Newark City Council
December 11, 2025

AGENDA
Thursday, December 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. Commending the Newark Middle School Girls Soccer Team

2. Introduction of an employee

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 November 13, 2025, City Council Minutes

3. Adopt a resolution authorizing the City Manager to execute a Contractural Service Agreement for the Comprehensive Transition Plan Update with Disabled Access Consultants, LLC for updating the Newark Transition Plan and amending 2024-2026 the Biennial Budget and Capital Improvement Plan

4. Motion approving the 2026 Local Appointments List and distribution

5. Adopt a resolution authorizing the City Manager to execute a Consultant Services Agreement with Gray-Bowen-Scott for Grant Management Services in the amount not to exceed $106,000

6. Adopt a resolution amending the Employee Classification Plan, 2024-2026 Biennial budget and Capital Improvement Plan, and citywide salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and approve a side letter agreement with the Newark Association of Miscellaneous Employees (NAME) reflecting the classification change of Community Preservation Specialist to Community Preservation Specialist I/II

7. Adopt a resolution accepting the Development Impact Fee Annual and Five-Year Report for the period ending June 30, 2025, and approving findings for each fee imposed by the City of Newark in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 – 66008)

8. Adopt resolutions establishing the City Council regular meeting schedule for calendar year 2026, with starting times of 7:00 p.m. and authorizing the City Manager to take administrative actions during the August Recess

9. Adopt a resolution authorizing the City Manager to execute a Software-as-a-Service (SaaS) Agreement with Tyler Technologies, Inc. to migrate the City’s on-premises Tyler New World Enterprise Resource Planning (ERP) system to the Tyler Software as a Service (SaaS) Cloud

10. Resolution of the City Council of the City of Newark Authorizing the City Manager to Execute the Fourth Amendment to the Contractual Services Agreement with Stantec Consulting Inc. to Provide Professional Environmental Services.

E. PUBLIC HEARINGS

1. Hearing to consider the Mowry Village project entitlements including the following actions to approve: (1) Resolution for revision of the Area 3 and 4 Specific Plan, (2) Resolution for revision of the General Plan land use for a .84 acre portion of project site from Low Density Residential to High Density Residential, (3) Ordinance to rezone project site from Park to Residential Low Density, (28.26 Acre) and Residential High Density (.84 Acre), (4) Ordinance establishing a Planned Development Overlay District, (5) Resolution for Design Review, (6) Resolution for Vesting Tentative Map (8517), (7) Resolution for Alternate Means of Compliance, (8) Resolution for Density Bonus, and (9) Resolution certifying the Final Environmental Impact Report (SCN 2021110436) for the Mowry Village residential subdivision project generally located at 7400 & 7550 Mowry Avenue, consisting of APN’s 537-0850-001-11, 537-0850-001-13, and 537-0850-002-00.

F. OTHER BUSINESS

1. Waive full reading and introduce by title only an ordinance adding Chapter 12.36, Art in Public

1. Waive full reading and introduce by title only an ordinance adding Chapter 12.36, Art in Public Places and Private Development, and an ordinance adding Chapter 2.14, Public Art Committee, to the Newark Municipal Code; and adopt a resolution adopting the Public Art Guidelines to Implement Chapter 12.36, "Public Art In Public Places and Private Development"
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. Motion appointing Vice Mayor and adoption of resolution authorizing the execution of financial documents

2. Adopt a resolution confirming the Mayor's appointments to various agencies, boards, commissions, and committees

3. Adopt a resolution approving the reappointment of John Becker to the Planning Commission for a four-year term.

I. CLOSED SESSION
J. ADJOURNMENT

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

How to view the meeting remotely:

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

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

Zoom will no longer be available for public participation unless required by Assembly Bill 2449. Should a Council Member or the Mayor attend the meeting via Zoom.com pursuant to Assembly Bill 2449, then the Webinar ID 878 6245 1107 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 12/11/2025
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Commending the Newark Middle School Girls Soccer Team The Newark Middle School Girls Soccer Team won the Southern Alameda County Middle Athletic League (SACMAL) Championship on October 16, 2025.  A commendation has been prepared and members of the team will be at the City Council meeting to receive it.

Attachments
Commendation

COMMENDATION

NEWARK MIDDLE SCHOOL

GIRLS SOCCER TEAM
WHEREAS, on October 16, 2025, the NEWARK MIDDLE SCHOOL GIRLS SOCCER TEAM brought home the Southern Alameda County Middle Athletic League (SACMAL) championship trophy in an incredible 2-1 victory over Canyon Middle School; and
WHEREAS, the NEWARK MIDDLE SCHOOL GIRLS SOCCER TEAM fought hard and finished the season in unforgettable fashion, winning their 1st league championship in a long time; and WHEREAS, the entire team showed determination all season long, entering the playoffs with a strong 8-2 record. Their hard work, teamwork, and grit paid off in the biggest way.

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

NEWARK MIDDLE SCHOOL

GIRLS SOCCER TEAM
Coraline Arnold Aleyna Ibarra Giuliana Pereira Gianna Tejeda Kate Auby Monica Mujica La’Reyna Posey Karina Tejeda
Juliana Bedolla Vera Eva Natale Delilah Resendez Regina Tello Lailah Carter Brielle Nunez Avery Rose Kaileigh Trevias-Marr Khianna Champion Melanie Padilla Clarissa Ruiz-Camarena Kinley Truong Penelope Culpepper
Athletic Director: Eduardo Fonseca Coach: Nicole Champion

on their outstanding win and for bringing the trophy back to 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 December, Two Thousand Twenty-five.

MICHAEL K. HANNON
Mayor
Item  B. 2.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Introduction of an employee
Neetu Salwan, City Clerk, will be introduced at the City Council meeting.

Item  D. 1.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM
SUBJECT    Approval of Audited Demands
Attachments
Audited Demands 10.30.25
Audited Demands 11.06.25
Audited Demands 11.13.25
Audited Demands 11.20.25

Item  D. 2.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Approval of November 13, 2025, City Council Minutes Attachments
November 13, 2025 City Council Minutes
City of Newark City Council DRAFT MINUTES November 13, 2025

CITY OF NEWARK

CITY COUNCIL
City Administration Building, City Council Chambers
37101 Newark Boulevard, Newark, CA 94560 | (510) 578-4266 | E-mail: [email protected]

DRAFT MINUTES
Thursday, November 13, 2025
7:00 P.M.

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

Mayor Hannon announced that he would adjourn the meeting in memory of Council Member Catancio’s father-in-law, Steve Catabay, who recently passed away.

Council Member Catancio shared some memories of her father-in-law.

B. PRESENTATIONS

1. Sikh American Awareness and Appreciation
Mayor Hannon presented the proclamation to Taran Singh and other members of the Sikh community.

Mayor Hannon announced a two-minute break.

2. Introduction of Employee(s)
Mayor Hannon introduced new employees Public Safety Dispatcher Sierra Shelley, Public Safety Dispatcher Connor Taylor, Police Officer Yonus Ansari, Police Officer Jackson Benjamin, Police Officer Matthew Jou, and Police Officer Francisco Felix.

C. PUBLIC COMMENT
Resident Molly Connolly praised City employees Chief Building Official Matthew Farrell, Maintenance Superintendent Tonya Connolly, and Maintenance Supervisor Dan Cianciarulo for their excellent customer service, and thanked the City Council for having such outstanding staff.

Chamber CEO Stephen Cassidy thanked the Mayor and City for inviting him to the Alameda County Mayors’ Conference. He is coordinating a Tri-Cities Economic Forum in February to foster collaboration and growth. Cassidy invited the City Council to the Chamber Holiday Mixer on December 4, 2025, at Aloft. He also announced a Newark hotel roundtable next week with the City to boost the hotel industry ahead of major Bay Area sporting events in 2026. The

City of Newark City Council Draft Minutes November 13, 2025 Chamber’s mission includes advocating for projects that benefit Newark, such as supporting the Prologis project, arts initiatives, and endorsing the Mowry Village Project to the Planning Commission.

A member of Boy Scout Troop 186, encouraged everyone to donate canned goods to be distributed to those in need. Canned goods may be dropped off at the First Presbyterian Church on Saturday, November 15, from 10:00 a.m. to 3:00 p.m.

D. CONSENT CALENDAR
Council Member Grindall asked that Item No. 6 be pulled for further discussion and Vice Mayor Little asked that Item No. 5 be pulled for further discussion.

No one from the audience requested to speak.

Council Member Catancio moved, Vice Mayor Little seconded, to approve Consent Calendar items D.1, D.2, D.3, D.4, and D.7. The motion passed, 5 AYES.

1. Approval of Audited Demands

2. Approval of October 23, 2025, special meeting minutes

3. Approval of October 23, 2025, regular meeting minutes

4. Adopt a resolution approving and authorizing the acceptance of the 2025-2026 Selective Traffic Enforcement Program (STEP) federal grant through the State of California Office of Traffic Safety (OTS) and amending the e2024-2026 Biennial Budget Adopted Resolution No.11784

7. Waive further reading and adopt an ordinance repealing Section 15.04.030 of Title 15 “Buildings and Construction” of the Newark Municipal Code in order to conform to the updates in the 2025 building standards code that are adopted
Adopted Ordinance No. 556

NONCONSENT

5. Adopt a resolution authorizing the City Manager to execute Amendment No. 1 to Contractual Services Agreement No. C23071 with CSW Struber Stroeh Engineering Group to increase the contract value by $117,279 for a new contract total of $1,014,497 Discussion held. Vice Mayor Little moved, Council Member Grindall seconded, to adopt resolution authorizing the City Manager to execute Amendment No. 1 to Contractual Services Agreement No. C23071 with CSW Struber Stroeh Engineering Group to increase the contract value by $117,279 for a new contract total of $1,014,497. The motion passed, 5 AYES.

Adopted Resolution No. 11785

City of Newark City Council Draft Minutes November 13, 2025

6. Adopt a resolution authorizing an increase to the solid waste collection, recycling, and organics services maximum rates for Calendar Year 2026
Discussion held. Council Member Grindall moved, Council Member Jorgens seconded, to adopt a resolution authorizing an increase to the solid waste collection, recycling, and organics services maximum rates for Calendar Year 2026. The motion passed, 5 AYES.

Adopted Resolution No. 11786
E. PUBLIC HEARINGS
None
F. OTHER BUSINESS

1. Adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to add capital improvement projects
Presentation made and discussion held. The presentation is on file with the City Clerk.

Mr. Cassidy requested the estimated construction costs for two fire stations and suggested hiring a single consultant to oversee multiple projects in order to reduce expenses.

Vice Mayor Little moved, Council Member Grindall seconded, to adopt a resolution Amending the 2024-2026 Biennial Budget and Capital Improvement Plan to add capital improvement projects. The motion passed, 5 AYES.

Adopted Resolution No. 11787

2. Adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to reinstate Capital Project No. 1366 – Thornton Avenue Pavement Overlay Phase 1 (Interstate 880 to Olive Street)
Council Member Jorgens recused himself due to real property conflict of interest and exited the City Council Chambers.

Presentation made and discussion held. The presentation is on file with the City Clerk.

No one from the public requested to speak.

Council Member Grindall moved, Vice Mayor Little seconded, to adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to reinstate Capital Project No. 1366 – Thornton Avenue Pavement Overlay Phase 1 (Interstate 880 to Olive Street). The motion passed, 4 AYES, 1 RECUSED.

Adopted Resolution No. 11788
Council Member Jorgens returned to the City Council Chambers.

City of Newark City Council Draft Minutes November 13, 2025

3. Adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to add the Newark Community Park All Abilities Play Area Project Vice Mayor Little recused herself due to real property conflict of interest and exited the City Council Chambers.

Presentation made and discussion held. The presentation is on file with the City Clerk.

No one from the public requested to speak.

Council Member Jorgens moved, Council Member Catancio seconded to adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to Add the Newark Community Park All Abilities Play Area Project. The motion passed, 4 AYES, 1 RECUSED.

Adopted Resolution No. 11789
Vice Mayor Little returned to the City Council Chambers.

4. Adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to Update the Strategic Priorities Areas
Presentation made and discussion held. The presentation is on file with the City Clerk.

No one from the public requested to speak.

Council Member Grindall moved, Vice Mayor Little seconded, to adopt a resolution amending the 2024-2026 Biennial Budget and Capital Improvement Plan to update the Strategic Priorities Areas.  The motion passed, 5 AYES.

Adopted Resolution No. 11790
G. CITY MANAGER UPDATES
City Manager Benoun announced:

The City of Newark Recreation & Community Services Department’s Winter/Spring Activity Guide will be available online beginning Wednesday, November 20, 2025, at newarkca.gov/activityreg; resident registration opens Monday, December 1, at 8:00 a.m., and non-resident begins Friday, December 5, at 8:00 a.m.

Newark’s Annual Holiday Tree Lighting is Friday, December 5, 2025, 5:30 p.m. – 7:30 p.m., at the Newark Civic Center, 37101 Newark Boulevard. Activities will take place from 5:30 p.m. – 6:45 p.m., followed by the official Tree Lighting at 7:00 p.m.  The annual event is free and open to the community.

City of Newark City Council Draft Minutes November 13, 2025 Celebrate Small Business Saturday on November 29, 1:00 p.m. – 4:00 p.m., at the Civic Center Plaza and Newark Library Community Room, in partnership with the Newark Chamber of Commerce.  Stop by for coupons and giveaways from Newark businesses and enjoy free refreshments and fun family activities.

H. CITY COUNCIL MATTERS
Council Member Grindall announced coffee with Council Member Grindall is on November 22, 2025, at 9:30 a.m. at Starbucks on Jarvis & Newark.

Council Member Catancio reported attending the fishing event at Lakeshore Park, where children aged 5-15 learned to fish from city staff.

Council Member Jorgens encouraged participation in community service opportunities to enrich our community during the holiday season.

Vice Mayor Little urged everyone to donate canned food at Saturday’s donation event, with all food staying in Newark for those in need.

Mayor Hannon thanked Sergeant Karl Fredstrom for coordinating and delivering over 300 turkeys to the Viola Blythe Community Services Center for Newark residents in need. He also praised City Manager Benoun and staff for organizing a successful Mayor’s conference and noted the U.S. Marine Corps was established on November 10, 1775.

I. CLOSED SESSION
Closed session for conference with Labor Negotiator pursuant to California Government Code Section 54957.6.  Agency Designated Representative: Mayor Hannon, Unrepresented employee: City Manager Benoun
No one from the public requested to speak.

Mayor Hannon recessed to Closed Session at 8:56 p.m.

At 9:07 p.m., the City Council convened in Closed Session.

At 9:52 p.m., the City Council reconvened in Open Session.

J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:52 p.m. in memory of Steve Catabay.

Neetu Salwan
City Clerk
Item  D. 3.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Matthew Farrell, Chief Building Official
SUBJECT    Adopt a resolution authorizing the City Manager to execute a Contractural Service Agreement for the Comprehensive Transition Plan Update with Disabled Access Consultants, LLC for updating the Newark Transition Plan and amending 2024-2026 the Biennial Budget and Capital Improvement Plan
SUMMARY AND RECOMMENDATION
The Newark Transition Plan is a critical, living document that guides the identification and prioritization of accessibility improvements across City facilities, parks, public programs, services, and Capital Improvement Projects. It is a required component of the Americans with Disabilities Act (ADA), ensuring ongoing self-evaluation and barrier removal efforts. The Request For Proposal generated three proposals: Bureau Veritas Technical Assessment, SZS Engineering Access, INC., and Disabled Access Consultants, LLC.  All three proposals were competitive and Disabled Access Consultants, LLC. provided the best rates and timeline to not add additional strain to city resources.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a contractual services agreement, in a form approved by the City Attorney, with Disabled Access Consultants, LLC (DAC) in an amount not to exceed $350,000 for the comprehensive update of the Newark Transition Plan, and to amend the 2024–2026 Biennial Budget and Capital Improvement Plan to increase the budget for project 1397 by $100,000, bringing the total project budget from $250,000 to $350,000.

BACKGROUND
Title II of the Americans with Disabilities Act (ADA) requires all state and local governments with 50 or more employees to conduct a self-evaluation of their programs, services, and policies, and to develop an ADA Transition Plan detailing the methods and schedule for making modifications necessary to achieve compliance.

The City of Newark’s last comprehensive ADA Transition Plan was created in 2008.

Since its adoption, significant changes have occurred, including:

Revised Standards: The U.S. Department of Justice adopted the 2010 ADA Standards for Accessible Design, which supersede previous standards and require reassessment of compliance.

Regulatory Changes: New guidelines, particularly those related to the Public Right-of-Way Accessibility Guidelines (PROWAG), necessitate a comprehensive survey and barrier identification process for City sidewalks, pedestrian crossings, and infrastructure.

Program Expansion: The City has expanded its facilities, programs, and digital presence, all of which require evaluation for accessibility compliance.

Updating the Transition Plan is a critical, federally mandated necessity to ensure the City meets its legal obligations, minimizes potential liability exposure, and upholds its commitment to providing equitable access for all residents and visitors.

DISCUSSION/ANALYSIS
The proposed scope of work, following a competitive Request for Proposals (RFP) process (or qualification-based selection), is comprehensive and aligns with federal requirements. It includes four primary tasks:

Task 1: Project Initiation & Self-Evaluation
Review existing documentation, conduct site visits to City-owned buildings and facilities (e.g., City Hall, library, recreation centers, parks), and review City policies and communication practices for programmatic accessibility barriers.

Task 2: Public Right-of-Way (PROW) Survey
Comprehensive field inventory and documentation of accessibility barriers within the public right-of-way, including curb ramps, sidewalks, and pedestrian signal systems, focusing on major corridors and high-priority areas identified by the City.

Task 3: Public Outreach & Input
Facilitate community engagement, including at least two public workshops and an online survey, to solicit input from the disability community and relevant stakeholders regarding barriers to access.

Task 4: Transition Plan Development
Compile data to identify non-compliant items, develop a prioritized barrier removal schedule (based on Title II priority sequence), estimate construction costs for remediation, and draft the final, defensible Transition Plan document.

Consultant Selection
Disabled Access Consultants, LLC. was selected based on their extensive experience Disabled Access Consultants, LLC. was selected based on their extensive experience with large-scale municipal ADA Transition Plans, proven proficiency with federal standards, and capacity to deliver the required scope of work within the City’s timeline. Their proposal offered the most advantageous combination of experience and methodology, and their rates were most competitive.

Anticipated Benefits
Timely completion of this plan provides several key benefits:

Legal Compliance and Risk Mitigation: Reduces the City's exposure to costly litigation and federal enforcement actions related to non-compliance.

Strategic Capital Planning: Provides an accurate, data-driven plan with cost estimates to guide and prioritize future Capital Improvement Projects (CIP) funding for accessibility improvements.

Improved Quality of Life: Ensures all City facilities, programs, and public pathways are accessible and usable by individuals with disabilities.

FISCAL IMPACT
Following the RFP process and confirmation of the scope required for a comprehensive update, the estimated project cost is $350,000, which is $100,000 higher than the $250,000 previously approved in the 2024–2026 Biennial Budget and Capital Improvement Plan. A budget adjustment is required to appropriate the additional funding for Consultant/Professional Services in the Development Maintenance Fee Fund (625.90.094.940.6220).

REVIEW AND APPROVAL
Prepared by - Matthew Farrell, Chief Building Official
Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments

RFP/RFQ
1433_Resolution

REQUEST FOR PROPOSALS
For
Comprehensive Update to Newark’s Transition Plan
Issue Date: Monday, August 18, 2025
SUBMITTALS MUST BE RECEIVED BY:

Thursday, September 25, 2025, at 5:00 PM
City of Newark
Department of Public Works
37101 Newark Boulevard
Newark, CA 94560
Point of Contact:

Matthew Farrell
Chief Building Official, ADA Coordinator
(510) 578-4217
[email protected]
City of Newark, California
Request for Proposal, Pricing and Qualifications (RFP/RFQ) Transition Plan Update – Americans with Disabilities Act (ADA) Compliance Release Date: August 18th, 2025
Submission Deadline: September 25th, 2025

1. Introduction
The City of Newark is seeking qualified consultants to submit Statements of Qualifications and Pricing Proposals for professional services to update the City’s ADA Transition Plan. This plan will guide the City’s efforts to ensure that its public facilities, programs, services, communications, and activities are accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA).

2. Background
The City of Newark is located in Southern Alameda County at the east end of the Dumbarton Bridge, 30 miles south of Oakland 15 miles north of San Jose. Newark was incorporated as a General Law City in 1955 and has a Council/Manager form of government. Newark’s population is approximately 46,929, with an encompassed area of approximately 13 square miles. Other information regarding the City of Newark can be found on the City’s website at www.newarkca.gov
The City of Newark previously developed an ADA Transition Plan to identify and address accessibility barriers. However, updates are required to reflect current conditions, regulations, public feedback, and priorities. The selected consultant will assess all public infrastructure, services, and programming under City ownership or control. Newark currently has 23 buildings, 14 parks, and roughly 104.5 centerline street miles that need an updated assessment.

3. Scope of Services
The selected consultant will:

A. Data Collection and Assessment
• Survey and evaluate accessibility of all public roadways, curb ramps, sidewalks, pedestrian crossings, and public rights-of-way.
• Evaluate accessibility of City-owned and leased facilities, including buildings, parks, and parking lots.
• Review and assess all City programs, services, and activities, including online services, public meetings, communications, and emergency procedures. • Identify physical and programmatic barriers.

B. Public Outreach and Engagement
• Develop and implement a comprehensive public outreach plan, including:
o Engagement with individuals with disabilities and disability advocacy organizations.
o At least two public meetings or open houses.
o Online surveys and feedback tools.
o Coordination with City staff, council, boards, and commissions.

C. Transition Plan Update
• Develop an updated Transition Plan that includes:
o Executive Summary and Purpose.
o Regulatory Background.
o Self-Evaluation Summary.
o Barrier Prioritization and Removal Schedule.
o Cost Estimates and Budget Planning.
o Monitoring and Reporting Tools.
o Grievance Procedure and Contact Information.
• Recommend policy, procedural, and operational updates. • Provide the plan in a format that is easily accessed, such as a database or program. • Integrate Geographic Information Systems (GIS) and asset management tools where applicable.

D. Staff Training and Capacity Building
• Provide training to City staff on ADA compliance, maintenance of accessible features, and use of tools for implementation and monitoring.

4. Proposal Requirements
Interested firms shall submit a proposal, limited to 25 pages, that includes:

A. Cover Letter
• Brief overview of firm’s interest and key contact information.

B. Qualifications
• Relevant project experience and references.
• Key personnel, roles, and resumes.
• Understanding of ADA requirements and municipal operations.

C. Approach and Methodology
• Work plan, methodology, and timeline.
• Outreach strategy.
• Quality assurance measures.

D. Fee Proposal
• Detailed cost breakdown by task.
• Hourly rates for personnel.
• Not-to-exceed budget estimate.

E. Schedule
• Proposed schedule for completing major tasks and overall project.

F. Sample of a Transition Plan
• Provide a sample of transition plans performed for others • Sample of the database or program that will maintain the data G. City’s Standard Contractual Services Agreement
• Agreement to the CSA or any edits that would be requested. • Insurance requirements stated by the City Attorney

5. Evaluation Criteria
Proposals will be evaluated based on:

Criteria Weight
Firm Experience and Qualifications 30%
Project Approach and Understanding 25%
Outreach and Engagement Strategy 15%
Cost Effectiveness 20%
Schedule and Staffing 10%

6. Submission Instructions
Submit proposals electronically in PDF format to:

Matthew Farrell
City of Newark – Public Works Department
Email: [email protected]
Subject Line: ADA Transition Plan Update Proposal – [Consultant Name] All proposals must be received by September 25th, 2025 by 5:00pm. Late submissions will not be considered. Interested consultants should submit proposals and qualifications that address the following:

1. Cover Letter. Describe your firm or team’s interest and commitment to providing urban forest management services to the City. 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.

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 above. 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. Consultant Description of Qualifications. For your firm (and any sub-consultants), provide:
a. Firm qualifications and résumé(s) of participating individual(s); and b. A description of your firm’s relevant experience.

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.

7. Schedule (Tentative)
Milestone Date
RFQ/RFP Issued August 18th, 2025
Deadline for Questions September 4th, 2025
Proposals Due September 25th, 2025
Interviews (if held) Week of October 6th, 2025
Award Notification October 30th, 2025
Project Start Date January 1st, 2026

8. General Conditions
• The City reserves the right to reject any or all proposals. • All submitted documents become public records.
• Selected firm will be required to enter into a Professional Services Agreement with the City. See attachment A.
• Any changes made by the city to the requirements in this RFP will be made by written addenda and be posted to the website.

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 15 MB. 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 Contractor’s preparations, submission, presentation, or oral interview, if held, shall be the sole responsibility of the Contractor.

If awarded a contract, the Contractor 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. Contractors are liable for all errors or omissions contained in their Proposal. By submitting a Proposal, interested firms 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 Contractor 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.

Attachment A

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
AND

VEOCI (VIRTUAL EMERGENCY OPERATIONS CENTER SOFTWARE)

FOR TRAINING STAFF ON SOFTWARE PROGRAM
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and __________., a corporation, with offices located ________________, (“Consultant”), (together referred to as the “Parties”) as of ____________ (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 June 27, 2025, 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.

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.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Ten Thousand, Five Hundred dollars ($10,500.00) 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;
• 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 cost. 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.

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, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$2,000,000 per occurrence;
Bodily Injury and Property
Damage
$4,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
$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
is acceptable for individual
contractors with no
transportation or hauling
related activities
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

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Newark, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 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 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 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.

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 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.

8.5 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 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.

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 Ricardo Martinez ("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:

Name
Title
Company
Address
City, State, Zip
All other written notices to City shall be sent to:

David Benoun Kristopher J. Kokotaylo,
City Manager City Attorney
City of Newark City of Newark
37101 Newark Blvd. with a copy to 37101 Newark Blvd.

Newark, CA 94560 Newark, CA 94560

10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B[ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] 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

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
The Parties have executed this Agreement as of the Effective Date.

CITY OF NEWARK [CONSULTANT]
____________________________ ______________________________ DAVID J. BENOUN, CITY MANAGER
Title: _________________________
ATTEST:
___________________________

SHEILA HARRINGTON, 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
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACTUAL SERVICES AGREEMENT
WITH DISABLED ACCESS CONSULTANTS, LLC. FOR AN
UPDATE TO THE CITY’S TRANSITION PLAN AND AMEND
THE 2024-2026 BIENNIAL BUDGET AND CAPITAL

IMPROVEMENT PLAN
WHEREAS, the City developed a Transition Plan in 2008 as required as a Title II entity; and
WHEREAS, the City wishes update and overhaul the existing transition plan and provide a self-assessment as required by Title 28 in the Code of Federal Regulations Chapter 1, Part 35, Section 150 D ; and
WHEREAS, the City released a request for proposal to assist the City in developing an update to its Transition Plan, and Disabled Access Consultants, LLC. submitted the highest ranked proposal; and
WHEREAS, Disabled Access Consultants, LLC. is well qualified to assist the City with updating its Transition Plan and Self Evaluation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute a Contractual Services Agreement with Disabled Access Consultants, LLC., in a form approved by the City Attorney, in an amount not to exceed $350,000 to assist with the development of an update to the Transition Plan and Self Evaluation.

BE IT FURTHER RESOLVED that the 2024–2026 Biennial Budget and Capital Improvement Plan is hereby amended to increase the budget for CIP 001397 by $100,000, from $250,000 to $350,000, and that the additional funding shall be appropriated from the Development Maintenance Fee Fund (625.90.094.940) as follows:

Account Description Amount
To: 625.90.094.940.6220.CIP001397 Development Maintenance Fee Fund $350,000 Fr: 610.3000 Unappropriated Fund Balance $350,000
Item  D. 4.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT    Motion approving the 2026 Local Appointments List and distribution Section 54970 of the California Government Code, known as the “Maddy Act,” requires local governments to publish an annual list of all appointments to their boards, commissions, and committees by December 31. The purpose of this requirement is to ensure that community members have equal access to information about opportunities to serve and a fair chance to apply for these positions.

Appointments are made by the legislative body of the local agency. The Local Appointments List must be publicly accessible and include information about upcoming vacancies. It must list all appointive terms that will expire during the year, along with each current appointee’s name, appointment date, and term expiration date. The list must also identify all boards, commissions, and committees that serve at the pleasure of the legislative body, as well as the qualifications required for each position.

State law also requires the City to publish the list on its website or designate a local public library to receive a copy. The terms for Community Development Advisory Committee members are not predetermined to expire at specific times; instead, vacancies occur whenever a member resigns. Members of the Measure GG and LL Oversight Committee, Planning Commission, and Senior Advisory Committee are appointed by the City Council. The terms expiring in 2026 are as follows:

Measure GG and LL Oversight Committee
Michael Marzano — Appointed April 2018; Term expires April 2026 Vinod Kumar — Appointed June 2025; Term expires April 2026 Daniel Cardenas — Appointed June 2025; Term expires April 2026 Planning Commission
Jeff Aguilar — Appointed February 2014; Term expires December 2026 Senior Advisory Committee
Rick Arellano — Appointed January 2013; Term expires April 2026 Sandra Arellano — Appointed April 2014; Term expires April 2026 Olga Borjon — Appointed May 2020; Term expires April 2026 Staff recommends that the City Council, by motion:

1. Approve the 2026 Local Appointments List;
Designate the Alan L. Nagy Public Library as the library to receive a copy of the list; and

2. 3. Direct staff to post the Local Appointments List on the City website.

Attachments
City of Newark 2026 Local Appointments List

510.578.4266 [email protected] www.newarkca.gov facebook.com/cityofnewarkca City of Newark
City Clerk’s Office
37101 Newark Boulevard
Newark, CA 94560
CITY OF NEWARK 2026 LOCAL APPOINTMENTS LIST *
Appointive Terms Expiring in 2026
Measure GG and LL Oversight Committee
 Michael Marzano — Appointed April 2018; Term expires April 2026  Vinod Kumar — Appointed June 2025; Term expires April 2026  Daniel Cardenas — Appointed June 2025; Term expires April 2026 Planning Commission
 Jeff Aguilar — Appointed February 2014; Term expires December 2026 Senior Advisory Committee
 Rick Arellano — Appointed January 2013; Term expires April 2026  Sandra Arellano — Appointed April 2014; Term expires April 2026  Olga Borjon — Appointed May 2020; Term expires April 2026 Qualifications for appointment to City commissions, committees, and boards: Appointees to the Planning Commission, Community Development Advisory Committee, and the Measure GG and LL Oversight Committee must be at least 18 years old and reside in the City of Newark. Appointees to the Senior Advisory Committee must be at least 55 years of age at the time of appointment and reside in the City of Newark. *Approved by the Newark City Council 12/11/2025 pursuant to Section 54972 of the California Government Code, the Maddy Act.

Item  D. 5.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Jerrald Yang, Associate Civil Engineer
SUBJECT    Adopt a resolution authorizing the City Manager to execute a Consultant Services Agreement with Gray-Bowen-Scott for Grant Management Services in the amount not to exceed $106,000 SUMMARY AND RECOMMENDATION
The delivery of many Public Works projects requires access to state, region, and local funds and coordination between agencies such as Alameda County Transportation Commission (ACTC) and Metropolitan Transportation Commission (MTC). To provide expertise and advice to City staff, an on-call grant management services consultant is needed. Staff recommends that the City Council, by resolution, authorize the City Manager to execute a Consultant Services Agreement (CSA) with Gray-Bowen-Scott (GBS) in the amount not to exceed $106,000 effective through June 30, 2027.

BACKGROUND
The City initially entered into a Consultant Services Agreement with GBS in fall 2024 in the amount of $35,000 for grant management services. Based on successful performance and additional workload needs, the agreement was increased to $74,999 in fall 2025. These services have supported City staff by analyzing funding plans for eligible projects and facilitating direct coordination with state and regional agencies.

With GBS’s assistance during the first year, they have supported the City in securing key funding sources, including Regional Measure 3 (RM3), for eligible transportation projects in the amount of $15 million that was assigned for the City. As the City continues to advance multiple major transportation projects simultaneously, the grant administration workload has increased substantially, making continued consultant support necessary.

DISCUSSION/ANALYSIS
GBS is a transportation project consulting firm that provides decades' worth of experience in funding strategies, agency administration, and project management.

They provide services to both public and private sector clients throughout the Bay Area and Northern California and have a record of developing successful strategies in securing funding to get projects fully built and delivered. GBS is already under contract with Bay Area cities such as San Francisco and Union City and their staff is well-qualified to provide the City with project management to handle scope, costs, and schedules to overcome complex funding requirements set by regional and state agencies.

GBS has demonstrated timely and qualified competence for grant management services for the City at fair and reasonable prices. In addition, they have successfully demonstrated effective coordination with ACTC and MTC staff to establish and secure regional funding for various City transportation projects. GBS has specific technical understanding of the City's desire to timely execute priority projects, such as Old Town Streetscape, Thornton Avenue Overlay Phases 1 and 2, and Quiet Zone projects.  Given their unique understanding of regional funding opportunities, the specifics of the City's projects, and the timely need to coordinate efforts between funding and construction, staff recommends continuing to utilize the services of GBS through the remainder of this fiscal year.

As an on-call resource, GBS will continue to provide valuable insight on delivering RM 3 project administration, federal and state programming assistance, and other types of funding or reporting requirements. Under their scope, they will prepare necessary reports and requests while acting as a liaison to the City Staff, ACTC, and MTC staff.

They share the same sense of urgency with the City in delivering its projects on a timely schedule.

The term of the Consultant Services Agreement is effective through June 30, 2027.

FISCAL IMPACT
The Public Works operating budget includes sufficient appropriations that are available in the Public Works operating budget (Fund 120) in Consultant/Professional Services to support this agreement. No additional budget action is needed.

REVIEW AND APPROVAL
Prepared by - Jerrald Yang, Associate Civil Engineer
Reviewed by - Miki Tsubota, City Engineer
Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
1438_Resolution
1438 Agreement
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSULTANT SERVICES AGREEMENT WITH

GRAY-BOWEN-SCOTT FOR ON-CALL GRANT

MANAGEMENT SERVICES IN AN AMOUNT NOT TO
EXCEED $106,000 THROUGH JUNE 30, 2027
WHEREAS, the City entered into a Consultant Services Agreement with Gray-BowenScott (GBS) on September 20, 2024for grant management services in the not-to-exceed amount of $35,000; and
WHEREAS, based on successful performance and increased project delivery needs, the City executed a First Amendment to the Agreement on September 29, 2025, increasing the not-to -exceed amount to $74,999 and extending the term; and
WHEREAS, GBS has demonstrated qualified expertise in grant strategy, funding administration, and coordination with state and regional agencies, including the Alameda County Transportation Commission (ACTC) and the Metropolitan Transportation Commission (MTC); and
WHEREAS, GBS has effectively supported the City in securing and administering key funding sources for transportation projects, including Regional Measure 3 (RM3), and has provided valuable assistance in advancing multiple high-priority capital projects; and WHEREAS, the continued delivery of major transportation projects requires ongoing access to specialized grant management support to meet complex regional and state funding requirements, ensure timely reimbursement of eligible costs, and maintain compliance with agency guidelines; and
WHEREAS, staff recommends entering into a new Consultant Services Agreement with GBS to provide ongoing on-call grant management services with a term effective December 11, 2025 through June 30, 2027, in an amount not to exceed $106,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby authorizes the City Manager to execute a Consultant Services Agreement with GrayBowen-Scott for on-call grant management services in an amount not to exceed $106,000, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Manager is authorized to take all actions necessary to implement this resolution.

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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
AND

GRAY-BOWEN-SCOTT

FOR GRANT MANAGEMENT SERVICES
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and Gray-Bowen-Scott, a corporation with offices located at 1320 Mt Diablo Blvd #206, Walnut Creek, CA, (“Consultant”), (together referred to as the “Parties”) as of December 11, 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 June 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.

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.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed onehundred and six-thousand dollars, ($106,000) 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.

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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;
• 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.

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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.

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.

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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
$2,000,000 per occurrence;
Bodily Injury and Property
Damage
$4,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis
B Commercial or Business
Automobile Liability
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)
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

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Required for all contractors
with employees
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

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Newark, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 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 Consulting Services Agreement between
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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 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.

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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 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, Consulting Services Agreement between
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Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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

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.

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7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender, or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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.

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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 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.

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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.

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, Consulting Services Agreement between
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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 City Engineer ("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:

Leo Scott, President
Gray-Bowen-Scott
1320 Mt Diablo Blvd #206
Walnut Creek, CA 94596
All other written notices to City shall be sent to:

City Engineer Kristopher J. Kokotaylo,
Public Works Department City Attorney
City of Newark City of Newark
37101 Newark Blvd. with a copy to 37101 Newark Blvd.

Newark, CA 94560 Newark, CA 94560

10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

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_________________________________________
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

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
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The Parties have executed this Agreement as of the Effective Date.

CITY OF NEWARK, GRAY-BOWEN-SCOTT,
a municipal corporation a California corporation
By By
David Benoun, City Manager
Date Date
Printed Name
ATTEST:

Neetu Salwan, City Clerk
Date
APPROVED AS TO FORM:

Kristopher Kokotaylo, City Attorney
5638310.1
Version 3.2.21
Consulting Services Agreement between
City of Newark and Gray-Bowen-Scott

EXHIBIT A

SCOPE OF SERVICES
Consulting Services Agreement between
City of Newark and Gray-Bowen-Scott

EXHIBIT B

COMPENSATION SCHEDULE
November 25, 2025
Mr. Howard Young, Public Works Director
City of Newark
37101 Newark Boulevard
Newark, CA 94560
Via email to: [email protected]; [email protected] RE: Grant Management Services Through June 30, 2027
Dear Mr. Young:

Thank you for your continued interest in Gray-Bowen-Scott(GBS) and we are pleased to furnish you with this proposal for grant management professional services to assist the City of Newark (City) with delivering projects with Regional Measure 3 (RM3) funds through fiscal year 2027.

GBS is proposing to continue to provide service as an on-call resource to the City, with responsibilities for specific tasks. The attached proposed scope of work is the same services we have been providing to the City in 2024 and 2025. With an on-call arrangement, our budget is a function of the level of effort requested. I propose an agreement for a not-to-exceed budget of $106,000. This budget is anticipated to allow for assistance to continue work on defining, implementing and monitoring funding strategy for projects in the Thornton corridor and other priority projects for the City. Work over the coming months could include tasks such as updating RM3 allocation package, coordination with funding agencies (ACTC, MTC, Caltrans), federal funding miletone tracking, federal request for authorization packages, reporting, and reimbursement packages. This level of funding would provide about 200 hours of time from Matt Todd as well as about 100 hours of Associate Project Manager time to assist with deliverables such as Caltrans packages or MTC reporting. GBS invoices monthly on a time and expense basis under our adopted fee schedule (attached).

Leo Scott will continue to be GBS’s Principal in Charge and Matt Todd will serve as the Project Manager and main point of contact.

If you have any questions or want additional information, please do not hesitate to call Matt at (510) 206-3920. Thank you for the opportunity to present this proposal. We look forward to working with you and will commence work upon authorization to proceed.

Very truly yours,
Leo Scott, President

EXHIBIT A
City of Newark
Fund Programming Administration for Transportation Projects Agency coordination, funding strategy, and preparation of documentation for Regional Measure 3 Funded Projects, including coordination with Alameda CTC and MTC, for the Thornton Avenue Complete Streets and Bay Trail Project.

Task 1 – RM3 Project Administration
• Prepare Initial Project Reports/requests for programming and/or allocations • Prepare progress reports / close-out reports
• Prepare agreements and amendment requests
• Review and coordinate consultant Invoices and requests for reimbursements • Coordinate with the City Finance Department
• Coordinate with Alameda CTC and MTC staff
Task 2 - Federal and State Programming Assistance
• Support for City-sponsored projects that include federal aid and/or STIP • Assist with update of DBE Goals and other FHWA requirements • Assist with regional programming requirements including countywide transportation plan, regional transportation plan, and transportation improvement program related tasks.
• Other and/or Unanticipated Fund Programming Tasks
o Depending on the remaining steps of the project development/project approval process, additional work may be required. Consultant, when authorized by City, shall perform tasks not specifically identified above. Examples could include, but are not limited to, facilitating City’s compliance with Federal regulations such as Federal DBE reporting, or ensuring City’s Quality Assurance Plan is current.

Task 3 – Other Funding
• Review and advise on other transportation funding opportunities • Assist with reporting for ACTC programming requirements FEE SCHEDULE Effective January 1, 2025
Staff Billing Rate
Billing Rate Range
Low High
Industry Advisor $425.00 $550.00
Gary Huisingh $425.00
Brad McCrae $455.00
Norma Ortega $483.00
Leo Scott $495.00
Principal Project/Program Manager $370.00 $500.00
Terry Bowen $473.00
Carl Haack $445.00
Matt Todd $410.00
Senior Project/Program Manager $280.00 $380.00
Roni Hattrup $340.00
Erin Heltne $300.00
Obaid Khan $367.00
Sheena Patel $340.00
Keith Robinson $367.00
Brian Stewart $360.00
Project/Program Manager $240.00 $310.00
Karen Boggs $227.00
Kevin Byrd $280.00
Chris Doerksen $280.00
Aron Zerezghi $280.00
Associate Project/Program Manager $175.00 $250.00
Grace Doi $200.00
Margaret Strubel $193.00
Project Specialist $230.00 $315.00
Project Analyst $140.00 $200.00
Debby Chernila $164.00
Tiffany Gephart $149.00
Debi Lawrence $164.00
Ericka Leiva $164.00
Janet McCue $149.00
Naomi Salvador $180.00
Anita Smith $180.00
Project Administrator $115.00 $160.00
Administrative Assistant $80.00 $135.00
Intern $55.00 $85.00
Rates subject to change on January 1, 2026. Expenses (mileage, parking, tolls, printing, travel, conference calls, postage, express mail, delivery, authorized entertainment, etc.) will be billed at cost. Mileage will be billed at the standard IRS rate.

Gray·Bowen·Scott reserves the right, in its discretion, to sub-contract portions of its projects to other qualified professionals. All costs and fees for any sub-contracted services will be billed at cost plus 10%.

EXHIBIT B

EXHIBIT B

COMPENSATION SCHEDULE
2026 RATES FOR KEY STAFF
STAFF 2026 RATE
Matt Todd $430
Margaret Strubel $200
Ericka Leiva $170
Matthew Todd, P.E.

Matt manages a variety of projects, providing strategy for the delivery of projects with federal and state transportation funding. His experience with transportation policy and the funding and delivery of complex transportation projects provides an appreciation for the range of projects that need to be collaboratively delivered to sustain a transportation system with multiple project sponsors large and small. Mr. Todd’s knowledge and experience includes identifying strategies for funding and advancing projects, securing programmed funds, and project development. He has worked with multiple transportation related agencies such as Caltrans, FHWA, California Transportation Commission, regional (MPO, RTPA, CMA and sales tax) and local agencies.

FIRM
Gray-Bowen-Scott
ROLE
Project Manager

EDUCATION
B.S., Civil Engineering,
University of California,
Davis

REGISTRATION
Professional Engineer,
Civil, CA, No. 63892

INDUSTRY TENURE
30 Years

RELEVANT EXPERIENCE
City of Union City, Quarry Lakes Parkway Delivery and Grant Assistance The Union City Quarry Lakes Parkway project involves constructing a new complete street connection between Mission Boulevard and Alvarado Niles Boulevard within the Union City BART Station District. As Project Manager, Matt coordinates closely with the City’s project design team, the Public Works Department, the City Manager’s Office, and the Finance Department. Under Matt’s leadership, GBS performs a range of responsibilities, including coordination with regional and state funding agencies (Alameda CTC, MTC, and Caltrans), funding plan development, grant application support, and managing grant reimbursement requests and required reporting. The GBS Team delivers similar services for other City projects that receive grant funds from MTC, Alameda CTC, and BART.

City/County Association of Governments of San Mateo County, Federal Aid Programming Assist local agencies with the delivery of federal aid projects and monitor progress and compliance with the regional Resolution 3606 delivery requirements. Completed the local agency Route 101 Auxiliary Lane Project grant application for local measure funds.

City of South San Francisco, Project Delivery Assistance Assist the City project managers to process projects through Caltrans Local Assistance, including preparing allocation requests, RFAs, invoices, close out reports, ROW certification, TIP amendments and extension requests. Completed the TDA Article 3 application for the bike and pedestrian facilities to connect with the new Caltrain Station improvements.

City of Pinole, San Pablo Avenue Bridge Project Delivery Assistance Assist local agency with programming and project delivery of a priority bridge replacement project. Includes project management related tasks including managing Caltrans and local grants, procuring consultant design team and contract management Alameda County Public Works, Project Delivery Assistance Assist the County with regional project delivery requirements. Assisted the County in completing a California ATP, federal BUILD, and county sales tax funding applications..

Managing Director, TRANSPAC
TRANSPAC is the Regional Transportation Planning Committee for the Central portion of Contra Costa County. As the Managing Director of the JPA agency, responsibilities include planning and programming actions for the subregion of Contra Costa County, including interpreting and offering recommendation for local sales tax funding for bicycle and pedestrian, transit and paratransit funds, as well as exchange opportunities.

Manager of Programming, Alameda County Transportation Commission (formerly Alameda County Congestion Management Agency), 2000 - 2014
Matt was responsible for developing funding programs and delivering transportation projects in Alameda County.
30 MATTHEW TODD, P.E. CONTINUED
City of San Mateo, Grant Application Preparation and Project Delivery Assistance Matt led the development of local agency grant applications for the CPUC Grade Separation funding, securing critical resources for high-priority rail safety projects. He supported project programming and delivery of a complex rail undercrossing involving multiple stakeholders, including Caltrain and the California High-Speed Rail Authority. Matt provided strategic coordination to advance project readiness, funding alignment, and interagency collaboration.

San Francisco County Transportation Authority, Project Delivery Assistance Matt supports the San Francisco County Transportation Authority (SFCTA) in managing a portfolio of state and federally funded projects. He works closely with local agency project managers to navigate grant requirements and ensure project schedules align with key funding milestones. His guidance helps maintain funding eligibility and supports timely, compliant project delivery.
c
• eBuilder® Certified Professional. (e-Builder® is a construction program management database)
o Created an e-Builder® deadline tracking form for South San Francisco project managers, as well as monthly, subscribed upcoming deadline reports. o Involved with 2 client (engineering and construction) e-Builder® implementations including interviewing multi-agency users for workflows and needs, synthesizing stakeholders’ input about processes, diagramming process workflows using Visio, configuring processes, and customizing reports. RFI process was a huge success, saving time during COVID-19-related shutdowns.

Users include Caltrans, transportation agencies, general contractors, and subconsultants including high-level engineers and designers. o Assisted with e-Builder® project implementations; aimed to simplify teambased workflow. o Organized, created, and led multiple user acceptance testing sessions including with senior engineers.
o Designed and implemented successful construction submittal process, decommissioning submittal module usage, which struggled with user acceptance. Used interpersonal skills; listened to issues and built trust with the client.
o Created protocols for document management in e-Builder®. o Trained users and trouble-shot issues for users in e-Builder®, acting as a helpdesk.
• Assisted with the development of agreements and licenses, including operations and maintenance agreements.
• Assisted engineers in creating and compiling submittals for Caltrans including encroachment permit applications, requests for reimbursement, and field reviews/preliminary environmental studies. Supported clients with preparing Caltrans’ Local Assistance forms and funding agency grant reimbursement forms. • Researched and compiled details about federal, state, and local transportation funding sources.
• Edited and proofread content, formatting, and grammar as well as created copy for project controls procedures and other documents.
• Assisted in compilation and editing of Active Transportation Program and Lifeline Transportation Program applications.
• Tracked document development process for contracts, plans, and agreements including an express lanes systems engineering management plan.

Previous experience:

Acumen Building Enterprise, Inc. (onsite: Alameda County Transportation Commission, Oakland, CA)
• Created design and content for reports, presentations, and newsletters using Adobe Creative Suite and PowerPoint, including the Congestion Management Program and Level of Service Monitoring reports. Employed technical proofreading and research skills. Using Excel and Illustrator, designed charts and graphs using information from various data sources.
• Customized an online grant application template. Drafted presentation and ran logistics of the workshop to train technical staff of jurisdictions.

FIRM
Gray-Bowen-Scott
ROLE
Associate Project Manager

EDUCATION
B.A., History of Art,
University of California,
Berkeley

CERTIFICATIONS
eBuilder® Certified
Professional

INDUSTRY TENURE
12 Years

RELEVANT EXPERIENCE
Margaret Strubel
Margaret Strubel joined the Gray-Bowen-Scott team with five years of experience in the transportation sector, supporting planners, engineers, finance, programming, and project controls. In addition, she has worked for eight years in engineering / cultural resources management firms, including extensive archaeological field experience.

MARGARET STRUBEL, CONTINUED
• Edited copy for numerous reports for a planner whose first language is not English. • Managed the filing system including archiving and on-site asset management. • Assisted with contract administration and the procurement process. This included vetting proposals for requests for proposals, ensuring the confidentiality of cost information, tailoring contracts, and amendments, and tracking contracts including those being closed out. Drafted and published contracting opportunities.

Familiar with Caltrans documentation and procedures.
• Coordinated administrative details such as office logistics, supported meetings including agenda compilation and ensured database contained current insurance information for consultants. • Interfaced with managers and team members as well as members of other organizations, the public, and vendors using excellent communication skills.

Ericka Leiva
Ericka joined the Gray-Bowen-Scott team following a 9-year career with the Alameda County Transportation Commission where she served as a Financial Analyst. In her current role as Gray-Bowen-Scott’s Grants Administrator, Ericka assists our clients with initial approvals, progress reports, and reimbursement close-outs, including those from sales tax authorities, Caltrans, and FHWA, among others.

Some of Ericka’s responsibilities include:
• Authorizations/Obligations
• Award packages
• Contracts and amendments, including draft contract amendments and follow through with agencies to ensure the documents are executed.
• Project controls and reporting including the creation of milestone timeline and funding matrices, progress reporting, and reporting updates as needed when contracts are amended.
• Reimbursement requests (costs eligible for state and/or federal reimbursement following the guidelines in the Caltrans Local Assistance Procedures Manual).

Compiling reimbursement requests for local agencies may also be required. This includes completing required items and any additional documentation required to submit as part of the Invoice Package for each request. Proactively contact contractors/vendors working for clients for backup documentation, ensuring all data is complete. Assist with compiling progress reports in tandem with requests as needed.
• Grant funding agency form completion and submittal, including federal aid close-outs for Caltrans, FHWA, FTA, Sales Tax Authorities, and Metropolitan Transportation Commission, and others.

FIRM
Gray-Bowen-Scott
ROLE
Grants Administrator

EDUCATION
B.A., Broadcast Electronic
Communications, San
Francisco State University,
San Francisco, CA

CERTIFICATIONS
Certificate, Human
Resource Management

INDUSTRY TENURE
11 Years

RELEVANT EXPERIENCE
Item  D. 6.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT    Adopt a resolution amending the Employee Classification Plan, 2024-2026 Biennial budget and Capital Improvement Plan, and citywide salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and approve a side letter agreement with the Newark Association of Miscellaneous
Employees (NAME) reflecting the classification change
of Community Preservation Specialist to Community Preservation Specialist I/II
SUMMARY AND RECOMMENDATION
The Community Preservation Specialist classification serves as the City’s primary classification for community preservation and code enforcement work. A recent review of duties, responsibilities, and operational needs identified that the single-level classification no longer provides adequate distinction between entry-level and journey-level work. Therefore, staff recommends that the City Council adopt a resolution to amend the Employee Classification Plan to delete the Community Preservation Specialist classification and add the classifications of Community Preservation Specialist I/II; add full-time personnel allocations to the 2024-2026 Biennial Budget and Capital Improvement Plan for two Community Preservation Specialist I/II, and delete two full-time allocations of Community Preservation Specialist, and amendment of the citywide salary schedule in conformance with California Code of Regulations, Title 2, Section 570.5; and approve a side letter agreement with the Newark Association of Miscellaneous Employees (NAME) to add the classification of Community Preservation Specialist I/II and salary range to the Memorandum of Understanding.

BACKGROUND
Following discussions between the City and the Newark Association of Miscellaneous Employees (NAME), both parties agreed that creating a two-level classification structure for the Community Preservation Specialist classification would better support employee training, development, and retention while addressing the increasing complexity of the City’s community preservation operations.

The new classification specification for Community Preservation Specialist I/II defines the entry-level position as a trainee classification responsible for gaining experience in code enforcement, and the journey-level position as independently performing the full range of enforcement and community outreach duties.

The current staffing structure consists of two full-time Community Preservation Specialist positions and one Community Preservation Manager. One Community Preservation Specialist position is currently vacant due to a resignation in July of this year and the subsequent recruitment did not yield an adequately qualified applicant.

DISCUSSION/ANALYSIS
The deletion of the existing Community Preservation Specialist classification and addition of Community Preservation Specialist I/II provides a clear promotional pathway for employees and aligns the classification with current and future operational needs.

The new structure also supports workforce planning by providing flexibility to recruit at the appropriate level based on experience and departmental requirements, making the position more desirable and competitive in the market. If an employee is hired at the "I" level, the employee will have an opportunity to advance to level "II" when operations warrant that level of work, budget is appropriated, and the employee demonstrates they meet the qualifications for the position.

The proposed effective date for these classification changes is December 12, 2025, following City Council adoption of this resolution and approval of the associated side letter agreement with NAME.

FISCAL IMPACT
The establishment of a two-level classification structure can be absorbed within the existing Community Preservation Division budget due to salary savings from the existing vacancy. This action would have no fiscal impact for the remainder of the fiscal year (December 12, 2025, through June 30, 2026).

The Community Preservation Specialist I (CPS I) classification will remain at the current salary level associated with the existing Community Preservation Specialist classification. Should the current incumbent of the CPS classification advance to the CPS II level, or the vacant CPS position be filled at the CPS II level, the fiscal impact would be absorbed by personnel cost savings in the Community Development Department.

The annual cost difference in funding one CPS I and one CPS II position is approximately $11,800.

Future costs will be included in the City’s regular biennial budget process.

REVIEW AND APPROVAL
Prepared by - Brittney Frye, Human Resources Director
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - CPS I/II Classifications
Proposed Job Description - CPS I/II
Consolidated Salary Schedule
NAME Side Letter Agreement CPS I/II
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING RESOLUTION NO. 2505, EMPLOYEE

CLASSIFICATION PLAN, TO DELETE THE COMMUNITY

PRESERVATION SPECIALIST CLASSIFICATION AND ADD

THE CLASSIFICATIONS OF COMMUNITY PRESERVATION
SPECIALIST I/II; APPROVING PERSONNEL ALLOCATION
CHANGES TO THE 2024-2026 BIENNIAL BUDGET;

APPROVING AND ADOPTING A SIDE LETTER

AGREEMENT BETWEEN THE CITY OF NEWARK AND THE

NEWARK ASSOCIATION OF MISCELLANEOUS

EMPLOYEES (NAME) TO ADD THE COMMUNITY

PRESERVATION SPECIALIST I/II CLASSIFICATIONS , AND

AMENDING THE CITYWIDE SALARY SCHEDULE IN

CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the Employee Classification Plan was adopted by the City Council via Resolution No. 2505; and
WHEREAS, the City must periodically add, revise, or delete job classifications to ensure the workforce structure aligns with operational needs, supports employee development, and reflects the tasks performed across departments; and
WHEREAS, the City conducted a review of the Community Preservation Specialist classification and determined that the single-level classification no longer meets the operational needs of the Community Preservation Division, and the City seeks to attract and retain exceptional talent to provide superior customer service to the community: and WHEREAS, the City seeks to provide advancement opportunities to employees; and WHEREAS, the City and the Newark Association of Miscellaneous Employees (NAME) engaged in good-faith meet-and-confer discussions and mutually agreed that establishing a twolevel classification, Community Preservation Specialist I and Community Preservation Specialist II, would enhance recruitment, retention, training, and promotional opportunity; and WHEREAS, the Community Preservation Specialist I/II class specification provides an updated and appropriate distinction between entry-level (CPS I) and journey-level (CPS II) duties; and
WHEREAS, the City Council finds it appropriate to amend the Classification Plan to delete the existing Community Preservation Specialist classification and add the Community Preservation Specialist I and Community Preservation Specialist II classifications; and WHEREAS, the City Council further finds it necessary to adjust the City’s personnel allocations in the 2024–2026 Biennial Budget by adding two full-time Community Preservation Specialist I/II positions and deleting two full-time Community Preservation Specialist positions, in order to implement the updated classification structure; and WHEREAS, the City Manager or designee has met and conferred in good faith with NAME regarding the establishment of the Community Preservation Specialist I/II classification and the related salary range; and
WHEREAS, the proposed Side Letter Agreement between the City and NAME, attached hereto and incorporated by reference, memorializes the agreed-upon addition of the Community Preservation Specialist I/II classification and salary range into the MOU; and WHEREAS, adoption of a revised salary range for the Community Preservation Specialist I/II classification requires amendment of the City’s Salary Schedule, in accordance with California Code of Regulations, Title 2, Section 570.5; and WHEREAS, the City Council has reviewed the recommended classification changes, personnel allocation adjustments, side letter agreement, and salary schedule amendment and finds them to be proper and in the best interests of the City.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Classification Plan adopted by Resolution 2505, and subsequently amended, is hereby amended to delete the classification of Community Preservation Specialist and to add the classifications of Community Preservation Specialist I/II attached hereto and incorporated herein by reference.

BE IT FURTHER RESOLVED that the 2024–2026 Biennial Budget and Capital Improvement Plan are hereby amended to add two full-time positions of Community Preservation Specialist I/II and delete two full-time positions of Community Preservation Specialist.

BE IT FURTHER RESOLVED that the City Council hereby approves and adopts the Side Letter Agreement between the City of Newark and the Newark Association of Miscellaneous Employees (NAME), effective December 21, 2025, and authorizes the City Manager to execute the agreement and make any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the Citywide Salary Schedule, effective December 21, 2025, to reflect the salary ranges for the Community Preservation Specialist I/II classification, as attached hereto.

Community Preservation Specialist I/II class specification Page 1 of 4 Community Preservation Specialist I/II
Class Specification
Created 12/25
Class ID: 200
Unit: NAME
Probation: 6 Months
FLSA: Non-Exempt

DEFINITION
Under general supervision, seeks public compliance with the City’s municipal, zoning, community preservation and nuisance, housing, and other codes through education and enforcement activities; investigates citizen complaints of public nuisances and quality of life issues, seeks voluntary compliance, issues citations and initiates abatement procedures; performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives supervision from the Community Preservation Manager. Exercises no direct supervision.

DISTINGUISHING CHARACTERISTICS
Community Preservation Specialist I - This is an entry level position in the Community Preservation Specialist series involving the enforcement of the City's ordinances and the abatement of nuisance conditions. Initially under close supervision, incumbents with basic experience learn City systems, operations, practices, and procedures. As experience is gained, assignments become more varied and are performed with greater independence. Assignments may vary with the skill and training of the incumbent. Positions at this level usually perform most of the duties required of the positions at the Community Preservation Specialist II level but are not expected to function at the same skill level and usually exercise less independent discretion and judgment in matters related to work procedures and methods.

Community Preservation Specialist II – This is a journey level classification in the Community Preservation Specialist series. Positions at this level are distinguished from the Community Preservation Specialist I level by performing the full range of duties as assigned, and the ability to work independently, exercising judgment and initiative. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise, are fully aware of the operating procedures and policies of the work unit, provide training and technical expertise to Community Preservation Specialist I, and may exercise lead direction over Community Preservation I staff.

Positions in the Community Preservation Specialist class series are flexibly staffed and positions at the II level are normally filled by advancement from the I level after gaining the knowledge, skill, and experience which meet the qualifications for and after demonstrating the ability to perform the work of the higher-level class.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Advise property owners and individuals requesting information on City and other code requirements.

Develop and implement effective public education strategies concerning codes and ordinances; assist in carrying out the City’s public outreach strategies; participate in neighborhood associations abatement initiatives.

Community Preservation Specialist I/II class specification Page 2 of 4 Work closely with homeowners, business and community groups to enhance and preserve the quality of neighborhoods through public relations, educational and code enforcement activities.

Receive and respond to complaints of violations of city codes and ordinances for residential, commercial and industrial property to an assigned geographic area in a professional manner.

Conduct field checks to uncover possible violations of City codes and ordinances including zoning, nuisance, property maintenance, and housing; contact responsible individuals in person and in writing; perform follow-up and regular field checks to ensure compliance with code requirements.

Prepare and issue citations, notices, and correspondence for infractions as provided by municipal code; coordinate potential application of available loan and grant programs; prepare and present code violation cases before appropriate commissions and City Council.

Prepare detailed written reports of all cases investigated and represent the City in court and other official proceedings; prepare case information for and present evidence at appeal hearings and other legal proceedings.

Manages caseload and related tasks; responds in a timely manner and in compliance with internal procedures, policies, and target response times.

Coordinate inspections and dispositions of cases with engineering, building, fire, planning, police, county health officials, and other agencies.

Explains, interprets, and makes presentations of ordinances, codes, laws, rules, and regulations to customers, residents, community groups, agencies, businesses, and other entities. Participate in community meetings or events.

May provide lead direction and review the work of assigned clerical staff and co-workers, as directed.

Perform related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Some knowledge of basic ordinances, Housing Code, abatement of nuisance conditions and related codes.
 Basic principles of land use planning.
 Investigation and research techniques and practices, as well as evidence collection and preservation.
 Methods and practices of effective public education and enforcement techniques.  Problem-solving and negotiating techniques.
 Technical report writing.
 Arithmetic and basic algebra.

Skill or Ability to:
 Read, comprehend, learn, and apply the City’s municipal, zoning, community preservation, nuisance, housing, and other codes, ordinances, and procedures.  Learn principles, practices, methods, and techniques of code enforcement and neighborhood preservation.
 Learn to prepare and present evidence and cases at hearings and judicial proceedings.  Analyze and compile technical information on code investigations and violations.  Interview, investigate, conduct research, and learn safety techniques and practices.

Community Preservation Specialist I/II class specification Page 3 of 4  Exercise sound judgment in potentially hazardous or dangerous situations.  Prepare clear, concise, complete, and accurate reports and letters.  Function under a heavy workload and high pressure to correctly prioritize assignments under these conditions.
 Obtain timely compliance with the City's regulations.  Operate personal computer applications relevant to assigned work.  Deal frequently with individuals in challenging and confrontational situations.  Prepares for community interactions by anticipating common questions and concerns, providing clear and accurate information about programs and processes, and ensuring resources are readily available to support residents effectively.  Communicate firmly, tactfully, and effectively both verbally and in writing with individuals from a variety of socio-economic and cultural backgrounds in difficult situations.  Work occasionally after hours and on weekends. Can effectively handle multiple projects and responsibilities simultaneously; Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.

Education and Experience:

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

Community Preservation Specialist I - Possession of a high school diploma or equivalent, and one (1) year of experience serving the public in enforcement, inspection or investigation of local, state, or federal codes and/or regulations in areas such as housing, building, zoning, environmental, vehicle and penal codes, or a similar field.

Community Preservation Specialist II - Possession of a high school diploma or equivalent, and two (2) years of experience performing code enforcement for a public agency at the level equivalent to a Community Preservation Specialist I with the City of Newark.

Bilingual skills are desirable.

License and Certificate:

Possession of a valid driver license and a satisfactory driving record throughout employment.

PHYSICAL DEMANDS
When assigned to an office environment, must possess mobility to work in a standard office setting and use standard office equipment, including a computer; vision to read printed materials, a computer screen, and to operate a motor vehicle and visit various city sites; and hearing and speech to communicate in person and over the telephone; ability to stand and walk between work areas may be required. Ability to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. When assigned to field inspection, must possess mobility to work in changing site conditions; possess the strength, stamina, and mobility to perform light to medium physical work; to sit, stand, and walk on level, uneven, or slippery surfaces; to reach, twist, turn, kneel, and bend, to climb and descend ladders; and to operate a motor vehicle and visit various city sites; possible entry into confined spaces and the use of confined entry equipment; vision to inspect site conditions and work in progress; color vision to identify hazards during inspections, The job involves fieldwork requiring frequent walking in operational areas to identify problems or hazards, with exposure to hazardous materials in some site locations. Willingness and ability to work emergency overtime and available on call, as required. Employees must possess the ability to lift, carry, push, and pull materials and objects averaging a weight of 25 pounds, or heavier weights, in all cases with the use of proper equipment and/or assistance from other staff.

Community Preservation Specialist I/II class specification Page 4 of 4

ENVIRONMENTAL CONDITIONS
Employees work partially in an office environment with moderate noise levels and controlled temperature conditions, and partially in the field and are occasionally exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives and contractors in interpreting and enforcing departmental policies and procedures.

Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Accountant 54.64 4,371.20 113,651.20 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.25 5,060.00 131,560.00 66.42 5,313.60 138,153.60 Accounting Assistant I 38.05 3,044.00 79,144.00 39.96 3,196.80 83,116.80 41.95 3,356.00 87,256.00 44.05 3,524.00 91,624.00 46.26 3,700.80 96,220.80 Accounting Assistant II 41.84 3,347.20 87,027.20 43.93 3,514.40 91,374.40 46.12 3,689.60 95,929.60 48.43 3,874.40 100,734.40 50.86 4,068.80 105,788.80 Accounting Technician I 44.27 3,541.60 92,081.60 46.49 3,719.20 96,699.20 48.81 3,904.80 101,524.80 51.25 4,100.00 106,600.00 53.81 4,304.80 111,924.80 Accounting Technician II 48.70 3,896.00 101,296.00 51.14 4,091.20 106,371.20 53.70 4,296.00 111,696.00 56.38 4,510.40 117,270.40 59.20 4,736.00 123,136.00 Administrative Assistant 44.15 3,532.00 91,832.00 46.35 3,708.00 96,408.00 48.67 3,893.60 101,233.60 51.11 4,088.80 106,308.80 53.66 4,292.80 111,612.80 Administrative Support Specialist I 34.48 2,758.40 71,718.40 36.20 2,896.00 75,296.00 38.01 3,040.80 79,060.80 39.92 3,193.60 83,033.60 41.90 3,352.00 87,152.00 Administrative Support Specialist II 37.63 3,010.40 78,270.40 39.51 3,160.80 82,180.80 41.49 3,319.20 86,299.20 43.56 3,484.80 90,604.80 45.74 3,659.20 95,139.20 Animal Control Officer 42.90 3,432.00 89,232.00 45.05 3,604.00 93,704.00 47.30 3,784.00 98,384.00 49.67 3,973.60 103,313.60 52.15 4,172.00 108,472.00 Assistant City Manager 126.92 10,153.60 263,993.60 152.31 12,184.80 316,804.80 Assistant Engineer-Civil 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.26 5,060.80 131,580.80 66.41 5,312.80 138,132.80 69.74 5,579.20 145,059.20 Assistant Maintenance Superintendent 70.65 5,652.00 146,952.00 84.78 6,782.40 176,342.40 Assistant Planner 51.64 4,131.20 107,411.20 54.22 4,337.60 112,777.60 56.93 4,554.40 118,414.40 59.77 4,781.60 124,321.60 62.76 5,020.80 130,540.80 Assistant to the City Manager 67.29 5,383.20 139,963.20 80.75 6,460.00 167,960.00 Associate Civil Engineer 66.44 5,315.20 138,195.20 69.75 5,580.00 145,080.00 73.24 5,859.20 152,339.20 76.90 6,152.00 159,952.00 80.75 6,460.00 167,960.00 Associate Planner 59.10 4,728.00 122,928.00 62.07 4,965.60 129,105.60 65.17 5,213.60 135,553.60 68.42 5,473.60 142,313.60 71.84 5,747.20 149,427.20 Building Inspector I 56.07 4,485.60 116,625.60 58.87 4,709.60 122,449.60 61.82 4,945.60 128,585.60 64.91 5,192.80 135,012.80 68.15 5,452.00 141,752.00 Building Inspector II 58.87 4,709.60 122,449.60 61.82 4,945.60 128,585.60 64.91 5,192.80 135,012.80 68.15 5,452.00 141,752.00 71.56 5,724.80 148,844.80 Building Maintenance Mechanic I 42.01 3,360.80 87,380.80 44.13 3,530.40 91,790.40 46.32 3,705.60 96,345.60 48.65 3,892.00 101,192.00 51.08 4,086.40 106,246.40 Building Maintenance Mechanic II 46.28 3,702.40 96,262.40 48.59 3,887.20 101,067.20 51.03 4,082.40 106,142.40 53.59 4,287.20 111,467.20 56.25 4,500.00 117,000.00 Chief Building Official 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Chief Information Officer/Information Technology Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Child Care Instructor 28.15 2,252.00 58,552.00 29.58 2,366.40 61,526.40 31.06 2,484.80 64,604.80 32.61 2,608.80 67,828.80 34.27 2,741.60 71,281.60 City Clerk 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 City Engineer 99.44 7,955.20 206,835.20 119.33 9,546.40 248,206.40 City Manager 175.45 14,036.00 364,936.00
Communications and Public Engagement Manager 77.91 6,232.80 162,052.80 93.49 7,479.20 194,459.20 Community Development Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Community Engagement Manager 70.65 5,652.00 146,952.00 84.78 6,782.40 176,342.40 Community Preservation Manager 77.91 6,232.80 162,052.80 93.49 7,479.20 194,459.20 Community Preservation Specialist I 46.75 3,740.00 97,240.00 49.09 3,927.20 102,107.20 51.54 4,123.20 107,203.20 54.12 4,329.60 112,569.60 56.83 4,546.40 118,206.40 Community Preservation Specialist II 51.43 4,114.00 106,964.00 54.00 4,319.92 112,317.92 56.69 4,535.52 117,923.52 59.53 4,762.56 123,826.56 62.51 5,001.04 130,027.04 Community Service Officer 43.39 3,471.20 90,251.20 45.55 3,644.00 94,744.00 47.83 3,826.40 99,486.40 50.22 4,017.60 104,457.60 52.74 4,219.20 109,699.20 Crime Analyst 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.26 5,060.80 131,580.80 66.41 5,312.80 138,132.80 69.74 5,579.20 145,059.20 Deputy Community Development Director 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Deputy Economic Development Director 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Deputy Finance Director 96.75 7,740.00 201,240.00 117.60 9,408.00 244,608.00 Engineering Technician I 48.39 3,871.20 100,651.20 50.81 4,064.80 105,684.80 53.35 4,268.00 110,968.00 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Engineering Technician II 51.82 4,145.60 107,785.60 54.41 4,352.88 113,174.88 57.13 4,570.52 118,833.62 59.99 4,799.05 124,775.31 62.99 5,039.00 131,014.07 Environmental Services Manager 77.91 6,232.80 162,052.80 93.49 7,479.20 194,459.20 Equipment Mechanic I 43.20 3,456.00 89,856.00 45.36 3,628.80 94,348.80 47.63 3,810.40 99,070.40 50.00 4,000.00 104,000.00 52.51 4,200.80 109,220.80 Equipment Mechanic II 47.56 3,804.80 98,924.80 49.93 3,994.40 103,854.40 52.44 4,195.20 109,075.20 55.06 4,404.80 114,524.80 57.82 4,624.80 120,244.80 Executive Assistant 49.07 3,925.60 102,065.60 51.52 4,121.60 107,161.60 54.10 4,328.00 112,528.00 56.80 4,544.00 118,144.00 59.64 4,771.20 124,051.20 Facilities Supervisor 63.84 5,107.20 132,787.20 67.03 5,362.40 139,422.40 70.39 5,631.20 146,411.20 73.90 5,912.00 153,712.00 77.59 6,207.20 161,387.20 Finance Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 General Laborer 31.40 2,512.00 65,312.00 32.98 2,638.40 68,598.40 34.63 2,770.40 72,030.40 36.37 2,909.60 75,649.60 38.18 3,054.40 79,414.40 Housing Policies and Programs Manager 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Human Resources Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Human Resources Technician 45.08 3,606.40 93,766.40 47.34 3,787.20 98,467.20 49.70 3,976.00 103,376.00 52.19 4,175.20 108,555.20 54.80 4,384.00 113,984.00 Information Technology Analyst 60.27 4,821.60 125,361.60 63.27 5,061.60 131,601.60 66.45 5,316.00 138,216.00 69.76 5,580.80 145,100.80 73.25 5,860.00 152,360.00 Range 24
Range 21
Range 16
Range 24
Range 14
Range 16
Range 20
Range 20
Range 20
Range 16
Range 24
Range 17
Range 17

CITY OF NEWARK
Salary Schedule Effective 12/21/25
Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Range 26
Range 14
Range 13
Range 20
Range 24
Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Information Technology Technician I 44.17 3,533.60 91,873.60 46.38 3,710.28 96,467.28 48.70 3,895.79 101,290.64 51.12 4,089.60 106,329.60 53.69 4,295.11 111,672.94 Information Technology Technician II 49.47 3,957.60 102,897.60 51.95 4,156.00 108,056.00 54.53 4,362.40 113,422.40 57.27 4,581.42 119,116.83 60.13 4,810.40 125,070.40 Junior Engineer-Civil 49.57 3,965.60 103,105.60 52.05 4,164.00 108,264.00 54.65 4,372.00 113,672.00 57.39 4,591.20 119,371.20 60.26 4,820.80 125,340.80 Landscape & Parks Maintenance Worker I 39.25 3,140.00 81,640.00 41.20 3,296.00 85,696.00 43.27 3,461.60 90,001.60 45.43 3,634.40 94,494.40 47.72 3,817.60 99,257.60 Landscape & Parks Maintenance Worker II 43.22 3,457.60 89,897.60 45.39 3,631.20 94,411.20 47.65 3,812.00 99,112.00 50.03 4,002.40 104,062.40 52.53 4,202.40 109,262.40 Landscape Inspector 40.33 3,226.40 83,886.40 42.34 3,387.20 88,067.20 44.46 3,556.80 92,476.80 46.68 3,734.40 97,094.40 49.02 3,921.71 101,964.44 Lead Childcare Instructor 32.40 2,592.00 67,392.00 34.01 2,720.80 70,740.80 35.73 2,858.40 74,318.40 37.52 3,001.60 78,041.60 39.38 3,150.59 81,915.40 Maintenance Superintendent 85.90 6,872.00 178,672.00 103.07 8,245.60 214,385.60 Maintenance Supervisor 63.84 5,107.20 132,787.20 67.03 5,362.40 139,422.40 70.39 5,631.20 146,411.20 73.90 5,912.00 153,712.00 77.59 6,207.20 161,387.20 Management Analyst I 51.64 4,131.20 107,411.20 54.23 4,338.40 112,798.40 56.93 4,554.40 118,414.40 59.78 4,782.40 124,342.40 62.76 5,020.80 130,540.80 Management Analyst II 57.38 4,590.40 119,350.40 60.25 4,820.00 125,320.00 63.26 5,060.80 131,580.80 66.42 5,313.60 138,153.60 69.74 5,579.20 145,059.20 Permit Technician 43.88 3,510.40 91,270.40 46.07 3,685.60 95,825.60 48.37 3,869.60 100,609.60 50.79 4,063.20 105,643.20 53.33 4,266.40 110,926.40 Police Captain 107.44 8,595.20 223,475.20 128.94 10,315.20 268,195.20 Police Chief 124.39 9,951.00 258,726.00 149.27 11,941.20 310,471.20 Police Lieutenant 92.78 7,422.40 192,982.40 111.33 8,906.40 231,566.40 Police Officer 63.11 5,048.80 131,268.80 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 Police Records Supervisor 48.39 3,871.20 100,651.20 50.80 4,064.00 105,664.00 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Police Sergeant 76.54 6,123.20 159,203.20 80.37 6,429.60 167,169.60 84.38 6,750.40 175,510.40 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 Police Support Services Manager 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Principal Civil Engineer 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Principal Planner 81.80 6,544.00 170,144.00 98.14 7,851.20 204,131.20 Property and Evidence Technician 41.85 3,348.00 87,048.00 43.94 3,515.20 91,395.20 46.13 3,690.40 95,950.40 48.45 3,876.00 100,776.00 50.87 4,069.60 105,809.60 Public Safety Clerk 40.83 3,266.40 84,926.40 42.87 3,429.60 89,169.60 45.01 3,600.80 93,620.80 47.26 3,780.80 98,300.80 49.63 3,970.40 103,230.40 Public Safety Dispatch Supervisor 57.90 4,632.00 120,432.00 60.79 4,863.20 126,443.20 63.83 5,106.40 132,766.40 67.03 5,362.12 139,415.09 70.37 5,629.60 146,369.60 Public Safety Dispatcher 50.09 4,007.20 104,187.20 52.60 4,208.00 109,408.00 55.22 4,417.60 114,857.60 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 Public Works Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Public Works Inspector 58.88 4,710.40 122,470.40 61.83 4,946.40 128,606.40 64.92 5,193.60 135,033.60 68.16 5,452.80 141,772.80 71.57 5,725.60 148,865.60 Recreation and Community Services Director 115.12 9,209.60 239,449.60 138.13 11,050.40 287,310.40 Recreation and Community Services Supervisor I 57.39 4,591.20 119,371.20 60.26 4,820.80 125,340.80 63.26 5,060.80 131,580.80 66.44 5,315.20 138,195.20 69.75 5,580.00 145,080.00 Recreation and Community Services Supervisor II 63.27 5,061.60 131,601.60 66.45 5,316.00 138,216.00 69.76 5,580.80 145,100.80 73.25 5,860.00 152,360.00 76.91 6,152.80 159,972.80 Recreation Coordinator 45.18 3,614.40 93,974.40 47.43 3,794.40 98,654.40 49.81 3,984.80 103,604.80 52.30 4,184.00 108,784.00 54.91 4,392.80 114,212.80 Red Light Photo Enforcement Technician 41.63 3,330.40 86,590.40 43.71 3,496.80 90,916.80 45.90 3,672.00 95,472.00 48.19 3,855.20 100,235.20 50.61 4,048.80 105,268.80 Senior Accountant 63.27 5,061.60 131,601.60 66.45 5,316.00 138,216.00 69.76 5,580.80 145,100.80 73.25 5,860.00 152,360.00 76.91 6,152.80 159,972.80 Senior Administrative Support Specialist 41.40 3,312.00 86,112.00 43.47 3,477.60 90,417.60 45.65 3,652.00 94,952.00 47.93 3,834.40 99,694.40 50.33 4,026.40 104,686.40 Senior Building Inspector 61.52 4,921.60 127,961.60 64.59 5,167.20 134,347.20 67.82 5,425.60 141,065.60 71.21 5,696.80 148,116.80 74.78 5,982.40 155,542.40 Senior Building Maintenance Mechanic 50.97 4,077.60 106,017.60 53.52 4,281.60 111,321.60 56.18 4,494.40 116,854.40 59.01 4,720.80 122,740.80 61.94 4,955.20 128,835.20 Senior Civil Engineer 78.40 6,272.00 163,072.00 82.32 6,585.60 171,225.60 86.44 6,915.20 179,795.20 90.77 7,261.60 188,801.60 95.28 7,622.40 198,182.40 Senior Equipment Mechanic 52.36 4,188.80 108,908.80 54.97 4,397.60 114,337.60 57.72 4,617.60 120,057.60 60.62 4,849.60 126,089.60 63.65 5,092.00 132,392.00 Senior Information Technology Analyst 66.44 5,315.20 138,195.20 69.75 5,580.00 145,080.00 73.24 5,859.20 152,339.20 76.90 6,152.00 159,952.00 80.75 6,460.00 167,960.00 Senior Landscape & Parks Maintenance Worker 47.59 3,807.20 98,987.20 49.97 3,997.60 103,937.60 52.48 4,198.40 109,158.40 55.09 4,407.20 114,587.20 57.84 4,627.20 120,307.20 Senior Landscape Inspector 47.59 3,807.20 98,987.20 49.97 3,997.60 103,937.60 52.48 4,198.40 109,158.40 55.09 4,407.20 114,587.20 57.84 4,627.20 120,307.20 Senior Management Analyst 66.02 5,281.60 137,321.60 69.33 5,546.40 144,206.40 72.79 5,823.20 151,403.20 76.43 6,114.40 158,974.40 80.25 6,420.00 166,920.00 Senior Planner 68.42 5,473.60 142,313.60 71.84 5,747.20 149,427.20 75.43 6,034.40 156,894.40 79.21 6,336.80 164,756.80 83.17 6,653.60 172,993.60 Senior Street Maintenance Worker 47.60 3,808.00 99,008.00 49.98 3,998.40 103,958.40 52.48 4,198.40 109,158.40 55.10 4,408.00 114,608.00 57.86 4,628.80 120,348.80 Strategic Initiatives Manager 85.90 6,872.00 178,672.00 103.07 8,245.60 214,385.60 Street Maintenance Worker I 39.25 3,140.00 81,640.00 41.20 3,296.00 85,696.00 43.27 3,461.60 90,001.60 45.43 3,634.40 94,494.40 47.72 3,817.60 99,257.60 Street Maintenance Worker II 43.22 3,457.60 89,897.60 45.38 3,630.48 94,392.48 47.65 3,812.00 99,112.00 50.03 4,002.40 104,062.40 52.53 4,202.40 109,262.40 Urban Forest Supervisor 55.75 4,460.00 115,960.00 58.54 4,683.20 121,763.20 61.47 4,917.60 127,857.60 64.54 5,163.20 134,243.20 67.78 5,422.40 140,982.40 Vehicle Abatement Officer 34.29 2,743.20 71,323.20 35.99 2,879.20 74,859.20 37.80 3,024.00 78,624.00 39.70 3,176.00 82,576.00 41.67 3,333.60 86,673.60 Range 17
Range 24
Range 24
Range 18
Range 18
Range 22 - CAP
Range 26 - CHIEF
Range 19 - LT
Range 17
Range 17

CITY OF NEWARK
Salary Schedule Effective 12/21/25
Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum

510.578.4267 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
Human Resources Department
37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees (NAME) From: David Benoun, City Manager
Brittney Frye, Human Resources Director
Subject: Side Letter of Agreement Between the City of Newark and the Newark Association of Miscellaneous Employees – Community Preservation Specialist I/II Date: December 12, 2025
This side letter of agreement is entered into by and between the City of Newark (“City”) and the Newark Association of Miscellaneous Employees (“NAME”) to modify language within the Memorandum of Understanding (“MOU”) covering the term July 1, 2025, through June 30, 2028. The purpose of this Side Letter is to update the classification structure within the bargaining unit by deleting the current Community Preservation Specialist classification and adding the classification of Community Preservation Specialist I/II.

WHEREAS the City seeks to establish the new classification of Community Preservation Specialist I/II; and WHEREAS, the City and NAME desire to have NAME serve as the sole and exclusive bargaining representative for the Community Preservation Specialist I/II position; and WHEREAS the Parties wish to enter into a side letter clarifying and memorializing the Parties’ agreement.

NOW, THEREFORE the Parties agree to amend the MOU to add the Community Preservation Specialist I/II classification and delete the Community Preservation Specialist Classification from Section V. and Attachment A.

The classification salary shall be as follows:

Classification Tier
Hourly Salary Steps
Step 1 Step 2 Step 3 Step 4 Step 5
Community Preservation Specialist I $46.75 $49.09 $51.54 $54.12 $56.83 Community Preservation Specialist II $51.43 $54.00 $56.69 $59.53 $62.51 City of Newark – Human Resources Department 2
This side letter will become effective on December 21, 2025, after approval by the City Council, and shall remain in effect for the duration of the MOU.

Dated:

For the City of Newark: For the Newark Association of Miscellaneous Employees:

David J. Benoun, City Manager Angela Montez, NAME President City of Newark – Human Resources Department 3
Item  D. 7.

DATE 12/11/2025
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Adopt a resolution accepting the Development Impact Fee Annual and Five-Year Report for the period ending June 30, 2025, and approving findings for each fee imposed by the City of Newark in compliance with the Mitigation Fee Act (Gov. Code §§ 66000 – 66008)
SUMMARY AND RECOMMENDATION
Assembly Bill (AB) 1600, codified in Government Code Sections 66000–66008 (the “Mitigation Fee Act”), establishes annual reporting and five-year review requirements for all development impact fees (DIFs). The Annual and Five-Year Development Impact Fee Report for the period ending June 30, 2025 provides the required disclosure of fee balances, revenues, interest/fair-market-value adjustments, and expenditures for Fiscal Years 2017-18 through 2024-25.

Staff recommends that the City Council accept the report and adopt a resolution making the required findings for each DIF. Acceptance of this report maintains statutory compliance.

BACKGROUND
The Mitigation Fee Act (Gov. Code §§ 66000–66008) authorizes cities to impose development impact fees to mitigate the effects of new development on public infrastructure and services. The Act requires agencies to prepare (1) an annual report within 180 days of each fiscal year-end and (2) five-year findings for any unexpended fee balances.

These reports must disclose beginning and ending balances, fees collected, interest and fair-market-value adjustments, expenditures by project, and any interfund loans.

Five-year findings must also reaffirm the purpose of each fee, demonstrate the reasonable relationship between the fee and planned improvements, and identify remaining funding needs and approximate timelines.

The attached Annual and Five-Year Development Impact Fee Report consolidates these requirements for all DIF programs for Fiscal Year 2017-18 through Fiscal Year 2024-25, improving transparency and simplifying City Council review compared to prior years’ separate schedules.

DISCUSSION/ANALYSIS
Under AB1600, Government Code Section 66006(b), each Development Impact Fee (DIF) account or fund established under the Mitigation Fee Act must submit an annual report within 180 days after the fiscal year’s end.

This report is required to include:

A brief description of the fee program.

Found in the discussion section for each fee.

1. The amount of the fee.

Found in the discussion section for each fee.

2. Beginning and ending balances of the fee program.

Annual balances are found in the Summary of Fund Revenue & Expenditures for each DIF.

3. Amount of fees collected, interest earned, and transfers/loans.

Annual balances are found on the Summary of Fund Revenue & Expenditures for each DIF and identification of each public improvement.

4. The expenditures on each project. The total percentage of the cost of the public improvements is funded by development impact fees.

Project detail, when available, is found in the Summary of Expenditures for each DIF. The percentage of the cost that was funded with fees is 100% unless otherwise stated.

5. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of public improvement.

This information is provided in the Nexus reports in the Appendices.

6. A description of each interfund transfer or loan from the account or fund, specifying the public improvement for which the fees will be used. For interfund loans, this includes the repayment date and applicable interest rate.

No loans are covered by new revenues.

7. The number of refunds made to property owners.

This section does not apply.

8. This report, prepared in accordance with Government Code Section 66006(b)(1), provides an overview of each fee account, summarizing the beginning and ending balances, fees collected, interest earned, and expenditures for Fiscal Year 2024-25.

Beginning and Ending Balances of Funds (Sec. 66006(b)(1)(C)) The table below shows the beginning and ending balances for each fee account.

Ending balances were calculated by adding the collected fees and interest to each account and subtracting expenditures. Detailed information on fees collected, interest earned, and expenditures for each account is provided in subsequent sections of this report.

Balances Public
Safety
Community
Service
Transportation
Facilities
Housing
Impact
Park
Impact
Facilities Facilities
Beginning
Balance
(7/1/24)
$1,590,278 $1,093,624 $12,887,269 $33,592,065 $7,725,992 Ending
Balance
(6/30/25)
$1,817,513 $1,277,558 $13,501,071 $36,368,784 $8,728,274 Fees Collected and Interest Earned (Sec. 66006(b)(1)(D)) The table below shows the total fees collected and interest earned for each account in Fiscal Year 2024-25.

Balances Public
Safety
Facilities
Community
Service
Facilities
Transportation Facilities Housing
Impact
Park
Impact
Fees
Collected
$157,608 $134,968 $431,131 $1,379,001 $862,064
Interest
Earned/FMV*
$69,628 $48,967 $537,219 $1,416,735 $333,886
* Includes interest earnings and unrealized fair-market-value (FMV) gains or losses in accordance with GASB reporting requirements.

Expenditures (Sec. 66006(b)(1)(E))
This section identifies each public improvement funded by DIFs, including the total amount expended and the percentage of the project cost covered by these fees.

Improvement Fee Used Amount of
Fees Expended
Percent of Cost
Funded By Fees to
Date
CIP001014 - Central Avenue
Overpass Project Development
Phase I
Transportation $ 305,512 100%
CIP001361 - Traffic Signal
Interconnect
Transportation $ 49,037 100%
In-House Homeless
Management Info. System
(HMIS) Match
Housing $ 3108 100%
Affordable Housing Program
Management Services
Housing $ 15,909 100%
Parks Master Plan Park $ 70,565 100%
CIP001272 - Citywide Parks
Signage Program – Phase 1
Park $ 19,851 100%
CIP001273 - Mel Nunes
Sportsfield Park Softball Outfield
Net
Park $ 28,450 100%
CIP001338 - Cricket Pitch
feasibilty analysis
Park $ 4,473 100%
CIP001339 - Mel Nunes
Sportsfield Park
Park $ 70,331 100%
The city also collects other fees, such as the Community Development Maintenance fee and the Art In Public Places fee from developers at the building permit stage.

Balances Community Development
Maintenance Fee
Art In Public
Places Fee
Beginning Balance $4,262,151 $1,952,555
Fees Collected/Investment
Earnings
$797,078 $105,412
Expenditures $1,357,835 $224,531
Ending Balance $3,701,394 $1,833,436
Five-Year Findings (Gov. Code Section 66001(d))
In compliance with Government Code Section 66001(d), this report also includes five-year findings for Fiscal Year 2017-18 through Fiscal Year 2024-25 for any unexpended funds. These findings address:

1. The purpose of the fee expenditure.

2. The reasonable relationship between the fee and the purpose used.

All sources and amounts of funding anticipated to complete financing for incomplete improvements.

3. The approximate dates on which the funding referred to in subparagraph (3) above are deposited into the appropriate account or fund.

4. These findings are included in the attached DIF report for City Council review.

FISCAL IMPACT
There is no fiscal impact associated with this action. The report summarizes prior-year There is no fiscal impact associated with this action. The report summarizes prior-year activity already recorded in the City’s financial system. Acceptance of the report does not authorize new appropriations or expenditures.

REVIEW AND APPROVAL
Prepared by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - Lenka Hovorka, Assistant City Manager
Attachments
Resolution - Development Impact Fees
Exhibit_1_Five-Year DIF Report_June 30, 2025
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK, CALIFORNIA, ACCEPTING THE DEVELOPMENT

IMPACT FEE ANNUAL AND FIVE-YEAR REPORT FOR THE
PERIOD ENDING JUNE 30, 2025, AND MAKING FINDINGS

AS REQUIRED BY THE MITIGATION FEE ACT
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Newark (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed a Public Safety Impact Fee, Community Service Impact Fee, Transportation Impact Fee, Residential and Non-Residential Housing Impact Fee and Park Impact Fee (collectively, the “Fees”); and WHEREAS, the City has deposited all Fees in separate non-commingled funds (“Funds”) established for such a purpose; and
WHEREAS, pursuant to California Government Code Section 66006(b), the City is required to prepare an annual report providing the following information about each Fee:

1. A brief description of the fee program.

2. The amount of the fee.

3. Beginning and ending balances of the fee program.

4. Amount of fees collected, interest earned, and transfers/loans.

5. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees.

6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement.

7. A description of each interfund transfer or loan from the account or fund, specifying the public improvement for which the fees will be used. For interfund loans, this includes the repayment date and applicable interest rate.

8. The number of refunds made to property owners.

WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information (“Annual Report”) required by the Mitigation Fee Act related to each of the Fees; and WHEREAS, the Mitigation Fee Act further requires that the City of Newark conduct a comprehensive review every five years, with findings for each DIF account that remains unexpended, addressing:

1. The purpose of the fee expenditure.

2. The reasonable relationship between each fee and its intended purpose.

3. All anticipated sources and amounts of funding to complete financing for any incomplete improvements.

4. The approximate dates on which funding is expected to be deposited into the appropriate account or fund.

WHEREAS, the Development Impact Fee Annual and Five-Year Report for the period ending June 30, 2025, has been prepared by staff in compliance with the Mitigation Fee Act, covering Fiscal Years 2017-18 through 2024-25. This consolidated report includes the annual and five-year findings required by Government Code Sections 66006(5) and 66001(d), has been made publicly available at least fifteen days before this meeting, and is attached as Exhibit No. 1; and WHEREAS, the City Council must adopt a resolution making certain findings in the event that any Development Impact Fees remain unexpended for more than five years and thus this resolution serves to meet that requirement; and
WHEREAS, notice of the meeting at which this resolution was considered by the City Council was provided to those on record with the City Clerk requesting such notice.

NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and incorporated herein.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby finds and determines as follows:

1. In accordance with Government Code Section 66006(b), the City Council has reviewed and approves the Annual and Five-Year Development Impact Fee Report for the period ending June 30, 2025, which is attached to this Resolution as Exhibit 1, and is also placed on file with the City Clerk.

2. The City Council makes the findings required by Government Code Section 66001(d), as set forth in the Annual and Five-Year Development Impact Fee Report for the period ending June 30, 2025, which is attached to this resolution as Exhibit 1, and is also placed on file with the City Clerk.

3. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby determines that the reports comply with the requirements of Assembly Bill 1600.

City Of Newark
Development Impact Fee
Annual and Five-Year Report
as of June 30, 2025
Overview and Legal Requirements for Development Impact Fee Reporting The following is a definition of development impact fees (DIFs) written for the League of California Cities - City Attorney Department:
"A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project (Gov. Code § 66000(b).) The legal requirements for enactment of development impact fee program are set forth in Government Code §§ 66000 66025 (the 'Mitigation Fee Act'), the bulk of which were adopted as 1987's AB 1600 and thus are commonly referred to as 'AB 1600 requirements.' A development impact fee is not a tax or special assessment; by its definition, a fee is voluntary and must be reasonably related to the cost of the service provided by the local agency. If a development impact fee does not relate to the impact created by development or exceeds the reasonable cost of providing the public service, then the fee may be declared a special tax and must then be subject to a two-thirds voter approval. (Cal. Const., Art. XIII A, § 4.)"1
Government Code Sections 66000 through 66008 are found in Appendix A of the Initial Report.

For each account or fund established under the Mitigation Fee Act, the following information is required to be reported annually within 180 days after the end of the fiscal year: (The following is a paraphrase of GC § 66006(b)(1) with actions taken.)

1. A brief description of the fee program.
• Found in the discussion section for each fee.

2. The amount of the fee.
• Found in the discussion section for each fee.

3. Beginning and ending balances of the fee program.
• Annual balances found on the Summary of Fund Revenue & Expenditures for each DIF.

4. Amount of fees collected, interest earned, and transfers/loans. • Annual balances found on the Summary of Fund Revenue & Expenditures for each DIF. An identification of each public improvement.

5. The expenditures on each project. The total percentage of the cost of the public improvement is funded with development impact fees.
• Project detail, when available, is found in the Summary of Expenditures for each DIF. The percentage of the cost that was funded with fees is 100% unless otherwise stated.
1 A Short Overview of Development Impact Fees, Brown, Peter N. & Lyons, Graham, League of California Cities, 2003 1 6. A description of each interfund transfer or loan. The date the loan will be repaid, the rate of interest, and a description of the public improvement. • This information is provided in the Nexus reports in the Appendices.

7. A description of each interfund transfer or loan from the account or fund, specifying the public improvement for which the fees will be used. For interfund loans, this includes the repayment date and applicable interest rate.
• No loans covered by new revenues

8. The number of refunds made to property owners.
• This section does not apply
This report provides a five-year summary of the City of Newark’s development impact fee programs, in compliance with Government Code Section 66001. Every five years after the initial deposit into the fund, additional findings are required. This report includes those findings for Fiscal Years (FY) 2017-18 through 2024-25. City staff are currently undertaking a new Development Impact Fee Study for 2026, which will address the following statutory requirements:

1. The purpose of the fee expenditure.

2. The reasonable relationship between the fee and the purpose used.

3. All sources and amounts of funding anticipated to complete financing in incomplete improvements.

4. The approximate dates on which the funding is referred to in subparagraph (3) above are deposited into the appropriate account or fund.

The supporting documents for this report have been added to the appendices at the end of the report. The appendices contain the following documents:
• Appendix A: Resolution No. 11,751
• Appendix B: Resolution No. 8051
• Appendix C: Public Safety and Community Service Facilities Development • Impact Fee Nexus Study
• Appendix D: Resolution No. 10,633
• Appendix E: Resolution No. 10,634
• Appendix F: City of Newark Transportation Impact Fee Nexus Study • Appendix G: Resolution No. 10,635
• Appendix H: Resolution No. 8802
• Appendix I: Newark Affordable Housing Fee Study
• Appendix J: Resolution No. 10,184
• Appendix K: Residential Nexus Analysis, Newark, California • Appendix L: Resolution No. 10,132
• Appendix M: Resolution No. 10505
2 • Appendix N: Park and Recreation Facility Development Impact Fee Study More detailed information on the various development impact fee programs is available.

Master plans, the City’s Biennial Budget and Capital Improvement Plan are all made public on the City’s website.

The City does not earmark impact fees for any specific project as revenues come in. This report is accurate as of the time of publication. Any proposed plans are subject to change based on City Council action.

Summary of Findings
The following summarizes the findings of this Report:

1. FINDING #1 - Given the length of time between the last DIF updates, the City Council should consider a general update to all the Nexus Reports and DIFs.

Response: City Staff is conducting a comprehensive Development Impact Fee (DIF) Study for 2026, which will update all Nexus Reports and DIFs to reflect current costs, align with growth projections, and comply with legal requirements. The study will assess existing fees, ensure equitable allocation across development types, and integrate recent legislation to maintain compliance with the Mitigation Fee Act.

2. FINDING #2 - Revenue and Cost Specialists (RCS), the City’s Development Impact Fee study consultant, recommends establishing a separate Park Development Impact Fee (DIF) specifically for fees that meet Quimby Act requirements. Quimby Act fees should be maintained in a distinct fund, separate from revenue generated under the Mitigation Fee Act, as Quimby Act funds uniquely allow for the rehabilitation of existing parks.

Response: The 2026 Development Impact Fee Update and Nexus Studies will evaluate whether adopting a Quimby Act–based park dedication and fee program is appropriate for Newark. The City has not yet decided whether to implement Quimby. The study will compare the Quimby Act and Mitigation Fee Act frameworks and identify which option best supports the City’s parkland and recreational facility needs. If Quimby is recommended, the study will outline requirements for establishing a separate Quimbyeligible fee and account. If not, updated Park Development Impact Fees will be provided under the Mitigation Fee Act. This approach maintains policy flexibility while ensuring a data-driven, compliant funding strategy.

3. FINDING #3 - Based on this Five-Year Report, it is clear that the DIFs have been committed or spent within the five-year period required by law.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 3 Overall Summary Schedule of Revenues & Expenditures
The schedule on the following page shows all of the DIFs.

Detail for Individual DIFs
The detail for each fee follows the Summary Schedule in sequence by fund number:

Fund 620 - Public Safety Impact Fee Fund.............................................................. 6 Fund 621 - Community Service Impact Fee Fund................................................. 11 Fund 622 - Transportation Impact Fee Fund ........................................................ 16 Fund 401 - Non-Residential Housing Impact Fee Fund ........................................ 21 Fund 403 - Affordable Housing Impact Fee Fund ................................................. 26 Fund 623 - Residential & Non-Residential Housing Impact Fee Fund.................. 31 Fund 624 - Park Impact Fee Fund ......................................................................... 37 Appendices ............................................................................................................ 42 4 5
PUBLIC SAFETY FACILITIES FUND (620)
6 Overview
The City established a Public Safety Impact Fee with Resolution No. 8051 (Appendix B), which was adopted on July 27, 2000. The adopted fees were effective on September 26, 2000. The fees were based on the Newark Impact Fee Study report, dated July 2000.

The enabling Resolution stated, "…The purpose of the Capital Facilities Fee isto provide adequate capital facilitiesimprovementsto serve new development in the City.” (Res. No. 8051, Sec. 3).

In FY 2016-17,the City adopted Resolution No. 10,633 (Appendix D), updating the Public Safety Impact Fees to reflect the change in cost between 2000 and 2017. Resolution 10,633 was adopted on May 25, 2017, and the fees became effective 60 days later. Inclusion of the Keyser Marston Associates, Public Safety and Community Service Facilities Development Impact Fee Nexus Study (Appendix C) in Resolution 10,633 identifies the Public Safety development-related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The 2017 Keyser Marston Associates Nexus Study indicated that the total for Public Safety development-related projects would cost $42,808,380 in FY 2016-17 dollars.

Beginning in FY 2017-18 and ending in FY 2024-25, the City has collected, with interest, $5,397,910, or about 13% of the $42.8 million cited in the Keyer Marston Associates Nexus Study.

Since the inception of the Development Impact Fee (DIF), the City has periodically adjusted the fee using the Engineering News-Record to account for inflation and increasing City costs. In FY 2024-25, the fee decreased slightly by 0.9% based on the San Francisco Engineering News Record Construction Cost Index and was incorporated as part of the Master Fee Schedule Update. Each time the DIF was updated, the City established the revised fee through a resolution. Resolution No. 11,751 (Appendix A), adopted on June 12, 2025, is the most recent resolution by the City Council, setting the DIF at its current rate.

Public Safety DIF Expenditures
The schedule on the next page hastwo parts. The top partshowsthe projects associated with this fund. Prior to FY 2020-21, the Public Safety DIF was accounted for under the Capital Projects Fund (401). After FY 2020-21, the Public Safety DIF was accounted for in its own fund, the Public Safety FacilitiesImpact Fee Fund (620). The total expenditure for Public Safety DIF projects as of June 30, 2025, was $4,831,845.

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to assure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
7 8
Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.

Response: City Staff is conducting a comprehensive Development Impact Fee (DIF) Study for 2026, which will update all Nexus Reports and DIFs to reflect current costs, align with growth projections, and comply with legal requirements. The study will assess existing fees, ensure equitable allocation across development types, and integrate recent legislation to maintain compliance with the Mitigation Fee Act.

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 9 10

COMMUNITY SERVICE FACILITIES FUND
(621)
11 Overview
The City established a Community Service Facilities Impact Fee with Resolution No. 8051, which was adopted on July 27, 2000. The adopted fees were effective on September 26, 2000. The fees were based on the Newark Impact Fee Study report, dated July 2000.

The enabling Resolution stated, "…The purpose of the Capital Facilities Fee isto provide adequate capital facilitiesimprovementsto serve new development in the City.” (Res. No. 8051, Sec. 3).

In 2017, the City adopted Resolution No. 10,634 (Appendix E), updating the Community Service Facilities Impact Fees to reflect the change in cost between 2000 and 2017. Resolution 10,634 was adopted on May 25, 2017, and the fees became effective 60 days later. Inclusion of the Keyser Marston Associates, Public Safety and Community Service Facilities Development Impact Fee Nexus Study (Appendix C) in Resolution 10,634 identifies the Community Service Facilities development-related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The 2017 Keyser Marston Associates Nexus Study indicated that the total for Community Service Facilities development-related projects would cost $72,890,220 in FY 2016-17 dollars.

Beginning in FY 2017-18 and ending in FY 2024-25, the City collected, with interest, $4,414,509, or about 6% of the $72.9 million cited in the Keyer Marston Associates Nexus Study.

Since the inception of the Development Impact Fee (DIF), the City has periodically adjusted the fee using the Engineering News-Record to account for inflation and increasing City costs. In FY 2024-25, the fee decreased slightly by 0.9% based on the San Francisco Engineering News Record Construction Cost Index and was incorporated as part of the Master Fee Schedule Update. Each time the DIF was updated, the City established the revised fee through a resolution. Resolution No. 11,751 (Appendix A), adopted on June 12, 2025, is the most recent resolution by the City Council, setting the DIF at its current rate.

Community Service Facilities DIF Expenditures
The schedule on the next page hastwo parts. The top partshowsthe projects associated with this fund. Prior to FY 2020-21, the Community Service Facilities DIF was accounted for under the Capital Projects Fund (401). After FY 2020-21, the Community Service Facilities DIF was accounted for in its own fund, the Community Service Facilities Impact Fee Fund (621). The total expenditure for Community Service Facilities DIF projects as of June 30, 2025, was $5,738,188.

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to ensure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
12 13
Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.

Response: City Staff is conducting a comprehensive Development Impact Fee (DIF) Study for 2026, which will update all Nexus Reports and DIFs to reflect current costs, align with growth projections, and comply with legal requirements. The study will assess existing fees, ensure equitable allocation across development types, and integrate recent legislation to maintain compliance with the Mitigation Fee Act.

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 14 15
TRANSPORTATION FUND (622)
16 Overview
The City established a Transportation Impact Fee with Resolution No. 8051, which was adopted on July 27, 2000. The adopted fees were effective on September 26, 2000. The fees were based on the Newark Impact Fee Study report, dated July 2000.

The enabling Resolution stated, "…The purpose of the Capital Facilities Fee isto provide adequate capital facilitiesimprovementsto serve new development in the City.” (Res. No. 8051, Sec. 3).

In 2017, the City adopted Resolution No. 10,635 (Appendix G), updating the Transportation Impact Fees to reflect the change in cost between 2000 and 2017. Resolution 10,635 was adopted on May 25, 2017, and the fees became effective 60 days later. Inclusion ofthe Hexagon Transportation Consultants, City ofNewark Transportation Impact Fee Nexus Study (Appendix F) in Resolution 10,635 identifies the Transportation development-related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The Hexagon Transportation Consultants Nexus Study from 2017 indicated that the total for Transportation development-related projects would cost $30,877,000 in FY 2016-17 dollars.

Beginning in FY 2017-18 and ending in FY 2024-25, the City has collected, with interest, $11,588,480, or about 38% of the $30.9 million cited in the Keyer Marston Associates Nexus Study.

Since the inception of the Development Impact Fee (DIF), the City has periodically adjusted the fee using the Engineering News-Record to account for inflation and increasing City costs. In FY 2024-25, the fee decreased slightly by 0.9% based on the San Francisco Engineering News Record Construction Cost Index and was incorporated as part of the Master Fee Schedule Update. Each time the DIF was updated, the City established the revised fee through a resolution. Resolution No. 11,751 (Appendix A), adopted on June 12, 2025, is the most recent resolution by the City Council, setting the DIF at its current rate.

Transportation DIF Expenditures
The schedule on the next page hastwo parts. The top partshowsthe projects associated with thisfund. Prior to FY 2020-21, the Transportation DIF was accounted for under the Capital Projects Fund (401). After FY 2020-21, the Transportation DIF was accounted for in its own fund, the Transportation Impact Fee Fund (622). The total expenditure for Transportation DIF projects as of June 30, 2025, was $1,716,133.

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to ensure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
17 18
Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.

Response: City Staff is conducting a comprehensive Development Impact Fee (DIF) Study for 2026, which will update all Nexus Reports and DIFs to reflect current costs, align with growth projections, and comply with legal requirements. The study will assess existing fees, ensure equitable allocation across development types, and integrate recent legislation to maintain compliance with the Mitigation Fee Act.

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 19 20
NON-RESIDENTIAL HOUSING FUND (401)
21 Overview
The City established a Non-Residential Housing Fee with Resolution No. 8802 (Appendix H), adopted on May 27, 2004. The adopted fees were effective 60 days later. Inclusion of the Economic Planning and System 2004 Newark Affordable Housing Fee Study (Appendix I) in Resolution 8802 identifies the Non-Residential Housing development- related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

The enabling Resolution stated, "… the City of Newark hired Economic and Planning Systems to prepare an Affordable Housing Fee Study, dated April 2004, which: (1) examined the amount of subsidy needed to produce housing units affordable to moderate, low, and very low-income households; (2) found a clear nexus between the development of nonresidential land uses and the number of housing units that will be needed to accommodate for very low, low, and moderate-income households as a result of the development…” (Res. No. 8802).

Economic Planning and Systems Affordable Housing Study indicated that the total NonResidential Housing subsidy would be $12.4 million in FY 2023-04 dollars.

Beginning in FY 2017-18 and ending in FY 2019-20, the City has collected, with interest, $39,194, or about 0.32% of its goal.

In FY 2020-21, the Non-Residential and Inclusionary Housing Impact Fees were consolidated into Fund 623, with the Non-Residential Fee fund balance transferred into Fund 623.

Non-Residential DIF Rate History
The following schedule shows the history of this fee:

Resolution No.
8802
Office/Commercial (per sq. ft.) $2.65
Manufacturing/Research & Industrial (per sq. ft.) $0.49 22 Non-Residential Housing DIF Expenditures
The schedule on the next page hastwo parts. The top partshowsthe projects associated with thisfund. Priorto FY 2020-21,the Non-ResidentialDIF was accounted for underthe Capital Projects Fund (401) project IHF. There was a total of $6,852 in expenditures from the NonResidential Housing Fund between FY 2017-18 and FY 2019-20. After FY 2020-21, the NonResidential Housing DIF was combined with the Inclusionary Housing DIF into Fund (623).

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to ensure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
23 Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Given that about 0.32% of the original revenue goal has been collected over the five yearsthisreportspans and considering thatthe revenue generated by this DIF is only generated by non-residential development, the combining of the Affordable and NonResidential Housing Funds seems both prudent and appropriate.

Response: Combining the Affordable and Non-Residential Housing Funds appears to be a logical and efficient approach. This approach allows for a more flexible and unified allocation of resources, ensuring that limited revenues are maximized for impact. Given the financial constraints, merging the funds supports prudent financial stewardship and aligns with our goal of efficient resource

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 24 25
AFFORDABLE HOUSING FUND (403)
26 Overview
The City established the Inclusionary Housing Fee (Affordable Housing Fee) with Resolution No. 8802, adopted on May 27, 2004. The adopted fees were effective 60 days later. Inclusion of the Economic Planning and System 2004 Newark Affordable Housing Fee Study in Resolution 8802 identifies the Non-Residential Housing development- related projects. It also acts as a mechanism to commit the revenues generated by the DIF to these projects.

Resolution No.10,184 (Appendix J), adopted on April 10, 2014, revised the fee to reflect an initial charge for residential units based on the first 1,000 square feet constructed and another fee based on all square footage after the first 1,000 square feet of construction. The updated Affordable Housing nexus was demonstrated and supported by the Keyser Marston Associates 2014 Residential Nexus Analysis, Newark, California Report (Appendix K), included in Resolution No. 10,184.

The enabling Resolution stated, "… the City Council has considered the Residential Nexus Analysis, Newark, California" dated March 2014 and prepared by Keyser- Marston Associates, Inc. ( the " Nexus Study "), which study demonstrates that, to fully mitigate the burdens created by new market-rate units in residential projects on the need for very low, low, and moderateincome housing, a housing impact fee of $23.80 to $ 35.60 per square foot of new market-rate development would be needed, or from 12 percent to 21 percent of units in each residential development would need to be affordable to very low, low, and moderate–income households…” (Res. No. 10,184)
Beginning in FY 2017-18 and ending in FY 2019-20, the City has collected, with interest, $12,216,501.

In FY 2020-21, the Non-Residential and Inclusionary Housing Impact Fees were consolidated into Fund 623, with the Non-Residential Fee fund balance transferred into Fund 623.

Affordable Housing DIF Rate History
The following schedule shows the history of this fee:

Resolution No.
8802
Resolution No.
10,184
Market Rate Unit $6,704 N/A
First 1,000 sq. ft. floor area/unit N/A $20.00/sq. ft.

All sq. ft. over 1,000 sq. floor area/unit N/A $8.00/ sq. ft. 27 Affordable Housing DIF Expenditures
The schedule on the next page hastwo parts. The top partshowsthe projects associated with this fund. Prior to FY 2020-21, the Affordable Housing DIF was accounted for under the Affordable Housing Fund (403) project ILF. There was no expenditure from the Affordable Housing Fund between FY 2017-18 and FY 2019-20. After FY 2020-21, the Non-Residential Housing DIF was combined with the AffordableHousing DIF into Fund (623).

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to ensure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
28 Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Based on the relationship between the Non-Residential and Affordable Housing DIFs and considering that the revenue generated from theAffordable Housing DIF can only be generated from residential dwelling units, combining these funds appears prudent and appropriate.

Response: Combining the Affordable and Non-Residential Housing Funds appears to be a logical and efficient approach. This approach allows for a more flexible and unified allocation of resources, ensuring that limited revenues are maximized for impact. Given the financial constraints, merging the funds supports prudent financial stewardship and aligns with our goal of efficient resource

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 29 30

RESIDENTIAL AND NON-RESIDENTIAL
HOUSING FUND (623)
31 Overview
As noted earlier in this report, before FY 2020-21, the City had two separate Housing Impact Fee Funds, the Non-Residential Housing Fund (401) and the Affordable Housing Fund (403). After FY 2020-21, these funds were combined into the Residential and Non-Residential Housing Fund (623).

The enabling Resolution stated, "… the City of Newark hired Economic and Planning Systems to prepare an Affordable Housing Fee Study, dated April 2004, which: (1) examined the amount of subsidy needed to produce housing units affordable to moderate, low, and very low-income households; (2) found a clear nexus between the development of nonresidential land uses and the number of housing units that will be needed to accommodate for very low, low, and moderate-income households as a result of the development…” (Res. No. 8802).

Beginning in FY 2020-21 and ending in FY 2024-25, after combining the balances from the Affordable Housing and Non-Residential Funds, the City has collected, with interest, $26,962,939.

Since the inception of the Development Impact Fee (DIF), the City has periodically adjusted the fee using the Engineering News-Record to account for inflation and increasing City costs. In FY 2024-25, the fee decreased slightly by 0.9% based on the San Francisco Engineering News Record Construction Cost Index and was incorporated as part of the Master Fee Schedule Update. Each time the DIF was updated, the City established the revised fee through a resolution. Resolution No. 11,751 (Appendix A), adopted on June 12, 2025, is the most recent resolution by the City Council, setting the DIF at its current rate.

Affordable and Non-Residential Housing DIF Expenditures The schedule on the next page hastwo parts. The top partshowsthe projects associated with this fund. The total expenditure for the Affordable and Non-Residential Housing DIF projects as of June 30, 2025, was $164,510.

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to ensure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
32 33
Affordable Housing Loans
The City issued three loans from the Housing Impact Fees Fund to support the construction of affordable housing projects: Cedar Community Apartments ($6,000,000), Thornton Avenue Apartments ($3,727,515), and Timber Street (Senior Housing) ($2,765,000).

These loans are reflected as Loans Receivable on the Housing Impact Fees Fund balance sheet and represent an eligible use of housing impact fee revenues for capital-related costs consistent with the City’s Housing Impact Fee ordinance and nexus requirements. The loans are expected to be repaid and therefore are not recorded as permanent expenditures of the fund. 34 Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Combining these funds appears prudent and appropriate Based on the relationship between the Non-Residential and Affordable Housing DIFs.

Response: Combining the Affordable and Non-Residential Housing Funds appears to be a logical and efficient approach. This approach allows for a more flexible and unified allocation of resources, ensuring that limited revenues are maximized for impact. Given the financial constraints, merging the funds supports prudent financial stewardship and aligns with our goal of efficient resource

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 35 36
PARK FUND (624)
37 Overview
The City established a park Impact Fee with Resolution No. 5799. In 2013, the City adopted Resolution No. 10,132 (Appendix L) to rescind Resolution No. 5799. Resolution No. 10,132 introduced a single residential fee to the Park Impact Fees. The Nexusreport used to support the fees was created by the City.

In 2016, Resolution No. 10505 (Appendix M) was adopted, and the Park Impact Fees were again updated. The 2016 Park Impact Fee update created different fees between single and multifamily residential units. It also differentiated between residential dwelling units that dedicated land to the City’s parks versus those that did not.

The Park Impact Fees for Resolution No. 10505 were based on the Keyer Martson Associates Park and Recreation Facility Development Impact Fee Study (Appendix N), dated May 2016. The Park development-related projects can be found in this Nexus Report. The report also acts as a mechanism to commit the revenues generated by the DIF to these projects. It should also be noted that the Keyer Martson Associates Study is based on the Mitigation Fee Act and not the Quimby Act.

The enabling Resolution stated, "…the existing ParksImpact Fee isinsufficient, outdated, and needs to be brought into conformity with current conditions in the City...” (Res. No. 10505).

The 2016 Keyer Martson Associates Park Impact Fee Study indicated that the total for Park development-related projects would cost $41,186,719 in FY 2015-16 dollars.

Beginning in FY 2017-18 and ending in FY 2024-25, the City has collected, with interest, $9,970,610, or about 24% of its goal.

Since the inception of the Development Impact Fee (DIF), the City has periodically adjusted the fee using the Engineering News-Record to account for inflation and increasing City costs. In FY 2024-25, the fee decreased slightly by 0.9% based on the San Francisco Engineering News Record Construction Cost Index and was incorporated as part of the Master Fee Schedule Update. Each time the DIF was updated, the City established the revised fee through a resolution. Resolution No. 11,751 (Appendix A), adopted on June 12, 2025, is the most recent resolution by the City Council, setting the DIF at its current rate.

Park DIF Expenditures
The schedule on the next page hastwo parts. The top partshowsthe projects associated with this fund. Prior to FY 2020-21, the Park DIF was accounted for under the Capital Projects Fund (104). After FY 2020-21, the Park DIF was accounted for in its own fund, the Park Impact Fee Fund (624). The total expenditure forthe Park DIF projects as of June 30, 2025, was $6,968,310.

The bottom part shows the fiscal year revenues that financed the projects. This bottom part is necessary to ensure compliance with the fiscal year expenditure requirements of the Mitigation Fee Act and AB-602.
38 39
Summary of Revenues and Expenditures
The schedule on the next page is divided vertically into two major sections: Revenues and Expenditures. The Revenue section showsthe DIF collections by fiscal year and the interest assigned to the fee balance.

The Expenditures section shows the project costs assigned to that year’s revenues. These costs are the “row” totals from the bottom section of the prior schedule. The expenditure section aims to show when a year’s DIFs were spent to show compliance with the Mitigation Fee Act and AB-602.

Findings
Findings are presented in each DIF section and summarized at the beginning of this report.

1. Given the length of time between the last DIF update, the City Council should consider an update to the Nexus Report and DIFs.

Response: The 2026 Development Impact Fee update and new Nexus studies will address this finding by developing a distinct Park Development Impact Fee that meets Quimby Act requirements and establishes a separate fund specifically for these fees.

The study will carefully delineate between fees collected under the Quimby Act, which permits funding for park rehabilitation, and those collected under the Mitigation Fee Act, which focuses on new infrastructure for development impacts. This approach will ensure compliance with both legislative frameworks and allow for strategic use of Quimby Act funds toward the rehabilitation and improvement of existing parks, enhancing recreational amenities for the community.

2. Based on this Five-Year Report, Public Safety DIFs have been committed via the Nexus Report or spent within the five-year period required by the Mitigation Fee Act.

Response: The Five-Year Report confirms that Development Impact Fees (DIFs) have been appropriately committed or spent within the legally required five-year period, demonstrating compliance with statutory timelines and responsible fund management. 40 41

APPENDICES
42 APPENDIX A
RESOLUTION NO. 11,751

APPENDIX B
RESOLUTION NO. 8051
RESOLUTION NO. 8051

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEW ARK ESTABLISHING CAPITAL FACILITIES FEES UNDER

THE AUTHORITY OF NEW ARK MUNICIPAL CODE CHAPTER

3.24, AND AMENDING SECTION V.A.4 OF THE MASTER FEE
SCHEDULE 2000-2001
WHEREAS, the City Council of the City of Newark is authorized to prescribe and establish fees in regard to services or functions performed by the City for the public in a governmental and proprietary capacity; and
WHEREAS, Chapter 3.24 of the City of Newark Municipal Code authorizes the City Council to establish by resolution the amount of the Capital Facilities Fee to be imposed on new residential, industrial, and commercial development in the City; and WHEREAS, on June 22, 2000, the City Council adopted Resolution 8011, establishing fees for services as set forth in the Master Fee Schedule 2000-2001; and WHEREAS, on July 10, 2000, the Community Development Director held a public meeting on the proposed Capital Facilities Fee. Notice of the meeting was given to interested persons at least 14 days before the meeting and was published. At least 10 days before the meeting, the City made available to the public data indicating the amount of cost or estimated cost required to construct the facilities and the revenue sources anticipated to provide the construction cost, including general fund revenues; and
WHEREAS, on July 13, 2000, the City Council held a public hearing on this matter. Notice of the hearing was given to interested persons at least 14 days before the hearing and was published.

At least 10 days before the hearing, the City made available to the public data indicating the amount of cost or estimated cost required to construct the facilities and the revenue sources anticipated to provide the construction cost, including general fund revenues. (Government Code §§66016, 66018).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark which hereby finds, declares, and resolves that:

1. Amendment of Master Fee Resolution, Section V .A. 4 of the Master Fee Schedule 2000- 2201 is hereby amended by repealing Section V. A. 4 ("Capital Facilities Impact Fee") and replacing it with a new Section V.A.4 entitled "Capital Facilities Fee," as set forth hereinbelow in Section 2.

2. Fee for development. A person who develops property shall pay a Capital Facilities Fee, unless the particular development or portion thereof is exempt under Municipal Code Section

3.24.070. The Capital Facilities Fee for residential, commercial, and industrial development is based on the capital facility needs generated by such development and is in proportion to those needs.

The Fee imposed under Municipal Code Section 3.24.050 for new development is indicated below. The Fee is based on the analysis set forth in the Capital Facilities Fee Technical Report, entitled "Newark Impact Fee Study," dated July 2000 ("Technical Report"), a copy of which is on file in the Community Development Department. The Fee shall be reviewed annually and modified as necessary by resolution based on the Technical Report and future additions and amendments to it, to provide the capital facilities necessary to implement the Capital Facilities Program and achieve the objectives of the City of Newark's General Plan.

V.A.4 CAPITAL FACILITIES FEE
Category of Land Public Community Transportation Total
Use and Fee Safety Service/Facilities CFF
Single-family $1,515.00 $1,508.00 $876.00 $3,900.00
residential (per
unit)
Multi-family $1,737.00 $1,373.00 $503.00 $3,613.00
residential (per
unit)
Commercial $1.70 $0.22 $1.29 $3.20
(per sq. ft.)
Industrial $0.25 $0.16 $0.75 $1.16
(per sq. ft.)
If an ambiguity arises in determining the type of development for which a Fee applies, the City shall use the category which in its judgment most nearly fits the proposed use. In making the determination, the City shall rely on the analysis in the July 2000 Technical Report and the specific uses described in the Zoning Ordinance.

3. AB 1600 Findina=s {Government Code §66001)
a. The purpose of the Capital Facilities Fee is to provide adequate capital facilities improvements to serve new development within the City.
b. The Fee will be used to finance a variety of capital facility improvements as prescribed in Section 3.24.100 (B) of the Municipal Code and as identified in the Technical Report, including public safety and transportation facilities and community service and facilities.
c. The Fee will fund that portion of capital facility improvements attributable to new commercial, industrial, and residential development responsible for paying the Fee.

Resolution No. 8051 2
d. The amount of the Fee bears a fair and reasonable relationship to each development's burden on and benefit from the City's public services and capital facilities improvements to be funded by the Fee, and is based on the following considerations:
• New commercial, industrial, and residential development will pay only for those capital facilities which serve new commercial, industrial, and residential development and are necessary to serve the public service needs which will be created by such new development.
• The cost of improvements needed to alleviate existing deficiencies in capital facilities, if any, are not included in this Fee.
• Each type of development shall contribute to the needed improvements in proportion to the use of public services and capital facilities by that type of development. For residential development, the Fee per new dwelling unit is based upon the proportion of total new public facilities' costs attributable to new residential development divided by the number of new residential units expected to be developed in the City through projected buildout. For commercial and industrial development, the Fee per new square foot is based upon the proportion of total new public facilities' costs attributable to new commercial and industrial development divided by the total new commercial and industrial square footage expected to be developed in the City.

4. Time of payment.

5. a. Residential. For residential development of no more than one dwelling unit, the Fee shall be paid prior to the issuance of the Certificate of Occupancy, unless the City elects to exercise the exception authorized under Government Code Section 66007(b), in which case it may become payable at an earlier date to be determined by the City. In the case of a residential development which involves construction of more than one dwelling unit, the Fee shall be paid on a lump-sum basis for the total development when the first dwelling in the development receives its Certificate of Occupancy.
b. Industrial and Commercial. For industrial and commercial development, the Fee shall be paid prior to issuance of the building permit.

Notice.

At the time of approval of a project or at the time of the imposition of the Capital Facilities Fee, the City shall provide to the project applicant a statement of:
a. The amount of the Fee and the public improvement that the Fee will be used to finance. (Government Code § 66006(f)); and
Resolution No. 8051 3
b. Notification that the 90-day approval period in which the applicant may protest has begun. (Government Code § 66020(d)).

6. Findin2s re2ardin2 funds not spent.

The City shall make certain findings once each fiscal year with respect to any portion of the Fee remaining unexpended or uncommitted in its account five years or more after the deposit of the Fee. (Government Code §66001[d])

7. .Judicial action.

Any judicial action or proceeding to attack, review, set aside, void, or annul this resolution shall be brought within 120 days. (Government Code §66022).

8. Effective date.

The Fee established by this resolution takes effect on September 26, 2000, which is at least 60 days from the date this resolution is adopted. (Government Code §66017) I HEREBY CERTIFY the foregoing resolution was introduced at a regular meeting of the City Council of the City of Newark held on July 27, 2000, by Council Member Nagy who moved its adoption and passage, which motion was carried after being duly seconded, and passed by the following vote:

AYES:

NOES:

ABSENT:

SECONDED:

ATTEST:

Council Members Boggs, Freitas, Nagy, and Mayor Smith
None
Council Member Johnson
Council Member Boggs
(� v'1
"A?PROVFf ) r.,.
s/DA VID W.
u�
SMITH
Mayor
� ��
City Clerk
Resolution No. 8051 4

APPENDIX C

PUBLIC SAFETY AND COMMUNITY

SERVICE FACILITY DEVELOPMENT

IMPACT FEE NEXUS STUDY
2017

EXHIBIT A
RESOLUTION NO. 10633
KEYSER MARSTON ASSOClATES

PUBLIC SAFETY AND COMMUNITY SERVICE FACILITIES

DEVELOPMENT IMPACT FEE NEXUS STUDY
Prepared for:

City of Newark
Prepared by:

Keyser Marston Associates, Inc.

March 2017

TABLE OF CONTENTS
I. INTRODUCTION, SUMMARY OF CURRENT PROGRAM, RESULTS, AND RECOMMENDATIONS ..................................................................................................... 1 A. Summary of Current Program and City Objectives for Impact Fees ............................. 1 B. Report Background and Legal Context ........................................................................ 1 C. Facility Standards and Cost Allocation Approach ......................................................... 2 D. Maximum and Recommended Fee Schedules ............................................................ 3 E. Fee Indexing ................................................................................................................ 3 II. MITIGATION FEE ACT NEXUS FINDINGS ...................................................................... 4 A. Purpose ....................................................................................................................... 4 B. Use of Fee Revenues .................................................................................................. 4 C. Relationship ................................................................................................................. 4 D. Need ............................................................................................................................ 4 E. Proportionality ............................................................................................................. 5 111. DEMAND FOR NEW PUBLIC SAFETY FACILITIES AND SUPPORTED IMPACT FEE AMOUNTS ........................................................................................................................ 7 A. Public Safety Facility Needs to Serve Newark through 2035 ........................................ 7 B. Service Population ....................................................................................................... 7 C. Public Safety Facility Costs Attributable to New Service Population ............................ 9 D. Distribution of Public Safety Facility Demand by Land Use ......................................... 10 E. Supported Public Safety Facility Fee Levels ............................................................... 11 IV. DEMAND FOR NEW COMMUNITY SERVICE FACILITIES AND SUPPORTED IMPACT FEE AMOUNTS ............................................................................................................... 12 A. Community Service Facility Needs to Serve Newark through 2035 ............................. 12 B. Public Service Population ........................................................................................... 12 C. Community Service Facility Costs Attributable to New Development .......................... 15 D. Distribution of Community Service Facility Demand by Land Use ............................... 15 E. Supported Community Service Facility Fee Levels ..................................................... 16 V. USE OF FEE REVENUE .................................................................................................. 17 VI. IMPACT FEES IN NEIGHBORING CITIES, MAXIMUM SUPPORTED FEES, AND RECOMMENDED FEES .................................................................................................. 18 A. Public Safety and Community Service Facility Fees in Neighboring Jurisdictions ....... 18 B. Maximum and Recommended Impact Fees ................................................................ 19 VII. FEE PROGRAM IMPLEMENTATION AND ADMINISTRATION ....................................... 20 A. Credits, Reimbursement, and Exemptions .................................................................. 20 B. Securing Supplemental Funding ................................................................................. 20 C. Annual Review and Periodic Study Update ................................................................. 20

LIST OF EXHIBITS
Exhibit 1: Current Impact Fees ................................................................................................... 1 Exhibit 2: Maximum and Recommended Fee Schedules ........................................................... 3 Exhibit 3: New Public Safety Needs ........................................................................................... 7 Exhibit 4: City of Newark Population and Employment.. ............................................................. 8 Exhibit 5: Public Service Population ........................................................................................... 9 Exhibit 6: Distribution of New Service Population by Land Use .................................................. 9 Exhibit 7: Public Safety Facility Costs Attributable to Demand from New Development.. ........... 10 Exhibit 8: Distribution of New Service Population for Public Safety Facilities by Land Use ........ 10 Exhibit 9: Distribution of Public Safety Facility Costs by Land Use Demand .............................. 11 Exhibit 10: Current and Anticipated population and commercial and industrial stock ................. 11 Exhibit 11: Supported Public Safety Facilities Impact Fees by Land Use .................................. 11 Exhibit 12: Needed Community Service Facility lmprovements ................................................. 12 Exhibit 13: City of Newark Population and Employment.. .......................................................... 13 Exhibit 14: Public Service Population ........................................................................................ 14 Exhibit 15: Distribution of New Service Population by Land Use ............................................... 14 Exhibit 16: Community Service Facility Costs Attributable to Demand from New Development.15 Exhibit 17: Distribution of Demand for New Community Service Facilities by Land Use ............ 15 Exhibit 18: Distribution of New Development's Share of Community Service Facility Costs by Land Use ................................................................................................................. 16 Exhibit 19: Existing commercial and industrial stock and anticipated amount of new space ...... 16 Exhibit 20: Supported Community Service Facilities Impact Fees by Land Use ........................ 16 Exhibit 21: Comparison Public Safety and Community Service Facility Impact Fees ................ 18 Exhibit 22: Maximum and Recommended Fee Schedules ........................................................ 19 I. INTRODUCTION, SUMMARY OF CURRENT PROGRAM, RESULTS, AND

RECOMMENDATIONS
This Public Safety and Community Service Facility nexus analysis provides the City of Newark (the City) with the necessary technical documentation to support updating its current Public Safety Facility and Community Service Facility impact fees. This nexus analysis has been prepared by Keyser Marston Associates, Inc. (KMA).

A. Summary of Current Program and City Objectives for Impact Fees The City currently levies both a public safety capital facilities fee and a community service capital facilities fee on residential and non-residential development. The fee revenues are used to fund a portion of the cost of new capital facilities to serve people who live and/or work in Newark. The portion of costs to be funded by fees on new development reflects the share of the future service population comprised of future residents/employees. The pro rata share of facility costs attributable to existing residents and employees will not be funded by fees levied on new development. The current impact fee amounts are as follows:

Exhibit 1: Current Impact Fees
: Type o� N:ew Development i:>ublic-Safety Capital - Community Service Capital I I___ _ . • Facilities Fee _ . _ _
Facility Fee
_.
_ :

Single-family residential
Multi-family residential
Commercial
Industrial
$1,989 per unit
$2,079 per unit
$1.73 per square foot
$0.17 per square foot
$1,942 per unit
$1,596 per unit
$0.36 per square foot
$0.31 per square foot
The planned future public safety and community service capital facilities are identified in the City's General Plan and capital improvement plan and through interviews with executive staff, and are detailed in Tables 4 and 5 of this report. Key planned improvements include a new library, city administration building, and police center at the city's current civic center, a performing or cultural arts center, and a new senior center.

B. Report Background and Legal Context
The Mitigation Fee Act (AB 1600 et seq.) permits cities to adopt impact fees on new development to fund the associated, additional costs of providing capital facilities to meet the demands generated by new residents and employees.

This Report provides the necessary technical analysis to support a schedule of fees to be established by an Impact Fee Ordinance and Resolution. The Mitigation Fee Act allows the City to adopt by Resolution a fee schedule consistent with the supporting technical analysis and findings provided in this Report. The Resolution's approach to setting the fee allows periodic Keyser Marston Associates, Inc.
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adjustments of the fee amount as may be necessary over time, without amending the enabling Ordinance.

The technical analysis in this Report estimates the public safety and community service facility fee schedules that will fund new development's "fair share" contribution to funding future public safety and community service facility capital improvements. The key requirements of the Mitigation Fee Act that determine the structure, scope, and amount of the updated fees are as follows:
■ Collected for Capital Facility and Infrastructure Improvements. Development impact fee revenue can be collected and used to cover the cost of capital facilities and infrastructure required to serve new development and growth in the City. However, impact fee revenue c�nnot be used to cover the operation and maintenance costs of these or any other facilities and infrastructure.
■ Cannot Fund Existing Needs. Impact fee revenue cannot be collected or used to cover deficiencies in existing City capital equipment and facilities. The portion of capital costs required to meet the needs of the City's existing population must be funded through other sources. Capital facility investments that increase service standards for existing and new development must be split on a "fair share" basis according to the proportion attributable to each.
■ Must be Based on a Rational Nexus. An impact fee must be based on a reasonable nexus, or connection, between new growth and development and the need for a new facility or improvement. As such, an impact fee must be supported by specific findings that explain or demonstrate this nexus. In addition, the impact fee amount must be structured such that the revenue generated does not exceed the cost of providing the facility or improvement for which the fee is imposed.

The City can choose to charge impact fees below the maximum, supportable fee schedule.

Such downward adjustments in the fee schedule, if selected, are typically based on policy considerations related to considerations of development feasibility and fee levels in peer cities.

C. Facility Standards and Cost Allocation Approach
A facility standard is a policy that indicates the amount of facilities required to accommodate service demand. The City's General Plan identifies new public safety and community service facilities that will be needed to serve Newark residents and employees through the 2035 planning horizon of the General Plan. As noted in the General Plan, Newark's city hall was built in 1966 and many of its systems are now outdated and the space does not fully meet the needs of Newark today. To serve the existing and future population, the General Plan identifies the need for modernizing or replacing City Hall, building a new library, performing arts center, and Keyser Marston Associates, Inc.
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Page2
police facilities. Needed improvements to be partially funded by the fees on new development are listed in Tables 4 and 5.

Pursuant to the requirements of the Mitigation Fee Act, facility costs have been allocated to new development proportionate to new development's share of the City's service population upon buildout in 2035. This approach ensures that new development will bear only it's fair share of costs and will not be funding improvements to cure existing deficiencies.

D. Maximum and Recommended Fee Schedules
Exhibit 2 shows the fee schedules supported by this study and represents the maximum public safety and community service facility fees that the City could charge consistent with the Mitigation Fee Act. The calculation of the fees is presented in Section Ill of this report. We recommend that the City adopt fees equal to the maximum fee amounts because the total impact fee obligation does not exceed the total obligation in adjoining cities and the recommended fees are needed to mitigate the facility needs of new residents and employees. However, consideration could be given to allowing for the reduction, with City Council approval, of fees to support high-income job generation and sales tax generating uses.

The fee schedules include a 2 percent (2%) administration fee, consistent with other Mitigation Fee Act program administrative costs in many other California jurisdictions.

Exhibit 2: Maximum and Recommended Fee Schedules
Residential
Commercial
Industrial
E. Fee Indexing
Public Safety Facility Fee
$2,311 per unit
$1.72 per square foot
$0.36 per square foot
Community Service Facility Fee
$3,451 per unit
$1.19 per square foot
$0.50 per square foot
Since construction costs continue to rise, it is important that the cost be indexed to inflation. The fee should be adjusted annually by a construction cost index, such as the Engineering News Record.

Keyser Marston Associates, Inc.
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II. MITIGATION FEE ACT NEXUS FINDINGS
This chapter describes the necessary "nexus" between new development in Newark and the proposed capital facilities investments, as required under the Mitigation Fee Act - Government Code Section 66000 (AB1600). The new public safety facility and community service facility development impact fees will fund new development's "fair share" of needed capital facilities as identified in the General Plan to provide an adequate level of service to Newark.

Nexus findings address: ( 1) the purpose of the fee and a related description of the facility for which fee revenue will be used, (2) the specific use of fee revenue, 3) the relationship between the facility and the type of development, (4) the relationship between the need for the facility and the type of development, and (5) the relationship between the amount of the fee and the proportionality of cost specifically attributable to new development. The subsections below describe the nexus findings for both the Public Safety Facility Impact Fee and the Community Service Facility Impact Fee.

A. Purpose
The fees will ensure that new development contributes its "fair share" towards funding the construction of new capital facilities that are identified in the City's General Plan.

8. Use of Fee Revenues
Public safety facility impact fee revenues will be used to fund a portion of the cost to construct the public safety capital facilities identified in Table 4. Similarly, the community service facility impact fee revenues will be used to fund a portion of the cost to construct the community service capital facilities identified in Table 5. These facilities will benefit the entire City of Newark.

C. Relationship
New residential development in the City of Newark will increase the demand for and use of public safety and community service facilities. Fee revenue will be used to help fund new development's pro rata share of the cost of new facilities that will be built to serve the entire City.

D. Need
The City's General Plan has identified new public safety and community service facilities that are needed to serve Newark through the year 2035. These new facilities are needed to serve both existing and new residents and employees. Each new residential and non-residential project will bring new residents and employees to the City and will generate incremental, new demand and use of the City's public safety and community service facilities. New revenues to Keyser Marston Associates, Inc.
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fund investments in new public safety and community service facilities are needed to fund needed capital facilities as identified in the City's General Plan.

Given that impact fees on new development will fund approximately 26% of the cost of new public safety capital facilities and 21% of new community service capital facilities, the City will need to secure funding from other sources to construct the capital facilities. It is anticipated that the balance of funds will come from the following sources:
• Local half cent sales tax;
• City General Fund surpluses;
• Regional, state and federal grants
E. Proportionality
The maximum, supportable public safety facilities and community service facility fee schedules have been derived by the following steps:

1. Establish the list of capital facilities to be funded, in part, by fees on new development.

The source for this list is the City's General Plan and the City's Capital Improvement Plan.

2. Establish the current and future (year 2035) population and employment estimates for the City of Newark. Sources for these estimates are the State Department of Finance, the City's General Plan, demographic research companies, and City staff.

3. Establish estimates of the current and future number of housing units, square feet of commercial space, and square feet of industrial space in the City. Sources for these estimates are the State Department of Finance, City staff, and the trends in the employment density of new development.

4. Establish the population base to be served by each capital facility to be funded by impact fees. For example, a new administration building at city hall will serve all future residents and employees. A new senior center, however, will serve all future residents, but not employees.

5. Calculate the percentage of each future service population comprised of existing residents/employees and the percentage attributable to new residents/employees.

6. For each capital facility, multiply the cost of the facility by the percentage of demand attributable to the new service population.

7. Distribute the cost allocated to new development by land use (residential, commercial, and industrial) based on the land use composition of the applicable service population.

The distribution of demand for fire facilities has been determined based on the distribution of fire/EMS protection service calls by land use.

8. Aggregate the public safety capital facility costs attributable to new development by land use.

Keyser Marston Associates, Inc.
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9. Divide each land use's share of new development cost by the projected amount of new development (units, commercial square feet, or industrial square feet) to establish the public safety facility fee amount on new development.

10. Aggregate the community service capital facility costs attributable to new development by land use.

11. Divide each land use's share of new development cost by the projected amount of new development (units, commercial square feet, or industrial square feet) to establish the community service facility fee amount on new development.

With this methodology, the fee program cost estimates are directly proportional to the relative increase in new development.

Keyser Marston Associates, Inc.
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Ill. DEMAND FOR NEW PUBLIC SAFETY FACILITIES AND SUPPORTED IMPACT FEE

AMOUNTS
A. Public Safety Facility Needs to Serve Newark through 2035 City staff have identified the following list of needed public safety facility improvements based on the facility needs identified in the City's General Plan and the City's Capital Improvement Plan.

These new facilities are anticipated to meet the City's needs through the year 2035. As shown in Exhibit 3, the total cost of capital facilities is estimated at $42 million, with a $23 million police center at the Civic Center accounting for 55% of the entire cost of new facilities.

Exhibit 3: New Public Safety Needs
Fire Admin Portion of City Administration Building $2,557,400 $2,608,548 Community Alerting and Warning System $75,000 $76,500
Fire Station No. 27 Energy Efficient Windows $40,000 $40,800 Fire Station No. 27 Training Tower $2,000,000 $2,040,000 Fire Station No. 29 Truck Exhaust System $45,000 $45,900 Replace Fire Station No. 27 $5,300,000 $5,406,000
Replace and Expand Fire Station No. 29 $6,400,000 $6,528,000 Ladder Truck/Fire Engine to serve new population $1,200,000 $1,224,000 Traffic Signal Preemption (Opticom) $160.000 $163,200
Total Fire $17,777,400 $18,132,948
� Police _ _ _ _ _ _
• I
Police Center at the Civic Center
Police Vehicles (5) to serve new population
Police Department Substation Facilities
Total Police
Total, Public Safet
B. Service Population
$23,016,600 $23,476,932
$325.000 $331,500
$850,000 $867,000
$24, 191,600 $24,675,432
$41,969,000 $42,808,380
The proposed new facilities will serve all of Newark. Therefore, the applicable service population for public safety capital facilities is both residents and employees. As shown in Exhibit 4, the City's current population is 44,733. By 2035 the population is anticipated to reach 60,510, reflecting an increase of 15,777 people over roughly the next 19 years. Approximately 19,363 people work in Newark, with employment in commercial businesses totaling approximately 12,500 and employment in industrial businesses totaling approximately 6,860. Employment is expected to grow by 4,950 through 2035.

Keyser Marston Associates, Inc.
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Exhibit 4: City of Newark Population and Employment
Population1 44,733 2,933 12,844 60,510
Employment2
Office 1,197 850 2,047
Retail 7,762 900 8,662
50 % R&D 3,545 1,350 4,895
Total Commercial 12,504 3,100 15,604
Light Industrial 1,749 300 2,049
Heavy Industrial 1,565 200 1,765
50% R&D 3,545 1,350 4,895
Total Industrial � � 1U.Q.a
Total Employment 19,363 4,950 24,313
1 State Department of Finance E-5 is source of estimate of current population. Estimate of population in 2035 is the Newark General Plan.
2 ESRI is source of current employment estimates. 2035 employment estimates have been provided City staff.

In recognition that employees' demands for city services is generally limited to the time that they are at work, the impact of employees is weighted less than the impact of residents. Based on analysis underpinning the current impact fees, it is assumed that the public facility demand created by each employee is equal to 0.36 of the impact of each resident. The fractional demand per employee is calculated by multiplying the share of daily working hours relative to activity hours (.5) by the fraction of 5 working days out of 7 days per week (. 71 ). The derived weighted average is .36.

The service population for Public Safety facilities is the sum of the resident population and.36% of the employment base. As shown in Exhibit 5, the current public safety service population is approximately 51,700 and the service population of residential units currently under construction, which will not be subject to the updated impact fee, is approximately 2,933. The service population associated with new growth through the year 2035 is estimated to total 14,626, which represents 21.1 % of the total service population in the buildout year of 2035.

Keyser Marston Associates, Inc.
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Exhibit 5: Public Service Population
Ir·-· - - ., - . ,- - -- - -
--.-----..,..,....-�-- -� ---- - -.. . ...... �-. -·�-J ·• C· F,actor --• � _-=-� ·.�ourc� _____ •_�N�ll}b�r . ;!'3r�ent'A�l�cati{?f1 _,_ --� - -- Residents
Existing SDOF, E-5 44,733 73.9%
In progress City staff+ SDOF 2,933 4.8%
New Growth 12,844 21.2%
Buildout General Plan 60,510 100.0%
Employment
Existing ESRI 19,363 79.6%
New Growth City staff 4,950 20.4%
Buildout 24,313 100.0%
Public Service Population 1
Existing 51,704 74.6%
In Progress 2,933 4.2%
New Growth 14,626 21.1%
Buildout 69,263 100.0%
1 Public service population is an allocation factor which differentiates between the impact of employees and residents. It equals resident population plus .36 of employment. Per a prior Newark General Plan, the . 36 factor reflects an adjustment of one-half (8/16) to reflect the workday's share of awake hours and an adjustment of 5/'1 to reflect the work-week's share of the number of days in a week.

The distribution of the additional 14,626 service population from 2017 through 2035 among the land uses is as follows:

Exhibit 6: Distribution of New Service Population by Land Use ; "New Service Population from
- - I
' I ' New Development I
Residential
Commercial
Industrial
Total New Service Population
- -
12,844
1,116 (3,100 X 0.36)
666 (1,850 X 0.36)
14,626

87.8%

7.6%

4.6%
100%
C. Public Safety Facility Costs Attributable to New Service Population The cost of new public safety facilities attributable to the demands of new development is generally estimated by applying the 21.1 % factor to the facility cost schedule. However, because some of the facilities are needed solely to serve the new service population, the overall percentage of costs attributable to new development is 26.1 %.1 As shown below in Exhibit 7, it 1 A new fire engine ($1.2 million), an expansion of Fire Station No. 29 to house the new engine, and five police cars ($325,000) are needed to serve exclusively the new service population. 100% of the cost of these facilities is allocated to new development. Please refer to Table 4 for a detailed allocation of costs.

Keyser Marston Associates, Inc.
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is estimated that new residents/employees will create the demand for approximately $11.2 million of new public safety capital facilities through 2035. Demand attributable to existing residents and employees is estimated to total $31.7 million.

Exhibit 7: Public Safety Facility Costs Attributable to Demand from New Development ; -:- -- • • - -- - - ·:---.. • - Total Facility Cost ----Costs Alloc£alile-fo ·New] ', • ' • • • with 2% Ad min. Fee Development - 26.1 % - - • - _____ ---=..J........ ___ - --- - ,._ - - � ---� - ---�-�:_l..;::....:__ _;._ • Total Fire
Total Police
Total, Public Safety Facility Costs
$18.1 million
$24.7 million
$42.8 million
D. Distribution of Public Safety Facility Demand by Land Use $5.7 million
$5.5 million
$11.2 million
Since impact fees are levied per unit or per square foot of new non-residential development and often vary by type of non-residential development, the service population needs to be broken down by land use. As provided in Exhibit 8, the distribution of the growth in the service population is as follows: 88% from new residents; 8% from new commercial employees; and 5% from new industrial employees. For purposes of this analysis, it has been assumed that the distribution of demand is proportionate to the distribution of the service population.

The source of demand for new fire protection facilities has been estimated based on the distribution of service calls submitted to the Newark Fire Department during calendar year 2015.

The call records and the source of calls are detailed in Table 10. As summarized below, approximately 77% of calls originated from residential homes, 19% from commercial establishments, and 4% from industrial establishments.

Exhibit 8: Distribution of New Service Population for Public Safety Facilities by Land Use -
- T�tal ,
1 ���i
_
dentia{ I' C�mmer�ial ;' -- ln
_
dustrial !
Distribution for Police Facilities1
Percentage 100%
Distribution for Fire Facilities
Percentage2
1 Exhibit 7
2Tab/e 10
100%

87.8%
77%

7.6% 4.6%
19% 4%
The demand for new public safety facilities by land use is estimated by applying these demand percentages to the facility costs attributable to new development. As shown in Exhibit 9, the costs attributable to new residential development is estimated to total $9.2 million, the cost attributable to new commercial development is estimated to total $1.5 million, and the cost attributable to new industrial development is estimated to total $451,000.

Keyser Marston Associates, Inc.
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Exhibit 9: Distribution of Public Safety Facility Costs by Land Use Demand c;-c . -� •• • • Police Facilities-• - -• Fire-Facilities -, -• - Tota!'Public Safety··· 1 I
• •
• • Facilities - - - I
. . - � -- _j_ __ ..........!._ __ .......:..• - -- - - • .. - - Facility Costs Attributable
to New Development
Residential
Commercial
Industrial
$5.5 million1
$4.8 million (87.8%)
$0.4 million (7.6%)
$0.2 million (4.6%)
1Totals may not add due to rounding.

E. Supported Public Safety Facility Fee Levels
$5.7 million
$4.4 million (77%)
$1.1 million (19%)
$0.2 million (4%)
$11.2 million
$9.2 million (84%)
$1.5 million (12%)
$0.5 million (4%)
Since impact fees are levied per unit of new development, the growth of the service population must be translated into projected new residential units and new building square footage. Based on US Census data, an average household size of 3.23 has been assumed to convert population projections into projected residential units. City staff has provided estimates of existing commercial and industrial stock and the amount of new space anticipated to be built through 2035. See Exhibit 10 below.

Exhibit 10: Current and Anticipated population and commercial and industrial stock i -- •
Growth.in Service New Households; New i
· Population - 2017 Commercial and Industrial SF - I
_ _
th�o�gh 2035
_ _
2 _
017 through 2035 i
Residential Population
Commercial Service Population
Industrial Service Population
12,844
1,116
666
3,977
880,000 sq. ft.
1,250,000 sq. ft.

Supported fee amounts on new development to fund needed public safety facilities are determined by dividing the portion of costs attributable to the demand generated by new development by the magnitude of new development anticipated through 2035. As shown in Exhibit 11, impact fees of $2,311 per residential unit, $1.72 per square foot of new commercial development and $0.36 per square foot of new industrial development are warranted to fund the construction of public safety facilities in Newark to serve the needs generated by new development.

Exhibit 11: Supported Public Safety Facilities Impact Fees by Land Use Costs Allocated to New Development
New Development (Units or SF)
Keyser Marston Associates, Inc.
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$9,187,925
3,977
$2,311
$1,512,565
880,000
$1.72
$451,442 $11,151,931
1,250,000
$0.36

IV. DEMAND FOR NEW COMMUNITY SERVICE FACILITIES AND SUPPORTED IMPACT

FEE AMOUNTS
A. Community Service Facility Needs to Serve Newark through 2035 City staff have identified the following list (Exhibit 12) of needed community service facility improvements based on the facility needs identified in the City's General Plan and the City's Capital Improvement Plan. These new facilities are anticipated to meet the City's needs through the year 2035. As shown, the total cost of capital facilities is estimated at $71.46 million. The largest planned expenditures include a $21.1 million new library at the civic center, a $17.3 million new city administration building at the civic center, a $9 million performing arts center, and a $7.5 million senior center.

Exhibit 12: Needed Community Service Facility Improvements I Community Service Facilities --
•
- Total Cost Total, With 2.00% Admin.1
-· - - - - -- -·
City Administration Building at Civic Center $17,262,450 $17,607,699 Equipment Shop Heavy Duty Vehicle Hoist $60,000 $61,200 History Center (Phases 2,3,4) $4,000,000 $4,080,000
Library at the Civic Center $21,098,550 $21,520,521
Mowry Avenue Backup Walls $900,000 $918,000
New Fuel Management System $60,000 $61,200
New Senior Center $7,500,000 $7,650,000
Newark Boulevard Backup Walls $1,200,000 $1,224,000
Performing (or Cultural) Arts Center $9,000,000 $9,180,000 Service Center Fuel Tank Canopy $130,000 $132,600
Service Center Storage Facility $400,000 $408,000
Service Center Waste Disposal Upgrades $250,000 $255,000 Silliman Complex Restroom/Maintenance Facility $700,000 $714,000 Thornton Avenue Streetscape $2,200,000 $2,244,000
Electrical Vehicle Charging Stations $200,000 $204,000
New Homeless Shelter $1,500,000 $1,530,000
Service Center Expansion $5,000,000 $5,100,000
Total Community Facilities $71,461,000 $72,890,220
B. Public Service Population
The proposed new community facilities will serve all of Newark. Therefore, the applicable service population for most community service capital facilities is both residents and employees.

As shown in Exhibit 13, the City's current population is 44,733. By 2035 the population is anticipated to reach 60,510, reflecting an increase of 15,777 people over roughly the next 19 years. Approximately 19,363 people work in Newark, with 12,500 employed in commercial Keyser Marston Associates, Inc.
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businesses and 6,860 employed in industrial businesses. An additional 4,950 employees are expected through 2035.

Exhibit 13: City of Newark Population and Employment
r
·-
.
--
..
----
_
- -----
_
---- --, - ,- - -· --- -�Additio��� ----- - - - -1
: •
.
• 20·11 through • ·I
' . • .-. . ' • 2016 •• ,!n progress • 2035 .. - 2035 J 1 j_ - - ---�-=- --·-----·--....&J.c:,�-- - -- - -�-� -------·----� -- --�- ----#-- __ #_ - - ------ Population1 44,733 2,933 12,844 60,510
Employment2
Office 1,197 850 2,047
Retail 7,762 900 8,662
50 % R&D 3,545 1,350 4,895
Total Commercial 12,504 3,100 15,604
Light Industrial 1,749 300 2,049
Heavy Industrial 1,565 200 1,765
50% R&D 3,545 1,350 4,895
Total Industrial 6.859 1 850 8 709
Total Employment 19,363 4,950 24,313
1 State Department of Finance E-5 is source of estimate of current population. Estimate of population in 2035 is the Newark General Plan.
2 ESRI is source of current employment estimates. 2035 employment estimates have been provided City staff.

In determining the population to be served by the new facilities, it is recognized that employees' demands for city services is generally limited to the time that they are at work. Therefore, employees are weighted less than residents. Based on that analysis that was undertaken to support the current impact fees, it is assumed that the public facility demand created by each employee is equal to 0.36 of the impact of each resident. The fractional demand per employee is calculated based on a fraction of 8 hours out of 16 activity hours per day (.5) times the fraction of 5 working days out of 7 days per week (.71). The derived weighted average is .36.

The public service population for all community service facilities except the senior center is the sum of the resident population and.36% of the employment base. As shown in Exhibit 13, the current service population is approximately 51,700 and the service population of residential units currently under construction, which will not be subject to the updated impact fee, is approximately 2,933, The service population associated with new growth through the year 2035 is estimated to total 14,626, which represents 21.1 % of the total service population in the buildout year of 2035.

Given that employment does not contribute to the need for senior centers, the service population for the senior center is the residential population. As shown in Exhibit 14, it is estimated that the City's population will increase by 12,844 from 2017 through 2035 from new . residential development, excluding new units currently under construction, which will be subject Keyser Marston Associates, Inc.
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to the existing fees. The additional 12,844 residents will account for 21.2% of Newark's population by 2035. Therefore, 21.2% of the cost of the senior center is estimated to be attributable to the impacts of new development.

Exhibit 14: Public Service Population
I . - --- - - - - - -- -- -- ---- - 7
[ , . .

Percent !
!
· Factor _ . ___ �our�
e __ --�ll!!lber � ��oc�t�� -�I
Residents
Existing SDOF, E-5 44,733 73.9%
In progress City staff+ SDOF 2,933 4.8%
New Growth 12,844 21.2%
Buildout General Plan 60,510 100.0%
Employment
Existing ESRI 19,363 79.6%
New Growth City staff 4,950 20.4%
Buildout 24,313 100.0%
Public Service Population <1J
Existing 51,704 74.6%
In Progress 2,933 4.2%
New Growth 14,626 21.1%
Buildout 69,263 100.0%
1 Public service population is an allocation factor which differentiates between the impact of employees and residents. It equals resident population plus .36 of employment. Per a prior Newark General Plan, the .36 factor reflects an adjustment of one-half (8/16) to reflect the workday's share of awake hours and an adjustment of 5ll to reflect the work-week's share of the number of days in a week.

The distribution of the additional 14,626 service population from 2017 through 2035 among the land uses is presented in Exhibit 15:

Exhibit 15: Distribution of New Service Population by Land Use i
- -
All facilities, except senior center
Residential
Commercial
Industrial
Total New Service Population,
All except Senior Center
Senior Center
Keyser Marston Associates, Inc.
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New Service Population from
New Development
12,844
1,116 (3,100 X 0.36)
666 (1,850 X 0.36)
14,626
12,844
'
-
I
,I -

87.8%

7.6%

4.6%
100.0%
100%

C. Community Service Facility Costs Attributable to New Development The cost of new community service facilities attributable to the demands of new development is estimated by applying the 21.1% factor to the facility cost schedule for all improvements, excluding the senior center, and applying a factor of 21.2% to the total cost of the senior center.

As shown in Exhibit 16, it is estimated that new residents/employees will create the demand for approximately $15.4 million of new community service capital facilities through 2035, which accounts for approximately 21.1 % of total project costs. Demand attributable to existing residents and employees is estimated to total $57.5 million.

Exhibit 16: Community Service Facility Costs Attributable to Demand from New Development l • -•• --- . -
Total F��illty Cost -- - c�
-
sts Allocable't� I
r wl_th 2% Admin. Fee New Development I
• --- --·- - - -- - ____ J
Total Community Facilities, excluding senior center
Senior Center
Total, Community Service Facility Costs
$65.24 million
$ 7.65 million
$72.89 million
D. Distribution of Community Service Facility Demand by Land Use $13.78 million (21.1%)
$1.62 million (21.2%)
$15.40 million (21.1 % )
Since impact fees are levied per unit or per square foot of new non-residential development and often vary by type of non
-
residential development, the service population needs to be broken down by land use. As provided in Exhibit 17, the distribution of the growth in the service population for facilities excluding the senior center is as follows: 87.8% from new residents;

7.6% from new commercial employees; and 4.6% from new industrial employees. For the senior center, 100% of the cost is apportioned to residential development. For purposes of this analysis, it has been assumed that the distribution of demand is proportionate to the distribution of the service population.

Exhibit 17: Distribution of Demand for New Community Service Facilities by Land Use ' -
Total Residential Co,;mer�ial - Industrial !
- -- -
Distribution for Community Facilities, Excluding the Senior Center1 Percentage 100% 87.8% 7.6%
Distribution for Senior Center
Percentage 100% 100% 0%
1 Exhibit 16

4.6%
0%
The demand for new public safety facilities by land use is estimated by applying these demand percentages to the facility costs attributable to new development. As shown in Exhibit 18, the costs attributable to new residential development is estimated to total $13.72 million, the cost attributable to new commercial development is estimated to total $1.05 million, and the cost attributable to new industrial development is estimated to total $0.63 million.

Keyser Marston Associates, Inc.
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Exhibit 18: Distribution of New Development's Share of Community Service Facility Costs by Land Use
-
Facility Costs Attributable
to New Development $1.62 million $13.78 million $15.40 million Residential Demand $1.62 million (100%) $12.10 million (87.8%) $13.72 million (89%) Commercial Demand $0.00 million (0%) $1.05 million (7.6%) $1.05 million (7%) Industrial Demand $0.00 million (0%) $0.63 million (4.6%) $0.63 million (4%) E. Supported Community Service Facility Fee Levels
Since impact fees are levied per unit of new development - per residential unit or per square foot of new commercial or office development, the average household size and the average employment density is needed to convert the demand of new residents/employees into the demand of new residential units and new building square footage. Based on US Census data, an average household size of 3.23 has been assumed. City staff has provided estimates of existing commercial and industrial stock and the amount of new space anticipated to be built through 2035, which are presented in Exhibit 19.

Exhibit 19: Existing commercial and industrial stock and anticipated amount of new space ' -
Growth in Service Population - - New Hou-seholds; New -; , - 2017 through 2035 Commercial and Industrial
: _ SF - 2017 through 2035 :;
Residential Population
Commercial Service Population
Industrial Service Population
12,844
1,116
666
3,977
880,000 sq. ft.
1,250,000 sq. ft.

Supported fee amounts on new development to fund needed community service facilities are determined by dividing the portion of costs attributable to the demand generated by new development by the magnitude of new development anticipated through 2035. As shown in Exhibit 20, impact fees of $3,451 per residential unit, $1.19 per square foot of new commercial development and $0.50 per square foot of new industrial development are warranted to fund the construction of community service facilities in Newark to serve the needs generated by new development.

Exhibit 20: Supported Community Service Facilities Impact Fees by Land Use � _ . _ -
-
Residential -
_
Commercial
_
Industrial - • !otal -:

Costs Allocated to New Development
New Development (Units or SF)
Impact Fee per UniUSF
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$13,722,088
3,977
$3,451
$1,051,188
880,000
$1.19
$627,322
1,250,000
$0.50
$15,400,598

V. USE OF FEE REVENUE
The City plans to use public safety facility fee revenues to construct the facilities identified in Exhibit 3. The City plans to use community service facility fee revenues to construct the facilities identified in Exhibit 12.

Keyser Marston Associates, Inc.
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VI. IMPACT FEES IN NEIGHBORING CITIES, MAXIMUM SUPPORTED FEES, AND

RECOMMENDED FEES
A. Public Safety and Community Service Facility Fees in Neighboring Jurisdictions KMA surveyed the impact fees levied by the nearby cities of Union City, Fremont, and Milpitas.

The impact fees levied in these cities are presented in Appendix Tables A-1, A-2 and A-3, and summarized in Exhibit 21.

As shown, the distribution of types of impact fees and the total fee amount varies considerably among the jurisdictions and by land use. Newark is the only jurisdiction with a dedicated public safety fee for police and fire department capital improvements. In comparison, Union City has a general capital facilities fee, which it levies only on residential development. Both Union City and Milpitas do not levy any material impact fees on non-residential development. Newark's total fee amount on new residential development is significantly less than the fees levied in Union City and Milpitas. Newark's residential fees are also less than the fees levied in Fremont, but the difference is not as large.

Newark's impact fees on commercial development are within the band of fees charged by Fremont but significantly more than the fees levied by Union City and Milpitas, both of which do not levy any significant charges on new commercial development. Newark's impact fees on industrial development are less than the fees levied by Fremont but more than the negligible fees levied in Union city and Milpitas.

Exhibit 21: Comparison Public Safety and Community Service Facility Impact Fees* - � -- -- - - - - - -- - - - ,
L _ Newark Fremont lJ_nic:>n City Milpitas _
Public Safety Facility Fees
$1,989 - 3BR = $371;
Residential $2,079 4BR = $457 $0 $0
Commercial $1.73 $0.18-$0.31 $0 $0
Industrial $0.17 $0.10 -$0.24 $0 $0
Community Service Facility Fees
$1,596 3BR = $2,569 $8,624
Residential $1,942 4BR = $3,163 $12,231 $0
Commercial $0.36 $0.55 -$0.92 $0 $0
Industrial $0.31 $0.31 -$0.71 $0 $0
Total Fees
$22,135 3 BR= $29,158 $38,138 $29,089-
Residential $29,732 4 BR= $31,012 $42,075 $44,673
Commercial $7.06 $6.22 -$7.57 < $1.00 $0
Industrial $1.85 $2.03 -$4.53 < $1.00 $0
*excludes affordable housing fees levied on residential development and fees levied on building permit valuations or any basis other than per unit or per square foot.

Keyser Marston Associates, Inc.
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8. Maximum and Recommended Impact Fees
We recommend that the adopted fees be set at the amounts supported by this nexus study given that the proposed public safety and community service facility fee amounts and total fees in Newark (after adoption of the recommended fees) would not exceed the levies in neighboring communities.

Exhibit 22: Maximum and Recommended Fee Schedules
Residential
Commercial
Industrial
Public Safety Facility Fee
$2,311 per unit
$1.72 per square foot
$0.36 per square foot
Keyser Marston Associates, Inc.
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Community Service Facility Fee
$3,451 per unit
$1.19 per square foot
$0.50 per square foot

VII. FEE PROGRAM IMPLEMENTATION AND ADMINISTRATION
The Mitigation Fee Act includes a series of reporting requirements designed to ensure that development impact fee revenues are properly accounted for, used appropriately, and that, where funds are ultimately not used, are reimbursed. In addition, jurisdictions adopting fee programs should determine their preferred approach to updating the fee schedule and whether they intend to allow for exemptions, credits, and reimbursements (under any additional circumstances). The following fee program implementation and administration parameters are our standard recommendations. The City's existing program may already include some or all of these recommendations.

A. Credits, Reimbursement, and Exemptions
Under certain and limited circumstances, as determined by the City, the Impact Fee Resolution could allow developers subject to the fee to obtain credits, reimbursements, or exemptions. In cases of redevelopment, the demolition of space should provide a fee credit. In other words, the gross fee obligation should be calculated based on the scale of the proposed new development, with a fee credit to be applied for existing square footage to be removed (or retained) using the applicable fee for the existing square footage (land uses). Existing developments that are being replaced due to a natural disaster are also exempt from the impact fees.

All other fee credits and/or reimbursements should not be allowed by right but rather should be subject to review by City staff and Council to ensure that such credits or reimbursements are warranted and appropriate.

8. Securing Supplemental Funding
The maximum, supportable development impact fee is set to cover the public safety and community service facilities investments needed to fund the demands generated by new development. As presented in this analysis, new development is estimated to generate only a portion of the demand for the planned facilities and therefore the fee levies are anticipated to provide only a fraction of the funds needed to construct the facilities. It is anticipated that the City of Newark will need to secure additional funding in order to complete the capital facilities.

C. Annual Review and Periodic Study Update
The Mitigation Fee AcUAB 1600 (at Gov. C. §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. This information includes the following:
• A description of the type of fee in the account
• The amount of the fee
• The beginning and ending balance of the fund
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• The amount of fees collected and interest earned
• Identification of the improvements constructed
• The total cost of the improvements constructed
• The fees expended to construct the improvement
• The percentage of total costs funded by the fee
Because of the dynamic nature of growth and capital equipment requirements, the City should monitor inventory activity, the need for improvements, and the adequacy of the fee revenues and other available funding. To the extent particular issues are identified, adjustments to the fee program may be required.

Keyser Marston Associates, Inc.
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Table 1
City of Newark Population and Employment
I . - - - - • . -.. «--- � - Additio-nal� 2017
' � I 2016 . In progress . • through 2035 2035 1
Population'
Employment'
Office
Retail
50 %R&D
Total Commercial
Light Industrial
Heavy Industrial
50%R&D
Total Industrial
Total Employment
44,733 2,933
1,197
7,762
3,545
12,504
1,749
1,565
3,545
19,363
�
12,844 60,510
850 2,047
900 8,662
1,350 4,895
3,100 15,604
300 2,049
200 1,765
1,350 4,895
� �
4,950 24,313
' State Deportment of Finance E-5 is source of estimate of current population. Estimate of population in 2035 is the Newark General Pion.
2 ESRI is source of current employment estimates. 2035 employment estimates hove been provided City staff Prepared by Keyser Marston Associates, Inc.
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Table 2
Residential Units and Non-Residential Gross Building Area ; •
- --- - - • • ---Additional· 2017 I 1 2016 . In progress through 2035 2035 :

Res1dent1al Housing Units
Commercial SF2
Office
Retail
50%ofR&D
Total Commercial
Industrial SF'
Light Industrial
Heavy Industrial
50%R&D
Total Industrial
otal Commercial+ Industrial SF
13,470 908
est.
290,000
3,500,000
1,290.000
5,080,000
1,200,000
5,100,000
�
1,290,000
12,670,000
3,977 18,734
130,000 420,000
300,000 3,800,000
450.000 1,740,000
880,000 5,960,000
200,000 1,400,000
600,000 5,700,000
�
450.000
�
1,740,000
2,130,000 14,800,000
' Stole Deportment of Finance E-5 is source of estimate of current housing units. Estimates of future units Is based on General Pion estimates of population and SDOF overage household size of 3.31. 1 Estimates a/ non-residential gross building area have been provided by City staff and KMA based on standard employment density factors.

Prepared by Keyser Marston Associates, Inc.
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