2.11.060 Debt retirement committee.
Notwithstanding Section 2.11.050, a candidate may continue a controlled committee from a previous election period for the sole purpose of receiving contributions for the retirement of campaign debt from the previous election. Contributions to said committee shall be subject to all the limitations of this chapter and shall be cumulated to the previous election period for purpose of the limits established in Sections 2.11.020 and 2.11.030.
2.11.070 Return of campaign contributions.
The intended recipient of any contribution which would cause the total amount of contributions to a committee from a single donor to exceed eight hundred dollars ($800.00) shall, within fortyeight hours of the candidate or committee having actual knowledge of such excess contribution, return any such excess to the donor.
Ordinance to Repeal and Replace
Municipal Code Chapter 2.11,
“Election Campaigns”
May 14, 2026
Purpose
2 • Newark Municipal Code Chapter 2.11 (the “Code”) is likely inconsistent with the United States Constitution as it
establishes a penalty for not accepting the City’s voluntary expenditure limit
• Staff recommends an ordinance repealing and replacing Chapter 2.11 to establish a campaign contribution limit without a voluntary expenditure ceiling component
Background
• The Code provides that Council candidates are subject to a campaign contribution limit based upon whether candidates opt into the City’s “voluntary expenditure ceiling” established at $1 per resident
• Contributions are limited to $500 each if a candidate accepts the voluntary expenditure ceiling
• Contributions are limited to $100 each if a candidate does not accept the voluntary expenditure ceiling
3 Background
• There are potentially different contribution limits depending on whether a candidate agrees to limit their campaign spending during any given election
• The ability of a candidate to utilize funds in support of their campaign is restricted based on their acceptance of a lower campaign contribution threshold
• Courts have held that government-imposed mandatory
expenditure limits are unconstitutional
4 Proposed Ordinance
• Establishes a campaign contribution limit of $800 – increased from $500 to reflect CPI and consistent with other cities in the Tri-City Area
• 7/10 comparable Alameda County cities have no local limit • Contribution limit applies during full election period • No limitation on candidate using their own funds
• Eliminates the Voluntary Expenditure Ceiling provision 5 Proposed Ordinance
• Aggregated funds may be treated as coming from the same source under certain circumstances
• Loans and debt not considered campaign contributions unless unpaid one year following election
• Includes provisions to address debt retirement committees and return of excess contributions
6 Staff Recommendation
• Waive full reading and introduce by title only an ordinance repealing and replacing Chapter 2.11, “Election Campaigns” of the Newark Municipal Code to eliminate the expenditure ceiling provision and establish a standalone campaign contribution limit of $800 per candidate or candidate controlled committee
7 Questions
Item F. 4.
DATE 05/14/2026
TO Honorable Mayor and City Council Members
FROM Roya Gonzalez, Strategic Initiatives Manager
SUBJECT Consider a resolution amending the Master Fee Schedules for aquatic center nonresident user fees or accept staff's
recommendation to take no action
SUMMARY AND RECOMMENDATION
At the previous City Council meeting, the City Council directed staff to provide a schedule of aquatic center nonresident user fees equal to 20% and 25% above current resident user fees. The Fiscal Year 2025-26 Master Fee Schedule includes a list of 22 user fees for the "Silliman Activity Center" that apply to nonresidents, which includes drop-in rates and pass fees to use the aquatic center, fitness center, and gymnasium.
There are no separate or individual fees for use of the aquatic center only.
Staff recommends that the City Council receive the information presented and defer any fee adjustments until the Recreation and Community Services Department comprehensive fee study is complete to allow for a more thorough, data-driven approach to establishing appropriate fees across all programs and services.
Staff does not recommend that the Council approve either of the attached resolutions.
BACKGROUND
At the April 23, 2026, City Council meeting, the City Council adopted the Fiscal Year 2026-27 Master Fee Schedule (Schedule). The Schedule excluded recommendations to most Recreation and Community Services Department fees, as a comprehensive fee analysis (analysis) is underway. In addition to user fees, the analysis will review the entire Recreation and Community Services Department's fee structure that includes youth, adult and senior programming, facility and field rentals, child care, and administrative fees.
Also at the April 23, 2026, City Council meeting, City Council directed staff to prepare two options of aquatic center nonresident user fees equal to 20% and 25% above current resident user fees to consider interim fee adjustments while the analysis is underway and until new fee adjustments are recommended based on the analysis. The analysis is anticipated to be completed this summer and presented to City Council in September.
The Fiscal Year 2025-26 Master Fee Schedule includes a list of 22 user fees for the "Silliman Activity Center", which includes drop-in use of the aquatic center, fitness center, and gymnasium. There are no standalone aquatic center user fees. The existing resident and nonresident differentials for pass options range from 0% to 26%, with an average of 14% across all Silliman Activity Center user fees.
The aquatic center is currently closed for maintenance and is tentatively scheduled to reopen June 22, 2026.
DISCUSSION/ANALYSIS
Table 1 includes a schedule of current aquatic center resident and non-resident user fees and non-resident fees at 20% and 25% above current resident rates. The percentage differentials between current aquatic center resident and non-resident user rates are also provided. If a 20% increase is applied, the cost of five senior passes would decrease between 2% - 5%. If a 25% increase is applied, one senior pass would be decreased 1%. For all other passes, costs would increase at varying percentages between 4% - 12% if a 20% increase is applied and between 0 - 17% if a 25% increase is applied.
The process to change City fees requires amending the Master Fee Schedule. As a best practice and consistent with the City's past practice, the resolution approving Master Fee Schedule amendments typically states that amendments are consistent with the City's adopted Cost Recovery Policy and based on a a cost-of-service analysis, and policy guidelines to ensure fees reflect actual service delivery costs. The resolutions attached to this staff report for City Council consideration omit those assertions as the proposed fee amendments were initiated at City Council direction.
City Council comments at the April 23, 2026 City Council meeting included Newark tax dollars subsidizing fees with a dramatic general fund subsidy; having a very minor increase for nonresidents to these fees; that a closer job of cost recovery should be done; and that interim fees should be established while the comprehensive fee analysis is being completed.
The comprehensive fee analysis will include a comparison of fees charged by nearby jurisdictions with similar programs and amenities, an evaluation of the personnel and non-personnel costs included in determining cost recovery, a review of industry cost recovery goals and subsidy setting, application of the Cost of Services Study for the City of Newark, and recommendations to ensure fees remain competitive while aligning with the City's financial objectives and strategic priorities. Determining the appropriate differential is best informed through the comprehensive fee analysis, which will evaluate cost recovery targets and market conditions. While the concept of a differential supports these objectives, there are several operational, market, and implementation considerations associated with implementing such changes that have not yet been evaluated.
Maintaining competitiveness with comparable facilities in the area is an important consideration. A preliminary review indicates that most agencies do not charge a separate non-resident rate for drop-in admissions. Instead, resident discounts are more commonly applied to multi-visit passes or membership options, which is consistent with the City’s long-standing practice, where resident discounts are applied to passes rather than drop-in admissions.
The City’s current Master Fee Schedule includes pass rates based on age range and length of each pass. As part of the comprehensive fee analysis, staff will also evaluate opportunities to simplify and streamline the overall fee structure. Implementing widespread temporary fee increases immediately before restructuring the fee model may create unnecessary complexity, customer confusion, and administrative burden at the same time we are trying to simplify and evaluate the system. Adjusting numerous individual fees before consolidation may unintentionally reinforce the complexity staff is seeking to reduce.
From a demand perspective, increases in nonresident pricing may influence nonresident participation levels; however, the magnitude of this potential impact is uncertain without additional data. Preliminary review of nearby jurisdictions also indicates that lower-cost alternatives are available in the region, which may influence user behavior and underscores the importance of remaining competitive. Changes in participation could affect program utilization and revenue projections and would benefit from further analysis as part of the broader fee study.
From an operational standpoint, creating a differential between resident and nonresident rates for drop-in admissions would require a new step in the check-in process - verification of residency. This process can be time-intensive, contributing to longer wait times at the point of entry, particularly during peak periods. Requiring proof of residency will impact customer experience and likely create challenges in maintaining efficient front gate operations. In addition, implementing daily use nonresident fees would require updates to registration and point-of-sale systems, public-facing materials, signage, website content, and staff training to ensure consistent and accurate implementation - a process that will need to be repeated when the comprehensive fee analysis is completed and further fee changes are recommended.
Another potential unintended consequence to consider is that frequent or temporary fee changes can increase customer dissatisfaction and place frontline staff in the position of repeatedly explaining and enforcing policies that patrons may not understand or support. Two successive pricing changes in a short period may create avoidable confusion and negatively impact customer perception. The proposed interim changes would create additional frontline impacts, as staff would need to be trained not only on the revised fees themselves, but also on handling customer concerns, explaining new requirements, and addressing resistance to changes in the admission process.
Additionally, implementing fee adjustments at this time may present challenges given the ongoing comprehensive fee study. Because Silliman Center admission fees are only one component of the broader Recreation and Community Services fee structure, evaluating them independently may limit the City’s ability to ensure alignment with overall cost recovery goals and regional market conditions. Temporary adjustments may skew participation and revenue data, making it more difficult to evaluate which fee categories should ultimately be retained, consolidated, or eliminated.
Staff recommends that the City Council defer any fee adjustments until the Recreation and Community Services Department comprehensive fee study is complete to allow for a more thorough, data-driven approach to establishing appropriate fees across all programs and services.
FISCAL IMPACT
All personnel and material costs associated with implementing an interim increase to aquatic center nonresident user fees will be absorbed in the current budget, including Based on pass sales data for a one year period beginning April 28, 2025, if a 20% increase applied to Silliman Activity Center non-resident user fees, approximately $2,700 in additional revenue would have been generated. A 25% increase would have generated approximately $8,600 in additional revenue. Single day use revenue projections could not be computed, as the current daily use check-in process does not require inquiring about resident status.
STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery REVIEW AND APPROVAL
Prepared by - Roya Gonzalez, Interim Recreation and Community Services Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution - Master Fee Schedule Amendment - 20%
Master Fee Schedule Redlines - 20%
Resolution - Master Fee Schedule Amendment - 25%
Master Fee Schedule Redlines - 25%
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING THE MASTER FEE SCHEDULES FOR
FISCAL YEAR 2025-26 AND 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 directed staff to prepare Silliman Activity Center user fee schedule of nonresident rates at 20% above resident rates; and WHEREAS, the City Council has reviewed the proposed fee adjustments and related fiscal and operational considerations; and
WHEREAS, the City Council desires to amend the Master Fee Schedules to reflect a 20% differential for Silliman Activity Center nonresident user rates for Fiscal Year 2025-26 and Fiscal 2026-27; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend those portions of the City of Newark Master Fee Schedules 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 2025-26 and Fiscal Year 2026-27.
BE IT FURTHER RESOLVED that the amended fees shall become effective on June 22, 2026.
EXHIBIT A (20%)
Account
No.
Fee
(in dollars)
III. RECREATION AND COMMUNITY SERVICES
B.
4182 1.
a. 4-6/person
b. 5/person
b. c. 13-18/person
d. 16/person
2. a. Adult, Resident 151-159/person
b. Adult, Nonresident 176-185 181/person
c. Senior, Resident (55+) 137-144/person
d. Senior, Nonresident (55+) 159-167 164/person
3. Monthly Pass
a. Adult, Resident 76-80/person
b. Adult, Nonresident 87-91 91/person
c. Senior, Resident (55-69 yrs) 58-61/person
d. Senior, Nonresident (55-69 yrs) 63-66 70/person
e. Senior, Resident (70+ yrs) 47-49/person
f. Senior, Nonresident (70+ yrs) 53-56 56/person
4. Three Month Pass
a. Adult, Resident 189-199/person
b. Adult, Nonresident 217-223 227/person
c. Senior, Resident (55-69 yrs) 116-122/person
d. Senior, Nonresident (55-69 yrs) 152-160 139/person
e. Senior, Resident (70+ yrs) 89-94/person
B.
4182 f. Senior, Nonresident (70+ yrs) 121-127 107/person
5. Six Month Pass and Season Pass
a. Youth (3-17 yrs), Resident 113-119/person
b. Youth (3-17 yrs), Nonresident 130-137 136/person
c. Adult (18-54 yrs), Resident 302-317/person
d. Adult (18-54 yrs), Nonresident 348-365 362/person
e. Senior, Resident (55-69 yrs) 84-193/person
f. Senior, Nonresident (55-69 yrs) 236-248 221/person
g. Senior, Resident (70+ yrs) 163-171/person
Description
SILLIMAN ACTIVITY CENTER USER (including Aquatic Center) 130.70.073.730 Daily Use (individual or group visits)
Infant/Toddler (2 yrs and under)
Youth, Adult, and Senior
20 Visit Pass
Infant/Toddler (2 yrs and under), Nonresident
Infant/Toddler (2 yrs and under), Nonresident
SILLIMAN ACTIVITY CENTER USER (including Aquatic Center), Continued 130.70.073.730
EXHIBIT A (20%)
Account
No.
Fee
Description (in dollars)
h. Senior, Nonresident (70+ yrs) 194-204 196/person
i. Group Resident (Same Household) 416-500/up to 4 people; 30-60 for each add’l
family member
j. Group Nonresident (Same Household) 478-650 499/up to 4 people; 30-60 72 for
each add’l family
b 6.
a. Youth (3-17 yrs), Resident 176-185/person
b. Youth (3-17 yrs), Nonresident 203-213 211/person
c. Adult (18-54 yrs), Resident 454-477/person
d. Adult (18-54 yrs), Nonresident 522-548 545/person
e. Senior, Resident (55-69 yrs) 315-330/person
f. Senior, Nonresident (55-69 yrs) 410-430 378/person
g. Senior, Resident (70+ yrs) 236-248/person
h. Senior, Nonresident (70+ yrs) 315-331 282/person
i. Group Resident (Same household) 731-767/up to 4 people; 60 for each add’l family
member
j. 840-882 877/up to 4
people; 60 72 for each
add’l family member
Annual Pass
Group Nonresident (Same household)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING THE MASTER FEE SCHEDULES FOR
FISCAL YEAR 2025-26 AND 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 directed staff to prepare a Silliman Activity Center user fee schedule of non-resident rates at 25% above resident rates; and WHEREAS, the City Council has reviewed the proposed fee adjustments and related fiscal and operational considerations; and
WHEREAS, the City Council desires to amend the Master Fee Schedules to reflect a 25% differential for Silliman Activity Center non-resident user rates for Fiscal Year 2025-26 and Fiscal 2026-27.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend those portions of the City of Newark Master Fee Schedules 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 2025-26 and Fiscal Year 2026-27.
BE IT FURTHER RESOLVED that the amended fees shall become effective on June 22, 2026.
EXHIBIT A (25%)
Account
No.
Fee
(in dollars)
III. RECREATION AND COMMUNITY SERVICES
B.
4182 1.
a. 4-6/person
b. 5/person
b. c. 13-18/person
d. 16/person
2. a. Adult, Resident 151-159/person
b. Adult, Nonresident 176-185 189/person
c. Senior, Resident (55+) 137-144/person
d. Senior, Nonresident (55+) 159-167 171/person
3. Monthly Pass
a. Adult, Resident 76-80/person
b. Adult, Nonresident 87-91 95/person
c. Senior, Resident (55-69 yrs) 58-61/person
d. Senior, Nonresident (55-69 yrs) 63-66 73/person
e. Senior, Resident (70+ yrs) 47-49/person
f. Senior, Nonresident (70+ yrs) 53-56 59/person
4. Three Month Pass
a. Adult, Resident 189-199/person
b. Adult, Nonresident 217-223 236/person
c. Senior, Resident (55-69 yrs) 116-122/person
d. Senior, Nonresident (55-69 yrs) 152-160 145/person
e. Senior, Resident (70+ yrs) 89-94/person
B.
4182 f. Senior, Nonresident (70+ yrs) 121-127 111/person
5. Six Month Pass and Season Pass
a. Youth (3-17 yrs), Resident 113-119/person
b. Youth (3-17 yrs), Nonresident 130-137 141/person
c. Adult (18-54 yrs), Resident 302-317/person
d. Adult (18-54 yrs), Nonresident 348-365 378/person
e. Senior, Resident (55-69 yrs) 84-193/person
f. Senior, Nonresident (55-69 yrs) 236-248 230/person
g. Senior, Resident (70+ yrs) 163-171/person
h. Senior, Nonresident (70+ yrs) 194-204 204/person
Description
SILLIMAN ACTIVITY CENTER USER (including Aquatic Center) 130.70.073.730 Daily Use (individual or group visits)
Infant/Toddler (2 yrs and under)
Youth, Adult, and Senior
20 Visit Pass
Infant/Toddler (2 yrs and under)
Infant/Toddler (2 yrs and under)
SILLIMAN ACTIVITY CENTER USER (including Aquatic Center), Continued 130.70.073.730
EXHIBIT A (25%)
Account
No.
Fee
Description (in dollars)
i. Group Resident (Same Household) 416-500/up to 4 people; 30-60 75 for each add’l
family member
j. Group Nonresident (Same Household) 478-650 520/up to 4 people; 30-60 75 for
each add’l family
b 6.
a. Youth (3-17 yrs), Resident 176-185/person
b. Youth (3-17 yrs), Nonresident 203-213 220/person
c. Adult (18-54 yrs), Resident 454-477/person
d. Adult (18-54 yrs), Nonresident 522-548 568/person
e. Senior, Resident (55-69 yrs) 315-330/person
f. Senior, Nonresident (55-69 yrs) 410-430 394/person
g. Senior, Resident (70+ yrs) 236-248/person
h. Senior, Nonresident (70+ yrs) 315-331 294/person
i. Group Resident (Same household) 731-767/up to 4 people; 60 for each add’l family
member
j. 840-882 914/up to 4
people; 60 75 for each
add’l family member
Annual Pass
Group Nonresident (Same household)