by 61.1% from 2009 to 2019. To rent a typical apartment without cost burden, a household would need to make $84,720 per year.
2 ○ Housing Type – It is important to have a variety of housing types to meet the needs of a community today and in the future. In 2020, 69.6% of homes in Newark were single family detached, 9.5% were single family attached, 4.4% were small multifamily (2-4 units), and 16.5% were medium or large multifamily (5+ units).

Between 2010 and 2020, the number of single- family units increased more than multi-family units. Generally, in Newark, the share of the housing stock that is detached single family homes is above that of other jurisdictions in the region. ● Cost Burden – The U.S. Department of Housing and Urban Development considers housing to be affordable for a household if the household spends less than 30% of its income on housing costs. A household is considered “cost-burdened” if it spends more than 30% of its monthly income on housing costs, while those who spend more than 50% of their income on housing costs are considered “severely cost-burdened.” In Newark, 19.2% of households spend 30%-50% of their income on housing, while 12.4% of households are severely cost burdened and use the majority of their income for housing. ● Neighborhood – 9.7% of residents in Newark live in neighborhoods identified as “Highest Resource” or “High Resource” areas by State-commissioned research, while 11.0% of residents live in areas identified by this research as “Low Resource” or “High Segregation and Poverty” areas. These neighborhood designations are based on a range of indicators covering areas such as education, poverty, proximity to jobs and economic opportunities, low pollution levels, and other factors.
3 3 For more information on the “opportunity area” categories developed by HCD and the California Tax Credit Allocation Committee, see this website: https://www.treasurer.ca.gov/ctcac/opportunity.asp. The degree to which different jurisdictions and neighborhoods have access to opportunity will likely need to be analyzed as part of new Housing 2 Note that contract rents may differ significantly from, and often being lower than, current listing prices.

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NEWARK GENERAL PLAN HOUSING
● Special Housing Needs – Some population groups may have special housing needs that require specific program responses, and these groups may experience barriers to accessing stable housing due to their specific housing circumstances. In Newark, 7.6% of residents have a disability of any kind and may require accessible housing. Additionally, 18.7% of Newark households are larger households with five or more people, who likely need larger housing units with three bedrooms or more. 11.8% of households are female-headed families, which are often at greater risk of housing insecurity.

A. Population Growth and Trends
In recent decades, Newark’s population has seen rapid growth, with an increase of 15.3 percent from 2000 to 2020; this rate is above that of the region as a whole, at 14.8 percent. In 2020, the population of Newark was estimated to be 48,966 (see Table 2-1). From 1990 to 2000, the population increased by 12.2 percent, while it increased by just 0.2 percent during the first decade of the 2000s. In the most recent decade, the population increased by 15 percent. The population of Newark makes up three percent of the population in Alameda County.

Table 2-1: Population Growth Trends
Geography 1990 1995 2000 2005 2010 2015 2020
Newark 37,861 39,681 42,471 43,522 42,573 44,371 48,966 Alameda
County
1,276,702 1,344,157 1,443,939 1,498,963 1,510,271 1,613,528 1,670,834 Bay Area 6,020,147 6,381,961 6,784,348 7,073,912 7,150,739 7,595,694 7,790,537 Source: California Department of Finance, E-5 series
Age
In recent years the population of youth has declined slightly with continued growth in those 55 and over. In 2019, Newark’s youth population under the age of 18 was 10,015 and the senior population 65 and older was 6,038. These age groups represent 21.2 percent and 12.8 percent of Newark’s population. Figure 2-1 shows slight increases in population in the 25-34 age group, and the 55 to 64+ age group. The increase in senior population can possibly be attributed to the establishment of a new affordable senior housing development. Community members have shown a preference for more walkable, mixed-use neighborhoods that are close to work, schools, parks, and amenities. The majority of seniors prefer to stay in their homes and communities, known as aging-in-place. Yet many live on fixed incomes and may have mobility issues as they age, which Element requirements related to affirmatively furthering fair housing. ABAG/MTC will be providing jurisdictions with technical assistance on this topic this summer, following the release of additional guidance from HCD.

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require supportive services. Similar financial and mobility obstacles exist for many of Newark’s households with special needs. Younger generations are less likely to own homes and have less savings than previous generations; they are more likely to live alone and delay marriage. Yet, many are growing their families, reflected by a higher percentage of families with children in Newark versus the County and Bay Area, and therefore may be in greater need of support when purchasing their first home. Coupled with increasing housing prices, it is more difficult for younger generations to rent or purchase a home than it is for current residents. For these reasons, Newark residents consider the three biggest issues to address housing affordability as: (1) more homeownership opportunities, especially for first time homebuyers; (2) more affordable rental opportunities; and (3) low cost home improvements for seniors and low income households. We therefore must address how to support our seniors as they get older so they can stay in their homes and communities, and make sure young people and households with special needs, new families, and our workers can find housing that is affordable and accessible.

Figure 2-1: Population by Age, 2000 to 2019
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B01001 HOUSING NEEDS 24

NEWARK GENERAL PLAN HOUSING
Race & Ethnicity
Since 2000, the percentage of residents in Newark identifying as White has decreased – and at the same time, the percentage of residents of all other races and ethnicities has increased – by 18.6 percentage points, with the 2019 population standing at 11,168 (see Table 2-2). In absolute terms, the Asian / API, Non-Hispanic population increased the most while the White, Non-Hispanic population decreased the most. In 2020, 23.7 percent of Newark’s population was White while four percent was African American, 33.9 percent was Asian, and 34.8 percent was Latinx. People of color in Newark comprise a proportion above the overall proportion in the Bay Area as a whole. 4 When planning for housing, we need to consider a variety of housing needs—like larger homes for multi- generational families or those with more children—and how to create opportunities for everyone to access quality, affordable housing near schools, transit, jobs, and services.

Past exclusionary practices have prevented people of color from purchasing homes, living in certain neighborhoods, and building wealth over time. As a result, they are more likely to experience poverty, housing insecurity, displacement, and homelessness. And while many of our communities are very diverse, we are still contending with segregation and a lack of equitable opportunities. To help prevent displacement due to gentrification and to create a future where it is possible for everyone to find the housing they need, it will be important to plan for a variety of housing types and affordability options in all neighborhoods.

Table 2-2: Population by Race 2000 to 2019
Year
American Indian
or Alaska Native
Asian / API
Black or African
American
White
Other Race or
Multiple Races
Hispanic or
Latinx
2000 148 9,329 1,639 17,103 128 12,145
2010 95 12,005 1,908 11,726 1,845 14,994
2019 130 16,002 1,818 11,168 1,661 16,392
Source: U.S. Census Bureau, Census 2000 SF1, Table P12; U.S. Census Bureau, Census 2010 SF1, Table P12; U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B01001 4 The Census Bureau’s American Community Survey accounts for ethnic origin separate from racial identity.

The numbers reported here use an accounting of both such that the racial categories are shown exclusive of Latino status, to allow for an accounting of the Latinx population regardless of racial identity. The term Hispanic has historically been used to describe people from numerous Central American, South American, and Caribbean countries. In recent years, the term Latino or Latinx has become preferred. This report generally uses Latino, but occasionally when discussing US Census data, we use Hispanic or Non-Hispanic, to clearly link to the data source.

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Employment Characteristics
By 2050 the number of jobs in South Alameda County will increase to 221,000, 19% ofthe projected growth for the County
5 In Newark there are 17,935 employed residents, and 17,168 jobs
6 - the ratio of jobs to resident workers is 0.96; Newark is a net exporter of workers. Despite the overall job growth expected in the county, 92 percent of Newark residents work outside of the City, with a greater number today employed in the peninsula and Silicon Valley.

Figure 2-2 shows the balance when comparing jobs to workers, broken down by different wage groups, offering additional insight into local dynamics. A community may offer employment for relatively low- income workers but have relatively few housing options for those workers - or conversely, it may house residents who are low wage workers but offer few employment opportunities for them. Such relationships can potentially contribute to an unbalanced demand for housing in particular price categories. A relative surplus of jobs relative to residents in a given wage category suggests the need to import those workers, while conversely, surpluses of workers in a wage group relative to jobs means the community will export those workers to other jurisdictions.

Newark has more low-wage jobsthan low-wage residents(where low-wage refers to jobs paying less than $25,000). At the other end of the wage spectrum, the city has more high-wage residents than high-wage jobs(where high-wage refers to jobs paying more than $75,000). In addition to the inflow of workers, our population is growing naturally, meaning more people are living longer while our children are growing up and moving out into homes of their own. All of this impacts housing demand.
6Employed residentsin a jurisdiction is counted by place of residence (they may work elsewhere) while jobsin a jurisdiction are counted by place of work (they may live elsewhere). The jobs may differ from those reported abode as the source for the time series is from administrative data, while the cross-sectional data is from a survey.
5 Plan Bay Area 2050 Projected Growth Pattern.

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Figure 2-2: Wage or Works by Place of Residence and Work, by Income, 2015- 2019 Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B08119, B08519 HOUSING NEEDS 27

NEWARK GENERAL PLAN HOUSING
B. Housing Tenure
The 2020 Decennial Census estimates a total of 15, 371 housing units in Newark, with 14,946 as occupied housing units . Of these occupied housing units, 10,185 or 68 percent were owner occupied and 4,761 or 32 percent were renter occupied, compared to approximately 47 percent of Alameda County households that rent and 44 percent of Bay Area households.

Housing Stock Characteristics
This section examines housing stock in Newark from age, condition, type to understand current and emerging needs and analyzing vacancy and cost to understand the affordability.

Housing Age and Type
Housing in Newark was primarily built before 1980, with 53 percent built from 1960 to 1979 (see Figure 2-3). In 2020, 70 percent of homes in Newark were single family detached, 9.5 percent were single family attached, four percent were small multifamily (2-4 units), and 16.5 percent were medium or large multifamily (5+ units). Between 2010 and 2020, the number of singlefamily units increased more than multi-family units. Generally, in Newark, the share of the housing stock that is detached single family homes is above that of other jurisdictions in the region. With 10,385 single family homes in 2020 and 659 two to four unit homes, there is opportunity for Newark to support the increase of missing middle housing types. Programs such as SB9 can further support these efforts, as well as program H2.8 Zoning for Missing Middle Housing.

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Figure 2-3: Housing Age
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019: Table B25034 HOUSING NEEDS 29

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Table 2-3: Number and Type of Housing Units in Alameda County 2022

POPULATION HOUSING UNITS
City Household
Total
Housing
Units
Single Family
Detached
Single Attached Two to Four Five Plus Mobile Homes Occupied Vacancy
Rate
Persons per
Household
# % # % # % # % # %
Alameda 75,677 33,524 13,993 41.7% 3,482 10.4% 6,003 17.9% 9,920 29.6% 126 0.4% 31,473 6.1% 2.40 Albany 18,450 7,946 4,864 61.2% 277 3.5% 954 12.0% 1,823 22.9% 28 0.4% 7,545 5.0% 2.45 Berkeley 105,151 52,921 21,534 40.7% 2,128 4.0% 10,307 19.5% 18,730 35.4% 221 0.4% 48,377 8.6% 2.17 Dublin 68,482 24,977 13,331 53.4% 3,524 14.1% 812 3.3% 7,254 29.0% 56 0.2% 24,040 3.8% 2.85 Emeryville 12,396 7,656 424 5.5% 406 5.3% 766 10.0% 6,023 78.7% 36 0.5% 7,025 8.2% 1.76 Fremont 227,195 79,749 44,781 56.2% 10,210 12.8% 2,718 3.4% 21,314 47.6% 725 0.9% 76,507 4.1% 2.97 Hayward 156,757 52,870 27,328 51.7% 5,599 10.6% 3,063 5.8% 14,476 53.0% 2,403 4.5% 50,794 3.9% 3.09 Livermore 85,444 33,087 22,536 68.1% 3,218 9.7% 1,652 5.0% 5,140 22.8% 541 1.6% 31,968 3.4% 2.67 Newark 47,029 15,811 11,040 69.8% 1,457 9.2% 688 4.4% 2,626 23.8% 0 0.0% 15,329 3.0% 3.07 Oakland 414,325 183,729 75,322 41.0% 7,115 3.9% 33,457 18.2% 67,272 89.3% 562 0.3% 171,880 6.4% 2.41 Piedmont 10,973 3,964 3,679 92.8% 68 1.7% 138 3.5% 78 2.1% 0 0.0% 3,846 3.0% 2.85 Pleasanton 76,830 29,750 18,004 60.5% 2,858 9.6% 1,687 5.7% 6,806 37.8% 395 1.3% 28,581 3.9% 2.69 San Leandro 87,506 32,952 19,659 59.7% 2,008 6.1% 1,952 5.9% 8,436 42.9% 898 2.7% 31,851 3.3% 2.75 Union City 67,434 21,947 13,762 62.7% 2,856 13.0% 821 3.7% 3,489 25.4% 1,019 4.6% 21,467 2.2% 3.14 Source: California Department of Finance, City/County Population Estimates, E5, 2022 HOUSING NEEDS 30

NEWARK GENERAL PLAN HOUSING
Housing Cost and Vacancy
Housing Costs and Vacancy have a pronounced effect on residents' ability to find housing that is affordable , that fits their needs, and be able to purchase a home, allowing them to build equity and stability in the community. Newark has experienced increasing housing costs over the past decade.

The Zillow Home Value Index shows home prices $ 542,000 in 2013, to more than double that in 2022, with an average home value of $1,169,000. Coupled with low vacancy rates of three percent, Newark residents face numerous housing challenges. In relation to other cities in Alameda County, Newark provides fewer housing options, but has a similar percentage of housing types as Union City, and fewer five plus units than Fremont. Only Newark and Piedmont do not have any mobile homes.

In relation to Alameda County and the Bay Area, Newark has a lower percentage of vacancies, with a 3 percent total vacancy rate( Table 2-3) 14 % of rental units are vacant, in comparison to Alameda County at 24 % and the Bay Area at 26% ( Figure 2-8). The largest vacancies are for units that are for sale at 23% and for seasonal use at 30%. Taking into account the increase in housing prices over the last 10 years, with a significant spike in 2018, brings ownership costs to over $900,00, the large vacancy rates for homes sales correlates. Throughout community engagement, community members echoed the data to share that housing costs are too high and unattainable for current residents. In response, programs such as H2.2 an Accessory Dwelling Unit program to incentivise and support the increased development of ADU production, Program H2.6 to Work in Partnership with Newark Unified School District to find creative ways to utilize school properties, Program H2.7 the Affordable housing fund to support non profit developers in developing affordable housing, H4.4 the Small Sites program supports the purchase of small scale multi family housing by affordable housing organizations and H5.1 First Time Homebuyer Assistance. As seen in Figure 2-7, BIPOC communities have lower rates of home ownership, and programs such as H5.1 will focus on supporting those populations.

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Figure 2-4: Newark Zillow Home Value Index, 2013 -2022
The ZHVI is a smoothed, seasonally adjusted measure of the typical home value and market changes across a given region and housing type. The ZHVI reflects the typical value for homes in the 35th to 65th percentile range. The ZHVI includes all owner-occupied housing units, including both single-family homes and condominiums.

Source: Zillow Home Value Index (ZHCI) 2013-2022
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Figure 2-5: Home Values of Owner Occupied Units, 2015-2019 Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B25075 Rental Cost and Affordability
With the recent increase in rents in the Bay Area, affordable housing has become much harder for lower- and moderate-income households to find. This rent burden is an important issue for many households. In Newark 44 percent of rents are from $2,000 to $3,000 dollars per month from the 2021 American Community Survey. Conversely, only 17 percent of residents pay between $500 and $1,500 dollars per month. An indicator of the few choices available for deed restricted affordable housing in the City, which is consistent with what we have heard from community members. This is a slight change from 2019, with a reduction of those paying $1,00 to $2,500 (see Table 2-4), and a sharp increase in those paying $3,000 dollars or more, from 7 percent in 2019 to 20 percent in 2021. The percentage of those paying $500 to $1,000 dollars per month doubled from 3 percent to 6 percent, potentially tied to new affordable senior housing developments.

Newark, in relation to Alameda County and the Bay Area, has an average of 24 percent of residents paying from $2,000 to $3,000 dollars in rent, a higher percentage than both Alameda and the Bay Area with an average of 14 percent (Figure 2-6). In Newark 3 percent of residents were paying $500 to $1,000 dollars per month in cash rent, significantly fewer in comparison to Alameda County at 12 percent and the Bay Area at 10 percent. This wide discrepancy could be attributed to the lack of deed restricted affordable housing, an abundance of single family homes, HOUSING NEEDS 33

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and general housing pressure from high wage earners of Silicon Valley. Table 2-5 shows most recent rents show a general increase in rents from the previous years, with housing for two and three bedrooms seeing the largest increases. With some of the largest family sizes in Alameda County, this places extreme pressure on larger families looking for housing. Housing for large families is one of the key populations the city is focusing on for new housing through their Affordable Housing Action Plan. Programs such as H 2.1 and H2.2 will open up new housing opportunities for residents. H2.7 provides funding for affordable housing developments in Newark.

Figure 2-6: Rents for Renter Occupied Units in Newark, Alameda County, and the Bay Area, 2015- 2019 Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B25056 HOUSING NEEDS 34

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Table 2-4: Newark Cash Rent, 2021
Rent Percent Population
Less than $500 per month 5% 220
$500 to $1,000 per month 6% 270
$1,000 to $1,500 6% 280
$1,550 to $2,000 18% 799
$2,000 to $2,500 22% 979
$2,500 to $3,000 22% 958
$3,000 or more 20% 860
Total with cash rent 100% 4,366
Source: U.S. Census Bureau, American Community Survey 5-Year Data (2017- 2021), Table B25056 Table 2-5: Newark Rents, 2023
Unit Average Rent Year over year change
Studio $1,600 +$200
One Bedroom $2,300 +$55
Two Bedroom $2,900 +$299
Three Bedroom $3,750 +$314
Four Bedroom + $4,950 +$133
Source :Zillow.com, accessed June 21st, 2023
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Figure 2-7: Housing Tenure by Race, 2015- 2919
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B25003 (A-1) Vacancy Rate
Figure 2-8: Vacant Units By Type, 2015- 2019
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B25004 HOUSING NEEDS 36

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Overpayment and Overcrowding
Overall, many residents are paying too much for housing, while many others have been priced out entirely. If a household spends more than 30 percent of its monthly income on housing, it is considered cost-burdened. If it spends more than 50 percent, it is considered severely cost-burdened. In Newark, 12 percent of households spend 50 percent or more of their income on housing, while 19 percent spend between 30 to 50 percent. However, these rates vary greatly across income and race. Of those who are extremely low income—making 30 percent or less of the area median income (AMI)— 365 renter households, or 51 percent, spend more than half of their income on housing, as do extremely low-income owners at a slightly lower number of 255 households
7 . Figure 2-9 shows that renters are more likely to be cost burdened, with twice the number of renters (30%) spending more than 30 percent of their income on housing compared to 16 percent of homeowners, and 14 percent of renters are severely cost burdened. This leaves them with little to meet other basic needs, such as food and healthcare. Since low-income residents and communities of color are the most cost burdened, they are at the highest risk for eviction, displacement, and homelessness. Through the Inclusionary Housing Ordinance, Newark will be able to support the development of affordable housing throughout the city, with a focus on special populations such as seniors and large families.

Overcrowding is defined by the US Census as households with 1.01 persons or more per room (excluding bathrooms and kitchens). Units with more than 1.5 persons per room are considered severely overcrowded. Newark residents are experiencing both overcrowding and severe overcrowding. Table 2-6 shows Newark with 9 percent of the population living in overcrowded conditions, and three percent in severely overcrowded households.

Figure 2-9: Cost Burdened Households, Renters and Homeowners, 2015- 2019 US Census Bureau, American Community Survey, 5 year data, 2015-2019, Table B25070, B25091 7 Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2015-2019 release HOUSING NEEDS 37

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Figure 2-10: Low Income Cost Burdened Households, Renters and Homeowners, 2015- 2019 U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2015-2019 release. Note: For this figure, the definition of cost burdened isspending more than 30% of income on housing.

Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2015-2019 release
Table 2-6 Overcrowding by Regional Population, 2013-2017 Geography

1.00 occupants per
room or less

1.01 to 1.50
occupants per
room

1.50 occupants per
room or more
Newark 88% 9% 3%
Alameda County 92% 5% 3%
Bay Area 93% 4% 3%
Source: Housing and Urban Development, Comprehensive Housing Affordability Strategy, ACS Tabulation. 2013-2017 HOUSING NEEDS 38

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Figure 2-11: Overcrowding by Tenure and Severity, 2013- 2017 Source: Housing and Urban Development, Comprehensive Housing Affordability Strategy, ACS Tabulation. 2013-2017 Substandard Housing Units
High housing costs can often result in households, particularly renters, living in substandard conditions to afford housing. Through public comment and mapping of code enforcement reports, there is a high concentration of substandard housing conditions in the Mirabeau and Old Town/ Central neighborhoods from 2018 to the present, some of the oldest housing stock in the city. US Census data shows that a small number of homeowners and renter households experience substandard housing with .3 percent having substandard kitchens. That would translate to 42 homeowners and 37 rental units. Homeowners reported 0.1 percent of homes without adequate plumbing, or 12 homes. There were no rental units reported. Due to the fact that over 50 percent of Newark’s housing stock was constructed before 1980, there is potential for other buildings in need of rehabilitation in the near future, and Newark will continue to offer and expand upon home maintenance programs for low and moderate income residents, with a focus on informing residents in the Mirabeau Park and Old Town/ Central Newark neighborhoods. The city has identified 40 units that could use rehabilitation and repair. The existing rehabilitation program has supported about 10 homes per year and with the addition of programs such as H1.1 Housing Rehabilitation and Repair, supporting homeowners with repairs, and H1.2 Citywide inspection program, which will inspect rental properties to ensure safe and healthy living conditions for all will help in addressing these needs and support even more households.

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Table 2-7: Substandard Housing Units, 2015-2019
Building Amenity Owner Renter
Percentage
Kitchen 0.3% 0.3%
Plumbing 0.1% 0.0%
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B25053, B25043, B25049 Subsidized Housing Units at Risk
Currently Newark has a total of 274 low income subsidized housing units (Table 2-8), owned by non profit housing developers. Due to the ownership structure of the housing units, the California Housing Partnership finds these units are at low risk of conversion to market rate housing in the next ten years. Newark Station Seniors, Newark Gardens l and Newark Gardens ll are senior housing developments in Newark that comprise the total number of subsidized housing units.

Table 2-8: Subsidized Affordable Housing Units at Risk of Conversion to Market Rate 2020 Geography Low Moderate High Very High
Total Assisted
Units in Database
Newark 274 0 0 0 274
Alameda County 23,040 167 189 106 23,502
Bay Area 110,177 3,375 1,854 1,053 116,459
Source: Universe: HUD, Low-Income Housing Tax Credit (LIHTC), USDA, and CalHFA projects. Subsidized or assisted developmentsthat do not have one of the aforementioned financing sources may not be included.

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C. Housing Needs for Special Needs Populations
Seniors
Seniors in Newark are a growing population, as long time residents continue to age and the city adds more affordable senior rental housing. As of the 2020 US Census, there are 6,005 Seniors in Newark. Seniors in Newark overwhelmingly are home owners at every income level, with low income seniors having the highest percentage of renters at 37 percent. 8 Low income seniors
experience higher rates of cost burden then moderate and above moderate income counterparts.

Figure 2-12 shows that 37 percent of very low income seniors are cost burdened with 22 percent extremely cost burdened.

Figure 2-12: Senior Households by Income and Tenure, 2013- 2017 Source: Housing and Urban Development, Comprehensive Housing Affordability Strategy, 2013-2017 8 Source: US Department of Housing and Urban Development. Comprehensive Housing Affordability Strategy (CHAS) ACS Tabulation, 2013-2017 release
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Figure 2-13: Cost Burdened Rates by Income Level, Seniors, 2013- 2017 Source: Housing and Urban Development, Comprehensive Housing Affordability Strategy, 2013-2017 Available affordable housing for seniors in Newark includes: Newark Gardens, Newark Gardens 2 , Newark Station, and Timber Senior Housing is under construction with an anticipated completion later this year. As the senior population continues to grow, there will be increased need for housing that is accessible, affordable to those on fixed incomes and allows residents to age in place. In addition to increased types of housing options, seniors need support with the maintenance of their existing homes and their age and spaces that are accessible. Programs to address the growing senior population are program H1.1 Financial assistance with home repair, the adoption of H2.4 Universal Design Ordinance, and program H4.5 will develop a Shared Housing Partnership.

Disability
People with disabilities often face additional housing challenges. Encompassing a broad group of individuals living with a variety of physical, cognitive and sensory impairments, many people with disabilities live on fixed incomes and often need accessible designed housing to live more independent lives. In Newark, eight percent of the population has a disability of any kind, with the majority being ambulatory (Table 2-9). Due to housing challenges of affordability, accessibility and HOUSING NEEDS 42

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discrimination, 87 percent
9 of people with disabilities live with family members in Newark.

Partnering with local organizations that serve people with disabilities will support Newark in developing more housing options to meet the diverse needs of this population. Through community engagement we have connected with organizations providing resources and support to those with disabilities: Deaf Plus, Housing Consortium of the East Bay, and Alameda County Public Health Disability Council. Program H4.7 will identify housing opportunities for those with Developmental disabilities, and program H2.4 for a Universal Design Ordinance.

Table 2-9: Disability by Type, 2015-2019
Persons with Disability Percentage
Total percentage of people with Disabilities 8%
With an ambulatory difficulty 4%
With an independent living difficulty 3%
With a hearing difficulty 3%
With a cognitive difficulty 2%
With a self-care difficulty 2%
With a vision difficulty 1%
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B18102, B18103, B18104, Table B18105, Table B18105, B18107
People Experiencing Homelessness
People experiencing homelessness have steadily increased in Alameda County since 2017, with 9,747 sheltered and unsheltered people at the most recent point in time count on February 22, 2022. The city of Newark has a documented reduction of people experiencing homelessness, from 89 in 2019, to 58 sheltered and unsheltered people in 2022. The point in time count found a total of 32 unsheltered individuals, with 34 percent, or 11 people, living in a tent, with 8 living outside and 7 in a RV. Fewer people were found living in their car, at 6 people or 19 percent. It is no surprise that the largest number of people outside of shelters are living in tents, as the locations with the highest concentrations of people experiencing homelessness are in the undeveloped areas along highway 84, in the Eucalyptus grove, and along the 880. These sites are all concentrated in the Mirabeau and Mayhews Landing areas, in the northern portion of the city due 9 Source: California Department of Developmental Services, Consumer Count by California Zip Code and Residence Type (2020).

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to the proximity of open space for tents along the freeway.

Although Newark has a significantly lower number of people experiencing homelessness than neighboring jurisdictions, housing and homeless support is the most prevalent service request for Newark callers to the countywide 2-1-1 referral service, representing about 42% of all service requests. Newark residents are seeking referrals for low cost rental listings, rent payment and deposit assistance, supportive and transitional housing, emergency shelter, among other services (Eden I&R Referral Service, January 2020 through March 2022).

Currently Second Chance provides transitional housing for those experiencing homelessness in Newark. The facility has 32 beds, with the shelter at 81 % capacity on the point in time count. In conversation with John Balentine, Executive Director of Second Chance, he shared that as an organization, they budget funds for transportation, providing bus passes and having a van to transport residents if public transportation is not sufficient.

The city has engaged in a number of actions to address homelessness in Newark. There is a partnership with the Fremont Family Resource Center to provide support to Newark households at risk of becoming homeless, and the city was awarded a HomeKey grant to convert the Towne Place Suites extended stay hotel into 124 supportive, affordable residential units known as Cedar Community Apartments. The Housing Navigation Center in Fremont has prioritized space for those experiencing homelessness from the greater Tri City area. The 2021 Housing Navigation Center Annual report showed 8 percent or 6 Newark residents were supported. The City also partners with the city of Fremont to provide access for personal hygiene, with a mobile unit coming to Newark once a week for showers and laundry.

Utilizing American Rescue Plan Act funding, the city is working to establish a local family resource center in the Old Town/ Bayside neighborhood. This resource center would provide an initial point of access to any residents in need of social services. Some services could be accessed directly at the center through third party social service providers or referrals could be made to other agencies,and a space for the Promotores, a local organization for the Latino Community. Most recently the city has created a Homelessness Committee with members from various City departments to develop a cohesive plan to address homelessness and have launched a Human Resources webpage, connecting the community with resources for people experiencing homelessness such as housing, transportation. and food pantries around the city.

The city has developed a number of programs in response to the needs of people experiencing homelessness identified : Program H2.5 will continue to build upon the work the city has undertaken to develop a local response to homelessness. Program H2.10, makes changes to increase uptake of Single Room Occupancy or (SROs), an affordable housing type, Program H4.10, identifies zoning changes for special needs housing, and Program H4.8 connects residents with foreclosure assistance. The following is a list of agencies operating support services, emergency shelters, and transitional and supportive housing in Newark and the surrounding area:

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● Viola Blythe Community Services Center, Newark. Viola Blythe provides services for Children, men, women and families in immediate need can use the services and programs of the Viola Blythe Community Service Center. No fees are charged for any services provided. Some services include food distribution, baby food and formula, clothing, children’s shoe fund, and referrals to other agencies.
● Clean Start Mobile Hygiene Unit. For someone experiencing homelessness, keeping yourself and your clothes clean can be incredibly challenging, and can greatly impact your ability to get and keep a job, or simply participate in society. To meet this need, the City of Fremont, City of Newark, and several community partners developed the Clean Start Mobile Hygiene Program to provide much-needed shower and laundry services to our homeless neighbors.This mobile hygiene van travels between Fremont, Newark and Union City each week.
● Centro de Servicios, Union City. Centro de Servicios has assisted more than 800 families and individuals every month since its inception in 1974. This nonprofit corporation is a major service provider for the homeless population in Alameda County’s Tri-City area. The center provides basic necessities, such as food, clothing, and blankets as well as referrals, counseling, job listings, and workshops to its clients. Recently celebrating 40 years of operations, Centro de Servicios serves over 1,300 families per month, out of multiple locations. Staff estimates that they assist at least 20-50 homeless or at-risk clients from Union City per week. Most (80 percent) of these clients are Latino. Many live in substandard housing, in their cars, or at local parks and campgrounds. Staff makes referrals to nearby shelters, especially Sunrise Village in Fremont and Second Chance in Newark. ● Second Chance Addiction Recovery. Second Chance is a counseling and recovery agency that operates five outpatient centers in addition to a short-term emergency shelter. They have locations in Newark, Hayward, Phoenix, and the Tri-City area. The emergency shelter has 30 beds for single men, women, and for families. Addiction recovery services are provided on-site and there is not typically a waiting list to receive treatment and recovery services.
● Abode Services (formerly known as Tri-City Homeless Coalition), Fremont. Abode Services operates nearly 60 primary programs across six counties and has experienced dramatic growth in response to the increasing need for affordable housing and services for homeless people. Abode Services works to provide housing and services to homeless people in the community as they work to help people remain stably housed and live as independently as possible. In 2021 they served 14,700 adults and children across their programs. In Alameda and Santa Clara Counties, Abode offers three main types of services:
emergency shelter and street outreach services, supportive housing for formerly homeless families and individuals, and supportive services, such as mental health services and employment support. They provide extensive services to Tri-City residents, including permanent supportive housing, emergency shelter and services at Sunrise Village Emergency Shelter in Fremont, and social and health services though the HOPE Project Mobile Health Clinic. Their programs serve a wide variety of people, including families with HOUSING NEEDS 45

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children, at risk youth exiting foster care, veterans and their families, and people who are chronically homeless. In 2021, 5,542 participants throughout Alameda County received support.
● Safe Alternatives to Violent Environments (SAVE). SAVE is a non-profit community-based organization founded in 1976 to address domestic violence. They provide supportive services, advocacy and education, and a 25-bed safe house for families fleeing abuse. From 2020 to 2021, 1,265 participants received critical services from SAVE. SAVE also provided shelter to 98 women and children and provided rent subsidies and ongoing case management to 60 families in the Housing First Program.

Large Households
Large Families are considered to have 5 or more people, bringing about the need for larger housing units with three bedrooms or more. Figure 2-13 shows Newark has a larger percentage of families with 3 or more people than Alameda County and the Bay Area, with 38 percent of households with 3 or more, and 19 percent of households with five or more people. While Newark has a large inventory of single family homes, the cost of rent and ownership place many of these homes beyond reach for families. Families also face costs such as child care, increased transportation and medical care that further reduce their housing budget allowance. The pace of construction of multifamily and affordable units has not kept pace with that of market rate single family homes in Newark. Program H5.2 Affordable Housing Development Programs work to increase the number of affordable housing constructed in the city. Newark’s Affordable Housing Action Plan has identified large families as a community of focus for new housing needs.

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Figure 2-14: Households by Household Size, 2015- 2019
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B11016 Female Headed Household
Government Code Section 65583(a)(7) identifies families with female heads of households as a group that may have special housing needs and requires the City to analyze the housing needs of these households. Female-headed households are households led by a single female with one or more children under the age of 18 at home. In Newark, 11 percent of households are female-headed families, which are often at greater risk of housing insecurity. A greater number of single parent headed households are renters, with 67 percent of married households owning homes, compared to 16 percent of female headed households (Figure 2-15). Female headed households have a significantly higher vulnerability to poverty, 22.8 percent of female-headed households with children fall below the Federal Poverty Line, while 5.7 percent of female-headed households without children live in poverty (Source: U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B17012 ). As Female headed households face challenges of familial housing discrimination, limited income due to wage discrimination against women makes this population have higher rates of poverty and vulnerability to being housing cost burdened.

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Figure 2-15: Household Type, 2015- 2019
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B11001 HOUSING NEEDS 48

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Figure 2-16: Household Type by Tenure, 2015- 2019
Source: US Census Bureau, American Community Survey, 5 Year Data, 2015-2019, Table B25011 Existing housing need for extremely low-income households Residents with extremely low incomes, less than 30% of the Area Median Income, face extreme housing challenges due to fixed or low incomes, credit, disability, family structure and access to affordable housing. In Newark, 58% of households make more than 100% of the Area Median Income (AMI), compared to 10% making less than 30% of AMI, which is considered extremely low-income (see Figure 2-17). In Newark, renters are disproportionately experiencing cost burden, with 30 percent of renters cost burdened and 14 percent spending more than 50 percent of their income on housing (Figure 2-9) . Regionally, more than half of all households make more than 100% AMI, while 15% make less than 30% AMI. In Alameda County, 30% AMI is the equivalent to the annual income of $34,850 for a family of four. Many households with multiple wage earners – including food service workers, full-time students, teachers, farmworkers and healthcare professionals – can fall into lower AMI categories due to relatively stagnant wages in many industries.

To estimate the projected housing need for extremely low-income households, 50 percent of Newark’s 464 very low-income RHNA units are assumed to serve extremely low-income households. Based on this methodology, the City has a projected need of 232 units for extremely HOUSING NEEDS 49

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low-income households over the 2023-2031 Housing Element planning period. More than half of this allocation will be provided through the Cedar Creek Apartments, which is already in the development pipeline and has received $6M in funding support from the City’s Affordable Housing Impact Fee Fund. Additional proposed programs to support the housing needs for this population include Program H5.2 Affordable Housing Development Programs work to increase the number of affordable housing constructed in the city.

Figure 2-17: Households by Household Income Level, 2013-2017 Source: Housing and Urban Development, Comprehensive Housing Affordability Strategy, 2013-2017 Farmworkers
The number of farmworkers living in Newark has declined over the years, with the student population at 57 students for the 2019-2020 school year. The previous years saw 79 students for 2017-2018 and 72 for the 2018 to 2019 school year. Table 3-12 shows the trends for both Alameda county and the greater Bay Area see a similar decline in the migrant farmworker student population. Generally, the number of farmworkers living in Alameda county has been declining since 2012, with fewer than 400 residents working in the industry in a permanent position. It is important to recognize that farmworkers could be under-counted by the census due to their HOUSING NEEDS 50

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migrant nature. Farming and farmworkers are a significant element of the state's economy, but play less of a role in the Bay Area. Due to lower wages, language barriers, and inconsistent work, farmworkers can have difficulty securing housing, and for these reasons could experience overcrowding and substandard housing conditions. To support these populations, program H2.6 Work in Partnership with Newark Unified School District to ensure that housing resources are reaching families that need them and and Program H5.2 Affordable Housing Development Programs work to increase the number of affordable housing constructed in the city.

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SECTION 3 AFFIRMATIVELY

FURTHERING FAIR HOUSING
A. Affirmatively Furthering Fair Housing
Historic and current land use policies and planning play a key role in the ability of individuals and families to live in neighborhoods with opportunity, including academically and culturally supportive schools, a wide variety of living wage jobs, and convenient access to transit and services. In response to continued housing discrimination, which prohibits discrimination regarding the sale, rental, and financing of housing based on race, color, religion, national origin, sex, familial status, and disability status — people within protected classes continue to encounter limits in housing choice and mobility. In 2018, the California State Legislature passed Assembly Bill (AB) 686 to expand upon the fair housing requirements and protections outlined in the Fair Employment and Housing Act (FEHA); and, protect the requirement to affirmatively further fair housing (AFFH) as published in the 2015 U.S. Department of Housing and Community Development’s (HUD) Affirmatively Furthering Fair Housing Rule. California’s Department of Housing and Community Development (HCD) defines AFFH as taking meaningful actions to explicitly address, combat, and reverse disparities resulting from past patterns of segregation to foster more inclusive communities. As part of this, housing elements are required to include the following components:
● Inclusive and Equitable Outreach: Housing elements must make an effort to equitably include all community stakeholders in the housing element participation process. ● Assessment of Fair Housing: All housing elements must include an assessment of fair housing. This assessment should include an analysis of the following four fair housing issues: integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk.
● Analysis of Sites Inventory: Local jurisdictions must evaluate and address how particular sites available for housing development will meet the needs of households at all income levels. The housing element must analyze and conclude whether the identified sites improve or exacerbate conditions for fair housing.
● Identification of Contributing Factors: Based on findings from the previous steps, housing elements must identify, evaluate, and prioritize the contributing factors related to fair housing issues.

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● Goals and Meaningful Actions to AFFH: Local jurisdictions must adopt fair housing goals and actions that are significant, meaningful, and sufficient to overcome identified patterns of segregation and affirmatively further fair housing. The housing element should include metrics and milestones for evaluating progress and fair housing results.

B. History of the Land and People
The land that is now Newark is the aboriginal homeland to the Muwekma Ohlone Tribe, Ohlone, Confederated Villages of Lisjan and Tamien Nation. Throughout the period of European colonization, aboriginal tribes were removed from their lands and in some circumstances moved into mission settlements, such as the Mission San José, and subjected to religious conversion practices and forced labor. In the Early 20th century Newark was still primarily marshland and waterways leading into the San Francisco Bay. Land speculation brought investors to the area and Newark became home to a dairy farm and tourism from around the county for picnicking and entertainment. Over time a railroad connection was established south to Santa Cruz and North to Alameda and industry followed. Incorporated as a city in 1955, Newark has been the home to steel foundries, manufacturing, and a large and successful solar evaporation of salt production that rivaled the entire Bay Area. Newark’s development and land use was divided, with manufacturing isolated to the western portion of the city. The residential portion consisted of single family homes built during the post war building boom that were accessible to white families only through government backed low interest loans provided by the Federal Housing Administration. As manufacturing moved out of Newark in the 1970’s and 1980’s, Newark has transitioned to an economy of technology and education. The transition has also transformed the city from primarily White to one with a majority of residents from Asia and Latin America.

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Ann Marie Sayers, Ruth Orta, Corrina Gould and Caleen Sisk at Living On Ohlone Land, Photo by Christopher McLeod
Although Newark has no redlining maps or racially restrictive covenants on file, de facto discrimination has shaped access to housing historically and into the present day. From discrimination in governmental lending for single family homes, to the real estate industry and personal prejudice, Newark’s growth as a city coincided with unregulated racial discrimination in housing during the 1950s and 1960’s. Through oral history accounts of Jean Ficklen, founder of Afro-American Cultural & Historical Society and first African American teacher in Newark, we learn of the discrimination her family faced in finding housing in the Bay Area as an African American family in the 1960’s. Ms. Ficklen and her family were looking for housing closer to her husband’s employment at the Lockheed Missile and Space Center in Sunnyvale, California, a 54 mile commute one way to Richmond where they lived. They found a home in Hayward that they liked, and after meeting with the realtor, were set to move to a house there. The day before they were scheduled to move, the house was no longer available to them. They were offered a house to rent in Newark but were asked not to tell who rented it to them. Soon after they moved to the neighborhood, for sale signs went up, typical of the times of neighborhood blockbusting fueled by fear and discrimination (J.Ficklen, Personal communication, January 21, 2021).

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C. Summary of Fair Housing Need
Fair housing
● A lack of affordable housing for residents for sale and rent is one of the largest fair housing issues Newark faces. Due to decades-long reduction in federal funding for affordable housing production, and a lack of affordable housing production at the city level, there is a shortage of housing at prices that meet the needs of current and future residents. ● Disability and race are the highest reported instances of discrimination in Newark over the past five years. In 2020-2021 Echo Housing saw 10 cases of reported discrimination based on disability and 4 cases in National origin. The city heard from residents, specifically the Latinx community that there are significant challenges to accessing housing. A report from El Tiempano found that women and undocumented residents faced the most challenges, specific issues faced by residents were:
○ Difficulty of providing documentation when many undocumented immigrants are paid under the table or are not named on rental leases
○ Challenges accessing information digitally
○ Complicated/confusing applications without assistance readily available Segregation and Integration
● There is a significant level of segregation between Latinx and White residents with an index of .229 or 22.9%. Meaning that 22 percent of Latinx or white residents would need to move to address this. Due to the fact that the Latinx community is 30 percent of the population in Newark, this indicates a significant level of segregation between Latinx and White residents in Newark, slightly higher than segregation at the regional level. ● Asian residents are the most isolated at 0.451, meaning the average Asian residentlives in a neighborhood thatis 45.1% Asian. Asian residents also have the highest percentage (36.7%) of residents making more than 100 percent of area median income. ● Other ethnicities in Newark have a higher likelihood of interacting with people outside their race. White residents have seen the greatest reduction in isolation, from 43 percent in 2000 to 27 percentin 2020.

Access to Opportunities
● Overall, Newark consists of two census tracts that are considered high resource areas (NewPark Place and Birch Grove) while the remaining six tracts (Lake- Rosemont, Mirabeau Park, Mayhews Landing, Gateway/Bayshore, Old Town and Central Newark) are considered moderate resource areas.

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● The City’s high resource areas have both dominant and secondary populations that are either White or Asian. In NewPark Place, nearly 51% of the population is Asian and 23% is White. In Birch Grove, 35% is White while nearly 29% is Asian. ● Five out of six of the City’s moderate resource areas have dominant populations that are Hispanic/Latinx, ranging from almost 34% in Mayhews Landing to nearly 53% in Old Town/Central Newark. In the remaining moderate resource area, Lake-Rosemont, 40% of the population is White, making it the dominant population while nearly 29% is Hispanic/Latinx.
● There are large disparities in environmental outcomes in Newark, with low outcomes in central Newark and a portion of the Old Town area that is also home to a majority of lower income and Hispanic/Latinx residents.

Disparate Housing Needs
Overcrowding
BIPOC (Black, Indigenous and People of Color) populations are the most cost burdened and experience disproportionate rates of overcrowding. Central Newark in the Old Town area has 9 percent of households experiencing overcrowded housing, with 5 percent of households experiencing extreme overcrowding in the Northwest corner of the city. As shown in Figure 3-2, these two areas are predominantly occupied by communities of color, with 80 to 100 percent of residents in the Old Town area. Mixed race residents face the highest rates at 33 percent, followed by Hispanic/Latinx (30%) and Indigenous residents at 22 percent.

Cost Burdened
Newark’s low and moderate income populations and renters experience the highest levels of cost burden. BIPOC communities, Black (41%), Indigenous (46%), Multi Racial (46%), and Latinx (47%) residents are the highest cost burdened, and most vulnerable to displacement, overcrowding and homelessness. Asian and White residents are the least cost burdened at 27 percent and 21 percent respectively. Renters are more likely to be cost burdened, with twice the number of renters (30%) spending more than 30 percent of their income on housing compared to 16 percent of homeowners.

Families
Households with children face additional challenges accessing housing that meets their needs for both size and cost. Housing survey results conducted from March 15th through April 30th 2022, found that when asked what are the most urgent housing needs at this time, 50 percent responded that housing for families was the greatest need. There was a special interest in housing for single AFFIRMATIVELY FURTHERING FAIR HOUSING 56

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parents, as female-headed households make up 17 percent of all households and 22.8 percent of female-headed households with children fall below the Federal Poverty Line.

People Experiencing Homelessness
Through community engagement we have been alerted to the high number of residents experiencing homelessness that are finding shelter in local motels that are not reflected in point in time counts. Homelessness in Newark affects all racial and ethnic groups, although not equally.

There is a significant population of families experiencing homelessness, with about 5% of all students In Newark, which further indicates the lack of affordable housing. Notably, about 96 percent of homeless students in Newark are students of color, with over 167 of these students being Hispanic or Latino. While NUSD has only a small number of Pacific Islander students (98 students), about 28 percent of them are homeless.

D. Fair Housing Assessment
Regional Barriers to Fair Housing
The following is a summary of key barriers to housing in Alameda county, compiled by Alameda County, in the Analysis of Impediments to Fair Housing Choice in January of 2020. ● Across the County, segregation has increased between White residents and BIPOC communities within the last decade, with White residents comprising the majority of homeowners but only approximately a third of the County’s population. ● BIPOC households continue to have disproportionate levels of housing discrimination as renters and in the housing market. Overall, the rate of mortgage approvals has gone up in the last seven years, but the disparities in the rate of approval across race and ethnicity has stayed relatively the same. Black applicants continue to have the lowest approval rate at

59.1 percent and Hispanic applicants the second lowest at 61.5 percent compared to White applicants at 70 percent.
● BIPOC communities are displaced residents are being displaced from areas with a traditionally large population and have less access to proficient schools, jobs, and environmental health.

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● The average home sales prices have increased from approximately $300,000 to nearly $900,000 in less than 20 years (unadjusted for inflation). ● Wages have not kept up with rent increases, currently the wage needed to rent an average housing unit in the County is $44.79 an hour or $93,000 a year. Median rents have risen an average of $1,000 (unadjusted for inflation) since 2010, representing an increase of 55 percent in a 9-year period.
● Homelessness has increased by 42 percent since 2017.
● BIPOC households, especially black and Hispanic/ Latinx households, have the highest rate of disproportionate housing needs, which includes having incomplete kitchen facilities, incomplete plumbing facilities, more than 1 person per room, and households with a cost burden greater than 30 percent.
● Based on community feedback, Housing Choice Voucher holders and those with disabilities often find it difficult to find an appropriate housing unit. Some find it difficult to find an appropriately sized unit that will take their voucher and others experience that the vouchers will not cover the rent of an appropriately sized unit. ● Disability, race, and familial status are the most common bases of housing discrimination complaints forwarded to the California Department of Fair Employment and Housing and the office of Fair Housing and Equal Opportunity.

Fair Housing Outreach Capacity and Enforcement
Fair housing complaints can be used as an indicator to identify characteristics of households experiencing discrimination in housing. Pursuant to the California Fair Employment and Housing Act [Government Code Section 12921 (a)], the opportunity to seek, obtain, and hold housing cannot be determined by an individual’s “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code.” Fair housing issues that may arise in any jurisdiction include but are not limited to:
● Housing design that makes a dwelling unit inaccessible to an individual with a disability; ● Discrimination against an individual based on race, national origin, familial status, disability, religion, sex, or other characteristic when renting or selling a housing unit; and ● Disproportionate housing needs including cost burden, overcrowding, substandard housing, and risk of displacement.

The following are organizations at the state and county level that provide resources and support for fair housing and eviction defense.

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East Bay Community Law Center (EBCLC): EBCLC’s Housing Program focuses on defending eviction lawsuits brought against low-income tenants, as well as enforcement of local rent and eviction control ordinances. The program emphasizes defense of long-term tenancies to preserve the value of rent-controlled units. EBCLC also prioritizes subsidized tenancies such as those in Section 8 and conventional public housing programs, as well as on behalf of tenants with disabilities.

Housing and Economic Rights Advocates (HERA): HERA is a California statewide, not-for-profit legal service and advocacy organization dedicated to helping Californians — particularly those most vulnerable — build a safe, sound financial future, free of discrimination and economic abuses, in all aspects of household financial concerns. They provide free legal services, consumer workshops, training for professionals and community organizing support, create innovative solutions and engage in policy work locally, statewide and nationally.

Housing Equality Law Project(HELP): HELP seeks to expand legal protections in fair housing through advocacy, leadership training, education and outreach, and enforcement of anti-discrimination laws.

Newark works with ECHO Housing for fair housing enforcement. ECHO provides fair housing counseling and education, tenant/landlord counseling and mediation, and other housing-related programs. To address the needs of Limited English Proficient speakers, ECHO provides services and classes in Spanish, has online information available in multiple languages, and has access to interpretation and translation services. ECHO programs include:
● Fair housing counseling, investigation, education, and enforcement ● Tenant/landlord counseling and mediation
● Rental Assistance Program
● Home Seeking Services
● Shared Housing Counseling & Placement
● Homebuyer Education Workshops
ECHO Housing has compiled fair housing complaints in Newark that align with those at the county level, with the majority regarding race and disability. In Newark, disability has the highest share of complaints filed from 2016 to 2021 at 27, with race at 16 complaints. City staff conducted one on one interviews with affordable housing providers. Through communication with Darin Lounds on April 29th, 2022, Executive Director of the Housing Consortium of the East Bay, he shared that many people with disabilities are well educated in the process, which can make it appear there are a larger number of instances of discrimination in comparison with other types of discrimination.

El Timpano is a non profit, community based organization in Alameda County that provides access AFFIRMATIVELY FURTHERING FAIR HOUSING 59

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to information for Spanish and Mayan speaking communities through a text based SMS platform.

They conducted an in depth investigation on the barriers that residents are experiencing accessing housing resources during COVID-19. They found that women and undocumented residents faced the most challenges, with specific issues faced by residents were:
● Difficulty of providing documentation when many undocumented immigrants are paid under the table or are not named on rental leases,
● Challenges accessing information digitally
● Complicated/confusing applications without assistance readily available Through communication through text and phone interviews, the organization found that changes that would be most impactful in supporting increased access would be less documentation-heavy requirements, help with the application process over the phone or in person, more promotion and support in Spanish, and a shorter application process.

Table 3-1: Newark Fair Housing Complaints, 2016-2021
Fiscal Year Race
National
Origin
Disability
Familial
Status
Marital
Status
Religion Sex
Source of
Income
Age Other TOTAL
2016-2017 10 0 5 0 0 0 0 0 0 0 15
2017-2018 1 0 1 0 0 0 0 0 0 0 2
2018-2019 4 0 1 0 0 0 0 0 0 0 5
2019-2020 1 0 10 0 0 0 0 0 0 0 11
2020-2021 0 4 10 0 0 0 0 2 0 0 14
Source: ECHO Housing
Table 3-2: Fair Housing Complaints Forwarded to Fair Housing and Equal Opportunity Alameda County, January 2017- June 2020
Complainttype
2017-2021
Total
2017 2018 2019 2020 Cases % of Total
Color 1 1 1 0 3 1.5%
Disability 32 26 28 15 101 49.8%
Familial Status 10 5 3 2 20 9.9%
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Complainttype
2017-2021
Total
2017 2018 2019 2020 Cases % of Total
National Origin 4 4 0 1 9 4.4%
Hispanic Origin 2 2 0 0 4 2.0%
Race 7 9 5 2 23 11.3%
Asian 0 1 0 0 1 0.5%
Black 5 4 5 2 16 7.9%
Black and White 0 1 0 0 1 0.5%
Native American 1 1 0 0 2 1.0%
White 1 2 0 0 3 1.5%
Religion 1 2 2 0 5 2.5%
Retaliation 7 9 8 1 25 12.3%
Sex 7 5 5 0 17 8.4%
Total Cases 69 61 52 21 203 100%
HUD Note: Percents do not add up to 100 due to cases containing multiple bases of discrimination.

Local Knowledge on Capacity and Enforcement
Four key issues in the capacity and enforcement of fair housing have been identified in the Alameda County Analysis of Impediments to Fair Housing document, and by the Executive Director of ECHO Housing:

1. Inadequate funding and organizational capacity are the primary limitations for improving and expanding upon existing fair housing enforcement. Recividng funding from a couple jurisdictions in the County is insufficient.

2. Limited sources of funding and HUD capping allocation amounts of Community Development Block Grants for fair housing activities limits the participating jurisdictions from being able to utilize more of these funds for fair housing work.

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3. Reduction in the number of fair housing organizations and activities in the region has taken place, with at least two fair housing agencies in the East Bay have closed their doors.

4. A lack of affordable housing supply due to significant decreases in funding from the federal government since 2008. Guidance from HCD suggests a connection between fair housing complaints and that the lack of affordable housing that is needed is affordable to persons on public assistance, accessible housing for persons with disabilities, and senior citizens, single parent households and large families. Although local tax funding has been approved in select jurisdictions, a large funding shortcoming remains.

The Alameda County Collaborative, an ad-hoc group of housing program professionals working for local Alameda County jurisdictions, held a panel with representatives from community-based organizations (CBOs) on April 25, 2022. The participating CBOs’ clientele included members of protected classes, including immigrants and non-English speakers; households with special needs, including persons with disabilities and seniors; and persons who are experiencing fair housing issues. This document synthesizes key points the CBOs presented.

Community-Based Organizations identified key barriers and obstacles thatthey and their clients face related to fair housing, including:
● Insufficient access to information due to language/technology barriers (particularly for immigrant communities and seniors); fear/distrust of the system; and difficulty understanding rights/resources
● Complex, inflexible application requirements for housing resources that may vary between jurisdictions, exclude certain people (e.g., undocumented, formerly ● incarcerated), or be difficult to meet
● Communication between CBOs and property owners is difficult to navigate, requires individual relationships with each location
● Overall cost of housing (most CBOs’ clients fall under the 30% AMI) and need for tenant protections
The CBOs recommend these strategies to strengthen outreach efforts:
● Meet people where they are—engage with existing outreach channels ● Partner with school districts to distribute information, as well as any civic organizations such as libraries, religious institutions, medical services ● “Train the trainer” approach to educate existing service providers on housing rights and referrals for their clients
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● Provide materials appropriate for audience (e.g., physical flyers for seniors; video/audio content for Mam speakers)
Solutions that panelists recommended for housing projects to better serve their clients:
● Identify onsite supportive services that are appropriate for residents early in process ● Early and sustained relationships between service providers and properties, especially relative to preparing eligible residents for the document/application needs for housing ● Renters’ protection and long-term rental subsidies, particularly for households under 30% AMI
● Greater flexibility in application process (make it easier for CBOs and their clients to navigate, remove barriers for undocumented people)
Through housing survey responses and small group conversations in community meetings, The city has constantly heard from Newark residents and community organizations that there is both not enough affordable housing at levels accessible for those earning lower wages, as well as access to housing resources and application requirements for housing that make accessing housing out of reach.

Segregation and Integration Patterns
Segregation Patterns in the Bay Area
Across the San Francisco Bay Area, White residents and above moderate-income residents are significantly more segregated from other racial and income groups . The highest levels of racial segregation occur between the Black and white populations. The analysis completed for this report indicates that the amount of racial segregation both within Bay Area cities and across jurisdictions in the region has decreased since the year 2000. This finding is consistent with recent research from the Othering and Belonging Institute at UC Berkeley, which concluded that “although 7 of the 9 Bay Area counties were more segregated in 2020 than they were in either 1980 or 1990, racial residential segregation in the region appears to have peaked around the year 2000 and has generally declined since.” However, compared to cities in other parts of California, Bay Area jurisdictions have more neighborhood level segregation between residents from different racial groups. Additionally, there is also more racial segregation between Bay Area cities compared to other regions in the state.

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Segregation is the separation of different demographic groups into different geographic locations or communities, meaning that groups are unevenly distributed across geographies. The city looked at two spatial forms of segregation: neighborhood level segregation within a local jurisdiction and city level segregation between jurisdictions in the Bay Area.

Neighborhood level segregation: Segregation of race and income groups can occur from neighborhood to neighborhood within a city.

City level segregation: Race and income divides also occur between jurisdictions in a region.

Newark and Regional Segregation
To understand how Newark is connected to the total segregation of the Bay Area, one can look at the difference in the racial composition of a jurisdiction compared to the racial composition of the region as a whole. The racial demographics in Newark for the years 2000, 2010, and 2020 can be found in Table 3-3 below. The table also provides the racial composition of the nine-county Bay Area. As of 2020, Newark has a lower share of white residents than the Bay Area as a whole, a higher share of Latinx residents, a lower share of Black residents, and a significantly higher share of Asian/Pacific Islander residents.

Latinx residents are primarily in close proximity to major highways and arterial roads such as Thornton Avenue, with White and Asian populations predominantly living to the North and South of Newark. The highest non white populations at 80 to 100 percent are concentrated along Thornton Ave in Old Town.

Table 3-3: Population by Racial Group, Newark and the Region, 2000 to 2020 Race Newark Bay Area
2000 2010 2020 2020
Asian/Pacific Islander 21.1% 28.2% 42.6% 28.2%
Black/African American 3.9% 4.5% 3.1% 5.6%
Latinx 28.6% 35.2% 30.2% 24.4%
Other or Multiple Races 6.2% 4.6% 5.3% 5.9%
White 40.3% 27.5% 18.8% 35.8%
Source: Universe: Population. Source: IPUMS National Historical Geographic Information System (NHGIS). U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002. Data from 2010 isfrom U.S. Census Bureau, Census 2010, Table P4. Data for 2000 is standardized to 2010 censustract geographies and isfrom U.S. Census Bureau, Census 2000, Table P004.

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Figure 3-1: Predominant Racial Groups in Newark
Source: HCD AFFH Data Resources and Mapping Tool.

Race and Ethnicity
Asian and Hispanic/Latinx populations have grown significantly over the past 20 years to become the majority populations, with decreasing Black and White populations. The Asian population in Newark is multi-ethnic, with the largest being Chinese (10.1 %), followed by Filipino (9.6%) and Asian Indian (8.9%).

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Table 3-4: Race and Ethnicity of Newark Residents, 2000 to 2020 Year
American Indian
or Alaska Native,
Non-Hispanic
Asian / API,
Non-Hispanic
Black or
African
American,
Non-Hispanic
White,
Non-Hispanic
Other Race or
Multiple Races,
Non-Hispanic
Hispanic or
Latinx
2000 148 9,329 1,639 17,103 128 12,145
2010 95 12,005 1,908 11,726 1,845 14,994
2020 107 17,315 1,534 10,629 1,822 15,975
Source: U.S. Census Bureau, 2016-2020 American Community Survey 5-Year Estimates Figure 3-2: Racial Demographics of Newark, 2018
Source: HCD AFFH Data Resources and Mapping Tool.

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Dissimilarity Index
Dissimilarity Index Guidance for Cities with Small Racial Group Populations The analysis conducted for this report suggests that dissimilarity index values are unreliable for a population group if that group represents approximately less than 5% of the jurisdiction’s total population.

If a jurisdiction has a very small population of a racial group, this indicates that segregation between the jurisdiction and the region (inter-city segregation) is likely to be an important feature of the jurisdiction’s segregation patterns.

Table 3-5 below provides the dissimilarity index values indicating the level of segregation in Newark between white residents and residents who are Black, Latinx, or Asian/Pacific Islander.

The table also provides the dissimilarity index between white residents and all residents of color in the jurisdiction, and all dissimilarity index values are shown across three time periods (2000, 2010, and 2020).

In Newark, the highest segregation is between Black and White residents (see Table 3-5).

Newark’s Black/white dissimilarity index of 0.244 means that 24.4 percent of Black or White residents would need to move to a different neighborhood to create perfect integration between Black residents and white residents. However, this dissimilarity index value is not a reliable data point due to small population size. See callout box above for more information. Latinx residents have rates of segregation between White residents with an index of .229 or 22.9 percent. Due to the fact that the Latinx community is 30 percent of the population in Newark, this indicates a significant level of segregation between Latinx and White residents in Newark, slightly higher than segregation at the regional level.

Table 3-5: Dissimilarity Index Between Racial Groups, 2000 to 2020 Race Newark Bay Area
2000 2010 2020 2020
Asian/Pacific Islander vs. White 0.183 0.170 0.192 0.185 Black/African American vs. White 0.180* 0.204* 0.244* 0.244 Latinx vs. White 0.286 0.230 0.229 0.207
People of Color vs. White 0.204 0.173 0.169 0.168
Universe: Population. Source: IPUMS National Historical Geographic Information System (NHGIS). U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002. Data from 2010 isfrom U.S. Census Bureau, Census 2010, Table P4. Data for 2000 isstandardized to AFFIRMATIVELY FURTHERING FAIR HOUSING 67

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2010 censustract geographies and isfrom U.S. Census Bureau, Census 2000, Table P004. Note: If a number is marked with an asterisk (*), it indicatesthat the index is based on a racial group making up lessthan 5 percent of the jurisdiction population, leading to unreliable numbers.

Isolation Index
Within the City of Newark the most isolated racial group is Asian residents. Newark’s isolation index of 0.451 for Asian residents means that the average Asian resident lives in a neighborhood that is 45.1% Asian. Other racial groups are less isolated, meaning they may be more likely to encounter other racial groups in their neighborhoods. The isolation index values for all racial groups in Newark for the years 2000, 2010, and 2020 can be found in Table 3-6 below. Among all racial groups in this jurisdiction, the white population’s isolation index has changed the most over time, becoming less isolated from other racial groups between the years 2000 and 2020.

Table 3-6: Isolation Index for Newark and the Bay Area, 2000 to 2020 Race Newark Bay Area Average
2000 2010 2020 2020
Asian/Pacific Islander 0.236 0.307 0.451 0.245
Black/African American .041 0.048 0.032 0.053
Latinx 0.331 0.386 0.334 0.251
White 0.431 0.297 0.207 0.491
Universe: Population. Source: IPUMS National Historical Geographic Information System (NHGIS). U.S. Census Bureau, 2020 Census State Redistricting Data (Public Law 94-171) Summary File, 2020 Census of Population and Housing, Table P002. Data from 2010 isfrom U.S. Census Bureau, Census 2010, Table P4. Data for 2000 isstandardized to 2010 censustract geographies and isfrom U.S. Census Bureau, Census 2000, Table P004.

Income status
There are fewer very low and extremely low income households in Newark than Alameda County and the Bay Area, and with slightly higher percentages of moderate and above moderate income households than Alameda County and the Bay Area. Low income households at 50-80 percent area median income are relatively equal across geography at 12.6 percent for Newark, Alameda County (11.6 percent) and the Bay Area (13 percent). In Newark, low income households are concentrated in the central portion of the city, with the highest concentrations found along Thorton avenue in the Old Town area. Figure 3-4 shows income by race in Newark. The areas with 50 percent or greater of low to moderate income populations also have the highest concentrations of BIPOC residents. Higher income residents are found outside of Central Newark, as seen in Figure 3-5. While the majority of Newark is single family housing, Central Newark is where older housing stock is found along a major arterial road, with lower rents as a result. The majority of very AFFIRMATIVELY FURTHERING FAIR HOUSING 68

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low and low income residents are Black, Hispanic/ Latino and Asian/ Pacific Islander. Figure 3-4 shows these populations are approximately 67 percent of the population for very low incomes and 68 percent for low income. For moderate and above moderate income populations, the demographics shift sharply to a greater percentage of White residents (44 percent) for moderate income and above moderate income White residents (36 percent) and Asian and Pacific Islander residents (37 percent) make up the larger percentage of residents in these income categories.

Asian and Pacific Islanders have comprised a large percentage of both the lowest and highest income categories. Although the Censuses data combines the groups, we know from other research that Pacific Islander students in Newark Unified School District have high levels of homelessness.

Figure 3-3: Household Income levels for Newark, Alameda County and the Bay Area, 2013- 2017 Source: US Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy. ACS tabulation, 2013-2017 release
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Figure 3-4: Income by Race and Ethnicity, 2013- 2017
Source: US Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy. ACS tabulation, 2013-2017 release
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Figure 3-5: Median Household Income, 2015- 2019
Source: HCD AFFH Data Resources and Mapping Tool.

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Figure 3-6: Low to Moderate Income Households and Percent Non-White Population, 2018 Source: HCD AFFH Data Resources and Mapping Tool.

Family Status
Newark has the largest household size in Alameda County. According to the County of Alameda’s Regional Analysis of Impediments to Fair Housing Choice (2020), there is a higher percentage of families with children in Alameda County as a whole compared to other family types, but the overall proportion of families with children has decreased by 6 percent from 1990 to 2017.

According to the 2021 ACS 5 year data, there are 9,693 children under the age of 18 in Newark, with the majority, 7,546 in married couple households. Figure 3-22 Shows 80 percent and higher of married couples with children are found in the north east, north west and south east corners of the city. These areas include Lake-Rosemont, a moderate opportunity neighborhood of single family homes, NewPark Place and Sanctuary Village, a newer single family housing development and an area identified as high opportunity. The neighborhood to the South East surrounding Lincoln Elementary school is an older single family neighborhood with smaller single story homes.

Central Newark has 60 to 80 percent of married couple households with children. This area also AFFIRMATIVELY FURTHERING FAIR HOUSING 72

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has more civic and commercial uses. Only one area in North central Newark has a concentration of single mother households from 20 to 40 percent. The majority of the city is 20 percent or below.

This is an area with older single family housing stock and a recently closed elementary school.

Disability
As seen in Figure 3-60, there is no concentration of residents with a disability in Newark. The majority of residents with a physical disability are seniors, and are primarily related to ambulatory movement. Through community engagement, especially with the senior community, there is a strong interest in shared housing and accessory dwelling units in order to remain in their communities. City is proposing programs such as H2.2 Accessory Dwelling Unit incentive program, H4.5, connecting residentings to existing shared housing programs and H4.7, Increasing housing opportunities for those with developmental disabilities.

E. Racially and/or Ethnically Concentrated Areas of
Poverty + Affluence
Racially or Ethnically Concentrated Areas of Poverty (R/ECAP) are neighborhoods in which there are both racial concentrations and high poverty rates. HUD’s definition of a R/ECAP is:
● A census tract that has a non-white population of 50 percent or more (majority-minority) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR ● A census tract that has a non-white population of 50 percent or more (majority-minority) AND the poverty rate is three times the average tract poverty rate for the county, whichever is lower. Households within R/ECAP tracts frequently represent the most disadvantaged households within a community and often face a multitude of housing challenges. R/ECAPs are meant to identify where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity. While there are several R/ECAPs in Alameda County, the majority are concentrated in the City of Oakland with a few in Berkeley, one in Hayward, and one in the unincorporated county (see Figure 3-7). No R/ECAPs were identified in Newark.

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Figure 3-7: Area of High Segregation and Poverty, 2021
Source: HCD AFFH Data Resources and Mapping Tool.

Racially and/or Ethnically Concentrated Areas of Affluence Racially or Ethnically Concentrated Areas of Affluence (RCAAs) are neighborhoods in which there are both high concentrations of non-Hispanic white households and high household income rates.

HCD has not yet established one standard methodology for determining RCAAs in California, but for the purpose of this analysis an RCAA is defined as a census tract with: 1) an average total AFFIRMATIVELY FURTHERING FAIR HOUSING 74

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White population that is 1.25 times higher than the average total White population in the Bay Area region and 2) a median household income of $141,996 or higher (1.5 times higher than the Bay Area AMI in 2019). Based on this methodology, there are RCAAs throughout the eastern county spanning from Dublin, Livermore, and the unincorporated eastern county up through Castro Valley and Contra Costa County area. There are also RCAAs in the City of Alameda and Oakland. There are no RCAAs within Newark based on this methodology.

Although Newark does not have areas that have been identified as Racially or Ethnically Concentrated Areas of Affluence through this methodology, there are areas of concentrated affluence in Newark, where residents are making more than $141,000, but do not have the levels of white population to identify as an area of Racially or Ethnically Concentrated Area of Influence.

F. Disparities in Access to Opportunity
Historically, and into the present day, affordable housing in the United States has been disproportionately developed in BIPOC neighborhoods that have been disinvested with high poverty rates, thereby reinforcing the concentration of poverty and racial segregation in low opportunity and low resource areas. Several agencies, including HUD and HCD, in coordination with the California Tax Credit Allocation Committee (TCAC), have developed methodologies to assess and measure geographic access to opportunity in areas throughout California. For this assessment, the opportunity indices prepared by HUD and HCD/TCAC are used to analyze access to opportunity in the City of Newark. Access to opportunity is measured by access to healthy neighborhoods, education, employment, and transportation. At the county level, Alameda county is close to equal in the percentage of the county that is high resourced (36%) and the percentage that is low resource (39%). Figure 3-8 shows the distribution of opportunity at the regional level. A large portion of the county is classified as low to moderate opportunity. Higher opportunity areas are found in Berkeley, Alameda, San Leandro, and Fremont. Figure 3-9 shows the composite opportunity areas in Newark. The majority of the city is identified as moderate and high resource, with no low resource areas or areas of high segregation and poverty. Through a community housing survey conducted by the city, residents were asked if they feel their neighborhood has opportunities for you and your family, 18 percent said no and 28 percent said somewhat. When asked what would make it feel that there was more opportunity the top three responses were:

1. City infrastructure that supports physical activity, including sidewalks, bike lanes, parks, and rec centers

2. Affordable, safe, and healthy housing choices

3. Educational opportunities that are academically and culturally supportive “I think increasing accessreally hasto do with increasing the supply first and putting affordable housing in AFFIRMATIVELY FURTHERING FAIR HOUSING 75