Agenda packet, regular meeting — Newark City Council, April 23, 2026 (part 7 of 7)

However, the URTA has an identical parameter assessing threat to aquatic life (wildlife) by characterizing the amount of “Transportable, Persistent, Buoyant Litter.” If the raw score for this parameter fell in the marginal urban or poor condition category (scores 0-10, corresponding to a count of 76-200 pieces of such litter), then WILD is deemed not supported.

Although Water Board staff only considered the “level of trash” and “threat to aquatic life” parameters for determining impairment status, the SWAMP and SCVURPPP trash assessment methods have four additional parameters that can provide additional information about both the condition and cause of the trash encountered during assessment (SFBRWQCB 2007a). The assessments include a parameter indicating the total number of trash items counted on the 100- foot stream reach, both above and below the high water line. This is an efficient parameter to use to obtain a rough comparison of the trash impacts between sites, but it can be misleading because sometimes trash items are broken into many pieces, thus inflating the count.

The “threat to human health” parameter accounts for the number of items that are dangerous to humans who wade or swim in the water, and the presence of pollutants that could accumulate in fish in the downstream environment, such as mercury. The worst conditions for this parameter have the potential for the presence of dangerous bacteria or viruses, such as with medical waste, diapers, and human or pet waste. The “illegal dumping and littering” parameter relates to direct placement of trash items at a site, with “poor” conditions assigned to sites that appear to be dumping or littering locations based on adjacent land use practices or site accessibility. Finally, the “accumulation of trash” parameter can be used to distinguish trash that is transported from upstream locations from dumped trash. This is accomplished by noting indications of age and transport. Faded colors, silt marks, trash wrapped around roots, and signs of decay suggest downstream transport, indicating that the local drainage system facilitates conveyance of trash to water bodies.

Evaluation of Photographic Evidence for Trash
Nearly 900 photos of trash impacts were submitted and evaluated to make impairment determinations. These photos presented a fundamental impairment assessment challenge: how to interpret what can be seen in the photos relative to beneficial use impairment? The method we employed was to view the photos as if the water body was being assessed according to the RTA procedure. One of the co-authors of the RTA inspected every photograph and attempted to establish the RTA score for the “level of trash” and “threat to aquatic life” parameters, which relates to impairment of REC-2 and WILD, respectively. One of the first objectives of this photo inspection was to determine if the quantity and quality of the photos were sufficient to establish these parameter scores. Some photos were not clear enough to accomplish this.

In order to establish that the “Level of Trash” parameter was in the poor condition category, we required that reach-scale (i.e., showing most or all of the reach of the creek being photographed) and close-up photos of stream reaches must demonstrate a similar level of Attachment E - 20
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trashiness as the ‘poor condition’ category of the RTA assessment parameter. In other words, we determined if the visual impression of the photos was consistent with the visual impression the evaluator might have experienced during actual RTA assessments for locations scoring in the ‘poor condition” category. A similar determination was made for each photo relative to the “threat to aquatic life” parameter.

Spatial and Temporal Representativeness of Trash Impairment As a general rule, water bodies recommended for inclusion on the 303(d) list for trash are those for which there is evidence of trash problems persisting through space and time. We applied this rule to trash assessment data and photographic data. In order to recommend listing, we typically required both that the water body contain two or more sites that show evidence of trash impairment (according to assessment or photo documentation) and that evidence of trash impairment existed on two or more occasions. There were instances in which a listing recommendation was made based on data for multiple occasions but only at one location if there were no other data available, but these were very rare exceptions. For San Francisco Bay listings, if shoreline or creek mouth sites satisfied these data sufficiency requirements, we recommended that the applicable bay segment be listed. In fact, for the bay segments recommended for listing (Central and Lower), there were at least two shoreline or creek mouth locations with unacceptably high levels of trash.

3.3 Fact sheet development
Water Board staff developed a Fact Sheet for each water body - pollutant combination that resulted in a listing or delisting recommendation, summarizing the data used to make the decision, the criteria used, and the basic water body characteristics. Figure 1 shows a template provided by the State Board and lists all categories of information required to develop a fact sheet and characterize the cause of impairment.

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Region:

Water Body Segment:

Pollutant:

Decision: List/De-List
Weight of Evidence
RWQCB Staff Recommendation
Line of Evidence:

Fraction: Options for this field are none, not recorded, total, dissolved (does not include suspended), and total dissolved.

Matrix: Options for this field are tissue, water, sediment, N/A. This is the monitoring data sample medium.

Beneficial use(s): Find appropriate beneficial use in your Region’s Basin Plan.

Water Quality Objective/Criteria: Find in Basin Plan or use CTR or other appropriate water quality objective or criterion and completely cite it here and reference where you found it.

Evaluation Guideline: If the objective is narrative, use the appropriate evaluation guideline and completely cite it here and reference where you found it.

Data Used to Assess Water
Quality:

Summarize data assessed here. What is the total number
of samples? How many of these samples exceed the
objective/criterion/guideline?
Data References: Cite the data reference used for this assessment.

Spatial Representation: Where were the samples collected? How many stations, etc?
Temporal Representation: When were the samples collected? What was the sampling timeframe, etc?
Water Body Specific Information: Environmental conditions or factors that might effect data used in assessment [e.g. Fire/Flood/Dry Year event, etc.] Data Quality Assessment Excellent, good, fair, poor, unknown, and none QAPP Information: Clearly describe the quality assurance plan or document that applies to the data used for this assessment.

Reference the QA plan that was used. For example:
“Quality Control for the chemical analysis portion of this study was conducted in accordance with Standard
Operating Procedure QAQC001.00 (Segawa, 1995).”
Figure 1: Fact sheet template for the 303(d) List
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4 Listing Decisions

4.1 Proposed additions to the 303(d) list of impaired water bodies Table 4 shows all proposed additions to the 303(d) list. Much more comprehensive information is available regarding these new proposed listings in the Fact Sheets (Appendix C). Locations of the water bodies evaluated as impaired during the 2008 listing period are shown in Figure 2 and Figure 3.

Table 4: Proposed 2008 additions to 303(d) list of impaired water bodies Water Body Beneficial Uses Pollutant/ Cause of
impairment
Almaden Lake Commercial and Recreational Collection
of Fish, Shellfish, or organisms
Mercury (tissue)1
Almaden Reservoir Commercial and Recreational Collection of Fish, Shellfish, or organisms
Mercury (tissue)1
Arroyo Las Positas Creek Warm Freshwater Habitat Nutrient/Eutrophication Biological Indicators
Arroyo Mocho Creek Cold Freshwater Habitat (potential) Temperature Codornices Creek Cold Freshwater Habitat Temperature
Kirker Creek Warm Freshwater Habitat Pyrethroids2
Water Toxicity
Mount Diablo Creek Cold Freshwater Habitat Water Toxicity Permanente Creek Cold Freshwater Habitat Selenium
Water Toxicity
San Mateo Creek Lower Wildlife Habitat Sediment Toxicity Stevens Creek Cold Freshwater Habitat Temperature
Suisun Creek Cold Freshwater Habitat Dissolved Oxygen
Temperature
Old Alameda Creek Non-Contact Recreation and Wildlife
Habitat
Trash
Baxter Creek Non-Contact Recreation and Wildlife
Habitat
Trash
Cerrito Creek Non-Contact Recreation and Wildlife
Habitat
Trash
1 The Guadalupe River Watershed TMDL is expected to address this impairment 2 San Francisco Bay Urban Creeks Diazinon and Pesticide-Related Toxicity TMDL approved by USEPA on 5/16/07 will address pyrethroids impairment in Kirker Creek.

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Water Body Beneficial Uses Pollutant/ Cause of
impairment
Codornices Creek Non-Contact Recreation and Wildlife
Habitat
Trash
Colma Creek Non-Contact Recreation and Wildlife
Habitat
Trash
Coyote Creek Non-Contact Recreation and Wildlife
Habitat
Trash
Damon Slough Non-Contact Recreation and Wildlife
Habitat
Trash
Grayson Creek Wildlife Habitat Trash
Guadalupe River Non-Contact Recreation and Wildlife
Habitat
Trash
Kirker Creek Wildlife Habitat Trash
Matadero Creek Wildlife Habitat Trash
Permanente Creek Wildlife Habitat Trash
Petaluma River Non-Contact Recreation and Wildlife
Habitat
Trash
Rindler Creek Non-Contact Recreation and Wildlife
Habitat
Trash
San Francisco Bay (Central)
shoreline
Non-Contact Recreation and Wildlife
Habitat
Trash
San Francisco Bay (Lower)
shoreline
Non-Contact Recreation and Wildlife
Habitat
Trash
San Francisquito Creek Non-Contact Recreation and Wildlife Habitat
Trash
San Leandro Creek Lower Non-Contact Recreation and Wildlife Habitat
Trash
San Mateo Creek Non-Contact Recreation and Wildlife
Habitat
Trash
San Pablo Creek Non-Contact Recreation Trash
San Tomas Creek Wildlife Habitat Trash
Saratoga Creek Wildlife Habitat Trash
Sausal Creek Wildlife Habitat Trash
Silver Creek Wildlife Habitat Trash
Stevens Creek Wildlife Habitat Trash
Strawberry Creek Non-Contact Recreation and Wildlife
Habitat
Trash
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Figure 2: Proposed 2008 new 303(d) listings for toxicants and conventional pollutants Attachment E - 25
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Old Alameda Creek
Figure 3: Proposed 2008 303(d) listings for trash
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4.2 Proposed delisting and status change
Delist nickel in Sacramento San Joaquin Delta, San Pablo Bay, Suisun Bay Based on the readily available data and information, there is strong justification for removing these water segment-pollutant combinations from the section 303(d) list in the Water Quality Limited Segments category. The Basin Plan contains nickel water quality objectives of 8.2ȝg/L as a 4-day average and 74ȝg/L as a 1-hour average. Data collected by the Regional Monitoring Program and Special Copper/Nickel study from 1993 through 2005 showed that none of the 59 analyzed water samples from the Sacramento San Joaquin Delta exceeded the water quality objectives, none of the 107 analyzed water samples from San Pablo Bay exceeded the water quality objectives, and none of the 96 analyzed water samples from Suisun Bay exceeded the objectives.

Change listing status: Castro Cove, Richmond (San Pablo Basin) - addressed by action other than TMDL
This water body was listed in 2006. Since that time a cleanup and abatement order (Order No.

R2-2006-0078) requiring remediation of sediment contamination in the listed portion of Castro Cove was issued. The cleanup action involves removal of contaminated sediment and supports other abatement measures in place, such as the mercury TMDL approved by USEPA on February 12, 2008. Cleanup is underway and, upon its completion, it is expected that this water body will meet applicable water quality standards.

In November 2007, the Water Board received a Monitoring and Risk Management Plan that includes post-dredging confirmation monitoring to demonstrate that chemical contamination in the sediment has been reduced to levels that no longer pose unacceptable ecological risk. The cleanup completion is scheduled for 2010, and it is expected that this action will attain beneficial uses. Therefore, we recommend that Castro Cove be moved from the 303(d) list requiring a TMDL to the 303(d) list of water bodies being addressed by an action other than a TMDL.

4.3 TMDL schedule
All water body-pollutant combinations on the section 303(d) list are assigned with a proposed TMDL completion date. The maximum time that can elapse between 303(d) listing and TMDL completion is 13 years. Accordingly, we have assigned all new listings a TMDL completion date of 2021. This does not suggest that all new listings have the same priority, but rather that the factors determining TMDL priorities have not yet been evaluated as part of this listing process. These factors will be considered through our continuing planning process and with input from our Board and stakeholders. These factors include:
 Water body significance;
 Severity of pollution;
 Degree of impairment;
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 Potential threat to human health and the environment;  Water quality benefits of ongoing activities in the watershed;  Potential for beneficial use protection and recovery;  Degree of public concern;
 Availability of funding; and
 Availability of data and information to address the water quality problem.

4.4 Do-Not-List recommendations
This section presents two categories of water bodies for which a “do not list” decision was made. Table 5 lists good quality waters. For these waters there are sufficient data to determine that at least some beneficial uses are supported, and no data are available that suggest nonattainment of beneficial uses. Fact sheets for each of these recommendations are available online (Appendix C).

Table 5: Do Not List recommendations: Some beneficial uses supported Water Body Designated/Potential Uses Supporting Data
Easkoot Creek Aquatic Life/
Cold Freshwater Habitat
Benthic macroinvertebrate
bioassessment
Temperature
Dissolved Oxygen
Pine Gulch Creek Aquatic Life/
Cold Freshwater Habitat
Benthic macroinvertebrate
bioassessment
Temperature
Dissolved Oxygen
Redwood Creek Aquatic Life/
Cold Freshwater Habitat
Benthic macroinvertebrate
bioassessment
Temperature
Dissolved Oxygen
Rodeo Creek Aquatic Life/
Cold Freshwater Habitat
Benthic macroinvertebrate
bioassessment
Temperature
Dissolved Oxygen
Tennessee Valley Creek Aquatic Life/
Cold Freshwater Habitat
Benthic macroinvertebrate
bioassessment
Temperature
Dissolved Oxygen
Webb Creek Aquatic Life/
Cold Freshwater Habitat
Benthic macroinvertebrate
bioassessment
Temperature
Dissolved Oxygen
Table 6 lists water body-pollutant combinations, for which there was insufficient information Attachment E - 28
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to determine whether or not water quality standards are being attained. In some cases, there are a small number of water quality standard exceedances, but they are insufficient to demonstrate impairment in accordance with the Listing Policy. Thus, for these water bodypollutant combinations, more data should be collected to allow for a definitive determination in a subsequent listing cycle. The Fact Sheets for these water body-pollutant combinations, other than for trash assessment, are provided in Appendix C, online.

Table 6: Do Not List recommendations: Insufficient information to determine if beneficial uses are attained
Water Body Designated/Potential Uses Supporting Data
Arroyo Viejo Creek Aquatic Life/
Warm Freshwater Habitat
Toxicity sediment
Cr , Cu, As, Ni – sediment
Audubon Canyon Creek Aquatic Life/
Cold Freshwater Habitat
Nitrate
Codornices Creek Aquatic Life /
Warm Freshwater Habitat
Dissolved oxygen
Glen Echo Creek Aquatic Life/
Warm Freshwater Habitat
Toxicity sediment
As, Cr, Cd, Cu, Pb, Hg,
Ni – sediment
Cu, Pb, Ni, Zn – water
Lion Creek Aquatic Life/
Warm Freshwater Habitat
Dissolved oxygen
Lobos Creek Aquatic Life/
Warm Freshwater Habitat
Toxicity water
Toxicity sediment
Morses Gulch Creek Aquatic Life/
Cold Freshwater Habitat
Nitrate
Mt Diablo Creek Aquatic Life /
Warm Freshwater Habitat
Dissolved oxygen
Toxicity sediment
Peralta Creek Aquatic Life /
Warm Freshwater Habitat
Toxicity sediment
Pyrethroids
Diazinon
Permanente Creek Aquatic Life /
Cold Freshwater Habitat
Toxicity sediment
San Leandro Creek, Lower Aquatic Life /
Warm Freshwater Habitat
Chromium
Stevens Creek Aquatic Life /
Warm Freshwater Habitat
Dissolved oxygen
Temescal Creek Aquatic Life/
Warm Freshwater Habitat
Toxicity water
Cu, Pb, Ni, Zn – water
Walker Creek Aquatic Life /
Cold Freshwater Habitat
Temperature
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4.5 Editorial revisions to the 2006 303(d) list
In addition to the proposed status changing actions, we reviewed and clarified the decision language for water bodies on the 303(d) list adopted in 2006. In particular, careful consideration was given to updating the expected schedules for TMDL completion. In addition, the updated list reflects U.S. EPA approval of TMDLs adopted since the 2006 303(d) list was approved. All of these revisions are editorial in nature and do not change the listing status of any water body. These revisions to the 2006 303(d) list of impaired water bodies are shown in Appendix C, online.
5 303(d)/305(b) Integrated Report
The 303(d)/305(b) Integrated Report will be prepared by State Board based on the information submitted in this report and similar information prepared by all the other Regions. The Integrated Report will then be submitted to the U.S. EPA. All of the assessments reflected in the Fact Sheets included in this report will be used to determine which category to assign to the evaluated water bodies. Additional Fact Sheets may be prepared for non-303(d) listed water bodies for inclusion in the Integrated Report.

The US EPA defines five non-overlapping categories for use in the integrated assessment (USEPA 2005). These categories include:

Category 1: All designated uses are supported, no use is threatened; Category 2: Available data and/or information indicate that some, but not all of the designated uses are supported (see Table 5 above);
Category 3: There is insufficient available data and/or information to make a use support determination (see Table 6 above);
Category 4: Available data and/or information indicate that at least one designated use is not being supported or is threatened, but a TMDL is not needed; and Category 5: Available data and/or information indicate that at least one designated use is not being supported or is threatened, and a TMDL is needed (Table 4 above).

The 2008 Integrated Report adopted by State Board will include the 303(d) listing changes approved by each Regional Water Board. Categories 4 and 5 reflect those water bodies placed on the 303(d) list.

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6 References
CVRWQCB. 2006. Amendments to the Water Quality Control Plan for the Sacramento River and San Joaquin Rivers Basins for the Control of Diazinon and Chlorpyrifos. June 2006. Final Staff Report:
http://www.waterboards.ca.gov/centralvalley/water_issues/tmdl/central_valley_projects/delta_op _pesticide/final_staff_report/delta_dc_bpa_staff_rpt.pdf CVRWQCB. 2008. A Compilation of Water Quality Goals. Report prepared by J.B. Marshack. http://www.swrcb.ca.gov/rwqcb5/water_issues/water_quality_standards_limits/water_quality_go als/index.shtml
MacDonald, D.D., Ingersoll, C.G. and T.A. Berger. 2000. “Development and evaluation of consensus-based sediment quality guidelines for freshwater ecosystems”. Archives of Environmental Contamination and Toxicology. 39:20-31.

SFBRWQCB. 2001. Draft Staff Report: Proposed Revisions to Section 303(d) List and Priorities for Development of Total Maximum Daily Loads (TMDLs) for the San Francisco Bay Region. August 2001.
http://www.waterboards.ca.gov/sanfranciscobay/water_issues/available_documents/draft303dr b2.pdf
SFBRWQCB. 2005. Diazinon and pesticide-related toxicity in San Francisco Bay Area urban creeks Total Maximum Daily Load (TMDL) Staff Report, November 9, 2005. San Francisco Bay Regional Water Quality Control Board, Oakland, CA.
http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/urbancrksdiaz inontmdl.shtml
SFBRWQCB. 2007a. A Rapid Trash Assessment Method Applied to Waters of the San Francisco Bay Region: Trash Measurement in Streams. April 2007. http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/planningtmdls/surface monitoring/rb2swamptrashrpt06152007.pdf
SFBRWQCB. 2007b. San Francisco Bay Basin (Region 2) Water Quality Control Plan (Basin Plan). January 18, 2007.

SFBRWQCB. 2007c. Water quality monitoring and bioassessment in nine San Francisco Bay Region watersheds: Walker Creek, Lagunitas Creek, San Leandro Creek, Wildcat Creek/San Pablo Creek, Suisun Creek, Arroyo Las Positas, Pescadero Creek/Butano Creek, San Gregorio Creek, and Stevens Creek/Permanente Creek. Oakland, CA: Surface Water Ambient Monitoring Program, San Francisco Bay Regional Water Quality Control Board.

SFBRWQCB. 2007d. Water Quality Monitoring and Bioassessment in Four San Francisco Bay Region Watersheds in 2003-2004: Kirker Creek, Mt. Diablo Creek, Petaluma River, and San Attachment E - 31
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24 Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment E
Mateo Creek. Surface Water Ambient Monitoring Program, San Francisco Bay Regional Water Quality Control Board, Oakland, CA.

SWRCB. 2004. Water Quality Control Policy for Developing California’s Section 303(d) List.

Resolution No. 2004-0063. Sacramento, CA: State Water Resources Control Board. California Environmental Protection Agency.

Sullivan, K., D.J. Martin, R.D. Cardwell, J.E. Toll and S. Duke. 2000. An Analysis of the Effects of Temperature on Salmonids of the Pacific Northwest with Implications for Selecting Temperature Criteria. Sustainable Ecosystems Institute.

U.S. EPA. 1977. Temperature criteria for freshwater fish: protocol and procedures. Ecological Research Series. EPA-600/3-77-061 (NTIS PB270032). Prepared by W.A. Brungs and B.R.

Jones. U.S. Environmental Protection Agency, Washington, D.C.

U.S. EPA. 1986. Ambient Water Quality Criteria for Bacteria. EPA 440/5-84-002. Office of Water, Regulations and Standards, Criteria and Standards Division, Washington, D.C.

U.S. EPA. 2002. Draft: Assessing and Monitoring Floatable Debris. EPA-842-B-02-002.

U.S. EPA. 2005. Guidance for 2006 assessment, listing and reporting requirements pursuant to sections 303(d), 305(b) and 314 of the Clean Water Act. July 29, 2005. http://www.epa.gov/owow/tmdl/2006IRG/report/2006irg-report.pdf Attachment E - 32
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APPENDIX A

PUBLIC SOLICITATION
for Water Quality Information
available online at
http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/303dlist.shtml Attachment E - 34
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APPENDIX B

SUMMARY OF DATA RECEIVED AND

DATA QUALITY EVALUATION
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Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment E
Summary of Data Received
as a Result of Solicitation Process in February 2007
Water Body Pollutant/
Water quality
Data Source Spatial
Representation
Temporal
Representation
Data Quality
parameter
Guadalupe River, Los Gatos
Creek, Richmond Marsh, San
Rafael Creek, Wildcat Creek,
Stevens Creek
Trash Save the Bay
Photographic
documentation and
estimates of trash loads
1-4 locations on each
water body
Data collected in January
and February 2007
Medium –
photographic
documentation
Guadalupe River, Coyote Creek Trash GCRCD: GuadalupeCoyote Resource Conservation District
Photographic and narrative
documentation of trash,
debris, channel blockages,
encampments and dumping
5 locations on Coyote
Creek and 1 location on
Guadalupe River
Data collected in March
2002, May 2005, and
May 2006
Medium –
photographic
documentation
Bay area storm drain channels,
creeks, wetlands and San
Francisco Bay
Damon Slough, Eastshore Park,
Strawberry Creek, Temescal
Creek, Adobe Creek, Alameda
Creek, Alhambra Creek, Arroyo
Seco, Coyote Creek, Richardson
Bay shoreline, Aquatic Park
Lagoon, Calabazas Creek, Colma
Creek, Corte Madera Creek,
Middle Harbor Park shoreline,
Frontage Road Beach, Grayson
Creek, Guadalupe River,
Lafayette Creek, Lake Merritt,
Trash/Gross
pollutants
Roger B. James &
Lawrence P. Kolb
Photographic and narrative
documentation over a 10-
year period
1-5 locations on each
water body
Data collected mainly in
winter months from 1997-
2007, majority in 2006
and 2007
Medium –
photographic
documentation

REQUESTS TO LIST
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Water Body Pollutant/
Water quality
parameter
Data Source Spatial
Representation
Temporal
Representation
Data Quality
Las Trampas Creek, Ledgewood
Creek, Matadero Creek, McCoy
Creek, Pacheco Slough, Rindler
Creek, San Leandro Creek, San
Mateo Creek, San Rafael Creek,
San Pablo Creek, San Ramon
Creek, San Tomas Aquino Creek,
Sausal Creek, Stevens Creek,
Sulphur Creek, Vista Grande
Canal, Walnut Creek, 54th Ave.

Creek (tidal near Oakport)
Rodeo Creek Sediment Muir Heritage Land
Trust
No quantitative data,
geomorphic assessment
and creek analysis
(Geomorphic and
Hydrologic Assessment of
Fernandez Ranch prepared
by Watershed Sciences
N/A N/A No data submitted
Willow Creek (tributary of
Wildcat Creek near Saratoga)
Sediment Margaret Giberson of Los
Gatos
Willow Creek 1985-1991, 2002 Law – old (1985-
1991, 2002)
photographic
documentation of
sediment runoff
San Francisco Bay – areas
adjacent to dredge material
disposal sites
Suspended
sediment
Fred Krieger of Berkeley
Narrative evidence and
references to USGS
mapping, SFEI assessments
of sediment loadings, RMP
data and a White Paper on
San Francisco Bay N/A No data submitted

REQUESTS TO LIST
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Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment E
Water Body Pollutant/
Water quality
parameter
Data Source Spatial
Representation
Herring
Temporal
Representation
Data Quality
Abbotts Lagoon and associated
tributaries in Point Reyes National
Park
Biostimulatory
substances,
dissolved
oxygen, unionized
ammonia
Fred Krieger of Berkeley
Link to the USGS report
http://pubs.usgs.gov/sir/20
05/5261/sir_2005-
5261.pdf
Assessment of Hydrologic
and Water Quality Data
Collected in Abbotts
Lagoon Watershed, Point
Reyes National Seashore,
California, during Water
Years 1999 and 2000
Eleven monitoring
locations including 3
locations in Abbotts
Lagoon and 8 locations
in unnamed tributaries
draining into Abbotts
Lagoon
Old data collected from
November 1998 through
August 1999. Quarterly
sampling at the 3 lagoon
sites and one perennial
tributary and sampling of
two storm events at
several tributary sites
Old data. Medium
quality – limited
quality control
procedures
Lake Chabot and its tributary
Rindler Creek (Solano County)
Trash,
dissolved
oxygen,
sediment
Friends of Lake Chabot
Data not submitted,
reference made to the data
collected by the Vallejo
Sanitation and Flood
Control District
N/A N/A No data submitted
California Ocean Waters Carbon dioxide Center for Biological Diversity
No data submitted.

Scientific papers and
supporting documentation
on acidification of ocean
waters
N/A N/A No numerical data
submitted

REQUESTS TO LIST
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Water Body Pollutant/
Water quality
Data Source Spatial
Representation
Temporal
Representation
Data Quality
parameter
Urban Creeks – Santa Clara
Basin
Adobe Creek, Alamitos Creek,
Barron Creek, Berryessa Creek,
Calabazas Creek, Coyote
Creek, El Camino Storm Drain
Channel, Guadalupe River, Los
Gatos Creek, Silver Creek,
Matadero Creek, Penitencia
Creek, Permanente Creek,
Randall Creek, Rodeo Creek,
San Francisquito Creek, San
Tomas Creek, Saratoga Creek,
Stevens Creek, Thompson
Creek
Trash and water
quality data
SCVURPPP: Santa Clara
Valley Urban Runoff
Pollution Prevention
Program
Photographic and narrative
documentation of creeks
impacted by trash including
additional physical,
chemical and biological
data
1-3 locations on each
water body
Data collected 1 to 3
times per location from
2004 through 2006
High
Quantitative Trash
Assessment
Methodology
documented in
separate report
Lake Merced Dissolved oxygen,
pH
Lake Del Valle Reservoir Basic water quality,
conventional
chemistry, E. coli,
Total coliform,
Giardia and
Cryptosporidium
San Francisco Public
Utilities Commission
Data submitted in support
of not listing Lake Merced
on the 303(d) list
Alameda Food Control
and Water Conservation
District
Data submitted to
document good quality of
the drinking water supply.

Request to modify the
current 303(d) listing of the
Four monitoring
locations in Lake
Merced including 2
locations in South Lake
Merced and 1 location
in North and 1 in North
East section of the lake.

Seven monitoring
locations at 3 water
bodies - including 3
locations at the Lake
Del Valle and 4
locations at major
inputs to the South Bay
Aqueduct
DO and pH measured
from 4 to 8 times a year
over a period from
05/27/2004 to 12/20/2006
Samples collected from
December 2005 through
March 2006
Quality control
procedures unknown
Description of the
QA/QC protocols not
included

REQUESTS NOT TO LIST / DE-LIST / OTHER
Attachment E - 41
2008 303(d) List - Staff Report
February 2009
Appendix B - 5
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment E

REQUESTS NOT TO LIST / DE-LIST / OTHER
Water Body Pollutant/
Water quality
parameter
Data Source Spatial
Representation
Temporal
Representation
Data Quality
reservoir for Hg and PCBs
to state that there is no
threat to treated drinking
water supply.

San Francisco Bay Selenium Western State Petroleum
Association
N/A N/A RMP data available –
high quality
Request to de-list
Literature review and
interpretation of selenium
concentration data in San
Francisco Bay and the
likely toxicological effects
of selenium.

Mount Diablo Creek Temperature,
dissolved oxygen,
Friends of Mount Diablo
Creek
Six sampling locations
(3 sites on the main
Physico-chemical
parameters measured
QA/QC protocols
included
pH, conductivity,
bacteria
Data provided for ongoing
assessment of Mount
Diablo Ck.
stem of Mount Diablo
Ck and 3 sites on the
local tributaries)
monthly from March
2006 through February
2007.

E coli and total coliforms
measured at 3 sites in July
and August 2006
N/A Pesticides DPR1
: Department of
Pesticide Regulation - links
to the Surface Water
Database containing
pesticides data for
California waterways. No
specific data submitted.

Contra Costa, San
Mateo, Solano and
Santa Clara County,
Old data (1992-1998) High
1 The database comprises a limited amount of pesticide data (diazinon, chloropyrifos, diuron, metha diuron) collected more than 10 years ago from 12 creeks within Region 2 boundaries.

Attachment E - 42
2008 303(d) List - Staff Report
February 2009
Appendix B - 6
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment E
[Page intentionally left blank.]
Attachment E - 43
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment E

APPENDIX C

WATER BODY FACT SHEETS
available online at
http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/303dlist.shtml Attachment E - 44
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 1

ATTACHMENT F
State Water Resources Control Board
Resolution No. 2012-0031, Attachment B
Special Protections for Areas of Biological Significance Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 2
State Water Resources Control Board
Resolution No. 2012-0031
Attachment B - Special Protections for Areas of Special Biological Significance, Governing Point Source Discharges of Storm Water and Nonpoint Source Waste Discharges
I. PROVISIONS FOR POINT SOURCE DISCHARGES OF STORM WATER AND NONPOINT

SOURCE WASTE DISCHARGES
The following terms, prohibitions, and special conditions (hereafter collectively referred to as special conditions) are established as limitations on point source storm water and nonpoint source discharges. These special conditions provide Special Protections for marine aquatic life and natural water quality in Areas of Special Biological Significance (ASBS), as required for State Water Quality Protection Areas pursuant to California Public Resources Code Sections 36700(f) and 36710(f). These Special Protections are adopted by the State Water Board as part of the California Ocean Plan (Ocean Plan) General Exception.

The special conditions are organized by category of discharge. The State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (Regional Water Boards) will determine categories and the means of regulation for those categories [e.g., Point Source Storm Water National Pollutant Discharge Elimination System (NPDES) or Nonpoint Source].

A. PERMITTED POINT SOURCE DISCHARGES OF STORM WATER

1. General Provisions for Permitted Point Source Discharges of Storm Water a. Existing storm water discharges into an ASBS are allowed only under the following conditions:
(1) The discharges are authorized by an NPDES permit issued by the State Water Board or Regional Water Board;
(2) The discharges comply with all of the applicable terms, prohibitions, and special conditions contained in these Special Protections; and
(3) The discharges:
(i) Are essential for flood control or slope stability, including roof, landscape, road, and parking lot drainage;
(ii) Are designed to prevent soil erosion;
(iii) Occur only during wet weather;
(iv) Are composed of only storm water runoff.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 3
b. Discharges composed of storm water runoff shall not alter natural ocean water quality in an ASBS.
c. The discharge of trash is prohibited.
d. Only discharges from existing storm water outfalls are allowed. Any proposed or new storm water runoff discharge shall be routed to existing storm water discharge outfalls and shall not result in any new contribution of waste to an ASBS (i.e., no additional pollutant loading). “Existing storm water outfalls” are those that were constructed or under construction prior to January 1, 2005. “New contribution of waste” is defined as any addition of waste beyond what would have occurred as of January 1, 2005. A change to an existing storm water outfall, in terms of re-location or alteration, in order to comply with these special conditions, is allowed and does not constitute a new discharge.
e. Non-storm water discharges are prohibited except as provided below:
(1) The term “non-storm water discharges” means any waste discharges from a municipal separate storm sewer system (MS4) or other NPDES permitted storm drain system to an ASBS that are not composed entirely of storm water. (2) (i) The following non-storm water discharges are allowed, provided that the discharges are essential for emergency response purposes, structural stability, slope stability or occur naturally:
(a) Discharges associated with emergency fire fighting operations. (b) Foundation and footing drains.
(c) Water from crawl space or basement pumps.
(d) Hillside dewatering.
(e) Naturally occurring groundwater seepage via a storm drain. (f) Non-anthropogenic flows from a naturally occurring stream via a culvert or storm drain, as long as there are no contributions of anthropogenic runoff. (ii) An NPDES permitting authority may authorize non-storm water discharges to an MS4 with a direct discharge to an ASBS only to the extent the NPDES permitting authority finds that the discharge does not alter natural ocean water quality in the ASBS.
(3) Authorized non-storm water discharges shall not cause or contribute to a violation of the water quality objectives in Chapter II of the Ocean Plan nor alter natural ocean water quality in an ASBS.

2. Compliance Plans for Inclusion in Storm Water Management Plans (SWMP) and Storm Water Pollution Prevention Plans (SWPPP).

The discharger shall specifically address the prohibition of non-storm water runoff and the requirement to maintain natural water quality for storm water discharges to an ASBS in an Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 4
ASBS Compliance Plan to be included in its SWMP or a SWPPP, as appropriate to permit type.

If a statewide permit includes a SWMP, then the discharger shall prepare a stand-alone compliance plan for ASBS discharges. The ASBS Compliance Plan is subject to approval by the Executive Director of the State Water Board (statewide permits) or Executive Officer of the Regional Water Board (for permits issued by Regional Water Boards). a. The Compliance Plan shall include a map of surface drainage of storm water runoff, showing areas of sheet runoff, prioritize discharges, and describe any structural Best Management Practices (BMPs) already employed and/or BMPs to be employed in the future. Priority discharges are those that pose the greatest water quality threat and which are identified to require installation of structural BMPs. The map shall also show the storm water conveyances in relation to other features such as service areas, sewage conveyances and treatment facilities, landslides, areas prone to erosion, and waste and hazardous material storage areas, if applicable. The SWMP or SWPPP shall also include a procedure for updating the map and plan when changes are made to the storm water conveyance facilities.
b. The ASBS Compliance Plan shall describe the measures by which all non-authorized non-storm water runoff (e.g., dry weather flows) has been eliminated, how these measures will be maintained over time, and how these measures are monitored and documented.
c. For Municipal Separate Storm Sewer System (MS4s), the ASBS Compliance Plan shall require minimum inspection frequencies as follows:
(1) The minimum inspection frequency for construction sites shall be weekly during rainy season;
(2) The minimum inspection frequency for industrial facilities shall be monthly during the rainy season;
(3) The minimum inspection frequency for commercial facilities (e.g., restaurants) shall be twice during the rainy season; and
(4) Storm water outfall drains equal to or greater than 18 inches (457 mm) in diameter or width shall be inspected once prior to the beginning of the rainy season and once during the rainy season and maintained to remove trash and other anthropogenic debris.
d. The ASBS Compliance Plan shall address storm water discharges (wet weather flows) and, in particular, describe how pollutant reductions in storm water runoff, that are necessary to comply with these special conditions, will be achieved through BMPs.

Structural BMPs need not be installed if the discharger can document to the satisfaction of the State Water Board Executive Director (statewide permits) or Regional Water Board Executive Officer (Regional Water Board permits) that such installation would pose a threat to health or safety. BMPs to control storm water runoff discharges (at the end-of-pipe) during a design storm shall be designed to achieve on average the following target levels:
(1) Table B Instantaneous Maximum Water Quality Objectives in Chapter II of the Ocean Plan; or
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 5
(2) A 90% reduction in pollutant loading during storm events, for the applicant’s total discharges.

The baseline for these determinations is the effective date of the Exception, except for those structural BMPs installed between January 1, 2005 and adoption of these Special Protections, and the reductions must be achieved and documented within six (6) years of the effective date.
e. The ASBS Compliance Plan shall address erosion control and the prevention of anthropogenic sedimentation in ASBS. The natural habitat conditions in the ASBS shall not be altered as a result of anthropogenic sedimentation. f. The ASBS Compliance Plan shall describe the non-structural BMPs currently employed and planned in the future (including those for construction activities), and include an implementation schedule. The ASBS Compliance Plan shall include non-structural BMPs that address public education and outreach. Education and outreach efforts must adequately inform the public that direct discharges of pollutants from private property not entering an MS4 are prohibited. The ASBS Compliance Plan shall also describe the structural BMPs, including any low impact development (LID) measures, currently employed and planned for higher threat discharges and include an implementation schedule. To control storm water runoff discharges (at the end-of-pipe) during a design storm, permittees must first consider, and use where feasible, LID practices to infiltrate, use, or evapotranspirate storm water runoff on-site, if LID practices would be the most effective at reducing pollutants from entering the ASBS. g. The BMPs and implementation schedule shall be designed to ensure that natural water quality conditions in the receiving water are achieved and maintained by either reducing flows from impervious surfaces or reducing pollutant loading, or some combination thereof.
h. If the results of the receiving water monitoring described in IV.B. of these special conditions indicate that the storm water runoff is causing or contributing to an alteration of natural ocean water quality in the ASBS, the discharger shall submit a report to the State Water Board and Regional Water Board within 30 days of receiving the results. (1) The report shall identify the constituents in storm water runoff that alter natural ocean water quality and the sources of these constituents.
(2) The report shall describe BMPs that are currently being implemented, BMPs that are identified in the SWMP or SWPPP for future implementation, and any additional BMPs that may be added to the SWMP or SWPPP to address the alteration of natural water quality. The report shall include a new or modified implementation schedule for the BMPs.
(3) Within 30 days of the approval of the report by the State Water Board Executive Director (statewide permits) or Regional Water Board Executive Officer (Regional Water Board permits), the discharger shall revise its ASBS Compliance Plan to incorporate any new or modified BMPs that have been or will be implemented, the implementation schedule, and any additional monitoring required.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 6
(4) As long as the discharger has complied with the procedures described above and is implementing the revised SWMP or SWPPP, the discharger does not have to repeat the same procedure for continuing or recurring exceedances of natural ocean water quality conditions due to the same constituent.
(5) The requirements of this section are in addition to the terms, prohibitions, and conditions contained in these Special Protections.

3. Compliance Schedule
a. On the effective date of the Exception, all non-authorized non-storm water discharges (e.g., dry weather flow) are effectively prohibited.
b. Within eighteen (18) months from the effective date of the Exception, the discharger shall submit a draft written ASBS Compliance Plan to the State Water Board Executive Director (statewide permits) or Regional Water Board Executive Officer (Regional Water Board permits) that describes its strategy to comply with these special conditions, including the requirement to maintain natural water quality in the affected ASBS. The ASBS Compliance Plan shall include a description of appropriate non-structural controls and a time schedule to implement structural controls (implementation schedule) to comply with these special conditions for inclusion in the discharger’s SWMP or SWPPP, as appropriate to permit type. The final ASBS Compliance Plan, including a description and final schedule for structural controls based on the results of runoff and receiving water monitoring, must be submitted within thirty (30) months from the effective date of the Exception.
c. Within 18 months of the effective date of the Exception, any non-structural controls that are necessary to comply with these special conditions shall be implemented. d. Within six (6) years of the effective date of the Exception, any structural controls identified in the ASBS Compliance Plan that are necessary to comply with these special conditions shall be operational.
e. Within six (6) years of the effective date of the Exception, all dischargers must comply with the requirement that their discharges into the affected ASBS maintain natural ocean water quality. If the initial results of post-storm receiving water quality testing indicate levels higher than the 85th percentile threshold of reference water quality data and the pre-storm receiving water levels, then the discharger must re-sample the receiving water, pre- and post-storm. If after re-sampling the post-storm levels are still higher than the 85th percentile threshold of reference water quality data, and the pre-storm receiving water levels, for any constituent, then natural ocean water quality is exceeded. See attached Flowchart.
f. The Executive Director of the State Water Board (statewide permits) or Executive Officer of the Regional Water Board (Regional Water Board permits) may only authorize additional time to comply with the special conditions d. and e., above if good cause exists to do so. Good cause means a physical impossibility or lack of funding.

If a discharger claims physical impossibility, it shall notify the Board in writing within thirty (30) days of the date that the discharger first knew of the event or circumstance that caused or would cause it to fail to meet the deadline in d. or e. The notice shall describe Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 7
the reason for the noncompliance or anticipated noncompliance and specifically refer to this Section of this Exception. It shall describe the anticipated length of time the delay in compliance may persist, the cause or causes of the delay as well as measures to minimize the impact of the delay on water quality, the measures taken or to be taken by the discharger to prevent or minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. The discharger shall adopt all reasonable measures to avoid and minimize such delays and their impact on water quality.

The discharger may request an extension of time for compliance based on lack of funding. The request for an extension shall require:

1. for municipalities, a demonstration of significant hardship to discharger ratepayers, by showing the relationship of storm water fees to annual household income for residents within the discharger's jurisdictional area, and the discharger has made timely and complete applications for all available bond and grant funding, and either no bond or grant funding is available, or bond and/or grant funding is inadequate; or

2. for other governmental agencies, a demonstration and documentation of a good faith effort to acquire funding through that agency’s budgetary process, and a demonstration that funding was unavailable or inadequate.

B. NONPOINT SOURCE DISCHARGES

1. General Provisions for Nonpoint Sources
a. Existing nonpoint source waste discharges are allowed into an ASBS only under the following conditions:
(1) The discharges are authorized under waste discharge requirements, a conditional waiver of waste discharge requirements, or a conditional prohibition issued by the State Water Board or a Regional Water Board.
(2) The discharges are in compliance with the applicable terms, prohibitions, and special conditions contained in these Special Protections.
(3) The discharges:
(i) Are essential for flood control or slope stability, including roof, landscape, road, and parking lot drainage;
(ii) Are designed to prevent soil erosion;
(iii) Occur only during wet weather;
(iv) Are composed of only storm water runoff.
b. Discharges composed of storm water runoff shall not alter natural ocean water quality in an ASBS.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 8
c. The discharge of trash is prohibited.
d. Only existing nonpoint source waste discharges are allowed. “Existing nonpoint source waste discharges” are discharges that were ongoing prior to January 1, 2005. “New nonpoint source discharges” are defined as those that commenced on or after January 1, 2005. A change to an existing nonpoint source discharge, in terms of relocation or alteration, in order to comply with these special conditions, is allowed and does not constitute a new discharge.
e. Non-storm water discharges from nonpoint sources (those not subject to an NPDES Permit) are prohibited except as provided below:
(1) The term “non-storm water discharges” means any waste discharges that are not composed entirely of storm water.
(2) The following non-storm water discharges are allowed, provided that the discharges are essential for emergency response purposes, structural stability, slope stability, or occur naturally:
(i) Discharges associated with emergency fire fighting operations. (ii) Foundation and footing drains.
(iii) Water from crawl space or basement pumps.
(iv) Hillside dewatering.
(v) Naturally occurring groundwater seepage via a storm drain. (vi) Non-anthropogenic flows from a naturally occurring stream via a culvert or storm drain, as long as there are no contributions of anthropogenic runoff. (3) Authorized non-storm water discharges shall not cause or contribute to a violation of the water quality objectives in Chapter II of the Ocean Plan nor alter natural ocean water quality in an ASBS.
f. At the San Clemente Island ASBS, discharges incidental to military training and research, development, test, and evaluation operations are allowed. Discharges incidental to underwater demolition and other in-water explosions are not allowed in the two military closure areas in the vicinity of Wilson Cove and Castle Rock. Discharges must not result in a violation of the water quality objectives, including the protection of the marine aquatic life beneficial use, anywhere in the ASBS. g. At the San Nicolas Island and Begg Rock ASBS, discharges incidental to military research, development, testing, and evaluation of, and training with, guided missile and other weapons systems, fleet training exercises, small-scale amphibious warfare training, and special warfare training are allowed. Discharges incidental to underwater demolition and other in-water explosions are not allowed. Discharges must not result in a violation of the water quality objectives, including the protection of the marine aquatic life beneficial use, anywhere in the ASBS.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 9
h. All other nonpoint source discharges not specifically authorized above are prohibited.

2. Planning and Reporting
a. The nonpoint source discharger shall develop an ASBS Pollution Prevention Plan, including an implementation schedule, to address storm water runoff and any other nonpoint source discharges from its facilities. The ASBS Pollution Prevention Plan must be equivalent in contents to an ASBS Compliance Plan as described in I (A)(2) in this document. The ASBS Pollution Prevention Plan is subject to approval by the Executive Director of the State Water Board (statewide waivers or waste discharge requirements) or Executive Officer of the Regional Water Board (Regional Water Board waivers or waste discharge requirements).
b. The ASBS Pollution Prevention Plan shall address storm water discharges (wet weather flows) and, in particular, describe how pollutant reductions in storm water runoff that are necessary to comply with these special conditions, will be achieved through Management Measures and associated Management Practices (Management Measures/Practices). Structural BMPs need not be installed if the discharger can document to the satisfaction of the State Water Board Executive Director or Regional Water Board Executive Officer that such installation would pose a threat to health or safety. Management Measures to control storm water runoff during a design storm shall achieve on average the following target levels:
(1) Table B Instantaneous Maximum Water Quality Objectives in Chapter II of the Ocean Plan; or
(2) A 90% reduction in pollutant loading during storm events, for the applicant’s total discharges.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 10
(3) Within 30 days of the approval of the report by the State Water Board Executive Director (statewide waivers or waste discharge requirements) or Executive Officer of the Regional Water Board (Regional Water Board waivers or waste discharge requirements), the discharger shall revise its ASBS Pollution Prevention Plan to incorporate any new or modified Management Measures/Practices that have been or will be implemented, the implementation schedule, and any additional monitoring required.
(4) As long as the discharger has complied with the procedures described above and is implementing the revised ASBS Pollution Prevention Plan, the discharger does not have to repeat the same procedure for continuing or recurring exceedances of natural water quality conditions due to the same constituent. (5) The requirements of this section are in addition to the terms, prohibitions, and conditions contained in these Special Protections.

The Pollution Prevention Plan shall include a description of appropriate non-structural controls and a time schedule to implement structural controls to comply with these special conditions for inclusion in the discharger’s Pollution Prevention Plan. The final ASBS Pollution Prevention Plan, including a description and final schedule for structural controls based on the results of runoff and receiving water monitoring, must be submitted within thirty (30) months from the effective date of the Exception. c. Within 18 months of the effective date of the Exception, any non-structural controls that are necessary to comply with these Special Protections shall be implemented. d. Within six (6) years of the effective date of the Exception, any structural controls identified in the ASBS Pollution Prevention Plan that are necessary to comply with these special conditions shall be operational.
e. Within six (6) years of the effective date of the Exception, all dischargers must comply with the requirement that their discharges into the affected ASBS maintain natural ocean water quality. If the initial results of post-storm receiving water quality testing indicate levels higher than the 85th percentile threshold of reference water quality data and the pre-storm receiving water levels, then the discharger must re-sample the receiving water pre- and post-storm. If after re-sampling the post-storm levels are still higher than the 85th percentile threshold of reference water quality data and the pre-storm receiving water levels, for any constituent, then natural ocean water quality is exceeded. See attached Flowchart.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 11
f. The Executive Director of the State Water Board (statewide waivers or waste discharge requirements) or Executive Officer of the Regional Water Board (Regional Water Board waivers or waste discharge requirements) may only authorize additional time to comply with the special conditions d. and e., above if good cause exists to do so. Good cause means a physical impossibility or lack of funding.

If a discharger claims physical impossibility, it shall notify the Board in writing within thirty (30) days of the date that the discharger first knew of the event or circumstance that caused or would cause it to fail to meet the deadline in d. or e. The notice shall describe the reason for the noncompliance or anticipated noncompliance and specifically refer to this Section of this Exception. It shall describe the anticipated length of time the delay in compliance may persist, the cause or causes of the delay as well as measures to minimize the impact of the delay on water quality, the measures taken or to be taken by the discharger to prevent or minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. The discharger shall adopt all reasonable measures to avoid and minimize such delays and their impact on water quality.

The discharger may request an extension of time for compliance based on lack of funding. The request for an extension shall require:

1. a demonstration that the discharger has made timely and complete applications for all available bond and grant funding, and either no bond or grant funding is available, or bond and/or grant funding is inadequate; or

2. for governmental agencies, a demonstration and documentation of a good faith effort to acquire funding through that agency’s budgetary process, and a demonstration that funding was unavailable or inadequate.

II. ADDITIONAL REQUIREMENTS FOR PARKS AND RECREATION FACILITIES In addition to the provisions in Section I (A) or I (B), respectively, a discharger with parks and recreation facilities shall comply with the following:

A. The discharger shall include a section in an ASBS Compliance Plan (for NPDES dischargers) or an ASBS Pollution Prevention Plan (for nonpoint source dischargers) to address storm water runoff from parks and recreation facilities.

1. The plan shall identify all pollutant sources, including sediment sources, which may result in waste entering storm water runoff. Pollutant sources include, but are not limited to, roadside rest areas and vistas, picnic areas, campgrounds, trash receptacles, maintenance facilities, park personnel housing, portable toilets, leach fields, fuel tanks, roads, piers, and boat launch facilities.

2. The plan shall describe BMPs or Management Measures/Practices that will be implemented to control soil erosion (both temporary and permanent erosion controls) and reduce or eliminate pollutants in storm water runoff in order to achieve and maintain natural water quality conditions in the affected ASBS. The plan shall include BMPs or Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 12
Management Measures/Practices to ensure that trails and culverts are maintained to prevent erosion and minimize waste discharges to ASBS.

3. The plan shall include BMPs or Management Measures/Practices to prevent the discharge of pesticides or other chemicals, including agricultural chemicals, in storm water runoff to the affected ASBS.

4. The plan shall include BMPs or Management Measures/Practices that address public education and outreach. The goal of these BMPs or Management Measures/Practices is to ensure that the public is adequately informed that waste discharges to the affected ASBS are prohibited or limited by special conditions in these Special Protections. The BMPs or Management Measures/Practices shall include signage at camping, picnicking, beach and roadside parking areas, and visitor centers, or other appropriate measures, which notify the public of any applicable requirements of these Special Protections and identify the ASBS boundaries.

5. The plan shall include BMPs or Management Measures/Practices that address the prohibition against the discharge of trash to ASBS. The BMPs or Management Measures/Practices shall include measures to ensure that adequate trash receptacles are available for public use at visitor facilities, including parking areas, and that the receptacles are adequately maintained to prevent trash discharges into the ASBS.

Appropriate measures include covering trash receptacles to prevent trash from being wind blown and periodically emptying the receptacles to prevent overflows.

6. The plan shall include BMPs or Management Measures/Practices to address runoff from parking areas and other developed features to ensure that the runoff does not alter natural water quality in the affected ASBS. BMPs or Management Measures/Practices shall include measures to reduce pollutant loading in runoff to the ASBS through installation of natural area buffers (LID), treatment, or other appropriate measures.

B. Maintenance and repair of park and recreation facilities must not result in waste discharges to the ASBS. The practice of road oiling must be minimized or eliminated, and must not result in waste discharges to the ASBS.

III. ADDITIONAL REQUIREMENTS – WATERFRONT AND MARINE OPERATIONS In addition to the provisions in Section I (A) or I (B), respectively, a discharger with waterfront and marine operations shall comply with the following:

A. For discharges related to waterfront and marine operations, the discharger shall develop a Waterfront and Marine Operations Management Plan (Waterfront Plan). This plan shall contain appropriate Management Measures/Practices to address nonpoint source pollutant discharges to the affected ASBS.

1. The Waterfront Plan shall contain appropriate Management Measures/Practices for any waste discharges associated with the operation and maintenance of vessels, moorings, piers, launch ramps, and cleaning stations in order to ensure that beneficial uses are protected and natural water quality is maintained in the affected ASBS.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 13

2. For discharges from marinas and recreational boating activities, the Waterfront Plan shall include appropriate Management Measures, described in The Plan for California’s Nonpoint Source Pollution Control Program, for marinas and recreational boating, or equivalent practices, to ensure that nonpoint source pollutant discharges do not alter natural water quality in the affected ASBS.

3. The Waterfront Plan shall include Management Practices to address public education and outreach to ensure that the public is adequately informed that waste discharges to the affected ASBS are prohibited or limited by special conditions in these Special Protections. The management practices shall include appropriate signage, or similar measures, to inform the public of the ASBS restrictions and to identify the ASBS boundaries.

4. The Waterfront Plan shall include Management Practices to address the prohibition against trash discharges to ASBS. The Management Practices shall include the provision of adequate trash receptacles for marine recreation areas, including parking areas, launch ramps, and docks. The plan shall also include appropriate Management Practices to ensure that the receptacles are adequately maintained and secured in order to prevent trash discharges into the ASBS. Appropriate Management Practices include covering the trash receptacles to prevent trash from being windblown, staking or securing the trash receptacles so they don’t tip over, and periodically emptying the receptacles to prevent overflow.

5. The discharger shall submit its Waterfront Plan to the by the State Water Board Executive Director (statewide waivers or waste discharge requirements) or Executive Officer of the Regional Water Board (Regional Water Board waivers or waste discharge requirements) within six months of the effective date of these special conditions. The Waterfront Plan is subject to approval by the State Water Board Executive Director or the Regional Water Board Executive Officer, as appropriate. The plan must be fully implemented within 18 months of the effective date of the Exception.

B. The discharge of chlorine, soaps, petroleum, other chemical contaminants, trash, fish offal, or human sewage to ASBS is prohibited. Sinks and fish cleaning stations are point source discharges of wastes and are prohibited from discharging into ASBS. Anthropogenic accumulations of discarded fouling organisms on the sea floor must be minimized.

C. Limited-term activities, such as the repair, renovation, or maintenance of waterfront facilities, including, but not limited to, piers, docks, moorings, and breakwaters, are authorized only in accordance with Chapter III.E.2 of the Ocean Plan.

D. If the discharger anticipates that the discharger will fail to fully implement the approved Waterfront Plan within the 18 month deadline, the discharger shall submit a technical report as soon as practicable to the State Water Board Executive Director or the Regional Water Board Executive Officer, as appropriate. The technical report shall contain reasons for failing to meet the deadline and propose a revised schedule to fully implement the plan.

E. The State Water Board or the Regional Water Board may, for good cause, authorize additional time to comply with the Waterfront Plan. Good cause means a physical impossibility or lack of funding.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
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If a discharger claims physical impossibility, it shall notify the Board in writing within thirty (30) days of the date that the discharger first knew of the event or circumstance that caused or would cause it to fail to meet the deadline in Section III.A.5. The notice shall describe the reason for the noncompliance or anticipated noncompliance and specifically refer to this Section of this Exception. It shall describe the anticipated length of time the delay in compliance may persist, the cause or causes of the delay as well as measures to minimize the impact of the delay on water quality, the measures taken or to be taken by the discharger to prevent or minimize the delay, the schedule by which the measures will be implemented, and the anticipated date of compliance. The discharger shall adopt all reasonable measures to avoid and minimize such delays and their impact on water quality.

The discharger may request an extension of time for compliance based on lack of funding.

The request for an extension shall require:

1. a demonstration of significant hardship by showing that the discharger has made timely and complete applications for all available bond and grant funding, and either no bond or grant funding is available, or bond and/or grant funding is inadequate.

IV. MONITORING REQUIREMENTS
Monitoring is mandatory for all dischargers to assure compliance with the Ocean Plan.

Monitoring requirements include both: (A) core discharge monitoring, and (B) ocean receiving water monitoring. The State and Regional Water Boards must approve sampling site locations and any adjustments to the monitoring programs. All ocean receiving water and reference area monitoring must be comparable with the Water Boards’ Surface Water Ambient Monitoring Program (SWAMP).

Safety concerns: Sample locations and sampling periods must be determined considering safety issues. Sampling may be postponed upon notification to the State and Regional Water Boards if hazardous conditions prevail.

Analytical Chemistry Methods: All constituents must be analyzed using the lowest minimum detection limits comparable to the Ocean Plan water quality objectives. For metal analysis, all samples, including storm water effluent, reference samples, and ocean receiving water samples, must be analyzed by the approved analytical method with the lowest minimum detection limits (currently Inductively Coupled Plasma/Mass Spectrometry) described in the Ocean Plan.

A. CORE DISCHARGE MONITORING PROGRAM

1. General sampling requirements for timing and storm size:

Runoff must be collected during a storm event that is greater than 0.1 inch and generates runoff, and at least 72 hours from the previously measurable storm event. Runoff samples shall be collected during the same storm and at approximately the same time when post- Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 15
storm receiving water is sampled, and analyzed for the same constituents as receiving water and reference site samples (see section IV B) as described below.

2. Runoff flow measurements
a. For municipal/industrial storm water outfalls in existence as of December 31, 2007, 18 inches (457mm) or greater in diameter/width (including multiple outfall pipes in combination having a width of 18 inches, runoff flows must be measured or calculated, using a method acceptable to and approved by the State and Regional Water Boards. b. This will be reported annually for each precipitation season to the State and Regional Water Boards.

3. Runoff samples – storm events
a. For outfalls equal to or greater than 18 inches (0.46m) in diameter or width:
(1) samples of storm water runoff shall be collected during the same storm as receiving water samples and analyzed for oil and grease, total suspended solids, and, within the range of the southern sea otter indicator bacteria or some other measure of fecal contamination; and
(2) samples of storm water runoff shall be collected and analyzed for critical life stage chronic toxicity (one invertebrate or algal species) at least once during each storm season when receiving water is sampled in the ASBS.
(3) If an applicant has no outfall greater than 36 inches, then storm water runoff from the applicant’s largest outfall shall be further collected during the same storm as receiving water samples and analyzed for Ocean Plan Table B metals for protection of marine life, Ocean Plan polynuclear aromatic hydrocarbons (PAHs), current use pesticides (pyrethroids and OP pesticides), and nutrients (ammonia, nitrate and phosphates).
b. For outfalls equal to or greater than 36 inches (0.91m) in diameter or width:
(1) samples of storm water runoff shall be collected during the same storm as receiving water samples and analyzed for oil and grease, total suspended solids, and, within the range of the southern sea otter indicator bacteria or some other measure of fecal contamination; and
(2) samples of storm water runoff shall be further collected during the same storm as receiving water samples and analyzed for Ocean Plan Table B metals for protection of marine life, Ocean Plan polynuclear aromatic hydrocarbons (PAHs), current use pesticides (pyrethroids and OP pesticides), and nutrients (ammonia, nitrate and phosphates); and
(3) samples of storm water runoff shall be collected and analyzed for critical life stage chronic toxicity (one invertebrate or algal species) at least once during each storm season when receiving water is sampled in the ASBS.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 16
c. For an applicant not participating in a regional monitoring program [see below in Section IV (B)] in addition to (a.) and (b.) above, a minimum of the two largest outfalls or 20 percent of the larger outfalls, whichever is greater, shall be sampled (flow weighted composite samples) at least three times annually during wet weather (storm event) and analyzed for all Ocean Plan Table A constituents, Table B constituents for marine aquatic life protection (except for toxicity, only chronic toxicity for three species shall be required), DDT, PCBs, Ocean Plan PAHs, OP pesticides, pyrethroids, nitrates, phosphates, and Ocean Plan indicator bacteria. For parties discharging to ASBS in more than one Regional Water Board region, at a minimum, one (the largest) such discharge shall be sampled annually in each Region.

4. The Executive Director of the State Water Board (statewide permits) or Executive Officer of the Regional Water Board (Regional Water Board permits) may reduce or suspend core monitoring once the storm runoff is fully characterized. This determination may be made at any point after the discharge is fully characterized, but is best made after the monitoring results from the first permit cycle are assessed.

B. Ocean Receiving Water and Reference Area Monitoring Program In addition to performing the Core Discharge Monitoring Program in Section II.A above, all applicants having authorized discharges must perform ocean receiving water monitoring. In order to fulfill the requirements for monitoring the physical, chemical, and biological characteristics of the ocean receiving waters within their ASBS, dischargers may choose either (1) an individual monitoring program, or (2) participation in a regional integrated monitoring program.

1. Individual Monitoring Program: The requirements listed below are for those dischargers who elect to perform an individual monitoring program to fulfill the requirements for monitoring the physical, chemical, and biological characteristics of the ocean receiving waters within the affected ASBS. In addition to Core Discharge Monitoring, the following additional monitoring requirements shall be met:
a. Three times annually, during wet weather (storm events), the receiving water at the point of discharge from the outfalls described in section (IV)(A)(3)(c) above shall be sampled and analyzed for Ocean Plan Table A constituents, Table B constituents for marine aquatic life, DDT, PCBs, Ocean Plan PAHs, OP pesticides, pyrethroids, nitrates, phosphates, salinity, chronic toxicity (three species), and Ocean Plan indicator bacteria.

The sample location for the ocean receiving water shall be in the surf zone at the point of discharges; this must be at the same location where storm water runoff is sampled.

Receiving water shall be sampled prior to (pre-storm) and during (or immediately after) the same storm (post storm). Post storm sampling shall be during the same storm and at approximately the same time as when the runoff is sampled. Reference water quality shall also be sampled three times annually and analyzed for the same constituents prestorm and post-storm, during the same storm seasons when receiving water is sampled.

Reference stations will be determined by the State Water Board’s Division of Water Quality and the applicable Regional Water Board(s).
b. Sediment sampling shall occur at least three times during every five (5) year period. The subtidal sediment (sand or finer, if present) at the discharge shall be sampled and analyzed for Ocean Plan Table B constituents for marine aquatic life, DDT, PCBs, PAHs, Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 17
pyrethroids, and OP pesticides. For sediment toxicity testing, only an acute toxicity test using the amphipod Eohaustorius estuarius must be performed. c. A quantitative survey of intertidal benthic marine life shall be performed at the discharge and at a reference site. The survey shall be performed at least once every five (5) year period. The survey design is subject to approval by the Regional Water Board and the State Water Board’s Division of Water Quality. The results of the survey shall be completed and submitted to the State Water Board and Regional Water Board at least six months prior to the end of the permit cycle.
d. Once during each five (5) year period, a bioaccumulation study shall be conducted to determine the concentrations of metals and synthetic organic pollutants at representative discharge sites and at representative reference sites. The study design is subject to approval by the Regional Water Board and the State Water Board’s Division of Water Quality. The bioaccumulation study may include California mussels (Mytilus californianus) and/or sand crabs (Emerita analoga or Blepharipoda occidentalis). Based on the study results, the Regional Water Board and the State Water Board’s Division of Water Quality, may adjust the study design in subsequent permits, or add or modify additional test organisms (such as shore crabs or fish), or modify the study design appropriate for the area and best available sensitive measures of contaminant exposure. e. Marine Debris: Representative quantitative observations for trash by type and source shall be performed along the coast of the ASBS within the influence of the discharger’s outfalls. The design, including locations and frequency, of the marine debris observations is subject to approval by the Regional Water Board and State Water Board’s Division of Water Quality.
f. The monitoring requirements of the Individual Monitoring Program in this section are minimum requirements. After a minimum of one (1) year of continuous water quality monitoring of the discharges and ocean receiving waters, the Executive Director of the State Water Board (statewide permits) or Executive Officer of the Regional Water Board (Regional Water Board permits) may require additional monitoring, or adjust, reduce or suspend receiving water and reference station monitoring. This determination may be made at any point after the discharge and receiving water is fully characterized, but is best made after the monitoring results from the first permit cycle are assessed.

2. Regional Integrated Monitoring Program: Dischargers may elect to participate in a regional integrated monitoring program, in lieu of an individual monitoring program, to fulfill the requirements for monitoring the physical, chemical, and biological characteristics of the ocean receiving waters within their ASBS. This regional approach shall characterize natural water quality, pre- and post-storm, in ocean reference areas near the mouths of identified open space watersheds and the effects of the discharges on natural water quality (physical, chemical, and toxicity) in the ASBS receiving waters, and should include benthic marine aquatic life and bioaccumulation components. The design of the ASBS stratum of a regional integrated monitoring program may deviate from the otherwise prescribed individual monitoring approach (in Section IV.B.1) if approved by the State Water Board’s Division of Water Quality and the Regional Water Boards.
a. Ocean reference areas shall be located at the drainages of flowing watersheds with minimal development (in no instance more than 10% development), and shall not be located in CWA Section 303(d) listed waterbodies or have tributaries that are 303(d) Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 18
listed. Reference areas shall be free of wastewater discharges and anthropogenic nonstorm water runoff. A minimum of low threat storm runoff discharges (e.g. stream highway overpasses and campgrounds) may be allowed on a case-by-case basis.

Reference areas shall be located in the same region as the ASBS receiving water monitoring occurs. The reference areas for each Region are subject to approval by the participants in the regional monitoring program and the State Water Board’s Division of Water Quality and the applicable Regional Water Board(s). A minimum of three ocean reference water samples must be collected from each station, each from a separate storm during the same storm season that receiving water is sampled. A minimum of one reference location shall be sampled for each ASBS receiving water site sampled per responsible party. For parties discharging to ASBS in more than one Regional Water Board region, at a minimum, one reference station and one receiving water station shall be sampled in each region.
b. ASBS ocean receiving water must be sampled in the surf zone at the location where the runoff makes contact with ocean water (i.e. at “point zero”). Ocean receiving water stations must be representative of worst-case discharge conditions (i.e. co-located at a large drain greater than 36 inches, or if drains greater than 36 inches are not present in the ASBS then the largest drain greater than18 inches.) Ocean receiving water stations are subject to approval by the participants in the regional monitoring program and the State Water Board’s Division of Water Quality and the applicable Regional Water Board(s). A minimum of three ocean receiving water samples must be collected during each storm season from each station, each from a separate storm. A minimum of one receiving water location shall be sampled in each ASBS per responsible party in that ASBS. For parties discharging to ASBS in more than one Regional Water Board region, at a minimum, one reference station and one receiving water station shall be sampled in each region.
c. Reference and receiving water sampling shall commence during the first full storm season following the adoption of these special conditions, and post-storm samples shall be collected during the same storm event when storm water runoff is sampled.

Sampling shall occur in a minimum of two storm seasons. For those ASBS dischargers that have already participated in the Southern California Bight 2008 ASBS regional monitoring effort, sampling may be limited to only one storm season. d. Receiving water and reference samples shall be analyzed for the same constituents as storm water runoff samples. At a minimum, constituents to be sampled and analyzed in reference and discharge receiving waters must include oil and grease, total suspended solids, Ocean Plan Table B metals for protection of marine life, Ocean Plan PAHs, pyrethroids, OP pesticides, ammonia, nitrate, phosphates, and critical life stage chronic toxicity for three species. In addition, within the range of the southern sea otter, indicator bacteria or some other measure of fecal contamination shall be analyzed.

3. Waterfront and Marine Operations: In addition to the above requirements for ocean receiving water monitoring, additional monitoring must be performed for marinas and boat launch and pier facilities:
a. For all marina or mooring field operators, in mooring fields with 10 or more occupied moorings, the ocean receiving water must be sampled for Ocean Plan indicator bacteria, residual chlorine, copper, zinc, grease and oil, methylene blue active substances (MBAS), and ammonia nitrogen.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 19
(1) For mooring field operators opting for an individual monitoring program (Section IV.B.1 above), this sampling must occur weekly (on the weekend) from May through October.
(2) For mooring field operators opting to participate in a regional integrated monitoring program (Section IV.B.2 above), this sampling must occur monthly from May through October on a high use weekend in each month. The Water Boards may allow a reduction in the frequency of sampling, through the regional monitoring program, after the first year of monitoring.
b. For all mooring field operators, the subtidal sediment (sand or finer, if present) within mooring fields and below piers shall be sampled and analyzed for Ocean Plan Table B metals (for marine aquatic life beneficial use), acute toxicity, PAHs, and tributyltin. For sediment toxicity testing, only an acute toxicity test using the amphipod Eohaustorius estuarius must be performed. This sampling shall occur at least three times during a five (5) year period. For mooring field operators opting to participate in a regional integrated monitoring program, the Water Boards may allow a reduction in the frequency of sampling after the first sampling effort’s results are assessed.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
Attachment F - 20
Glossary
At the point of discharge(s) – Means in the surf zone immediately where runoff from an outfall meets the ocean water (a.k.a., at point zero).

Areas of Special Biological Significance (ASBS) – Those areas designated by the State Water Board as ocean areas requiring protection of species or biological communities to the extent that alteration of natural water quality is undesirable. All Areas of Special Biological Significance are also classified as a subset of State Water Quality Protection Areas.

Design storm – For purposes of these Special Protections, a design storm is defined as the volume of runoff produced from one inch of precipitation per day or, if this definition is inconsistent with the discharger’s applicable storm water permit, then the design storm shall be the definition included in the discharger’s applicable storm water permit.

Development – Relevant to reference monitoring sites, means urban, industrial, agricultural, grazing, mining, and timber harvesting land uses.

Higher threat discharges - Permitted storm drains discharging equal to or greater than 18 inches, industrial storm drains, agricultural runoff discharged through an MS4, discharges associated with waterfront and marina operations (e.g., piers, launch ramps, mooring fields, and associated vessel support activities, except for passive discharges defined below), and direct discharges associated with commercial or industrial activities to ASBS.

Low Impact Development (LID) – A sustainable practice that benefits water supply and contributes to water quality protection. Unlike traditional storm water management, which entails collecting and conveying storm water runoff through storm drains, pipes, or other conveyances to a centralized storm water facility, LID focuses on using site design and storm water management to maintain the site’s pre-development runoff rates and volumes.

The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to the source of rainfall.

Marine Operations – Marinas or mooring fields that contain slips or mooring locations for 10 or more vessels.

Management Measure (MM) - Economically achievable measures for the control of the addition of pollutants from various classes of nonpoint sources of pollution, which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives. For example, in the “marinas and recreational boating” landuse category specified in the Plan for California’s Nonpoint Source Pollution Control Program (NPS Program Plan) (SWRCB, 1999), “boat cleaning and maintenance” is considered a MM or the source of a specific class or type of NPS pollution.

Management Practice (MP) - The practices (e.g., structural, non-structural, operational, or other alternatives) that can be used either individually or in combination to address a specific MM class or classes of NPS pollution. For example, for the “boat cleaning and maintenance” MM, specific MPs can include, but are not limited to, methods for the selection of environmentally sensitive hull paints or methods for cleaning/removal of hull copper antifouling paints.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
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Municipal Separate Storm Sewer System (MS4) – A municipally-owned storm sewer system regulated under the Phase I or Phase II storm water program implemented in compliance with Clean Water Act section 402(p). Note that an MS4 program’s boundaries are not necessarily congruent with the permittee’s political boundaries.

Natural Ocean Water Quality - The water quality (based on selected physical, chemical and biological characteristics) that is required to sustain marine ecosystems, and which is without apparent human influence, i.e., an absence of significant amounts of: (a) man-made constituents (e.g., DDT); (b) other chemical (e.g., trace metals), physical (temperature/thermal pollution, sediment burial), and biological (e.g., bacteria) constituents at concentrations that have been elevated due to man’s activities above those resulting from the naturally occurring processes that affect the area in question; and (c) non-indigenous biota (e.g., invasive algal bloom species) that have been introduced either deliberately or accidentally by man. Discharges “shall not alter natural ocean water quality” as determined by a comparison to the range of constituent concentrations in reference areas agreed upon via the regional monitoring program(s). If monitoring information indicates that natural ocean water quality is not maintained, but there is sufficient evidence that a discharge is not contributing to the alteration of natural water quality, then the Regional Water Board may make that determination. In this case, sufficient information must include runoff sample data that has equal or lower concentrations for the range of constituents at the applicable reference area(s).

Nonpoint source – Nonpoint pollution sources generally are sources that do not meet the definition of a point source. Nonpoint source pollution typically results from land runoff, precipitation, atmospheric deposition, agricultural drainage, marine/boating operations or hydrologic modification. Nonpoint sources, for purposes of these Special Protections, include discharges that are not required to be regulated under an NPDES permit.

Non-storm water discharge – Any runoff that is not the result of a precipitation event. This is often referred to as “dry weather flow.”
Non-structural control – A Best Management Practice that involves operational, maintenance, regulatory (e.g., ordinances) or educational activities designed to reduce or eliminate pollutants in runoff, and that are not structural controls (i.e. there are no physical structures involved).

Physical impossibility - Means any act of God, war, fire, earthquake, windstorm, flood or natural catastrophe; unexpected and unintended accidents not caused by discharger or its employees’ negligence; civil disturbance, vandalism, sabotage or terrorism; restrain by court order or public authority or agency; or action or non-action by, or inability to obtain the necessary authorizations or approvals from any governmental agency other than the permittee.

Representative sites and monitoring procedures – Are to be proposed by the discharger, with appropriate rationale, and subject to approval by Water Board staff.

Sheet-flow – Runoff that flows across land surfaces at a shallow depth relative to the crosssectional width of the flow. These types of flow may or may not enter a storm drain system before discharge to receiving waters.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
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Storm Season – Also referred to as rainy season, means the months of the year from the onset of rainfall during autumn until the cessation of rainfall in the spring.

Structural control – A Best Management Practice that involves the installation of engineering solutions to the physical treatment or infiltration of runoff.

Surf Zone - The surf zone is defined as the submerged area between the breaking waves and the shoreline at any one time.

Surface Water Ambient Monitoring Program (SWAMP) comparable – Means that the monitoring program must 1) meet or exceed 2008 SWAMP Quality Assurance Program Management Plan (QAPP) Measurement Quality Objectives, or 2) have a Quality Assurance Project Plan that has been approved by SWAMP; in addition data must be formatted to match the database requirements of the SWAMP Information Management System. Adherence to the measurement quality objectives in the Southern California Bight 2008 ASBS Regional Monitoring Program QAPP and data base management comprises being SWAMP comparable.

Waterfront Operations - Piers, launch ramps, and cleaning stations in the water or on the adjacent shoreline.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment F
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Compare receiving water post-storm sample concentration to the 85% threshold of reference sample concentrations
Compare receiving water post-storm to pre-storm sample
concentration
Is post storm
receiving water
sample > prestorm
concentration?
no
Receiving Water sample similar to local
background - No Action
Exceedance of natural water quality*
no
yes
yes

yes
no
yes
* When an exceedance of natural water quality occurs, the discharger must comply with section I.A.2.h (for permitted storm water) or section I.B.2.c (for nonpoint sources). Note, when sampling data is available, end-of-pipe effluent concentrations will be considered by the Water Boards in making this determination.

Compliance with natural water quality
Resample receiving water pre- and post-storm (during the next feasible storm event) and analyze per Water Board approval Is post storm resample(s)
concentration
>85% threshold? no
Attachment 1
Special Protections Sections I(A)(3)(e) and I(B)(3)(e)
Flowchart to Deteremine Compliance with natural Water Quality Is post-storm Compliance with natural water quality
concentration >
85% threshold?
Is post storm
receiving water
sample > prestorm
concentration?
Receiving Water sample similar to local
background - No Action
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 1

ATTACHMENT G
Standard NPDES Stormwater Permit Provisions
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 2

CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD

SAN FRANCISCO BAY REGION
Standard Provisions and Reporting Requirements
for
NPDES Stormwater Discharge Permits
I. STANDARD PROVISIONS – PERMIT COMPLIANCE
A. Duty to Comply

1. The Permittees (hereinafter individually referred to as Discharger) must comply with all of the terms, requirements, and conditions of this Order.

Any noncompliance constitutes a violation of the Clean Water Act (CWA) and the California Water Code and is grounds for enforcement action; permit termination, revocation and reissuance, or modification; denial of a permit renewal application; or a combination thereof. (40 C.F.R. § 122.41(a); California Water Code, §§ 13261, 13263, 13265, 13000, 13001, 13304, 13350, 13385.)

2. The Discharger shall comply with effluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this Order has not yet been modified to incorporate the requirement. (40 C.F.R. § 122.41(a)(1).)
B. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for a Discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Order. (40 C.F.R. § 122.41(c).)
C. Duty to Mitigate
The Discharger shall take all reasonable steps to minimize or prevent any discharge in violation of this Order that has a reasonable likelihood of adversely affecting human health or the environment. (40 C.F.R. § 122.41(d).)
D. Proper Operation and Maintenance
The Discharger shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with the conditions of this Order. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 3
systems that are installed by a Discharger only when necessary to achieve compliance with the conditions of this Order. (40 C.F.R. § 122.41(e).) E. Property Rights

1. This Order does not convey any property rights of any sort or any exclusive privileges. (40
C.F.R. § 122.41(g).)

2. The issuance of this Order does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations. (40 C.F.R. § 122.5(c).)
F. Inspection and Entry
The Discharger shall allow the Water Board, State Water Board, U.S. EPA, and/or their authorized representatives (including an authorized contractor acting as their representative), upon the presentation of credentials and other documents, as may be required by law, to (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i); California Water Code, § 13383):

1. Enter upon the Discharger's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(i); 40 C.F.R. § 122.41(i)(1); California Water Code, § 13383);

2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(2); California Water Code, §13383);

3. Inspect and photograph, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(3); California Water Code, § 13383); and

4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance or as otherwise authorized by the CWA or the Water Code, any substances or parameters at any location. (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i)(4); California Water Code, § 13383.) G. Bypass

1. Definitions
a. “Bypass” means the intentional diversion of waste streams from any portion of a treatment facility. (40 C.F.R. § 122.41(m)(1)(i).) b. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 4
caused by delays in production. (40 C.F.R. § 122.41(m)(1)(ii).)

2. Bypass not exceeding limitations. The Discharger may allow any bypass to occur which does not cause exceedances of effluent limitations, but only if it is for essential maintenance to assure efficient operation. (40 C.F.R. § 122.41(m)(2).)

3. Prohibition of bypass. Bypass is prohibited, and the Water Board may take enforcement action against a Discharger for bypass, unless (40 C.F.R. § 122.41(m)(4)(i)):
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (40 C.F.R. § 122.41(m)(4)(i)(A)); b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance (40 C.F.R. § 122.41(m)(4)(i)(B)); and
c. The Discharger submitted notice to the Water Board as required under Standard Provisions notice requirements. (40 C.F.R.§ 122.41(m)(4)(i)(C).)

4. The Water Board may approve an anticipated bypass, after considering its adverse effects, if the Water Board determines that it will meet the three conditions listed in Standard Provisions – Permit Compliance Part I.G.3 above. (40 C.F.R. § 122.41(m)(4)(ii).)
H. Notice
a. Anticipated bypass. If the Discharger knows in advance of the need for a bypass, it shall submit prior notice, if possible at least 10 days before the date of the bypass. The notice shall be sent to the Water Board. As of December 21, 2020, all notices must be submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G. Notices shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R. part 127. (40 C.F.R. § 122.41(m)(3)(ii).)
b. Unanticipated bypass. The Discharger shall submit notice of an unanticipated bypass as required in Standard Provisions - Reporting Part V.E of this Attachment G (24-hour notice). The notice shall be sent to the Water Board. As of December 21, 2020, all notices must be submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G. Notices shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 5
C.F.R. part 127. (40 C.F.R. § 122.41(m)(3)(ii).)
I. Upset
Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (40 C.F.R. § 122.41(n)(1).)

1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Standard Provisions – Permit Compliance Part I.H.2 below are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (40 C.F.R. § 122.41(n)(2).)

2. Conditions necessary for a demonstration of upset. A Discharger who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that (40 C.F.R. § 122.41(n)(3)):
a. An upset occurred and that the Discharger can identify the cause(s) of the upset (40 C.F.R. § 122.41(n)(3)(i));
b. The permitted facility was, at the time, being properly operated (40 C.F.R. § 122.41(n)(3)(ii));
c. The Discharger submitted notice of the upset as required in Standard Provisions –
Reporting V.E.2.b below (24-hour notice) (40 C.F.R. §
122.41(n)(3)(iii)); and
d. The Discharger complied with any remedial measures required under Standard Provisions – Permit Compliance I.C above. (40 C.F.R. § 122.41(n)(3)(iv).)

3. Burden of proof. In any enforcement proceeding, the Discharger seeking to establish the occurrence of an upset has the burden of proof. (40 C.F.R. § 122.41(n)(4).)
II. STANDARD PROVISIONS – PERMIT ACTION
A. General
This Order may be modified, revoked and reissued, or terminated for cause.

The filing of a request by the Discharger for modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Order condition. (40 C.F.R. § 122.41(f).) B. Duty to Reapply
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 6
If the Discharger wishes to continue an activity regulated by this Order after the expiration date of this Order, the Discharger must apply for and obtain a new permit. (40 C.F.R. § 122.41(b).)
C. Transfers
This Order is not transferable to any person except after notice to the Water Board. The Water Board may require modification or revocation and reissuance of the Order to change the name of the Discharger and incorporate such other requirements as may be necessary under the CWA and the Water Code. (40 C.F.R. §§ 122.41(l)(3), 122.61.) III. STANDARD PROVISIONS – MONITORING
A. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (40 C.F.R. § 122.41(j)(1).) B. Monitoring must be conducted according to test procedures approved under 40 C.F.R. part 136 for the analyses of pollutants unless another method is required under 40 C.F.R. chapter 1, subchapter N. Monitoring must be conducted according to sufficiently sensitive test methods approved under 40 C.F.R. part 136 for the analysis of pollutants or pollutant parameters or as required under 40 C.F.R. chapter 1, subchapter N. For the purposes of this paragraph, a method is sufficiently sensitive when:

1. The method minimum level (ML) is at or below the level of the most stringent effluent limitation established in the permit for the measured pollutant or pollutant parameter, and either the method ML is at or below the level of the most stringent applicable water quality criterion for the measured pollutant or pollutant parameter or the method ML is above the applicable water quality criterion but the amount of the pollutant or pollutant parameter in the facility’s discharge is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter in the discharge; or

2. The method has the lowest ML of the analytical methods approved under 40 C.F.R. part 136 or required under 40 C.F.R. chapter 1, subchapter N for the measured pollutant or pollutant parameter.

In the case of pollutants or pollutant parameters for which there are no approved methods under 40 C.F.R. part 136 or otherwise required under 40 C.F.R. chapter 1, subchapter N, monitoring must be conducted according to a test procedure specified in this Order for such pollutants or pollutant parameters. (40 C.F.R. §§ 122.21(e)(3), 122.41(j)(4), 122.44(i)(1)(iv).) IV. STANDARD PROVISIONS – RECORDS
A. The Discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order, Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 7
for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the Water Board Executive Officer or U.S. EPA at any time. (40 C.F.R. § 122.41(j)(2); California Water Code § 13383(a))
B. Records of monitoring information shall include:

1. The date, exact place, and time of sampling or measurements (40 C.F.R. § 122.41(j)(3)(i));

2. The individual(s) who performed the sampling or measurements (40 C.F.R. § 122.41(j)(3)(ii));

3. The date(s) analyses were performed (40 C.F.R. § 122.41(j)(3)(iii));

4. The individual(s) who performed the analyses (40 C.F.R. § 122.41(j)(3)(iv));

5. The analytical techniques or methods used (40 C.F.R. § 122.41(j)(3)(v)); and

6. The results of such analyses. (40 C.F.R. § 122.41(j)(3)(vi).) C. Claims of confidentiality for the following information will be denied (40 C.F.R. § 122.7(b)):

1. The name and address of any permit applicant or Discharger (40 C.F.R. § 122.7(b)(1)); and

2. Permit applications and attachments, permits and effluent data. (40 C.F.R. § 122.7(b)(2).)
V. STANDARD PROVISIONS – REPORTING
A. Duty to Provide Information
The Discharger shall furnish to the Water Board, State Water Board, or U.S.

EPA within a reasonable time, any information which the Water Board, State Water Board, or U.S. EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order or to determine compliance with this Order. Upon request, the Discharger shall also furnish to the Water Board, State Water Board, or U.S. EPA copies of records required to be kept by this Order. (40 C.F.R. § 122.41(h); California Water Code, §13383.)
B. Signatory and Certification Requirements

1. All applications, reports, or information submitted to the Water Board, State Water Board, and/or U.S. EPA shall be signed and certified in accordance with Standard Provisions – Reporting Parts V.B.2, V.B.3, V.B.4, V.B.5, and V.B.6 below. (40 C.F.R. § 122.41(k).)

2. All permit applications shall be signed by either a principal executive officer or ranking elected official. For purposes of this provision, a principal executive officer of a federal agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 8
responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of U.S. EPA). (40 C.F.R. § 122.22(a)(3)).

3. All reports required by this Order and other information requested by the Water Board, State Water Board, or U.S. EPA shall be signed by a person described in Standard Provisions – Reporting Part V.B.2 above, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
e. The authorization is made in writing by a person described in Standard Provisions – Reporting V.B.2 above (40 C.F.R. § 122.22(b)(1));
f. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) (40
C.F.R. § 122.22(b)(2)); and
g. The written authorization is submitted to the Water Board and State Water Board. (40 C.F.R. § 122.22(b)(3).)

4. If an authorization under Standard Provisions – Reporting Part V.B.3 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Standard Provisions – Reporting Part V.B.3 above must be submitted to the Water Board and State Water Board prior to or together with any reports, information, or applications, to be signed by an authorized representative. (40 C.F.R. § 122.22(c).)

5. Any person signing a document under Standard Provisions – Reporting Parts V.B.2 or
V.B.3 above shall make the following certification:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.” (40 C.F.R. § 122.22(d).)
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 9

6. Any person providing the electronic signature for documents described in Standard Provisions – Parts V.B.1, V.B.2, or V.B.3 above that are submitted electronically shall meet all relevant requirements of this Standard Provisions – Reporting Part V.B, and shall ensure that all relevant requirements of 40 C.F.R. part 3 (Cross-Media Electronic Reporting) and 40 C.F.R. part 127 (NPDES Electronic Reporting Requirements) are met for that submission. (40 C.F.R § 122.22(e).) C. Monitoring Reports

1. Monitoring results shall be reported at the intervals specified in the this Order. (40 C.F.R. § 122.41(l)(4).)

2. Monitoring results must be reported on a Discharge Monitoring Report (DMR) form or forms provided or specified by the Water Board or State Water Board. As of December 21, 2020, all reports and forms must be submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G and comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R. part 127. (40 C.F.R.
§ 122.41(l)(4)(i).)

3. If the Discharger monitors any pollutant more frequently than required by this Order using test procedures approved under 40 C.F.R. part 136, or another method required for an industry-specific waste stream under 40 C.F.R. subchapter N, the results of such monitoring shall be included in the calculation and reporting of the data submitted in the DMR or reporting form specified by the Water Board or State Water Board. (40 C.F.R. § 122.41(l)(4)(ii).)

4. Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in this Order. (40 C.F.R. § 122.41(l)(4)(iii).) D. Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this Order, shall be submitted no later than 14 days following each schedule date. (40 C.F.R. § 122.41(l)(5).)
E. Twenty-Four Hour Reporting

1. The Discharger shall report any noncompliance that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the Discharger becomes aware of the circumstances. A written report shall also be provided within five (5) days of the time the Discharger becomes aware of the circumstances. The written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 10
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. (40 C.F.R. § 122.41(l)(6)(i).)
For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports must include the data described above (with the exception of time of discovery) as well as the type of event (i.e., combined sewer overflow, sanitary sewer overflow, or bypass event), type of overflow structure (e.g., manhole, combined sewer overflow outfall), discharge volume untreated by the treatment works treating domestic sewage, types of human health and environmental impacts of the event, and whether the noncompliance was related to wet weather.

As of December 21, 2020, all reports related to combined sewer overflows, sanitary sewer overflows, or bypass events must be submitted to the Water Board and must be submitted electronically to the initial recipient defined in Standard Provisions – Reporting Part V.J of this Attachment G. The reports shall comply with 40 C.F.R. part 3, 40 C.F.R. section 122.22, and 40 C.F.R. part 127. The Water Board may also require the Discharger to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(6)(i).)

2. The following shall be included as information that must be reported within 24 hours under this paragraph (40 C.F.R. § 122.41(l)(6)(ii)):
a. Any unanticipated bypass that exceeds any effluent limitation in this Order. (40 C.F.R.
§ 122.41(l)(6)(ii)(A).)
b. Any upset that exceeds any effluent limitation in this Order. (40 C.F.R. § 122.41(l)(6)(ii)(B).)
c. Violation of a maximum daily discharge limitation for any of the pollutants listed by the Water Board in this Order [40 CFR Section (l)(6)(ii)(C) and 122.44(g)].

3. The Water Board may waive the above-required written report under this provision on a case by case basis if an oral report has been received within 24 hours. (40
C.F.R. § 122.41(l)(6)(iii).)
F. Planned Changes
The Discharger shall give notice to the Water Board as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required under this provision only when (40 C.F.R. § 122.41(l)(1)):

1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR section 122.29(b) (40 C.F.R. § 122.41(l)(1)(i)); or
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 11

2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are not subject to effluent limitations in this Order. (40 C.F.R. § 122.41(l)(1)(ii).)
G. Anticipated Noncompliance
The Discharger shall give advance notice to the Water Board of any planned changes in the permitted facility or activity that may result in noncompliance with this Order’s requirements. (40 C.F.R. § 122.41(l)(2).) H. Other Noncompliance
The Discharger shall report all instances of noncompliance not reported under Standard Provisions – Reporting Parts V.C, V.D, and V.E above at the time monitoring reports are submitted. The reports shall contain the information listed in Standard Provision – Reporting
V.E above. For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports shall contain the information described in Standard Provision – Reporting Part V.E above and the applicable required data in appendix A to 40
C.F.R. part 127. The Water Board may also require the Discharger to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section. (40 C.F.R. § 122.41(l)(7).)
I. Other Information
When the Discharger becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Water Board, State Water Board, or U.S.

EPA, the Discharger shall promptly submit such facts or information. (40 C.F.R. § 122.41(l)(8).)
J. Initial Recipient for Electronic Reporting Data
The owner, operator, or the duly authorized representative is required to electronically submit NPDES information specified in appendix A to 40 C.F.R. part 127 to the initial recipient defined in 40 C.F.R. section 127.2(b). U.S. EPA will identify and publish the list of initial recipients on its website and in the Federal Register, by state and by NPDES data group [see 40 C.F.R. section 127.2(c)]. U.S. EPA will update and maintain this listing. (40 C.F.R. § 122.41(l)(9).)
VI. STANDARD PROVISIONS – ENFORCEMENT
A. The Water Board is authorized to enforce the terms of this permit under several provisions of the Water Code, including, but not limited to, sections 13385, 13386, and 13387.

B. The CWA provides that any person who violates Section 301, 302, 306, 307, 308, 318 or 405 of the CWA, or any permit condition or limitation implementing any such Sections in a permit issued under Section 402, or any Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 12
requirement imposed in a pretreatment program approved under Sections 402(a)(3) or 402(b)(8) of the CWA is subject to a civil penalty not to exceed
$25,000 per day for each violation. The CWA provides that any person who negligently violates Sections 301, 302, 306, 307, 308, 318, or 405 of the CWA, or any condition or limitation implementing any of such Sections in a permit issued under Section 402 of the CWA, or any requirement imposed in a pretreatment program approved under Section 402(a)(3) or 402(b)(8) of the CWA, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than one (1) year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more
than $50,000 per day of violation, or by imprisonment of not more than two (2) years, or both. Any person who knowingly violates such Sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than three (3) years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than six (6) years, or both. Any person who knowingly violates Section 301, 302, 303, 306, 307, 308, 318 or 405 of the CWA, or any permit condition or limitation implementing any of such Sections in a permit issued under Section 402 of the CWA, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than
$250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in Section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR Section 122.41(a)(2)] [California Water Code Sections 13385 and 13387].

C. Any person may be assessed an administrative penalty by the Water Board for violating Section 301, 302, 306, 307, 308, 318 or 405 of the CWA, or any permit condition or limitation implementing any of such Sections in a permit issued under Section 402 of the CWA. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000 [40 CFR Section 122.41(a)(3)].

D. The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment G
Attachment G - 13
maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than two (2) years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than four (4) years, or both [40 CFR Section 122.41(j)(5)].

E. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this Order, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both [40 CFR Section 122.41(k)(2)].

IV. CONTINUATION OF EXPIRED PERMIT
A. This Order continues in force and effect until the effective date of a new permit or the Water Board rescinds this Order. (40 C.F.R. section 122.6(d).) Only those dischargers authorized to discharge under the expiring Order are covered by the continued Order.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment H
Attachment H - 1

ATTACHMENT H
Provision C.3.j.ii.(2)
Numeric Implementation Retrofit Requirements
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment H
Attachment H - 2
Table H-1. Numeric Retrofit Requirements
County Permittee 2019 US
Census
Bureau
Population
Estimate
MRP 3
Provision
C.3.j
Retrofit
Assignment
(acres)
County
Total
(acres)
Alameda Alameda
77,624

4.66 58.42
Alameda Alameda County
147,218

5.00 Alameda Albany
19,696

1.18 Alameda Berkeley
121,363

5.00 Alameda Dublin
64,826

3.89 Alameda Emeryville
12,086

0.73 Alameda Fremont
241,110

5.00 Alameda Hayward
159,203

5.00 Alameda Livermore
90,189

5.41 Alameda Newark
49,149

2.95 Alameda Oakland
433,031

5.00 Alameda Piedmont
11,135

0.67 Alameda Pleasanton
81,777

4.91 Alameda San Leandro
88,815

5.00 Alameda Union City
74,107

4.45 Contra Costa Antioch
111,502

5.00 57.32
Contra Costa Brentwood
64,474

3.87 Contra Costa Clayton
12,265

0.74 Contra Costa Concord
129,295

5.00 Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment H
Attachment H - 3
Contra Costa Contra Costa
County
185,589

5.00 Contra Costa Danville
44,510

2.67 Contra Costa El Cerrito
25,508

1.53 Contra Costa Hercules
26,276

1.58 Contra Costa Lafayette
26,638

1.60 Contra Costa Martinez
38,297

2.30 Contra Costa Moraga
17,783

1.07 Contra Costa Oakley
42,543

2.55 Contra Costa Orinda
19,926

1.20 Contra Costa Pinole
19,250

1.16 Contra Costa Pittsburg
72,588

4.36 Contra Costa Pleasant Hill
34,839

2.09 Contra Costa Richmond
110,567

5.00 Contra Costa San Pablo
30,990

1.86 Contra Costa San Ramon
75,995

4.56 Contra Costa Walnut Creek
70,166

4.21 Santa Clara Campbell
41,793

2.51 46.09
Santa Clara Cupertino
59,276

3.56 Santa Clara Los Altos
30,089

1.81 Santa Clara Los Altos Hills
8,423

0.51 Santa Clara Los Gatos
30,222

1.81 Santa Clara Milpitas
84,196

5.00 Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment H
Attachment H - 4
Santa Clara Monte Sereno
3,427

0.21 Santa Clara Mountain View
82,739

4.96 Santa Clara Palo Alto
65,364

3.92 Santa Clara San Jose
1,021,795

5.00 Santa Clara Santa Clara
130,365

5.00 Santa Clara Santa Clara County
98,110

5.00 Santa Clara Saratoga
30,153

1.81 Santa Clara Sunnyvale
152,703

5.00 San Mateo Atherton
7,137

0.43 43.31
San Mateo Belmont
26,941

1.62 San Mateo Brisbane
4,671

0.28 San Mateo Burlingame
30,889

1.85 San Mateo Colma
1,489

0.20 San Mateo Daly City
106,280

5.00 San Mateo East Palo Alto
29,314

1.76 San Mateo Foster City
33,901

2.03 San Mateo Half Moon Bay
12,932

0.78 San Mateo Hillsborough
11,387

0.68 San Mateo Menlo Park
34,698

2.08 San Mateo Millbrae
22,394

1.34 San Mateo Pacifica
38,546

2.31 San Mateo Portola Valley
4,568

0.27 Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-0018 Attachment H
Attachment H - 5
San Mateo Redwood City
85,925

5.00 San Mateo San Bruno
42,807

2.57 San Mateo San Carlos
30,185

1.81 San Mateo San Mateo
104,430

5.00 San Mateo San Mateo County
64,832

3.89 San Mateo South San
Francisco

67,789

4.07 San Mateo Woodside
5,458

0.33 Solano Fairfield
117,133

5.00 11.78
Solano Suisun City
29,663

1.78 Solano Vallejo
121,692

5.00 Total
5,917,090.00

216.92
Table H-1. The retrofit assignment is three acres per 50,000 population, prorated, with a minimum expectation of 0.20 acres and a maximum expectation of five acres. The population data in this table is from the 2019 U.S. Census Bureau Population Estimate.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
Attachment I - 1

ATTACHMENT I
Applicable C.3 Requirements from
Previous Permit, Order No. R2-2015-0049
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
Attachment I - 2
C.3. New Development and Redevelopment
C.3.b. Regulated Projects
ii. Regulated Projects are defined in the following categories:
(1) Special Land Use Categories
(a) New Development or redevelopment projects that fall into one of the categories listed below and that create and/or replace 5000 square feet or more of impervious surface (collectively over the entire project site). This category includes development projects of the following four types on public or private land that fall under the planning and building authority of a Permittee:
(i) Auto service facilities, described by the following Standard Industrial Classification (SIC) Codes: 5013, 5014, 5541, 7532- 7534, and 7536-7539;
(ii) Retail gasoline outlets;
(iii) Restaurants (SIC Code 5812); or
(iv) Stand-alone uncovered parking lots and uncovered parking lots that are part of a development project if the parking lot creates and/or replaces 5,000 square feet or more of impervious surface.

This category includes the top uncovered portion of parking structures, unless drainage from the uncovered portion is connected to the sanitary sewer along with the covered portions of the parking structure.
(b) For redevelopment projects in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv), specific exclusions are:
(i) Interior remodels; and
(ii) Routine maintenance or repair such as:
 roof or exterior wall surface replacement, and/or
 pavement resurfacing within the existing footprint.
(c) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of 50 percent or more of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project).
(d) Where a redevelopment project in the categories specified in Provision C.3.b.ii.(1)(a)(i)-(iv) results in an alteration of less than 50 Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
Attachment I - 3
percent of the impervious surface of a previously existing development that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project).
(2) Other Development Projects
New development projects that create 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. This category includes development projects on public or private land that fall under the planning and building authority of a Permittee.

Detached single-family home projects that are not part of a larger plan of development are specifically excluded.
(3) Other Redevelopment Projects
Redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site) including commercial, industrial, residential housing subdivisions (i.e., detached single-family home subdivisions, multi-family attached subdivisions (town homes), condominiums, and apartments), mixed-use, and public projects. Redevelopment is any land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred. This category includes redevelopment projects on public or private land that fall under the planning and building authority of a Permittee.

Specific exclusions to this category are:

Interior remodels; and
Routine maintenance or repair such as:
roof or exterior wall surface replacement, and/or
pavement resurfacing within the existing footprint.
(a) Where a redevelopment project results in an alteration of 50 percent or more of the impervious surface of a previously existing development that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire redevelopment project).
(b) Where a redevelopment results in an alteration of less than 50 percent of the impervious surface of a previously existing Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
Attachment I - 4
development that was not subject to Provision C.3., only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the new and/or replaced impervious surface of the project).
(4) Road Projects
Any of the following types of road projects that create 10,000 square feet or more of newly constructed contiguous impervious surface and that fall under the building and planning authority of a Permittee:
(a) Construction of new streets or roads, including sidewalks and bicycle lanes built as part of the new streets or roads.
(b) Widening of existing streets or roads with additional traffic lanes. (i) Where the addition of traffic lanes results in an alteration of more than 50 percent of the impervious surface of an existing street or road within the project that was not subject to Provision C.3, the entire project, consisting of all existing, new, and/or replaced impervious surfaces, shall be included in the treatment system design (i.e., stormwater treatment systems must be designed and sized to treat stormwater runoff from the entire street or road that had additional traffic lanes added). (ii) Where the addition of traffic lanes results in an alteration of less than 50 percent of the impervious surface of an existing street or road within the project that was not subject to Provision C.3, only the new and/or replaced impervious surface of the project must be included in the treatment system design (i.e.,
stormwater treatment systems must be designed and sized to treat stormwater runoff from only the new traffic lanes).

However, if the stormwater runoff from the existing traffic lanes and the added traffic lanes cannot be separated, any onsite treatment system shall be designed and sized to treat stormwater runoff from the entire street or road. If an offsite treatment system is installed or in-lieu fees paid in accordance with Provision C.3.e, the offsite treatment system or in-lieu fees must address only the stormwater runoff from the added traffic lanes. (c) Construction of impervious trails that are greater than 10 feet wide or are creek-side (within 50 feet of the top of bank).
(d) Specific exclusions to Provisions C.3.b.ii.(4)(a)-(c) include the following:
 Sidewalks built as part of new streets or roads and built to direct stormwater runoff to adjacent vegetated areas.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
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 Bicycle lanes built as part of new streets or roads but are not hydraulically connected to the new streets or roads and that direct stormwater runoff to adjacent vegetated areas.
 Impervious trails built to direct stormwater runoff to adjacent vegetated areas, or other non-erodible permeable areas, preferably away from creeks or towards the outboard side of levees.  Sidewalks, bicycle lanes, or trails constructed with permeable surfaces.1
 Caltrans highway projects and associated facilities.

C.3.e. Alternative or In-Lieu Compliance with Provision C.3.b. ii. Special Projects
(1) When considered at the watershed scale, certain land development projects characterized as smart growth, high density, or transit-oriented development can either reduce existing impervious surfaces, or create less “accessory” impervious areas and automobile-related pollutant impacts.

Incentive LID Treatment Reduction Credits approved by the Water Board may be applied to these Special Projects, which are Regulated Projects that meet the specific criteria listed below in Provision C.3.e.ii.(2). For any Special Project, the allowable incentive LID Treatment Reduction Credit is the maximum percentage of the amount of runoff identified in Provision C.3.d. for the Special Project’s drainage area, that may be treated with one or a combination of the following two types of non-LID treatment systems:

Tree-box-type high flowrate biofilters
Vault-based high flowrate media filters
The allowed LID Treatment Reduction Credit recognizes that density and space limitations for the Special Projects identified herein may make 100% LID treatment infeasible.
(2) Prior to granting any LID Treatment Reduction Credits, Permittees must first establish all the following:
(a) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite;
(b) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures offsite or paying in-lieu fees to treat 100% of the 1 Permeable surfaces include pervious concrete, porous asphalt, unit pavers, and granular materials.

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Provision C.3.d runoff with LID treatment measures at an offsite or Regional Project; and
(c) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with some combination of LID treatment measures onsite, offsite, and/or paying in-lieu fees towards at an offsite or Regional Project.

For each Special Project, a Permittee shall document the basis of infeasibility used to establish technical and/or economic infeasibility.

Under Provision C.3.e.vi, each Permittee is required to report on the infeasibility of 100% LID treatment in each scenario described in Provision C.3.e.ii.(2)(a)-(c) above, for each of the Special Projects for which LID Treatment Reduction Credit was applied.
(3) Category A Special Project Criteria
(a) To be considered a Category A Special Project, a Regulated Project must meet all of the following criteria:
(i) Be built as part of a Permittee’s stated objective to preserve or enhance a pedestrian-oriented type of urban design.
(ii) Be located in a Permittee’s designated central business district, downtown core area or downtown core zoning district,
neighborhood business district or comparable pedestrianoriented commercial district, or historic preservation site and/or district.
(iii) Create and/or replace one half acre or less of impervious surface area.
(iv) Include no surface parking, except for incidental surface parking.

Incidental surface parking is allowed only for emergency vehicle access, Americans with Disabilities Act (ADA)
accessibility, and passenger and freight loading zones. (v) Have at least 85% coverage for the entire project site by permanent structures. The remaining 15% portion of the site is to be used for safety access, parking structure entrances, trash and recycling service, utility access, pedestrian connections, public uses, landscaping, and stormwater treatment.
(b) Any Category A Special Project may qualify for 100% LID Treatment Reduction Credit, which would allow the Category A Special Project to treat up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
(4) Category B Special Project Criteria
Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
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(a) To be considered a Category B Special Project, a Regulated Project must meet all of the following criteria:
(i) Be built as part of a Permittee’s stated objective to preserve or enhance a pedestrian-oriented type of urban design.
(ii) Be located in a Permittee’s designated central business district, downtown core area or downtown core zoning district,
neighborhood business district or comparable pedestrianoriented commercial district, or historic preservation site and/or district.
(iii) Create and/or replace greater than one-half acre but no more than 2 acres of impervious surface area.
(iv) Include no surface parking, except for incidental surface parking.

Incidental surface parking is allowed only for emergency vehicle access, ADA accessibility, and passenger and freight loading zones.
(v) Have at least 85% coverage for the entire project site by permanent structures. The remaining 15% portion of the site is to be used for safety access, parking structure entrances, trash and recycling service, utility access, pedestrian connections, public uses, landscaping, and stormwater treatment.
(b) For any Category B Special Project, the maximum LID Treatment Reduction Credit allowed is determined based on the density achieved by the Project in accordance with the criteria listed below. Density is expressed in Floor Area Ratios (FARs2
) for commercial development
projects, in Dwelling Units per Acre (DU/Ac) for residential development projects, and in FARs and DU/Ac for mixed-use development projects.
(i) 50% Maximum LID Treatment Reduction Credit
 For any commercial Category B Special Project with an FAR of at least 2:1, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.  For any residential Category B Special Project with a gross density3 of at least 50 DU/Ac, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the 2 Floor Area Ratio – The ratio of the total floor area on all floors of all buildings at a project site (except structures, floors, or floor areas dedicated to parking) to the total project site area. 3 Gross Density – The total number of residential units divided by the acreage of the entire site area, including land occupied by public right-of-ways, recreational, civic, commercial and other non-residential uses.

Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
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two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
 For any mixed use Category B Special Project with an FAR of at least 2:1 or a gross density of at least 50 DU/Ac, up to 50% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
(ii) 75% Maximum LID Treatment Reduction Credit
 For any commercial Category B Special Project with an FAR of at least 3:1, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.  For any residential Category B Special Project with a gross density of at least 75 DU/Ac, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
 For any mixed use Category B Special Project with an FAR of at least 3:1 or a gross density of at least 75 DU/Ac, up to 75% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
(iii) 100% Maximum LID Treatment Reduction Credit
 For any commercial Category B Special Project with an FAR of at least 4:1, up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
 For any residential Category B Special Project with a gross density of at least 100 DU/Ac, up to 100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment systems listed in Provision C.3.e.ii.(1) above.
 For any mixed use Category B Special Project with an FAR of at least 4:1 or a gross density of at least 100 DU/Ac, up to Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
Attachment I - 9
100% of the amount of runoff identified in Provision C.3.d. for the Project’s drainage area may be treated with either one or a combination of the two types of non-LID treatment
systems listed in Provision C.3.e.ii.(1) above.
(5) Category C Special Project Criteria (Transit-Oriented Development) (a) Transit-Oriented Development refers to the clustering of homes, jobs, shops and services in close proximity to rail stations, ferry terminals or bus stops offering access to frequent, high-quality transit services.

This pattern typically involves compact development and a mixing of different land uses, along with amenities like pedestrian-friendly streets. To be considered a Category C Special Project, a Regulated Project must meet all of the following criteria:
(i) Be characterized as a non-auto-related land use project. That is, Category C specifically excludes any Regulated Project that is a stand-alone surface parking lot; car dealership; auto and truck rental facility with onsite surface storage; fast-food restaurant, bank or pharmacy with drive-through lanes; gas station, car wash, auto repair and service facility; or other auto-related project unrelated to the concept of Transit-Oriented
Development.
(ii) If a commercial development project, achieve at least an FAR of 2:1.
(iii) If a residential development project, achieve at least a gross density of 25 DU/Ac.
(iv) If a mixed use development project, achieve at least an FAR of 2:1 or a gross density of 25 DU/Ac.
(b) For any Category C Special Project, the total maximum LID Treatment Reduction Credit allowed is the sum of three different types of credits that the Category C Special Project may qualify for, namely: Location, Density and Minimized Surface Parking Credits. (c) Location Credits
(i) A Category C Special Project may qualify for the following Location Credits:
a. 50% Location Credit: Located within a ¼ mile radius of an existing or planned transit hub.
b. 25% Location Credit: Located within a ½ mile radius of an existing or planned transit hub.
c. 25% Location Credit: Located within a planned Priority Development Area (PDA), which is an infill development
area formally designated by the Association of Bay Area Municipal Regional Stormwater Permit NPDES Permit No. CAS612008 Order No. R2-2022-2018 Attachment I
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Government’s / Metropolitan Transportation Commission’s FOCUS regional planning program. FOCUS is a regional
incentive-based development and conservation strategy for the San Francisco Bay Area.
(ii) Only one Location Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Location Credits.
(iii) At least 50% or more of a Category C Special Project’s site must be located within the ¼ or ½ mile radius of an existing or planned transit hub to qualify for the corresponding Location Credits listed above. One hundred percent of a Category C Special Project’s site must be located within a PDA to qualify for the corresponding Location Credit listed above.
(iv) Transit hub is defined as a rail, light rail, or commuter rail station, ferry terminal, or bus transfer station served by three or more bus routes (i.e., a bus stop with no supporting services does not qualify). A planned transit hub is a station on the MTC’s Regional Transit Expansion Program list, per MTC’s Resolution 3434 (revised April 2006), which is a regional priority funding plan for future transit stations in the San Francisco Bay Area.
(d) Density Credits: To qualify for any Density Credits, a Category C Special Project must first qualify for one of the Location Credits listed in Provision C.3.e.ii.(5)(c) above.
(i) A Category C Special Project that is a commercial or mixed-use development project may qualify for the following Density Credits:
a. 10% Density Credit: Achieve an FAR of at least 2:1.
b. 20% Density Credit: Achieve an FAR of at least 4:1.
c. 30% Density Credit: Achieve an FAR of at least 6:1.
(ii) A Category C Special Project that is a residential or mixed-use development project may qualify for the following Density Credits:
a. 10% Density Credit: Achieve a gross density of at least 30 DU/Ac.
b. 20% Density Credit: Achieve a gross density of at least 60 DU/Ac.
c. 30% Density Credit: Achieve a gross density of at least 100 DU/Ac.

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(iii) Commercial Category C Projects do not qualify for Density Credits based on DU/Ac and residential Category C Projects do not qualify for Density Credits based on FAR. Mixed use Category C Projects may use Density Credits based on either DU/Ac or FAR, but not both.
(iv) Only one Density Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Density Credits.
(e) Minimized Surface Parking Credits: To qualify for any Minimized Surface Parking Credits, a Category C Special Project must first qualify for one of the Location Credits listed in Provision C.3.e.ii.(5)(c) above.
(i) A Category C Special Project may qualify for the following Minimized Surface Parking Credits:
a. 10% Minimized Surface Parking Credit: Have 10% or less of the total post-project impervious surface area dedicated to at-grade surface parking. The at-grade surface parking must be treated with LID treatment measures.
b. 20% Minimized Surface Parking Credit: Have no surface parking except for incidental surface parking. Incidental surface parking is allowed only for emergency vehicle
access, ADA accessibility, and passenger and freight
loading zones.
(ii) Only one Minimized Surface Parking Credit may be used by an individual Category C Special Project, even if the project qualifies for multiple Minimized Surface Parking Credits. (6) Any Regulated Project that meets all the criteria for multiple Special Projects Categories (i.e., a Regulated Project that may be characterized as a Category B or C Special Project) may only use the LID Treatment Reduction Credit allowed under one of the Special Projects Categories (i.e., a Regulated Project that may be characterized as a Category B or C Special Project may use the LID Treatment Reduction Credit allowed under Category B or Category C, but not the sum of both.). iii. Implementation Level
(1) Provisions C.3.e.i-ii supersede any Alternative Compliance Policies previously approved by the Executive Officer.
(2) The definitions of FAR and gross density applicable to Provisions C.3.e.ii.(4) and (5) are effective July 1, 2022, and shall apply to all Special Projects granted final discretionary approval on or after July 1, 2022.

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(3) For all offsite projects and Regional Projects installed in accordance with Provision C.3.e.i-ii, the Permittees shall meet the Operation & Maintenance (O&M) requirements of Provision C.3.h.
iv. Reporting – Annual reporting shall be done in conjunction with reporting requirements under Provision C.3.b.iv.(2).

Any Permittee choosing to require 100% LID treatment onsite for all Regulated Projects and not allow alternative compliance under Provision C.3.e, shall include a statement to that effect in each Annual Report. v. Reporting on Special Projects
(1) Permittees shall track any identified potential Special Projects, including those projects that have submitted planning applications but that have not received final discretionary approval.
(2) In each Annual Report, Permittees shall report to the Water Board on these tracked potential Special Projects using Table 3.1 found at the end of Provision C.3. All the required column entry information listed in Table

3.1 shall be reported for each potential Special Project. Any Permittee with no Special Projects shall so state.

For each Special Project listed in Table 3.1, Permittees shall include a narrative discussion of the feasibility or infeasibility of 100% LID treatment onsite, offsite, and at a Regional Project. The narrative discussion shall address each of the following:
(a) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures onsite.
(b) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with LID treatment measures offsite or paying in-lieu fees to treat 100% of the Provision C.3.d runoff with LID treatment measures at a Regional Project.
(c) The infeasibility of treating 100% of the amount of runoff identified in Provision C.3.d for the Regulated Project’s drainage area with some combination of LID treatment measures onsite, offsite, and/or paying in-lieu fees towards a Regional Project.

Both technical and economic feasibility or infeasibility shall be discussed, as applicable. The discussion shall also contain enough technical and/or economic detail to document the basis of infeasibility used. (3) Once a Special Project has final discretionary approval, it shall be reported in the Provision C.3.b. Reporting Table in the same reporting year that the project was approved. In addition to the column entries contained in the Provision C.3.b. Reporting Table, the Permittees shall provide the following supplemental information for each approved Special Project:

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(a) Submittal Date: Date that a planning application for the Special Project was submitted.
(b) Description: Type of project, number of floors, number of units (commercial, mixed-use, residential), type of parking, and other relevant information.
(c) Site Acreage: Total site area in acres.
(d) Gross Density in DU/Ac: Number of dwelling units per acre. (e) Density in FAR: Floor Area Ratio.
(f) Special Project Category: For each applicable Special Project Category, list the specific criteria applied to determine applicability.

For each non-applicable Special Project Category, indicate n/a. (g) LID Treatment Reduction Credit: For each applicable Special Project Category, state the maximum total LID Treatment Reduction Credit applied. For Category C Special Projects also list the individual Location, Density, and Minimized Surface Parking Credits applied. (h) Stormwater Treatment Systems: List all proposed stormwater treatment systems and the corresponding percentage of the total amount of runoff runoff identified in Provision C.3.d. for the Project’s drainage area that will be treated by each treatment system. (i) List of Non-LID Stormwater Treatment Systems: List all non-LID stormwater treatment systems approved. For each type of non-LID treatment system, indicate: (1) the percentage of the total amount of runoff identified in Provision C.3.d. for the Special Project's drainage area, and (2) whether the treatment system either meets minimum design criteria published by a government agency or received certification issued by a government agency, and reference the applicable criteria or certification.

C.3.i. Required Site Design Measures for Small Projects and Detached Single-Family Home Projects
i. Task Description – The Permittees shall require all development projects, which create and/or replace > 2,500 ft2
to < 10,000 ft2 of impervious surface,
and detached single-family home projects,4 which create and/or replace 2,500 square feet or more of impervious surface, to install one or more of the following site design measures:
 Direct roof runoff into cisterns or rain barrels for reuse. 4 Detached single-family home project – The building of one single new house or the addition and/or replacement of impervious surface to one single existing house, which is not part of a larger plan of development.

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 Direct roof runoff onto vegetated areas.
 Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas.  Direct runoff from driveways and/or uncovered parking lots onto vegetated areas.
 Construct sidewalks, walkways, and/or patios with permeable surfaces.1  Construct bike lanes, driveways, and/or uncovered parking lots with permeable surfaces.1
This provision applies to all development projects that require approvals and/or permits issued under the Permittees’ planning, building, or other comparable authority.
ii. Reporting – On an annual basis, discuss the implementation of the requirements of Provision C.3.i, including ordinance revisions, permit conditions, development of standard specifications and/or guidance materials, and staff training.

Consulting Services Agreement between
City of Newark and Verdantas Inc. Page 1 of 15

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF NEWARK
AND
VERDANTAS INC.

FOR STORMWATER INSPECTION SERVICES
This Agreement for consulting services (“Agreement”) is made by and between the City of Newark, a municipal corporation, (“City”) and Verdantas Inc. a corporation, with offices located at 2246 Camino Ramon, San Ramon CA 94583, (“Consultant”), (together referred to as the “Parties”) as of ____________, 2026 (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, 2028 and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Funding for services beyond the current fiscal year will be included in future City budgets but is subject to City Council approval of annual appropriations.]

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged and in the geographical area in which Consultant practices its profession.

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 fourhundred and five thousand five-hundred dollars ($405,500.00) 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 Consulting Services Agreement between
City of Newark and Verdantas Inc. Page 2 of 15
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.

Consulting Services Agreement between
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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. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

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City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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

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

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$2,000,000 per occurrence;
Bodily Injury and Property
Damage
$4,000,000 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive 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
$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
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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.

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d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claimsmade policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory Consulting Services Agreement between
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to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.

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Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, 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 Consulting Services Agreement between
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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 Consulting Services Agreement between
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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.

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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.

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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 City of Newark Public Works Director ("Contract Administrator"). All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Contract Administrator.

10.10 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, (ii) delivery by reputable overnight delivery service (e.g. Federal Express) which provides a receipt showing date and time of delivery, (iii) certified United States mail, postage prepaid, return receipt requested, or (iv) by email transmission . Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Any written notice to Consultant shall be sent to:

Verdantas Inc.
2246 Camino Ramon
San Ramon, CA 94583
Attn: Julianne Keam
All other written notices to City shall be sent to:

Howard Young Kristopher J. Kokotaylo,
Public Works Director 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 Consulting Services Agreement between
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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 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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Consulting Services Agreement between
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The Parties have executed this Agreement as of the Effective Date.

CITY OF NEWARK VERDANTAS INC.
___________________________ ____________________________ DAVID J. BENOUN, CITY MANAGER BRIAN FRANTZ, AVP/DIVISION LEADER ATTEST:
___________________________

NEETU SALWAN, 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
Consulting Services Agreement between
City of Newark and _________
Submitted to
City of Newark
37101 Newark Boulevard
Newark, CA 94560
Submitted by
2246 Camino Ramon
San Ramon, CA 94583
Municipal Regional
Stormwater NPDES Permit
Inspections and Spill
Response Services
Scope of Work Section
City of Newark
Municipal Regional Stormwater NPDES Permit Inspections and Spill Response Services December 2025
1 Verdantas.com

2.2 Understanding and Approach
The primary goals of the City’s RFP are to ensure the following conditions are met or exceeded each contract year.

Comply with the provisions of the MRP for C.3 and C.4, including conducting inspections per the frequency outlined in the MRP for each provision.
 Per Provision C.3 of the MRP, permittees must inspect an average of 20 percent but no less than 15 percent of total number of Regulated Projects per year. Each Regulated Project must also be inspected at least once every five years.
 MRP Provision C.4 requires permittees to conduct inspections at industrial and commercial facilities that could be considered to cause or contribute to stormwater pollution if proper Best Management Practices (BMPs) are not implemented.
 Ensure that rooftop observations are obtained (as allowed by safety) and if applicable the inspector would note the potential presence of equipment/activities that contain PCBs, mercury, copper, or polystyrene products and verify proper use/disposal of these materials.

Provide spill and discharge response services per Provision C.5 whether they occur during normal working hours or if they occur after hours or on the weekend in compliance with the City’s Spill and Discharge Response Plan (SDRP) and the City’s Enforcement Response Plan (ERP).

Ensure that GIS mapping information for each stormwater management measure (C.3) is collected. The intent is to correlate the data with a site map and provide the data to the City for upload to their ArcGIS online platform.

Provide data in the ‘Remarks’ section for both C.3 and C.4 to help the City track whether site catch basins/area drains are labeled “No Dumping, Flows to Creek,” or other relevant, specific notation. If these markers are not present, the inspector would ensure that the location representative understands it is a requirement to install storm drain markers. It is assumed that the City will provide details on where these markers can be procured by the businesses.

Active discharges observed during an inspection will be stopped immediately and the City contacted to report the incident the same day. Business representatives will be informed the day of the inspection if potential or actual stormwater violations are noted so that they may be resolved per the required timeline in the MRP and per the City’s ERP. The inspection documentation and photographic evidence will be provided to both the City and to the Business for their records.

2.2.1 Flow of Work for MRP Provision C.3 O&M Verification Inspections The City has approximately 50 sites with installed stormwater management measures and expects that approximately 15-20 Regulated Projects will be inspected in Year 1. Out of these, it is expected that approximately 50 percent (about 8-10 projects) will require a re-inspection, and approximately 10-15 percent (about 3 projects) will require a second re-inspection. It is understood that the first inspections must occur before May 15 each year.

Flow of Work for C.3 Inspections/Re-Inspections: A summary of the complete inspection process, including initial inspection and re-inspection tasks, is shown in Exhibit 3 (see next page). The inspection schedule is discussed in Section 5.

City of Newark
Municipal Regional Stormwater NPDES Permit Inspections and Spill Response Services December 2025
2 Verdantas.com
Verdantas will build on and leverage our knowledge of the City’s program and the process to build in efficiencies, such as use of a script during phone interviews and inspection scheduling with owners to ensure consistent and accurate collection of information by Verdantas inspectors. We provide joint City and Verdantas business cards to our inspectors to give out as needed during inspections, which provide City contact information and the Verdantas inspector’s name. If approved by the City, use of electronic inspection forms via our proposed Field Maps application will allow for creation and export of a database that can be used by the City to help them meet their requirements for annual reporting. The intent would be to coordinate the setup of Field Maps so that it would match the requirements in the Alameda Countywide Clean Water Program (ACCWP) Standard Stormwater Treatment BMPs Inspection Report Form (SSBIR), as well as match the needs of the City’s ArcGIS online database.

In addition, Verdantas is prepared to use the Field Maps App to collect GIS data related to the stormwater management measures located at each facility. This data will be shared with the City to incorporate into their ArcGIS online database. Verdantas intends to use iPads with Global Positioning System (GPS) units and collect data with Field Maps and Survey123 electronic inspection forms to achieve efficiencies with photologs and data/document management and provide consistent work products.

Re-inspections of Stormwater Management Measures: During the course of initial inspections, some Regulated Projects may be identified that have corrective actions required to ensure proper maintenance and function of the treatment measures on site, triggering a re-inspection. These corrective actions will be identified on our proposed Survey123 Corrective Action Photologs. Historically, we have emailed these photologs to the site representatives so that they are fully aware of the changes that need to be made to ensure compliance is achieved. We have received positive feedback from site representatives that corrective action photologs provide clear concise directions that they can follow, as well as a record that shows before and after conditions for compliance.

City of Newark
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Exhibit 3. MRP Provision C.3 Inspection and Re-Inspection Process Part of the process of re-inspection involves weekly email notification to the City, which includes a “re-inspection spreadsheet” listing the site locations that require re-inspection (within 3 business days of the week following the inspection). Verdantas maintains this spreadsheet for the City currently and is well versed in the re-inspection process and notification procedures. Re-inspections need to occur within 30 business days of the previous inspection as indicated in the City’s ERP unless a longer duration is needed to complete a more complicated repair, in which case this situation would be coordinated with approval from the City.

During the re-inspection, the Verdantas inspector will compare the original Field Maps data to the current status of the site to indicate if appropriate measures have been taken to remedy the noted deficiencies in the treatment measures. A new Field Maps form will be filled out for the re-inspection. In some cases, it may be determined that a second re-inspection is warranted because the corrective actions have not been addressed appropriately and there are serious deficiencies or because there are new or additional issues/deficiencies to report. If this occurs, Verdantas will notify the City immediately and work with the City staff to determine what actions should be taken.

Second re-inspections will be conducted only if requested by the City and a new corrective action photolog will be sent to the site representative. Data will be submitted to the City with the scheduled weekly report and delivered via secure HostedFTP or via secure OneDrive file sharing.

City of Newark
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2.2.2 Flow of Work for MRP Provision C.4 Business Inspections The City expects that approximately 50-100 first inspections will need to be conducted on a yearly basis. Out of these, it is expected that approximately 10-15 percent (10-15 businesses) will require a re-inspection and approximately 5 percent (5 businesses) will require a second re-inspection. It is understood that the first inspections must occur before June 1 each year. The inspection schedule is provided and discussed in more detail in Section 5.

Flow of Work for C.4 Inspections/Re-Inspections: A summary of the complete inspection process, including initial inspection and re-inspection tasks is shown in Exhibit 4 (see next page). As noted with the C.3 O&M Verification Inspections, Verdantas staff will use the same equipment for C.4 Business Inspections (iPads with GPS units and collect data with Field Maps and Survey123) to achieve the same efficiencies with photologs and data/document management and provide consistent work products. The intent will be to transfer the ACCWP Standard Stormwater Facility Inspection Report Form (SSFIR) to Survey123. This would only occur if agreed to with the City. Benefits of this process would include the ability to export collected data for use with the City’s annual reporting process and internal database.

Re-Inspection of Businesses: Some facilities may have corrective actions triggering a re-inspection. Email notification will be sent to the City weekly with a “re-inspection spreadsheet” listing the facilities that require reinspection (within 3 business days of the week following the inspection). Verdantas maintains this spreadsheet and is well versed in the re-inspection process and notification procedures for C.4. Business Inspections. The City will inform whether they prefer to conduct the re-inspection or if Verdantas should follow through with the reinspection. Historically, Verdantas has performed the re-inspection, but there have been special cases where the City preferred to intervene for high risk repeat offenders. Re-inspections must occur within 10 business days of the previous inspection as indicated in the City’s ERP unless rain is imminent. Verdantas routinely monitors National Oceanic and Atmospheric Administration (NOAA) weather forecasts in the Newark area and uses these reports to assist with determining when corrective actions need to be achieved.

During the re-inspection, a new Survey123 inspection will be filled out to document whether appropriate corrections/changes have been made. Photographs of previous issue areas will be collected with Survey123 and included in both Field Maps to update the original file and Survey123 to create an updated photolog. The photos will be used to provide evidence to the City that the deficiencies have been addressed and that the facility is in compliance. Verification from the City is necessary to show the business inspection is complete. Data will be submitted to the City with the scheduled weekly report and delivered via secure HostedFTP or via secure OneDrive file sharing. In some cases, it may be determined that a second re-inspection is warranted because the corrective actions have not been addressed appropriately and there are serious deficiencies or because there are new or additional issues/deficiencies to report. If this occurs, Verdantas will notify the City immediately and work with the City staff to determine what actions should be taken. Second re-inspections will be conducted only if requested by the City and a new corrective action photolog will be sent to the site representative.

City of Newark
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Exhibit 4. MRP Provision C.4 Inspection and Re-Inspection Process

2.2.3 Spill and Discharge Response
The City’s Department of Public Works (DPW) has responsibility for illicit discharge and spill response, investigation, cleanup, follow-up, and record keeping for illicit discharges and spills reported within their jurisdiction. At times, these illicit discharges and spills may occur after hours, on weekends, or during holidays.

DPW has determined the need for using a Contractor to assist with spill response efforts for the City and will use a Contractor to be the first responder, as needed, during these off hours for the City. The Contractor is expected to be familiar with the City’s ERP if called to investigate reported spills, develop actions plans, assist with spill containment, assist with recordkeeping, and time tracking, conduct follow-up work, or other activities as required by the City.

Verdantas will ensure that the Verdantas on-call emergency response staff are properly qualified and have received Verdantas in-house training pertaining to the City’s most recent version of the SDRP. Additionally, Verdantas staff are fully trained in safety protocols and injury and illness prevention and Verdantas is an approved vendor with an A grade in the safety platform ISNetworld. Verdantas maintains a 24-hour, 365 days-a-year emergency on-call service telephone number. Calls received are automatically forwarded to the Verdantas on-call emergency City of Newark
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response management team who will ensure that the proper on-call staff are assigned to respond to the emergency request.

Verdantas may be the first to respond/arrive at a spill (potentially hazardous waste or unknown material spill) and will need to notify First Responders and the City in parallel to immediately resolve an unsafe/hazardous situations.

Verdantas staff will consult with City staff regarding how to proceed with responses and ensure compliance with the City’s SDRP. Verdantas staff will take the necessary safety precautions, including using Personal Protective Equipment (PPE) and assuring necessary field equipment are on hand during a spill response (i.e., camera, field forms or GIS data, and samples may be required for collection and analysis by a State Certified laboratory).

Verdantas would ensure that the responsible parties are informed that flushing spills down the storm drain is unacceptable and that the only acceptable means of cleanup is plugging the drainage system downstream of the spill, flushing the spill to a point where it can be vacuumed, and transporting the material by a licensed hauler to an appropriate disposal facility. Lastly, Verdantas understands that if rain is imminent that cleanup of the spill is required prior to the rain event and will inform the parties involved as such. The City is estimating the need to respond to up to 10 spill investigations as part of this scope of work per fiscal year. Verdantas will utilize Survey123 (matching the required inputs) to collect data for spills.

2.2.4 Post Inspection Reporting and Deliverables
Verdantas is currently providing weekly/monthly reporting for facilities associated with the C.3 and C.4 inspections and will follow this reporting schedule for any C.5 inspections that occur. Verdantas maintains an Excel spreadsheet tracker (for the current inspection year, as well as for past inspection years), including the name of the Verdantas inspector by facility, facility name, address, phone number, business type, Standard Industrial Classification (SIC) code, inspection complete date, follow up inspection status, special facility notes provided by the City and Verdantas staff notes. Special notes typically include comments for new or closed status, critical items reported by Verdantas inspector (such as previous violations or issues), whether there are shared/common areas between facilities (i.e., facilities should be inspected on the same day), or if the facility has both C.3 and C.4 measures (will inspect same day). The Excel spreadsheet tracker is color coded to identify which businesses have been inspected, are closed, are still outstanding, and which have corrective actions (i.e., require a re-inspection).

Verdantas submits the weekly electronic reports to the City by the third day of the following business week.

Verdantas calls out items of concern that require assistance from the City in the weekly email. Verdantas routinely checks in with the City when there are unique issues or when it appears that a facility has not or will not respond to corrective actions in a timely manner and whenever a business representative is not available for the inspection.

Verdantas maintains complete original electronic records/photo documentation for corrective actions and inspections. We will submit hard copies to the City regularly by day 20 of each month (i.e., August due September 20) unless electronic copies are required. Additionally, Verdantas provides an updated spreadsheet tracker each month by day 15 of each month to the City to assist with tracking of changes to the business list (new/closed business or other items/issues).

2.2.5 Project Management and Quality Assurance and Quality Control Ms. Julianne Keam is supported by our leadership (Ms. Frantz) and program operations team in our San Ramon office with the infrastructure to provide Quality Assurance/Quality Control (QA/QC), safety, accounting, and resource tools necessary to successfully deliver this project for the City on time and within budget. Notably, Verdantas employs Deltek Vantagepoint© tools to provide our project teams with a centralized system for project City of Newark
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management tasks, including timekeeping, cross-project resource management, and real-time budget tracking and project reporting. Our financial management system directly connects with Vantagepoint© to provide PMs with a streamlined suite of tools to support more efficient and accurate reporting, budgeting, time/expense tracking, and resource management for our projects. We anticipate that there will be approximately three 1-hour meetings with the City to discuss the kickoff of the project, discuss the database needs to ensure proper setup of the data collection applications and tools, and a final meeting approximately 60 days prior to the end of the term for performance review, contract review, scope review, and rate schedule updates if necessary.

Submitted to
City of Newark
37101 Newark Boulevard
Newark, CA 94560
Submitted by
2246 Camino Ramon
San Ramon, CA 94583
Municipal Regional
Stormwater NPDES Permit
Inspections and Spill
Response Services
Cost Proposal Section
City of Newark
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7. Cost Proposal
Verdantas’ pricing summary is provided below by task, including the requested lump sum units for tasks.

MRP Provision C.3 O&M Verification Inspections (Unit Rate) Year 1 Year 2 Year 3
Units
Unit
Rate
No. per
Year
Annual
Estimate
Unit
Rate
No. per
Year
Annual
Estimate
Unit
Rate
No. per
Year
Annual
Estimate
C.3 O&M
Inspection
(Initial)
$416 20 $8,320.00 $479 20 $9,580.00 $498 20 $9,960.00
C.3 O&M
Inspection
(1st Re-Insp)
$345 10 $3,450.00 $395 10 $3,950.00 $411 10 $4,110.00
C.3 O&M
Inspection
(2nd Re-Insp)
$345 3 $1,035.00 $395 3 $1,185.00 $411 3 $1,233.00
C.3 Inspection
Total
$12,805.0
0 Total: $14,715.00 Total: $15,303.0
0 MRP Provision C.4 Business Inspections (Unit Rate)
Year 1 Year 2 Year 3
Units
Unit
Rate
No. per
Year
Annual
Estimate
Unit
Rate
No. per
Year
Annual
Estimate
Unit
Rate
No. per
Year
Annual
Estimate
C.4 Business
Inspection
(Initial)
$524 100 $52,400.0
0 $606 100 $60,600.00 $630 100 $63,000.00
C.4 Business
Inspection
(1st Re-Insp)
$452 15 $6,780.00 $521 15 $7,815.00 $542 15 $8,130.00
C.4 Business
Inspection
(2nd Re-Insp)
$452 5 $2,260.00 $521 5 $2,605.00 $542 5 $2,710.00
C.4 Inspection
Total
$61,440.0
0 Total: $71,020.00 Total: $73,840.0
0 Spill & Discharge Response (Unit Rate)
Year 1 Year 2 Year 3
Units
Unit
Rate
No. per
Year
Annual
Estimate
Unit
Rate
No. per
Year
Annual
Estimate
Unit
Rate
No. per
Year
Annual
Estimate
City of Newark
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Illicit
Discharge -
Typical Spill
Response
$860 10 $8,600.00 $999 10 $9,990.00 $1,039 10 $10,390.0 0 Illicit Discharge
- Emergency
Weekend/
After-Hours
Spill Response
$1,400 1 $1,400.00 $1,541 1 $1,541.00 $1,603 1 $1,603.00 Spill &
Discharge
Response
Total
$10,000.0
0 Total: $11,531.00 Total: $11,993.00
Project Management & QA/QC (T&M)
Year 1 Year 2 Year 3
Project Management & QA/QC $34,403.00 $43,148.00 $44,873.92 Project Management & QA/QC Total $34,403.00 $43,148.00 $44,873.92 Total Estimated Cost Per Year
Year 1 Year 2 Year 3
Total Estimated Cost Per Year $118,648.00 $140,414.00 $146,009.92 Verdantas Assumptions/Unit Explanations
• Pricing is broken out by year for 3 years, per the RFP. • Initial C.3 inspection units include time for research, scheduling with business owners, onsite inspection, reporting, & time to collect GIS data for the City's database. Pricing is broken out by year for 3 years, per the RFP.
• Initial C.4 inspection units include time for research, scheduling with business owners, onsite inspection, & reporting. Pricing is broken out by year for 3 years, per the RFP. • Assume 100 initial C.4 inspections yearly. Assume 15 total reinspections will be needed each reporting year.
• Assume 20 initial C.3 inspections yearly. Assume 10 total reinspections will be needed each reporting year. • Assume 11 illicit discharge events yearly. Assume 1 may occur on a weekend or after-hours. Per RFP, illicit discharge units assume up to 4 hours initially and up to 1.5 hours on follow-up tasks. • Monthly Project Management support includes meetings, team coordination, weekly & monthly reporting, QA/QC of deliverables, correspondence with city, and other project-related support. • Assume up to 3 virtual meetings with the City yearly (kickoff meeting, meeting to discuss database, & meeting 60 days prior to end of contract term). Assume the Contract Manager and Project Manager will attend the meetings with the city.
• Assume all inspectors will require an annual training for the C.3/C.4 inspections.

Hourly Rate/Fee Schedule
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Year 1 Year 2 Year3
Labor
Category
Regular Weekend/
After Hours
Regular Weekend/
After Hours
Regular Weekend/
After Hours
Contract
Manager
$195.00 $292.50 $234.00 $351.00 $243.00 $364.50
Project
Manager
$187.00 $280.50 $206.00 $309.00 $214.00 $321.00
Assistant
Project
Manager
$146.00 $219.00 $175.00 $262.50 $182.00 $273.00
QSD $176.00 $264.00 $194.00 $291.00 $202.00 $303.00
QSP $135.00 $202.50 $162.00 $243.00 $168.00 $252.00
DI $115.00 $172.50 $138.00 $207.00 $144.00 $216.00
Verdantas Inc.

Pricing Summary Year 1 (2025 - Jun 2026)
MRP Provision C.3 O&M Verification Inspections (Unit Rate) Units Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
C.3 O&M Inspection (Initial) $ 20.00 416.00 $8,320.00
C.3 O&M Inspection (1st Re-Insp) $ 10.00 345.00 $3,450.00 C.3 O&M Inspection (2nd Re-Insp) $ 3.00 345.00 $1,035.00 $12,805.00
MRP Provision C.4 Business Inspections (Unit Rate)
Units Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
C.4 Business Inspection (Initial) $ 100.00 524.00 $52,400.00 C.4 Business Inspection (1st Re-Insp) $ 15.00 452.00 $6,780.00 C.4 Business Inspection (2nd Re-Insp) $ 5.00 452.00 $2,260.00 $61,440.00
Spill & Discharge Response (Unit Rate)
Task Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
Illicit Discharge - Typical Spill Response $ 10.00 860.00 $8,600.00 Illicit Discharge - Emergency Weekend/After-Hours Spill Response $ 1.00 1,400.00 $1,400.00 $10,000.00
Project Management & QAQC (T&M)
Total Estimate
per Year
$34,403.00
$34,403.00
$118,648.00
T&M Rates
Labor Category Regular
Weekend/
After Hours
Contract Manager $195.00 $292.50
Project Manager $187.00 $280.50
Assistant Project Manager $146.00 $219.00
QSD $176.00 $264.00
QSP $135.00 $202.50
DI $115.00 $172.50
Assumptions
1 Pricing is broken out by year for 3 years, per the RFP. 2 3
4 5
6 7
8 9 Assume all inspectors will require an annual training for the C.3/C.4 inspections Assume 100 initial C.4 inspections yearly. Assume 15 total reinspections will be needed each reporting year.

Assume 20 initial C.3 inspections yearly. Assume 10 total reinspections will be needed each reporting year.

Assume 11 illicit discharge events yearly. Assume 1 may occur on a weekend or after-hours. Per RFP, illicit discharge units assumes up to 4 hours initially and up to 1.5 hours on follow-up tasks.

Monthly Project Management support includes meetings, team coordination, weekly & monthly reporting, QA/QC of deliverables, correspondence with cityt, and other project-related support.

Total Estimated Cost Per Year
Initial C.3 inspection units include time for research, scheduling with business owners, onsite inspection, reporting, & time to collect GIS data for the City's database.

Initial C.4 inspection units include time for research, scheduling with business owners, onsite inspection, & reporting.

C.4 Inspection Total
Assume up to 3 virtual meetings with the City yearly (kickoff meeting, meeting to discuss database, & meeting 60 days prior to end of contract term). Assume the Contract Manager and Project Manager will attend the meetings with the city.

C.3 Inspection Total
Spill & Discharge Response Total
Task
Project Management & QAQC
Project Management & QAQC Total
Verdantas Inc.

Pricing Summary Year 2 (Jul 2026 - Jun 2027)
MRP Provision C.3 O&M Verification Inspections (Unit Rate) Units Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
C.3 O&M Inspection (Initial) $ 20.00 479.00 $9,580.00
C.3 O&M Inspection (1st Re-Insp) $ 10.00 395.00 $3,950.00 C.3 O&M Inspection (2nd Re-Insp) $ 3.00 395.00 $1,185.00 $14,715.00
MRP Provision C.4 Business Inspections (Unit Rate)
Units Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
C.4 Business Inspection (Initial) $ 100.00 606.00 $60,600.00 C.4 Business Inspection (1st Re-Insp) $ 15.00 521.00 $7,815.00 C.4 Business Inspection (2nd Re-Insp) $ 5.00 521.00 $2,605.00 $71,020.00
Spill & Discharge Response (Unit Rate)
Task Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
Illicit Discharge - Typical Spill Response $ 10.00 999.00 $9,990.00 Illicit Discharge - Emergency Weekend/After-Hours Spill Response $ 1.00 1,541.00 $1,541.00 $11,531.00
Project Management & QAQC (T&M)
Total Estimate
per Year
$43,148.00
$43,148.00
$140,414.00
T&M Rates
Labor Category Regular
Weekend/
After Hours
Contract Manager $234.00 $351.00
Project Manager $206.00 $309.00
Assistant Project Manager $175.00 $262.50
QSD $194.00 $291.00
QSP $162.00 $243.00
DI $138.00 $207.00
Assumptions
1 Pricing is broken out by year for 3 years, per the RFP. 2 3
4 5
6 7
8 9
Monthly Project Management support includes meetings, team coordination, weekly & monthly reporting, QA/QC of deliverables, correspondence with cityt, and other Assume up to 3 virtual meetings with the City yearly (kickoff meeting, meeting to discuss database, & meeting 60 days prior to end of contract term). Assume the Contract Manager and Project Manager will attend the meetings with the city.

Assume all inspectors will require an annual training for the C.3/C.4 inspections Total Estimated Cost Per Year
Initial C.3 inspection units include time for research, scheduling with business owners, onsite inspection, reporting, & time to collect GIS data for the City's database.

Initial C.4 inspection units include time for research, scheduling with business owners, onsite inspection, & reporting.

Assume 100 initial C.4 inspections yearly. Assume 15 total reinspections will be needed each reporting year.

Assume 20 initial C.3 inspections yearly. Assume 10 total reinspections will be needed each reporting year.

Assume 11 illicit discharge events yearly. Assume 1 may occur on a weekend or after-hours. Per RFP, illicit discharge units assumes up to 4 hours initially and up to 1.5 hours on follow-up tasks.

Project Management & QAQC Total
C.3 Inspection Total
C.4 Inspection Total
Spill & Discharge Response Total
Task
Project Management & QAQC
Verdantas Inc.

Pricing Summary Year 3 (Jul 2027 - Jun 2028)
MRP Provision C.3 O&M Verification Inspections (Unit Rate) Units Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
C.3 O&M Inspection (Initial) $ 20.00 498.00 $9,960.00
C.3 O&M Inspection (1st Re-Insp) $ 10.00 411.00 $4,110.00 C.3 O&M Inspection (2nd Re-Insp) $ 3.00 411.00 $1,233.00 $15,303.00
MRP Provision C.4 Business Inspections (Unit Rate)
Units Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
C.4 Business Inspection (Initial) $ 100.00 630.00 $63,000.00 C.4 Business Inspection (1st Re-Insp) $ 15.00 542.00 $8,130.00 C.4 Business Inspection (2nd Re-Insp) $ 5.00 542.00 $2,710.00 $73,840.00
Spill & Discharge Response (Unit Rate)
Task Unit Rate
Number of
Locations
per Year
Total Estimate
per Year
Illicit Discharge - Typical Spill Response $ 10.00 1,039.00 $10,390.00 Illicit Discharge - Emergency Weekend/After-Hours Spill Response $ 1.00 1,603.00 $1,603.00 $11,993.00
Project Management & QAQC (T&M)
Total Estimate
per Year
$44,873.92
$44,873.92
$146,009.92
T&M Rates
Labor Category Regular
Weekend/
After Hours
Contract Manager $243.00 $364.50
Project Manager $214.00 $321.00
Assistant Project Manager $182.00 $273.00
QSD $202.00 $303.00
QSP $168.00 $252.00
DI $144.00 $216.00
Assumptions
1 Pricing is broken out by year for 3 years, per the RFP. 2 3
4 5
6 7
8 9
Assume up to 3 virtual meetings with the City yearly (kickoff meeting, meeting to discuss database, & meeting 60 days prior to end of contract term). Assume the Contract Assume all inspectors will require an annual training for the C.3/C.4 inspections Total Estimated Cost Per Year
Initial C.4 inspection units include time for research, scheduling with business owners, onsite inspection, & reporting.

Assume 100 initial C.4 inspections yearly. Assume 15 total reinspections will be needed each reporting year.

Assume 20 initial C.3 inspections yearly. Assume 10 total reinspections will be needed each reporting year.

Assume 11 illicit discharge events yearly. Assume 1 may occur on a weekend or after-hours. Per RFP, illicit discharge units assumes up to 4 hours initially and up to 1.5 hours Monthly Project Management support includes meetings, team coordination, weekly & monthly reporting, QA/QC of deliverables, correspondence with cityt, and other project-related support.

Initial C.3 inspection units include time for research, scheduling with business owners, onsite inspection, reporting, & time to collect GIS data for the City's database.

Project Management & QAQC Total
C.3 Inspection Total
C.4 Inspection Total
Spill & Discharge Response Total
Task
Project Management & QAQC
Item D. 8.

DATE 04/23/2026
TO Honorable Mayor and City Council Members
FROM Miki Tsubota, City Engineer
SUBJECT Adopt a resolution awarding a contract to Plummerbuilt, Inc. for construction of the Service Center Fueling Facility (CIP 1310), consolidating related CIP Projects 1330, 1334, and 1335, and amend the FY 2024-2026 budget.

SUMMARY AND RECOMMENDATION
Staff recommends that the City Council, by resolution:

Authorize the City Manager to execute a Contractual Services Agreement, in a form approved by the City Attorney, with Plummerbuilt, Inc. for a not-to-exceed amount of $1,156,495 with a construction contingency of $115,650 (10%) for construction of the Service Center Fueling Facility (CIP 1310);

1. Authorize the consolidation of CIP Projects 1330 (Fuel Pump Island Drainage System), 1334 (Fuel Management System Replacement), and 1335 (Service Center Fuel Canopy) into CIP 1310, as all project components are included in the construction contract;

2. Authorize the reallocation of all remaining available balances from CIP Projects 1330, 1334, and 1335 to CIP 1310; and

3. Amend the FY 2024–2026 Biennial Budget and Capital Improvement Plan to appropriate $323,846 to CIP 1310, inclusive of contingency, with $122,000 reallocated from available balances in CIP Projects 1330 and 1334.

4. BACKGROUND
This contract constitutes Phase Two of CIP 1310 (Service Center Fuel Island Replacement). The State of California required removal and proper disposal of all single-walled underground storage tanks (USTs) by December 31, 2025. The City operated two such USTs at the Service Center fueling facility located at 37440 Filbert Street. Phase One of CIP 1310 completed the removal and disposal of the USTs in compliance with State and local requirements. Phase Two provides construction of the replacement fueling facility.

This contract also includes work originally programmed under CIP 1330 (Fuel Pump Island Drainage System), CIP 1334 (Fuel Management System Replacement), and CIP 1335 (Service Center Fuel Canopy). While initially established as separate projects, 1335 (Service Center Fuel Canopy). While initially established as separate projects, these components are integral to the fueling facility and are being delivered as a single, integrated project under CIP 1310.

DISCUSSION/ANALYSIS
The newly designed fueling facility will be located in the rear yard of the Service Center behind secure fencing and an automatic gate that currently provides access to the area of the Service Center where the new facility will be located. The existing gate is accessible to police, fire, public works, and other city owned vehicles. The new fueling facility has been designed in conjunction with Alameda County Fire Department (ACFD) to ensure that the new facility conforms to all fire related code requirements.

Newark’s Building Division will issue a building permit for this construction to ensure that the facility meets and complies with all applicable building code requirements.

Additionally, Alameda County’s Environmental Health Department will coordinate necessary oversight and inspection by other jurisdictional agencies outside of the city, County, and Fire Department.

The proposed new fueling facility is planned to consist of the following:

Asphalt access loop road and concrete vehicle pad.

One 4,000-gallon above-ground unleaded gasoline storage tank.

One 2,000-gallon above-ground diesel fuel storage tank.

Integrated fuel dispensing systems for each tank, suitable for vehicle, equipment, and fire apparatus fueling.

One shared electronic, cloud based, fuel management/tracking system to monitor, log, and report all fuel dispensed from both tanks.

One new fire hydrant installed on an existing fire line in the service center.

One overhead canopy that covers the fuel storage tank area.

Electrical, site lighting, equipment commissioning, training, and one-year facility warranty as required by the contract documents.

The analysis of current and projected fuel consumption shows that use of smaller storage tanks is not only warranted, but desired from a long-term fuel quality basis.

The previous 12,000-gallon unleaded fuel tank and the previous 5,000-gallon diesel fuel tank were too large and did not provide for adequate “fuel-turning.” Having fuel sit dormant in the tanks causes it to diminish in operational quality and can cause fuel to become unusable. The currently designed 4,000-gallon and 2,000-gallon tanks will keep the fuel turning over faster.

Plans, Specifications, and the Opinion of probable construction cost were prepared and issued for bid in early December 2025 with newspaper advertisement dates of December 9 and 16, 2025. Bids were accepted up until 11:00am on Tuesday January 6th, 2026, at which time bids were opened and read. Newark received one (1) bid for this project from Plummerbuilt, Inc. in the amount of $1,156,495. Upon review of the bid received, staff determined that Plummerbuilt, Inc. is the lowest responsive/responsible bidder with appropriate licensing and experience and recommends award to Plummerbuilt, Inc.

FISCAL IMPACT
The total project cost, including the construction contract of $1,156,495 and a 10% contingency of $115,650, is $1,272,145.

Current project budgets are summarized as follows:

CIP 1310 – Service Center Fuel Island Replacement: $1,000,000 CIP 1330 – Service Center Fuel Pump Island Drainage System: $80,000 CIP 1334 – Fuel Management System Replacement: $75,000
CIP 1335 – Service Center Fuel Canopy: $140,000
These budgets total $1,295,000; however, after accounting for prior expenditures and encumbrances of $346,701 within CIP 1310, the remaining available budget across all projects is $948,299.

The project is being delivered as a single, integrated capital project under CIP 1310.

While previously budgeted across multiple CIP projects, all project components—including drainage, fuel management system, and canopy—are included within the construction contract and will be consolidated into CIP 1310 for financial tracking and reporting.

An additional appropriation of $323,846 is required to fully fund the project, inclusive of construction contingency. Of this amount, $122,000 will be reallocated from available balances in CIP Projects 1330 and 1334, with the remaining $201,846 requiring new appropriation.

Following Council action:

CIP 1310 will serve as the single project budget for all project costs; CIP Projects 1330, 1334, and 1335 will be closed or inactivated; and All project expenditures will be recorded under CIP 1310 to ensure alignment between project scope, contract execution, and financial reporting.

This consolidation aligns the project budget with the contract scope, improves transparency, and strengthens financial management and auditability.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Modernize Public Facilities and Infrastructure

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK, CALIFORNIA AWARDING A PUBLIC WORKS
CONSTRUCTION CONTRACT TO PLUMMERBUILT, INC.

FOR THE SERVICE CENTER FUELING FACILITY PROJECT
(CIP 1310) AND CONSOLIDATING RELATED CIP PROJECTS
1330, 1334, AND 1335) AND AMENDING THE FY 2024-2026

BUDGET TO APPROPRIATE FUNDS FROM THE CAPITAL

PROJECTS FUND TO FULLY FUND THE PROJECT
WHEREAS, the City of Newark (City) solicited bids for the Service Center Fueling Facility Project to construct a new fueling facility at the City’s Service Center; and WHEREAS, CIP Projects 1330 (Fuel Pump Island Drainage System), 1334 (Fuel Management System Replacement), and 1335 (Service Center Fuel Canopy) are integral components of the Project and are being delivered as a single, integrated project under CIP 1310; and WHEREAS, on January 6, 2026, the City received one bid from Plummerbuilt, Inc. in the amount of one million one hundred fifty-six thousand four hundred ninety-five dollars ($1,156,495), and staff determined the bid to be responsive and responsible; and WHEREAS, the total project cost, including a ten percent contingency of one hundred fifteen thousand six hundred fifty dollars ($115,650), is one million two hundred seventy-two thousand one hundred forty-five dollars ($1,272,145); and
WHEREAS, the total available budget across CIP 1310 and related projects is nine hundred forty -eight thousand two hundred ninety-nine dollars ($948,299), and additional funding of three hundred twenty-three thousand eight hundred forty-six dollars ($323,846) is required to fully fund the Project, inclusive of contingency; and
WHEREAS, the City Council desires to award the contract, consolidate CIP Projects 1330, 1334, and 1335 into CIP 1310, reallocate available balances, and amend the FY 2024-2026 budget to appropriate additional funds to fully fund the Project.

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

1. The City Council awards the public works construction contract for the Service Center Fueling Facility Project (CIP 1310), including work previously identified under CIP Projects 1330, 1334, and 1335, to Plummerbuilt, Inc., and authorizes the City Manager to execute the agreement, in a form approved by the City Attorney, in an amount not to exceed $1,156,495 and approves a ten percent contingency of one hundred fifteen thousand six hundred fifty dollars ($115,650).

2. CIP Projects 1330, 1334, and 1335 are consolidated into CIP 1310. Remaining balances from these projects are reallocated to CIP 1310, and the projects are closed or inactivated for financial reporting purposes.

3. The City Council amends the FY 2024-2026 budget to appropriate $323,846 to CIP 1310 to fully fund the Project, inclusive of contingency. Of this amount, $122,000 is reallocated from CIP Projects 1330 and 1334, and $201,846 is funded from the Capital Projects Fund.

4. The City Manager, is authorized to take all actions necessary to effectuate the intent of this Resolution.

Page 57 ends

AGREEMENT (PUBLIC WORKS CONTRACT)
THIS AGREEMENT, made and entered into this 26th day, of February 2026, by and between the CITY OF NEWARK, a municipal corporation and the General Law Class, State of California, hereinafter called the “CITY” and Plummerbuilt, Inc. a corporation, hereinafter called “CONTRACTOR”:

WITNESSETH:

That the City and Contractor for consideration, hereinafter named, agree as follows:

1. That complete Contract includes all of the Contract Documents as if set forth in full herein, to wit: the Notice to Contractors; the Proposal to the City of Newark; the Accepted Bid (Unit Price Schedule); the Bidder’s Statement of Subcontractors’; the Performance Bond; the Payment Bond; the Plans and Specifications; this Agreement; and all Addenda setting forth any modifications or interpretations of any of said Documents.

2. The Contractor will furnish all materials except as otherwise provided in the Specifications and on the Plans and will perform all the work necessary to construct and complete in a good workmanlike and substantial manner, and to the satisfaction of the Engineer, public improvements in accordance with that certain document headed:

SERVICE CENTER FUELING FACILITY PROJECTS 1310, 1330, 1334, and 1335 and the Standard Specifications and Plans of the Department of Transportation, State of California, dated May 2006.

All of the above work is on City property, and under the direction of the Engineer or other officials designated by the City to supervise said work, all as provided in and subject to the Contract Documents.

1. The Contractor shall comply with all applicable local, state, and federal regulations.

2. The Contractor shall maintain a valid Class A, Class C-12 or Class C-32 California Contractor License throughout the performance of work under this contract.

3. The Contractor shall submit a receipt copy or other evidence showing payment of the current City of Newark Business License fee.

4. The Contractor shall provide a Certificate of Insurance to show proof of Comprehensive General Liability Insurance of (minimum) $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and bodily damage; and Workers Compensation and Employers Liability Insurance as required by the Labor Code of the State of California.

Docusign Envelope ID: 1F57CF97-4B16-4068-81F6-B35FEEF46095

Page 58 ends

5. As of July 1, 2014, all contractors bidding on this project are required to register with the Department of Industrial Relations (DIR) and to pay the required annual fee. Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public works projects on or after March 1, 2015. The Contractor will be required to submit certified payrolls during this project. This project is subject to compliance enforcement and monitoring by the State of California DIR.

6. The City will pay the Contractor in current funds for the performance of the Contract based on the accepted unit prices and the actual measured quantities of work done at such time as are stated in the Specifications and will otherwise fulfill its obligations thereunder.

7. All time limits stated in the Contract Documents are of the essence of this Agreement.

8. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith.

9. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen’s compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

12. If any action shall be brought by the City for the enforcement of any of the conditions, covenants or agreements herein the prevailing party shall recover reasonable attorney fees.

13. The Contractor hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, injury, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Contractor, its officers, employees or agents in the performance of any service or work pursuant to this Contract.

The duty of Contractor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require Contractor to indemnify City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

Docusign Envelope ID: 1F57CF97-4B16-4068-81F6-B35FEEF46095

Page 59 ends

It shall be required under this Agreement that any available insurance proceeds broader than or more than the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.

Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this paragraph, including but not limited to the duty to indemnify the City set forth herein. By execution of this Contract Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

CITY OF NEWARK FOR THE CONTRACTOR:
a Municipal Corporation Plummerbuilt, Inc.

PO Box 474
Herald, CA 95638
By: By:

City Manager Gena Plummer, President
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Docusign Envelope ID: 1F57CF97-4B16-4068-81F6-B35FEEF46095 2/2/2026
2/2/2026
2/2/2026
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Envelope Id: 1F57CF97-4B16-4068-81F6-B35FEEF46095 Status: Completed Subject: Complete with Docusign: Contract for Signature.Plummerbuilt.2026-01-27.pdf Source Envelope:

Document Pages: 25 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Nirav Patel
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
37101 Newark Boulevard
Newark, CA 94560
[email protected]
IP Address: 50.145.38.134
Record Tracking
Status: Original
1/26/2026 5:09:11 PM
Holder: Nirav Patel
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Gena Plummer
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 173.243.79.166
Sent: 1/26/2026 5:19:21 PM
Viewed: 1/27/2026 12:00:18 PM
Signed: 2/2/2026 11:10:22 AM
Electronic Record and Signature Disclosure:

Accepted: 1/27/2026 12:00:18 PM
ID: 55f6d310-cc2d-45e2-935c-9998474f748b
Kristopher Kokotaylo
[email protected]
City Attorney
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Sent: 2/2/2026 11:10:24 AM
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Signed: 2/2/2026 12:42:55 PM
Electronic Record and Signature Disclosure:

Accepted: 2/2/2026 12:38:55 PM
ID: b21a0afe-cb8a-49d0-9b5d-7ebde246d9cc
David Benoun
[email protected]
City Manager
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2601:646:a202:7e20:cd36:a38a:e52c:e89e
Sent: 2/2/2026 12:42:57 PM
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ID: 761c027e-b616-4504-9b10-f85add798123
Neetu Salwan
[email protected]
City Clerk
City of Newark
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Using IP Address: 67.180.253.92
Sent: 2/2/2026 7:06:32 PM
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Signed: 2/2/2026 8:31:29 PM
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Scott D. Alman
[email protected]
Principal Engineer
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Sent: 2/2/2026 8:31:30 PM
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Electronic Record and Signature Disclosure:

Accepted: 5/5/2025 8:15:42 AM
ID: 312b4c76-a5db-44c1-8c56-3211741aba89
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Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Newark (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

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01/29/2026
James G. Parker Insurance
License #0554959
P O Box 3947
Fresno CA 93650
Nataly Hague CISR
(559) 222-7722 (559) 222-1724
[email protected]
Plummerbuilt Inc
PO Box 474
Herald CA 95638
Tokio Marine Specialty 23850
Nationwide General Ins Co 23760
Benchmark Insurance Company 41394
25-26 POLL GL EX WC BA
A Y Y PPK2621504004 11/01/2025 11/01/2026
1,000,000
100,000

EXCLUDED
1,000,000
2,000,000
2,000,000
Per Project Agg Cap 5,000,000
B Y Y ACP3100248410 11/01/2025 11/01/2026
1,000,000
A PUB912492002 11/01/2025 11/01/2026
1,000,000
1,000,000
C Y Y 99 WC-0000343101 11/01/2025 11/01/2026
1,000,000
1,000,000
1,000,000
A
Contractors Pollution
PPK2676683001 04/11/2025 04/11/2026 Each Occurrence $2,000,000 RE: Projects 1310, 1330, 1334, and 1335. The City of Newark, its officers, employees, and volunteers are included as additional insured in respects to Additional Insured with waiver of subrogation on primary non-contributory basis in respects to General Liability per form CG2010 0413, CG2037 0413, CG2404 1219, PICGLN020 1013 and Additional insured with waiver of subrogation in respects to Auto per form NCA7006 0118 attached. Waiver of subrogation applies in respects to Workers Compensation per form WC040306 0484 attached. Per Project General Aggregate applies in respects to General Liability per form PICGLN028 0814 attached.

City of Newark
37101 Newark Boulevard
Newark CA 94560

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
INSURED COPY CA 06094

INSURED COPY CA 06094

INSURED COPY CA 06094
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84)
WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTCALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers’ compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Blanket Waiver of Subrogation as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/1/2025 Policy No. 99 WC-00003431-01 Endorsement No.

Insured Insurance Company Benchmark Insurance Company
Plummerbuilt Inc
Countersigned By
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: PPK2621504-004 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations

AS REQUIRED BY WRITTEN

CONTRACT PRIOR TO AN
"OCCURRENCE".

ALL LOCATIONS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

Page 2 of 2 ends

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: PPK2621504-004 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations

AS REQUIRED BY WRITTEN

CONTRACT PRIOR TO AN
"OCCURRENCE".

ALL LOCATIONS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
Schedule of this endorsement performed for that
additional insured and included in the "productscompleted operations hazard".

However:

1. The insurance afforded to such additional insured
only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such
additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: PPK2621504-004 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE".

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

This endorsement modifies insurance provided under the following:

PIC-GLN-020 (10/13)

Page 1 of 1 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON-CONTRIBUTORY INSURANCE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirely and replaced with the following condition:

4. Other Insurance
If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the “insured contract” is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary and non-contributing only when and to the extent as required by that contract.

However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers.

All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged.

POLICY NUMBER: PPK2621504004
PIC-GLN-028 (08/14)

Page 1 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE
LIMIT

WITH MAXIMUM POLICY AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Project(s):

All projects performed by the Named Insured.

Designated Construction Project General Aggregate Limit of Insurance: $2,000,000 Maximum Policy Aggregate Limit of Insurance: $5,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTION I – COVERAGE A, and for all medical expenses caused by accidents under SECTION I – COVERAGE C, which can be attributed only to ongoing operations at a single Designated Construction Project shown in the SCHEDULE above:

1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the SCHEDULE above.

However, regardless of the number of construction projects and under no circumstances will we pay any more than the Maximum Policy Aggregate stated in the endorsement SCHEDULE above.

2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” regardless of the number of:
a. Insureds;
b. Claims made or “suits” brought; or
c. Persons or organizations making claims or bringing “suits.”

3. Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above.

POLICY NUMBER: PPK2621504004
PIC-GLN-028 (08/14)

Page 2 of 2 ends

Includes copyrighted material of Insurance Services Office, Inc., with permission.

4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and the Maximum Policy Aggregate Limit.

B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Section I – Coverage A, and for all medical expense caused by accidents under Section I – Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above:

1. Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit.

They will however, contribute towards the Maximum Policy Aggregate.

C. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “productscompleted operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. They will however, contribute toward the Maximum Policy Aggregate.

D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.

E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.

Item E. 1.

DATE 04/23/2026
TO Honorable Mayor and City Council Members
FROM Ivan Quon, Accountant
SUBJECT Public Hearing to Consider Adoption of the Fiscal Year 2026-27 Master Fee Schedule and Related Fee Adjustments
SUMMARY AND RECOMMENDATION
The proposed amendments to the City’s Master Fee Schedule (MFS) for Fiscal Year 2026-27 reflects the City’s annual review of service-related fees to ensure alignment with the actual cost of providing services and to support full or partial cost recovery where appropriate. The updated fee schedule incorporates input from all relevant City departments and includes adjustments to selected existing fees, CPI-based increases where applicable, and the introduction of a new fee. If adopted, the amended MFS will take effect on July 1, 2026.

Staff recommends that the City Council adopt, by resolution, the proposed amendments to the City’s Master Fee Schedule (MFS) for Fiscal Year 2026-27.

BACKGROUND
The City of Newark conducts an annual review of its MFS to ensure fees are aligned with the actual cost of delivering services. Regular updates allow the City to more accurately recover costs and reduce reliance on the General Fund for programs that offer limited community-wide benefit, thereby supporting long-term financial sustainability. This review process is collaborative across departments and includes a comprehensive analysis of both direct and indirect costs.

In accordance with the Cost Recovery Policy adopted with the FY 2024–25 MFS, the City seeks to balance financial responsibility with equitable access, ensuring that service costs are fairly shared between general taxpayers and individual fee-payers.

This approach promotes fairness and strengthens the City’s overall fiscal health.

DISCUSSION/ANALYSIS
The proposed Fiscal Year 2026–27 MFS reflects updated fees based on cost recovery principles, departmental input, and, where applicable, a 3% increase based on the 2025–2026 Consumer Price Index for the San Francisco–Oakland–Hayward region.

A summary of the proposed changes is provided in Exhibit A and includes the following:

Development Services
Reduced Minor Use Permit fees for Commercial/Industrial and Temporary Uses to lower barriers to compliance
Updated Code Enforcement fees to reflect actual staff time Added a legal review fee to recover costs when reimbursement agreements are not in place
Recreation and Community Services
Adjusted fees for fields without lighting based on regional benchmarking to align with market rates
Minor adjustments to rental package fees to maintain competitiveness Updated fee descriptions for clarity and consistency
Fire Services
Removed administrative citation and nuisance abatement-related fees under penalties
Updated and corrected Newark Municipal Code references
Administrative Services
Removed obsolete fees, including the compact disc reproduction fee Construction Enterprise (Housing)
Updated Housing-related descriptions for clarity
Recreation fees in this update reflect targeted adjustments. A comprehensive cost-of-service and market analysis is underway; as a result, not all recreation fees are being updated at this time. Staff will return to Council with a comprehensive Recreation fee update and recommended adjustments consistent with the City’s Cost Recovery Policy.

While most fee adjustments are intended to improve cost recovery, selected reductions, particularly in Development Services and Recreation, are policy-driven to support compliance, maintain competitiveness, and promote community access.

Overall, these updates enhance transparency, support fiscal sustainability, and align with the City’s adopted Cost Recovery Policy.

FISCAL IMPACT
Revenue from the updated fees will be allocated to the appropriate budgeted accounts and is expected to improve cost recovery and reduce General Fund subsidy in key service areas.

Certain fee reductions, including those related to Recreation and Minor Use Permits, will partially offset these gains and reflect policy decisions to support community access and economic competitiveness.

Overall, the net fiscal impact is incorporated into the FY 2026–27 budget and supports long-term financial sustainability. The approved changes will take effect on July 1, 2026.

STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery

REVIEW AND APPROVAL
Prepared by - Ivan Quon, Accountant
Reviewed by - Gloria del Rosario, Deputy Finance Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Master Fee Schedule - Resolution
Master Fee Schedule - Exhibit A
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE MASTER FEE SCHEDULE FOR
FISCAL YEAR 2026-27
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, the City Council desires to amend the Master Fee Schedule to reflect updated costs of service delivery, account for inflationary changes, and implement minor updates such as clarified fee descriptions; and
WHEREAS, a public hearing has been noticed and held in accordance with Government Code Sections 6062a, 66016, 66017 and 66018; and
WHEREAS, a public hearing was duly noticed and held in accordance with the requirements of California Government Code Sections 6062a, 66016, 66017, and 66018; and WHEREAS, the City Council has previously adopted updates to the Master Fee Schedule by resolution, most recently on June 12, 2025, through Resolution No. 11,751; and WHEREAS, the proposed amendments are consistent with the City’s adopted Cost Recovery Policy and are based on departmental input, a cost-of-service analysis, and policy guidelines to ensure fees reflect actual service delivery costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend those portions of the City of Newark Master Fee Schedule as set forth in Exhibit “A,” attached hereto and incorporated herein by this reference and made part hereof as though set forth at length for Fiscal Year 2026-27.

BE IT FURTHER RESOLVED that the amended fees shall become effective on July 1, 2026.

City of Newark
Master Fee Schedule – Effective July 1, 2026

EXHIBIT A

SUMMARY OF PROPOSED CHANGES
GENERAL FUND – ADMINISTRATIVE SERVICES
• Removed Compact Disc Reproduction fee
GENERAL FUND – FIRE SERVICES
• Removed reference to Newark Municipal Code under False Alarm Activation • Removed Administrative Nuisance Abatement, Administrative Citations and Preparation and issuance of Administrative Citations and Notices to Abate Nuisance Condition, and other related costs under Penalties • Updated reference to Newark Municipal Code for Annual Fireworks Sale GENERAL FUND – DEVELOPMENT SERVICES
• Minor Use Permit. Reduced fees for Commercial/industrial and Temporary uses by 50% to lower the barrier for compliance by making the permit fee more affordable.
• Nuisance Abatement. Updated Code Enforcement fees to reflect actual staff time by applying our standard hourly rate.
• Added a new fee for legal review was added to improve administrative efficiency and ensure the City can recover costs associated with legal support when a reimbursement agreement is not applicable or has not been established

RECREATION AND COMMUNITY SERVICES
• A review of surrounding agencies indicated that the City’s fields without lighting fees were higher than the local average for comparable rental fields. The fee has been adjusted downward to better align with current market trends. • A review of rental package fees indicates a minor per-room price adjustment is warranted to remain competitive
• Updated descriptions

CONSTRUCTION ENTERPRISE
• Updated Housing descriptions
1 Account
No.

Fee
(in dollars)
I. GENERAL FUND - ADMINISTRATIVE SERVICES
A. PERMITS

3. 375 386/day plus
actual cost

4. Film Permit 200 206 plus
reimbursement
agreement for actual
city costs to process
B. DOCUMENT CERTIFICATION
4104 1. Document Certification 35 36
C. REPRODUCTION WORK
a. General Documents, letter or legal size (black &
white)
.20 .21/page
b. General Documents, letter or legal size (color) .50 .52/page c. General Documents, 11x17" (black & white) .50 .52/page d. General Documents, 11x17" (color) .60 .62/page
I. ANNUAL REPORT REPRODUCTIONS

1. Biennial Budget and Capital Improvement Plan 25 26

4. 20 21

5. 10/CD Remove
J. BUSINESS LICENSE

1. Business License Registration
a. New Business License In-City Business - 125
129 per application;
Out-of-City Business -
32 33 per application
b. Annual Registration Renewal 32 33 annually for
each business that
requires a business
license
4104 4. a. Changes to Business License 32* 33
Description
110.00.000.000
Circus/Carnivals Permits/Festival Like Event
Deposit (required)
Various 4104
110.00.000.000 4199
Compact Disc (CD) for any combination of reports 1-4
above
110.00.000.000 4104
Annual Comprehensive Financial Report
110.00.000.000
110.00.000.000 4050.130
(a) Subsidized rate
(b) Partial cost recovery
2 Account No.

Fee
(in dollars)
I. GENERAL FUND - POLICE
M. POLICE RECORD INFORMATION
4104 1. Accident or police reports* First 10 pages - no charge
Each page after 10
pages - $0.20 0.21 per
copy

2. First 10 pages - no
charge
Each page after 10
pages - $0.20 0.21 per
copy
*
O. PROCESSING

4. 20 21/Per device

5. 15 25
*
P. LETTERS
4104 1. Clearance 95 98

2. Alcoholic Beverage Control Clearance 540 556
W.
4103 1. Dog Licenses (see 9a)
a. Unspayed/unneutered, 1 year 29 30
b. Unspayed/unneutered, 2 year 39 40
c. Unspayed/unneutered, 3 year 46 47
d. Spayed/neutered, 1 year 14 14
e. Spayed/neutered, 2 year 20 21
f. Spayed/neutered, 3 year 23 24
4124 2. Exotic Animal and Animal Fancier’s Permit
a. Exotic Animal, initial permit 150 155 (b)
b. Exotic Animal, annual renewal 100 103 (b)
c. Exotic Animal, delinquency penalty 100 103 (b)
d. 40 41
e. Animal Fancier, initial permit 150 155
f. Animal Fancier, annual renewal 100 103
g. Animal Fancier, delinquency penalty 100 103
h. 30 31
i. 20 21

ANIMAL CONTROL SERVICES
110.30.030.302
Animal Fancier, initial or renewal, for residents age 60 and above 110.00.000.000
Copies of accident and police reports are available only to persons authorized by law Available only to persons authorized by law
4125
Citation Sign Off (issued by other agencies and a non-resident or does not work in Newark)
110.30.031.310 Accident photo(s) Electronic File Copy * Description
110.30.033.330 4104
Exotic Animal, initial or renewal, for residents age 60 and above 110.30.033.330
Computer-generated statistical reports
110.30.033.330
Temporary Animal Fancier’s permit (6 mo. max)
(a) Subsidized rate
(b) Partial cost recovery
3 Account No.

Fee
(in dollars) Description
W.
4124 3. 210 216 or Actual
costs plus outside
costs, as determined
by staff
a. 50 52 (b)
b. 50 52 minimum
(See 9b and 9e)
c. Nonspecified animals 50 52 minimum
(See 9b and 9e)
d. Additional impoundments – same animal
(1) 100 103(b)
(2) 200 206(b)

6. Special services
(1) 43 44(See 9e)
(2) 35 36(See 9e)
(3) 21 22(See 9e)
e. Dead animals, owned, picked up (see 9e):
(1) 120 124(b)
(2) 135 139(b)
(3) 100 103(b)
(4) 120 124(b)
(5) 60 62(b) minimum (See
9b and 9e)
(6) 25 26(b)
g. Home quarantine inspection
(1) Unlicensed dog 315 324
(2) Licensed dog 285 294
(3) Other 120 124

8. Penalties – applies to infraction of the Animal Control Ordinance a. First violation 100 103
b. Second violation for same offense within one year 200 206 c. Third and subsequent violations for same offense within one year 500 515

9. Explanation of References
b.
e.

Currently licensed with City, owner is a resident age 60 and above, transported during normal business hours
Currently licensed with City, during normal business hours Dog not currently licensed with City: 80 lbs. and above Dog currently licensed with City: less than 80 lbs.

Reinspection of premises to ensure correction of previously noted deficiencies. (Does not apply where deficiencies have been corrected.) Not currently licensed with City, during normal business hours Dog not currently licensed with City: less than 80 lbs.

Dog currently licensed with City: 80 lbs. and above
Third and subsequent impoundments
within 6 months, each occurrence
ANIMAL CONTROL SERVICES , Continued
110.30.030.302
Livestock redeemed from shelter or Newark Animal Control Fee shall defray costs of providing service. Fee will be computed as cost of labor plus overhead and/or materials used in providing the service.

Fees to be set by same standards set forth in 9b above, based on costs of care and feeding of animals.

Any other animal not listed above
Residents age 60 and above for (1)-(5)
Dog redeemed from shelter or Newark Animal Control (off-truck redemption)
Second impoundment within 6 months
(a) Subsidized rate
(b) Partial cost recovery
4 Account
No.

AA.
4132 1.
a.
(1) New or modified systems
b.
(1) Less than 5,000 square feet
(2) 5,001 to 50,000 square feet
(3) Greater than 50,000 square feet
c.
(1) NFPA 13R
(2) NFPA 13D
d.
(1) Less than 20 heads with no branch line
changes
(2) 20 heads or more; or when branch line
changes are made
e.
f.

2. a.

3. a.
b.

4. a.

Fee
(in dollars) Description
959 988
110.40.040.400

SINGLE TRANSACTION PERMITS

GENERAL FUND - FIRE
Sprinkler system: New Residential System
Sprinkler system: New Commercial System
Underground private service mains
1151 1186
671 691
1151 1186
863 889
Fire Protection Systems
671 691
Sprinkler system: Tenant Improvements
479 493
Fire protection system repairs
767 790
767 790
767 790 for first
tank; 575 592 per
additional tank
192 198/hour (one
hour minimum)
Fire Pumps
1342 1382
Construction/Installation
Closure/Removal
1534 1580
Fire Alarm Systems
575 592< 50 devices;
863 889 - 50 or >
devices
Tanks and Tank Systems
Hazardous Materials Facilities or Piping Systems (including building rooms and containment areas)
New/modifications
Installation, Replacement, Removal, or Closure
5 Account
No.

Fee
(in dollars) Description
AA.
4130 5.
*

8. a.
b.

9. a.
b.
c.
4152 g.
4152 h.

BB.
4132 1.

CC.

1. *

FALSE ALARM ACTIVATION
SINGLE TRANSACTION PERMITS, Continued
Building Construction Plan Review (includes plan
review and inspections)
Miscellaneous
192 198/hour (one
hour minimum)
Reinspection or Re-Test 192 198/hour (one
hour minimum)
192 198/hour Fee
based on previous
year's actual cost
Per Newark Municipal Code 15.32.190 15.17.020 J
110.40.040.400 Annual Fireworks Sales
Nonbusiness hours inspections times
Other Fire Prevention Services
192 198/hour; (one
hour minimum)
110.40.040.400
110.40.040.400
Extra Plan Check
Single engine
response 185;
Full response 635*
4131
120.60.062.620
120.60.062.620
Each excessive false alarm, per Newark Municipal
Code Section 15.32.040
Permit
New Single Family House and Tenant
Improvements
671 691
Multi-Family, Commercial, or Industrial
construction, and other activities
192 198
Extra Inspection 192 198
1342 1382
110.40.040.400 4132

FIRE CODE OPERATIONAL PERMITS
192 198/hour (one
hour minimum)
A full response requires all available equipment and personnel be dispatched to the alarm (ie. hotels, motels, malls, large apartment complexes, high hazard facilities, etc.)
6 Account
No.

Fee
(in dollars) Description
FF.

3. 4.
a.
b.
c.

5. 120.50.053.530 4142
Administrative Citations
First violation
Second violation of the same ordinance within
one (1) year
Third and subsequent violations of the same
ordinance within one (1) year
200 Remove
500 Remove
Preparation and issuance of Administrative Citations
and Notices to Abate Nuisance Condition, and other
related costs
131/hour plus 100%
(one hour minimum)
Remove
100 Remove
Administrative Nuisance Abatement 1,000/day per
identified nuisance
and/or nuisance
condition (100,000
maximum) Remove

PENALTIES
7 Account
No.

Fee
(in dollars)
II.

1. c. 7.5 7.70
4158 2. 3000 3,090

3. a. Amended Assessment Diagram Check 750 773
b. New Assessment Segregation 375 386 each new
assessment up to a
maximum of 1,100 1,133
4104 4.
4104 5. 20-150 21-155
B.
4158 1.
a. Plan Check 9,345 9,625 /application
plus 75 77/lot after the
first four (4) lots
b. Plan Check – Condominiums 9,345 9,625 /application
plus 75 77/unit after
the first four (4) units
c. Time Extension 4340 4,470
4158 2.
a. Commercial/Industrial 7,245 7,462 /application
b. Residential 7,245 7,462 /application
4158 3.
a. Commercial/Industrial 8,880 9,146/map plus 75
77/lot after the first four
(4) lots
b. Residential 8,880 9,146/map plus 75
77/lot after the first four
(4) lots

4. 4340 4,470

5. 4340 4,470

6. 2295 2,364

7. 2000 2,060
120.60.061.611
Various
DEVELOPMENT SERVICES (All fees shall be rounded to the nearest whole dollar)

ENGINEERING
Standard Details Plan Set
Description
Reproduction Work
Assessment Splits
Street Easement Vacation (vacation requested by property owner)
Plans and Specifications
Record Map Check (Tract or Parcel)
Recordation

DEVELOPMENT
120.60.061.611
120.60.061.611
120.60.061.611
4104
120.60.061.611
Certificate of Correction for Record Maps
Request for Lot Line Adjustments
120.60.061.611
Certificate of Map Act Compliance
Request for Parcel Map Waiver
Tentative Tract Map
Tentative Parcel Map Check
(a) Subsidized rate
(b) Partial cost recovery
8 Account
No.

Fee
(in dollars) Description
B.

8. a. Review and Inspection - one to three reviews
(2) 100,001 – 500,000 10,500 10,815 plus 9.5%
costs over 100,000
(3) 500,001 – 2,000,000 48,500 49,955 plus 8.5%
costs over 500,000
(4) 2,000,001 – 5,000,000 176,000 181,280 plus 7.5%
costs over 2,000,000
(5) Above 5,000,000 401,000 413,030 plus 6.5%
costs over 5,000,000
4157 d. 125 129/hour or any
increment thereof (one
hour minimum per call)*
2280 f. 10,000 deposit; final
billing based on actual
cost plus 25%
4157 f. g. Actual cost plus 25%
2280 g. h. Actual cost
4910 a. 4000 4,120
4910 b. 2000 2,060
c. 1500 1,545
4158 11. 150 155/application (nonrefundable)

12. a. Commercial/Industrial 1575 1,622
b. Residential 2400 2,472

13. 2100 2,163
120
120.60.061.611
4158 (50%)
4157 (50%)
Improvement Plan Check and Inspection for subdivision construction (est. 50% paid at time of plan submittal)
(Cash deposit 120.2280)
DEVELOPMENT, Continued
Inspection for overtime by outside consultant (paid in
advance) (Cash deposit 120.2280)
120.60.061.611
120.60.061.611 Inspection for overtime (paid in advance) (Memorandum of Understanding may dictate minimum
call-out hours)
(Cash deposit 120.2280)
Assessments – Amend District
120
Assessments – First Assessment
Improvement plan review by outside consulting firm
upon request by applicant (in addition to standard
review and inspection fees above)
* Set during construction, if necessary
Subdivision Ordinance Variance after initial approval of Tentative Map
Tree Removal Application/Permit (maximum three trees per application)
140.60.064.643
(50%)
120.60.061.611
(50%)
120.60.061.611
Subdivision Ordinance Variance for Parcel Maps
4910
Assessments – Annual Assessment
120.60.061.611
120.60.061.611
Legal peer review by outside consulting firm
(a) Subsidized rate
(b) Partial cost recovery
9 Account
No.

Fee
(in dollars) Description
C.

1. a. Permit 165 170
b. Review and Inspection - one to three reviews
(2) 100,001 – 500,000 15,000 15,450 plus 12.5%
costs over 100,000
(3) 500,001 – 2,000,000 65,000 66,950 plus 9.0%
costs over 500,000
(4) 2,000,001 – 5,000,000 200,000 206,000 plus 8.0%
costs over 2,000,000
e. 255 263/hour or any
increment thereof (one
hour minimum per call)*
*
4158 (50%)
4157 (50%)

2. 4158 (50%)
4157 (50%)
a. 110 170
b. 95 98/hour or any
increment thereof (one
hour minimum per call)
c. 125 129/hour or any
increment thereof (one
hour minimum per call)*
*

3. a. One-Time Permit 16 16.50
b. Annual Permit 90 93

4. a. Permit 95 98
b. Inspection 95 98

5. a 47.50 49/half hour or any
increment thereof (one
hour minimum per call)
Set during construction, if necessary
4158 (50%)
4157 (50%)
Set during construction, if necessary
Construction and Maintenance of Public Utility and Public Agency facilities within the public right-of-way and easements
120.60.061.611
120.60.061.611
Inspection fee for overtime (paid in advance)
Memorandum of Understanding may dictate minimum
call-out times. (Cash deposit 120.2280)
4158 (50%)
4157 (50%)
Improvement Plan Check and Inspection for Non-Subdivision Construction (Est. 50% paid at time of plan submittal)
(Cash deposit 120.2280)
Permit
4158 (50%)
4157 (50%)
120.60.061.611

ENCROACHMENT ORDINANCE
Overtime (paid in advance) Memorandum of
Understanding may dictate a minimum call-out time.
(Cash deposit 120.2280)
Inspection
120.60.061.611
Inspection
120.60.061.611 4199 Transportation Permit
4158
Special Inspection for Incomplete Encroachment Permit Work (applied to all encroachment permit work, including punch list work, not approved and signed off as complete by the Public Works Inspector prior to the completion date of the Permit) Storage of materials within the public right-of-way and easements and/or ramping curb and gutter
(a) Subsidized rate
(b) Partial cost recovery
10 Account
No.

Fee
(in dollars) Description
D.

3. 4141 b. 100% Cost plus 100% and
4,300 deposit
c. 100% Cost plus 100% and
4,300 deposit
4141 4.
c.
(2) 3920 1,960
(3) 2875 1,438
Various 2. Nuisance Abatement
a. Actual contract costs, plus
100% 206/hr
b. Labor and material costs,
plus 100% 206/hr
c. 1145 206/hr

3. 1,000/day/ Up to $1,000
per day
identified nuisance and/or
nuisance condition,
100,000 maximum

5. 103 206/hr plus 100% (one
hour minimum) plus other
applicable fees
F.
4104 3. 5625 5,794
4151 1.
a. 93 96
b. 186 192
c. Demolition Permit 93 96
Preparation and posting of Compliance Order or Notice
to Abate
Administrative Nuisance Abatement and Administrative
Penalties
120.50.053.530
Various Appeals to City Council from Planning Commission Applications with plan check.

Application (nonrefundable) – applies to each permit application Preparation and issuance of Citations and Notices to Abate Nuisance Condition, and other related costs
Over-the counter applications for building, electrical, mechanical, plumbing, site work, process piping, signs, and grading permit applications
120.60.062.620
Zoning Ordinance Amendments

ZONING AND REDEVELOPMENT
120.50.052.520
120.50.052.520
Application to add conditional use
(Cash deposit 120.2280)
Use Permit application
Minor Use Permit
Application to add permitted use
(Cash deposit 120.2280)
Temporary
Commercial/Industrial
Hearing before a Nuisance Abatement Hearing Officer
Reinspection for the second and subsequent warning,
Correction Notice, or visit to a site
OTHER
(a) Subsidized rate
(b) Partial cost recovery
11 Account
No.

Fee
(in dollars) Description
G.
4152 3.
a. 115 118
b. 115 118 + 13 13.40 for
each 1,000 over 2,000
c. 349 360 + 5.75 5.90 for
each 1,000 over 20,000
d. 522 538 + 39 40 for each
1,000 over 50,000
e. 1,497 1,542 + 8 8.20 for
each 1,000 over 75,000
f. 1,697 1,748 + 3.25 3.30 for
each 1,000 over 100,000
g. 2,997 3,087 + 2.50 2.60 for
each 1,000 over 500,000
h. 4,247 4,374 + 1.50 1.60 for
each 1,000 over 1,000,000
4152 i. 5,747 5,919 + 1 for each
1,000 over 2,000,000
j. 57.5 59
4150 4.
a. 281 289
b. 281 289 + 22.5 23 for each
1,000 over 2,000
c. 686 707 + 2.5 2.60 for each
1,000 over 20,000
d. 761 784 + 9.75 10 for each
1,000 over 75,000
e. 1,005 1,035 + 20 21 for
each 1,000 over 75,000
f. 1,505 1,550 + 4 4.10 for
each 1,000 over 100,000
g. 3,105 3,198 + 6.5 6.70 for
each 1,000 over 500,000
$20,001-$50,000 Valuation
Plan Check fee for all projects needing plan review and not listed below and includes building, plumbing, electrical, mechanical, process piping, signs, and site work. 120.60.062.620
120.60.062.620
$2,001-$20,000 Valuation
$75,001-$100,000 Valuation
$50,001-$75,000 Valuation
$1,000,001-$2,000,000 Valuation
Over $2,000,000 Valuation
$500,001-$1,000,000 Valuation
$500,001-$1,000,000 Valuation
$20,001-$50,000 Valuation
$50,001-$75,000
120.60.062.620
$100,001-$500,000 Valuation

BUILDING INSPECTION
Building Permits - The permit fee for building permits is based on the total building valuation according to the following schedule, or (for small projects), the number of inspections required, whichever results in the higher fee. $75,001-$100,000 Valuation
Minor review/over counter plan reviews
Up To $2,000 Valuation
$100,001-$500,000 Valuation
Up To $2,000 Valuation
$2,001-$20,000 Valuation
(a) Subsidized rate
(b) Partial cost recovery
12 Account
No.

Fee
(in dollars) Description
G.
4150 h. 6,355 6,546 + 1.50 1.60 for
each 1,000 over 1,000,000
i. 7,855 8,091 + 1.50 1.60 for
each 1,000 over 2,000,000

5. a. 242 249
b. 363 374
c. 484 499

6. a. 243 250/modular unit
b. 243 250/assembled unit

7. a. 243 250
b. 243 250 for the first
$17,999 of valuation plus
12 12.40 for each
additional $1,000 or
fraction thereof to $24,999
c. 327 337 for the first
$24,999 of valuation plus

9.50 9.80 for each
additional $1,000 or
fraction thereof to $49,999
d. 564.50 581 for the first
$49,999 of valuation plus

7.50 7.70 for each
additional $1,000 or
fraction thereof to $99,999
$50,000 to $99,999 foundation construction valuation
Re-Roofing Permits for Single Family Dwellings and Accessory Structures - Re-roofing permits for single family dwellings and accessory structures preset and based on the normal number of inspections anticipated.

Re-roofing for single family dwelling using composition shingles or wood shakes.

BUILDING INSPECTION, Continued
Re-roofing for single family dwelling using heavy weight tile weighing over 6 pounds.

Installation of mobile home, manufactured home, or
commercial coach. Does not include permanent
foundations or site development fees.

Foundation Permit for Commercial Coaches, Mobile homes, and Manufactured Homes Individual site development fees, including all building, mechanical, electrical, plumbing and site work, but not permanent foundations or actual installation of unit
$1 to $17,999 foundation construction valuation
$25,000 to $49,999 foundation construction valuation
$1,00,001-$2,000,000 Valuation
Over $2,000,000 Valuation
120.60.062.620
$18,000 to $24,999 foundation construction valuation
Commercial Coaches, Manufactured Housing, and Mobile home Permits - Covers the installation of mobile homes, manufactured homes, or commercial coaches and includes electrical and plumbing connections.

Re-roofing for single family dwelling using light weight tile weighing 6 pounds or less.
(a) Subsidized rate
(b) Partial cost recovery
13 Account
No.

Fee
(in dollars) Description
G.
4150 e. 939.50 968 for the first
$99,999 of valuation plus

4.50 4.60 for each
additional $1,000 or
fraction thereof

8. a. 156 161 for the first sign
plus 20 21 for each
additional sign for the
same business on the same
site
b. 312 321/ea

9. a. 243 250
b. 243 250 for the first
$17,999 of valuation plus
12 12.40 for each
additional $1,000 or
fraction thereof to $24,999
c. 327 337 for the first
$24,999 of valuation plus

9.50 9.80 for each
additional $1,000 or
fraction thereof to $49,999
d. 564.50 581 for the first
$49,999 of valuation plus

7.50 7.70 for each
additional $1,000 or
fraction thereof to $99,999
e. 939.50 968 for the first
$99,999 of valuation plus

4.50 4.60 for each
additional $1,000 or
fraction thereof

10. a. 156 161
d. 216 222
e. 251 259/ hour
$18,000 to $24,999 foundation construction valuation
Monument Signs below 4 feet in height and Wall Sign Permits Monument Signs 4 feet in height or higher Permits - includes foundation, frames, and electrical.
$1 to $17,999 foundation construction valuation
Permit fee when permit amount is based on number of
inspections required
Minimum permit fee
120.60.062.620
BUILDING INSPECTION, Continued
$100,000 and up foundation construction valuation
$50,000 to $99,999 foundation construction valuation
Permit to replace an existing domestic storage type
water heater with another storage type water heater in
a dwelling unit. Total fee limited to permit fee,
application fee, California Building Standards fee, and records automation fee.

Miscellaneous
Wall signs - includes illuminated and non-illuminated
Monument signs below 4 feet in height - includes
illuminated and non-illuminated
$100,000 and up foundation construction valuation
$25,000 to $49,999 foundation construction valuation
(a) Subsidized rate
(b) Partial cost recovery
14 Account
No.

Fee
(in dollars) Description
G.
4150 (3) 376 387/hour with four
hour minimum
(4) 376 387/hour
i.
(1) 200 206
(2) Based on construction
valuation using standard
fee schedules or 243 250,
whichever is greater
k. 100 103
l. 643 662
m. 39 40 for all retrofit
windows being installed
4152 19.
a. 449 462
b. 449 462
c. 449 + 67 462 + 69 for each
100 CY over 500 CY
d. 784 808 + 13 13.40 for
each 1,000 CY over 1,000
CY
e. 1,576 + 7.50 1,623 + 8 for
each 1,000 CY over
100,000 CY
10,001-100,000 CY
21-500 CY
120.60.062.620 Rough Grading and Drainage Plan Review - Fees shall be determined based on the total site area.

Permits that require drawings and inspections.
(Total permit fees will include all other fees
associated with a standard permit.)
Temporary Permits
Permit for kitchen or bathroom remodel, 1 room only
(fee includes plan check)
Permit to retrofit windows, where the existing frame
stays
BUILDING INSPECTION, Continued
Work performed by inspectors beyond the normal
scheduled work hours on a scheduled working day
Termination of Notice of Violation
1,001-10,000 CY
Permits that allow work to proceed without
inspections - improvements not concealed. No
drawings required. (Total permit fees will include
application fee, records automation, and
applicable state fees.)
Work performed by inspectors and plan checkers
during non-scheduled working days
Up to 20 CY
501-1,000 CY
120.60.062.620
(a) Subsidized rate
(b) Partial cost recovery
15 Account
No.

Fee
(in dollars) Description
G.
4150 20.
a. 777 800
b. 777 800 + 13 13.40 for
each 10 CY over 20 CY
c. 1,401 + 120 1,443 + 124 for
each 100 CY over 500 CY
d. 2,001 + 381 2,061 + 392 for
each 1,000 CY over 10,000
CY
e. 5,430 + 24 5,593 + 25 for
each 1,000 CY over 10,000
CY
f. 7,590 + 24 7,818 + 25 for
each 1,000 CY over
100,000 CY

21. a. 3012 3102
b. 1655 1705
c. 2082 2144
4152 22.
a. 4189 4315
b. 681 701
c. 898 925
4150 24.
a. 824 849
b. 418 431
c. 585 603

25. a. 332 342
b. 889 916
c. 1225 1262
d. 1529 1575
e. 93 96

26. a. 425 438
b. 801 825
120.60.062.620
21-500 CY
Up to 20 CY
Over 100,000 CY
10,001-100,000 CY
Grading with TIP
Grading with Esub
120.60.062.620
120.60.062.620 Spa or Hot Tub
BUILDING INSPECTION, Continued
Built-in
Portable
Sauna-steam
Final Grading and Site Work Plan Checking
1,001-10,000 CY
Grading/Utilities/Site Work with no Esub or TIP
Grading/Utilities/Site Work with no Esub or TIP
Rough Grading and Drainage Construction Inspection/Permits - fees are based on the volume of excavation or fill, whichever is greater.

Private Gunite
Public-Gunite-per longest dimension
Permit Issuance
Demolition Permit
Without utilities
With utilities
Grading with Esub
Grading with TIP
Final Grading and Site Work Construction Inspection/Permits Swimming Pool Incl plumb/elec
Above Ground/Vinyl
Fiberglass in ground
501-1,000 CY
(a) Subsidized rate
(b) Partial cost recovery
16 Account
No.

Fee
(in dollars) Description
G.

27. 120.60.062.620 4152 a. 232 239
120.60.062.620 4151 b. 62 64
4150 c. 376 387
d. 312 321

28. a. Up to 100,000 BTU/h 438 451
b. Over 100,000 BTU/h 625 644
c. 187 193
d. 250 258

29. a. 125 129
b. 125 129
c. 146 150
d. 146 150
e. 188 194
f.
(1) 384 396
(2) 720 742
g. 219 226
h. 239 246
i. 199 205
j. 261 269
k. 176 181
l. 176 181
m. 647 666
n. 417 430
o. 645 664
p. 332 342
q. 394 406
r. 355 367 and 5 ea add'l
outlet
s. 251 259/hr

30. a. 232 239
120.60.062.620 4151 b. 62 64
4150 c. 125 129
d. 125 129
e. 344 354
Mechanical Permit Fees
Standalone Mechanical Plan Check
Permit Processing
BUILDING INSPECTION, Continued
Furnaces forced air or gravity, incl ducts & vents
Heater (Wall, Suspended, or Floor)
HVAC Combination Units
Appliance Vent
Repair/Additions to systems
Boilers, Compressors, Absorption Systems
up to 3 HP/100,000 BTU/hr
over 3 HP/100,000 to 15 HP/500,000 BTU/hr
over 15 HP/500,000 to 30 HP/1,000,000 BTU/hr
over 30 HP/1,000,000 to 50 HP/1,750,000 BTU/hr
over 50 HP/1,750,000 BTU/hr
Air Handler w/ducts
to 10,000 CFM
over 10,000 CFM
Evaporative Cooler
Make-up Air System
Moisture Exhaust Duct (Clothes Dryer)
Variable Air Volume Box (Including Duct Work)
Ventilation or Exhaust Fan (Single Duct) - each
Kitchen Stove Hood incl Duct (Residential)
Exhaust Hood - Type I (Commercial Grease Hood)
Exhaust Hood - Type II (Commercial Steam Hood)
Incinerator, commercial
Refrigerator Condenser, remote
Walk-in Box/Refrigerator
Gas System (up to 4 outlets)
Other Mechanical Inspections
Plumbing Permit Fees
Stand Alone Plumbing Plan Check
Plumbing Permit Issuance
Plumbing Fixture or Trap
Building Sewer
Grease Trap
120.60.062.620
120.60.062.620
(a) Subsidized rate
(b) Partial cost recovery
17 Account
No.

Fee
(in dollars) Description
G.
4150 g. 658 678
i. 219 226
h. 219 226
h. 281 289
i. 219 226
j. 216 222
k. 216 222
l. 47 48
m. 188 194 and 13 ea add'l
outlet
n. 251 259
o. 125 129
p. 208 214
q. 125 129
(1) 188 194
r. 188 194
s. 146 150

31. a. 439 452
b. 251 259

32. a. 251 259
b. 376 387
c. 251 259

33. a. 232 239
b. 251 259
c. 93 96
d. 814 838
e 334 344
(1) 334 344
(2) 334 344
(3) 502 517
(4) 627 646
(5) 878 904
f. 502 517
(1) 502 517
(2) 627 646
BUILDING INSPECTION, Continued
120.60.062.620 Industrial Interceptor incl drain and vent Backflow Preventer
Ejector Pump
Above Ground Water Storage Tanks 0 to 500 gallons
over 500 gallons
Solar water panels
Water Softener
Private Sewage disposal system
Septic tank
Other Plumbing and Gas Inspections (per hour)
Process Piping
Roof Drain - Rainwater System per building
Water Heater incl vent
Water Heater Relocation
Water Heater - Tankless
Water Heater Self-Inspection Sticker
Gas System 1-10 outlets
Water Pipe Installation/Alteration/Repair/Water
Treatment
Drain-Vent Repair/Alterations
Medical Gas System (Each Outlet)
Vacuum
Hazardous material
Compressed air
Electrical Permit Fees
Stand Alone Electrical Plan Check
Other Electrical Inspections (per hour)
Permit Processing
Annual Electrical Maintenance Permit
Services (up to 600 volts) 0 to 100 Amps
101 to 200 Amps
201 to 400 Amps
401 to 800 Amps
801 to 1600 Amps
over 1600 Amps
Services (over 600 volts) 0 to 400 Amps
401 to 800 Amps
over 800 Amps
(a) Subsidized rate
(b) Partial cost recovery
18 Account
No.

Fee
(in dollars) Description
G.
4150 g. 123 127
(1) 123 127
(2) 123 127
(3) 166 171
(4) 334 344
h. 123 127
(1) 123 127
(2) 123 127
i. 166 171
j. 103 106
k. 334 344
(1) 166 171

34. a. 123 127
b. 83 85

35. a. 248 255
b. 248 255
c. 334 344
d. 334 344
e. 206 212
f. 20 21

36. a. 334 344
b. 248 255
c. 334 344

38. a. 248 255
b. 1,960 2019(a)
c. 948 976(a)
d. 667 687
e. 793 817
f. 123 127

40. 277 285
BUILDING INSPECTION, Continued
120.60.062.620 Subpanels 0 to 100 Amps
101 to 225 Amps
226 to 400 Amps
401 to 800 Amps
over 800 Amps
Individual Circuit 15 to 40 Amp
50 to 175 Amps
200 Amps and larger circuits
Temporary Service (each)
Temporary Pole (each pole over 5 poles)
Outdoor Lighting, Pole mounted, 1 to 2 units
each additional 2 units
Outdoor Lighting, Mounted on Building, vapor, halide, high intensity First Five Units
Each additional unit over 5
Lighting/Receptacles: flat rate per 1,000 sf
Garage, Warehouse, Accessory
Office, Assembly, Restaurant, Residential
Assembly, Schools, Churches, Nursing Homes
Dining, Hospital, convalescent Hospitals, 3 Story R1
Motor, Transformer, Heater, Compressor, Generator-Each
Receptacles, Lights, Switches (first 20)
Receptacles, Lights, Switches each over 20
Busways
Trolly & plug-in-type, each 100 feet or fraction
Spa-in ground
Swimming Pool-in ground
C&D Admin non Green Halo
up to 1 HP/KW/KVA
2 to 10 HP/KW/KVA
11 to 50 HP/KW/KVA
51 to 100 HP/KW/KVA
Over 100 HP/KW/KVA
Miscellaneous Apparatus, Conduits and Conductors
(a) Subsidized rate
(b) Partial cost recovery
19 Account
No.

Fee
(in dollars)
III. RECREATION AND COMMUNITY SERVICES
C.

4. Activity Room**
a. 60-66 75/hour (two
hour minimum)
b. 66-72 75-90/hour (two
hour minimum)

5. Game/Activity Area**
a. Resident 60-66 65-80/hour (two
hour minimum)
b. Nonresident 66-72 70-90/hour (two
hour minimum)

7. a.
(1) Without lights, Resident/Groups 47 45-58/hour (two
hour minimum)
(2) Without lights, Nonresident/Groups 53 50-63/hour (two hour minimum)
(3) With lights, Resident/Groups 58 60-65/hour (two
hour minimum)
(4) With lights, Nonresident/Groups 63 65-70/hour (two
hour minimum)
b.
(1) Daylight use - grass Play fields 10-20/player/ season (2) Daylight use - all weather turf Play fields 35-40/hour/field (two hour minimum)
(3) With lights - all weather turf Play fields 50-55/hour/field (two hour minimum)
Room Rental, Resident
Room Rental, Nonresident
Liability insurance required in amounts stated in rental policy manual as well as naming the City of Newark as Additionally Insured. Required for dance studio, gym, aquatic center, field rentals or as specified in rental agreement.

SILLIMAN FACILITY RENTALS
Description
Athletic Fields++
Ball Fields
130.70.073.732 4891
Multi-Use Playfields – Newark Nonprofit Youth Sports Organizations 20 Account
No.

Fee
Description (in dollars)
D.
4181 i. 160-250 300/half space
entry for 10; 320-
500/full space entry for
20 *
No show on rental date – forfeit 100% of deposit and all rental fees.

Rental rates are charged by full hour increments only and will not be prorated for fractions of hours. If the rental goes beyond the agreement, the renter will be charged one and a half times the hourly rate.

Liability insurance required in amounts stated in rental policy manual as well as naming the City of Newark as Additionally Insured. Required for dance studio, gym, aquatic center, or as specified in rental agreement.

Notice of 14 days or less - forfeit all rental fees paid, plus current processing fee.

Cancellation notice of more than 30 days prior to rental date – all fees will be refunded, minus current processing fee.

Group Rental Area

AQUATIC CENTER RENTALS (INCLUDES POOL USE)
130.70.073.730
Notice of 15 to 30 days – forfeit 100% of deposit unless date is rescheduled. An additional processing fee will be charged to reschedule date. 21 Account
No.

Fee
(in dollars)
IV. MAINTENANCE SERVICES
A.
4910 2.
a. Assessments – Annual Assessment 2000 2,060

7. a. Replacement Sign Installation 140 144 and material plus 15%
b. Neighborhood Watch Signs 60 62/sign
c. Neighborhood Watch Sign Installation 180 185 and material plus 15%
Description

MAINTENANCE
140.60.064.643 Landscaping and Lighting Contract Administration (50%)
120.60.061.611
(50%)
140.60.064.642 Various Sign Installation
(a) Subsidized rate
(b) Partial cost recovery
22 Account
No.

Fee
(in dollars)
V.

A.
4144 4.
a.
(1) First 1,000 sq. ft. floor area/unit** 24.46/square foot (2) All sq. ft. over 1,000 sq. floor area/unit 9.80/square foot b.
(1) Commercial 4.39/square foot
(2) Industrial .82/square foot
Description
623.00.000.000 Housing

CONSTRUCTION DEVELOPMENT

DEVELOPMENT
*** Established by Resolution No. 8802. Floor area for a commercial development equals the sum of the horizontal floor areas of the a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings. Where no walls exist, the floor area is the area covered by the roof excluding two feet on each side of the structure. Outside areas used for sales or display (such as nurseries, building materials, auto sales, etc.) may be considered part of floor area when the community development director determines that the use of the outside area significantly contributes to the employee density of the building.
* Established by Resolution No. 10,184. Floor area for a residential development equals the sum of the horizontal floor areas of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, excluding garages, carports, and common areas.

Non-Residential Housing Impact Fee Large Project in Lieu Fee*** (revised annually)
Residential Housing Impact Fee Large and Small Project in Lieu Fee* (revised annually)
** No housing impact fee is charged for the first 200 sq. ft. of floor area for additions to existing dwellings.
23 Item F. 1.

DATE 04/23/2026
TO Honorable Mayor and City Council Members
FROM Miki Tsubota, City Engineer
SUBJECT Consideration of projects to be included in the Draft Five-Year Capital Improvement Plan
SUMMARY AND RECOMMENDATION
Staff is currently preparing a new rolling Five-Year Capital Improvement Plan (CIP) with a goal of City Council adoption by the end of the Fiscal Year 2026. The purpose of this report is to provide initial recommendations for projects to be considered into the Draft CIP. Staff recommends the City Council receive this report, accept public input, and provide feedback.

BACKGROUND
The CIP is a multi-year planning document that implements Council-adopted strategic priorities by identifying and prioritizing capital projects and aligning them with available funding sources and timelines. CIP projects are generally defined as necessary work or study associated with the construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, or repair work that can achieve measurable progress in the near future involving any publicly owned, leased, or operated facility that involves a major (exceeding $10,000 value) City asset that has a useful life exceeding one year.

On March 26, 2026, City Council received a staff presentation on an introduction to the Five-Year CIP, and provided feedback on two large-scale projects: the Central Avenue Overpass and Cultural Arts Center projects. Based on City Council's direction, staff is in the process of concluding work on the Central Avenue Overpass Project and will include the new Cultural Arts Center project in the Five-Year CIP. With these decisions made, staff then identified and prioritized additional specific infrastructure, parks, facilities, new equipment, and associated studies for consideration into the CIP.

DISCUSSION/ANALYSIS

OVERVIEW
The City historically had prepared a biennial CIP and is now updating to a new Five-Year CIP that prioritizes and identifies funding for projects on a five-year projection similar to the Five-Year Forecast used in the City’s budget. The Five-Year CIP will be reviewed regularly as part of the budget preparation and update process, and also amended as necessary subject to City Council review and approval.

Guidance on preparation of the Five-Year CIP comes from the City’s General Plan, Specific Plans, the adopted Biennial Budget, Master Planning documents (such as the Citywide Parks Master Plan Update, the City Facilities Master Plan, and other master planning efforts), results of the 2025 Community Survey, the City's Strategic Priority Areas (foster a safe and healthy community, further economic vitality and housing for all, boost financial resilience and excellence in service delivery, modernize public facilities and infrastructure, and strengthen community through education and engagement), and direction from City Council.

PROJECT PRIORITIZATION
Prioritization of projects is crucial to ensure funding is utilized on the most important projects. Guidance on project prioritization comes from criteria developed by the Government Finance Officers Association that scores and defines project priorities as Low, Moderate, High, or Critical depending on the project's role related to the criteria listed in the table below for each project. Those projects with the highest priorities are considered for inclusion into the Five-Year CIP. Of the 106 projects listed, 33 are categorized as Critical, 52 are categorized as High, and 21 are categorized as Moderate.

Criteria Description
Public Safety / Regulatory
Compliance
Address life safety risks, emergency response
capacity, or regulatory requirements
Infrastructure Condition / Asset
Preservation
Rehabilitates or replaces deteriorating
infrastructure assets
Strategic Alliance with City
Council Goals
Supports adopted strategic priorities or City
Council goals
Service Level Impact Improves service delivery capacity or operational efficiency
Financial Readiness / Funding
Availability Funding sources identified or grant secured Community Benefit / Economic
Impact
Enhances community quality of life or economic
vitality
Environmental Sustainability Improves climate resilience, energy efficiency, or environmental outcomes
Project Readiness Environmental review or design complete; ready for implementation

FUNDING
There are a variety of funding sources that can be used to pay for CIP Projects. Funding can originate from federal, state, regional, and local sources. Funding can be one-time sources or ongoing annual sources. Funding uses can range from being unrestricted (allowed to be used on a wide variety of projects) or restricted (to be used only on certain types of or on specific individual projects). The table below summarizes estimated beginning balances, estimated funding over the next five years, estimated project costs over the next five years, and estimated remaining balances.

Funding
Estimated
Beginning
Balance
FY2026-2027
Estimated
Funding (5
years)
Estimated
Project Costs
(5 years)
Estimated
Remaining
Balance
FY2030-2031
Capital Funds $8,500,000 $160,900,000 ($162,100,000) $7,300,000 Annual Roadway
Maintenance $9,200,000 $22,100,000 ($29,100,000) $2,200,000 Impact Fees $14,000,000 $7,700,000 ($21,500,000) $200,000 Other Fees $3,700,000 $3,000,000 ($8,600,000) ($1,900,000) Capital Funds are General Fund transfers and other discretionary funding for the acquisition, construction, and improvements to major capital facilities, including improvements to land, buildings and infrastructure. General Fund sources include transfers from Measure GG, a 2017 voter-approved City sales tax measure that can be used to support capital projects and debt service for major City infrastructure and facilities; transfers from Measure LL, a 2024 voter-approved City hotel tax increase that provides funding for infrastructure improvements and related financing; and planned debt financing that may be used to fund large capital projects and whose debt service would be paid from designated City revenues. External sources for Capital Project Funds include grants and other one-time allocations, including Community Project Funding (CPS) and Congressionally Directed Spending (CDS) programs that are part of the annual appropriation process in the United States; Priority Legislative Budget Projects (PLBP) that are part of the annual appropriation process in California; One Bay Area Grants (OBAG) that are regional grants managed by the Metropolitan Transportation Commission; Regional Measure 3 (RM3), a 2018 voter-approved Bay-Area bridge toll increase that provides funding for a variety of eligible highway, transportation projects; and Federal Land Access Program (FLAP) grants, a Federal funding program that supports improvements to federally-managed lands or facilities. Potential reallocated regional transportation funding previously secured for the Central Avenue Overpass Project is also included in Capital Project Funds. Funding for the recommended 2027-2031 projects includes a number of outside resources acquired through successful City applications and allocations - $15 million from RM3, $11.9 million from various grants, $8.8 million from FLAP, and $5.1 million from OBAG,
Annual Roadway Maintenance funding for annual or ongoing maintenance and improvements to roadways include various state and regional sources. These include Highway User Tax (HUTA), state-distributed fuel tax and vehicle fees; California Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA); Measure BB, a 2014 voter-approved sales tax measure administered by the Alameda Transportation Commission; and Vehicle Registration Fee (VRF) administered by Alameda County's vehicle registration fee program.

Impact Fees imposed on development projects fund facilities and improvements needed due to growth. Impact Fee categories include Public Safety (for police, fire and safety facilities), Community Service (for governmental, social, and cultural facilities), Traffic (for traffic-related measures and transportation improvements) and Parks (for additional parks or park improvements).

Other fees include Public, Education, and Government (PEG) cable franchise fees for capital equipment and technology that support government cable broadcasting and related communication infrastructure; and Community Development Maintenance Fees to update and implement studies related to the City's General Plan and zoning ordinance.

INFRASTRUCTURE PROJECTS
Infrastructure projects consist of significant work within the City’s right-of-way, such as streets, sidewalks, curbs, gutters, street lights, traffic signals and associated equipment. Funding for these types of projects include Gas Tax, RMRA, Measure BB, Measure F, RM3, and various grants. The table below of proposed infrastructure projects in the Draft Five-Year CIP includes projects that are in progress and may not be completed by June 30, 2026.
# Project Name Estimated Cost Priority
Level
1 Quiet Zone Implementation - Design (CIP 1357) $915,000 Critical 2 Annual Citywide Accessible Pedestrian Ramps (CIPA 10001) $75,000 per year Critical 3 Annual Traffic Calming Measures (CIPA 10003) $100,000 per year
Critical
4 Annual Curb, Gutter, and Sidewalk (CIPA 10007) $400,000 per year
Critical
5 Old Town PDA Streetscape Improvements (Construction) (CIP 1258) $17,076,500 Critical
6 Quiet Zone Implementation - Construction $14,200,000 Critical 7 Annual Street Overlay (CIPA 10005) $4,000,000 per
year
Critical
8 Annual Street Tree Maintenance (CIPA 10002) $300,000 per year
High
9 Thornton Avenue Pavement Overlay Phase 2 (Ash St. to Spruce St.) $2,300,000 High
10 Cedar Boulevard Complete Streets (Central Ave. to Stevenson Blvd.) $26,000,000 High
11 Pedestrian Hybrid Beacon Installation - two locations (CIP 1370) $800,000 High 12 Annual Street Striping (CIPA 10008) $25,000 per year High 13 Central Avenue / Sycamore Street Traffic Signal $750,000 High 14 Broadband Initiatives (wifi at 4 parks and first phase of City loop) $3,500,000 High 15 Cherry Street Median Modifications (CIP 1369) $400,000 Moderate TOTAL INFRASTRUCTURE PROJECTS $90,442,000
Staff are currently working with Alameda County Transportation Staff to determine steps needed to reallocate funding from the Central Avenue Overpass Project to potential eligible projects including the Quiet Zone Implementation and Cedar Boulevard Complete Streets projects.

PARK PROJECTS
Park projects consist of the renovation, replacement, and improvement of the public parks that the City owns and maintains. Funding for parks projects comes from a combination of park impact fees and grants. Several park projects within the 2024-2026 CIP list overlap and will be combined within the prioritized list in the Parks Master Plan. The table below of proposed park projects in the Draft Five-Year CIP includes projects that are in progress and may not be completed by June 30, 2026. # Project Name Estimated Cost Priority Level
1 Jerry Raber Ash Street Park Playground Replacement (CIP 1407) $1,000,000 Critical
2 Mirabeau Park Playground Replacement (CIP 1408) $620,000 Critical 3 Birch Grove Park Playground Replacement (CIP 1409) $2,300,000 Critical 4 Newark Community Park All Abilities Play Area (CIP1411) $2,616,000 Critical 5 Softball Fields Retrofit Scoreboards and Bleachers (CIP 1378) $150,000 Critical
6 Bridgepoint Park Playground Replacement $1,400,000 Critical 7 Civic Center Playground Replacement $1,500,000 Critical 8 Mayhews Playground Replacement $1,500,000 Critical
9 Civic Center Multi-Use Sports Fields $150,000 Critical 10 Community Park Restroom Replacement $450,000 Critical 11 Sportsfield Park Restroom / Concession Stand $900,000 Critical 12 Sportsfield Park Sports Facilities (New Lighting and Fields for Baseball, Soccer and Multi-Sports) $1,900,000 Critical 13 Sportsfield Park Amenities and Pathway Improvements $800,000 Critical 14 Community Park Pathway Lighting $250,000 High
15 Newark Community Park Well and Pump Replacement (CIP 1317) $165,000 High
16 New Park Signage $1,100,000 Moderate
TOTAL PARK PROJECTS $16,801,000
FACILITY PROJECTS
Facility projects consist of the renovation, construction, and improvement of the public buildings and facilities that the City owns and operates. Funding for building projects comes from a combination of capital funds and impact fees. Several building and facility projects within the current CIP list overlap and will be combined within the prioritized list in the Facilities Master Plan. The table below of proposed facility projects in the Draft Five-Year CIP includes projects that are in progress and may not be completed by June 30, 2026.
# Project Name Estimated Cost Priority Level
1 Reconstruct Fire Stations #27 and #29 (Planning) (CIP 1410) $4,500,000 Critical
2 Second Chance Shelter Repairs (CIP 1394) $100,000 Critical 3 Reconstruct Fire Stations #27 and #29 (Construction) $46,500,000 Critical 4 Silliman Activity Center Pool Replastering (CIP 1114) $254,000 Critical 5 Silliman Center Pool Sanitation System Retrofit $260,000 Critical 6 Silliman Aquatic Center Roof Replacement $900,000 Critical 7 Fire Station #28 Security and Safety Improvements $1,500,000 Critical 8 Silliman Aquatic Center Roof Replacement $900,000 Critical 9 Silliman Aquatic Center Air Handler #2 Replacement $350,000 Critical 10 Cultural Arts Center $63,000,000 Critical
11 Silliman Aquatic Chemical System Conversion $300,000 Critical 12 Silliman Aquatic Center Water Tanks/Heater Replacement $100,000 Critical 13 Service Center Fuel Island Replacement $1,000,000 High 14 Fuel Management System Replacement $75,000 High
15 Service Center Fuel Pump Island Drainage $80,000 High 16 Police Real Time Information Center $400,000 High
17 Police Secondary Emergency Operations Center $250,000 High 18 Service Center Administrative Building Replacement $3,000,000 High 19 IT Enterprise Data Disaster Recovery Expansion $100,000 High 20 Service Center Fuel Tank Canopy $140,000 High
21 Silliman Center Locker Room Flooring Replacement $150,000 High 22 Silliman Center Shower Tile Replacement $100,000 High 23 Silliman Center Gym Floor Refinishing $130,000 High
24 IT Server Room Environmental Monitoring $50,000 High 25 Service Center Perimeter Wall $120,000 High
26 IT Network Resilience / Redundancy 5G Routers $15,000 High 27 Service Center Vacuum Truck Shelter $100,000 Moderate 28 Silliman Center Door Closer Replacement $100,000 Moderate 29 Virtual Reality Police Tactics Training System $130,000 Moderate 30 IT Fiber / Cable Network Improvements - Remote Sites $86,000 Moderate 31 Service Center Lock Room Improvements $1,600,000 Moderate 32 IT Citywide Video and Access Control Modernization $250,000 Moderate 33 IT/Police Speakers and Server Room Power $62,000 Moderate 34 Police Interview Room Camera System $125,000 Moderate 35 Police Armory Firearm Security Racks $26,000 Moderate TOTAL FACILITY PROJECTS $126,753,000
NEW EQUIPMENT
New equipment purchases consist of new equipment, technology and vehicles to support City staff and operations.New equipment is funded with Capital Funds. The table below of proposed new equipment projects in the Draft Five-Year CIP includes projects that are in progress and may not be completed by June 30, 2026.
# Project Name Estimated Cost Priority Level
1 Police Drone as First Responder Program $400,000 Critical 2 IT Emergency Operation Center Generators $250,000 High 3 Police Integrated Communications Systems $45,000 High 4 Police GPS Tracking System $200,000 High
5 Public Works Street Sweeper $500,000 High
6 Public Works Water Tender Truck $250,000 High
7 Public Works Dump Truck $133,000 High
8 Police Portable Barrier System $80,000 High
9 Police Event Walk-Through Metal Detectors (2) $65,000 High 10 Police In-Car Automated License Plate Readers $183,000 High 11 Public Works Maintenance Vehicle $60,000 High
12 Public Works Maintenance Vehicle #2 $60,000 High
13 Public Works Mower $143,000 High
14 Public Works Mini Excavator (Tool Cat) $128,000 High 15 Police Patrol Vehicle $102,000 High
16 Public Works Pesticide Truck Chassis $80,000 High
17 Police Patrol Vehicles (2) $200,000 High
18 Police Unmarked Vehicles (2) $135,000 High
19 Public Works Supervisor Vehicles (2) $160,000 Moderate 20 Public Works Robotic Mower $32,000 Moderate
21 Police Utility Vehicle $16,000 Moderate
22 Community Preservation Vehicle $50,000 Moderate
23 Police Modular Movable Wall Training System $80,000 Moderate 24 Articulated Aerial Lift Truck (35') $188,000 Moderate 25 Recreation and Community Services Mobile Recreation Van $85,000 Moderate 26 Police Barn Car Patrol Vehicle $93,000 Moderate
27 Police 4x4 Trucks (2) $250,000 Moderate
TOTAL NEW EQUIPMENT PROJECTS $3,968,000

STUDIES
Studies consist of large-scale planning and engineering efforts that directly or indirectly impact capital assets. The table below of proposed studies in the Draft Five-Year CIP includes studies that are in progress and may not be completed by June 30, 2026.
# Project Name Estimated Cost Priority Level
1 Active Transportation Plan $195,000 High
2 Sea Level Rise Vulnerability Assessment $438,000 High 3 ADA Transition Plan $350,000 High
4 General Plan Open Space Element Update $150,000 High
5 General Plan Update $1,700,000 High
6 Urban Forest Master Plan $300,000 High
7 NewPark Place Specific Plan Enhancement $300,000 High 8 Four Corners Area Plan $350,000 High
9 Rental Housing Inspection Program Assessment $150,000 High 10 Revisions to City Truck Routes $73,000 High
11 Vacant Building Assessment $75,000 High
12 Housing Programs - Implementation of Adopted Housing Element $450,000 High
13 Title 17 (Zoning) Housing-related Assessment $400,000 Moderate TOTAL STUDIES $4,931,000
A draft Five-Year CIP with incorporated projects is planned to be presented to City Council in May, followed by Planning Commission for conformance with the General Plan later in May or June, and then a Final Five-Year CIP to City Council in June for adoption.

FISCAL IMPACT
There is no fiscal impact associated with this informational report. Staff will present detailed fiscal impacts as part of a future presentation of the Five-Year CIP.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Boost Financial Resilience and Excellence in Service Delivery Modernize Public Facilities and Infrastructure

REVIEW AND APPROVAL
Prepared 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 - Lenka Hovorka, Assistant City Manager
Attachments
Capital Improvement Program Presentation
Draft 2027-2031 Capital Improvement Plan Project Descriptions 2027-2031 Capital Improvement Plan:

Preliminary List of Projects
April 23, 2026
Agenda
2 • Overview
• Funding
• Projects
• Next Steps
Overview: Five-Year CIP
3 • Workplan vs. Wish List
• Effectively utilize funding
• Over 100 projects valued over $200 million
• Living document; revisited annually
• Approved concurrently with Budget
Project Prioritization Scoring
Criteria Description
Public Safety / Regulatory Compliance Addresses life safety risks, emergency response capacity, or regulatory requirements
Infrastructure Condition / Asset
Preservation
Rehabilitates or replaces deteriorating infrastructure
assets
Strategic Alignment with Council Goals Supports adopted strategic priorities or council goals Service Level Impact Improves service delivery capacity or operational efficiency
Financial Readiness / Funding Availability Funding source identified or grant secured Community Benefit / Economic Impact Enhances community quality of life or economic vitality Environmental Sustainability Improves climate resilience, energy efficiency, or environmental outcomes
Project Readiness Environmental review or design complete; ready for implementation
Maximum Weighted Score = 125
Critical Need (125-95) High Priority (94-70)     Medium Priority (69-45) Low Priority (44 or lower) 4 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects
• Next Steps
5 Funding: Sources
Capital Funds
• Local sources, such as transfers from General Fund, Measure GG and Measure LL • Federal, State and Regional sources, such as legislative appropriations and grants (OBAG, RM3, FLAP) • Debt financing
• Reallocation of regional transportation funding
Transportation Funds
• State and Regional sources, such as Measure BB, Vehicle Registration Fee, Highway User Tax, State Road Maintenance and Rehabilitation Account
Impact Fees
• Local development fees for public safety, community services, traffic, and parks Other Fees
• Public, Education, and Government (PEG) cable franchise fees and Community Development Fees 6 Funding and Expenditures: Estimated Balances
Fund Source Estimated            July 1, 2026
Balance
Estimated Funding (5 Years) Estimated Project Costs (5 Years) Estimated              FY 2030-31 Ending Balance
Capital Fund $8.5M $160.9M ($162.1M) $7.3M
Highway User Tax $0.2M $6.1M ($6.2M) $0.1M
SB1/RMRA $4.9M $7.1M ($11.7M) $0.3M
Measure BB Streets $2.5M $7.0M ($9.5M) $0.0M
Measure BB Ped $0.6M $0.8M ($1.2M) $0.2M
Vehicle Registration $1.1M $1.1M ($0.5M) $1.7M
Public Safety Impact $2.0M $1.0M ($3.0M) $0.0M
Comm. Serv. Impact $1.4M $0.7M ($2.0M) $0.1M
PEG Fees $1.0M $0.3M ($0.7M) $0.5M
Park Impact $10.6M $6.0M ($16.5M) $0.1M
Comm. Dev. Fees $2.7M $2.7M ($7.9M) ($2.4M)
TOTALS: $35.5M $193.7M ($221.3M) $7.9M
7 Tentative Transportation Funds Reallocation
• Quiet Zones Implementation - $13,000,000
• Construction of safety improvements to support Quiet Zone designation at nine rail crossing locations (Jarvis Avenue, Haley Street, Mayhews Landing Road, Thornton Avenue, Carter Avenue, Cedar Boulevard, Cherry Street, Sycamore Street, and Central Avenue).
• Preliminary timeline: complete design (2028); obtain CPUC approvals for Modification of Railway (2029); start construction (2030). • Cedar Boulevard Complete Streets - $24,200,000
• Pavement resurfacing, improved pedestrian and bicycle facilities, landscaping, and other associated streetscape improvements from Stevenson Boulevard to Thornton Avenue.
• Preliminary timeline: planning (2029), design and construction (2031 and beyond) 8 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects: Infrastructure
• Next Steps
9 Projects: Infrastructure ($90M)
10 # Project Cost # Project Cost
1 Quiet Zone Implementation – Design
(CIP 1357)
$915,000 9 Thornton Avenue Pavement Overlay Phase 2 (Ash St. to Spruce St.)
$2,300,000
2 Annual Citywide Accessible Pedestrian
Ramp (CIPA 10001)
$75,000
per year
10 Cedar Boulevard Complete Streets (Central Ave.
to Stevenson Blvd.)
$26,000,000
3 Annual Traffic Calming Measures
(CIPA 10003)
$100,000
per year
11 Pedestrian Hybrid Beacon Installation –
two locations (CIP1370)
$800,000
4 Annual Curb, Gutter and Sidewalk
(CIPA 10007)
$400,000
per year
12 Annual Street Striping (CIPA 10008) $25,000
per year
5 Old Town PDA Streetscape Improvements
(Construction)(CIP 1258)
$17,076,500 13 Central Ave. / Sycamore St. Traffic Signal $750,000 6 Quiet Zones Implementation (Construction) $14,200,000 14 Broadband Initiatives (wifi 4 parks; City Loop Ph1) $3,500,000 7 Annual Street Overlay (CIPA 10005) $4,000,000 per
year
15 Cherry Street Median Modifications (CIP 1369) $400,000 8 Annual Street Tree Maintenance
(CIPA 10002)
$300,000
per year
Priority Tier Colors: Critical, High, Medium
10 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects: Parks
• Next Steps
11 Projects: Parks ($17M)
# Project Cost # Project Cost
1 Jerry Raber Ash Street Park Playground
Replacement  (CIP 1407)
$1,000,000 9 Civic Center Multi-Use Sports Fields $150,000 2 Mirabeau Park Playground Replacement (CIP 1408) $620,000 10 Community Park Restroom Replacement $450,000 3 Birch Grove Park Playground Replacement
(CIP 1409)
$2,300,000 11 Sportsfield Park Restroom / Concession Stand $900,000 4 Newark Community Park All Abilities Play Area
(CIP1411)
$2,616,000 12 Sportsfield Park Sports Facilities (New Lighting and Fields for Baseball, Soccer and Multi-Sports)
$1,900,000
5 Softball Fields Retrofit Scoreboards and Bleachers
(CIP 1378)
$150,000 13 Sportsfield Park Amenities and Pathway
Improvements
$800,000
6 Bridgepoint Park Playground Replacement $1,400,000 14 Community Park Pathway Lighting $250,000 7 Civic Center Playground Replacement $1,500,000 15 Newark Community Park Well & Pump Replacement  (CIP 1317)
$165,000
8 Mayhews Playground Replacement $1,500,000 16 New Park Signage $1,100,000 Priority Tier Colors: Critical, High, Medium
12 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects: Facilities
• Next Steps
13 Projects: Facilities, 1 of 2 ($127M total)
# Project Cost # Project Cost
1 Reconstruct Fire Stations #27 and #29
(Planning) (CIP 1410)
$4,500,000 9 Silliman Aquatic Center Air Handler #2
Replacement
$350,000
2 Second Chance Shelter Repairs (CIP 1394) $100,000 10 Cultural Arts Center $63,000,000 3 Reconstruct Fire Stations #27 and #29
(Construction)
$46,500,000 11 Silliman Aquatic Chemical System Conversion $300,000 4 Silliman Activity Center Pool Replastering
(CIP 1114)
$254,000 12 Silliman Aquatic Center Water Tanks/Heater
Replacement
$100,000
5 Silliman Center Pool Sanitation System Retrofi
t
$260,000 13 Service Center Fuel Island Replacement $1,000,000 6 Silliman Aqautic Center Roof Replacement $900,000 14 Fuel Management System Replacement $75,000 7 Fire Station #28 Security and Safety
Improvements
$1,500,000 15 Service Center Fuel Pump Island Drainage $80,000 8 Silliman Activity Center Roof Replacement $900,000 16 Police Real Time Information Center $400,000 Priority Tier Colors: Critical, High, Medium
14 Projects: Facilities, 2 of 2 ($127M total)
# Project Cost # Project Cost
17 Police Secondary Emergency Operations Center $250,000 27 Service Center Vacuum Truck Shelter $100,000 18 Service Center Administrative Building Replacement $3,000,000 28 Silliman Center Door Closer Replacement $100,000 19 IT Enterprise Data Disaster Recovery Expansion $100,000 29 Virtual Reality Police Tactics Training System $130,000 20 Service Center Fuel Tank Canopy $140,000 30 IT Fiber / Cable Network Improvements - Remote Sites
$86,000
21 Silliman Center Locker Room Flooring Replacement $150,000 31 Service Center Lock Room Improvements $1,600,000 22 Silliman Center Shower Tile Replacement $100,000 32 IT Citywide Video & Access Control Modernization $250,000 23 Silliman Center Gym Floor Refinishing $130,000 33 IT/Police Speakers and Server Room Power $62,000 24 IT Server Room Environmental Monitoring $50,000 34 Police Interview Room Camera System $125,000 25 Service Center Perimeter Wall $120,000 35 Police Armory Firearm Security Racks $26,000 26 IT Network Resilience / Redundancy 5G Routers $15,000 Priority Tier Colors: Critical, High, Medium
15 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects: Equipment
• Next Steps
16 Projects: New Equipment, 1 of 2 ($4M total)
# Project Cost # Project Cost
1 Police Drone as First Responder Program $400,000 10 Police In-Car Automated License Plate Readers
$183,000
2 IT Emergency Operation Center Generators $250,000 11 Public Works Maintenance Vehicle $60,000 3 Police Integrated Communications Systems $45,000 12 Public Works Maintenance Vehicle #2 $60,000 4 Police GPS Tracking System $200,000 13 Public Works Mower $143,000 5 Public Works Street Sweeper $500,000 14 Public Works Mini Excavator (Tool Cat) $128,000 6 Public Works Water Tender Truck $250,000 15 Police Patrol Vehicle $102,000 7 Public Works Dump Truck $133,000 16 Public Works Pesticide Truck Chassis $80,000 8 Police Portable Barrier System $80,000 17 Police Patrol Vehicles (2) $200,000 9 Police Event Walk-Through Meter Detectors (2) $65,000 18 Police Unmarked Vehicles (2) $135,000 Priority Tier Colors: Critical, High, Medium
17 Projects: New Equipment, 2 of 2 ($4M total)
# Project Cost
19 Public Works Supervisor Vehicles (2) $160,000
20 Public Works Robotic Mower $32,000
21 Police Utility Vehicle $16,000
22 Community Preservation Vehicle $50,000
23 Police Modular Movable Wall Training System $80,000
24 Articulated Aerial Lift Truck (35') $188,000
25 Recreation and Community Services Mobile Recreation Van $85,000 26 Police Barn Car Patrol Vehicle $93,000
27 Police 4x4 Trucks (2) $250,000
Priority Tier Colors: Critical, High, Medium
18 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects: Studies
• Next Steps
19 Projects: Studies ($5M total)
# Project Cost # Project Cost
1 Active Transportation Plan $195,000 8
Four Corners Area Plan $350,000
2 Sea Level Rise Vulnerability Assessment $438,000 9Rental Housing Inspection Program Assessment
$150,000
3 ADA Transition Plan $350,000 10 Revisions to City Truck Routes $73,000 4 General Plan Open Space Element Update $150,000 11 Vacant Building Assessment $75,000 5 General Plan Update $1,700,000 12 Housing Programs -
Implementation of Adopted Housing
Element
$450,000
6 Urban Forest Master Plan $300,000 13 Title 17 (Zoning) Housingrelated Assessment $400,000
7 NewPark Place Specific Plan Enhancement $300,000
Priority Tier Colors: Critical, High, Medium
20 2027 – 2031 Capital Improvement Plan
• Overview
• Funding
• Projects: Studies
• Next Steps
21 Next Steps
• May – City Council review of Draft 2027 - 2031 Capital Improvement Plan • May/June – Planning Commission review of 2027 - 2031 Capital Improvement Plan for Conformance to the General Plan
• June – City Council adoption of 2027 - 2031 Capital Improvement Plan 22 Conclusion
Questions and Feedback
23 DRAFT City of Newark
Capital Improvement Plan
Project Descriptions
Fi sea I Yea rs 2027 - 2031

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Item F. 2.

DATE 04/23/2026
TO Honorable Mayor and City Council Members
FROM Miki Tsubota, City Engineer
SUBJECT Consideration of the Thornton Avenue Pavement Overlay, Phase 1 (Interstate 880 to Olive Street) and Traffic Signal Interconnect (Construction) projects to be included in the Draft Five-Year Capital Improvement Plan
SUMMARY AND RECOMMENDATION
Staff is currently preparing a new rolling Five-Year Capital Improvement Plan (CIP) with a goal of City Council adoption by the end of the Fiscal Year 2026. The purpose of this report is to provide initial recommendations to include the Thornton Avenue Pavement Overlay, Phase 1 (Interstate 880 to Olive Street) Project (CIP 1366) and Traffic Signal Interconnect (Construction) Project to be considered in the Draft CIP. Staff recommends the City Council receive this report, accept public input, and provide feedback.

BACKGROUND
The CIP is a multi-year planning document that implements Council-adopted strategic priorities by identifying and prioritizing capital projects and aligning them with available funding sources and timelines. CIP projects are generally defined as necessary work or study associated with the construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, or repair work involving any publicly owned, leased, or operated facility that involves a major (exceeding $10,000 value) City asset that has a useful life exceeding one year. Staff has identified and prioritized specific infrastructure, parks, facilities, new equipment, and associated studies for consideration into the CIP, including the Thornton Avenue Pavement Overlay, Phase 1 (Interstate 880 to Olive Street) Project (CIP 1366) and the Traffic Signal Interconnect (Construction) Project.

DISCUSSION/ANALYSIS
The City historically had prepared a biennial CIP and is now updating to a new Five-Year CIP that prioritizes and identifies funding for projects on a five-year projection similar to the Five-Year Forecast used in the City’s budget. The Five-Year CIP will be reviewed regularly as part of the Budget preparation and update process, and also amended as necessary subject to City Council review and approval.

Guidance on preparation of the Five-Year CIP comes from the City’s General Plan, Specific Plans, the adopted Biennial Budget, Master Planning documents (such as the Citywide Parks Master Plan Update and the City Facilities Master Plan), results of the 2025 Community Survey, the City's Strategic Priority Areas (foster a safe and healthy community, further economic vitality and housing for all, boost financial resilience and excellence in service delivery, modernize public facilities and infrastructure, and strengthen community through education and engagement), and direction from City Council.

Guidance on project prioritization comes from criteria developed by the Government Finance Officers Association that scores and defines project priorities as Low, Moderate, High, or Critical depending on the project's role related to safety and regulatory compliance, asset preservation, alliance with City Council goals, service level impacts, financial readiness, community and economic benefit, environmental sustainability, and overall project readiness.

The Thornton Avenue Overlay Phase 1 (Interstate 880 to Olive Street) Project is an investment in our streets that includes the design and construction to grind, repave and restripe the existing roadway surface. As a previously approved project, approximately $300,000 is anticipated to be spent in the current fiscal year, with design plans almost complete. This project is currently scheduled to go out to bid for construction in fall of this year. Funding sources for this estimated $4,070,000 Project consists of $2,070,000 from Metropolitan Transportation Commission Regional Measure 3 (voter approved funding generated from Bay Area bridge toll increases) and $2,000,000 Congressionally Directed Spending (City application supported by Congressman Ro Khanna and U.S. Senator Alex Padilla). This Project scored High on the priority tier.

The Traffic Signal Interconnect (Construction) Project would install adaptive signal technology to enable real-time adjustments to optimize traffic signal timing and enhance traffic flow along arterial roads. In particular, this project will interconnect nine traffic signals along Cherry Street, seven traffic signals along Newark Boulevard, and five traffic signals along Thornton Avenue. The design is 100% complete. Funding for this estimated $10 million Project is anticipated from reallocated regional transportation funding from the Central Avenue Overpass project. This Project scored High on the priority tier.

FISCAL IMPACT
There is no fiscal impact associated with this informational report. Staff will present detailed fiscal impacts as part of a future presentation of the Draft 2027-2031 Capital Improvement Plan.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Boost Financial Resilience and Excellence in Service Delivery Modernize Public Facilities and Infrastructure

REVIEW AND APPROVAL
Prepared 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 - Lenka Hovorka, Assistant City Manager
Attachments
Presentation - Thornton Avenue Pavement Overlay Phase 1 and Traffic Signal Interconnect
Thornton Avenue Pavement Overlay Phase 1 Project Sheets Traffic Signal Interconnect Project Sheets
Five-Year Capital Improvement Plan:

Thornton Avenue Pavement Overlay
Phase 1 (Interstate 880 to Olive Street)
and Traffic Signal Interconnect
April 23, 2026
Thornton Avenue Pavement Overlay Phase 1
2 • Impacts Thornton Avenue from I-880
to Olive Street
• Cost Estimate - $4,070,000, includes
design work almost complete
• Regional funding of $2.07 million and
federal funding of $2 million
• Fiscal Years 2027, 2028
Traffic Signal Interconnect
• Impacts 9 signals on Cherry Street, 7
signals on Newark Boulevard, and 5
signals on Thornton Avenue
• Cost Estimate - $10,000,000
• Regional funding, pending approval
• Fiscal Years 2028, 2029
3 Capital Improvement Plan Specific Projects
Questions and Feedback
4

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Item F. 3.

DATE 04/23/2026
TO Honorable Mayor and City Council Members
FROM Miki Tsubota, City Engineer
SUBJECT Consideration of the Thornton Avenue Complete Streets - Hickory to Gateway Project to be included in the Draft Five-Year Capital Improvement Plan
SUMMARY AND RECOMMENDATION
Staff is currently preparing a new rolling Five-Year Capital Improvement Plan (CIP) with a goal of City Council adoption by the end of the Fiscal Year 2026. The purpose of this report is to provide initial recommendations to include the Thornton Avenue Complete Streets - Hickory to Gateway Project (CIP 1284) to be considered in the Draft CIP. Staff recommends the City Council receive this report, accept public input, and provide feedback.

BACKGROUND
The CIP is a multi-year planning document that implements Council-adopted strategic priorities by identifying and prioritizing capital projects and aligning them with available funding sources and timelines. CIP projects are generally defined as necessary work or study associated with the construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, or repair work involving any publicly owned, leased, or operated facility that involves a major (exceeding $10,000 value) City asset that has a useful life exceeding one year. Staff has identified and prioritized specific infrastructure, parks, facilities, new equipment, and associated studies for consideration into the CIP, including the Thornton Avenue Complete Streets - Hickory to Gateway Project.

Guidance on preparation of the Five-Year CIP comes from the City’s General Plan, Specific Plans, the adopted Biennial Budget, Master Planning documents (such as the Citywide Parks Master Plan Update and the City Facilities Master Plan), results of the 2025 Community Survey, the City's Strategic Priority Areas (foster a safe and healthy community, further economic vitality and housing for all, boost financial resilience and excellence in service delivery, modernize public facilities and infrastructure, and strengthen community through education and engagement), and direction from City Council.

The purpose of the Thornton Avenue Complete Streets - Hickory to Gateway Project is to improve bicycle and pedestrian safety and access to the San Francisco Bay National Wildlife Refuge. This Project consists of widening Thornton Avenue between Hickory Street and Gateway Boulevard to accommodate a two-way cycletrack, adjacent pedestrian pathway, and pedestrian crossing safety improvements. This Project is currently in design and tentatively scheduled to start construction in 2030. A combination of federal and state funding sources are available for this estimated $12 million Project, including approximately $8.8 million from the Federal Lands Access Program and approximately $3.2 million from the Road Maintenance and Rehabilitation Account (RMRA). This Project scored Moderate on the priority tier.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Boost Financial Resilience and Excellence in Service Delivery Modernize Public Facilities and Infrastructure
REVIEW AND APPROVAL
Prepared 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 - Lenka Hovorka, Assistant City Manager
Attachments
Presentation - Thornton Avenue Complete Streets - Hickory to Gateway Thornton Avenue Complete Streets - Hickory to Gateway Project Sheets Five-Year Capital Improvement Plan:

Thornton Avenue Complete Streets
Hickory to Gateway
April 23, 2026
Thornton Avenue Complete Streets
2 • Impacts Thornton Avenue from
Hickory Street to Gateway
Boulevard
• Cost Estimate - $12,000,000
• Federal funding - $8.8 million;
State funding - $3.2 million
• Currently in design; construction
Fiscal Years 2030, 2031
Thornton Avenue Complete Streets – Hickory to Gateway
Questions and Feedback
3

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Item F. 4.

DATE 04/23/2026
TO Honorable Mayor and City Council Members
FROM Miki Tsubota, City Engineer
SUBJECT Consideration of Lakeshore Park Projects to be included in the Draft Five-Year Capital Improvement Plan
SUMMARY AND RECOMMENDATION
Staff is currently preparing a new rolling Five-Year Capital Improvement Plan (CIP) with a goal of City Council adoption by the end of Fiscal Year 2026. The purpose of this report is to provide initial recommendations for Lakeshore Park projects to be considered in the Draft CIP. Staff recommends the City Council receive this report, accept public input, and provide feedback.

BACKGROUND
The CIP is a multi-year planning document that implements City Council-adopted strategic priorities by identifying and prioritizing capital projects and aligning them with available funding sources and timelines. CIP projects are generally defined as necessary work or study associated with the construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, or repair work involving any publicly owned, leased, or operated facility that involves a major (exceeding $10,000 value) City asset that has a useful life exceeding one year. Staff has identified and prioritized specific infrastructure, parks, facilities, new equipment, and associated studies for consideration into the CIP, including Lakeshore Park Projects.

DISCUSSION/ANALYSIS
The City historically had prepared a biennial CIP and is now updating to a new Five-Year CIP that prioritizes and identifies funding for projects on a five-year projection similar to the Five-Year Forecast used in the City’s budget. The Five-Year CIP will be reviewed regularly as part of the budget preparation and update process, and also amended as necessary subject to City Council review and approval.

Guidance on preparation of the Five-Year CIP comes from the City’s General Plan, Specific Plans, the adopted Biennial Budget, Master Planning documents (such as the Citywide Parks Master Plan Update and the City Facilities Master Plan), results of the 2025 Community Survey, the City's Strategic Priority Areas (Foster a safe and healthy community, Further economic vitality and housing for all, Boost financial resilience and excellence in service delivery, Modernize public facilities and infrastructure, and Strengthen community through education and engagement), and direction from City Council.

The Newark Citywide Parks Master Plan Update identified and prioritized needed park improvements throughout the citywide parks system. In response to community feedback, upgrading or installing new park restrooms ranked as one of the highest priorities, underscoring the high demand for modernized, accessible, and sanitary facilities. In addition, providing needed pathway lighting improvements was also prioritized to improve safety, security, and ease of navigation. Lakeshore Park was identified as a higher priority park to add a restroom facility and install new lighting throughout the park, especially along the pathways. Staff recommends conducting additional community engagement with Lakeshore Park area residents as a next step before planning or design of these projects commences. To allow for this process and due to other higher priority projects identified in the Citywide Parks Master Plan, the Lakeshore Park projects are not anticipated to start until the latter portion of the five-year timeframe.

# Project Name Estimated
Cost
Funding
Source
Implementation
Year Priority Tier
1 Lakeshore Park New
Interim Restroom $80,000 Park impactFees 2030, 2031 Critical 2 Lakeshore Park New
Pathway Lighting $200,000 Park ImpactFees 2031 High Total Lakeshore Park
Projects $280,000
A total of $6.04 million in parks projects, including Lakeshore Park projects, are recommended for funding in the 2027-2031 CIP. Based on an estimated July 1, 2026 Park Impact Fee fund balance of $10.56 million and estimated revenues of $18.48 million during Fiscal Years 2027-2031, the Park Impact Fee Fund would have an estimated balance of $130,000 remaining at the end of Fiscal Year 2031 if all staff recommended projects are approved and implemented.

STRATEGIC PRIORITY AREA
Foster a Safe and Healthy Community
Boost Financial Resilience and Excellence in Service Delivery Modernize Public Facilities and Infrastructure

REVIEW AND APPROVAL
Prepared 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 - Lenka Hovorka, Assistant City Manager
Attachments
Presentation - Lakeshore Park Projects
Lakeshore Park Pathway Lighting Project Sheets
Lakeshore Park Interim Restroom Project Sheets
Five-Year Capital Improvement Plan:

Lakeshore Projects
April 23, 2026
Lakeshore Park Projects
• Lakeshore Park New Pathway
Lighting (Estimate $200,000)
• Lakeshore Park New Interim
Restroom (Estimate $80,000
for 2-year lease)
• Park Impact fees - $280,000
• Years 2030, 2031
2 Lakeshore Park Projects
Questions and Feedback
3

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Newark City CouncilApril 23, 2026

Newark City Council
April 23, 2026