Agenda packet — Newark City Council, September 11, 2025

AGENDA
Thursday, September 11, 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. Proclaiming September as Childhood Cancer Awareness Month

2. Commending the Newark Crush Futsal Team

3. Proclaiming September 18 - 21, 2025 as Newark Days

4. Introduction of Employees

5. Commending Edda Rivera

6. Presentation of the Alameda County Water District's 2025 Strategic Plan Update 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 24, 2025, minutes

3. Adopt a Resolution Authorizing the City Manager to Execute the Annual CDBG Agreement with Alameda County for FY 2025-2026 and approving a budget appropriation

4. Notification of City Engineer's Pending Decision on the Final Map and Subdivision Improvement Agreement for Tract 8665 – Cedar Townhomes (Taylor Morrison of California, LLC) at 38600 Cedar Blvd

5. Report on administrative actions during August recess E. PUBLIC HEARINGS

1. Hearing to consider a Call for Review of the Community Development Director’s approval of a Minor Use Permit (MUP2025-021) for Macha Swag Dance, an instructional dance studio at 2086 Newpark Mall, Unit 1093 (APN: 901-111-25) and consider adopting a resolution affirming the Community Development Director's action or, in the alternative, consider adopting a resolution overturning the Community Development Director's action

2. Public Hearing and Introduce By Title Only an Ordinance Approving and Re-Adopting a Military Equipment Use Policy as Stated in Chapter 2.50, “Military Equipment Use Policy” to Title 2. "Administration and Personnel" of the Newark Municipal Code in Compliance with Assembly Bill 481
F. OTHER BUSINESS

1. Adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Social Change Partners, LLC (SCP) for the development of a Citywide Five-Year Homelessness Action Plan and approving an amendment of the 2024–2026 Biennial Budget and Capital Improvement Plan.

G. CITY MANAGER UPDATES
H. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

1. Appoint Delegate/Alternates to the League of California Cities Annual Conference and Expo

2. Adopt a Resolution confirming Mayor's appointment(s) to the Community Development Advisory Committee
I. CLOSED SESSION

1. Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Name of Cases:
1) National Opioid Settlement: In Purdue Pharma L.P. et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649(RDD) (bankruptcy); In re National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804 (class action), Reference Number: CL-1732268. 2) National Opioid Settlement: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, Zydus, USDC, Northern District of Ohio, MDL No. 2804, Reference Number: CL-1761660.

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 889 4444 6363 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 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Proclaiming September as Childhood Cancer Awareness Month September’s Childhood Cancer Awareness Month is a time to shine a light on the realities of childhood cancer, emphasize the importance of life-saving research, and join together to make a difference for children diagnosed with cancer.

A proclamation will be presented to Angela Crawford of the Jammers Strong Foundation, a local non-profit organization whose mission is to create awareness, educate, and fight for a cure for every child with cancer.

Attachments
Commendation
PROCLAMATION NO. 1947

CHILDHOOD CANCER AWARENESS MONTH
WHEREAS, according to the American Childhood Cancer Organization, childhood cancer is the leading cause of death by disease for children in the United States and one of every six children are not expected to live past five years of age; and
WHEREAS, the American Cancer Society estimates that approximately 9,550 children in the United States under 15 years of age will be diagnosed with cancer in 2025; and WHEREAS, most children cannot be treated at a local hospital, and families must face the disruption of relocating to receive treatment at a regional cancer center; and WHEREAS, pediatric cancer research receives only 4% of all federal funding for cancer research, a fact that demonstrates why awareness and fundraising participation is so important; and WHEREAS, due to children’s bodies still growing and cancer treatments largely geared toward use on adults, children are more likely to experience long-term side effects from treatment; and WHEREAS, childhood cancer treatment is handled by a team of pediatric oncologists and surgeons, radiation oncologists, pediatric oncology nurses, nurse practitioners, and physician assistants; and
WHEREAS, some of the most important members of a pediatric cancer patient’s team are experienced parents who navigate and advocate on behalf of their children; and WHEREAS, as a result of major treatment advances in recent decades, more than 85 percent of children with cancer now survive five years or more;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim September 2025, as

CHILDHOOD CANCER AWARENESS MONTH
in Newark and encourage everyone to join the fight against childhood cancer and to participate in activities and events that promote awareness of childhood cancer and support families affected by this devastating disease not just during September but throughout the year.

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 Eleventh Day of September, Two Thousand Twenty-five.

MICHAEL K. HANNON
Mayor
Item B. 2.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Commending the Newark Crush Futsal Team
Futsal is a fast-paced version of soccer played indoors on a hard court by two teams of five players, using a smaller, low-bounce ball. It emphasizes skill, quick reflexes, and ball control, as the smaller court and ball require players to be constantly engaged and quick-thinking.The Newark Crush Futsal girls team won the U.S. Futsal Northwest Regional Championship in March 2025, and went on to compete in the U.S. Futsal National Champtionship, where they earned second place and finished as National Championship finalists. A commendation will be presented to the team and their coaches at the City Council meeting.

Attachments
Commendation

COMMENDATION

CRUSH FUTSAL GIRLS TEAM
2025 U10 U.S. FUTSAL NORTHWEST REGIONAL CHAMPIONS
2025 U10 GIRLS U.S. FUTSAL NATIONAL CHAMPIONSHIP FINALISTS WHEREAS, the CRUSH FUTSAL girls futsal team won the U.S. FUTSAL NORTHWEST REGIONAL CHAMPIONSHIP in March 2025, and went on to compete in the U.S. FUTSAL NATIONAL CHAMPIONSHIP, where they earned second place and finished as National Championship finalists; and
WHEREAS, this marks the first-ever Regional Championship title and National Championship Finalist finish for a futsal club representing Newark, California; and WHEREAS, the CRUSH FUTSAL girls coaches, Jeff Aguilar and Adrian Barroso, have worked side by side to teach, challenge, and inspire these athletes – not only to develop into technically skilled and creative futsal players, but also to grow into respectful leaders, hardworking and confident players, and excellent teammates who make a positive impact on and off the court; NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend the members of the

CRUSH FUTSAL GIRLS TEAM
Allesandra Aguilar
Analicia Barroso
Esmeralda A. Coreas Rosa
Nora Peeters
Taylor Salinas
Madison Saturnio
Natalie Silva
for their outstanding and exciting achievement.

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 Eleventh Day of September, Two Thousand Twenty-five.

MICHAEL K. HANNON
Mayor
Item B. 3.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Proclaiming September 18 - 21, 2025 as Newark Days Newark Days is an annual four-day festival held to commemorate the birthday of the City of Newark. The event is organized and run by a non-profit corporation ("Newark Days Celebration, Inc.") that consists of dedicated community volunteers known in the community as the "Newark Days Committee". A proclamation has been prepared and members of the Newark Days Committee will accept it at the City Council meeting.

Attachments
Proclamation
PROCLAMATION NO. 1946

NEWARK DAYS
WHEREAS, the Newark Days Committee annually celebrates the birth date of our City during the month of September; and
WHEREAS, this is a time to celebrate the community of Newark in all its aspects; and
WHEREAS, this is a time when all Newark residents are encouraged to explore our rich heritage and a time to recognize the multi-cultural contributions of divergent people who have come together to create a common sense of community; and
WHEREAS, this is also a time when we encourage Newark residents to pause and reflect on the values that we represent as a community so succinctly stated in our Newark Days Celebration motto, “People, Pride, and Progress”;
NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim September 18-21, 2025, as

NEWARK DAYS
in 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 Eleventh Day of September, Two Thousand Twenty-five.

MICHAEL K. HANNON
Mayor
Item B. 4.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Introduction of Employees
The following employees will be introduced at the City Council meeting:

Miki Tsubota, City Engineer
Colleen Lettire, Communications and Public Engagement Manager Item B. 5.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Commending Edda Rivera
A commendation will be presented to Administrative Assistant Edda Rivera who is retiring after 41 years of distinguished service.

Attachments
Commendation

COMMENDING EDDA RIVERA
WHEREAS, EDDA RIVERA began her career with the City of Newark in 1984 as a parttime Clerical Trainee in the Development Services and Building Inspections Divisions; and WHEREAS, EDDA RIVERA held the positions of Office Clerk, Office Assistant II, Administrative Support Specialist II, and her current position of Administrative Assistant in Development Services and Building Inspections, Personnel, Police, Fire and Recreation; and WHEREAS, EDDA RIVERA joined the Recreation and Community Services Department in 2010 and contributed to a variety of important community programs, marketing efforts and special events; and
WHEREAS, EDDA RIVERA in 2020 was instrumental in Covid-19 outreach going door-to -door to various parts of the City delivering brochures, masks, COVID-19 items and helping our Hispanic/Latino community with scheduling COVID-19 tests and vaccinations; and WHEREAS, EDDA RIVERA led the Promotores Program through the Covid-19 Pandemic and was instrumental in managing the First Five Grant; and WHEREAS, EDDA RIVERA in 2020 received the Employee of the Year Award for her loyalty, commitment, and upbeat attitude; and
WHEREAS, EDDA RIVERA following a distinguished career with the City of Newark, is retiring after forty-one years of excellent service and commitment to the Newark community.

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

EDDA RIVERA
for her dedication to the City of Newark and wish her the very best in all future endeavors.

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 Eleventh Day of September, Two Thousand Twenty-five.

MICHAEL K. HANNON
Mayor
Item B. 6.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Presentation of the Alameda County Water District's 2025 Strategic Plan Update
Jackie McCloud, Special Assistant to the General Manager, will give an overview of the Alameda County Water District's 2025 Strategic Plan Update.

Attachments
Presentation
City of Newark, City Council Meeting
September 11, 2025
1 Alameda County Water District
2025 Strategic Plan Update
Jackie McCloud, Special Assistant to the General Manager Ethan Burch, Senior Administrative Analyst
• Introductions: ACWD Background
• Brief Review of Existing ACWD Strategic Plan
• ACWD Board Priorities for the 2025 Strategic Plan Update • Progress on the 2025 Strategic Plan
• Vision, Values, and Mission
• Internal and External Stakeholder Engagement
• Board input to the Update
• Next Steps and Considerations for the Plan Update
City of Newark, City Council Meeting
September 11, 2025 2
Agenda
San Jose
San
Francisco
Oakland
Walnut
Creek
San Francisco Bay
San Mateo
• Service to Residents and Businesses
of:
• Fremont
• Newark
• Union City
• ~105 square mile service area
• 348,000 population served N • 87,600+ service connections UNION
CITY

FREMONT
NEWARK
Milpitas
Hayward
Redwood
City
Mountain
View
Note: Map not to scale
About ACWD
3 City of Newark, City Council Meeting
September 11, 2025
About ACWD
• Founded in 1914
• Protect Niles Cone
• Alameda Creek
• 5-member Board of Directors
• 243 full time employees
City of Newark, City Council Meeting
September 11, 2025 4
40%
40%
20%
Alameda Creek Watershed
Runoff (local)
State Water Project (imported)
San Francisco PUC (imported)
Multiple Supply Sources = Reliability
City of Newark, City Council Meeting
September 11, 2025 5
6 Brief Review of Existing Strategic Plan
& Board Priorities for 2025 Update
City of Newark, City Council Meeting
September 11, 2025
City of Newark, City Council Meeting
September 11, 2025
Review of Existing Strategic Plan
• Completed in 2018
• Existing Plan Priorities:
• Cost Effectiveness & Value
• Water Supply
• Finance
• Workforce
• Communication
7 Board and Public Input Along the Way
• Comprehensive Customer Survey:
• High satisfaction, keep rates reasonable, confidence in our operations, want more information about emergency preparedness
• Board and public reflections on improvements for our
Strategic Plan:
• Affordability is an emerging issue that needs to be addressed directly • Greater emphasis on groundwater management initiatives • Workplace and Employee Health & Safety drives many priorities but not specifically addressed in prior Plan
• Workforce Development opportunities with local school districts • Resource loading is important
• ACWD should consider Vision and Values statements
City of Newark, City Council Meeting
September 11, 2025 8
9 ACWD Priorities and Progress on
the Strategic Plan Update
City of Newark, City Council Meeting
September 11, 2025
City of Newark, City Council Meeting
September 11, 2025 10
• Current plan goals remain appropriate
• Cost Effectiveness & Value
• Water Supply
• Finance
• Workforce
• Communication
• Incorporate Emergency Preparedness
• Incorporate enhanced Workforce and Staff
Development
• Develop a Vision Statement and
Core Values for the District.

Key Themes and Priorities for the 2025
Plan Update
City of Newark, City Council Meeting
September 11, 2025 11
Progress and Status of 2025 Plan Update
Quality Water, Thriving Community.

ACWD Vision Statement
City of Newark, City Council Meeting
September 11, 2025 12
City of Newark, City Council Meeting
September 11, 2025
ACWD Mission Statement
13 To provide our customers with
reliable, sustainable,
high-quality water service at a
reasonable price.

City of Newark, City Council Meeting
September 11, 2025
ACWD Core Values
Service
Safety
Trust
Resilience
Collaboration
Stewardship
14 City of Newark, City Council Meeting September 11, 2025 Strategic Plan Journey
MARCH ’25
Board Workshop #1
• Strategic Plan Kickoff
• Team interviews
APRIL ’25
• Inform Board
• Summarize key themes
JUNE ’25
Board Workshop #2
• Unpack insights
• Discuss plan elements
JULY ’25
Board Workshop #3
• Share final draft elements
• Share draft plan structure / priorities
AUGUST ’25
• Staff / stakeholder outreach
• LICA Committee
SEPTEMBER ’25
Board Workshop #4
• Provide stakeholder insights
• Share revised final draft plan
• Seek approval
You are
Here
15 Join Us – and Stay Connected
• Public Meetings and Workshops
ACWD.org
• ACWD Aqueduct Newsletter
• Follow us:

Alameda County Water District
43885 S. Grimmer Blvd.

Fremont, CA 94538
(510) 668-4200
16 City of Newark, City Council Meeting
September 11, 2025 17
Item D. 1.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 07.10.25
Audited Demands 07.17.25
Audited Demands 07.24.25
Audited Demands 07.31.25
Audited Demands 08.07.25
Audited Demands 08.14.25
Audited Demands 08.21.25

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Item D. 2.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Approval of July 24, 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 24, 2025
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:05 p.m. Council Members Jorgens, Grindall, Catancio and Vice Mayor Little were present.

B. PRESENTATIONS
Mayor Hannon announced that he would adjourn the meeting in memory of retired Newark Police Officers: George Stoner and Isaac “Don” Skipper.

1. Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival
Mayor Hannon presented the proclamation to John Nunes.

2. Introduction of employee(s)
Mayor Hannon introduced Dan Cianciarulo who was promoted to Maintenance Supervisor.

C. PUBLIC COMMENT
Renu Malhotra, Preet, Satya Ganeshan, and Hari Kathrani shared their Open Governance technology called opgov.ai. They used information from the City website in their ai software for public access. They encouraged people to sign up for free accounts.

Page No. 2
City of Newark City Council Minutes July 24, 2025
Joe Chiu, General Manager Republic Services, thanked the residents for their patience during the recent waste pick up work stoppage. He announced that a customer goodwill program would be developed.

Namit Saksena thanked the Public Works Department for bringing the splashpad back in service.

Namit Saksena, thanked Mayor Hannon and City Manager Benoun for helping the Glassbay Homeowners Association resolve a property tax issue. He presented them with soccer themed hats and a thank you letter.

Jesus Enriques stated that he would like help from the City to create a location for children who cannot afford to participate in sports clubs or camps. He noted the City has one soccer field and he wanted children to be able to play in Newark.

Tiffany Allen Vargas stated she runs a nonprofit and has run into issues finding space for youth athletes. They need facilities to help the youth and requested community help to create a facility. She announced an Aces for Athletes fundraiser to be held on September 6, 2025.

D. CONSENT CALENDAR
Council Member Catancio moved, Council Member Grindall seconded, to approve Consent Calendar items D.1 through D.7 and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

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
Resolution No. 11763

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 Page No. 3
City of Newark City Council Minutes July 24, 2025
– June 30, 2028 Memorandum of Understanding (MOU) with the City’s Personnel Rules and Regulations
Resolution No. 11764

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
Resolution No. 11765

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
Resolution No. 11766

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
Resolution No. 11767
E. PUBLIC HEARINGS

1. Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments Resolution No 11768.

Maintenance Superintendent Connolly gave the staff report recommending approval.

At 7:49 p.m. Mayor Hannon opened the public hearing.

No one requested to speak.

Mayor Hannon closed the public hearing at 7:50 p.m.

Moved by Vice Mayor Little, seconded by Council Member Jorgens to adopt the resolution. The motion passed, 5 AYES.

Page No. 4
City of Newark City Council Minutes July 24, 2025

1. 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 (MUP2024001), 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
Resolution No. 11769
Associate Planner Balatbat gave the staff report. Presentation on file with City Clerk.

Olivia Ervin, M-Group conducted the environmental review for the project. She outlined the CEQA analysis for this project and the CEQA Exemption eligibility.

The City Council asked clarifying questions. Mayor Hannon asked City Manager Benoun to survey cities for a road usage impact tax for trucks.

Mayor Hannon called for a recess at 8:31 p.m.

Mayor Hannon resumed the meeting at 8:38 p.m.

Edesa Bitbadal, consultant for Prologis gave a presentation on behalf of the applicant. Presentation on file with the City Clerk. She highlighted the revitalization of the site, job creation, fiscal benefits to the City and easements to help with the Central Avenue Overpass. She requested that the City Council uphold the Planning Commission’s approval of this project.

Mayor Hannon opened the public hearing at 8:59 p.m.

Martin Dino, IBW Local member, stated that he supported this high-quality, union constructed project. The building would generate funding for the city.

James Perry, IBW local member and Newark resident, stated that he advocated for the project and jobs for Newark residents.

Brian Warner, Business Representative for Sheet Metal Workers, presented a letter to the City Council in support of the project. The project will create Page No. 5
City of Newark City Council Minutes July 24, 2025
construction jobs and jobs for the area.

John Balentine Executive Director of Second Chance, spoke in support of the project and the need for local employment for homeless shelter residents.

Stephen Cassidy, CEO of Chamber of Commerce, stated that the Chamber’s Board of Directors supported the project. He noted that Prologis was a good corporate citizen, had major investment in Newark, and was innovative.

Mayor Hannon closed the public hearing at 9:12 p.m.

Council Member Grindall stated that the building design was nice, but it was a distribution center, with unknown: tenant(s), job creation, and tax generation.

He thought a manufacturing use at that location would create greater value for the City. He stated his opposition to the project.

Vice Mayor Little spoke in favor of the project and appreciated the union labor for the construction of the building.

Mayor Hannon spoke in favor of the project and the associated infrastructure improvements. He requested that any future amendments to the project include a permanent signal at Sycamore Street and Cedar Boulevard and more information on solar panels for the building. He requested a modification to Condition pp to change the timeline for design review approval from 3 years to 2 years.

In response to Council Member Jorgen’s question, Janet Galvez stated that there could be an array of tenants at the location.

Moved by Mayor Hannon seconded by Vice Mayor Little to adopt the resolution affirming the Planning Commission’s action with a revision to Condition pp to reduce the design review approval deadline from 3 years to 2 years. The motion passed, 4 AYES, 1 NO (Grindall).

Mayor Hannon called for a recess at 9:25 p.m.

Mayor Hannon resumed the meeting at 9:31 p.m.

Page No. 6
City of Newark City Council Minutes July 24, 2025
F. OTHER BUSINESS

1. Adopt a resolution to award a Broadband Public-Private Partnership contract to Smart Fiber Networks
Resolution No. 11770
CIO/Information Technology Director Miranda gave the staff report recommending approval. Presentation on file with City Clerk.

No one from the public requested to speak.

Mayor Hannon suggested a community survey to gauge support for a Utility Users Tax increase to expand the broadband program.

Council Member Jorgens moved, Council Member Grindall seconded to adopt the resolution. The motion passed, 5 AYES.

2. Presentation on the status of the Sea Level Rise Vulnerability Assessment and Adaptation Strategy
Environmental Services Manager Scanlin introduced Meg Ackerson.

Meg Ackerson, Arup US, Inc, City consultant gave the presentation. Presentation on file with City Clerk.

No one from the public requested to speak.

Council Member Jorgens asked about coordination with the City of Fremont.

Ms. Ackerson stated that they plan to hold workshops with stakeholder groups and align priorities on shared shorelines.

This item was informational only.

3. Presentation of information from Alameda County’s 2024 Point-in-Time Count and the City's activities related to homelessness
Recreation and Community Services Director Cuevas gave the presentation.

Presentation on file with City Clerk.

Page No. 7
City of Newark City Council Minutes July 24, 2025
No one from the public requested to speak.

Council Member Grindall requested periodic updates on the Homeless Action Plan.

This item was informational only.

G. CITY MANAGER UPDATES
City Manager Benoun announced: National Night Out on August 5, 2025, Groovin’s at the Grove Summer Concert on July 25, 2025, Mariachi Festival on July 27, 2025, Adult Coed Softball League registration begins on August 4, 2025, and the Recreation and Community Services Fall Activities Guide was posted online today.

H. CITY COUNCIL MATTERS
Council Member Grindall stated that his next Coffee with a Council Member would be held on August 16, 2025, at 10 a.m. at the Old Town Starbucks.

Council Member Catancio announced the Relay for Life event on August 16, she attended the AVA Community Energy Board Meeting and their ebike rebate drawing is ongoing, school will resume soon, the Silliman Center is accepting school supplies donations. Shop Newark.

Council Member Little announced the Aces for Athletes fundraiser for the Tri City Athletic Center on September 6, 2025, from 4 to 11 p.m.

1. Discussion and direction regarding June 26, 2025 meeting minutes and approval of same
Motion Approved
Mayor Hannon stated that Council Member Grindall requested the removal of NUSD language in June 26, 2025 minutes under City Council Matters.

Moved by Council Member Grindall, second by Council Member Jorgens to approve the minutes with the revision. The motion passed, 5 AYES.

Mayor Hannon thanked Council Member Jorgens for chairing the last meeting.

Page No. 8
City of Newark City Council Minutes July 24, 2025
Mayor Hannon announced that he would also adjourn the meeting in memory of Sandy Jett.

Mayor Hannon announced that he was a grandfather again.

I. CLOSED SESSION
J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 10:55 p.m. in memory of retired Newark Police Officers: George Stoner and Isaac “Don” Skipper and Sandy Jett.

Item D. 3.

DATE 09/11/2025
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 the Annual CDBG Agreement with Alameda County for FY 2025-2026 and approving a budget appropriation
SUMMARY AND RECOMMENDATION
The City received a Fiscal Year 2025-2026 Community Development Block Grant (CDBG) award in the amount of $237,920. Of those funds, HUD requires that $48,894 be allocated to the Alameda County minor home repairs program. Staff recommends that the remainder of the balance, $189,026, be used for jurisdictional improvements.

The jurisdictional improvement funds would be used on a variety of parks, such as Mirabeau Park, Civic Center Park, and Birch Grove Park. The improvements would include resurfacing a basketball court, improving park pathways to remove tripping hazards, and upgrading pathways to be ADA-compliant.

Staff recommends that the City Council, by resolution, authorize the City Manager to execute an agreement with Alameda County to participate in the Alameda County Urban County Community Development Block Grant (CDBG) Program for the Fiscal Year 2025-2026.

BACKGROUND
Each year the City of Newark receives funding under the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. This grant provides funding for activities benefiting low- and moderate-income persons, including public works projects, planning studies, and housing rehabilitation and repair.

Newark’s funds are disbursed through Alameda County. The County oversees Newark’s use of the funds in order to ensure that all appropriate federal government requirements are met. This arrangement is established and governed each year by a pair of agreements, one between Alameda County and HUD, and one between the City and Alameda County. A copy of the agreement between the City and Alameda County is attached. By approving this resolution, the City Council will authorize the City Manager to execute the agreement between the City of Newark and Alameda County, thereby continuing the City’s participation in the CDBG program.

DISCUSSION/ANALYSIS
The Community Development Advisory Committee (CDAC) met on May 14, 2025 to review the intended purpose of CDBG funds for the Jurisdiction Improvement Fiscal Year 2025-2026. At the time of the CDAC meeting, the exact amount of funding had not been determined by HUD yet. Staff used an estimated amount of $144,451 to develop funding recommendations for the CDAC’s consideration. All five committee members who were present at the meeting voted to recommend that the City Council allocate the anticipated Jurisdiction Improvement Project funds to the Citywide ADA Compliance Improvements.

The Jurisdiction Improvement Project would address ADA compliance needs at City-owned parks, facilities, and parking lots as identified in the City’s Disabled Access Transition Plan. The scope of work would include improvements to Mirabeau Park, Civic Center Park, and Birch Grove Park. The repairs would include pathway and sidewalk repairs and other exterior surface improvements. These improvements would provide accessibility benefits for the entire community.

The County would reserve $48,894 for administration of the Minor Home Repair program. The Alameda County Healthy Homes Program is responsible for administering the City's Minor Home Repairs allocation of CDBG dollars. The Program accepts applications from income-qualifying senior homeowners on a rolling basis as funds remain available. The Program provides homeowners with grants of up to three thousand dollars for minor home improvements, such as replacement of a water heater or minor plumbing work. The City advertises the program on its housing.newarkca.gov webpage, the Community Development Department's webpage, and via print and digital materials distributed via the Recreation and Community Services Department and Senior Center. As per reporting by the Alameda County Housing and Community Development Department, nine households received a minor home repair grant for the fiscal year July 1, 2024 through June 30, 2025, with one household on the waiting list.

All grantees were very low-income households, making less than fifty percent of the area median income (up $55,000 for a one-person household, or $63,000 for a two-person household).

The exact amount of the HUD-approved grant amount was provided after the CDAC meeting. The final HUD-approved grant amount increased slightly and includes an additional $39,534 in Anticipated Program Income, for a total CDBG grant of $237,920.

FISCAL IMPACT
The proposed ADA improvements are not currently associated with a specific Capital Improvement Program (CIP) project number, and are therefore not reflected in the adopted FY 2024–2026 Biennial Budget and Capital Improvement Plan. A budget appropriation under the Housing and Community Development Fund (Fund 214) is requested to authorize expenditure of the awarded funds.

The project will be fully funded by Community Development Block Grant (CDBG) funds, with no General Fund impact. Of the total FY 2025–2026 CDBG allocation of $237,920, $189,026 is designated for ADA-related capital improvements, including accessibility upgrades to park pathways and public facilities. The remaining $48,894 is allocated to the Alameda County Minor Home Repairs Program.

Upon approval, staff will assign an internal capital project code under Fund 214 for tracking and reporting purposes. All eligible costs will be reimbursed by Alameda County, subject to HUD requirements. CDBG funds may be expended through June 30, 2027, with potential extensions upon written County approval.

REVIEW AND APPROVAL
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 A - Resolution CDBG
Attachment B - DRAFT Annual Agreement
Resolution No. ____ 1 of 1
RESOLUTION NO. ____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH ALAMEDA COUNTY

FOR PARTICIPATION IN THE ALAMEDA COUNTY URBAN

COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FOR FISCAL YEAR 2025–2026 AND

AUTHORIZING A BUDGET APPROPRIATION IN THE

HOUSING & COMMUNITY DEVELOPMENT FUND
WHEREAS, the City of Newark is eligible for an entitlement of Community Development Block Grant funds (CDBG) based on its participation in the Alameda County Urban County; and WHEREAS, the County has allocated $237,920 in CDBG to the City based on the City’s participation in the Urban County; and
WHEREAS, the City anticipated an amount of $202,079 for the annual grant award and the contract amount is greater than expected by $35,841 and the funding amount will be adjusted for Jurisdictional Improvement projects as recommended by the CDAC; and WHEREAS, the County retains $48,894 of the City’s allocation providing for Minor Home Repair Program, which will be administered by the Alameda County Healthy Homes Department; and
WHEREAS, the City will retain the remaining $189,026 funds to use towards jurisdictional improvements and administrative costs; and
WHEREAS, the activities of the City under the Agreement with the County shall be governed by the conditions of the Grant Agreement between the County and the United States Department of Housing and Urban Development; and
WHEREAS, the City’s proposed projects are CDBG-eligible in accordance with HUD regulations and the conditions of the CDBG Grant Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager of the City of Newark is hereby authorized to execute an agreement with Alameda County for participation in the Alameda County Urban County Community Development Block Grant (CDBG) Program for Fiscal Year 2025-2026 in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council authorizes a total appropriation of $237,920 in Community Development Block Grant (CDBG) funds to the Housing and Community Fund as follows:

FR: 214.90.092.920.4793 Federal Grants & Awards $237,920 Resolution No. ____ 2 of 1
TO: 214.90.092.920.6221 Accessibility Upgrades $237,920 Procurement Contract No.
1 AGREEMENT BY AND BETWEEN

CITY OF NEWARK
AND

THE COUNTY OF ALAMEDA

THIS AGREEMENT is made and entered into the 1st day of July, 2025, by and between the County of Alameda a body corporate and politic of the State of California (hereinafter referred to as "County"), and the CITY OF NEWARK, a body corporate and politic of the State of California located in the County of Alameda (hereafter referred to as "City").

WHEREAS, the County has entered into a Grant Agreement with the United States Department of Housing and Urban Development (HUD), for a Community Development Block Grant (CDBG) under the Housing and Community Act of 1974, said funds to be used for Community Development Block Grant Programs and its eligible activities; and WHEREAS, the City is eligible for an entitlement of CDBG funds based on its participation in the Alameda County Urban County; and
WHEREAS, the County has allocated CDBG funds to the City based on the City’s participation in the Urban County; and
WHEREAS, the activities of the City under this Agreement with the County shall be governed by the conditions of the Grant Agreement between the County and the United States Department of Housing and Urban Development; and
WHEREAS, the parties desire that the County retain that portion of the City’s allocation providing for Minor Home Repair Program, which will be administered by Alameda County Healthy Homes Department; and
WHEREAS, the Parties have reviewed City’s proposed projects and have determined that the projects are CDBG-eligible projects in accordance with HUD regulations and the conditions of the CDBG Grant Agreement;

NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, COUNTY AND CITY DO MUTUALLY AGREE AS FOLLOWS:

I. STATEMENT OF WORK AND COMPENSATION
A. City shall perform or arrange for the performance of the work under this Agreement in the manner and time provided herein and in accordance with: the budget; the scope of work and any specifications and drawings; and all related documents and provisions attached hereto as Exhibit A and incorporated herein by reference.

B. The amount of fiscal year 2025 CDBG funds available to City to perform the work described in Exhibit A is two hundred thirty-seven thousand, nine hundred twenty dollars ($237,920). This includes one hundred ninety-eight thousand, three Procurement Contract No.
2 hundred eighty-six dollars ($198,386) in FY25 Entitlement funds allocated to the City pursuant to this agreement, and thirty-nine thousand, five hundred thirty-four dollars ($39,534) in anticipated program income. Of this amount, the County will retain forty-eight thousand, eight hundred ninety-four dollars ($48,894) to reimburse the County for its services in providing minor home repair services set forth in Exhibit A. In the event that HUD reduces the Urban County CDBG allocation, the City's allocation will be reduced proportionately.

II. COMMENCEMENT AND COMPLETION REQUIREMENTS
A. This Agreement shall start on July 1, 2025, and ends on June 30, 2027, or until all fiscal year 2025 Urban County CDBG funds allocated to City are disbursed to and expended by City, or for the duration of any regulatory agreement or contract executed in conjunction with a project financed with fiscal year 2025 CDBG funds, or when all of the contract terms have been completed, whichever shall first occur.

B. It shall be the responsibility of the City to coordinate and schedule the work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The County may extend the time for completion of the work to be performed under this Agreement in writing, if it determines that delay in the progress of work is not attributable to the negligence of the City and that such delay was due to causes beyond the control of the City, and if such extension will not cause the County to be out of compliance with CDBG rules and regulations for timely commitment and expenditure of funds.

C. Any time extension granted to the City to enable the City to complete the work shall not constitute a waiver of rights the County may have under this Agreement.

D. Should the City not complete the work by the scheduled date or by an extended date, granted by the County in writing, pursuant to previously stated conditions, the County shall be released from all conditions of this Agreement.

E. Upon completion of performance under this Agreement and a determination of final costs, City shall submit to the County a certificate of completion for construction projects and a requisition for final payment for service projects, unless otherwise provided in this Agreement.

F. As a part of this Agreement, City will provide the County with the Certificate(s) of Insurance as outlined in Exhibit B.

III. SUBCONTRACTS
A. Any subcontract funding under this Agreement shall be submitted to County for review and approval prior to its execution.

B. In the event subcontractor is a private non-profit or neighborhood-based non-profit Procurement Contract No.
3 organization, or a local development or small business investment corporation, contractor is required to comply with the procurement procedures of the Office of Management and Budget (OMB) at Title 2 of the Code of Federal Regulations, Part 200 (2 CFR Part 200) (incorporated herein by reference) for the procurement of supplies and services in connection with activities funded under this Agreement.

C. Any subcontract funded under this Agreement shall be subject to the terms and conditions of this Agreement. Contractor shall inform County in writing of any subcontracts entered into with these funds, the amount, the scope of work, any other information the County may from time to time require.

IV. BUDGET
A. Any requested modification to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved by the Alameda County Housing Director on behalf of the County. Any budget modifications require the prior written approval of Alameda County Housing Director on behalf of the County. Budget modifications shall not alter: 1) The basic scope of services (Exhibit A) required to be performed under this Agreement; 2) the time period for the services to be performed under this Agreement; and; 3) the total amount of the authorized budget of this Agreement (Exhibit A), subject to future amendments as approved by the Alameda County Housing Director. Any of the cost categories shown in the Agreement Budget, except administration, may be exceeded by ten percent of the indicated figure, provided that the total approved amount of allowable costs is not exceeded and stays under the 15% Urban County Public Services cap.

B. City’s expenditure of FY25 funds will be monitored on a project-by-project basis, rather than by the Urban County as a whole. City projects that do not spend down funds in any single quarter must provide a written explanation to County as to why the project is stalled/delayed and when it is expected that the project will start to expend funds.

V. RECORDS AND REPORTS
A. All original documents prepared by City in connection with the work to be performed under this Agreement shall be the property of the County.

B. City's records shall be made available for review by the County prior to the release of funds. City shall be responsible for maintaining all records pertaining to this Agreement, including subcontracts and expenditures, and all other financial and property records in conformance with 2 CFR Part 200.

C. Records must be kept accurate and up-to-date. Failure of City to comply with this provision could result in termination of this Agreement or City's repayment of funds previously awarded under this Agreement.

Procurement Contract No.
4 VI. PROGRAM MONITORING AND EVALUATION
A. City shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement, HUD regulations, and conditions of the Grant Agreement between the County and HUD, and the effective and efficient achievement of the Program Objectives.

B. City shall undertake continuous quantitative and qualitative evaluation of the scope of services as specified in this Agreement and shall make quarterly written reports to County.

1. The quarterly written reports shall be submitted in the format approved and distributed by the County.

2. The quarterly report shall be due on the fifteenth day of the month immediately following the report quarter, except for the end of the program year report which is due within thirty days.

C. The County shall have ultimate responsibility for project monitoring oversight and evaluation, to assist City in complying with the scope and contents of this Agreement, and to provide management information which will assist the County's policy and decision-making and managers.

D. The City shall follow audit requirements of the Single Audit Act and 2 CFR Part 200.

VII. AUDIT REPORT
A. In addition to the reporting requirements listed in Section VI (Program Reporting and Evaluation), the City shall commission an independent auditing firm to prepare and file with the City an annual audit report for each year during the term of this Agreement. The City’s failure to submit the audit report may result in the termination of the Agreement.

B. The audit report is to be submitted to the County by March 30th of each year during the term of this Agreement. The audit report should state that an audit was made in accordance with the provisions of 2 CFR Part 200. The City will use the audit report to determine whether:
i. The financial statements of the City present fairly its financial position and the results of its operations in accordance with generally accepted accounting principles.
ii. The City has (i) an internal control structure to provide reasonable assurance that the City is managing Federal awards in compliance with applicable laws and regulations, and (ii) controls that ensure compliance with laws and Procurement Contract No.
5 regulations that could have material impact in the City’s financial statements.
iii. The City has complied with laws and regulations for the CDBG Program that may have a direct and material effect on the City’s financial statements. iv. The City shall also submit any internal control monitoring (or audit) conducted during the term of this Agreement to the County. The City shall require Providers with which the City contracts in connection with this Agreement to meet the same audit requirements set forth in this Section VI (D).

VIII. PROGRAM INCOME
A. Program income shall be recorded as part of the financial transactions of the grant program and disbursed in accordance with 2 CFR Part 200.

B. Program income received by City shall be returned to County for future application to City projects.

C. Program income from Urban County program activities undertaken by or within City which thereafter terminates its participation in the Urban County shall continue to be program income of the County. County may transfer the program income to City, upon its termination of Urban County participation, provided that City has become an entitlement grantee and agrees to use the program income in its own CDBG entitlement program.

IX. UNIFORM ADMINISTRATIVE REQUIREMENTS
A. City shall comply with Uniform Administrative Requirements as described in Federal Regulations Section 570.502 as applicable to governmental entities.

B. City shall comply with Executive Order 13166 to improve access to services for persons with Limited English Proficiency (LEP) including developing a Language Access Plan.

X. RELIGIOUS ACTIVITY PROHIBITION
City may not engage in inherently religious activities, such as worship, religious instruction, or proselytizing, as a part of the program or services funded by this Agreement.

XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, City shall transfer to County any CDBG funds on hand at time of expiration and any accounts receivable attributable to the use of CDBG funds.

Procurement Contract No.
6 B. Real property in excess of $25,000, obtained in whole or in part with CDBG funds must be used to meet one of the national objectives for a minimum of ten years after the expiration of this Agreement or disposed of in a manner that results in County being reimbursed at fair market value less value attributable to non-CDBG expenditures.

XII. OTHER PROGRAM REQUIREMENTS
A. City certifies that it will carry out each activity in compliance with all Federal laws and regulations described in 24 CFR, Part 570, Sub-part K (570.600-570.612) and related to a) Non-discrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, e) National Flood Insurance Program, f) Relocation and Acquisition, g) Employment and Contracting Opportunities, h) Lead-based paint, i) Use of Debarred, Suspended or Ineligible Contractors or Sub-recipients, j) Uniform Administrative Requirements and Cost Principals, k) Conflict of Interest, and l) Displacement.

B. Activities and programs under this Agreement shall be governed by the policies and procedures of the Alameda County Urban County or as directed by the County as grantee in order to ensure that compliance with all applicable laws and regulations.

XIII. TERMINATION OF THIS AGREEMENT
County may terminate this Agreement in whole or in part immediately for cause, which shall include as example but not as a limitation:

A. Failure, for any reason, of City to fulfill in a timely and proper manner its obligations under this Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; B. Failure to meet the performance standards contained in other sections of this Agreement;
C. Improper use or reporting of funds provided under this Agreement; and D. Suspension or termination by HUD of the grant to the County under which Agreement is made, or the portion thereof delegated by this Agreement.

E. Any and all notices, writings, correspondences, etc., as required by this Agreement shall be directed to the City and County as follows:

City County
City Manager Housing Director
City of Newark Alameda County HCD
Procurement Contract No.
7 37101 Newark Blvd 224 W. Winton Avenue, Room 108
Newark CA, 94560 Hayward, CA 94544
XIV. HOLD HARMLESS/INDEMNIFICATION
To the fullest extent permitted by law, City shall hold harmless, defend and indemnify the County, its Board of Supervisors, officers, employees and agents (collectively “Indemnitees”) from and against any and all claims, losses, damages, liabilities or expenses, including reasonable attorney fees, incurred in the defense thereof, for the death or injury to any person or persons (including employees of City or County) or damage of any property (including property of City or County) which arises out of or is in any way connected with performance of this agreement (collectively “Liabilities”) except where such Liabilities are proximately caused solely by the negligence or willful misconduct of any Indemnitee.
[SIGNATURES TO FOLLOW ON THE NEXT PAGE]

Procurement Contract No.
8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first mentioned above.

CITY OF NEWARK COUNTY OF ALAMEDA
Approved as to form:

By: __________________________ By: __________________________ City Attorney President, Board of Supervisors
Date: Date:

By: _________________________ Approved as to form:

City Manager Donna R. Ziegler, County Counsel

Date: _________________________
By: _____________________________
Caitlyn M. Gulyas,
Deputy County Counsel
Attest: _______________________
City Clerk

Date: ________________________
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

Procurement Contract No.
9 AGREEMENT BY AND BETWEEN

CITY OF NEWARK
AND

THE COUNTY OF ALAMEDA

EXHIBIT A
Amount
03L – Sidewalks
Improve Americans with Disabilities (ADA) parking accessibility, including basketball court resurfacing at Mayhews Landing Park, and pathway repairs at Birch Grove Park
$141,692
14A – Rehabilitation - Single Unit Residential
Minor Home Repair Program that promotes the maintenance of homes for the benefit of low-income Alameda County residents. County will retain funds allocated by City for services to be performed by Alameda County Healthy Homes. Including $11,265.20 for project delivery costs. $48,894
21A – Administration
$7,800 to be used in ADA Curb Cut program $7,800
TOTAL - CITY OF NEWARK $198,386
Anticipated Program Income* $39,534
TOTAL CONTRACT AMOUNT $237,920
* Based on an estimate of prior years’ program income received; only actual program income received will be available to the City for its Revolving Loan Fund (Housing Rehabilitation Programs).

Procurement Contract No.
10 EXHIBIT A1

ALAMEDA COUNTY HOUSING AND COMMUNITY DEVELOPMENT
AND

CITY OF NEWARK
CFDA number:
■□ CDBG 14.218
CFDA Title: Community Development Block Grants/Entitlement Funds Name of Federal Agency: Housing and Community Development Department (HUD) Subrecipient Unique Entity Identification: 021116418
Federal Award Date of award to HCD by HUD:

Federal Award Identification Number: B25-UC-06-0001
Procurement Contract No.
11 EXHIBIT B

COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the County, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the contractor maintains broader coverage and/or higher limits than the minimums shown below, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.

TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability
$1,000,000 per occurrence (CSL)
Bodily Injury and Property Damage
B Commercial or Business Automobile Liability
All owned vehicles hired or leased vehicles, non-owned, borrowed and permissive uses.

Personal Automobile Liability when extended to cover your business is acceptable for individual contractors with no transportation or hauling related activities $1,000,000 per occurrence (CSL)
Any Auto or Hired and Non-Owned Autos
Bodily Injury and Property Damage
C Workers’ Compensation (WC) and Employers Liability (EL) As required by State of California
WC: Statutory Limits
EL: No less than $1,000,000 per accident for bodily injury or disease D Endorsements and Conditions:

1. ADDITIONAL INSURED: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Auto policy shall contain or be endorsed to contain additional insured coverage for the County.

2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained and evidence of insurance must be provided during the entire term of the Agreement and for at least five (5) years following the later of termination of the Agreement 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. If coverage is cancelled or nonrenewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall be primary and non-contributory coverage at least as broad as ISO CG 20 10 04 13 as respects the County, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’ insurance and shall not contribute with it.

Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.

4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with an A.M. Best Rating of no less than A: VII or equivalent, shall be admitted to the State of California unless otherwise acceptable by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Self-insured retentions must be declared and approved.

Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The policy language shall provide or be endorsed to provide, that the self –insured retention may be satisfied by either the named insured or County.

5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit.

6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:
– Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Forms named above. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.

7. CANCELLATION OF INSURANCE: Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice of cancellation provided to the County in accordance with policy terms and conditions.

8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of insurance and applicable insurance endorsements as set forth in the provisions of this Agreement and this Exhibit C, in forms satisfactory to County, evidencing that all required insurance coverage is in effect. However, failure to obtain the required documents prior to the work beginning shall not waive the Contactor’s obligation to provide them. The County reserves the right to require the Contractor to provide complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Certificate C-1 Form 2001-1 (Rev. 03/31/20)
Item D. 4.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Vibha Deshmukh, Senior Civil Engineer
SUBJECT Notification of City Engineer's Pending Decision on the Final Map and Subdivision Improvement Agreement for Tract 8665 – Cedar Townhomes (Taylor Morrison of California, LLC) at 38600 Cedar Blvd
The City Council adopted Subdivision Ordinance No. 546 on November 9, 2023, replacing Title 16 "Subdivisions" of the City of Newark Municipal Code in its entirety. The ordinance was amended to authorize the City Engineer to take action on the final map because the approval of final maps is a non-discretionary matter and is based on the City Engineer’s findings. In accordance with Chapter 16.24.080 of the City of Newark Municipal Code, the City Council shall receive notification of the City Engineer's pending approval of a final map.

This staff report serves to notify the City Council of the City Engineer’s pending decision on the following Final Map, as required by the Ordinance:

Tract Location Developer
Number of
Units/Lots
Vesting Tentative
Tract Map Approval
Proposed
City
Engineer's
Pending
Decision
on Final
Map
Approved
by
Approval
Date
8665
38600
Cedar
Boulevard
(APNs:
92A-2585-12-1,
92A-2585-31)
Waymark
Development
LLC
76-Unit
Townhome
Development
City
Council
September
14,2023
Approve
Final Map
The City Council adopted Resolution No. 11561 approving DR2022-011, and MUP2022-026, a Design Review, Minor Use Permit and Vesting Tentative Map for this residential development on September 14, 2023. The proposed development is located on the northeast side of Cedar Boulevard on between Alameda County Flood Control channel and the EZ8 motel. The developer has prepared a final map, Tract 8665 for condominium purposes. The project includes 76-units townhouse development on a 3.72-acre site. The final map for Tract 8665 - Cedar Townhome (Taylor Morrison of California, LLC) has been reviewed and found to be in conformance with Vesting Tentative Tract Map 8665 and the conditions of approval. The developer, Taylor Morrison of California, LLC, has executed a subdivision improvement agreement and has posted a Performance Bond and Materials Bond in the amount of $6,095,000.00 each, to guarantee the construction of the public and private improvements. The final map and the subdivision improvement agreement are now ready for the City Engineer's approval. The recording of the final map and issuance of subsequent permits and approvals for construction activity will be at the discretion of the City Engineer.

Attachments
Tract Map 8665
Resolution No. 11561

Item D. 5.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Report on administrative actions during August recess At the December 12, 2024, meeting the City Council adopted Resolution No. 11577 authorizing the City Manager, or Acting City Manager, to act on certain administrative matters which should not be deferred until the next regularly scheduled meeting of the City Council. The City Council directed the City Manager to report to the City Council after the recess on all such actions.

It is recommended that the City Council, by motion, affirm the City Manager's, or Acting City Managers, action on the matters listed in Exhibit A.

Attachments
Exhibit A
August recess items
Exhibit A
Date Subject Contract Number
(if applicable)
08/06/25 All City Management Services – crossing guards C25044 08/26/25 Acceptance of an agreement with Mike York Investigations for FY2025/2026, FY2026-2027, and FY2027-2028
08/27/25 Acceptance of an agreement with Sun Ridge Systems for software support services for FY2025/2026, FY2026-2027, and FY2027-2028
08/27/25 Acceptance of an agreement with Peregrine Technologies, Inc.

For FY2025-2026

Item E. 1.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Yvonne Huynh, Assistant Planner
SUBJECT Hearing to consider a Call for Review of the Community Development Director’s approval of a Minor Use Permit
(MUP2025-021) for Macha Swag Dance, an instructional dance studio at 2086 Newpark Mall, Unit 1093 (APN: 901-111-25) and consider adopting a resolution affirming the Community
Development Director's action or, in the alternative, consider adopting a resolution overturning the Community Development Director's action
SUMMARY AND RECOMMENDATION
The applicant, Renukha Raj (“Applicant”), on behalf of the property owner, NewPark Mall LP, submitted an application for a Minor Use Permit (MUP2025-011) to allow for the operation of Macha Swag Dance, an instructional dance studio, at 2086 Newpark Mall Unit 1093 (the “Project”). The use is classified as “instructional services” and requires the approval of a Minor Use Permit pursuant to Newark Municipal Code (NMC) §17.08.020.

On July 22, 2025, the Community Development Director approved the Project based upon the findings and subject to conditions of approval detailed in the Notice of Action (Attachment 1). Staff sent the Notice of Action describing the decision to the Applicant, members of the City Council, and Planning Commission.

Pursuant to NMC §17.31.100, a member of the City Council may submit a "Call for Review" of a decision of the Community Development Director, Zoning Administrator, or Planning Commission. Council Member Grindall requested a review of the Community Director’s decision to approve the Project.

Staff recommends that the City Council consider one of the following actions:

Affirm the Community Development Director’s decision to approve the Minor Use Permit without any modifications to project approvals (Attachment 4);

1. Affirm the Community Development Director’s decision to approve the Minor Use Permit with changes to the Project, the required findings of fact, and/or the conditions of approval; or

2. 3. Reject the Community Development Director’s decision, thereby denying the Project based on an inability to make the necessary findings for approval.

Staff recommends that the City Council affirm the Community Development Director's approval of the Minor Use Permit (MUP2025-011) without any modifications to the project or its conditions. However, if the City Council seeks to overturn the Director’s decision, staff has provided a draft resolution (Attachment 5). The draft resolution includes space for the City Council to identify where it is unable to make the necessary findings to approve the Project.

BACKGROUND
The subject site is located within NewPark Mall and is zoned RC: Regional Commercial, with a NewPark Place Specific Plan Overlay District. The General Plan land use designation is Regional Commercial. The tenant space is situated on the first floor of the mall and comprises approximately 2,047 square feet. Surrounding uses include a mix of retail and mall-related commercial activities. The previous use of Unit 1093 was a T-Mobile retail store. Adjacent tenant spaces are currently vacant.

Project Description
The Project involves an instructional dance studio use, Macha Swag Dance, within an existing commercial tenant space at 2086 Newpark Mall, Unit 1093. The use is categorized as “instructional services” under NMC §17.45.020.

The dance studio would operate Monday through Friday from 5:00 p.m. to 9:00 p.m., and Saturday through Sunday from 10:00 a.m. to 6:00 p.m. The facility would host up to three one-hour classes per day, offering instruction in Indian dance and movement arts. Each class would be led by two instructors and would serve between five and fifteen students per session. The only equipment associated with the proposed use consists of portable speakers used for music playback during instruction.

DISCUSSION/ANALYSIS
The Regional Commercial General Plan designation is intended to support the City’s largest and most complete shopping facilities, accommodating a wide variety of goods and services such as department stores, restaurants, entertainment venues, and similar uses, drawing patrons from throughout Newark and the surrounding communities. This designation is implemented through the RC: Regional Commercial zoning district and is further guided by the NewPark Place Specific Plan, which envisions the transformation of NewPark Mall into a vibrant, mixed-use regional destination that offers a range of retail, dining, and entertainment options.

Under NMC §17.45.020, the proposed use is classified as “instructional services” and requires the approval of a Minor Use Permit pursuant to NMC §17.08.020. The Project was reviewed under NMC Title 17 (Zoning) and complies with all applicable provisions of the zoning district, including allowable uses, parking requirements, and compatibility with surrounding commercial tenants.

City records indicate that the subject tenant space was previously occupied by a retail user until 2019. The instructional service use, Macha Swag Dance, requires minimal interior alterations, including the installation of a mirrored wall. No exterior or structural modifications are needed. Classes would be held during weeknights and weekends, with a maximum of three one-hour sessions per day serving 5–15 students each, led by two instructors. No equipment is proposed other than portable speakers. The business operations are compatible with the existing commercial context.

The Project is expected to generate minimal vehicle traffic and noise impacts. A 2021 Parking Sub-Master Plan study, prepared with the NewPark Place Specific Plan revisions in 2021, found that NewPark Mall provides a total of 7,499 existing parking spaces. Based on the specific plan’s parking requirements, approximately 5,607 spaces are needed to accommodate the existing land uses, leaving a surplus of 1,892 parking stalls. Given the mall’s excess parking supply, small class size, and off-peak business hours, the Project would not impact the mall’s parking capacity or circulation.

The Project is consistent with the broader goals of the General Plan and the NewPark Place Specific Plan, which envisions the revitalization of underutilized commercial spaces and encourages a diverse mix of retail, entertainment, and community-oriented uses. In recent years, NewPark Mall has experienced high vacancy rates, which has affected its role as a significant contributor to Newark’s economy. The proposed use would activate a vacant storefront and provide a consistent, community-serving use that draws families and visitors into the space, generating additional foot traffic to support surrounding retailers and enhancing the mall’s role as a regional retail destination that offers amenities and gathering spaces.

Based on staff’s analysis, the Project satisfies all required findings for a Minor Use Permit under NMC §17.35.060, including consistency with applicable land use designations, compatibility with surrounding uses, and a lack of significant adverse impacts on public health, safety, or welfare. The findings are provided in Attachment 1 of this report.

FISCAL IMPACT
The Project would not have a substantial fiscal impact on the city. Activating the proposed vacant space with the dance studio may increase foot traffic and customer visits to the mall, resulting in additional customers for all tenants.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The Class 1, Existing Facilities, Categorical Exemption is appropriate for this project, according to California Environmental Quality Act (CEQA) provisions. Per CEQA §15301, additional environmental review is not required because the Project involves the interior operation of a small business within an existing commercial building with no expansion of use.

This Project did not require a review by the Planning Commission.

REVIEW AND APPROVAL
Prepared by - Yvonne Huynh, Assistant Planner
Prepared by - Yvonne Huynh, Assistant Planner
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 - Notice of Action
Attachment 2 - Project Narrative
Attachment 3 - Project Plans
Attachment 4 - Draft Resolution – Affirming the Community Development Director’s Decision of Approval of the Project
Attachment 5 – Draft Resolution – Overturning the Community Development Director’s Decision of Approval of the Project
Staff Presentation
City of Newark
Community Development Department – Planning
37101 Newark Boulevard
Newark, CA 94560
510.578.4330 [email protected] www.newark.org facebook.com/PlanningNewarkCA

NOTICE OF ACTION
Community Development Director
The Community Development Director approved a Minor Use Permit (MUP) to allow for Macha Swag Dance, an instructional service use located at 2086 Newpark Mall Unit 1093.

This Notice of Action (NOA) is hereby prepared pursuant to Newark Municipal Code (NMC) §17.31.080(B). On July 22, 2025, the Community Development Director (CDD) approved Minor Use Permit MUP2025-011 as described in this NOA.

A member of the Planning Commission or the City Council may call for a review of the decision made by the CDD. Such call for review shall not require any statement of reasons and shall not represent opposition to or support of the decision, application, or appeal. All calls for review shall be received within 14 calendar days1 of the date of this NOA. A call for review shall be communicated individually to the Planning Division to avoid any conflicts with California Government Code §54950 et seq (i.e., Ralph M. Brown Act).

Application No.: MUP2025-011
Project Address / Location: 2086 Newpark Mall Unit 1093 Project APN: 901-111-25
General Plan Designation: Regional Commercial
Zoning: RC: Regional Commercial with a NewPark Place Specific Plan Overlay District Property Owner: Brookfield Properties (BP Retail)
Attn: Kaylyn Dawkins, Brookfield Properties
Applicant: Renukha Raj
Request: Pursuant to NMC §17.08.020, an application for a Minor Use Permit (MUP) to allow for Macha Swag Dance, an instructional service use2to be located in the City’s Regional Commercial Zoning District with a NewPark Place Specific Plan Overlay District.
1 In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.
2 NMC §17.45.020 defines Instructional services as “Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction.”
MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 2 / 8 Project/Event Description: The applicant is proposing to operate a dance instructional service use, Macha Swag Dance, located at 2086 Newpark Mall Unit 1093. The existing tenant space is approximately 2,047 square feet and is located on the first level of the Newpark Mall. The proposed use would operate Monday through Friday from 5:00 pm to 9:00 pm and Saturday through Sunday from 10:00 a.m. to 6:00 p.m.

The proposed use would have three one-hour classes per day. Each class would consist of instructional Indian dance and movement arts guided by two instructors. Class sizes range from five to fifteen students per session.

Speakers are the only equipment needed for this proposed use. The project description and plans are included in Exhibit C of this NOA.

Required Findings: The proposed use is subject to the findings specified in NMC §17.35.060. As detailed in Exhibit A of this NOA, the CDD finds that the proposed use meets the required findings, subject to the conditions of approval specified in Exhibit B of this NOA.

Conditions of Approval: The proposed use is subject to the conditions of approval included in Exhibit B of this NOA.

Mailing Date: July 22, 2025 – The date when this NOA was mailed to the applicant and to the members of the City Council and Planning Commission.

Filing Date: July 22, 2025 – The date when this NOA with the City Clerk.

Appeal Fee & Procedure: $4,586 – Decisions of the CDD may be appealed to the Planning Commission by filing a written appeal with the Planning Division. Unless otherwise specified in State or federal law, all appeals shall be filed in writing within 14 calendar days3 of the date which the action was taken. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal.
3 In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 3 / 8 The Community Development Director approved a Minor Use Permit (MUP) to allow for Macha Swag Dance, an instructional service use located at 2086 Newpark Mall Unit 1093.

Steven Turner
Community Development Director
MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 4 / 8 EXHIBIT A – FINDINGS
A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of Title 17 and all other titles of the Municipal Code.

The space at 2086 Newpark Mall Unit 1093 is zoned RC: Regional Commercial with a NewPark Place Specific Plan Overlay District. The RC zoning district is intended to support large-scale shopping facilities that include a broad array of goods and services, including department stores, retail shops, restaurants, entertainment facilities, and similar uses that draw patrons from throughout Newark and the surrounding region.

The proposed use would be classified as an instructional service use because it would offer fitness and dancing instruction centered on cultural practices, building community, confidence, and teaching artistic expression through dance. This is consistent with the definition of “instructional service” as set forth in NMC §17.45.020.

Pursuant to NMC §17.08.020, an instructional service use is an allowed use with the approval of a MUP.

The proposed use would be in compliance with the applicable provisions of Title 17 – Zoning. Additionally, the proposed use would not consist of any exterior or interior changes to the existing building. As noted in Exhibit B of this NOA, the proposed use is subject to conditions, including obtaining approval of a Business License, Sign Permit, and Building Permit(s). This finding can be made in the affirmative.

B. The proposed use is consistent with the general plan and any applicable specific plan.

The project site is designated Regional Commercial in the General Plan, which supports the City’s largest and most comprehensive shopping and service areas. This designation emphasizes a wide variety of goods and services, including department stores, retail shops, restaurants, entertainment venues, and other uses that attract patrons from across Newark and the broader region. This designation applies to NewPark Mall and adjacent commercial areas. The proposed use aligns with the General Plan’s Regional Commercial designation by offering a service that attracts participants from both Newark and the surrounding communities.

The project site is also located within the NewPark Place Specific Plan area, which envisions transforming the NewPark Mall into a vibrant, mixed-use destination offering diverse retail, entertainment, and cultural experiences. By introducing instructional Indian dance classes, the proposed use supports the Specific Plan’s goals of activating underutilized space, increasing community engagement, and drawing patrons from across the region.

This finding can be made in the affirmative.

C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

The proposed use would occupy an approximately 2,047 square foot tenant space located at 2086 Newpark Mall Unit 1093. The proposed use would operate Monday through Friday from 5:00 pm to 9:00 pm and Saturday through Sunday from 10:00 a.m. to 6:00 p.m.

No interior or exterior improvements to the existing building would be proposed. The types of service the proposed use would offer are instructional dancing centered on a variety of traditional and modern Indian dance styles. The use would not be adverse to the public health, safety, or general welfare of the community nor detrimental to surrounding properties or improvements. This finding can be made in the affirmative.

MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 5 / 8 D. Tax revenue generated by the development will exceed the city's cost of the service demand as a result of the development or a compelling community benefit will be provided.

The proposed use would not materially impact the City’s tax revenue, nor would it additionally strain City services.

E. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of the Municipal Code.

No interior or exterior improvements to the existing building would be proposed. The proposed instructional service is an allowed use with the approval of a MUP under the RC zoning district. The proposed use is subject to the applicable provisions of Title 17 – Zoning, including maintaining the required minimum 300-foot separation between two instructional services and complying with the minimum required number of on-site parking spaces.

There are no other instructional service uses nearby; therefore, the proposed use meets the separation requirement. Regarding the minimum required number of on-site parking spaces for the proposed use, the NewPark Mall currently has a sufficient number of parking spaces. The applicant has provided a parking plan. The identifying vehicle parking areas that would be utilized by employees and customers of the proposed use.

Therefore, the shopping center would have adequate parking for the existing and proposed business.

Overall, the proposed use would comply with the development standards applicable to the zoning district. This finding can be made in the affirmative.

F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.

The proposed use does not interfere with operations/businesses in this zone. Additionally, as an allowed use with the approval of a MUP, the proposed use does not deviate from the intent of the district’s development standards.

Therefore, the design, location, size, and operating characteristics of the proposed use are compatible with the existing and foreseeable future land uses in the vicinity. This finding can be made in the affirmative.

G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The proposed project does not propose an expansion to the existing building, nor does it propose a high-intensity use. The existing building has access to all utilities and given that the parking demands are met, no physical improvements are needed to approve the proposed use. The suites within the same building are expected to continue as retail uses. This finding can be made in the affirmative.

MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 6 / 8 EXHIBIT B – CONDITIONS OF APPROVAL
Planning Division
a. This approval allows for Macha Swag Dance, an instructional service useof an Indian dance instructional studio located at 2086 Newpark Mall Unit 1093. The hours of operation would be Monday through Friday from 5:00 pm to 9:00 pm and Saturday through Sunday from 10:00 a.m. to 6:00 p.m. b. Prior to commencing business activity, the operator of the subject facility shall obtain any and all necessary federal, state, or county approvals. Failure to obtain the necessary approvals shall make the subject Minor Use Permit null and void.
c. Prior to the installation of any signage for the proposed facility, the property owner and/or applicant shall submit a Sign Permit Application to the Planning Division for review and approval. Signage shall comply with Chapter 17.25 – Signage Standards.
d. All project conditions of approval shall be printed on the building permit plans, as applicable. e. All conditions of approval for this project shall be posted at the site, distributed to construction personnel, and available for employees during hours of operation.
f. Prior to commencing business activity, the operator of the subject site shall obtain a Business License with the City of Newark.
g. A building permit shall be required prior to the construction of the proposed improvements. h. The proposed project shall conform to all requirements in the Newark Zoning Ordinance. i. There shall be no sale and consumption of alcoholic beverages allowed. j. If any complaint regarding parking, on-site circulation and/or traffic is received, a parking, on-site circulation and/or traffic analysis shall be prepared at the discretion of the Community Development Director and the cost of the applicant. The applicant shall mitigate any problems identified by the parking, on-site circulation and/or traffic study.

If the applicant does not mitigate these problems, the Minor Use Permit may be revoked. k. The site and its improvements shall be maintained in a neat and presentable condition, to the satisfaction of the Community Development Director. This shall include, but not limited to, repainting surfaces damaged by graffiti and site clean-up. Graffiti removal/repainting and site clean-up shall occur on a continuing, as needed basis. l. The City of Newark and its agents, officers, and employees shall be defended, indemnified, and held harmless from any claim, action or proceedings against the City, or its agents, officers, and employees to attach, set aside, void, or annul the approval of this application or the environmental determination which accompanies it, or which otherwise arises out of or in connection with the City’s action on this application, including but not limited to, damages, costs, expenses, attorney’s fees, or expert witness fees.
m. The Community Development Director shall interpret applicable requirements in the event of any redundancy or conflict in conditions of approval.

MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 7 / 8 n. The Community Development Director shall have the right to modify or terminate this Minor Use Permit at any time if any of the terms of such permit or the conditions of approval for said permit are violated, or for other good cause deemed necessary to maintain or improve the public right-of-way or to preserve and protect the health, safety, and welfare of the public.
o. Approval of this use permit shall supersede and revoke any previous approval at this location. p. Approval of this use permit shall be revoked if the Applicant does not meet the conditions of approval. q. Per NMC §17.31.130, any permit granted under NMC Title 17 - Zoning, shall automatically expire if it is not exercised or extended within two years of its approval, unless a different time period is specified.

Building Inspection Division
r. Building Permits required for the interior modifications to the suite.

Alameda County Fire Department
s. Please submit the fire sprinkler and fire alarm plans to the Fire Department for review and approval if there are any modifications to the systems. Fire extinguisher(s) may be required. t. Fire extinguishers must be clearly visible and free from obstructions. Signage should be displayed to indicate the locations of the fire extinguishers. Each extinguisher should cover a maximum area of 3,000 square feet, with a maximum travel distance of 75 feet to reach the nearest extinguisher. The fire inspector may require additional extinguishers as needed.
u. Fire extinguishers must have a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less should be mounted at a maximum height of 5 feet from the floor to the top of the extinguisher. Monthly inspections are required, and all extinguishers must be serviced annually by a licensed professional. v. Exit signs must be clearly visible and illuminated by emergency lighting when the building is occupied. All exit door hardware must be easily operable without requiring additional effort. w. The project must comply with all applicable building and fire code requirements in effect at the time of building permit submittal.

MUP2025-011: 2086 Newpark Mall Unit 1093
City of Newark – Community Development Department – Planning 8 / 8 EXHIBIT C – PROJECT DESCRIPTION AND PLANS
Item provided on page(s) to follow.

Project Narrative for Minor Use Permit
Applicant: Macha Swag Dance (MSD)
Business Address: 2086 Newpark Mall unit 1093, Newark, 94560 (Right in front of Entrance 3)
Owner & Instructor: Renukha K Raj
Co-Founder & Lead Choreographer: Ezhil Vanan Oppilamani Contact Info: 925-319-3643 | [email protected]
Business Description
Macha Swag Dance (MSD) is a community-centered dance school dedicated to promoting mental and physical well-being through Indian dance and movement arts. We specialize in teaching a variety of traditional and modern Indian dance styles, including:
● Kuthu
● Folk
● Bollywood
● Hip Hop fusion with Indian elements
Our mission is to create an inclusive, expressive, and culturally rich environment for individuals of all ages, promoting physical fitness, confidence, and community through dance.

Operations & Schedule
● Class Size: 5 to 15 students per session
● 3 classes per day and each class duration is 1 hr.
● Monday to Friday 5:00pm to 9:00pm
● Saturday & Sunday 10:00am to 6:00pm
● Speakers are the only equipment used to play music during class ● No interior improvements are proposed at this time.

We operate in small class formats to ensure quality instruction, personal attention, and safety. Students are pre-registered and grouped by age or skill level.

Staffing
● Renukha K Raj – Owner and Head Instructor
Renukha has years of experience teaching Indian dance and is responsible for studio operations, class delivery, student management, and adherence to safety and facility regulations.
● Ezhil Vanan Oppilamani – Co-Founder, Lead Choreographer & Artist Ezhil is a highly regarded artist and choreographer in the Bay Area, known for directing and performing in numerous celebrity and large-scale cultural shows. His role at MSD includes choreographing performances, mentoring students, and enhancing the artistic direction of the school. Ezhil's expertise and experience bring prestige and professionalism to MSD’s programs.

Facility Use
The studio space will be used exclusively for dance classes, rehearsals, and internal student showcases. It will not function as a walk-in or recreational facility. Occasional invite-only student showcases or rehearsal sessions may be conducted for parents and family members.
● No food or alcohol will be served during normal operations. ● The studio is acoustically managed with volume controls in place to prevent disturbances.
● No structural modifications are planned, and all use is consistent with existing commercial interior layouts.

Parking & Traffic
Given the controlled class sizes and staggered scheduling, traffic impact will be minimal.

Most students are dropped off and picked up, and family members often carpool. We do not anticipate any adverse impact on parking availability in the area.

Community Benefit
MSD enhances Newark's cultural fabric by:
● Providing a safe and structured extracurricular outlet for youth and adults ● Promoting mental and physical wellness through movement and music ● Offering opportunities to connect with Indian heritage through dance ● Fostering community engagement through cultural events Permit Request
After speaking with the City of Newark Planning Department, we understand a Minor Use Permit is required to operate at our location. We respectfully request approval to proceed with our business operations under this permit, as our activities are consistent with the intended commercial use of the property and pose minimal impact to the surrounding environment.

Conclusion
We are committed to maintaining a safe, respectful, and inspiring space for the Newark community. Through our work at MSD, we aim to uplift, educate, and celebrate diverse cultural expressions while contributing positively to the local economy and social fabric.

We thank you for your consideration and are happy to provide any additional documentation or attend a meeting as needed.

Sincerely,
Renukha K Raj
Owner & Instructor
Macha Swag Dance (MSD)
925-319-3643 | [email protected]

EMERGENCY EXIT

NON-BUILDING
AREA

BUS STOP

WELLS FARGO BANK LANDS OF

MALL SHOPS

MALL SHOPS CAUTIONCAUTIONCAUTIONCAUTION CAUTIONCAUTION CAUTIONCAUTION

CAUTION
CAUTION ENTRANCE 3RD LEVEL

ENTRANCE
2ND LEVEL
UP
UP
DN DN
H I G H W A Y 8 8 0M O W R Y S C H O O L R D M A G. R O A D 4 COSTCO
161,223 SF
C E D A R B L V D.

M O W R Y A V E N U E
LEVEL 2 PARKING DECK 3 LEVELS - 935 STALLS
LEVEL 3
M A G. R O A D 2
M A G. R O A D 1

MALL SHOPS MALL SHOPS

MALL SHOPS
PARCEL F N 0 50' 100' 400'

GRAPHIC SCALE
200'

PARCEL B
M A G. R O A D 3

B A L E N T I N E D R I V E

PARCEL A EVEV STALL EV STALL EV

PARCEL C

EVEV STALL

SERVICE

SERVICE SERVICE SERVICE
- NOT A PART -
- NOT A PART -
- NOT A PART -
- NOT A PART -

AVAILABLE
144,000 SF

AVAILABLE
191,870 SF
- NOT A PART -

SERVICE
4,262 SF

CARDS AND COMICS

CENTRAL
OUL1
55,000 SF
AMC
0300
S:\CAD CENTER\01. MALL PLANS\CALIFORNIA\NEWPARK MALL\SP-LP-MP PLANS\7758-SP1.dwgLast Updated:4/28/2025 Waddell, Kendra DATE:

SHEET NO.

DESCRIPTION
PROJECT NO:

DRAWN BY:
© Brookfield Properties Retail Holding LLC NEWPARK MALL 2086 NEWPARK MALL NEWARK, CALIFORNIA 94560 7758
JR
SP1
May 2025

SITE PLAN
Proposed Parking Area
54'-3"
42'-9" 96'-2" 92'-3"
35'-8"
35'-1" 37'-2"
25'-0" 40'-3"
74'-4" 114'-0" 94'-0"
B.4 28'-0"
M.2 29'-6"

8.1 12.4 17.1 22.6 23.5 24.9
AA BB
(E) PARKING GARAGE

STRUCTURAL BRACING STRUCTURAL BRACING

STRUCTURAL BRACING

STRUCTURAL BRACING STRUCTURAL BRACING

STRUCTURAL BRACING STRUCTURAL BRACING STRUCTURAL BRACING STRUCTURAL BRACING

STRUCTURAL BRACING

TRANSFORMER

SCREEN WALL

STRUCTURAL BRACING
1043 1045
1055
1057 1059 1060 1061
1063
1081 1079 1074 1096 1097 1101
1107 1106
1118 1115 1121 1123 1129 1125 1131
1143 1141
1149
1052
1053
1109 1093 1095
1021
1036
1019 1022 1047
1024
1030 1034
1001
1153
1157 1155 1145 1133 1135
1136
1039 1041 1049 1051
GARAGE

PARKING CORRIDOR

SECURITY J

CORRIDOR

UPPER LEVEL PARKING

CORRIDOR

CCTV ROOM
J

M CORRIDOR CORRIDOR

CORRIDOR
X-BRACING (TYP.)

STORAGE
T/C
D RM #3
ELEC

STORAGE
E#D
RISER
E#E
RM #2
ELEC
T/C
#E
RM #3
SHOP
MAINTENANCE E#C

M SAFETY
PUBLIC

CORRIDOR MACHINE RM OF FREIGHT ELEV C
1044
0 20' 40'

GRAPHIC SCALE
80' 160'
N
30 L
34'-6" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 35'-0" 35'-0" 20'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 28'-10" 30'-0" 30'-0" 30'-0" 30'-0" 40'-0" 30'-0" 30'-0" 30'-0" 30'-0" 28'-10" 30'-0" 35'-0" 35'-0" 6'-0" 54'-0" 6'-0" 35'-0" 35'-0" 20'-0" 15'-0" N
M
L
K
J
H
G
F
E
D
C
B
A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 J.8
H.6
H.5
F.9
F.8
E.6
D.3
C.8
C.3
35'-4"
25'-2"
60'-0"
12'-6" 30'-0" 30'-6" 24'-4" 24'-6" 30'-0" 58'-0"22'-0"
43'-10" 25'-0" 72'-1" 25'-3" 30'-8"
53'-4" 20'-11" 66'-6"
25'-3" 53'-10"
26'-9" 22'-0" 15'-0" 12'-3" 30'-6" 48'-2" 95'-2"
30'-0" 32'-6" 25'-2" 15'-0" 65'-3" 95'-2" 95'-2" 34'-8" 32'-2"
35'-0"
35'-10" 57'-6"
62'-1" 81'-2"
21'-10"
34'-9"
16'-3"
18'-6" 47'-6"
8'-6" 14'-2"
9'-2"
14'-8"
10'-1" 10'-4"
12'-2" 11'-9" 89'-0"
18'-3" 114'-2" 34'-1"
23'-2"
57'-2" 83'-10"
5'-0"59'-3" 93'-11"
35'-1" 35'-4"
70'-6" 12'-6" 12'-0"
65'-3"
35'-0" 30'-0"
20'-3" 60'-0"
55'-0" 134'-3" 147'-10"
15'-11" 8'-4" 128'-5"
16'-3" 107'-8" 34'-8"
42'-10" 84'-3"
44'-4" 30'-0"
30'-3"
46'-1"
43'-8" 9'-2"
40'-0"
16'-1" 20'-1"
51'-8" 61'-5"
48'-2"
77'-8"
61'-4"
16'-7"
53'-10" 13'-5"
13'-6" 71'-10" 18'-9"
51'-10"
91'-6"
18'-6" 30'-2" 117'-3"
18'-5" 16'-3"
22'-7" 25'-2" 54'-11"
12'-9" 51'-5"
24'-2" 18'-0" 20'-5"
38'-6"
51'-0"
20'-2" 10'-0" 18'-6"
30'-0"
42'-3"
143'-4" 64'-0"
24'-10" 60'-6"
20'-0"
26'-7"
40'-4"
23'-11"
15'-0"
0200 0100
0400
21'-8"
36'-0"
32'-3" 59'-8" 1085
37'-3" 19'-8"
16'-7" 61'-7" 11'-0"
23'-1"
23'-1"
75'-9" 30'-0" 1,898 SF AVAILABLE 2,164 SF RUMI VISION 2,643 SF AVAILABLE 9,971 SF FEAR OVERLOAD SCREAM PARK 3,253 SF AVAILABLE 3,170 SF S & A COLLECTIBLES 4,101 SF TRIPL3JS 3,656 SF MINISO 532 SF

AVAILABLE
1,132 SF

AVAILABLE
853 SF

AVAILABLE
2,254 SF

NEWPARK MALL

DENTAL GROUP
1,664 SF

AVAILABLE
2,106 SF

COLLECTORS INTERNATIONAL
3,000 SF

BODY GEAR
1,001 SF AVAILABLE 3,309 SF AVAILABLE24,753 SF H&M 4,997 SF SHOE PALACE 2,411 SF BOXLUNCH 1,812 SF KAY JEWELERS 2,565 SF

ID COMPANY
1,009 SF

AVAILABLE
2,014 SF

AVAILABLE
2,047 SF

MACHA SWAG DANCE
2,123 SF FANZZ 2,526 SF ICUSTOM 3,640 SF AVAILABLE 5,832 SF AVAILABLE 6,331 SF AVAILABLE927 SF AVAILABLE 718 SF AVAILABLE 1,060 SF QUICK FIX 1,173 SF 869 SF AVAILABLE EXPRESS BEAUTY BOUTIQUE 520 SF LIDS 516 SF AVAILABLE 1,188 SF ICE LINE 946 SF AVAILABLE 3,012 SF AEROPOSTALE 2,891 SF SHIRTIQUE-NEWPARK651 SF ID COMPANY 1,297 SF LAILA’S SHOES 2,015 SF RIDE ON WORLD & TOYS 1,976 SF ROYALTY NAILS 869 SF BOBA NATION 5,925 SF

AVAILABLE
7,000 SF

JACK'S RESTAURANT
& BAR
1,226 SF AVAILABLE 1,407 SF AVAILABLE 1,152 SF AVAILABLE 1,253 SF S & A COLLECTIBLES 39,720 SF 24 HOUR FITNESS AVAILABLE 144,000 SF

AVAILABLE
191,870 SF

AVAILABLE
65,214 SF
161,223 SF COSTCO
10,793 SF LL
+13,960 SF UL
24,753 SF TOTAL
S:\CAD CENTER\01. MALL PLANS\CALIFORNIA\NEWPARK MALL\SP-LP-MP PLANS\7758-LP1.dwg Last Updated:5/1/2025 Waddell, Kendra DATE:

SHEET NO.

DESCRIPTION
PROJECT NO:

DRAWN BY:
© Brookfield Properties Retail Holding LLC NEWPARK MALL 2086 NEWPARK MALL NEWARK, CALIFORNIA 94560 7758
KW
LP1
May 2025

LEASE PLAN

LOWER LEVEL

Resolution No. [Publish Date] 1 of 10
MUP2025-011
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AFFIRMING THE COMMUNITY DEVELOPMENT
DIRECTOR’S DECISION TO APPROVE MUP2025-011, A
MINOR USE PERMIT FOR INSTRUCTIONAL SERVICE USE
AT 2086 NEWPARK MALL UNIT 1093 (APN: 901-111-25)
WHEREAS, Renukha Raj, (the “Applicant”) submitted an application to the City for a Minor Use Permit for an instructional dance studio to be located at 2086 Newpark Mall, Unit 1093 (APN: 901-111-25) (the “Project”); and
WHEREAS, the property at 2086 Newpark Mall Unit 1093 (the “Project site”) consists of an approximately 2,047-square-foot tenant space within NewPark Mall, is designated Regional Commercial under the General Plan, and is zoned RC: Regional Commercial with a NewPark Place Specific Plan Overlay District; and
WHEREAS, the Applicant and Property Owner seek a Minor Use Permit, which, pursuant to NMC §17.08.020, instructional service uses in the RC Zoning District require approval of a Minor Use Permit; and
WHEREAS, the Project was reviewed for compliance with all the following Minor Use Permit findings pursuant to NMC §17.35.060; and
WHEREAS, a California Environmental Quality Act (the "CEQA") analysis determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15301 because the Project involves the interior operation of a small business within an existing commercial building with no expansion of use; and WHEREAS, the Community Development Director approved the Project, and a Notice of Action describing the approval of Minor Use Permit MUP2025-011 for the operation of Macha Swag Dance at 2086 NewPark Mall, Unit 1093, was provided to the Applicant, members of the City Council, and Planning Commission; and
WHEREAS, pursuant to NMC §17.31.100, a member of the City Council may call for review of a decision of the Director, Zoning Administrator, or Planning Commission; and WHEREAS, Council Member Grindall called for a review of the Community Development Director’s decision on the Project; and
WHEREAS, pursuant to NMC §17.31.060, a public hearing notice was published in The Tri City Voice on Augst 26, 2025 and mailed as required for a public hearing, and the City Council held a meeting on said application at 7:00 p.m. on September 11, 2025; and Resolution No. 2 of 10
WHEREAS, the City Council held a public hearing on September 11, 2025, and fully considered the Project, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing; and WHEREAS, the City Council finds that the staff report, exemptions from CEQA, and standards for approval reflect the City’s independent judgement and analysis of the Project; and WHEREAS, the City Council finds that the Project conforms with the City’s General Plan and Zoning Code for which are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website; and WHEREAS, the City Council finds that the Project satisfies the requisite findings of fact necessary for approval of the Minor Use Permit as further explained in the staff report and the findings of fact associated with this Resolution, as identified in “Exhibit A” attached to this Resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

Section 1. That the forgoing recitals are true and correct and made part of this Resolution.

Section 2. Based on independent review and analysis, the City Council finds that the Project qualifies for a Class 1 Categorical Exemption under CEQA Guidelines §15301 and is therefore exempt from further environmental review.

Section 3. That the City Council hereby makes the necessary findings and determinations required by the NMC to approve the requested Minor Use Permit for the Project, as further explained in the staff report and findings of fact for approval as set forth in “Exhibit A” attached hereto and incorporated herein by this reference.

Section 4. Based on the findings and determinations, the City Council hereby approves MUP2025- 011, a Minor Use Permit for Macha Swag Dance, an instructional dance studio at 2086 Newpark Mall, Unit 1093 (APN: 901-111-25), subject to the Conditions of Approval, as further set forth in “Exhibit B” attached hereto and incorporated herein by this reference.

Resolution No. 3 of 10
This Resolution was introduced at the City of Newark City Council’s September 11, 2025 regular meeting by Mayor _________________________, seconded by Council Member _________________________, and passed as follows:

AYES:

NOES:

ABSENT:

SECONDED:

Attachments
Exhibit A – Findings of Fact
Exhibit B – Conditions of Approval
Exhibit C – Project Narrative
Exhibit D – Project Plans
Exhibit A: Findings of Fact
Resolution No. 4 of 10
Exhibit A

FINDINGS OF FACT
MUP2024-001
2086 Newpark Mall Unit 1093
Alameda County Assessor’s Parcel Number 901-111-25
Minor Use Permit Findings (NMC §17.35.060)
A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title [NMC Title 17] and all other titles of the Municipal Code.

The space at 2086 Newpark Mall unit 1093 is zoned RC: Regional Commercial with a NewPark Place Specific Plan Overlay District. The RC zoning district is intended to support large-scale shopping facilities that include a broad array of goods and services, including department stores, retail shops, restaurants, entertainment facilities, and similar uses that draw patrons from throughout Newark and the surrounding region.

The proposed use would be classified as an “instructional service” because it would offer fitness and dancing instruction centered on cultural practices, building community, confidence, and teaching artistic expression through dance. This is consistent with the definition of “instructional service” as set forth in NMC §17.45.020. Pursuant to NMC §17.08.020, an instructional service use is an allowed use with the approval of a Minor Use Permit.

The proposed use would be in compliance with the applicable provisions of Title 17 – Zoning.

As noted in Exhibit B of this Resolution, the proposed use is subject to conditions, including obtaining approval of a Business License, Sign Permit, and Building Permit(s).

This finding can be made in the affirmative.

B. The proposed use is consistent with the general plan and any applicable specific plan.

The Project site has a General Plan Land Use designation of Regional Commercial. The Project will be consistent with the following General Plan policies:
 Policy LU-4.4 – Greater NewPark Area. Modernize the Greater NewPark Area to create a vibrant regional retail location which provides urban amenities and gathering places. A mixture of higher density housing, office, hotel, entertainment, civic, and other uses should be encouraged, to the extent that these uses enhance regional retail as the primary use and assist in the area’s revitalization.  Policy LU-9.1 – Greater New Park Area Land Use Mix. Diversify the mix of uses in the NewPark Mall vicinity to sustain and expand its role as the premiere shopping and entertainment destination in Southern Alameda County.

Exhibit A: Findings of Fact
Resolution No. 5 of 10
The Project site is also consistent with applicable policies in the NewPark Place Specific Plan, including:
 Policy LU-12 – A Retail Sub Plan is required for…(3) a program for addressing large expanses of blank building walls along “Street A” such as those at Macy’s and 24 Hour Fitness, through the addition of external street facing retail, landscape screening, retail kiosks, and public art. The retail sub plan will include how all retail is phased, including the development of each of the new mixed-use blocks. The plan will demonstrate a mix of complementary, vibrant, high quality retail, restaurant and entertainment uses, that create a destination retail district, for the existing interior retail spaces (anchors and in-line spaces), and the proposed exterior spaces (new retail street). Ground floor street retail, including Blocks A, A-3, B-1, B-2, shall be subject to the retail sub plan tenanting plan to define tenanting priorities and tenanting phasing and which demonstrates that a mix of complementary, vibrant, high-quality retail, restaurant, and entertainment uses can and will be provided.  Policy LU-19 – The Retail Sub Plan can consider interim uses with limited lease terms including tenant types, and estimated dates of retail space delivery and tenant openings.

This finding can be made in the affirmative.

C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

The proposed use would occupy an approximately 2,047-square-foot tenant space at 2086 Newpark Mall, Unit 1093. It would operate Monday through Friday from 5:00 p.m. to 9:00 p.m. and Saturday through Sunday from 10:00 a.m. to 6:00 p.m.

Apart from installing a mirror wall inside the space, no interior or exterior improvements to the existing building would be proposed. The proposed use would offer is instructional dancing centered on a variety of traditional and modern Indian dance styles. The use would not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. It will be compatible with the existing retail and entertainment uses within the NewPark Mall.

This finding can be made in the affirmative.

D. Tax revenue generated by the development will exceed the City's cost of the service demand as a result of the development or a compelling community benefit will be provided.

The proposed use will not materially impact the City’s tax revenue, nor will it strain City services.

This finding can be made in the affirmative.

Exhibit A: Findings of Fact
Resolution No. 6 of 10
E. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title [NMC Title 17].

The project proposes a mirror wall inside the space. No exterior improvements to the existing building would be proposed. The proposed instructional service is an allowed use with the approval of a Minor Use Permit under the Regional Commercial Zoning District. The proposed use is subject to the applicable provisions of Title 17 – Zoning, including maintaining the required minimum 300-foot separation between two instructional services and complying with the minimum required number of on-site parking spaces.

There are no other instructional service uses nearby. The closest instructional service use from Macha Swag Dance is Aerodance, a dance school located approximately 1,436 feet away.

Therefore, the proposed use meets the separation requirement.

Regarding the minimum required number of on-site parking spaces for the proposed use, A 2021 Parking Sub-Master Plan study conducted as part of the NewPark Place Specific Plan found that NewPark Mall provides a total of 7,499 existing parking spaces. Based on the specific plan’s parking requirements, approximately 5,607 spaces are needed to accommodate the existing land uses, leaving a surplus of 1,892 parking stalls. The NewPark Mall currently has a sufficient number of parking spaces. The applicant has provided a parking plan that identifies vehicle parking areas that employees and customers of the proposed use would utilize. Based on this analysis, the shopping center would have adequate parking for the existing and proposed businesses.

Overall, the proposed use would comply with the development standards applicable to the zoning district.

This finding can be made in the affirmative.

F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.

The proposed use does not interfere with operations and businesses in this zone. Additionally, as an allowed use with the approval of a Minor Use Permit, the proposed use does not deviate from the intent of the district’s development standards. Therefore, the design, location, size, and operating characteristics of the proposed use are compatible with the existing and foreseeable future land uses in the vicinity.

This finding can be made in the affirmative.

G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

The proposed project does not propose an expansion to the existing building, nor does it Exhibit A: Findings of Fact
Resolution No. 7 of 10
propose a high-intensity use. The existing building has access to all utilities and given that the parking demands are met, no physical improvements are needed to approve the proposed use.

The suites within the same building are expected to continue as retail uses.

This finding can be made in the affirmative.

California Environmental Quality Act (CEQA) Categorical Exemption Findings Class 1, Existing Facilities, Categorical Exemption is appropriate for the Project, according to California Environmental Quality Act (CEQA) provisions. Per CEQA §15301(e)(1), additional environmental review is not required because the Project involves the interior operation of a small business within an existing commercial building with no expansion of use.

Exhibit B: Conditions of Approval
Resolution No. 8 of 10
Exhibit B

CONDITIONS OF APPROVAL
MUP2025-011
2086 Newpark Mall Unit 1093
Alameda County Assessor’s Parcel Number 901-111-25
Planning Division

1. This approval allows for Macha Swag Dance, an instructional service use of an Indian dance instructional studio located at 2086 Newpark Mall Unit 1093. The hours of operation would be Monday through Friday from 5:00 pm to 9:00 pm and Saturday through Sunday from 10:00 a.m. to 6:00 p.m.

2. Prior to commencing business activity, the operator of the subject facility shall obtain any and all necessary federal, state, or county approvals. Failure to obtain the necessary approvals shall make the subject Minor Use Permit null and void.

3. Prior to the installation of any signage for the proposed facility, the property owner and/or applicant shall submit a Sign Permit Application to the Planning Division for review and approval. Signage shall comply with Chapter 17.25 – Signage Standards.

4. All project conditions of approval shall be printed on the building permit plans, as applicable.

5. All conditions of approval for this project shall be posted at the site, distributed to construction personnel, and available for employees during hours of operation.

6. Prior to commencing business activity, the operator of the subject site shall obtain a Business License with the City of Newark.

7. A building permit shall be required prior to the construction of the proposed improvements.

8. The proposed project shall conform to all requirements in the Newark Zoning Ordinance.

9. There shall be no sale and consumption of alcoholic beverages allowed.

10. If any complaint regarding parking, on-site circulation and/or traffic is received, a parking, onsite circulation and/or traffic analysis shall be prepared at the discretion of the Community Development Director and the cost of the applicant. The applicant shall mitigate any problems identified by the parking, on-site circulation and/or traffic study. If the applicant does not mitigate these problems, the Minor Use Permit may be revoked.

11. The site and its improvements shall be maintained in a neat and presentable condition, to the satisfaction of the Community Development Director. This shall include, but not limited to, repainting surfaces damaged by graffiti and site clean-up. Graffiti removal/repainting and site clean-up shall occur on a continuing, as needed basis.

Exhibit B: Conditions of Approval
Resolution No. 9 of 10

12. The City of Newark and its agents, officers, and employees shall be defended, indemnified, and held harmless from any claim, action or proceedings against the City, or its agents, officers, and employees to attach, set aside, void, or annul the approval of this application or the environmental determination which accompanies it, or which otherwise arises out of or in connection with the City’s action on this application, including but not limited to, damages, costs, expenses, attorney’s fees, or expert witness fees.

13. The Community Development Director shall interpret applicable requirements in the event of any redundancy or conflict in conditions of approval.

14. The Community Development Director shall have the right to modify or terminate this Minor Use Permit at any time if any of the terms of such permit or the conditions of approval for said permit are violated, or for other good cause deemed necessary to maintain or improve the public right-of-way or to preserve and protect the health, safety, and welfare of the public.

15. Approval of this use permit shall supersede and revoke any previous approval at this location.

16. Approval of this use permit shall be revoked if the Applicant does not meet the conditions of approval.

17. Per NMC §17.31.130, any permit granted under NMC Title 17 - Zoning, shall automatically expire if it is not exercised or extended within two years of its approval, unless a different time period is specified.

Building Inspection Division

1. Building Permits required for the interior modifications to the suite.

Alameda County Fire Department

1. Please submit the fire sprinkler and fire alarm plans to the Fire Department for review and approval if there are any modifications to the systems. Fire extinguisher(s) may be required.

2. Fire extinguishers must be clearly visible and free from obstructions. Signage should be displayed to indicate the locations of the fire extinguishers. Each extinguisher should cover a maximum area of 3,000 square feet, with a maximum travel distance of 75 feet to reach the nearest extinguisher. The fire inspector may require additional extinguishers as needed.

3. Fire extinguishers must have a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less should be mounted at a maximum height of 5 feet from the floor to the top of the extinguisher. Monthly inspections are required, and all extinguishers must be serviced annually by a licensed professional.

4. Exit signs must be clearly visible and illuminated by emergency lighting when the building is occupied. All exit door hardware must be easily operable without requiring additional effort.

Exhibit B: Conditions of Approval
Resolution No. 10 of 10

5. The project must comply with all applicable building and fire code requirements in effect at the time of building permit submittal.

Resolution No. [Publish Date] 1 of 3
MUP2025-011
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK OVERTURNING THE COMMUNITY
DEVELOPMENT DIRECTOR’S DECISION OF APPROVAL
THEREBY DENYING MUP2025-011, A MINOR USE PERMIT
FOR INSTRUCTIONAL SERVICE USE AT 2086 NEWPARK
MALL UNIT 1093 (APN: 901-111-25)
WHEREAS, Renukha Raj, (the “Applicant”) submitted an application to the City for a Minor Use Permit for an instructional dance academy to be located at 2086 Newpark Mall, Unit 1093 (APN: 901-111-25) (the “Project”); and
WHEREAS, the property at 2086 Newpark Mall Unit 1093 (the “Project site”) consists of an approximately 2,047-square-foot tenant space within NewPark Mall, is designated Regional Commercial under the General Plan, and is zoned RC: Regional Commercial with a NewPark Place Specific Plan Overlay District; and
WHEREAS, the Applicant and Property Owner seek a Minor Use Permit, which, pursuant to NMC §17.08.020, instructional service uses in the RC Zoning District requires approval of a Minor Use Permit; and
WHEREAS, the Project was reviewed for compliance to meet all the following Minor Use Permit findings pursuant to NMC §17.35.060; and
WHEREAS, a California Environmental Quality Act (the "CEQA") analysis determined that the Project is exempt from further environmental review pursuant to CEQA Guidelines Section 15301 because the Project involves the interior operation of a small business within an existing commercial building with no expansion of use; and WHEREAS, the Community Development Director approved the Project, and a Notice of Action describing the approval of Minor Use Permit MUP2025-011 for the operation of Macha Swag Dance at 2086 NewPark Mall, Unit 1093, was provided to the Applicant, members of the City Council and Planning Commission; and
WHEREAS, pursuant to NMC §17.31.100, a member of the City Council may call for review of a decision of the Director, Zoning Administrator, or Planning Commission; and WHEREAS, Council Member Grindall called for a review of the Community Development Director’s decision on the Project; and
WHEREAS, pursuant to NMC §17.31.060, a public hearing notice was published in The Tri City Voice on Augst 26, 2025 and mailed as required for a public hearing, and the City Council held a meeting on said application at 7:00 p.m. on September 11, 2025; and Resolution No. 2 of 3
WHEREAS, the City Council held a public hearing on September 11, 2025, and fully considered the Project, entitlements, staff report, findings of fact, conditions of approval, public comments, and all other testimony and evidence presented at the public hearing; and WHEREAS, the City Council has determined that it cannot make the required findings pursuant to the Minor Use Permit findings specified in NMC §17.35.060 as further explained in the findings of fact associated with this Resolution, as identified in “Exhibit A” attached to this Resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark as follows:

Section 1. That the forgoing recitals are true and correct and made part of this Resolution.

Section 2. That the City Council cannot make the necessary findings and determinations required by the NMC to approve the requested Minor Use Permit for the Project, as further set forth in “Exhibit A” attached hereto and incorporated herein by this reference.

Section 3. Based on the findings and determinations, the City Council hereby overturns the Community Development Director’s approval of the Project and denies MUP2025-011, a Minor Use Permit for an instructional dance academy to be located at 2086 Newpark Mall, Unit 1093 (APN: 901-111-25).

This Resolution was introduced at the City of Newark City Council’s September 11, 2025 regular meeting by Mayor _________________________, seconded by Council Member _________________________, and passed as follows:

AYES:

NOES:

ABSENT:

SECONDED:

Attachments
Exhibit A – Findings of Fact
Exhibit B – Project Narrative
Exhibit C – Project Plans
Exhibit B: Conditions of Approval
Resolution No. 3 of 3
Exhibit A

B. The proposed use is consistent with the general plan and any applicable specific plan.

C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements.

D. Tax revenue generated by the development will exceed the City's cost of the service demand as a result of the development or a compelling community benefit will be provided.

F. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.

G. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

September 11, 2025
City Council Meeting
Yvonne Huynh, Assistant Planner
Macha Swag Dance
(MUP2025-011)
1 Agenda

1. Summary of Events

2. Call for Review

3. Project Background and Overview

4. California Environmental Quality Act (CEQA) Exemption

5. Fiscal Impact

6. Findings of Fact

7. Staff Recommendation

8. Questions
2 Summary of Events
• The applicant, Renukha Raj submitted an application for a Minor Use Permit to allow for the operation of Macha Swag Dance, an instructional service use, at 2086 Newpark Mall Unit 1093 . The use requires the approval of a Minor Use Permit pursuant to Newark Municipal Code (NMC) §17.08.020.
• On July 22, 2025, the Community Development Director approved the Project based upon the findings and subject to conditions of approval detailed in the Notice of Action.
3 Summary of Events
• Notice of Action describing the Community Development Director’s decision was distributed which includes the members of the City Council. The Notice of Action included procedures for a Call for Review of the decision. • Staff received a request for a Call for Review of the Director’s decision to approve the Minor Use Permit.
4 Call for Review
• Pursuant to NMC §17.31.100, a member of the City Council may submit a "Call for Review" of a decision of the Community Development Director, Zoning Administrator, or Planning Commission.
• Such call for review shall not require any statement of reasons and shall not represent opposition to or support of a decision, application, or appeal. • The call for review shall be processed in the same manner as an appeal by any other person.
5 Project Overview – Applicant Information
• Applicant: Renukha Raj from Macha Swag Dance
• Location: NewPark Mall at 2086 Newpark Mall, Suite #1093 • Property Owner: NewPark Mall, LP
• Entitlement Requested: Minor Use Permit
• Project Description: Community-centered dance school
specializing in Indian dance and movement arts
Project Overview – Site Information

PROJECT SITE
7 Project Site
Project Overview – Floor Plan
8 Project Overview – Site Plan
9 Project Overview – Minimum Separation
10 CEQA Exemption
11 Categorically exempt from CEQA pursuant to:
• CEQA Guidelines, Article 19, §15301 for Existing Facilities that involve minor alterations and negligible expansion of use; and Fiscal Impact
• The proposed use will not materially impact the City’s tax revenue, nor will it additionally strain City services.
• Therefore, there will be no fiscal impact associated with this action. 12 Findings of Fact
13 • The Project must meet Minor Use Permit Findings (NMC §17.35.060). • The inability to make one or more of the criteria and findings is grounds for denial. • The Project will be consistent with many of Newark’s General Plan policies including:
o Policy LU-4.4 – Greater NewPark Area. Modernize the Greater NewPark Area to create a vibrant regional retail location which provides urban amenities and gathering places. A mixture of higher density housing, office, hotel, entertainment, civic, and other uses should be encouraged, to the extent that these uses enhance regional retail as the primary use and assist in the area’s revitalization.
o Policy LU-9.1 – Greater New Park Area Land Use Mix. Diversify the mix of uses in the NewPark Mall vicinity to sustain and expand its role as the premiere shopping and entertainment destination in Southern Alameda County.

Staff Recommendation
• Staff recommends that the City Council consider one of the following actions:
o Affirm the Planning Commission’s decision to adopt the Resolution without any modifications to project approvals;
o Affirm the Planning Commission’s decision to adopt the Resolution with changes to the Project, the required findings of fact, and/or the conditions of approval; or
o Reject the Planning Commission’s decision; thereby, denying the Project based on an inability to make the necessary findings for approval. 14 Staff Recommendation
• If the City Council determines that the entitlement findings cannot be made and decides to overturn the decision of the Planning Commission:

o A statement shall be made specifically identifying the denial findings as outlined in Attachment 5.
15 Questions
Questions
16 Item E. 2.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Yama Homayoun, Acting Lieutenant
SUBJECT Public Hearing and Introduce By Title Only an Ordinance Approving and Re-Adopting a Military Equipment Use Policy as Stated in Chapter 2.50, “Military Equipment Use Policy” to Title 2. "Administration and Personnel" of the Newark Municipal Code in Compliance with Assembly Bill 481
SUMMARY AND RECOMMENDATION
Assembly Bill (AB) 481 requires the Newark Police Department (NPD) to seek City Council approval by ordinance prior to funding, acquiring, or using equipment defined by the law as, “Military Equipment.” This report outlines staff’s work in complying with AB 481 and includes staff’s recommendation to conduct a public hearing to receive input on the current military equipment policy and waive full reading and introduce by title an ordinance renewing Newark Municipal Code Chapter 2.50, “Military Equipment Use Policy.” The 2024 Annual Military Equipment Use Report demonstrates compliance with all requirements set forth in AB 481 and no changes to the policy are recommended.

Staff recommends that the City Council conduct a public hearing to receive input on the current military equipment policy, waive full reading and introduce by title only an ordinance re-adopting Newark Municipal Code Chapter 2.50, “Military Equipment Use Policy.”

BACKGROUND
On September 30, 2021, Governor Gavin Newsom signed into law AB 481, relating to the use of military equipment by law enforcement agencies, codified in California Government Code sections 7070 through 7075. The law requires law enforcement agencies to obtain annual approval from their applicable governing body on any “Military Equipment Use Policy.” The item must be heard during a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment.

The term, “Military equipment,” as used in Government Code section 7070, does not necessarily indicate equipment that has been used by the military or purchased from the Federal government and the definition includes, but is not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and noise flash diversionary devices. AB 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specific determinations.

Last year, on June 27, 2024, after a duly noticed public hearing, the City Council readopted, by ordinance, the Newark Police Department Military Equipment Use Policy.

DISCUSSION/ANALYSIS
NPD is in possession of equipment that qualifies as “Military equipment” under AB 481, but does not currently receive or utilize surplus military equipment, does not possess any equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. NPD does not currently participate in the Law Enforcement Support Officer (LESO) 10-33 program - a Federal program that takes surplus military equipment and transfers them to local law enforcement agencies. “Military equipment” is defined in California Government Code section 7070 and includes items used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance the safety of community members and officers. Loss of these items would jeopardize the welfare of the public and peace officers within the Newark Police Department.

AB 481 requires any proposed or final Military Equipment Use Policy to be made publicly available on the City's website for as long as the Military Equipment is available for use. Staff posted the City Council-reviewed and approved Military Equipment Policy (709) on the City's website back in 2022.

To comply with the review and approval of the Military Equipment Policy governed by AB 481, Newark Municipal Code Ordinance Chapter 2.50, Military Equipment Use Policy, requires that NPD shall submit an Annual Military Equipment Use Report to the City Council, containing information required in Government Code Section 7072, and City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval. The proposed ordinance relies on the state law definition of Military Equipment. The ordinance requires that the City Council review this ordinance and vote on whether to renew it and NPD Policy 709, on an annual basis at a regular meeting to satisfy the requirements of Government Code 7070(d).

The 2024 Annual Military Equipment Use Report and Qualifying Equipment Inventory was posted on the City's website on August 5, 2025. As required per Government Code Section 7072, within 30 days of the report’s publication, a community engagement meeting was held on August 13, 2025, at the Newark Police Department.

The community engagement meeting was held to discuss and allow the public to ask questions about the 2024 Annual Military Equipment Use Report and Qualifying Equipment Inventory funding, acquisition, and use. Overall, community members were Equipment Inventory funding, acquisition, and use. Overall, community members were interested in learning about the various equipment and asked questions primarily about functionality.

Given the inherently unpredictable nature of providing for public safety, it is critically important that NPD maintain the ability to acquire and utilize equipment that could prove essential to emergency operations, even if that equipment has not previously been included in the approved Military Equipment Policy. In exigent circumstances, it is not feasible to convene City Council meetings to seek advance approval for the use of equipment that is needed to carry out critical operations. Therefore, the ordinance also includes a section establishing the parameters for use of Military Equipment that is not included in the approved Military Equipment Use Policy in exigent circumstances. (This information is contained in Section 709.7 on pages 3 and 4 of the attached policy.)
The following is a list of qualifying equipment that NPD currently possesses for review and approval. The items are described in greater detail within the Military Equipment Inventory attachment to the policy:

Unmanned Aircraft Systems (UAS/Drones)
Robotex Avatar Robots
Armored Rescue Vehicle (ARV) – Lenco BearCat G1
Mobile Command Vehicle
Patrol Rifles – Colt AR-15
SWAT Rifles – M4 Style platform automatic rifle
Compact Heckler Koch Submachine Guns
.308 Bolt Action Rifles
CTS CS gas systems
Baffled Canister Grenades
40mm CS Liquid Barricade Projectile
CS JetLite Rubber Ball Grenade
CS Flameless Expulsion Canister
CS Canister Grenade
40mm Frangible Impact – CS Powder
CTS 7290 – Noise Flash Diversionary Device
PepperBall Launcher
Deftech LMT 40mm kinetic energy projectiles with 40 mm projectiles NPD anticipates the exploration of replacing the current UAS fleet, which is nearing the end of its service life due to aging hardware and limited battery availability. The department intends to consider newer generation models with advanced capabilities, including Forward Looking Infrared (FLIR) technology, to enhance nighttime operations and improve situational awareness in low-light conditions. Additionally, NPD anticipates the potential purchase of one (1) UAS designed specifically for indoor and confined space operations where traditional UAS are ineffective due to GPS signal loss or restricted maneuverability. Pending external grant funding, the department is also exploring a Drone as a First Responder (DFR) program. If implemented, this program would allow for pre-positioned autonomous drone launches to respond to high-priority calls, thereby enhancing officer safety and overall response efficiency.

NPD also anticipates the acquisition of a new ARV in the coming year, as the current vehicle is reaching the latter stages of its expected service life and may soon require replacement to maintain reliability and operational readiness.

In the coming year, the department anticipates replacing thirty (30) patrol rifles and acquiring an additional ten (10) rifles to support operational needs. Additionally, NPD intends to replace six (6) M4-style platform automatic rifles, as the current in-service units have exceeded their expected service life.

Future attempts to obtain the above-listed equipment or any additional types of military equipment not expressly provided herein will adhere to procedures set forth in the Government Code and the department’s Military Equipment policy; this includes a public hearing for City Council approval prior to acquisition.

FISCAL IMPACT
No significant fiscal impacts are anticipated other than additional staff time to prepare and present future items in compliance with AB 481.

REVIEW AND APPROVAL
Prepared by - Yama Homayoun, Acting Police Lieutenant
Reviewed by - Jonathan Arguello, Chief of Police
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
2024 Annual Military Equipment Use Report
NPD Policy 709
AB 481 Renewal Ordinance
Ordinance No. 549
Slides - Military Equipment Use - AB 481
Annual Military
Equipment Use Report
2024
January 01, 2024 through December 31, 2024
Newark Police Department

TABLE OF CONTENTS
Our Mission, Vision, & Values
Introduction
Assembly Bill 481
Public Comment
Summary & Quantity of Military Equipment
Military Equipment Usage
Complaints & Audits
Training Summary
Equipment Costs
Conclusion
3 4
6 7
8 11
14 15
16 17

Page 2 ends

BUSINESS
ASSETS
VISION

FINANCIAL

STATEMENTS

MISSION
VALUES
Our Mission, Vision,
& Values
A commitment to our community and employees to improve quality of life through proactive and innovative public safety services.

STOCK

ANALYSIS
To provide professional public safety services in partnership with our community.

The Newark Police Department is entrusted to perform a critical community service – Law Enforcement. As members of the Newark Police Department, we understand that our decisions and actions must meet the most demanding ethical standards. We shall commit to the highest levels of personal and professional conduct by adhering to these five core values:
• Honor
• Integrity
• Professionalism
• Commitment
• Leadership

Page 3 ends

Introduction
In accordance with California Assembly Bill (AB) 481 and Government Code sections 7070 through 7072, the Newark Police Department (NPD) is committed to transparency, accountability, and community involvement in matters related to the acquisition and use of equipment defined as, “Military equipment.”
The use of certain law enforcement equipment can have significant implications for public safety and community trust. Therefore, the public has the right to be informed and to participate in decisions regarding the funding, acquisition, and deployment of such equipment by NPD.

Pursuant to Government Code section 7070(c), NPD currently possesses equipment classified under state law as, “Military equipment.” However, NPD does not own equipment acquired directly from the military, nor does it possess equipment specifically designed for military use.

NPD does not participate in the federal Law Enforcement Support Office (LESO) 1033 Program, and it does not receive or utilize surplus military equipment from the federal government.

Page 4 ends

NPD’s policy is to acquire and utilize equipment that supports its mission to safeguard public safety and welfare, ensuring that all tools and technologies are used responsibly and in alignment with legal and ethical standards.

In compliance with AB 481 and NPD Military Equipment Policy 709, NPD publishes an Annual Military Equipment Usage Report. This report provides the public with comprehensive information as required by Government Code section 7072, including:

A summary of how each type of military equipment was used and the specific purposes of such use.

A summary of any public complaints or concerns related to military equipment.

Findings from internal audits or reviews of compliance with the military equipment use policy, including any violations and corrective actions taken.

The total annual cost associated with each type of military equipment, including funding sources for the upcoming calendar year.

The quantity of each type of military equipment currently in NPD’s possession.

Plans to acquire additional military equipment in the next year, including the types and quantities of equipment sought.

NPD remains dedicated to building trust through transparency and encourages community members to review the Annual Report and participate in public meetings related to the deployment of military equipment.

Page 5 ends

Introduction
(Continued)
On September 30, 2021, Governor Gavin Newsom signed AB 481 into law, establishing requirements for law enforcement agencies regarding the acquisition and use of military equipment. Effective January 01, 2022, the law mandates that agencies must obtain approval from their governing body, such as the City Council, through the adoption of a military equipment use policy by ordinance.

Before funding, acquiring, or deploying military equipment, NPD must present its proposed policy at a regular, open City Council meeting for review and approval. The City Council may only authorize such actions if it determines that the equipment meets specific standards outlined in the legislation, including considerations for community safety, civil liberties, and necessities.

The ordinance is subject to an annual review by the City Council, based on an Annual Military Equipment Use Report submitted by the Department. Following this review, the Council may choose to renew the ordinance, disapprove certain items of equipment, or require modifications to the policy in response to any findings of non-compliance or community concern.

AB 481 also requires the Department to publish both the Military Equipment Use Policy and the Annual Military Equipment Use Report on its publicly accessible website. The proposed use policy must be posted at least 30 days prior to the City Council meeting at which it will be considered, ensuring transparency and allowing for public review and input.

Page 6 ends

Assembly Bill 481
NPD is committed to upholding the public’s safety, welfare, civil rights, and civil liberties.

As part of our ongoing dedication to transparency and community engagement, we place great value on public input regarding the use of military equipment in our community.

To foster open dialogue, the Department will host a community engagement meeting that is both well-publicized and conveniently located. This meeting will provide residents with the opportunity to ask questions, share feedback, and discuss the contents of the Annual Military Equipment Use Report.

The meeting will be held within 30 days of the report’s publication on the Department’s official website.

Page 7 ends

Public Comment
Summary & Quantity
of Military Equipment
Current Quantity: Four (4)
Anticipated Purchase(s): The current UAS fleet is nearing the end of its service life due to aging hardware and limited battery availability. Department staff anticipates the exploration of replacing these units with progressive, newer generation models featuring advanced capabilities, including Forward Looking Infrared (FLIR) technology to support nighttime operations and improve situational awareness in low-light conditions. Additionally, an anticipated purchase of one (1) UAS designed for indoor and confined space operations, particularly environments where traditional UAS are ineffective due to GPS signal loss or restricted maneuverability.

Pending potential external grant funding, the Department is also exploring a Drone as a First Responder (DFR) program. If implemented, this initiative would allow for pre-positioned autonomous drone launches to high-priority calls, enhancing officer safety and public response efficiency.

Current Quantity: One (1) Robotex Avatar III and one (1) Robotex Avatar II Anticipated Purchase(s): At this time, there are no anticipated purchases planned for the upcoming year.

Current Quantity: One (1)
Anticipated Purchase(s): There is an anticipated purchase in the coming year of a new ARV, as the current unit is reaching the latter stages of its expected service life and may soon require replacement to maintain reliability and operational readiness.

Unmanned Aircraft Systems (UAS/Drones)
Robotex Avatar III and Robotex Avatar II (Robots)
Lenco Armored Rescue Vehicle (ARV)
Current Quantity: One (1)
Anticipated Purchase(s): At this time, there are no anticipated purchases planned for the upcoming year.

Mobile Command Vehicle (MCV)
LPage 8
The following is a list of equipment currently in use by NPD that meets the statutory definition of military equipment as outlined in California law:

Current Quantity: Seven (7)
Anticipated Purchase(s): At this time, there are no anticipated purchases planned for the upcoming year.

Current Quantity: Two (2)
Anticipated Purchase(s): At this time, there are no anticipated purchases planned for the upcoming year.

Compact Heckler Koch Submachine Gun
.308 Bolt Action Rifle - Accuracy International AE & Ammunition Current Quantity:

Twenty (20) CTS Irritant Munitions 5230B – CS Baffled Canister Grenade Thirty (30) CTS Irritant Munitions 4330 – 40MM CS Liquid Barricade Projectile Twelve (12) CTS Irritant Munitions 9430 – CS Tear Ball Grenade Twelve (12) CTS Irritant Munitions 5430 – CS Flameless Expulsion Canister Twelve (12) CTS Irritant Munitions 6230 – CS Canister Grenade Twenty-Five (25) CTS 40mm Munitions 4530 – 40mm Frangible Impact- CS Powder Anticipated Purchase(s): At this time, there are no anticipated purchases planned for the upcoming year.

CS Gas Systems

Page 9 ends

Current Quantity: Fifteen (15)
Anticipated Purchase(s): There is an anticipated purchase of six (6) replacement M4 Style Platform Automatic Rifles, as the current units have exceeded their expected service life.

M4 Style Platform Automatic Rifle
Summary & Quantity
of Military Equipment
(Continued)
Current Quantity: Thirty (30)
Anticipated Purchase(s): In the coming year, the Department anticipates replacing the current thirty (30) Patrol Rifles and acquiring an additional ten (10) rifles to support operational needs.

Colt AR-15 (Patrol Rifles)

Page 10 ends

Current Quantity: Three (3)
Anticipated Purchase(s): At this time, there are no anticipated purchases planned for the upcoming year.

Pepperball TAC-SF Launcher
Current Quantity:

Twenty-Eight (28) Defense Technology 1425 – 40mm LMT Tactical Single Launcher, Expandable Stock;
One Hundred and Eighty (180) Defense Technology 6325 – Exact Impact 40mm Standard Range Sponge Round
Anticipated Purchase(s): There is an anticipated purchase in the coming year of approximately three dozen (36) Exact Impact 40mm Standard Range Sponge Rounds due to the upcoming expiration of existing inventory. This product has a defined shelf life and requires regular replenishment to ensure availability and effectiveness.

LMT Defense 40mm Launcher with 40mm Kinetic Energy Projectiles Current Quantity: Forty-Three (43)
Anticipated Purchase(s): There is an anticipated purchase of twelve (12) additional flashbangs in the coming year to replenish existing inventory.

CTS 7290 - Noise Flash Diversionary Device (NFDD)
Please note that the numerical inventory of military equipment may vary over time due to several factors.

These include operational use, equipment wear and tear, training demands, routine maintenance, and replacement based on expiration or replenishment schedules.

NPD is committed to transparency and accuracy, and strives to provide the most current and reliable inventory information available at the time of this report’s publication.

Summary & Quantity
of Military Equipment
(Continued)
Military
Equipment Usage
Unmanned Aerial Systems, also commonly referred to as, “Drones,” were utilized a total of seventeen (17) times during this reporting period. These deployments include:

UAS was deployed to conduct overwatch and intelligence gathering for investigative, specialty units, and mutual assistance during critical incidents and investigations.

Assisting patrol with establishing overwatch during perimeters, search and rescue for missing at-risk persons.

Conducted aerial evidence collection for the traffic unit at the scene of major collisions.

Assisting Crime Scene Investigators (CSIs) with the documentation of major investigations.

There was one deployment during this reporting period related to a critical incident, where the use of this tool was deemed necessary to support safety and security operations.

Unmanned Aircraft Systems (UAS/Drones)
Robotex Avatar III and Robotex Avatar II (Robots)

Page 11 ends

This section provides a summary of the operational use of military equipment by NPD during the reporting period of January 01, 2024, through December 31, 2024.

While certain items, particularly consumable equipment such as ammunition, diversionary devices, pepper balls, and chemical agents, are regularly used for training purposes to ensure officer proficiency, training-related usage is not included in this section. Instead, the data presented here reflects only the operational deployment of military equipment in real-world incidents as outlined in this annual report.

It is important to note that possession of this equipment does not imply or justify its use in every situation. Each deployment is carefully considered and guided by department policy, training, and the specific circumstances of the incident.

The following outlines the operational use of military equipment, categorized by type, for the 2024 calendar year:

The M4 Style Platform Automatic Rifle was deployed once during this reporting period in response to a critical incident that resulted in an Officer-Involved Shooting (OIS).

The Compact Heckler Koch Submachine Gun was not deployed during this reporting period.

M4 Style Platform Automatic Rifle
Compact Heckler Koch Submachine Gun

Page 12 ends

The ARV was deployed twelve (12) times during this reporting period. These deployments include:

SWAT Team deployment for pre-planned assignments.

Patrol deployments during critical incidents where there was an imminent threat to life.

Special events.

Lenco Armored Rescue Vehicle (ARV)
The MCV was deployed eight (8) times during this reporting period. These deployments include:

Special events.

The Colt AR-15 was not deployed during this reporting period.

Mobile Command Vehicle (MCV)
Colt AR-15 (Patrol Rifles)
Military
Equipment Usage
(Continued)
Pepperball TAC- SF Launcher was not deployed during this reporting period.

The LMT Defense 40mm Launcher was deployed six (6) times during this reporting period in support of de-escalation efforts during the pursuit and apprehension of violent suspects.

Peppberball TAC - SF Launcher
LMT Defense 40mm Launcher with 40mm Kinetic Energy Projectiles

Page 13 ends

The .308 Bolt Action Rifle was not deployed during this reporting period. .308 Bolt Action Rifle - Accuracy International AE & Ammunition CS Gas Systems was not deployed during this reporting period.

There were four (4) deployments during this reporting period related to a critical incident, where the use of this tool was deemed necessary to support safety and security operations.

CTS 7290 - Noise Flash Diversionary Device (NFDD)
CS Gas Systems
Military
Equipment Usage
(Continued)
Complaints &
Audits
In 2024, NPD did not receive any complaints regarding the use of military equipment.

All use of force incidents are thoroughly reviewed by designated Watch Commanders to ensure that officers’ actions align with department policies and all applicable laws. These reviews also serve as an opportunity to evaluate officer conduct, departmental procedures, current legislation, training protocols, and best practices in law enforcement.

As part of the Department’s 2024 military equipment audit, no policy violations or concerns were identified. Officers were found to have operated in full compliance with established policies and training standards.

Page 14 ends

The safe and effective use of equipment governed by AB 481 requires extensive initial and ongoing training, as well as the maintenance of required certifications. NPD is committed to ensuring that all personnel are well-prepared and fully compliant with applicable laws and departmental policies.

Most training is conducted internally by qualified department instructors, allowing for consistent instruction aligned with our operational standards. In some cases, personnel attend external training programs to enhance internal instruction, stay current with evolving best practices, and obtain advanced certifications such as, “Train-the-trainer, " credentials.

Both consumable and non-consumable equipment are utilized during training exercises to help ensure that officers maintain a high level of proficiency and readiness when responding to reallife emergencies.

Training Summary

Page 15 ends

Equipment Type Cost
Unmanned Aircraft Systems
(UAS/Drones)
DJI Phantom 4 Pro: $1,500
DJI Mavic 2 Enterprise: $3,350 (each)
Robotex Avatar III & Robotex Avatar II
(Robots)
Robotex Avatar II: $30,000
Robotex Avatar III: $54,000
Lenco Armored Rescue Vehicle (ARV) $160,000
Mobile Command Vehicle (MCV) $211,000
Colt AR-15 (Patrol Rifles) $1,050 (each)
M4 Style Platform Automatic Rifles $2,100 (each)
Compact Heckler Koch Submachine Gun $3,025 (each)
.308 Bolt Action Rifle - Accuracy
International AE & Ammunition
$5,500 (each)
CS Gas Systems
CTS Irritant Munitions 4330 – 40MM CS Liquid
Barricade Projectile: $23.27 (each)
CTS Irritant Munitions 9430 – CS Tear Ball
Grenade: $44.49 (each)
CTS Irritant Munitions 5430 – CS Flameless
Expulsion
Canister Grenade: $42.35 (each)
CTS Irritant Munitions 6230 – CS Canister Grenade:
$27.19 (each)
CTS 40mm Munitions 4530 – 40mm Frangible
Impact- CS Powder: $26.51 (each)
CTS Irritant Munitions 6230 – CS Canister Grenade:
$41.93 (each)
CTS 7290 - Noise Flash Diversionary
Device (NFDD)
$39.58 (each)
Pepperball TAC - SF Launcher $1,900 (each)
LMT Defense 40mm Launcher w/40mm
Kinetic Energy Projectiles
$725 (each)
Equipment Costs

Page 16 ends

This Annual Military Equipment Use Report serves not only to comply with state law and NPD policy, but also to reaffirm our ongoing commitment to transparency and accountability. By providing detailed information to both the community and our elected officials, we aim to foster trust and open communication.

The equipment, training, and resources outlined in this report are essential tools that support our officers in protecting the community while enhancing the safety of both the public and our personnel. NPD firmly believes that the responsible and judicious use of this equipment enables us to provide the highest level of professional, efficient, and effective service, particularly during complex or high-risk incidents that require a thoughtful law enforcement response.

We recognize that public safety is a shared responsibility between the police and the community.

With that understanding, we remain committed to serving with integrity and to safeguarding our community from the potential harm caused by the actions of a few.

NPD takes great pride in our mission of delivering professional public safety services in partnership with our community.

Published with permission by Newark Police Department
Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the city of Newark Police Department.
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Newark Police Department
Military Equipment - 2
709.2 POLICY
It is the policy of the Newark Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

Items deemed to be "military equipment" by Government Code § 7070 (c) are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety.

The Newark Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Newark Police Department does not participate in the Law Enforcement Support Officer (LESO) 10-33 program. The department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Newark Police Department to acquire and use equipment designed to enhance law enforcement's ability to ensure public safety and welfare. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment as defined by Government Code § 7070 (c) in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Newark Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting on the department's website at least thirty (30) days prior to any public hearing concerning the military equipment at issue.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website for as long as the equipment is made for use (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Published with permission by Newark Police Department
Military Equipment - 3
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment Inventory.pdf
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with the policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction, or otherwise engage in law enforcement operations within Newark shall comply with their respective military equipment use policies when rendering assistance. 709.7 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/or use military equipment that is not included in the military equipment inventory section of this policy.

Published with permission by Newark Police Department
Military Equipment - 4
In accordance with this section, if the department borrows, and/or uses military equipment in exigent circumstances, it must take all of the following actions. • Make all efforts to provide written notice of the use to the City Council within fourteen (14) days, but in no event more than 30 days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.
• If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within 90days following the borrowing and / or use, and receive approval for continued use. • Include the equipment in the department's next annual military equipment report. • Department members are required to adhere to the Department's Military Equipment Procedure and all policies and procedures outlined within the Newark Police Department's Policy and Procedures Manual, regardless of jurisdiction. 709.8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.9 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.10 REVISIONS
Revised: December 18, 2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWARK

APPROVING AND RE-ADOPTING A MILITARY EQUIPMENT USE POLICY AS STATED IN CHAPTER 2.50 “MILITARY EQUIPMENT USE POLICY” TO TITLE 2. “ADMINISTRATION AND PERSONNEL” OF THE NEWARK MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and
WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c); and
WHEREAS, the Newark Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy.

The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code Section 7071 subdivision (d); and
WHEREAS, on June 9, 2022, the City Council adopted Ordinance No. 536 approving and adopting a military equipment use policy identified as Newark Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s use of military equipment as defined in said law and upon a finding of the specified determinations required under Government Code section 7071(d); and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071(d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to open meeting laws; and WHEREAS, the City Council most recently approved and reaffirmed the Newark Police Department’s Policy (identified as Newark Police Department Policy 709) on July 25, 2024, (Ordinance No. 541), finding it met the requirements under AB 481 and re-adopting the military equipment use policy as stated in Chapter 2.50 “Military Equipment Use Policy”; and WHEREAS, the Newark Police Department’s 2024 Annual Military Equipment Use Report was posted on the department’s website on August 5, 2025, and within thirty (30) days thereafter a well-publicized public meeting concerning the renewal of the military equipment at issue was held on August 13, 2025, in compliance with Government Code Section 7072 (b); and
WHEREAS, the Newark Police Department seeks renewal of Policy 709; and WHEREAS, the City Council of the City of Newark, having received the information required under Assembly Bill 481 regarding the Newark Police Department’s renewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Newark Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Newark Police Department Policy 709.

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

SECTION 1. Recitals.

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

SECTION 2. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Newark Police Department’s Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Newark Police Department’s Military Equipment Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Newark Police Department’s Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Newark Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Newark Police Department’s Military Equipment Use Policy, Policy 709, setting forth the City’s military equipment use policy is approved and renewed.

SECTION 3. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. CEQA.

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

SECTION 5. Publication and effective date.

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

ORDINANCE NO. 549

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND RE -ADOPTING A MILITARY
EQUIPMENT USE POLICY AS STATED IN CHAPTER 2. 50
MILITARY EQUIPMENT USE POLICY" TO TITLE 2.

ADMINISTRATION AND PERSONNEL" OF THE NEWARK

MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL
481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a " military equipment" use policy, at a regular meeting held pursuant to
open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term " military equipment" is defined in California Government Code section 7070 subdivision ( c); and
WHEREAS, the Newark Police Department is in possession of certain items of equipment that may qualify as " military equipment" under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy. The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department' suse of such equipment; and WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations specified in Government Code Section 7071 subdivision ( d); and
WHEREAS, on June 9, 2022, the City Council adopted Ordinance No. 536 approving and adopting a military equipment use policy identified as Newark Police Department Policy 709, having received the information required under Assembly Bill 481 regarding the Newark Police Department' s use of military equipment as defined in said law and upon a finding of the specified
determinations required under Government Code section 7071( d); and WHEREAS, Government Code section 7072 provides that a law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use; and
WHEREAS, the law enforcement agency shall also make each annual military equipment report publicly available on its internet website for as long as the military equipment is available for use; and
WHEREAS, the annual military report shall include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use; b. A summary of any complaints or concerns received concerning the military equipment;
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response; d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
e. The quantity possessed for each type of military equipment; f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and WHEREAS, Government Code section 7071( d) provides the governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The proposed military equipment use policy will safeguard the public' swelfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety;
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying Ordinance No. 549 2
military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and
WHEREAS, if the governing body determines that a
type of military equipment identified
in that annual military equipment report has not complied with the standards for approval set forth above, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance; and
WHEREAS, the governing body shall review any ordinance that it has adopted approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a
regular meeting held pursuant to open meeting laws; and WHEREAS, the City Council most recently approved and reaffirmed the Newark Police Department' sPolicy ( identified as Newark Police Department Policy 709) on May 25, 2023, Ordinance No. 541), finding it met the requirements under AB 481 and re -adopting the military equipment use policy as stated in Chapter 2. 50 "Military Equipment Use Policy"; and WHEREAS, the Newark Police Department' s 2023 annual military equipment report was posted on the department' sinternet website onApril 9, 2024, and within thirty ( 30) days thereafter a well -publicized public meeting concerning the renewal of the military equipment at issue was held on April 16, 2024, in compliance with Government Code Section 7072 ( b); and WHEREAS, the Newark Police Department seeks renewal of Policy 709; and WHEREAS, the City Council of the City of Newark, having received the information required under Assembly Bill 481 regarding the Newark Police Department' srenewed use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7070, et. seq., deems it to be in the best interest of the City to approve and renew the Newark Police Department' s Military Equipment Funding, Acquisition and Use Policy as set forth in the policy identified as Newark Police Department Policy 709.

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

SECTION 1. Recitals.

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

SECTION 2. Deteuuinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision d).

Ordinance No. 549 3

2. The Newark Police Department' sMilitary Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Newark Police Department' sMilitary Equipment Use Policy will safeguard the public' swelfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Newark Police Department' sMilitary Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Newark Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or ifprior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

6. The Newark Police Department' sMilitary Equipment Use Policy, Policy 709, setting forth the City' smilitary equipment use policy is approved and renewed.

SECTION 3. Severability.

SECTION 4. CEQA.

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

SECTION 5. Publication and effective date.

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

Ordinance No. 549 4
The foregoing ordinance was introduced and read before the City Council of the City of Newark by Mayor Hannon at the regular meeting of the City Council of the City of Newark held on June 27, 2024.

This ordinance was read at the regular meeting of the City Council held July 25, 2024.

Council Member Jorgens moved that it be adopted and passed, which motion was duly seconded, and said ordinance was passed and adopted.

AYES: Council Members Apodaca, Jorgens, and Mayor Hannon NOES: None
ABSENT: Council Members Collazo and Freitas
SECONDED: Council Member Apodaca
APPROVED:
2/' 41

MICH ELKHANNON
Mayor
ATTEST:

L, 6 k

SHEILA HARRINGTOIN
City Clerk
APPROVED AS TO FORM:
a\ c,
KRISTOPHER J. KOKOTAYLO
City Attorney
Ordinance No. 549 5
Policy
709
Newark Police Department
Newark PD Policy Manual
Military Equipment
709. 1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the city of Newark Police Department.
709. 1.DEFINITIONS
Definitions related to this policy include ( Government Code § 7070):

Governing body — The elected or appointed body that oversees the Department.

Military equipment — Includes but is not limited to the following:

Unmanned, remotely piloted, powered aerial or ground vehicles.

Mine -resistant ambush -protected ( MRAP) vehicles or armored personnel carriers, excluding police versions of standard consumer vehicles.

High mobility multipurpose wheeled vehicles ( HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all -terrain vehicles ( ATVs) and motorized dirt bikes.

Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram.

Firearms and ammunition of . 50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition.

Specialized firearms and ammunition of less than . 50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms.

Any firearm or firearm accessory that is designed to launch explosive projectiles.

Noise -flash diversionary devices and explosive breaching tools.

Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.

TASER® Shockwave, microwave weapons, water cannons, and long- range acoustic devices ( LRADs).

Kinetic energy weapons and munitions.

Published with permission by Newark Police Department
Military Equipment - 546
Newark Police Department
Newark PD Policy Manual
Newark PD Policy Manual
Military Equipment
Any other equipment as determined by a governing body or a state agency to require additional oversight.
709. 2 POLICY
It is the policy of the Newark Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

Items deemed to be " military equipment" by Government Code § 7070 ( c) are used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used by law enforcement agencies to enhance citizen and officer safety.

The Newark Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Newark Police Department does not participate in the Law Enforcement Support Officer ( LESO) 10- 33 program. The department does not currently receive or utilize surplus military equipment from the Federal government. It is the policy of the Newark Police Department to acquire and use equipment designed to enhance law enforcement' s
ability to ensure public safety and welfare.
709. 3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a) Acting as liaison to the governing body for matters related to the requirements of this policy.
b) Identifying department equipment that qualifies as military equipment as defined by Government Code § 7070 ( c) in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Newark Police Department (Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting on the department' s website at least thirty
30) days prior to any public hearing concerning the military equipment at issue.

2. Preparing for public questions regarding the department' sfunding, acquisition, and use of equipment.

Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website for as long as the equipment is made for use ( Government Code § 7072). f)
Copyright Lexipol, LLC 2023/ 04/ 27, All Rights Reserved.

Published with permission by Newark Police Department
Military Equipment - 547
f)
g)
Newark Police Department
Newark PD Policy Manual
Newark PD Policy Manual
Military Equipment
g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709. 4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment Inventory. pdf
709. 5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue ( Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following ( Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

Acquiring military equipment through any means not provided above. 709. 6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

Published with permission by Newark Police Department
Military Equipment - 548
Newark Police Department
Newark PD Policy Manual
Newark PD Policy Manual
Military Equipment
709. USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or designee, the department may acquire, borrow and/ or use military equipment that is not included in the military equipment inventory section of this policy.

In accordance with this section, if the department borrows, and/ or uses military equipment in exigent circumstances, it must take all of the following actions.

Make all efforts to provide written notice of the use to the City Council within fourteen 14) days, but in no event more than thirty ( 30) days following commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law.

If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended military equipment policy to the City Council within ninety (90) days following the borrowing and / or use, and receive approval for continued use.

Include the equipment in the department' s next annual military equipment report.

Department members are required to adhere to the Department' sMilitary Equipment Procedure and all policies and procedures outlined within the Newark Police Department' sPolicy and Procedures Manual, regardless of jurisdiction. 709. 8 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use ( Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709. 9 COMMUNITY ENGAGEMENT
Within thirty ( 30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Published with permission by Newark Police Department
Military Equipment - 549
Presented by:

Acting Lieutenant Yama Homayoun
2024 Annual Military
Equipment Use Report
Thursday, September 11, 2025
Newark Police Department
1 Presentation Overview
2024 Annual Military Equipment Use Report
• Assembly Bill 481
• Timeline
• Military Equipment
• Council Obligations
• Recommendation
2 Assembly Bill 481
2024 Annual Military Equipment Use Report
Assembly Bill 481, signed into law on September 30, 2021, and effective January 01, 2022, requires law enforcement agencies to obtain City Council approval by ordinance before acquiring or using military equipment. The proposed Military Equipment Use Policy must be presented at a regular, open Council meeting and approved only if it meets standards for community safety, civil liberties, and necessity. The ordinance is subject to annual review based on a publicly available Annual Military Equipment Use Report, allowing the Council to renew, modify, or disapprove items as needed. To ensure transparency, the policy and annual report must be posted online, with the proposed policy published at least 30 days prior to Council consideration for public review and input. 3 Timeline
2024 Annual Military Equipment Use Report
AB 481
requires City
to adopt
policy via
ordinance
Our policy
was adopted
by City
Council
Annual
Military
Equipment
Use Report
was
published on
NPD’s
website
Military
Equipment
Display
hosted by
NPD
January 01, 2022 July 25, 2024 August 05, 2025 August 13, 2025 4 Military Equipment
2024 Annual Military Equipment Use Report
Military Equipment is defined broadly to include items such as unmanned aerial systems (drones), armored vehicles, command and control vehicles, specialized firearms and ammunition, less-lethal launchers and projectiles, noise flash diversionary devices, breaching tools, and any other equipment designated by law as military in nature. The definition is not limited to weapons but also covers vehicles, gear, and munitions that are typically associated with military use and may impact community safety and civil liberties if deployed by law enforcement. 5 Council Obligations
2024 Annual Military Equipment Use Report
Ensure
equipment is
necessary
Ensure
equipment is
cost
effective
Review
policy
annually
Ensure
equipment
safeguards
welfare,
safety, civil
rights, and
liberties
Annually
vote on
renewal
6 Recommendation
2024 Annual Military Equipment Use Report
Conduct a public hearing, waive full reading and introduce an Ordinance Approving and Re-Adopting a Military Equipment Use Policy as stated in Chapter

2.50, “Military Equipment Use Policy,” of the Newark Municipal Code. 7 Item F. 1.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Nicholas Cuevas, Recreation and Community Services Director SUBJECT Adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Social Change Partners, LLC (SCP) for the development of a Citywide Five-Year Homelessness Action Plan and approving an amendment of the 2024–2026 Biennial Budget and Capital Improvement Plan.

SUMMARY AND RECOMMENDATION
Development of Newark’s first Citywide Five-Year Homelessness Action Plan (“Plan”) will provide a coordinated, long-term approach to reducing and preventing homelessness while strengthening physical health, mental health, and social service support for unhoused residents. Staff issued a Request for Proposals (RFP) to retain a qualified consultant, evaluated the proposals received, and recommends that City Council (1) authorize the City Manager to execute a Consulting Services Agreement with Social Change Partners, LLC in an amount not to exceed $89,850 for the development of the Plan; and (2) approve an amendment to the 2024–2026 Biennial Budget and Capital Improvement Plan to appropriate $89,850.00 from the Development Maintenance Fee Fund (625) to the Citywide Five-Year Homelessness Action Plan.

BACKGROUND
The City of Newark, like many communities across the Bay Area, has experienced growing challenges related to homelessness over the past decade. While Newark’s homeless count remains small compared to the countywide total (76 individuals, or less than 1% of Alameda County’s 9,450 individuals counted in 2024), regional housing costs and limited shelter capacity continue to create new and complex service needs.

Current efforts are managed through existing City staff capacity and partnerships with nonprofit service providers and Alameda County agencies. These efforts are primarily reactive and program-specific, rather than guided by a comprehensive, long-term strategy with measurable outcomes and broad community input.

The Five-Year Homelessness Action Plan will provide a strategic framework for preventing and reducing homelessness, identifying service gaps, setting measurable goals, and guiding targeted investments. It will also evaluate the City’s financial, staffing, and partnership resources to ensure a coordinated and sustainable approach.

The need for a formalized strategy became increasingly apparent during recent interdepartmental coordination efforts, public feedback, and regional homelessness discussions. The plan will be built on an empowerment approach, incorporate best practices, and align with the County’s Everyone Home Strategic Plan, along with other regional frameworks. This ensures Newark’s strategy not only addresses local needs but also connects with regional efforts already underway. The plan will also reinforce Newark’s 2023–2031 Housing Element, positioning the City to more effectively pursue county, state, and federal grant funding to support its goals. Ultimately, this effort strengthens Newark’s ability to advance affordable housing and homelessness initiatives in a way that is both practical and sustainable, ensuring long-term impact for the community.

DISCUSSION/ANALYSIS
In July 2025, staff issued a Request for Proposals for consultant services to develop the City’s first Five-Year Homelessness Action Plan. The City received seven (7) proposals by the submittal deadline from the following firms:

View Community Advisors in partnership with Partners for Community Impact TPMA
Thurmond Consulting, LLC
Social Change Partners, LLC
MGT Impact Solutions, LLC
LeSar Development Consultants
ECOnorthwest
After evaluating the proposals, staff from the City Manager’s Office, Recreation and Community Services Department, Police Department, and Community Development Department reviewed qualifications, cost, and interview performance. Social Change Partners was selected as the most competitive and responsive firm, offering the lowest bid while demonstrating strong value to the City. Their proposal highlighted relevant experience with cities of similar size, meaningful engagement with individuals who have lived experience, and alignment with Alameda County’s Home Together initiative. Other proposals range in cost from $93,747 to $492,870.

As part of the scope of work, Social Change Partners will:

Conduct an assessment of Newark’s existing homelessness response system, including available resources, service capacity, demographic trends, and persistent challenges.

Engage stakeholders through interviews, community workshops, and public meetings to gather input, with a focus on equity and disproportionately impacted racial groups.

Develop a draft plan that synthesizes assessment findings and community feedback, and includes measurable goals, strategies, timelines, and a data strategy to track implementation.

Finalize the Plan, incorporating all feedback, provide an implementation phasing schedule, define metrics for success, and present the final document to the City Council for approval.

This approach will ensure the Plan is data-driven, actionable, and tailored to Newark’s unique needs.

FISCAL IMPACT
The cost of the Consulting Services Agreement with Social Change Partners, LLC is $89,850. The proposed Plan aligns with Newark’s 2023–2031 Housing Element and is consistent with broader General Plan objectives related to public health, equity, and community resilience. As such, the Plan qualifies as an eligible planning expense under the Development Maintenance Fee Fund (Fund 625), which supports studies and initiatives that advance General Plan implementation.

A budget amendment to the 2024–2026 Biennial Budget is required to appropriate $89,850 from Fund 625 to the Recreation, Human Services and Resource Center Division. Should the Plan include recommendations requiring additional funding, staff will return to City Council at a future date to seek separate appropriation approval.

REVIEW AND APPROVAL
Prepared by - Nick Cuevas, Recreation & Community Services 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 Social Change Partners
Social Change Partners CSA
Social Change Partners Presentation
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTING SERVICES AGREEMENT WITH
SOCIAL CHANGE PARTNERS, LLC. FOR HOMELESSNESS

ACTION PLANNING AND AUTHORIZING AN AMENDMENT
OF THE 2024-2026 BIENNIAL BUDGET AND CAPITAL

IMPROVEMENT PLAN
WHEREAS, development of a Citywide Five-Year Homelessness Action Plan, “The Plan”, will provide a coordinated, long-term approach to reducing and preventing homelessness while strengthening physical health, mental health, and social service support for unhoused residents; and WHEREAS, staff issued a Request for Proposal (RFP) for consultant services for the Project; and WHEREAS, the City received seven (7) responsive submittals to the RFP; and WHEREAS, based on staff’s evaluation, Social Change Partners, LLC was determined to be the most qualified consultant for the Project; and
WHEREAS, Social Change Partners, LLC, costs associated with the Project are not-to-exceed $89,850; and
WHEREAS, staff recommends that the City Council amend the 2024-2026 Biennial Budget and Capital Improvement Plan appropriating an additional $89,850 from the Development Maintenance Fee Fund (625) to the Plan.

NOW THEREFORE, BE IT RESOLVED that the City Council herby authorizes the City Manager to execute a Consulting Services Agreement with Social Change Partners, LLC, in an amount not to exceed $89,850, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby approves an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan by appropriating $89,850 as follows:

FROM:

Description Account Amount
Development Maintenance Fee Fund Balance 625.3000 $89,850 TO:

Description Account Amount
Consultant/Professional Services 625.70.077.771.6220 $89,850 BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to effectuate the intent of this Resolution.

Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 1 of 14 City of Newark
Recreation and Community Services Department
6800 Mowry Avenue
Newark, CA 94560

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
AND

SOCIAL CHANGE PARTNERS, LLC
FOR DEVELOPMENT OF NEWARK’S FIVE-YEAR ACTION PLAN
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and Social Change Partners, LLC a Limited Liability Company, with offices located at 1450 Taylor Street Apt 5. San Francisco, CA 94133, (“Consultant”), (together referred to as the “Parties”) as of September 11th, 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 6/30/2027, 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.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel 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.

Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 2 of 14 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Eighty-nine thousand eight hundred dollars ($89,850.00) 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 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;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 3 of 14 • 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.

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.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

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. 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 are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B 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 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.

Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 4 of 14

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.

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, longdistance 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
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 5 of 14 Liability on an “occurrence”
basis
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$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
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
$1,000,000 per occurrence
$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 Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 6 of 14 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. 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 claims-made 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 Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 7 of 14 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 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, 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 Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 8 of 14 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.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

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.

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7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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 Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 10 of 14 Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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 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 Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 11 of 14 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 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.

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 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.

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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 Nick Cuevas, Recreation & Community Services Director ("Contract Administrator"). 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:

Reed Connell, MSW,
Managing Partner
Social Change Partners, LLC
1450 Taylor Street Apt 5
San Francisco, CA 94133
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 13 of 14 All other written notices to City shall be sent to:

Nick Cuevas Kristopher J. Kokotaylo,
Recreation & Community Services Director City Attorney
City of Newark City of Newark
6800 Mowry Avenue 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.

N/A
_________________________________________
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 and B represent 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
Exhibit B Cost Proposal
Exhibit C RFP City of Newark Five-Year Homelessness Action Plan

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.

SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC Page 14 of 14 The Parties have executed this Agreement as of the Effective Date.

CITY OF NEWARK SOCIAL CHANGE PARTNERS, LLC
____________________________ ____________________________

DAVID BENOUN, REED CONNELL, MSW
CITY MANAGER TITLE: MANAGING PARTNER
ATTEST:
____________________________

KATHY SLAFTER,

DEPUTY CITY CLERK
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
5638310.1
Version 3.2.21
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC

EXHIBIT A

SCOPE OF SERVICES

SOCIAL CHANGE PARTNERS, LLC, HAS BEEN SELECTED TO PROVIDE SERVICES OUTLINED IN THE RFP SECTION 3- SCOPE OF SERVICES FOR THE DEVELOPMENT OF THE CITY OF NEWARK’S FIVE-YEAR HOMELESSNESS ACTION PLAN. RFP ATTACHED AS EXHIBIT C.

The Social Change Partners, LLC is expected to provide the following services:

The City is seeking a consultant or a team of consultants (Consultant) to prepare a five-year Homelessness Action Plan (HAP) to reduce and prevent homelessness in our city and strengthen the physical health, mental health, and social service support for our unhoused residents. The final plan should:
• Develop measurable goals and strategies with clear timelines. • Address equity issues and ensure that programs and services are viewed through an equity lens.
• Engage and empower the community to be part of the solution. • Develop a shared vision interdepartmentally and citywide.

Building consensus and buy-in among the community, homeless service providers, various City departments, and other key stakeholders will be critical to the success of this plan. The HAP should also include the participation and input of individuals with lived experience.

HAP Considerations
The City intends to model the plan on an empowerment approach, include best practices, and align it with the EveryOne Home Strategic plan and other relevant Alameda County frameworks and plans. The Consultant should plan to engage with key stakeholders, including individuals with lived experience and providers of homeless services, as well as elected and appointed governing bodies.

The HAP must:
• Use a racial equity analysis. An equity approach is necessary to end homelessness because of the racial disparities in the homeless population.
• Be ambitious in its vision and articulate the resources and partnerships it would require to do this;
• Include the mission, goals, objectives, and specific strategies/action steps that will guide the community for the next five years;
• Provide an analysis of current strategies, challenges, proposed actions, and desired outcomes;
• Use data and evidence-based practices to inform understanding of need, gaps, and impactful strategies to further existing levels of local engagement and knowledge; • Move the system toward adopting a Housing First and trauma-informed care approach with a housing focus;
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC
• Encourage and include the participation of individuals with lived experience, homeless services providers, and other community stakeholders;
• Include recommendations for how existing resources can be maximized, streamlined, and targeted, as well as identify any additional resources necessary; • Provide recommendations for leveraging resources from various sectors, including external untapped resources;
• Offer practical and implementable strategies and approaches to improve Newark’s response to homelessness (including homeless services, homeless system functioning, mainstream services, and affordable housing) in phases;
• Estimate the cost of the proposed strategies and approach and help identify appropriate resources for each strategy and phase;
• Align with the reporting requirements for the U.S. Department of Housing and Urban Development’s Consolidated Annual Performance Evaluation Report. Newark is a member of the County of Alameda’s Urban County for CDBG and HOME programs. • Provide a framework for ongoing performance measurement to continually inform implementation and new strategies/investment; and
• Include the approaches Newark will take to monitor its progress on achieving the goals outlined in the HAP.

City staff recognize that a plan to reduce homelessness is ambitious in nature, particularly given that Newark is not a direct service provider and that homelessness is a regional crisis and will require regional collaboration. In preparing this plan, the Consultant must include a robust discussion of these unique challenges and be realistic about the resources it would take to reduce homelessness in the City of Newark.

Task Outline:

The following outline provides a draft schedule of services and deliverables.

Task 1: Conduct an Assessment of the Existing System and Services • Review previous plans and background materials.
• Analyze capacity, available resources, and demographic trends, including racial disparities, of the City of Newark’s homeless population.
• Initial discussion of persistent challenges and emerging opportunities for critical investment.

Deliverables:
• Workplan: The Consultant will develop a workplan with input from the City outlining the activities to be undertaken throughout the planning process.

Task 2: Stakeholder Engagement/ Input
• The Consultant shall engage with a broad cross-section of community stakeholders for input about persistent challenges and emerging opportunities for addressing homelessness in their communities. Efforts should be made toward identifying and engaging disproportionally impacted racial groups. The Consultant will lead in-person and/or virtual community engagement sessions, as appropriate, (estimated 10-15 stakeholder interviews and two community work sessions) in English and Spanish.
• The Consultant will also hold an internal interdepartmental City staff meeting, and a City Consulting Services Agreement between
City of Newark and Social Change Partners, LLC
Council work session. Community engagement session participants will be invited to the work session.
• The Consultant shall develop the agendas, discussion questions, and other materials/graphics necessary for the community engagement sessions and joint work sessions, with input from the City.

Task 3: Synthesis and Draft Plan Development
• Prepare a draft plan based on the assessment, community engagement sessions, City staff meetings, and joint work sessions for community review and input. Staff will work with stakeholders and community work session participants to invite input on the draft plan, and the Consultant will synthesize and incorporate feedback.

Deliverables:
• Draft plan: The Consultant shall produce a Draft Plan, inclusive of recommendations based on the work in Tasks 1 and 2. Staff will work with internal and external stakeholders and community work session participants to invite input on the Draft Plan, and the Consultant will synthesize and incorporate feedback.
• Data Strategy: As a component of the Draft Plan, the Consultant shall produce a Data Strategy for collecting and governing interdepartmental data assets concerning homelessness to assist the City in making data-informed decisions, monitor HAP implementation, and coordinate with other homelessness agencies. • Presentations: The Consultant will develop presentation materials and reports for public meetings.

Task 4: Finalize the Plan and Plan Approval
• Deliver a Final Plan incorporating internal and external stakeholder input to the Draft Plan. • Prepare proposed phasing plan/schedule. The Final Plan should include timelines for implementing the identified strategies. The Final Plan should contain clearly articulated metrics of success, including any new data collection methods that may need to be implemented.
• Format plan with graphic design
Deliverables:
• Final Plan: The Consultant shall produce and present the Final Plan (in PDF and editable formats), formatted with graphic design, to the Newark City Council for approval and publication. The Consultant should be prepared to make minor revisions based on any final feedback received from the City Council.
• Presentations: The Consultant shall assist in developing presentations and presenting to the Newark City Council (as needed)
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC

EXHIBIT B

COMPENSATION SCHEDULE
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC
Consulting Services Agreement between
City of Newark and Social Change Partners, LLC

EXHIBIT C

RFP CITY OF NEWARK FIVE-YEAR HOMELESSNESS ACTION PLAN
RFP located on next page
1 REQUEST FOR PROPOSALS
For
THE DEVELOPMENT OF THE CITY OF NEWARK’S FIVEYEAR HOMELESSNESS ACTION PLAN Issue Date: Monday, June 2, 2025
SUBMITTALS MUST BE RECEIVED BY:

Friday, July 11, 2025, at 5:00 PM
City of Newark
Recreation & Community Services Department
6800 Mowry Avenue
Newark, CA 94560
Point of Contact:

Edda Rivera
Administrative Assistant
(510) 578-4346
[email protected]
2 REQUEST FOR PROPOSALS (RFP)
DEVELOPMENT OF THE CITY OF NEWARK’S FIVE-YEAR HOMELESSNESS

ACTION PLAN

1. INTRODUCTION
The City of Newark (“the City”) is seeking responses from qualified firms (Respondents) for the development of the City’s first five-year Homelessness Action Plan.

The City of Newark is a growing, vibrant, multicultural city with a high quality of life, 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 community character by implementing policies and programs that provide all residents access to housing that meets the full range of household and community needs.

Newark is located in Southern Alameda County at the east end of the Dumbarton Bridge, 30 miles south of Oakland and 15 miles north of San Jose. It was incorporated as a General Law City in 1955 and has a Council/Manager form of government. Newark’s population is approximately 50,000, and its encompassed area is approximately 13 square miles.

Homelessness in Newark:

The City regularly participates in the biennial Alameda County Point in Time (PIT) count.

Newark’s homelessness population, as determined by the PIT process, has fluctuated over the years:
• 2017: 42 Sheltered; 28 Unsheltered; Total 70
• 2019: 30 Sheltered; 59 Unsheltered; Total 89
• 2022: 32 Sheltered; 26 Unsheltered; Total 58
• 2024: 36 Sheltered; 37 Unsheltered; Total 73
Primary causes of homelessness in Alameda County have been identified as job loss, mental health issues, substance use, evictions, foreclosures, and incarceration, as well as more significant structural issues such as increasing rents and lack of affordable housing.

In 2022, the City prepared a policy study, “Evaluation of the Need for a Local Affordable Housing Live/Work Preference Given Displacement Risks” (the “Displacement Study”). Key findings from the Displacement Study related to homelessness were:
• According to data from the California Department of Education, about five percent of students in the Newark Unified School District (NUSD) experienced homelessness during the 2021-22 school year (251 students), which is a significantly higher proportion of students compared to the one percent countywide average for all students in public schools. 3 • Notably, about 96 percent of NUSD students who experienced homelessness during the 2021-22 school year were students of color, of which 167 students identified as Hispanic or Latino. While NUSD has only a small number of Pacific Islander students (98 students), about 28 percent experienced homelessness during the 2021-22 school year. • The prevalence of homeless students in NUSD further indicates the housing challenges that Newark families face. Problems of homelessness are intensifying in the City and County, and many service providers spend significant proportions of their budgets on rent assistance and emergency housing assistance for households at risk of eviction or displacement. • From January 2020 through March 2022, Eden I&R’s referral service received 785 service requests from residents or households from Newark in search of housing and homeless support services.
• Housing and homeless support is the most prevalent service request for local callers, representing about 42 percent of all service requests, which is consistent with countywide experience in recent years. Similar to callers countywide, Newark residents are seeking referrals for low-cost rental listings, rental assistance, homeless and emergency shelter, and transitional housing, among other housing needs.
• According to the 2017, 2019, and 2022 PIT surveys, about 80 percent of persons experiencing homelessness were living in Alameda County when they lost their housing.

The 2022 PIT survey results indicate that 41 percent of 29 homeless individuals in the City of Newark consider Newark as their home.
• In the 2022 PIT survey, 26 individuals were enrolled in shelter services in Newark as of February 2022, as the City does not have many shelter options. Most of the sheltered individuals identified as White (58 percent), while about 27 percent identified as Black/African American, 12 percent of multiple races, and 4 percent American Indian/Alaskan Native. Of the sheltered population, about 31 percent identified as Latinx/Hispanic, which includes White and non-White individuals.

Newark’s Efforts to Understand and Addresses Homelessness:

Home Together 2026 Framework:
• In May 2022, the Newark City Council adopted a resolution to endorse the Alameda County Home Together 2026 Implementation Plan (the “Plan”). The Plan is a communitywide Alameda County effort that lays out the goals, strategies, and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through a focused equity-centered approach. By adopting the resolution, the City Council acknowledges that to receive future funding, the City must endorse the Plan and align grants, programs, and services consistent with the Plan framework.

Police Department Survey:
• In addition to the PIT program and the Displacement Study, the City’s Police Department 4 occasionally conducts surveys of the City’s homeless population. These surveys reflect the personal interactions of Police Department staff with the homeless community and often identify specific encampments, the individuals residing at the encampments, and the reasons why the individuals became homeless, as well as the Police Department’s efforts to connect individuals with local services.

Homelessness Committee:
• The City has an internal Homelessness Committee composed of representatives from each City department and division. This committee addresses homelessness-related concerns, including encampments on public rights-of-way, coordinated removal efforts, and resource sharing to support individuals experiencing homelessness.

Homelessness Encampment Submission Form:
• The City offers an online submission form for residents and businesses to report encampments (www.newarkca.gov/homelessness). It details the steps taken upon receiving a report, including available resources for those in need. Reports are routed to the Recreation & Community Services Department for initial review and intake, which includes using GIS systems to verify property ownership and distinguish between public and private property. Once the Newark Police Department has contacted and provided resources, City staff coordinates with the Public Works Department or contractors to remove encampments on the public right-of-way. Encampments on private property or business premises are addressed by the Community Preservation Division of the Community Development Department, while those on highways and railways fall under the jurisdiction of the respective agencies.

Human Services:
• The City provides an online Human Services Resource Directory (www.newarkca.gov/help), offering information on local service providers and resources for those in need. The directory emphasizes connecting individuals with Eden I&R’s 211 referral network for comprehensive support and assistance. • The City collaborates with the City of Fremont to offer services through the Clean Start Mobile Hygiene Unit, which operates in Newark at designated times and is hosted at the Salvation Army in Newark. However, the program has recently faced mechanical issues, rendering the unit temporarily unavailable. Additionally, operating the unit requires a specially licensed City of Fremont staff member. There have been efforts to boost Newark’s site visit attendance when available.
2023-2031 Housing Element:
• In 2023, the City Council adopted the 2023-2031 Housing Element (Housing Element), which was subsequently certified by the State of California’s Department of Housing and Community Development. The Housing Element contains goals, policies, and programs to address the community's access to affordable housing. Concerning homelessness issues, the following goals, policies, and programs were adopted:
5 o GOAL H2: Facilitate the development of more homes for more people. o POLICY H2.8: Support regional homeless initiatives and develop robust and equitable local responses to people experiencing homelessness. o PROGRAM H2.5: Develop a local response to support people experiencing homelessness.
o GOAL H4: Help people stay in their homes and communities. o POLICY H4.3: Sites Acquisition for Affordable Housing. The city will proactively work to identify opportunities for partnering with other local public sector agencies and private landowners to acquire sites for affordable housing, as well as to seek creative ways of partnering with developers to include affordable units in market-rate projects.
o PROGRAM H4.11: Scattered Site Housing for Persons Experiencing Homelessness. Apply for funds to support the acquisition and conversion of singlefamily homes and hotels/motels to supportive shared housing for people experiencing homelessness.
o GOAL H7: Further fair housing throughout the city.
o POLICY H7.3: Address barriers to renting and increase tenant support. Lowincome households and people experiencing homelessness face obstacles that prevent them from accessing housing that is affordable to them.

City Investments:

The City has invested significant funds to address homelessness and promote affordable housing opportunities. Specifically, the City has made the following investments related to homelessness:
• Homekey/Cedar Community Apartments:
o In 2022, the City and our partner Abode Services received a $38.2 million Homekey Grant (Round 2) to convert the Towne Place Suite Hotel to 123 affordable living units for homeless and other vulnerable community members. The city invested an additional $4.5 million from the Affordable Housing Fund and $1.5 million in ARPA funds for the project. As of late 2024, Cedar Community Apartment is considered to be fully leased.
• Newark Resource Center:
o In Fiscal Year 2025, the City committed funds from its Capital Improvement Plan budget and Community Development Block Grant to rehabilitate a city-owned building adjacent to the Viola Blythe Community Service Center at Ash Street Park.

This facility will become Newark’s first Resource Center, with plans to open to the public by summer or early fall 2025. The Newark Resource Center will enhance 6 community outreach and support efforts by providing space for local organizations to offer various social services to our most vulnerable populations. It will also foster collaboration with the Fremont Family Resource Center, which serves the entire Tri-City area and houses over 20+ state, county, and federal agencies. Additionally, the center will work closely with the homeless population to connect them with housing and essential resources.

Local Resources Available:

Newark’s community members have access to local housing and human services, including:
• ECHO Housing provides fair housing services, tenant/landlord counseling, and mediation to Newark residents. Renters who believe they have been discriminated against or who need assistance with a dispute with their landlord can contact ECHO Housing staff for assistance.
• Fremont Family Resource Center (Fremont FRC). The FRC is a resource where families and individuals can access community services. It serves the entire Newark community, as well as Union City and Fremont. The Fremont FRC houses over 20 State, County, City, and non-profit agencies that provide various integrated services. • Fremont Housing Navigation Center. The Fremont Housing Navigation Center provides a clean, safe, calm, and flexible environment that allows people experiencing homelessness to rebuild their lives and intensely focus on finding stable, permanent housing. The center is modeled after the City of Berkeley's successful Housing Navigation (STAIR) Center. o The City directs its Homeless Housing, Assistance, and Prevention (HHAP) Grant Program funding, allocated by the County of Alameda, to the Fremont Housing Navigation Center to support Newark residents experiencing homelessness. The city desires to explore options to keep this funding in Newark for acceptable uses.

2. GENERAL
The selected firm will work under the general direction of the Recreation & Community Services Director to perform services as required. The City’s Recreation and Community Services Department implements human services programs. Its mission is to enrich and strengthen the wellbeing of all community members through recreational programs, community services, and facilities while promoting personal development, healthy lifestyles, community engagement, and inclusiveness.

Respondent selection will be at the sole discretion of the City. The selected Respondent will enter into a Contractual Services Agreement that specifies the billing rates, personnel to be assigned, and other terms.

3. SCOPE OF SERVICES
The selected Respondent is expected to provide the following services:

The City is seeking a consultant or a team of consultants (Consultant) to prepare a five-year Homelessness Action Plan (HAP) to reduce and prevent homelessness in our city and strengthen 7 the physical health, mental health, and social service support for our unhoused residents. The final plan should:
• Develop measurable goals and strategies with clear timelines. • Address equity issues and ensure that programs and services are viewed through an equity lens.
• Engage and empower the community to be part of the solution. • Develop a shared vision interdepartmentally and citywide.

The HAP must:
• Use a racial equity analysis. An equity approach is necessary to end homelessness because of the racial disparities in the homeless population.
• Be ambitious in its vision and articulate the resources and partnerships it would require to do this;
• Include the mission, goals, objectives, and specific strategies/action steps that will guide the community for the next five years;
• Provide an analysis of current strategies, challenges, proposed actions, and desired outcomes;
• Use data and evidence-based practices to inform understanding of need, gaps, and impactful strategies to further existing levels of local engagement and knowledge; • Move the system toward adopting a Housing First and trauma-informed care approach with a housing focus;
• Encourage and include the participation of individuals with lived experience, homeless services providers, and other community stakeholders;
• Include recommendations for how existing resources can be maximized, streamlined, and targeted, as well as identify any additional resources necessary; • Provide recommendations for leveraging resources from various sectors, including external untapped resources;
• Offer practical and implementable strategies and approaches to improve Newark’s response to homelessness (including homeless services, homeless system functioning, mainstream services, and affordable housing) in phases;
• Estimate the cost of the proposed strategies and approach and help identify appropriate resources for each strategy and phase;
• Align with the reporting requirements for the U.S. Department of Housing and Urban Development’s Consolidated Annual Performance Evaluation Report. Newark is a member of the County of Alameda’s Urban County for CDBG and HOME programs. 8 • Provide a framework for ongoing performance measurement to continually inform implementation and new strategies/investment; and
• Include the approaches Newark will take to monitor its progress on achieving the goals outlined in the HAP.

City staff recognize a plan to reduce homelessness is ambitious in nature, particularly given that Newark is not a direct service provider and that homelessness is a regional crisis and will require regional collaboration. In preparing this plan, the Consultant must include a robust discussion of these unique challenges and be realistic about the resources it would take to reduce homelessness in the City of Newark.

Task Outline:

The following outline provides a draft schedule of services and deliverables. Respondents are invited to provide additional services and deliverables.

Deliverables:
• Workplan: The Consultant will develop a workplan with input from the City outlining the activities to be undertaken throughout the planning process.

Task 2: Stakeholder Engagement/ Input
• The Consultant shall engage with a broad cross-section of community stakeholders for input about persistent challenges and emerging opportunities for addressing homelessness in their communities. Efforts should be made toward identifying and engaging disproportionally impacted racial groups. The Consultant will lead in-person and/or virtual community engagement sessions, as appropriate, (estimated 10-15 stakeholder interviews and two community work sessions) in English and Spanish.
• The Consultant will also hold an internal interdepartmental City staff meeting, and a City Council work session. Community engagement session participants will be invited to the work session.
• The Consultant shall develop the agendas, discussion questions, and other materials/graphics necessary for the community engagement sessions and joint work sessions, with input from the City.

Deliverables:
• Communication and Engagement Plan: The Consultant will develop a communication plan to ensure that the process and participation in community engagement sessions are inclusive and transparent for both internal and external stakeholders. • Report and Presentation: The successful application shall make presentations at the community engagement sessions, the City staff meeting, and the joint work session, as well as prepare a draft summary of findings, including any major themes and critical issues. 9 Task 3: Synthesis and Draft Plan Development
• Prepare a draft plan based on the assessment, community engagement sessions, City staff meetings, and joint work sessions for community review and input. Staff will work with stakeholders and community work session participants to invite input on the draft plan, and the Consultant will synthesize and incorporate feedback.

4. PROPOSAL FORMAT AND CONTENT
Proposals are limited to 15 pages maximum and should be clear and concise. Respondents should submit qualifications that address the following:

1. Cover Letter. Describe your firm or team’s interest and commitment to supporting the City with development of a five-year homeless action plan. The letter shall be signed by a person authorized to negotiate a contract with the City.

2. Project Description. A description of your understanding of the overall project, including a proposed schedule for completing Item 3. Scope of Services. 10 3. Approach to Project. Describe the manner and methods you will use to manage and facilitate the work. This should include a discussion of how each of the separate tasks will be approached, the individual primarily responsible for each task, and the expected number of hours allocated to each task.

4. Scope of Work. Provide a scope of work that responds to the scope identified in Section 3 of this RFP. If you suggest changes to the scope of work, provide the rationale. You may propose additional tasks, but they must be optional and budgeted separately.

5. Respondent Description of Qualifications. For your firm (and any subconsultants) provide:
a. Firm qualifications and résumé(s) of participating individual(s); and b. A description of your experience working with vulnerable populations and those experiencing or at-risk of homelessness.

6. Cost. Provide a cost proposal for the overall effort. Include the basis and assumptions made for estimated costs. Include hourly rates for each task and each staff person assigned to that task, your hourly rates for this project, and the total number of hours. Indicate the subtotaled cost for each task to be performed by your firm and by any sub-consultants, and the total cost for your work effort.

7. References. Please provide a list of three references for projects of similar scope completed by your firm.

8. City’s Standard Contractual Services Agreement. A sample of the City’s Standard Contractual Services Agreement (Agreement), including insurance requirements, is provided in Attachment A. If the interested firm would like to request amendments or exceptions to the Agreement and/or insurance requirements, these shall be specifically noted in the proposal. Otherwise, confirm your firm’s ability to meet the City’s Standard Contractual Services Agreement and insurance requirements. Requested amendments and exceptions will be taken into consideration in evaluating the proposal. Requests for amendments and/or exceptions to the Agreement will not be considered if not included in the submitted proposal.

5. SELECTION CRITERIA AND SELECTION PROCESS WITH ESTIMATED DATES Proposals will be reviewed by City staff. The qualifications of the top candidates will be verified, and references will be checked. In reviewing proposals, the City will carefully weigh:
 Respondent’s understanding of the City’s desires and general approach to completing the work
 Respondent’s experience with contracts of similar scope, complexity, and magnitude  Qualifications of the staff being assigned to this project  Demonstrated ability of the Respondent to perform high-quality work, control costs, and meet time schedules
11  Satisfaction of previous clients
 Ability to work effectively with City staff
 Proposed rate schedule and total cost
The City retains sole discretion to evaluate proposals and may make an award to the Respondent the City deems to have the most responsive proposal. Receipt of proposals in response to this RFP does not obligate the City in any way to engage any Respondent and the City reserves the right to reject any or all proposals, wholly or in part, at any time, without penalty. The City reserves the right to interview zero, one, or any number of Respondents. The City shall retain the right to abandon the proposal process at any time before the actual execution of a contract with a Respondent, and the City shall bear no financial or other responsibility in the event of such abandonment. The City reserves the right to negotiate all final terms and conditions of any agreements entered into. The City’s target dates are as follows:

Release of RFP: Monday, June 2, 2025
Deadline for Questions: Monday, June 16, 2025
Responses to Questions/RFP addendum: Friday, June 27, 2025 Proposal due: Friday, July 11, 2025, 5 p.m.

Interviews (if requested by City) Week of July 28, 2025 Respondents notified of selection: Week of August 4, 2025 Services Agreement scheduled for Council approval: Thursday, September 11, 2025

6. SUBMITTAL GUIDELINES
Firms shall email an electronic pdf file of the proposal with the Subject “City of Newark – Homelessness Action Plan Proposal - [Name of Firm]” to Edda Rivera at [email protected]. The email submittal should be less than 10 MB. Proposals must be received by 5:00 p.m. on Friday, July 11, 2025. Send a separate email without the proposal attached to notify the City of your submittal. You will receive a response confirming the receipt of your submittal. If you do not receive confirmation of receipt within 24 hours, contact Edda Rivera at [email protected] or (510) 578-4346.

Any changes made by the City to the requirements in this RFP will be made by written addenda posted to the City’s website at http://www.newark.org/departments/public-works/bid-openingsand- rfp-s. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

The City reserves the right to reject any and all proposals and to waive any minor informalities, irregularities, and/or non-responsiveness that does not influence the competitive nature of the proposal, to request additional information concerning any statement for purposes of clarification, to accept or negotiate any modification to any statement following the deadline for receipt of all statements, and to waive any irregularities if such would serve the best interests of the City.

All inquiries regarding the RFP should be directed to Edda Rivera, Administrative Assistant, by 12 telephone at (510) 578-4346 or, preferably, by email at [email protected].

Additional Submittal Information
The City assumes no responsibility for failure or delays in delivery caused by electronic delivery service (e-mail). All interested firms are advised that the City limits receipt of e-mail attachments to approximately 50MB. Every attempt will be made to send a confirmation e-mail to firms responding to this RFP; however, it may not be possible for City staff to respond in a timely manner to e-mails sent just prior to the stated deadline.

All costs incurred during proposal preparation or in any way associated with the Respondent’s preparations, submission, presentation, or oral interview, if held, shall be the sole responsibility of the Respondent.

If awarded a contract, the Consultant shall maintain insurance coverage, including errors and omissions and worker’s compensation, reflecting the minimum amounts and conditions specified by the City as outlined in the attached Contractual Services Agreement. Respondents are liable for all errors or omissions contained in their proposal. By submitting a proposal, Respondents represent that they: (1) have thoroughly examined and become familiar with the Work required under this RFP; (2) comprehend all conditions that may impact the requested scope of services; (3) have reviewed all addenda, if any; and (4) are capable of providing the equipment, goods and services necessary to perform the requested scope of services and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the firm’s own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a firm to have read all of the conditions and instructions of the RFP and/or the Agreement shall not be cause to alter any term of the Agreement nor shall such failure provide valid grounds for a firm to withdraw its proposal or to seek additional compensation.

Additionally, if awarded a contract, the Consultant shall always maintain a valid City of Newark business license during the performance of work under the contract.

All Statements of Qualifications and rates set forth therein shall be deemed to include applicable taxes. Interested firms shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses or permits shall be the responsibility of the selected firm(s). The selected firm(s) is liable for any and all taxes due as a result of the agreement.
13 Attachment A

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF NEWARK AND
[NAME OF CONSULTANT] FOR [SERVICES]
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
AND
[NAME OF CONSULTANT]
FOR [SERVICES]
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and , a (corporation / limited liability company / sole proprietor), with offices located at , (“Consultant”), (together referred to as the “Parties”) as of , 20 (the “Effective Date”).

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on , 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, asreferenced in Section

8. [INCLUDE IF TERM WILL OVERLAP FISCAL YEARS: 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 servicesrequired 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.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed [Spell out amount] , ($ ) 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, Consulting Services Agreement between
City of Newark and [Name of Company] Page 2 of 14
attached 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.

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;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
• 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.

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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.

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.

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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.

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.

Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of thissection 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
Genera
l Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability;
Personal Injury and
Advertising Liability
$2,000,000 per occurrence;
Bodily Injury and Property
Damage
$4,000,000 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
Genera
l Liability on an
“occurrence” basis
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B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive
uses. Personal Automobile
Liability is acceptable for
individual contractors
with no
transportation or hauling
related activities
$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 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 occurrence
$4,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim
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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’sinsurance and shall not contribute with it.
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.

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iii. If coverage is canceled or not renewed and it is not replaced with another claims-made 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 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.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

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.

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 Consulting Services Agreement between
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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.

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.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

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Section 8. TERMINATION AND MODIFICATION.

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.

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.

8.6 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
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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 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.

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.

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 be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may Consulting Services Agreement between
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be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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.

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").

Consulting Services Agreement between
City of Newark and [Name of Company] Page 13 of 14
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:
[INSERT CONSULTANT CONTACT INFORMATION HERE]
All other written notices to City shall be sent to:

Kristopher J. Kokotaylo,
City Attorney
City of Newark City of Newark
37101 Newark Blvd. with a copy to 37101 Newark
Blvd. Newark, CA 94560 Newark, CA
94560

10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B, represent 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
Exhibit B Cost Proposal
Seal and Signature of Registered Professional with
report/design responsibility.

Consulting Services Agreement between
City of Newark and [Name of Company] Page 14 of 14

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.

SIGNATURES ON THE FOLLOWING PAGE
Consulting Services Agreement between
City of Newark and [Name of Company] Page 15 of 14
The Parties have executed this Agreement as of the Effective Date.

CITY OF NEWARK [CONSULTANT]
, CITY

MANAGER
ATTEST:

Title:
, CITY CLERK
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
5638310.1
Version 3.2.21

EXHIBIT A

SCOPE OF SERVICES
.

EXHIBIT B

COMPENSATION SCHEDULE

Five-Year Homelessness Action Plan
September 11, 2025
City Council Meeting
Nick Cuevas
Recreation & Community Services Director
It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark. 1 Homelessness Action Plan Purpose
• Analysis of Current Systems & Processes
• Strengthen Social Services Support
• Reduce & Prevent Homelessness in Newark
• Align with County’s EveryOne Home Strategic Plan
• Strengthen the 2023-2031 Housing Element Plan
• Affordable Housing & Homelessness Initiatives
2 Homelessness Action Plan Selection Process
• Request for Proposals (RFP) issued June 2, 2025
• RFP Submittals Due July 11, 2025
• Received (7) Submissions
• Top Four Firms Interviewed August 5, 2025
• Firm Selection September 11, 2025
3 Selection of Consulting Firm
Social Change Partners, LLC:
• Founded in 2013, based in San Francisco
• Specialized in authentic community engagement,
complex planning processes
• Staff rooted in the East Bay, diverse complementary
skills and professional backgrounds, lived experience
of public systems
• Recent homelessness planning projects in Bay Area
Counties
4 Process and Timeline
5 Newark’s Five-Year Homelessness Action Plan
Development Schedule
Staff Recommendation to City Council
6 1. Authorize the City Manager to execute a Consulting Services Agreement with Social Change Partners, LLC in an amount not-to-exceed $89,850 for the development of the plan.

2. Approve an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan to appropriate funding for the plan’s development.

Thank you!
Questions
It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark. 7 Item H. 1.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Appoint Delegate/Alternates to the League of California Cities Annual Conference and Expo
Every year, the League of California Cities convenes a member-driven General Assembly at the California Cities Annual Conference and Expo. This year's event will be held October 8-10, 2025, at the Long Beach Convention Center. On October 10, there is a General Assembly meeting comprised of voting delegates appointed by each member city. The appointed voting delegate plays an important role during the General Assembly by representing the city and voting on resolutions that impact the League of California Cities policy and potential bylaw amendments. A copy of the Voting Delegate process is attached to the staff report.

Council Member Grindall has advised that he will attend the Conference and requested to serve as the City's voting delegate. Staff is seeking a motion to appoint Council Member Grindall as the Voting Delegate and up to two alternate delegates may be selected.

Funds to attend the annual League of California Cities Annual Conference and Expo are included in the City’s operating budget.

Attachments
Voting Delegate Packet
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Item H. 2.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Adopt a Resolution confirming Mayor's appointment(s) to the Community Development Advisory Committee
The Community Development Advisory Committee (CDAC) is an appointed committee that provides recommendations to the City Council for the use of Community Development Block Grant funds and to the Community Development Director on priorities for the use of Housing funds. Namit Saksena, who was appointed to the Committee in 2022, resigned from the committee. A notice was posted advertising the vacancy. Applications were received from Jason Miguel, Isabelle Farias, Maria Alcorta Matthews, Ravi Dhillon, and Erin Evers.

The Community Development Advisory Committee membership consists of two Council Members, two Planning Commissioners, and the balance from the community. There is no limit on the number of community members appointed. Mayor Hannon will announce his appointments at the City Council meeting.

RECOMMENDATION
It is recommended that the City Council, by resolution, approve the Mayor's appointments to the Community Development Advisory Committee.

Attachments
Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE APPOINTMENT(S) OF

TBD TO THE COMMUNITY DEVELOPMENT ADVISORY

COMMITTEE
WHEREAS, a vacancy occurred on the Community Development Advisory Committee in May; and
WHEREAS, applications to fill the vacancy were received from: Jason Miguel, Isabelle Farias, Maria Alcorta Matthews, Ravi Dhillon, and Erin Evers; and WHEREAS, the Community Development Advisory Committee does not limit the number of appointments from the community; and
WHEREAS, the Mayor of the City of Newark has appointed TBD to the Community Development Advisory Committee;
NOW, THEREFORE, BE IT RESOLVED that said appointments are hereby approved by the City Council of the City of Newark.

Item I. 1.

DATE 09/11/2025
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
Name of Cases:
1) National Opioid Settlement: In Purdue Pharma L.P. et al., United States Bankruptcy Court, Southern District of New York, Case No. 19-23649(RDD) (bankruptcy); In re National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804 (class action), Reference Number: CL-1732268.
2) National Opioid Settlement: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, Zydus, USDC, Northern District of Ohio, MDL No. 2804, Reference Number: CL-1761660.

Newark City CouncilSeptember 11, 2025

Newark City Council
September 11, 2025