Agenda packet, regular meeting — Newark City Council, February 26, 2026

AGENDA
Thursday, February 26, 2026
7:00 P.M.

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

1. Proclaiming Lunar New Year

2. Urban Land Institute Technical Assistance Panel Presentation 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 February 12, 2026, City Council Minutes

3. Adopt a resolution ratifying the Fifth Amendment and approving the Sixth Amendment to the

3. Adopt a resolution ratifying the Fifth Amendment and approving the Sixth Amendment to the Contractual Services Agreement with Yosh Enterprises, Inc. dba Orion Security for security guard services, and amending the 2024–2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025-26.

4. Adopter a Resolution Accepting work with Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007.FY2026 and 2025 Citywide Accessible Ramps Project No. CIPA10001.FY2026
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Adopt a resolution authorizing the City Manager to execute a side letter agreement with Republic Services regarding credit to single-family account holders to resolve costs incurred due to service disruption

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

I. CLOSED SESSION
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 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 873 2465 7028 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 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 [email protected] at least two days prior to the meeting at City Clerk or 510-578-4266.

Certification of Meeting Notice and Agenda Posting
This notice and agenda were posted on the City’s website and at the City Hall bulletin board located at 37101 Newark Boulevard, Newark, CA, at least 72 hours prior to the meeting date, in accordance with the Ralph M. Brown Act.

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

Senior Staff Members
David J. Benoun
City Manager
Lenka Hovorka
Assistant City Manager
Kristopher J. Kokotaylo
City Attorney
Steven Turner
Community Development Director
Edwin Miranda
CIO/Information Technology Director
Krysten Lee
Finance Director
Brittney Frye
Human Resources Director
Jonathan Arguello
Police Chief
Howard Young
Public Works Director
Nicholas Cuevas
Recreation and Community Services Director
Ryan Nishimoto
ACFD Deputy Chief
Roya Gonzalez
Strategic Initiatives Manager
Neetu Salwan
City Clerk
Colleen Lettire
Communications and Public Engagement Manager
Item B. 1.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM Kathy Slafter, Deputy City Clerk
SUBJECT Proclaiming Lunar New Year
Lunar New Year began Tuesday, February 17, 2026. A proclamation has been prepared.

Attachments
Proclamation 1964 Lunar Year
PROCLAMATION NO. 1964

PROCLAIMING LUNAR NEW YEAR
WHEREAS, Lunar New Year began Tuesday, February 17, 2026, as families around the world welcomed the Year of the Fire Horse; and WHEREAS, Lunar New Year is an important cultural observance for many Asian communities and Americans of Asian heritage, including those of Chinese, Korean, Vietnamese, Tibetan, Mongolian, Singaporean, Malaysian, and Filipino descent; and WHEREAS, Martial arts traditions reflect the spirit of renewal, discipline, and balance often associated with the Lunar New Year celebration; and WHEREAS, since 2020, an Annual Lunar New Year celebration has been hosted in collaboration with the City of Newark and the Newark Library, and local communities; and
WHEREAS, recognizing Lunar New Year promotes cultural understanding, mutual respect, and Newark’s commitment to inclusion, diversity, and community connection; and
WHEREAS, the City of Newark is a welcoming community that has evolved over the years, now having the largest Asian American racial group according to recent Census data.

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim February 17, 2026, as the beginning of the

LUNAR NEW YEAR
in Newark and wish everyone celebrating the holiday a Happy Lunar New Year, good fortune, health, and happiness.

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

MICHAEL K. HANNON
Mayor
Item B. 2.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM Angela Tsui, Deputy Economic Development Director
SUBJECT Urban Land Institute Technical Assistance Panel Presentation The City Council to receive a presentation from the Urban Land Institute Technical Assistance Panel regarding the Greater NewPark Mall area and Balentine Commercial Corridor.

As part of the City’s efforts to strengthen its retail market, the City has engaged the Urban Land Institute (ULI) to conduct a Technical Assistance Panel (TAP) to provide input and recommendations to optimize the synergy between land use, economic development, market trends, and community compatibility for the Greater NewPark Mall area. The TAP is a two-day process: the first full day includes site tours and stakeholder meetings, and on day two the panelists develop their recommendations and present to City Council at a City Council meeting. The TAP will take place on February 25 and 26, 2026, with a presentation scheduled for the City Council meeting on February 26, 2026.

The findings to be presented by the ULI TAP committee are advisory and high-level in nature. The TAP process is designed to generate ideas and perspectives that can inform future City policy and business development and investment attraction efforts. A written report will follow in the coming weeks. Potential next steps could include incorporating ideas into future code updates and economic development initiatives and programs, subject to City Council direction.

Item D. 1.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 01.29.26
Audited Demands 02.05.26

Item D. 2.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Approval of February 12, 2026, City Council Minutes Attachments
February 12, 2026 Council Meeting Minutes
Thursday, February 12, 2026 Draft Minutes Page 1 of 4

CITY OF NEWARK

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

DRAFT MINUTES
Thursday, February 12, 2026
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:09 p.m. Vice Mayor Jorgens, Council Members Grindall, Catancio, and Little were present.

B. PRESENTATIONS

1. Commending Macha Swag Dance
Mayor Hannon presented a commendation to the Macha Swag Dance Group and choreographers Ezhilvanan Oppilamani and Renukha K. Raj.

2. February 2026 American Heart Month
Mayor Hannon presented the proclamation to Community Outreach Manager Kayla Gupta, Director of Quality and Special Programs Maria Nunes, and Injury Prevention Coordinator Garrett Cordes of Washington Health.

3. Proclaiming February 2026 as Black History Month
Mayor Hannon presented the proclamation to Afro-American Cultural & Historical Society Founder Jean Ficklin & Secretary Marion Langford.

4. Newark Unified School District Presentation
Assistant Superintendent of Education Services Karen Allard delivered a presentation on Newark Unified School District student success initiatives. The presentation is on file with the City Clerk.

5. Introduction of a promoted employee
Mayor Hannon announced the promotion of Police Captain Brian Simon.

Mayor called for a recess at 7:50 p.m. The meeting resumed at 7:57 p.m.

C. PUBLIC COMMENT
Peter Friedrich spoke against public leaders supporting the organizations HSS (Hindu Swayamsevak Sangh) and RSS (Rashtriya Swayamsevak Sangh).

Thursday, February 12, 2026 Draft Minutes Page 2 of 4
D. CONSENT CALENDAR
No one from the audience requested to speak.

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

1. Approval of Audited Demands

2. Approval of January 22, 2026, City Council Minutes

3. Approval of February 5, 2026, City Council Minutes

4. Waive further reading and adopt an ordinance amending the contract between the City of Newark and the Board of Administration of the California Public Employees’ Retirement System Ordinance No. 562

5. Adopt a resolution approving an amendment to the Contractual Services Agreement with MNS Engineers, Inc. for additional on-call Public Works construction inspection services and amend the 2024-2026 Biennial Budget and Capital Improvement Plan
Resolution No. 11816

6. Waive further reading and adopt an ordinance amending Title 17 (Zoning) of the Newark Municipal Code to amend Chapter 17.26, §17.26.040, Accessory Dwelling Units, generally affecting development standards for the construction of Accessory Dwelling Units and Junior Accessory Dwelling Units, and to amend Chapter 17.45, §17.45.010, Residential Uses, generally affecting the use classification for Accessory Dwelling Units and Junior Accessory Dwelling Units Ordinance No. 563
E. PUBLIC HEARINGS
None.

F. OTHER BUSINESS

1. Informational report regarding playground design at Birch Grove, Mirabeau, and Jerry Raber Ash Street parks
Assistant City Manager Hovorka provided introductory remarks and project background.

City Engineer Miki Tsubota gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

Council members asked clarifying questions, engaged in discussion, and provided feedback regarding the playground design, including suggestions for increased connectivity between playgrounds on the same site and requesting staff to explore a parks-specific revenue source.

Thursday, February 12, 2026 Draft Minutes Page 3 of 4
Council Member Little announced that she would recuse due to a conflict of interest. Council Member Little left the City Council Chambers.

2. Informational report regarding playground design at Newark Community Park City Engineer Miki Tsubota gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

Council members asked clarifying questions, engaged in discussion, and provided feedback regarding the playground design to replace the current monster with another animal. They also considered alternative bid options, such as dismantling and displaying the monster or digitizing the installation, with potential community funding considerations.

Council Member Little returned to the Council Chambers.

G. CITY MANAGER UPDATES
Assistant City Manager Hovorka announced:

1. Recreation Coordinator Danielle Cranon-Jones has been selected as an honoree for Assemblymember Alex Lee’s Black History Month recognition event scheduled for Saturday, February 14, 2026, from 10:00 a.m. to 11:30 a.m. at Emmanuel Baptist Church in San Jose.

2. The Lunar New Year Variety Show will be held on Sunday, February 22, 2026, from 12:30 p.m. to 3:30 p.m. at the George M. Silliman Community Activity Center.

3. The 51st Annual Black History Month Program will take place on Saturday, February 14, 2026, from 12:00 p.m. to 4:00 p.m. at the George M. Silliman Community Activity Center.

4. Fitch Ratings revised the City’s outlook to Positive with a AA+ IDR, citing strong demographics, economic trends, and above-average household income.

H. CITY COUNCIL MATTERS
Council Member Little announced Mission Peak District Cub Scout Yo-Yo Day to be held on Saturday, February 28, 2026, from 1:00 p.m. to 6:00 p.m. at the First Presbyterian Church.

Council Member Grindall announced his monthly “Coffee with the Council Member” meeting scheduled for Sunday, February 15, 2026, from 10:00 a.m. to 11:30 a.m. at the Four Corners Starbucks, located at 5877 Jarvis Avenue, to discuss community concerns.

Council Member Catancio announced a free Lunar New Year community event celebrating the Year of the Fire Horse on Saturday, February 28, 2026, from 12:00 p.m. to 3:00 p.m. at the Newark Library, She reported attending the East Bay Realtors annual gala, and shared that the Filipino National Historical Society is seeking Bay Area historical photographs (1920s–1980s) for an upcoming publication.

Thursday, February 12, 2026 Draft Minutes Page 4 of 4
Vice Mayor Jorgens recognized Newark’s 150th anniversary and highlighted the historical significance of Swiss Park as a community gathering space, noting its connection to the City’s tradition of supporting recreational amenities.

Mayor Hannon reported attending a Newark High School student listening session, commended youth engagement, and expressed appreciation for colleagues’ community events and Council participation.

I. CLOSED SESSION
None.

J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:05 p.m.
_____________________________
Neetu Salwan, City Clerk
Item D. 3.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT Adopt a resolution ratifying the Fifth Amendment and approving the Sixth Amendment to the Contractual Services Agreement with Yosh Enterprises, Inc. dba Orion Security for security guard services, and amending the 2024–2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025-26.

SUMMARY AND RECOMMENDATION
The installation of City Hall’s permanent security infrastructure cameras, panic buttons, and related systems has now been completed. The City is entering a transition phase focused on training employees, collecting feedback, and evaluating long-term security needs, including whether ongoing security guard services are required.

To support this transition period, continued limited security staffing is needed to ensure operational continuity, provide coverage while employees are trained on new systems, and allow staff to conduct a formal assessment of future security service levels.

Staff recommend that the City Council:

1. Ratify the fifth amendment to the Contractual Services Agreement with Yosh Enterprises, Inc. dba Orion Security, which increases the agreement’s not-to-exceed amount by an additional $25,000;

2. Approve the sixth amendment authorizing the City Manager to further increase the not-to-exceed amount by an additional $25,000; and

3. Amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025-26 to appropriate $50,000 from the General Fund for this purpose.

This total not-to-exceed increase of $50,000 is anticipated to support security transition activities through June 2026, allowing sufficient time for employee training, evaluation of system performance, and determination of long-term security service needs.

BACKGROUND
In early 2022, the City engaged consultants to conduct security assessments of City In early 2022, the City engaged consultants to conduct security assessments of City facilities to determine the need for enhanced security measures such as cameras, panic buttons, access controls, and controlled entrances. To provide interim protection while permanent improvements were designed and installed, the City entered into an agreement with Orion Security on July 13, 2022, for a not-to-exceed amount of $49,999.

Due to the scope and complexity of the security improvements, the City Council approved multiple amendments to extend and expand the agreement. These included:
• First amendment (January 2023): Increased total to $77,999 • Second amendment (July 2023): Increased total to $132,999 • Third amendment (July 2024): Increased total to $156,999 • Fourth amendment (October 2024): Increased total to $204,999 to support continued security coverage during installation of permanent security systems • Fifth amendment (October 2025): Executed, but ratification needed, increased the total to $229,999 to support continued security coverage during final phases of installation
In April 2024, the City contracted with EyeP Solutions, Inc. to install City Hall’s long-term security systems, including cameras and building access management. That work has now been completed, marking the transition from construction to operational deployment.

DISCUSSION/ANALYSIS
While the physical security systems are now in place, City Hall is entering a critical transition period during which:
•    Employees must be trained on new access controls, security systems, and security procedures;
•    Staff must collect feedback on system usability and operational impacts; •    The City must evaluate whether ongoing security guard services are still needed, and if so, at what level; and
•    Policies, response protocols, and staffing models must be refined to ensure the system functions as intended.

During this transition, continued security guard services are necessary to ensure safety while employees adapt to new systems and while the City determines its long-term security strategy. Orion Security has been providing consistent, satisfactory service, and continuity during this transition will allow staff to make data-driven decisions regarding future security needs.

The Fifth Amendment was executed to maintain coverage during the final stages of system installation and increased the agreement by $25,000. City Council ratification is requested to formally approve the executed amendment. The proposed Sixth Amendment will extend and maintain security coverage during the operational rollout and evaluation period. This ensures that the City’s long-term security investments are fully integrated into daily operations while staff complete training, refine procedures, and develop recommendations on future security guard staffing. and develop recommendations on future security guard staffing.

FISCAL IMPACT
Staff requests authorization to amend the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2026 to appropriate $50,000 from the General Fund unappropriated fund balance for these agreements.

STRATEGIC PRIORITY AREA
This item is aligned with the following Strategic Priority Area: Boost Financial Resilience and Excellence in Service Delivery.

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 Orion 5th and 6th Amendments
Orion Contract Sixth Amendment
Orion Contract Fifth Amendment
Orion Contract and Amendments One through Four
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK RATIFYING AMENDMENT NO. 5 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 6 TO THE CONTRACTUAL SERVICES

AGREEMENT WITH ORION SECURITY TO PROVIDE

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

CAPITAL IMPROVEMENT PLAN
WHEREAS, on July 13, 2022, the City of Newark entered into a Contractual Services Agreement C22041 (the “Agreement”) with Orion Security (the “Consultant”) to provide specialized professional services (temporary security services); and WHEREAS, on January 12, 2023, City Council authorized the first amendment of the Agreement, increasing the total not-to-exceed amount by $28,000 for a total not-to-exceed amount of $77,999; and
WHEREAS, on June 22, 2023, City Council authorized the second amendment of the Agreement, increasing the total not-to-exceed amount by $55,000 for a total not-to-exceed amount of $132,999; and
WHEREAS, on June 13, 2024, City Council authorized the third amendment of the Agreement, increasing the total not-to-exceed amount by $24,000 for a total not-to-exceed amount of $156,999; and
WHEREAS, on October 24, 2024, City Council authorized the fourth amendment of the Agreement, increasing the total not-to-exceed amount by $48,000 for a total not-to-exceed amount of $204,999; and
WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the Parties executed Amendment No. 5 to increase the not-to-exceed compensation amount by $25,000 for a revised total not-to-exceed amount of $229,999, and City Council ratification is required; and
WHEREAS, the Parties desire to further amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount by an additional $25,000 for a revised total not-toexceed amount of $254,999; and WHEREAS, an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2025 will be necessary to appropriate funds for this Agreement.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby ratifies the fifth amendment to the Contractual Services Agreement with Orion Security, which increased the not-to-exceed amount by $25,000 for a total not-to-exceed amount of $229,999.

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute Amendment No.6 to the Contractual Services Agreement with Orion Security to increase the not-to-exceed amount by $25,000 for a total not-to-exceed amount of $254,999, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Council hereby authorizes an amendment to the 2024-2026 Biennial Budget and Capital Improvement Plan for Fiscal Year 2026 by appropriating $50,000 as follows:

TO: 110.22.022.200.6221 Human Resources Contractual Services $50,000 FR: 110.3000 Unappropriated Fund Balance $50,000

SIXTH AMENDMENT TO THE CONTRACTUAL

SERVICES AGREEMENT BETWEEN THE CITY OF

NEWARK AND ORION SECURITY
This Sixth amendment to the Contractual Services Agreement C22041 between the City of Newark, a municipal corporation, (“City”) and Orion Security, a Type “c” Corporation (“Consultant”) (sometimes referred to as “parties”) dated July 13, 2022 (the “Agreement”), is entered into as of February 27, 2026 for the provision of specialized professional services (Security Guard Services).

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

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $25,000, for a total not to exceed amount of $254,999 (from a previous not to exceed amount of $229,999).

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

City of Newark Consultant
______________________________ ________________________________ David Benoun Authorized Representative
City Manager Orion Security
Dated:___________________ Dated:_____________________________ Attest:
______________________________
Neetu Salwan
City Clerk
Approved as to Form:
________________________________________
Kristopher J. Kokotaylo
City Attorney
Docusign Envelope ID: E2C25C5E-B7FE-478B-AC29-A6AD54CCF397

FIFTH AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK AND ORION SECURITY
This Fifth amendment to the Contractual Services Agreement C22041 between the City of Newark, a municipal corporation, ("City") and Orion Security, а Туре “С" Corporation ("Consultant") (sometimes referred to as "Parties") dated July 13, 2022 (the "Agreement"), is entered into as of October 1, 2025 for the provision of specialized professional services (Security Guard Services).

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

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $25,000, for a total not to exceed amount of $229,999 (from a previous not to exceed amount of $204,999).

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

Docusign Envelope ID: E2C25C5E-B7FE-478B-AC29-A6AD54CCF397 City of Newark Consultant
-Signed by:

David Benoun
2F848B7496.. David Benoun
City Manager
-Signed by:

Yosk Galiramano
Authorized Representative
Orion Security
Dated: 10/20/2025 Dated: 10/14/2025
Attest:
-Signed by:
katlhy Slafter B4CF.. Kathy Slafte4F
Deputy City Clerk
Approved as to Form:

Signed by:
kristoplher kokotaylo
Kristopher J. Kokotaylo
City Attorney

FOURTH AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT

BETWEEN THE CITY OF NEWARK AND

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

NOW, THEREFORE, the Parties hereby agree as follows:

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

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

City of Newark Consultant
David Benoun Authorized Representative
City Manager Orion Security
Dated: ____________________ Dated: ____________________ Attest: ______________________________ Sheila Harrington City Clerk
Approved as to Form: ________________________________________ Kristopher J. Kokotaylo City Attorney

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Item D. 4.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM Michael Carmen, Assistant Engineer
SUBJECT Adopter a Resolution Accepting work with Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No.

CIPA10007.FY2026 and 2025 Citywide Accessible Ramps Project No. CIPA10001.FY2026
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution, accept the work of Villalobos & Associates, Inc., authorize the City Clerk to file the Notice of Completion with the County Recorder of Alameda County, and authorize the release of bonds and final retention payment for 2025 Curb, Gutter, Sidewalk Replacement Project No.

CIPA10007.FY2026 and 2025 Citywide Accessible Ramps Project No.

CIPA10001.FY2026.

BACKGROUND
Pursuant to Resolution No. 11,765, adopted July 24, 2025, the City Council awarded a contract to Villalobos & Associates, Inc. for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007.FY2026 and 2025 Citywide Accessible Ramps Project No.

CIPA10001.FY2026.

Streets that received new curb, gutter, and sidewalk replacement include:

Abington Drive, Abington Court, Bellflower Drive, Bellhaven Avenue, Bettencourt Street, Birch Street, Blackburn Drive, Buena Vista Drive, Cardiff Street, Castleford Court, Cedar Boulevard, Central Avenue, Chapman Drive, Civic Terrace Avenue, Conestoga Place, Dairy Avenue, Dalewood Drive, Dichondra Place, Farnham Drive, Hafner Street, Hafner Way, Hazelnut Drive, Honeysuckle Drive, Indian Wells Drive, Jasmine Avenue, Lake Boulevard, Larkspur Street, Marguerite Drive, Mayhews Landing Road, Merion Drive, Milani Avenue, Montcalm Avenue, Moores Avenue, Newark Boulevard, Nutmeg Court, Parada Street, Peachtree Avenue, Persimmon Place, Peugeot Place, Port Sailwood Drive, Portsmouth Avenue, Portsmouth Court, Quince Place, Reymouth Drive, Rose Court, Rushin Drive, Severn Drive, Shady Hollow Drive, Spruce Street, St. Edwards Street, Thornton Avenue, Toulon Place, and Tozier Street.

Streets that received new accessible ramps include:

Bellhaven Avenue, Bellhaven Place, Bellflower Drive, Blackburn Drive, Dalewood Drive, Donegal Court, Edith Street, Fountaine Avenue, Musick Avenue, Parkside Place, Ruschin Drive, and Portsmouth Avenue, and Portsmouth Court.

DISCUSSION/ANALYSIS
Staff has inspected the entire scope of work which has now been satisfactorily completed in accordance with the approved specifications and all applicable standards.

Pursuant to the State of California Public Contract Code, formal acceptance of the work by the City Council is now recommended.
"Before and after" photographs are attached to this staff report.

FISCAL IMPACT
On July 24, 2025, the City Council awarded a construction contract to Villalobos & Associates, Inc. in the amount of $709,800 and authorized a construction contingency of $71,200, for a total approved project allocation of $781,000.

During construction, certain field conditions required additional work that was addressed through the approved contingency. Approximately 50% of the authorized contingency was utilized. The final total project cost for the 2025 Curb, Gutter, Sidewalk Replacement Project (CIPA10007.FY2026) and the 2025 Citywide Accessible Ramps Project (CIPA10001.FY2026) is $746,037.80, which is within the amount previously authorized by the City Council.

Funding for these projects was provided through a combination of Alameda County Transportation Commission (ACTC) Measure B and Measure BB Local Streets and Roads Program funding sources. No additional appropriations are required.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The repair and maintenance of existing facilities is categorically exempt under the California Environmental Quality Act (CEQA) section 15301 (Existing Facilities).

REVIEW AND APPROVAL
Prepared by – Michael Carmen, Assistant Engineer
Reviewed by – 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
Before & After Photos
1544 Resolution
2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007 Before and After Photos
4927 Farnham Drive
`
5310 Lake Boulevard
5320 Castleford Court
5364 Milani Avenue
5364 Milani Avenue
6174 Bellhaven Avenue
6258 Bellhaven Avenue
6263 Montcalm Avenue
6266 Montcalm Avenue
6565 Central Avenue
7706 Hazelnut Drive
7775 Peachtree Avenue
8331 Mayhews Landing Road
8338 Mayhews Landing Road
8434 Persimmon Place
35316 Blackburn Drive
35430 Blackburn Drive
35692 Farnham Drive
36391 Bettencourt Street
36421 Hafner Court
36423 Peugeot Place
36648 Ruschin Drive
36833 Port Sailwood Drive
37798 Birch Street
7321 Dairy Avenue
35601 Conestoga Place (cul-de-sac island curb)
6208 Buena Vista Drive
39941 Parada Street
6495 Buena Vista Drive
6438 Cedar Boulevard (median curb and asphalt on Cedar Boulevard north of Mirabeau Drive) 2025 Citywide Accessible Pedestrian Ramp Project No. CIPA10001 Before and After Photos
5294 Abbey Court
36461 Newark Boulevard
36009 Ruschin Drive
5827 Musick Avenue
7401 Enterprise Drive – New Exit Only Driveway for Senior Center RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK ACCEPTING THE WORK WITH VILLALOBOS &
ASSOCIATES, INC. FOR 2025 CURB, GUTTER, SIDEWALK
REPLACEMENT PROJECT NO. CIPA10007.FY2026 AND 2025
CITYWIDE ACCESSIBLE PEDESTRIAN RAMP PROJECT NO.

CIPA10001.FY2026
WHEREAS, the City of Newark entered into a contract with Villalobos & Associates, Inc. pursuant to Resolution No. 11,765, adopted July 24, 2025, for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007.FY2026 and 2025 Citywide Accessible Pedestrian Ramp Project No. CIPA10001.FY2026, in the City of Newark; and WHEREAS, Villalobos & Associates, Inc. has successfully completed the improvements for 2025 Curb, Gutter, Sidewalk Replacement Project No. CIPA10007.FY2026 and 2025 Citywide Accessible Pedestrian Ramp Project No. CIPA10001.FY2026, in accordance with plans and specifications for the contract; and
WHEREAS, said work has been completed to the satisfaction of the City Engineer.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby accepts the improvements for 2025 Curb, Gutter, Sidewalk Replacement Project No.

CIPA10007.FY2026 and 2025 Citywide Accessible Pedestrian Ramp Project No.

CIPA10001.FY2026.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes the release of bonds guaranteeing completion of the work.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes the filing of a Notice of Completion with the Office of the County Recorder of Alameda County, California.

BE IT FURTHER RESOLVED that the City Council of the City of Newark hereby authorizes the City to issue payment including the release of a final retention payment to Villalobos & Associates, Inc. for the completion of 2025 Curb, Gutter, Sidewalk Replacement Project No.

CIPA10007.FY2026 and 2025 Citywide Accessible Pedestrian Ramp Project No.

CIPA10001.FY2026, pursuant to the contract.

Item F. 1.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM James Scanlin, Environmental Services Manager
SUBJECT Adopt a resolution authorizing the City Manager to execute a side letter agreement with Republic Services regarding credit to single-family account holders to resolve costs incurred due to service disruption
SUMMARY AND RECOMMENDATION
Allied Waste Services of North America LLC (Allied/DBA: Republic Services) provides collection, processing, and disposal services for solid waste, recyclable materials, and organics to residential, multi-family, and commercial customers in the City.

Commencing on July 8, 2025, and extending through July 18, 2025, some of Allied’s employees providing collection services in the City elected not to report to work and/or not to cross picket lines established by employees of a subsidiary of Allied. This resulted in waste collection services being delayed during this period. Allied has proposed providing a credit to all residential customers equivalent to the amount paid to Allied for the collection of waste for two weeks. As all waste was eventually collected and disposed of, and Allied paid the cost associated with the processing and disposal of the waste, the credit does not cover the portion of the bill associated with processing and disposal. The proposed credit for a single-family customer with a 32-gallon cart is $15.26 the total amount Allied would pay to residential customers is $204,292. Allied has also proposed reimbursing the City $25,000 for costs incurred by the City in dealing with the service disruption.

This agreement only covers single-family customers. Staff is in discussions with Republic Services regarding a credit to other residential, multi-family and commercial customers. To avoid further delay in the credit to single-family customers, an agreement on a credit for other residential, multi-family and commercial customers would be brought to the Council for consideration separately.

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the side-letter agreement with Allied Waste Services of North America LLC (Allied), requiring Allied to provide a credit to single-family customers for the disruption of waste services during July 2025, and a reimbursement to the City for disruption-related costs incurred by the City.

BACKGROUND

BACKGROUND
In January 2013, the City entered into an exclusive franchise agreement with Allied for the collection of solid waste, and the collection and processing oof source-separated recyclable materials, organic materials, and construction and demolition debris. In June 2023, the City amended and extended the agreement through June 30, 2033 (Agreement). The City has a separate agreement with the Fremont Recycling and Transfer Station for the disposal of solid waste that expires on June 30, 2037.

Commencing on July 8, 2025, and extending through July 18, 2025, some of Allied's employees providing collection services in the City elected not to report to work and/or not to cross picket lines established by employees of a subsidiary of Allied ("Dispute Period"). This resulted in the disruption of waste collection services to residential, multi-family, and commercial customers. Allied was able to continue limited collection service during the Dispute Period through the use of replacement drivers. Most residential customers received service of their solid waste containers within a week of their scheduled service day. Recyclable and Organic Material service to residents was generally delayed for the entire two-week Dispute Period. Service to commercial customers was more variable. Some commercial customers may not have had any service disruption.

The Agreement allows the City to assess liquidated damages in the event of missed collections. The estimated potential liquidated damages based upon the terms of the Agreement for missed residential collections is over $5 million. This does not include potential liquidated damages that could be assessed for missed multi-family and commercial accounts.

DISCUSSION/ANALYSIS
In July 2025, a labor dispute between Allied and the Teamsters Union disrupted waste collection in Northern California, specifically impacting the Central Valley and Bay Area. The strike was initiated on July 8, 2025, by members of Teamsters Local 439 at the Forward Landfill in Manteca. The Manteca strike triggered "solidarity strikes" across Northern California. Workers at other Allied locations refused to cross picket lines, leading to uncollected trash in over two dozen cities. Workers sought higher wages to keep pace with the cost of living, better health insurance, and improved labor protections. A tentative agreement was reached on July 18, 2025, ending the nearly two-week walkout. The deal reportedly included a 10% pay increase and additional benefits for the workers.

During the Dispute Period, Allied maintained a minimal level of service using replacement workers. Allied also worked with the Fremont Recycling and Transfer Station to allow Tri-City residents to drop off waste free of charge.

Other Affected Municipalities
Several municipalities in Northern California were affected by the strike, including Fremont, Union City, San Pablo, Piedmont, San Jose, Contra Costa, San Mateo County, and Half Moon Bay. There are differences in the specifics of the franchise agreements among the affected municipalities. These differences may affect how a municipality chooses to resolve issues related to the service disruption.

Fremont has reached an agreement with Allied regarding a credit to residential customers. The agreement is very similar to Allied's proposed agreement with the City.

Fremont residents with the standard-size solid waste cart service will receive $15.76.

Their credit is slightly higher due to a difference in their standard rate. Fremont has not reached an agreement on a credit to commercial customers. Other municipalities are pursuing similar agreements. Half Moon Bay is reportedly pursuing liquidated damages.

Pursuing liquidated damages could lead to extensive and uncertain litigation.

FISCAL IMPACT
The proposed side-letter agreement provides a one-time reimbursement of $25,000 from Republic Services to the City for costs incurred in responding to the July 2025 waste collection service disruption.

Republic Services will also issue service credits directly to residential customers, at no cost to the City, with an estimated total value of approximately $204,292. These customer credits will be applied by Republic Services and will not flow through the City’s financial statements.

STRATEGIC PRIORITY AREA
This item is aligned with the following Strategic Priority Area: Boost Financial Resilience and Excellence in Service Delivery.

REVIEW AND APPROVAL
Prepared by - James Scanlin, Environmental Services Manager Reviewed by - Howard Young, Public Works Director
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David Benoun, City Manager
Attachments
Resolution Republic Disruption Credit
Republic Services Side Letter
Exhibit A Side Letter
Presentation Service Disruption Credit
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE A SIDE-LETTER AGREEMENT WITH ALLIED

WASTE SERVICES OF NORTH AMERICA LLC (ALLIED),
REQUIRING ALLIED TO PROVIDE A CREDIT TO SINGLEFAMILY CUSTOMERS FOR THE DISRUPTION OF WASTE MANAGEMENT SERVICES DURING JULY 2025
WHEREAS, the City executed the Amended and Restated Franchise Agreement Between the City and Allied Waste Services of North America LLC (Allied) for Collection of Solid Waste and Collection and Processing of Source Separated Recyclable Materials, Organic Materials, and C&D dated June 1, 2023 (Agreement); and
WHEREAS, the Agreement requires Allied to provide weekly collection of solid waste, recyclable materials, and organic materials to all residential properties in Newark; and WHEREAS, a labor dispute between a subsidiary of Allied and the Teamsters Union occurred at the Forward Landfill in Manteca, California; and WHEREAS, members of the Teamsters Union set up picket lines at Allied facilities throughout the Bay Area, and some of Allied’s employees providing collection services in the city elected not to cross the picket lines; and,
WHEREAS, the labor dispute caused delays in the collection of solid waste, recyclable materials, and organic materials at properties in the city from July 8 through July 18, 2025; and, WHEREAS, Republic has proposed a negotiated settlement to address Single-Family customer impacts, including issuing service credits directly to residential customers equivalent to two weeks of collection charges, at no cost to the City, and providing a one-time reimbursement to the City for disruption-related costs; and
WHEREAS, the proposed side letter agreement provides for a one-time reimbursement to the City in the amount of $25,000 to offset City staff time and costs incurred in responding to the service disruption; and
WHEREAS, it is in the best interest of Allied’s Single-Family customers to resolve the credit issue without further delay.

NOW THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Side Letter Agreement Regarding Credit to Republic Services Single-Family Account Holders to Resolve Costs Incurred Due to Service Disruption, in a form approved by the City Attorney.

CITY OF NEWARK

Date: On or after February 26, 2026
The Parties:

City of Newark
Republic Services
Subject: Side Letter Agreement Regarding Credit to Republic Services Single-Family Account Holders to Resolve Costs Incurred Due to Service Disruption
Content:

This Side Letter Agreement (“Agreement”) to that Amended and Restated Franchise Agreement Between the City of Newark and Allied Waste Services of North America LLC for Collection of Solid Waste and Collection and Processing of Source Separated Recyclable Materials, Organic Materials and C&D dated June 1, 2023 (the “Franchise Agreement”), is entered into as of February 26, 2026 ("Effective Date") by and between the City of Newark (“City”) and Allied Waste Services of North America, LLC ("Allied") dba Allied Waste Services of Alameda County, to memorialize the agreement reached concerning the partial disruption of Allied’s collection services for Single-Family (as defined below) customers during the period of July 8, 2025 through July 18, 2025.

RECITALS

1. Allied provides collection services for the collection, processing, and disposal of solid waste, recyclable material, and organics to single-family, multi-family, and commercial customers in the City pursuant to the Franchise Agreement.

2. Commencing on July 8, 2025, and extending through July 18, 2025, some of Allied’s employees providing collection services in the City elected not to report to work and/or not to cross picket lines established by employees of an affiliate of Allied (the “Dispute Period”).

3. In recognition of the annoyance and inconvenience caused by the delay in collection services for most Single-Family customers in the City in July 2025, Allied has offered to provide credits to its Single-Family customers in the City pursuant to this Agreement.

4. Allied does the billing and collection for all solid waste services provided by Allied in the City and then remits to the City certain franchise and other fees based on its collections.

5. For purposes of this Agreement, the term “Single-Family” has the same meaning provided for the term in the Franchise Agreement.

6. As authorized by City Council Resolution, the City Manager has the authority to approve the following credit structure agreed to by Allied in this Agreement, in a form approved by the City Attorney, as a full and final resolution and settlement of claims the City may have against Allied arising from or related to the service disruptions for Allied’s Single-Family customers in the City during the Dispute Period.

AGREEMENT AND RELEASE
NOW THEREFORE, the City and Allied agree as follows:

1. Single-Family Customer Credits to be Provided.

For all Single-Family customers in the City, Allied will credit each of these customers for the collection services portion of their bills (which is a separate service component from the processing and disposal of solid waste, recyclables, and organics—and which later service component was provided to all Single-Family customers even though the collection of these materials was delayed) in the amounts detailed in Exhibit A, Table 1.

The estimated credit to Single-Family customers for base scheduled service is $204,292.63 as calculated in Exhibit A. Where applicable, the credits provided to an individual customer will include additional cans and backyard service credit consistent with the adjustment schedule provided in Exhibit A. Customers who deducted the anticipated credit will be credited for any late fees assessed by Allied Waste.

Allied will commence processing Single-Family customer credits starting with Allied’s billing cycle on March 28, 2026 and continue until all Single-Family customers who were subscribing to Allied’s services during the month of July 2025 have received the agreed-upon credits. All credits will be provided to SingleFamily customers no later than May 30, 2026.

2. Reimbursement of City Costs.

In addition to providing retail customer credits described in this Agreement, Allied will reimburse the City for its costs related to the July service interruptions, in the agreed amount of $25,000. Allied will pay this amount to the City through the monthly franchise reconciliation process in the month following the City's signature on this Agreement.

3. Resolution of Claims Relating to Single-Family Customer Credits Only.

The City agrees to release and discharge Allied and its affiliates from any claims arising from or related to the collection service disruptions that occurred in the City during the Dispute Period, including but not limited to any claims for liquidated damages, other fees, or breach of the Franchise Agreement, arising from or related to the service disruptions during the Dispute Period, for Single-Family customers only.

The City and Allied acknowledge that this Agreement represents a settlement and release of all claims related to the service disruptions during the Dispute Period for Single-Family customers only and the abovedescribed credits allowed on Allied’s billings and agree that the parties’ performance under this Agreement is not to constitute or be interpreted as an admission of any liability or wrongdoing whatsoever by any party to this Agreement.

This Agreement does not resolve the pending dispute between the City and Allied over the proper level of credits for Commercial, Multi-Family, and Residential (as defined in the Franchise Agreement), excepting Single Family, customers in the City. However, the parties have agreed not to delay the provision of the agreed credits to Single-Family customers while the City and Allied continue their discussions over credits to Commercial and Multi-Family customers in the City. The City and Allied agree to continue such discussions in good faith.

4. Entire Agreement.

This Agreement, including the recitals, constitutes the entire agreement and understanding of the City and Allied and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Each Party acknowledges that in entering into this Agreement, it has not relied on any promise, representation, or warranty not contained in this Agreement.

EACH OF THE PARTIES CERTIFIES THAT IT HAS READ THIS AGREEMENT AND

FULLY UNDERSTANDS AND AGREES TO EACH OF THE ABOVE TERMS, CONDITIONS, AND PROVISIONS. EACH SIGNATORY TO THIS AGREEMENT REPRESENTS AND

WARRANTS THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE PARTY FOR WHICH HE OR SHE EXECUTED THE AGREEMENT.

IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto has caused this Agreement to be executed as of the date(s) set forth below.

Signature Block:

Republic Services: _________________________________
City of Newark: __________________________________
1 Exhibit A
Residential Calculations
Allied’s credits will include the City's franchise fees on the amounts credited by Allied and the City agrees to forego its fees on the credit amounts.

Regular Container Size Monthly Rate Disposal Cost
Franchise Fee on
Disposal
Monthly Charge
without Disposal
2-Week Credit
(Customer
Facing)
Customer
Quantity
Estimated Total
Credit
20g $40.65 $8.73 $2.18 $29.74 $13.74 964 $13,242.00
32g $45.16 $9.70 $2.42 $33.04 $15.26 6,995 $106,747.52
64g $79.99 $17.18 $4.29 $58.52 $27.03 1,857 $50,195.38
96g $114.80 $24.65 $6.16 $83.99 $38.79 202 $7,836.27
$178,021.18
Life Line/ Senior Container Size Monthly Rate Disposal Cost Franchise Fee on
Disposal
Monthly Charge
without Disposal
2-Week Credit
(Customer
Facing)
Customer
Quantity
Estimated Total
Credit
20g $34.54 $7.42 $1.85 $25.27 $11.67 492 $5,742.53
32g $38.40 $8.25 $2.06 $28.09 $12.98 1,223 $15,869.89
64g $67.99 $14.60 $3.65 $49.74 $22.98 187 $4,296.38
96g $97.56 $20.95 $5.24 $71.37 $32.97 11 $362.64
$26,271.45
Backyard Service Monthly Rate Disposal Cost
Franchise Fee on
Disposal
Monthly Charge
without Disposal
2-Week Credit
(Customer
Facing)
20g $60.96 $13.09 $3.27 $44.60 $20.60
20g (Lifeline/Senior) $51.80 $11.12 $2.78 $37.90 $17.50 32g $67.74 $14.55 $3.64 $49.56 $22.89
32g (Lifeline/Senior) $57.56 $12.36 $3.09 $42.11 $19.45 64g $120.00 $25.77 $6.44 $87.79 $40.55
64g (Lifeline/Senior) $101.99 $21.90 $5.47 $74.62 $34.46 96g $172.19 $36.97 $9.24 $125.97 $58.19
96g (Lifeline/Senior) 146.35 $31.42 $7.86 $107.07 $49.45 Extra Solid Waste Cart Monthly Rate Disposal Cost
Franchise Fee on
Disposal
Monthly Charge
without Disposal
2-Week Credit
(Customer
Facing)
32g $27.11 $5.82 $1.46 $19.83 $9.16
64g $47.97 $10.30 $2.58 $35.09 $16.21
96g $68.81 $14.77 $3.69 $50.34 $23.25
32g (Backyard) $40.66 $8.73 $2.18 $29.75 $13.74
64g (Backyard) $71.96 $15.45 $3.86 $52.65 $24.32
96g (Backyard) $103.25 $22.17 $5.54 $75.54 $34.89
Extra Yardwaste Cart Monthly Rate Processing Cost
Franchise Fee on
Processing
Monthly Charge
without Disposal
2-Week Credit
(Customer
Facing)
64g $11.29 $2.42 $0.61 $8.26 $3.82
64g (Backyard) $40.66 $8.73 $2.18 $29.75 $13.74
Extra Recycle Cart Monthly Rate Processing Cost
Franchise Fee on
Processing
Monthly Charge
without Disposal
2-Week Credit
(Customer
Facing)
64g $6.79 $1.46 $0.36 $4.97 $2.29
64g (Backyard) $40.66 $8.73 $2.18 $29.75 $13.74
Waste Collection Service
Disruption Credit
City Council Meeting
February 26, 2026
1 It is our mission to serve and partner with our community to continually enhance the quality of life of everyone in Newark.

Background
• A labor dispute disrupted waste collection services in Newark from July 8 through July 18, 2025
• Recycling and Organics not collected
• MSW collection significantly delayed
• Several other Bay Area municipalities were affected
City Council: February 26, 2026
Waste Collection Service Disruption Credit
2 Proposed Settlement
• Credit to Single-Family Residential Customers
• Covers two-week cost of collection for 3-streams
($15.26)
• Does not cover the cost of disposal
• Does not cover Commercial or Multi-Family
• Reimbursement to City for Disruption-Related Costs
City Council: February 26, 2026
Waste Collection Service Disruption Credit
3 Recommendation
Staff recommends that Council adopt a resolution to
authorize the City Manager to execute a side-letter
agreement with Allied Waste Services of North America
LLC, requiring Allied to provide a credit to all residential customers for the disruption of waste collection services during July 2025, and a reimbursement to the City for
disruption-related costs.

City Council: February 26, 2026
Waste Collection Service Disruption Credit
4 Questions
and Comments
5 Item F. 2.

DATE 02/26/2026
TO Honorable Mayor and City Council Members
FROM Oscar Carrillo, Community Preservation Manager
SUBJECT Community Preservation Update Informational Report The Community Preservation Division is responsible for enforcing the provisions of the Newark Municipal Code. Its mission is to ensure compliance through intervention, education, and enforcement. Community Preservation is committed to partnering with the community to uphold neighborhood property maintenance standards, preserve property values, and foster a healthy, aesthetically pleasing community to live, work, and play.

Staff will present an overview of community preservation's work, emphasizing its process, jurisdiction, and key challenges. Staff will also highlight recent accomplishments and service improvements and provide an overview of upcoming initiatives.

Attachments
Community Preservation Update Presentation
City Council Meeting
February 26, 2026
Community Preservation
Overview and Update
Overview
• Mission • Team • Our Work • Process • Challenges • Data • Accomplishments • Looking Ahead • Q & A 2 Mission Statement
The Community Preservation Division is
responsible for enforcing the provisions of the
Newark Municipal Code. To fulfill this duty, we
ensure compliance through intervention,
education, and enforcement. We are
committed to partnering with the community
to uphold neighborhood property maintenance
standards, with the goal of preserving property
values and fostering a healthy, aesthetically
pleasing community to live, work, and play.
3 Our Team
4 Oscar Carrillo
Community
Preservation
Manager
Vacant
Community
Preservation
Specialist
Shama Khan
Community
Preservation
Specialist
What We Do
We enforce various Newark
Municipal Codes that
regulate private property. • Blight • Land Use • Substandard Housing • Unpermitted Construction
5 What We Don’t Do
• Vehicle Abatement
• Disturbances of the
Peace
• Sidewalk Maintenance
• Illegal Dumping on the
Public Right-of-Way
6 Process • Intake • Investigation • Education • Noticing • Enforcement • Resolution 7 Intake and Investigation
8 Intake
Online
TextMyGov
Phone
Email
Walk-in
Investigation
Inspection
Research
Interviews
Mailings
Assessment
Each report is reviewed
by staff. It is assigned to
staff if it falls under our
jurisdiction or is referred
to the appropriate
agency.

Complexities
9 Responsible
Party
• Deceased
Owners
• Personal Issues
• Mental Health
Issues
• Financial Issues
Evidence
• 4th Amendment
• Right to Privacy
• Inspection
Warrant
Due Process
• Appeals
• Administrative
Remedies
• Abatements
• Other Legal
Considerations
Staffing Challenges
10 • Vacancy
• Mid-2025
• Working at 50% staffing
• Reclassification
• Specialist I/II
• Current Recruitment Update
• Priority is to ensure the stability
required to maintain the
increasing demand for services.

Staffing Success
11 • Specialist I/II
• Entry-level role for early-career staff
• Journey-level role for experienced
staff
• Strengthen internal career
development
• Wider recruitment flexibility
• Competitive salary ranges
• February 2026 Recruitment
• Onboarding end of March
Workload
12 • Moderate growth from
2022 to 2023
• Significant spike in
2024 (+66%)
• Slight stabilization in
2025
• Trend suggests an
increasing demand for
enforcement
304
344
570
505
0 100
200
300
400
500
600
Total New Cases
2022 2023 2024 2025
Case Types 2023-2025
13 • Illegal construction
cases made up 45%
and 51% of new
cases in 2024 and
2025.
• Tobacco and Signage
cases are an
emerging category
52 72 56 51
112
240
92 86
56 71
230
66 46
51 17
15 58
0 100
200
300
400
500
600
Illegal Construction General Conditions Landscaping Storage/Debris/Garbage Signage Tobacco Other Primary Drivers of New Cases (2023-2025)
2023 2024 2025
Code Enforcement Actions
14 • Actions are any activity
taken in a case:
inspections, phone calls,
emails, or notices are
examples.
• Total case actions
increased significantly
from 2023 to 2024, with
a slight decrease in 2025.
• Lost one staff member
mid-2025.
• Activity remained strong
due to coverage by
remaining staff.
0 100
200
300
400
500
600
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Monthly Case Actions (2022-2025)
2022 2023 2024 2025
Year 2022 2023 2024 2025
Total 713 1478 3638 3145
Loss of One 1 FTE
Active Cases
15 • Count taken at the
start of every
month
• Steady increase
since late 2023
• 65% increase over
this period
• Average caseload
per position
increased from 66
to 109 132
165
140
167
200
187
181
214
218
100
120
140
160
180
200
220
Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 23 23 23 23 24 24 24 24 24 24 24 24 24 24 24 24 25 25 25 25 25 25 25 25 25 25 25 25 Number of Active Cases
Tobacco Retail License
16 • 36 Tobacco retailers
• 9 citations issued
• Targeted operations in
October resulted in 4
license suspensions
• CDTFA seized over 50
banker boxes of illegal
products
Rental Inspection Pilot Program
17 A proactive rental
inspection program can
increase compliance
with housing regulations,
improve our
community’s quality of
life, and protect our
residents’ health and
safety.

Multiple-housing (MH)
unit is defined as three
independent living units
within one building
185 MH properties were
identified Average year built: 1967
1529 total units 16% of units consist of
3-plexes
10% of units consist of
4-plexes
Next steps: Assess
complaint and permit
histories for older
buildings
Use this data to identify
an appropriate pilot
program area
Rental Inspection Pilot Launch
18 • Pilot area has been
preliminarily chosen
• Outreach to commence in
March
• Provide an opportunity to
personally meet with the
property owners
• Notify impacted tenants
prior to inspections
• Inspections are expected to
begin in April
Community Survey
19 • ETC Institute conducted a resident
survey during Fall 2025
• Since 2023, the satisfaction levels of:
• Enforcement of maintenance of
residential properties increased
by 11.3%
• Overall enforcement of city codes
and ordinances increased by

10.8%
• Overall professionalism of code
enforcement officers increased by

10.4%
Proactive Work
20 Illegal Dumping Graffiti Encampments
Looking Ahead
21 Municipal Code Updates
Inspector Academy
Officer Safety
Municipal Code Updates
22 State of
Disrepair
Overgrown
Vegetation
Title 7
Cleanup
Housing
Code
Updates
Code Inspector Academy
23 Code
Enforcement
101
Inspection
Protocols
Case
Management Report Writing
Ethics Search and
Seizure Research Zoning
Officer Safety
24 Situational Awareness
Body Language
De-escalation
Mental Health
Encampments
Hoarding
Environmental Hazards
25 Questions?
Thank You

Newark City CouncilFebruary 26, 2026

Newark City Council
February 26, 2026