Agenda packet — Newark City Council, September 10, 2026 (part 1 of 5)

Regular Meeting Agenda
Thursday, September 10, 2026
7:00 P.M.

The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.

How to observe the Meeting:

1. Cable Channel 26

2. YouTube Live stream
How to provide live Public Comment during the City Council Meeting:

1. Participate in the Council Chambers

2. Join remotely using Zoom. Meeting ID: 815 4651 4629.

To request to speak, use the “raise hand” function in Zoom.

3. Join by Phone: Dial 1-669-444-9171. Meeting ID: 815 4651 4629.

Press *9 to request to speak and *6 to unmute/mute.

How to submit written Public Comment:

Please submit email comments to the [email protected] by 3:00 p.m. on the day of the meeting, including the corresponding agenda item number. Comments will be shared with the City Council and made available for public viewing.

A. ROLL CALL
B. PRESENTATIONS

1. Proclaiming September as Childhood Cancer Awareness Month

2. Proclaiming September 2026 as Hunger Action Month
September 10, 2026 City Council Regular Meeting Page Number 1 of 4

3. Proclaiming Newark Days

4. Introduction of employees
C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public comments are generally limited to five minutes per speaker.

The Presiding Officer may reduce the time allotted for each speaker as needed. Please note that State law prohibits the Council from taking action on items not listed on the agenda.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion. There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of July 23, 2026, City Council Minutes

3. Adopt a resolution amending the Compensation and Benefits Plans for the Management, Supervisory and Professional Employee Group and the Confidential Employee Group to clarify special assignment pay provisions

4. Adopt a resolution approving a Side Letter of Agreement with the Newark Police Association (NPA) regarding compensation reporting and special assignment pay

5. Adopt a resolution approving a Side Letter of Agreement with the Newark Association of Miscellaneous Employees to add the Recreation Assistant classification to the Memorandum of Understanding (MOU) and amending the Citywide Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5

6. Report on Administrative Actions During August Recess

7. Adopt a resolution approving the First Amendment to the Contractual Services Agreement with KBA Document Solutions, LLC, increasing the total not-to-exceed compensation from $390,000 to $500,000, and amending the 2026–2028 Biennial Budget for Fiscal Year 2026-27
September 10, 2026 City Council Regular Meeting Page Number 2 of 4 E. PUBLIC HEARINGS

1. Hearing to consider an Ordinance amending Title 17 (Zoning) of the Newark Municipal Code to add Chapter 17.28 (Residential and Residential Mixed-Use Design Standards) and Chapter 17.42 (Reasonable Accommodation) and amend Division II (Base and Overlay Districts) Chapter 17.17 (General Site Regulations) Chapter 17.21 (Landscaping), Chapter 17.23 (Parking and Loading), Chapter 17.34 (Design Review), Chapter 17.37 (Waivers), and Chapter 17.46 (Definitions), generally affecting development and design standards for residential and residential mixed-use development

2. Public Hearing to consider adopting an ordinance amending the Newark Zoning Map to rezone certain property into the -BRH Overlay District F. GENERAL BUSINESS / NON-CONSENT ITEMS

1. Waive full reading and introduce by title only an ordinance of the City Council of the City of Newark amending Chapter 2.09 of the Newark Municipal Code ("City Councilmembers-Compensation") to increase the salaries of the Mayor and City Councilmembers
G. CITY MANAGER UPDATES
H. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

1. Provide direction regarding staff preparation of City Council meeting minutes and approve the July 9, 2026, City Council meeting minutes I. CLOSED SESSION
J. ADJOURNMENT

MEETING INFORMATION
September 10, 2026 City Council Regular Meeting Page Number 3 of 4

MEETING INFORMATION
Submit Written Public Comment
Please submit email comments to the [email protected] by 3:00 p.m. on the day of the meeting, including the corresponding agenda item number. Comments will be shared with the City Council and made available for public viewing.

Accessibility
This meeting is wheelchair accessible. For special accommodations, contact the City Clerk’s Office at (510) 578-4266 or [email protected] at least 72 hours in advance.

Council Meeting Materials
Agenda packets are generally posted on the City website by the Friday before the meeting, and at least 72 hours before regular meetings or 24 hours before special meetings. Supplemental materials released later are available for public viewing at City Hall, 37101 Newark Boulevard, during regular business hours. City Council agendas are available at newarkca.gov/councilagendas. Visit the Agenda Translation Webpage to view the agenda in your preferred language.

Policy on Telephonic/Internet Service Disruption (SB 707) The Council’s policy outlines procedures for handling disruptions to telephonic or internet service during meetings, including recess requirements and steps to restore access.

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

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

We are a welcoming city…
…where it is safe to live, to play, and to raise children. …where diverse and energetic people strive to live in harmony. …that cherishes small town values and also enjoys being progressive. …where educational programs are available and first-rate. …where cultural and recreational opportunities are plentiful and spiritually enriching. …with residents filled with civic pride, social concerns, and community involvement. …with tree-lined streets and a diverse system of parks and open spaces. …where economy is strong and vital and provides jobs.
…where government is financially stable, accessible, and responsive. …that provides timely, accurate, and transparent communication. …that is well-planned, well-managed, and well-maintained.

SENIOR STAFF MEMBERS
David J. Benoun
City Manager
Lenka Hovorka
Assistant City Manager
Kristopher J. Kokotaylo
City Attorney
Steven Turner
Community Development Director
Jonathan Arguello
Police Chief
Krysten Lee
Finance Director
Brittney Frye
Human Resources Director
Edwin Miranda
Chief Information Officer/Information Technology Director Howard Young
Public Works Director
Ryan Nishimoto
Alameda County Fire Department Deputy Chief
Roya Gonzalez
Strategic Initiatives Manager
Alicia Day
Recreation and Community Services Director
Neetu Salwan
City Clerk
Colleen Lettire
Communications and Public Engagement Manager
September 10, 2026 City Council Regular Meeting Page Number 4 of 4 Item B. 1.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Proclaiming September as Childhood Cancer Awareness Month September's Childhood Cancer Awareness Month is a time to shine a light on the realities of childhood cancer, emphasize the importance of life-saving research, and join together to make a difference for children diagnosed with cancer.

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

Attachments
Proclamation No. 1989
PROCLAMATION NO. 1989

CHILDHOOD CANCER AWARENESS MONTH
WHEREAS, according to the American Childhood Cancer Organization, childhood cancer is the leading cause of death by disease for children in the United States and one of every six children are not expected to live past five years of age; and WHEREAS, the American Cancer Society estimates that approximately 9,680 children in the United States under 15 years of age will be diagnosed with cancer in 2026; and
WHEREAS, most children cannot be treated at a local hospital, and families must face the disruption of relocating to receive treatment at a regional cancer center; and WHEREAS, pediatric cancer research receives only 4 percent of all federal funding for cancer research, a fact that demonstrates why awareness and fundraising participation is so important; and
WHEREAS, due to children’s bodies still growing and cancer treatments largely geared toward use on adults, children are more likely to experience long-term side effects from treatment; and
WHEREAS, childhood cancer treatment is handled by a team of pediatric oncologists and surgeons, radiation oncologists, pediatric oncology nurses, nurse practitioners, and physician assistants; and
WHEREAS, some of the most important members of a pediatric cancer patient’s team are experienced parents who navigate and advocate on behalf of their children; and WHEREAS, as a result of major treatment advances in recent decades, more than 85 percent of children with cancer now survive five years or more.

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

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

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

MICHAEL K. HANNON
Mayor
Item B. 2.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Proclaiming September 2026 as Hunger Action Month Hunger Action Month is a nationwide effort to raise awareness and inspire action against hunger and food insecurity. A proclamation has been prepared, and John Becker, president of the Board of Directors for the Viola Blythe Community Services Center, and Linda Leu, Executive Director at TCV Food Bank + Mobile Pantry, will be at the meeting to accept it.

Attachments
Proclamation No. 1990
PROCLAMATION NO. 1990

HUNGER ACTION MONTH
WHEREAS, the City of Newark recognizes September as National “Hunger Action Month,” a nationwide effort to raise awareness and inspire action to address food insecurity and hunger in our communities; and
WHEREAS, external factors such as federal legislation, in conjunction with the high cost of living, especially of food in the Bay Area, has exacerbated food insecurity. Individuals experiencing poverty must often choose between vital expenses including rent, health care, and food; and
WHEREAS, the City of Newark acknowledges the struggle of individuals and families in our community experiencing food insecurity and hunger; we encourage our residents to lend a helping hand by supporting one of the community organizations in our city working to address this issue by volunteering their time and treasure; and
WHEREAS, the work of groups such as the Viola Blythe Center and Tri City Volunteers, as well as all their volunteers and supporters, is critical to the ability of everyone in our community to thrive.

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

HUNGER ACTION MONTH
in Newark and encourage our residents to lend a helping hand by donating or volunteering at one of the community organizations in our city that are working to address this issue.

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

MICHAEL K. HANNON
Mayor
Item B. 3.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Proclaiming Newark Days
Newark Days is an annual four-day festival held to commemorate the birthday of the City of Newark. The event is organized and run by a non-profit corporation ("Newark Days Celebration, Inc.") that consists of dedicated community volunteers known to the community as the "Newark Days Committee." A proclamation has been prepared and members of the Newark Days Committee will accept it at the City Council meeting.

Attachments
Proclamation 1986
PROCLAMATION NO. 1986

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

NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim September 17-20, 2026, as

NEWARK DAYS
in Newark.

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

MICHAEL K. HANNON
Mayor
Item B. 4.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Introduction of employees
The following employees will be introduced at the City Council meeting:

Recreation and Community Services Director Alicia Day
Senior Management Analyst Deepa Iyer
Recreation Coordinator Gabriela Mendes
Item D. 1.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Bengil Ranillo, Accounting Assistant II
SUBJECT Approval of Audited Demands
Attachments
Audited Demands 07.09.26
Audited Demands 07.16.26
Audited Demands 07.23.26
Audited Demands 07.30.26
Audited Demands 08.06.26
Audited Demands 08.13.26
Audited Demands 08.20.26

Item D. 2.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Neetu Salwan, City Clerk
SUBJECT Approval of July 23, 2026, City Council Minutes Approval of the July 23, 2026, City Council Minutes for the special and regular meetings.

Attachments
Attachment 1: July 23 2026 Regular Meeting Minutes
Attachment 2: July 23 2026 Special Meeting Minutes
Thursday, July 23, 2026, Regular Meeting Draft Minutes Page 1 of 5

CITY OF NEWARK

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

DRAFT MINUTES
Thursday, July 23, 2026
7:00 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:03 p.m. Vice Mayor Jorgens, Council Members Grindall, and Little were present. Council Member Catancio was absent.

B. PRESENTATIONS

1. Proclamation for the Portuguese Fraternal Society of America Council No. 16 Holy Ghost Festival Mayor Hannon presented a proclamation to Lisa Mendes who accepted the proclamation on behalf of the Newark Holy Ghost President Valerie Sao.

2. Proclaiming Disability Pride Month
Mayor Hannon presented a proclamation to Executive Director Teresa Nold from Deaf Plus Adult Community and Alex Reyes, former appointee to the California State Council on Developmental Disabilities.

3. State Route 84 (SR-84) Intermodal Bus Facility Project Presentation Representatives from the Capitol Corridor Joint Powers Authority, Outreach Manager Maily Chu (HDR) and Engineering Lead David Loftus (HNTB), gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

C. PUBLIC COMMENT
Mayhews Landing resident Tom Pelc thanked staff for keeping the community informed and providing timely updates.

D. CONSENT CALENDAR
Council Member Grindall asked that Item No. D.2 be pulled for further discussion.

No one from the audience requested to speak.

Council Member Little moved, Council Member Grindall seconded, to approve Consent Calendar items D.1, D.3, D.4, D.5, and D.6., that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion was passed by the following votes: AYES: Grindall, Little, Jorgens, Hannon; ABSENT: Catancio.

Thursday, July 23, 2026, Regular Meeting Draft Minutes Page 2 of 5

1. Approval of Audited Demands

3. Adopt a Resolution Authorizing the City Manager to execute a Contractual Services Agreement with Browning-Ferris Industries of California, Inc. to procure SB 1383-compliant compost in an amount not to exceed $134,000 and to amend the 2026-2028 Biennial Budget Resolution No. 11878

4. Adopt a resolution establishing the Fiscal Year 2026-27 Tax Appropriations Limit Resolution No. 11879

5. Adopt a Resolution approving a budget amendment to the 2026-2031 Capital Improvement Plan and an agreement with Urban Planning Partners, Inc. to provide professional planning services in the not-to-exceed contract amount of $459,776
Resolution No. 11880

6. Adopt a resolution authorizing the City Manager to execute Task Order No.34 to the Joint Powers Agreement with the City of Fremont for paratransit services with Ride On Tri-City! in an amount not to exceed $189,642 and amend the Biennial Budget
Resolution No. 11881

NONCONSENT

2. Approval of City Council July 9, 2026 Regular Meeting Minutes Council Member Grindall pulled Item D.3 and requested a discussion regarding the preparation of City Council meeting minutes.

No one from the audience requested to speak.

Council Member Grindall moved, and Vice Mayor Jorgens seconded, to continue the item to the September 10 Council meeting. Staff will review prior Council meeting minutes and recommend an approach for preparing future Council meeting minutes. The motion was passed by the following votes: AYES: Grindall, Little, Jorgens, Hannon; ABSENT: Catancio.

E. PUBLIC HEARINGS

1. Hearing to consider property owners' objections and adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments Resolution No. 11882
City Manager Benoun provided introductory remarks and project background.

Maintenance Supervisor Dan Cianciarulo gave the report.

Mayor Hannon opened the public hearing.

No one from the audience requested to speak.

Mayor Hannon closed the public hearing.

The City Council asked clarifying questions.

Thursday, July 23, 2026, Regular Meeting Draft Minutes Page 3 of 5 Vice Mayor Jorgens moved, Council Member Little seconded, to adopt a resolution confirming the Superintendent of Streets' Report concerning weed abatement assessments. The motion was passed by the following votes: AYES: Grindall, Little, Jorgens, Hannon; ABSENT: Catancio.

2. Hearing to consider adoption of a resolution approving amendments to the Master Fee Schedule for Fiscal Year 2026-27
Resolution No. 11883
City Manager Benoun gave the report.

Mayor Hannon opened the public hearing.

No one from the audience requested to speak.

Mayor Hannon closed the public hearing.

Council Member Little moved, Vice Mayor Jorgens seconded, to adopt a resolution approving amendments to the Master Fee Schedule for Fiscal Year 2026-27. The motion was passed by the following votes: AYES: Grindall, Little, Jorgens, Hannon; ABSENT: Catancio.

3. Hearing to consider a Call for Review of the Planning Commission’s approval of a Conditional Use Permit (U2026-002) for a temporary commercial entertainment, Fear Overload Haunted House, at NewPark Mall located at 2086 Newpark Mall, Suite #1149 (APN 901-111-25) and consider adopting a resolution affirming the Planning Commission's action with changes or, in the alternative, consider adopting a resolution overturning the Planning Commission's action Resolution No. 11884
Mayor Hannon opened the public hearing.

No one from the audience requested to speak.

Mayor Hannon closed the public hearing.

Council Member Grindall explained why he called the item for review.

The City Council engaged in discussion and asked clarifying questions.

Vice Mayor Jorgens moved, Council Member Little seconded, to affirm the Planning Commission’s decision to approve the Conditional Use Permit without any modifications to the Project approval.

The motion was passed by the following votes: AYES: Little, Jorgens, Hannon; NOES: Grindall; ABSENT: Catancio.

F. OTHER BUSINESS

1. Adopt a Resolution Of The City Council Of The City Of Newark Calling An Election To Be Held On November 3, 2026, For Voter Consideration Of A Ballot Measure Seeking Voter Authorization To Repeal And Replace Chapter 5.04 Of The Newark Municipal Code To Amend The Current Business License Ordinance; Establishing Policies And Procedures In Connection With Such An Election; Requesting The Board Of Supervisors Of The County Of Alameda To Consolidate The Election With The General Election To Be Held On November 3, 2026; Requesting Certain Services Of The Registrar Of Voters Of Alameda County With Respect To The Consolidated General Municipal Election; And Providing For Submittal Of Ballot Arguments And Rebuttals And Authorizing The Filing Of An Impartial Analysis
Item F.1 was presented at the July 23, 2026, Special City Council Meeting.

Thursday, July 23, 2026, Regular Meeting Draft Minutes Page 4 of 5

2. Adopt a resolution authorizing the City Manager to execute the Second Amendment to the Park Agreement for the FMC Willow and Grand Park Project at 8787 Enterprise Drive (APNs 537-0852- 001-08, 537-0852-002-009, & 092-0100-005).

Item F.2 was presented at the July 23, 2026, Special City Council Meeting.

3. Resolution to Amend the Affordable Housing Obligation Satisfaction Agreement for the Willow and Harbor Pointe Projects to Extend the Completion Deadline and Change the Affordability Unit Mix.

Item F.3 was presented at the July 23, 2026, Special City Council Meeting.

G. CITY MANAGER UPDATES
City Manager Benoun announced:

1. Groovin’ at the Grove: The free event will be held Friday, July 10, from 5:00 to 7:30 p.m. at Shirley Sisk Grove, featuring live music by Zebop and community activities.

2. National Night Out: The event will be held Tuesday, August 4, from 6:30 to 9:00 p.m. The nationwide event brings residents and law enforcement together to strengthen community partnerships and promote crime prevention. Residents are encouraged to host block parties, neighborhood gatherings, or community events. Registration closes Friday, July 24. Registered events may receive visits from police personnel, giveaways, and other resources.

3. Missing Middle Housing: A Planning Commission study session will be held July 28 at 7:00 p.m. in the Council Chambers regarding opportunities to expand housing options in Newark. Missing middle housing is a component of the City's Housing Element, with recommendations anticipated to be presented to the Planning Commission later this year and subsequently to the City Council.

4. Silliman Aquatic Center: The center will be closed August 3 through August 7 for scheduled maintenance and will reopen August 8. The lazy river and water slides will remain closed after August 7 for ongoing maintenance.

5. 2026 General Municipal Election: The nomination period for the November 3, 2026, General Municipal Election closes August 7. The offices on the ballot include one Mayor seat for a two-year term and two Council Member seats for four-year terms. Candidates are required to schedule an appointment with the City Clerk to obtain nomination papers. Additional election information is available on the City's website.

6. Shape Newark’s Parks and Open Spaces: Residents were encouraged to complete a survey for the Parks, Recreation, and Open Space Element update. The survey is available in multiple languages and closes August 7.

7. CERT Training: Emergency preparedness training will be held on September 9 from 7:30 p.m. to 9:00 p.m. and will focus on planning for pets during emergencies. It is offered in person and through Zoom.

8. Emergency Preparedness Trainings: Free training sessions beginning August 12 from 7:30 p.m. to 9:00 p.m. on personal preparedness, CPR, and fire extinguisher use will be held at the Newark Thursday, July 23, 2026, Regular Meeting Draft Minutes Page 5 of 5 Library. Residents are encouraged to register through the library's website.

9. CERT Open House: The CERT Open House will be held September 12 from 9:00 a.m. to 12 noon at Alameda County Fire Station 27 on Cherry Street. Residents will have an opportunity to meet CERT volunteers, learn about the program, and learn how to support the community during an emergency.

H. CITY COUNCIL MATTERS

1. Appoint Delegate/Alternates to the 2026 League of California Cities Annual Conference and Expo City Council Matters were presented at the July 23, 2026, Special City Council Meeting.

I. CLOSED SESSION
None.

J. ADJOURNMENT
Mayor Hannon adjourned the meeting at 8:14 p.m.
_____________________________
Neetu Salwan, City Clerk
Thursday, July 23, 2026, Special Meeting Draft Minutes Page 1 of 3

CITY OF NEWARK

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

DRAFT MINUTES
Thursday, July 23, 2026
8:15 P.M.

A. ROLL CALL
Mayor Hannon called the meeting to order at 8:15 p.m. Vice Mayor Jorgens, Council Members Grindall, Catancio and Little were present.

B. GENERAL BUSINESS / NON-CONSENT ITEMS

1. Adopt a resolution authorizing the City Manager to execute the Second Amendment to the Park Agreement for the FMC Willow and Grand Park Project at 8787 Enterprise Drive (APNs 537- 0852-001-08, 537-0852-002-009, & 092-0100-005).

Resolution No. 11886
City Manager Benoun provided introductory remarks and project background.

Senior Planner Carmelisa Lopez gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

The City Council engaged in discussion and asked clarifying questions.

Mayor Jorgens moved, Council Member Grindall seconded, to adopt a resolution authorizing the City Manager to execute the second amendment to the Park Agreement for the FMC Willow and Grand Park Project at 8787 Enterprise Drive (APNs 537-0852-001-08, 537-0852-002-009, & 092- 0100-005). The motion passed, 5 AYES.

2. Resolution to Amend the Affordable Housing Obligation Satisfaction Agreement for the Willow and Harbor Pointe Projects to Extend the Completion Deadline and Change the Affordability Unit Mix Resolution No. 11887
City Manager Benoun provided introductory remarks and project background.

Housing Policies and Programs Manager Michael Coulom and Assistant Planner Yvonne Huynh gave the presentation. The presentation is on file with the City Clerk.

No one from the audience requested to speak.

The City Council engaged in discussion and asked clarifying questions.

Vice Mayor Jorgens moved, Council Member Grindall seconded, to adopt amend the Affordable Housing Obligation Satisfaction Agreement for the Willow and Harbor Pointe Projects to extend the completion deadline and change the Affordability Unit Mix. The motion passed, 5 AYES.

Thursday, July 23, 2026, Special Meeting Draft Minutes Page 2 of 3

3. Adopt a Resolution Of The City Council Of The City Of Newark Calling An Election To Be Held On November 3, 2026, For Voter Consideration Of A Ballot Measure Seeking Voter Authorization To Repeal And Replace Chapter 5.04 Of The Newark Municipal Code To Amend The Current Business License Ordinance; Establishing Policies And Procedures In Connection With Such An Election; Requesting The Board Of Supervisors Of The County Of Alameda To Consolidate The Election With The General Election To Be Held On November 3, 2026; Requesting Certain Services Of The Registrar Of Voters Of Alameda County With Respect To The Consolidated General Municipal Election; And Providing For Submittal Of Ballot Arguments And Rebuttals And Authorizing The Filing Of An Impartial Analysis
Resolution No. 11885
City Manager Benoun gave the presentation. The presentation is on file with the City Clerk.

Lily Mei, incoming President and CEO of the Newark Chamber of Commerce, expressed the Chamber's support for the proposed Business License Tax (BLT) modernization.

The City Council engaged in discussion and asked clarifying questions.

Mayor Hannon conducted an informal poll of the Council. Mayor Hannon, Vice Mayor Jorgens, and Council Members Grindall, Catancio, and Little supported the option of lowering the General/Retail tax rate.

Council Member Jorgens moved, Council Member Little seconded to adopt the resolution as is including direction for the Mayor to prepare the argument in favor of the measure and the rebuttal argument; amend the ballot question statement by changing the referenced amount from $6.8 million to $6.6 million; and insert the preferred tax rate for the General Retail and restaurants category under the proposed ordinance as 0.0003, replacing the blank placeholder. The motion passed by the following vote: AYES: Catancio, Little, Jorgens, Hannon; NOES: Grindall.

C. CITY MANAGER UPDATES
City Manager Updates were presented at the July 23, 2026, Regular City Council Meeting.

D. CITY COUNCIL MATTERS
Council Member Catancio shared that the American Cancer Society’s Walk for Life, also known as Relay for Life of the East Bay, will be held on Saturday, August 15, at Newark Community Center Park and encouraged residents to shop Newark.

Council Member Little shared the upcoming First Annual Recreation, Sports, and Wellness Fair on August 29 at the Newark Library which will also celebrate the fifth anniversary of the library, gave a shout out for CERT training efforts, expressed excitement about plans for a pop-up roller skating rink, and encouraged the public to donate blood.

Council Member Grindall noted that school will have started by the time the Council returns from recess and wished students an enjoyable back-to-school.

Council Member Jorgens shared the history of Newark’s Portuguese community and the Portuguese Fraternal Society of America Council No. 8, recognizing its contributions and the 103rd Holy Ghost Festival. He thanked the Portuguese community for its continued impact on Newark.

Thursday, July 23, 2026, Special Meeting Draft Minutes Page 3 of 3 Mayor Hannon shared that the Newark Optimist Club, in partnership with the Newark Rotary Club, will host a garage sale this Saturday. The public is invited to attend, purchase secondhand items, and/or make donations. Mayor Hannon thanked staff for their work on affordable housing efforts in Newark, recognized the importance of addressing housing challenges throughout the Bay Area, wished his grandson Harrison a happy first birthday, and expressed appreciation for the upcoming August recess.

1. Appoint Delegate/Alternates to the 2026 League of California Cities Annual Conference and Expo The City has an opportunity to appoint a delegate to the League of California Cities Annual Conference and Expo on September 23–25, 2026, at the Anaheim Convention Center. Council Member Grindall has requested that he be the City’s delegate at the General Assembly.

No one from the audience requested to speak.

Council Member Jorgens moved, Mayor Hannon seconded, to appoint Council Member Grindall as delegate to the League of California Annual Conference and Expo. The motion passed, 5 AYES.

E. ADJOURNMENT
Mayor Hannon adjourned the meeting at 10:15 p.m.
_____________________________
Neetu Salwan, City Clerk
Item D. 3.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT Adopt a resolution amending the Compensation and Benefits Plans for the Management, Supervisory and Professional Employee Group and the Confidential Employee Group to clarify special assignment pay provisions
SUMMARY AND RECOMMENDATION
The City Council previously adopted Compensation and Benefits Plans establishing the wages, benefits, and other terms and conditions of employment for employees in the Management, Supervisory and Professional Employee Group and the Confidential Employee Group (the "Plans"). Staff prepared proposed amendments to the Plans to provide for special assignment pay as previously intended. The relevant section of the Plans is currently titled “Acting/Special Assignment Pay”. However, the operative language addressed only acting pay and bilingual assignment pay and did not separately describe the eligibility and authorization requirements for special assignment pay.

The proposed amendments are intended to accurately reflect the City’s original intent that eligible employees may receive special assignment pay when temporarily assigned significant additional, specialized, or complex responsibilities outside or substantially exceeding the normal scope of their classifications.

Staff recommends that the City Council adopt a resolution amending the Compensation and Benefits Plans for the Management, Supervisory and Professional Employee Group and the Confidential Employee Group to clarify the provisions governing acting pay, special assignment pay, and bilingual assignment pay.

BACKGROUND
The City Council previously adopted the Plans establishing the wages, benefits, and other terms and conditions of employment for employees in the Management, Supervisory and Professional Employee Group and the Confidential Employee Group.

The Plans included a section titled “Acting/Special Assignment Pay.” As indicated by the title, the City intended for the section to address compensation for both acting assignments and special assignments. The section also included provisions governing bilingual assignment pay.

However, the language adopted within the section expressly outlined only acting pay and bilingual assignment pay. It did not include separate provision describing when an employee may be eligible for special assignment pay, how the amount of the pay is determined, or the approval and documentation required for a special assignment.

This omission was inadvertent and resulted in the text of the plans not fully reflecting the intent expressed in the section title.

DISCUSSION/ANALYSIS
The proposed resolution corrects an inadvertent omission in the Plans.

Although the section is titled “Acting/Special Assignment Pay,” the adopted language addressed only acting pay and bilingual assignment pay. The proposed amendments add the intended special assignment pay provisions for employees temporarily assigned significant additional, specialized, or complex duties outside the normal scope of their classifications. Executive Team members are not eligible to receive Special Assignment Pay.

Special assignment pay may be awarded at five percent (5%) above base salary and requires written approval by the City Manager or designee. No changes are proposed to acting pay or bilingual assignment pay.

FISCAL IMPACT
Approval of the proposed resolution does not, by itself, grant special assignment pay to any employee or create an immediate fiscal impact.

Any future special assignment pay would require an eligible temporary assignment, written departmental recommendation, and approval by the City Manager or designee.

Associated costs would be absorbed within the applicable department’s approved budget unless a separate budget adjustment is presented to the City Council.

STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery REVIEW AND APPROVAL
Prepared by - Brittney Frye, Human Resources Director
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Special Assignment Pay Resolution Comp and Ben Plan Amendment Exhibit A: MSP Compensation and Benefit Plan Redline
Exhibit B: Confidential Compensation and Benefit Plan Redline RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AMENDING THE COMPENSATION AND

BENEFIT PLANS FOR THE MANAGEMENT, SUPERVISORY,

AND PROFESSIONAL EMPLOYEE GROUP AND THE

CONFIDENTIAL EMPLOYEE GROUP TO CLARIFY SPECIAL

ASSIGNMENT PAY PROVISIONS
WHEREAS, the City has previously adopted Compensation and Benefit Plans establishing the wages, benefits, and other terms and conditions of employment for the Management, Supervisory, and Professional Employee Group and the Confidential Employee Group (collectively, the “Plans”); and
WHEREAS, the operative language of the Plans inadvertently omitted separate provisions describing eligibility for, the amount of, and the authorization required for Special Assignment Pay; and
WHEREAS, the City Council desires to clarify the Plans to provide for Special Assignment Pay as previously intended and provide for Special Assignment Pay in the amount of five percent (5%) over base salary for the duration of an eligible assignment, subject to written approval of the City Manager or designee.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council hereby approves and adopts the amendment to Section IV of the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group, substantially in the form attached hereto as Exhibit A and incorporated herein by this reference.

BE IT FURTHER RESOLVED that the City Council hereby approves and adopts the amendment to Section IV of the Compensation and Benefit Plan for the Confidential Employee Group, substantially in the form attached hereto as Exhibit B and incorporated herein by this reference.

EXHIBIT A

CITY OF NEWARK

COMPENSATION AND BENEFIT PLAN

FOR THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL EMPLOYEE GROUP JULY 1, 2025 THROUGH JUNE 30, 2028
Adopted: June 26, 2025
Resolution No. 11760, 11781
Attachments
A Management, Supervisory, and Professional Pay Plan
B General Leave Plan
C Police Chief Benefits
Section

TABLE OF CONTENTS
Page
I. Term 1
II. Salary Increase 1
III. Hours of Work 3
IV. Acting/Special Assignment Pay 4
V. Deferred Compensation 4
VI. Retirement Benefits 5
VII. Health and Welfare Programs 7
VIII. Life Insurance 10
IX. Educational Reimbursement 10
X. Travel Expense Reimbursement 12
XI. Recreation Benefits 12
XII. Proration of Holiday, General, & Bereavement Leave Accruals For Regular Part-Time Employees (RPT)
12 XIII. Management Leave 13
XIV. General Leave 13
XV. Sick Leave 13
XVI. Bereavement Leave & Reproductive Loss Leave 13
XVII. Holidays 14
Resolution No. 11760, 11781
1 COMPENSATION AND BENEFIT PLAN FOR THE MANAGEMENT,

SUPERVISORY, & PROFESSIONAL EMPLOYEE GROUP
I. TERM
This plan shall be in effect from July 1, 2025 through June 30, 2028.

II. SALARY INCREASE
The classifications listed below of management, supervisory, and professional personnel shall be compensated pursuant to the Management, Supervisory, and Professional Pay Plan as set forth in Attachment A attached hereto and incorporated herein by this reference.

Management, Supervisory, and Professional Classifications Classification
Accountant
Accounting Manager
Assistant to the City Manager
Assistant City Manager
Assistant Engineer-Civil
Assistant Maintenance Superintendent
Assistant Planner
Associate Civil Engineer
Associate Planner
Chief Building Official
Chief Information Officer/Information Technology Director (Dept Head)* City Clerk
City Engineer
Communications and Public Engagement Manager
Community Development Director (Dept. Head)*
Community Preservation Manager
Crime Analyst
Deputy Community Development Director
Deputy Economic Development Director
Deputy Finance Director
Environmental Services Manager
Facilities Supervisor
Finance Director (Dept. Head)*
Housing Policies and Programs Manager
Human Resources Director (Dept. Head)*
Information Technology Analyst
Junior Engineer-Civil
Maintenance Superintendent
Maintenance Supervisor
Management Analyst I/II
Plan Check Engineer
2 Planning Manager
Police Chief (Dept. Head)*
Principal Civil Engineer
Principal Planner
Public Works Director (Dept. Head)*
Recreation and Community Services Director (Dept. Head)* Recreation and Community Services Manager
Recreation Supervisor I/II
Senior Accountant
Senior Civil Engineer
Senior Information Technology Analyst
Senior Management Analyst
Senior Planner
Senior Recreation Supervisor
Strategic Initiatives Manager
Urban Forest Supervisor
*The Newark Executive Management Team, including all department heads and the Assistant City Manager are at-will positions.

Effective July 1, 2025, the total compensation salary ranges for management, supervisory, and professional classifications shall be increased four percent (4.0%). All regular management, supervisory, and professional employees shall receive a four percent (4.0%) salary increase.

Effective July 1, 2026, the total compensation salary ranges for management, supervisory, and professional classifications shall be increased three and one-half percent (3.5%). All regular management, supervisory, and professional employees shall receive a three and one-half percent (3.5%) salary increase.

Effective July 1, 2027, the total compensation salary ranges for management, supervisory, and professional classifications shall be increased three and one-half percent (3.5%). All regular management, supervisory, and professional employees shall receive a three and one-half percent (3.5%) salary increase.

Executive Management Team shall include the City Manager, the Assistant City Manager, the City Attorney and those classifications designated as Department Heads.

A. Police Chief Compensation: The Police Chief is not eligible to receive the salary increases outlined in Section II above and instead shall receive salary increases in Section II (B). The Police Chief will receive all benefits within this Compensation and Benefits Plan with the exception of benefits where the classification is expressly excluded. The Police Chief shall also receive all benefits outlined in Attachment C, Police Chief Benefits.

B. Effective July 1, 2025, the total compensation salary range for Police Chief shall be increased seven percent (7%).

Effective July 1, 2026, the total compensation salary range for Police Chief shall 3 be increased by five percent (5%).

Effective July 1, 2027, the total compensation salary range for Police Chief shall be increased by five percent (5%).

III. HOURS OF WORK
A. Full-time management, supervisory, and professional employees work forty (40) hours per week and as necessary. The Nine/Eighty (9/80) is the standard work schedule that equates to forty (40) hours per week in a two (2) week period.

Typically, an employee assigned to this work schedule will work nine (9) hours per day for four (4) days and one (1) day of eight (8) hours in one (1) week (fortyfour (44) hours) and then nine (9) hours per day for four (4) days in the next week thirty-six (36) hours). The City Manager may revise the standard work schedule upon reasonable notice.

B. City offices will be closed for business during the December holiday season. Nonessential employees, as determined by the City Manager, will participate in a four (4) day furlough. Employees may use general leave, management leave, or floating holidays during the furlough.

C. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

D. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) day salary advance. Repayment of a salary advance for the furlough may be spread over a period of time provided that:

1. the salary advance is submitted to payroll by June 1 preceding the furlough,

2. the salary advance is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furlough,

3. payments begin no earlier than July 1 of the impacted calendar year, and

4. the repayment plan is approved by the Finance Director, or designee prior to the furlough.

E. Alternatives to the nine/eighty (9/80) work schedule will be subject to the approval of the City Manager.
4 IV. ACTING, /SPECIAL ASSIGNMENT, AND BILINGUAL PAY
A. Acting Pay
Management, supervisory, and professional employees are eligible for premium pay of five percent (5%) over base salary or the bottom of the higher classification, whichever is greater, while acting in a higher classification when assigned and prescribed by the City Manager. An employee shall not receive an increase that is higher than the top of the range of the higher classification.

B. Special Assignment Pay
An employee may be granted special assignment pay when temporarily assigned additional, specialized, or complex duties that are outside or substantially exceed the normal scope of the employee’s classification, they require a substantially greater level of responsibility, skill, knowledge, coordination, or accountability; and they do not constitute substantially all of the duties of a higher classification and therefore do not qualify for acting pay.

Special assignment pay may be granted in an amount of five percent (5%) over base salary for the duration of the assignment and requires written approval of the City Manager or designee.

Members of the Newark Executive Management Team, as defined in Section II, are excluded from receiving special assignment pay.

C. Bilingual Pay
The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100.00) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part-time employees scheduled to work twenty to twenty-five (20-25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522.

V. DEFERRED COMPENSATION
A. The Newark Executive Management Team shall receive and participate in the following Deferred Compensation 401(a) Plan provisions:

1. The Employer shall contribute on behalf of each participant six percent (6%) of their earnings for the Plan Year.

2. Each participant is required to contribute six percent (6%) of their earnings for the Plan Year as a condition of participation.

Said participant contribution shall be included in total compensation for the purpose of computation in the Public Employees Retirement System.

B. ICMA-RC VantageCare Retirement Health Savings (RHS) plan. 5 C. Implementation of Section 414(h)(2) of the United States Internal Revenue Code (IRC).

1. Pick-up of Employee Contributions
a. Pursuant to the provisions of this Agreement, the City shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the IRC of the United States. Such contributions are being made by the City in lieu of employee contributions.
b. Employee contributions made under paragraph a. shall be paid from the same source of funds as used in paying the wages to affected employees.
c. Employee contributions made by the City under paragraph a. shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.
d. The employee does not have the option to receive the City's contributed amount paid pursuant to this Agreement directly instead of having it paid to the retirement system.

2. Wage Adjustment
Notwithstanding any provision in the current agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the City pursuant to the provisions hereof.

3. Limitations to Operability
Section V. C. shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from the gross income of the employee under the provisions of the IRC.

VI. RETIREMENT BENEFITS
A. All Management employees who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

B. The City shall continue to provide to all non-sworn Classic management employees a retirement formula known as two and one-half percent at fifty-five (2.5% at 55) together with single year highest compensation, pre-retirement optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 Survivor Benefit options of the CalPERS pension plan. NonSworn Classic Members continue to pay the eight percent (8%) employee rate for 6 the two and one-half percent at fifty-five formula (2.5% at 55) plus continue to pay up to three and four hundred sixty-eight thousandths percent (3.468%) of an additional contribution in accordance with the following formula for a total tax deferred contribution of eleven and four hundred sixty-eight thousandths percent (11.468%).

Non-sworn Classic members will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Miscellaneous Plan employer actuarial rate for the two and one-half percent at fifty-five (2.5% at 55) retirement formula exceeds ten percent (10.00%) to a maximum of sixteen and nine hundred thirty-six thousandths percent (16.936%). In the event that the employer rate exceeds sixteen and nine hundred thirty-six thousandths percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty-six thousandths percent (16.936%). In subsequent years of the term of the agreement, if the rate over ten percent (10.00%) decreases, non-sworn Classic members’ matching percentage of salary will be reduced by the above formula. Employer rate reductions below ten percent (10.00%) will not be shared under the above formula.

The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan employer actuarial rate increases to ten percent (10.00%), each Classic non-sworn member would contribute zero (-0-) from their salary to pay for the retirement benefit. If the rate increases three percent (3.0%), each non-sworn Classic member would contribute half of the three percent (3.00%) increase , one and one-half percent (1.50%) from their salary to pay for the retirement benefit. The City would then be responsible for the matching one and one-half percent (1.50%). If the rate decreased by three percent (3.0%), the non-sworn Classic member would no longer contribute the additional one and one- half percent (1.50%)of their salary towards the employer rate to pay for the retirement benefit.

C. The City shall continue to provide to all sworn Classic employees a retirement formula known as three percent at fifty (3% at 50) together with single year highest compensation, military service credit for prior service, and the indexed level 1959 survivor benefit options of the CalPERS pension plan. Sworn Classic employees continue to pay the nine percent (9%) employee rate for the three percent at fifty (3% at 50) retirement formula plus continue to pay up to four percent (4%) of an additional contribution in accordance with the following formula for a current total pre-tax contribution of thirteen percent (13%).

Sworn Classic employees will contribute a matching percentage of salary in the form of an increase in employee contribution rate during the term of this agreement if the CalPERS Safety Plan employer actuarial rate for the three percent at fifty (3% at 50) retirement formula exceeds seventeen percent (17%) to a maximum of twenty-five percent (25%). In the event that the employer rate exceeds twenty-five percent (25%), the City shall be responsible for any increase 7 above twenty-five percent (25%). In subsequent years, if the rate over seventeen percent (17%) decreases, the sworn Classic employees matching percentage of salary in the form of the employee contribution rate will be reduced by the above formula. Employer rate reductions below seventeen percent (17%) will not be shared with sworn Classic employees under the above formula.

The following example is for illustrative purposes only:

If the CalPERS Safety Plan employer actuarial rate for the three percent at fifty (3% at 50) retirement formula increased from seventeen percent (17%) to twenty percent (20%) effective July 1, 2026, the sworn Classic members’ rate would increase from nine percent (9%) to ten and one-half percent (10.5%).

The City would then be responsible for the matching one and one-half percent (1.5%). If the rate decreased from twenty percent (20%) to eighteen percent (18%), the sworn Classic members’ rate would decrease by one percent (1%).

The members’ rate increase or decrease would be done through a contract amendment with CalPERS and the City.

D. The City shall provide to all non-sworn Management employees who were appointed on or after January 1, 2013 who are non-sworn PEPRA Members (as defined by CalPERS) a retirement formula known as two percent at sixty-two (2% at 62) in accordance with the Public Employees’ Pension Reform Act of 2013.

Non-sworn Management employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the two percent at sixty-two (2% at 62) plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate, non-sworn PEPRA Members will pay the same percentage of an additional contribution as non-sworn Classic Members pay.

The following is for illustrative purposes only:

If Classic Members pay three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate, PEPRA Members will pay a total of three and four hundred sixty-eight thousandths percent (3.468%) of the employer rate. If the employee rate for PEPRA Members is seven and seventy-five hundredths percent (7.75%), in this example PEPRA Members would pay the seven and seventy-five hundredths percent (7.75%) employee rate plus an additional three and four hundred sixty-eight thousandths percent (3.468%) towards the employer rate for a total of eleven and two hundred eighteen thousandths percent (11.218%).

E. The City shall provide to sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) a retirement formula known as two and seven tenths percent at fifty-seven (2.7% at 57) in accordance with the Public Employees’ Pension Reform Act of 2013.
8 Sworn employees who were appointed on or after January 1, 2013 who are PEPRA Members (as defined by CalPERS) will contribute half the normal cost of the two and seven tenths percent at fifty-seven (2.7% at 57) plan as required by the Public Employees’ Pension Reform Act of 2013.

In addition to paying the employee rate, sworn PEPRA Members currently pay an additional contribution of one and one-half percent (1.5%) of the employee rate.

If CalPERS approves a contract amendment for the City of Newark that eliminates the one and one-half percent (1.5%) contribution the City agrees to amend its contract for sworn PEPRA Members accordingly
F. The City shall provide the one (1) year highest compensation option to Classic sworn and non-sworn members. The City shall provide the three (3) year average compensation requirement to PEPRA members as defined above.

VII. HEALTH AND WELFARE PROGRAMS
A. The contribution by the City toward monthly premiums for health and welfare programs of management, supervisory, and professional employees shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section C The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

B. The City agrees to maintain a cafeteria plan under Section 125 of the IRC. The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, City- administered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City agrees to meet with management, supervisory, and professional employees regarding the impact of such changes.

Effective for the 2025 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time and Regular Part-Time thirty to thirty-five (30-35) hour employees:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
9 For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $466 - $582
Employee + 1 Dependent: $931 - $1,164
Employee + 2 or more Dependents: $1,230 - $1,537
Effective for the 2026 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution.

For Regular Full-Time and Regular Part-Time thirty to thirty-five (30-35) hours employees:

Employee Only: $1,026
Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $513 - $641
Employee + 1 Dependent: $1,025 - $1,281
Employee + 2 or more Dependents: $1,353 - $1,691
Effective for the 2027 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time thirty to thirty-five (30-35) hours employees:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $539 - $673
Employee + 1 Dependent: $1,076 - $1,344
Employee + 2 or more Dependents: $1,421 - $1,776
Effective for the 2028 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular Full-Time and Regular Part-Time thirty to thirty-five (30-35) hour employees:
10 Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866
C. Cash-in-Lieu and Cafeteria Plan Cash Back
Regular full-time employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred fifty dollars ($450.00) cash-in-lieu of benefits, which includes the PEMCHA minimum per section VII.A above.

Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred fifty dollars ($450.00) per month of any money not used for the purchase of employer-offered benefits. Cash-in-lieu and cafeteria plan cash back will be paid to the employee in taxable compensation.

For Regular Part-Time employees working thirty to thirty-five (30-35) hours this amount will be three hundred thirty-eight dollars ($338.00) to three hundred ninetyfour dollars ($394.00). For Regular Part-Time Employees working twenty to twentyfive (20-25) hours this amount will be two hundred twenty-five dollars ($225.00) to two hundred eighty-one dollars ($281.00).

Regular full time employees in the Management, Supervisory, and Professional Employee Group, shall receive an allowance of up to one hundred dollars ($100.00) per month intended to be used towards the cost of health care premiums, long-term disability premiums, short-term disability premiums and/or reimbursement for medical, dental, vision, and prescription expenses.

Executive Management Team members enrolled in the ICMA VantageCare Retirement Health Savings (RHS) Plan will have their one hundred dollars ($100.00) monthly allowance automatically deferred to the RHS plan.

All regular part-time employees in the Management, Supervisory, and Professional Employee Group shall receive an allowance of up to seventy-five dollars ($75.00) for thirty to thirty-five (30-35) hours employees and up to fifty dollars ($50.00) for twenty to twenty-five (20-25) hours employees.
11 This allowance will be reported as taxable income and provided to employees based on the following criteria:

1. An employee must be in a paid status (on the payroll) in order to receive the allowance. During any unprotected leave of absence without pay, an employee is not eligible to receive the health care benefit allowance.

2. Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to or immediately following appointment.

3. When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata basis. To qualify for pro-rata pay, employees must serve fifty percent (50%) of the working days in the month.

VIII. LIFE INSURANCE
The City will provide City-paid life insurance coverage of fifty thousand dollars ($50,000.00) to each management, supervisory, and professional employee.

Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis.

IX. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager may authorize reimbursement up to one hundred percent (100%) of the cost for professional courses and programs that are directly related to the employee’s job, or which will prepare the employee for advancement or acceptance of greater responsibility. A certificate of completion or a passing course grade must be attained for reimbursement.

B. Plan and Agreement for a College Degree Program

1. In addition to job-related training, the City Manager may authorize reimbursement for up to ten thousand dollars ($10,000.00) of the cost for tuition fees and required text books for a college degree program directly related to the employee’s job which will prepare the employee for advancement or acceptance of greater responsibility provided that the employee attains a course grade of “C” or a passing grade as defined by the degree program if that requirement is higher than a “C” grade. 12 2. If an employee receives more than five thousand dollars ($5,000.00) during their term of employment with the City of Newark in a college degree program, the employee is required to sign an Educational Reimbursement Plan Agreement in order to qualify for and to participate in the Educational Reimbursement College Degree Program. The employee is then subject to the Educational Reimbursement Plan and Agreement for a College Degree Program as follows:
a. Employee will maintain employment with the City of Newark for a period of five (5) years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five (5) year employment period, employee warrants that they will reimburse to the City all money paid (up to ten thousand dollars ($10,000.00) under the Educational Reimbursement Plan as follows:
i. One hundred percent (100%) of money paid if the employee voluntarily leaves city employment in the first (1st) year after completion of the last class taken under the Educational Reimbursement Plan.
ii. Eighty percent (80%) of money paid if the employee voluntarily leaves city employment in the second (2nd) year after completion of the last class taken under the Educational Reimbursement Plan. iii. Sixty percent (60%) of money paid if the employee voluntarily leaves city employment in the third (3rd) year after completion of the last class taken under the Educational Reimbursement Plan. iv. Forty percent (40%) of money paid if the employee voluntarily leaves city employment in the fourth (4th) year after completion of the last class taken under the Educational Reimbursement Plan. v. Twenty percent (20%) of money paid if the employee voluntarily leaves city employment in the fifth (5th) year after completion of the last class taken under the Educational Reimbursement Plan. vi. After five (5) years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

3. To qualify for the Educational Reimbursement College Degree Program, degree program courses must be received from an accredited institution as identified on the U.S. Department of Education’s List of Nationally Recognized Accrediting Agencies or the Council for Higher Education Accreditation’s (CHEA) List of Participating and Recognized Organizations.
13 X. TRAVEL EXPENSE REIMBURSEMENT
A. Management, supervisory, and professional employees who do not receive a vehicle allowance shall be reimbursed for the use of their private vehicle on City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax Returns.

B. Certain management, supervisory, and professional employees designated by the City Manager shall be provided a vehicle allowance in the amount of four hundred dollars ($400.00) per month. Management, supervisory, and professional employees who receive a vehicle allowance shall be reimbursed for the use of their private vehicle for City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax Returns for travel in excess of two hundred (200) miles per month.

C. Executive management employees shall receive a vehicle allowance in the amount of four hundred dollars ($400.00) per month and will be reimbursed for the use of their private vehicle for City business at the rate prescribed by the Internal Revenue Service for Personal Income Tax returns for travel in excess of two hundred (200) miles per month.

XI. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (26) years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.

Employees, their spouses or registered domestic partners, and their children and grandchildren twenty-six (26) years of age and under, will receive resident rates for class registration and facility rentals.

XII. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE ACCRUALS

FOR REGULAR PART-TIME EMPLOYEES (RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on the actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (4.8) hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.
14 XIII. MANAGEMENT LEAVE
The City Manager, upon the recommendation of the Department Head, will establish an annual allocation of up to forty (40) hours of management leave per fiscal year for each eligible member of the Management, Supervisory, and Professional Employee Group in recognition of the extra hours of work required of this employee group for which compensation in the form of overtime pay is not provided. The City Manager may authorize up to an additional sixteen (16) hours of management leave. Management leave may be used for leave purposes only and cannot be converted to pay or carried over from one fiscal year to another.

Management leave must be taken prior to separation.

Regular part-time employees may be granted management leave proportionally to their assigned work hours as recommended by the Department Head with approval by the City Manager.

XIV. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to the Compensation and Benefit Plan as Attachment B.

XV. SICK LEAVE
Each eligible management, supervisory, and professional employee shall have a sick leave bank in which that employee may accrue and use sick leave credits pursuant to the General Leave Plan. Sick leave credits may be used toward early retirement under the Public Employees' Retirement System plan.

XVI. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Bereavement Leave
Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a spouse, registered domestic partner, sibling, parent, stepparent, grandparent, grandchild, grandparent-in-law, parent-in- law, sibling-in-law, , child-in-law, of an employee.

A maximum of eighty (80) hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s 15 spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve-month period.

Regular part-time employees shall be eligible for prorated Bereavement and Reproductive Loss Leave as described in Section XII and listed below:

Work Schedule Prorated Bereavement Leave
30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
XVII. HOLIDAYS
A. Regular Employees
The following days shall be recognized as municipal holidays for pay purposes for regular full-time and regular part-time management, supervisory, and professional employees:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
• Last Monday in May, Memorial Day
• June 19, Juneteenth
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day December 25, Christmas Day • Two floating Holidays, to be scheduled subject to department head approval
Regular full-time employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

The floating holidays must be scheduled and used during the fiscal year.

If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holiday during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holidays beginning July 1, of the next fiscal year. 16 Holidays shall not be carried over from one fiscal year to another. Upon separation, an unused holiday cannot be converted to cash.

With the continuation of the nine/eighty (9/80) bi-weekly work schedule, Closed Holiday Credits and debits will be calculated for each employee by Payroll and will be funded in the employee’s Floating Holiday Bank on July 1 of the current fiscal year.

Closed Holiday Credits are subject to all the benefits and restrictions of a Floating Holiday. They have no cash value and cannot be carried over from one fiscal year to the next fiscal year. If the employee separates from service before the end of the fiscal year, no further adjustments in the Closed Holiday Credits will be made.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

B. Regular Part-Time Employees
Upon completion of one thousand forty (1,040) work hours or one (1) year of continuous active service, whichever occurs first, regular part-time management, supervisory, and professional employees shall be eligible for prorated holidays in accordance with Section XII and as listed below:

Work Schedule
30-35 work hours
20-25 work hours
Holiday Pay
6-7 hours per holiday
4-5 hours per holiday
17 ATTACHMENT A

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL PAY PLAN
This Management, Supervisory, and Professional Pay Plan applies to all regular management, supervisory, and professional, classifications:

I. POLICY
The City's policy for management, supervisory, and professional salaries is to establish and maintain a general salary structure based on marketplace norms and internal job alignment, which provides flexibility to reward management, supervisory, and professional personnel based on performance. Structures, ranges and salary steps will be reviewed annually and updated as necessary based on the market conditions, internal relationships, and City’s financial condition.

Individual salary adjustments will be considered by the City Manager based on (1) performance factors and overall contribution to management of the City; (2) pay structure adjustments; and (3) City’s financial condition.

II. ADMINISTRATION
The City Manager shall be accountable to the City Council for the overall administration of the Management, Supervisory, and Professional Pay Plan and will report on such administration annually or more often, as requested.

Department heads are responsible for recommending to the City Manager salary adjustments for employees within their departments who are covered by the Plan.

The City Council shall consider the necessary adjustment of management, supervisory, and professional salary ranges annually. In determining plan adjustments, the City Council shall consider such matters as changes in the cost of living, other salary changes such as those arrived at through negotiations with recognized employee groups, compression between this employee group and subordinate class ranges and the competitive position of the City in recruitment and retention of management, supervisory, and professional personnel.

The overall salary structure, supporting administrative policies, and assignment of classifications to salary ranges will be reviewed annually by the City Manager with appropriate reporting to the City Council relative to the status of the program. 18 III. BASIC PLAN ELEMENTS
A. Structure:

Management Classifications: The Management, Supervisory, and Professional Employee Group Pay Plan for management positions consists of thirty (30) salary ranges which provide an approximate spread of twenty percent (20%) between the minimum and maximum amounts and a differential of approximately five percent (5%) between the maximum of the ranges descending from the maximum amount established for Range No. thirty (30).

All management classifications will be assigned an appropriate pay grade based on salary survey data and internal relationships.

B. Supervisory and Professional Classifications: For supervisory and professional classifications, the Pay Plan consists of specific predetermined "salary steps". Each classification shall have five (5) salary steps, with an approximate five percent (5%) differential between each salary step.

As needed competitive marketplace studies will be made which will focus on general salary trends for groups of management, supervisory, and professional positions. Periodically, studies will more specifically include position-by-position comparisons using marketplace and internal relationship data. Depending on the results of these studies, the entire pay grade structure may be adjusted or individual positions may be reassigned to different salary ranges. Such assignment will only affect the salary administration framework. No individual salaries will be automatically changed because of structural adjustments.

C. Performance Appraisal. All management, supervisory, and professional personnel shall have their performance reviewed at least once each fiscal year, generally coinciding with the employee’s anniversary date. All individual salary adjustments, including those within a salary range and those made to progress through the pre-determined salary steps, shall be based on performance and require an up-to-date performance evaluation to be considered for a salary adjustment. The performance review program provides a planned and orderly means of evaluating individual performance in relation to areas of accountability and program responsibilities. The performance review document and the salary adjustment, either within a salary range or to progress through salary steps, recommended by the department head should be forwarded to the City Manager for consideration and final approval.

D. Adjustments based on Management Range Movement. Adjustments to salary ranges may occur to reflect cost-of-living changes, labor market conditions, and parity to avoid compression with non-management, supervisory, and 19 professional position classifications. The City Manager may grant an upward adjustment in an individual's salary in any amount up to an amount equal to the adjustment in the salary range or the City Manager may maintain an individual salary at present level. An adjustment of individual salaries is not required by a change in the salary range to which the position is assigned except to maintain the minimum salary for the range.

E. Meritorious Performance Adjustment for Management. An employee shall be eligible to receive one (1) merit increase per twelve (12) month period if the employee's performance is deemed to be at a satisfactory level or above. A meritorious performance adjustment would be in addition to any adjustment based on range movement. Such an increase shall be up to five percent (5%), the exact percentage being determined by the City Manager based on an evaluation of the degree of meritorious service and overall contribution to management of the City.

Salary adjustments more frequently than once each twelve (12) month period, but not more than once each six (6) month period may be approved by the City Manager for the following reasons:

1. An employee's salary is below the midpoint of the range and the employee has experienced substantial growth in their position representing an increased value to the City.

2. An employee has demonstrated outstanding performance or made an exceptional contribution to the City.

Whenever an employee receives a six (6) month meritorious performance adjustment, the employee's anniversary date will change pursuant to the Personnel Rules and Regulations.

F. Special Adjustment for Management. The City Manager may authorize salary adjustments up to ten percent (10%) per fiscal year within the assigned salary range for the following reasons:

1. An employee's performance consistently exceeds the scope and expectations of their classification as determined by the City Manager.

2. Competitive labor market conditions warrant an adjustment.

3. An employee's overall contribution and value to the City as determined by the City Manager warrants an adjustment.
20 ATTACHMENT B

GENERAL LEAVE PLAN FOR

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL EMPLOYEE GROUP I. DEFINITION
General Leave is compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation.

Management Leave shall remain separate from General Leave.

II. APPLICABILITY
The General Leave Plan shall apply to regular full-time employees in the Management, Supervisory, and Professional Employee Group. Regular part- time employees in the Management, Supervisory, and Professional Group shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an RPT employee with one (1) year of City service who works thirty-five (35) hours per week will receive one hundred sixty-one (161) hours of general leave per year. An RPT employee with one (1) year of City service who works twenty-four (24) hours per week will receive one hundred ten and four-tenths (110.4) hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

For payroll implementation, hours/accruals in excess of those based on a twenty (20) or thirty (30) hour workweek will be reimbursed to RPT employees on a quarterly basis until the process is automated.

III. GENERAL LEAVE CREDITS
A. Regular Full-Time Employees
Eligible regular full-time employees shall be entitled to the following annual accrual.

Years of Completed Service RFT Leave Accrual
1 through 9 184 hours
10 through 14 224 hours
15 through 19 240 hours
20 or more 264 hours
B. General Leave shall be accrued in hours on a semi-monthly basis. 21 C. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the ninetieth (90th) day of employment, regular employees shall be eligible to earn General Leave credits.

Upon the completion of said period of service, regular full-time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of seven and sixty-six hundredths (7.66) working hours, semi-monthly for the remainder of the first year and as provided in Subsection A, Section III, above.

E. Maximum Accumulation: Regular Full-time employees may accumulate General Leave credits according to the following schedule:

Years of Completed Service Maximum Accrual
1 through 9 368 hours
10 through 14 448 hours
15 through 19 480 hours
20 or more 528 hours
F. Regular Part-Time Employees
Beginning on the ninetieth (90th) day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and as follows:

Years of Complete 20-25 hour 30-35 hour
Completed Service Leave Accrual Leave Accrual
1 through 9 92-115 hours 138-161 hours
10 through 14 112-140 hours 168-196 hours
15 through 19 120-150 hours 180-210 hours
20 or more 132-165 hours 198-231 hours
G. Maximum Accumulation: Regular Part-time employees may accumulate General Leave credits according to the following schedule:

Years of 20-25 hour 30-35 hour
Completed Service Maximum Accrual Maximum Accrual
1 through 9 184-230 hours 276-322 hours
10 through 14 224-280 hours 336-392 hours
15 through 19 240-300 hours 360-420 hours
20 or more 264-330 hours 396-462 hours
22 When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a quarterly basis.

Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

Effective August 2, 2025, the Police Chief will be excluded from the Rollover Leave Bank. When the Police Chief reaches the maximum amount of General Leave credits listed in Section III(E) they will cease earning General Leave credits.

Any General Leave Credits remaining in the Police Chief Rollover Leave Bank on August 2, 2025 will be cashed out.

Exceptions to the maximum accrual limits may be approved by the City Manager under special circumstances. Requests to exceed maximum accrual limits must be submitted through the Department Head to the City Manager prior to reaching maximum accrual.

IV. GENERAL LEAVE IMPLEMENTATION
Unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.

B. Sick Leave Credits: All unused sick leave credits shall be maintained in a sick leave bank to be used in accordance with the provisions of the General Leave Plan. Accrued time in the sick leave bank shall not be compensated for in any manner except as used for sick leave or retirement service credit.

C. At time of conversion to General Leave, if vacation credits exceed General Leave accrual limit, a plan shall be developed to reduce converted vacation leave credits to the General Leave accrual limits within six (6) months. A longer period to reduce converted vacation leave credits may be approved by the City Manager under special circumstances.

V. GENERAL LEAVE USAGE
Request and Approval: Department Heads are responsible for arranging leave schedules so that adequate personnel are available to carry on city work. The use of General Leave shall require approval of the Department Head or their designee and shall be governed by the current Personnel Rules dealing with leaves unless specifically covered by this Plan document. Whenever possible, General Leave requests must be approved in advance of the days to be taken as General Leave.

The procedure for requesting the use of General Leave shall be as follows:

General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior 23 approval of the Department Head, or the employee's supervisor. The time and amount of General Leave to be taken for non- medical purposes shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the needs of the City.

A. General Leave (Medical): An unscheduled absence from work due to an employee's illness shall be referred to as General Leave for medical reasons.

The Department Head may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons. The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Department Head shall make the determination and final approval of unscheduled General Leave for medical reasons.

B. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, etc.) by notifying their supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by their supervisor.

Final approval for an unanticipated, unscheduled absence shall require Department Head approval. Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

C. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

D. Medical examination by the City's examining physician may be requested by the Human Resources Department after prolonged, serious, or repetitious illness, injury, or major surgery. An employee's return to duty following illness or injury is subject to the approval of the Department Head and Human Resources Director or designees based upon medical information supplied by the employee's physician and/or the City's physician.

E. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers' Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to make up the difference between the employee's regular pay and the amount payable to the employee as temporary disability payments from the Workers' Compensation Insurance Plan of the City.

F. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue the salary of employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement.
24 G. Sick Leave Bank: A sick leave bank shall be established for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account.

Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

H. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legally-protected leave, may use unused sick leave balances for absences due to further illness or injury prior to using further General Leave.

3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use of unused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee's General Leave usage.

VI. GENERAL LEAVE CONVERSION TO PAY
Section VI. General Leave Conversion to Pay does not apply to the Police Chief.

Police Chief General Leave Conversion to Pay benefits are outlined in Attachment C.

Police Chief Benefits.

By December 1 of each calendar year, eligible employees who want to cash out general leave in the following calendar year, shall make an irrevocable election for general leave buy-back in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may elect up to eighty (80) hours of general leave buy-back.
• For regular thirty (30) to thirty-five (35) hour part-time employees: The employee may elect up to sixty (60) to (70) hours of general leave buyback. • For regular twenty (20) to twenty-five (25) hour part-time employees: The employee may elect up to forty (40) to fifty(50) hours of general leave buy-back.
• To be eligible for general leave buy-back, the employee must have used 25 at least one-half of the vacation time accrued during the twelve (12) month period preceding December.
• Employees must have a minimum of ten (10) days (eighty (80) hours for full-time or prorated for part-time) remaining in general leave accruals at the time of buy-back.
• Employees must submit their General Leave Buy-Back Request Form to Payroll by the preceding December. This is an irrevocable election by the employee.

For example, to buy back general leave that is accrued in calendar year 2026, a fulltime employee must elect by December 1, 2025, the amount of hours they want to buy-back. The employee must have used a minimum of fifty percent (50%) of their accrued general leave between December 1, 2024 and November 30, 2025.

Employees must further ensure they will have at least ten (10) days of general leave accruals remaining at the time of the buy-back which will occur in December 2026.

The buy-back will be paid out in the last full pay period of December 2026.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave or the general leave buy-back program. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave or the general leave buy-back program.

VII. GENERAL LEAVE AT TERMINATION
A. An eligible employee whose employment with the City terminates shall be paid for any unused General Leave. Payment for unused General Leave shall be made at the hourly rate of pay in effect for such employee at the time of separation.

B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated.

Such designation shall be in writing, signed by the employee and filed with the Human Resources Department. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

VIII. HOLIDAYS DURING GENERAL LEAVE
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking General Leave, such employee shall not be charged as using General Leave for that day. The employee's compensation for that day shall be holiday pay
26 ATTACHMENT C

POLICE CHIEF BENEFITS
A. LONGEVITY PAY
Regular full-time employees in the classifications of Police Chief are eligible for longevity pay as follows:

Upon commencement of ten (10) years of service – two and one-half percent (2.5%) salary increase.

Upon commencement of fifteen (15) years of service – five percent (5.0%) salary increase.

Upon commencement of twenty (20) years of service – seven and one-half percent (7.5%) salary increase.

Longevity pay is computed on base compensation only. The maximum longevity pay premium is seven and one-half percent (7.5%) of salary for eligible employees.

For service to meet the requirements of longevity pay, it must meet all of the following criteria:
• Full-time sworn service in the classifications of Police Officer, Police Corporal, Police Sergeant, Police Lieutenant, Police Commander, Police Captain, and/or similar sworn position; in a public sector agency, including probationary time; and
• Active service (in a paid status) or approved leave without pay that qualifies for FMLA, CFRA, PDL, workers’ compensation or other protected leaves per state or federal law.

B. UNIFORM ALLOWANCE
The Police Chief shall receive a uniform maintenance allowance of one hundred dollars ($100.00) per month
C. EDUCATION INCENTIVE PAY
The Police Chief is eligible for the following education incentive pay:

Eligible employees meeting the below listed education requirements will receive an additional five percent (5%) above base salary:
27 • Bachelor's Degree, in conjunction with the successful completion of the following additional educational program:
o California Commission on Peace Officer Standards and Training (CA POST) Supervisory Course
Eligible employees meeting the below listed education requirements will receive an additional seven percent (7%) above base salary:
• Bachelor's Degree, in conjunction with the successful completion of the following additional educational program:
o CA POST Management Course
Eligible employees meeting the below listed education requirements will receive an additional ten percent (10%) above base salary:
• Bachelor's Degree, in conjunction with the successful completion of one (1) of the following additional educational programs:
o FBI National Academy
o CA POST Command College
o Master's Degree, Juris Doctorate or PhD
o Police Executive Research Forum Senior Management Institute for Police
o California Police Chief’s Association Executive Leadership Institute at Drucker
The City Manager may add equivalent programs to these lists as appropriate.

The Police Chief may only receive compensation for one (1) Education Incentive Program category. The maximum education incentive pay premium is ten percent (10%) above base salary.

D. GENERAL LEAVE CONVERSION TO PAY
Buy-Back: The Police Chief may request to receive pay, or elect equivalent deferral into one of the City sponsored deferred compensation plans within IRS limitations, for up to a total of one hundred sixty (160) hours of General Leave per calendar year [one hundred twenty to one hundred forty (120-140) hours for thirty to thirty-five (30-35) hour employees; eighty to hundred (80-100) hours for twenty to twenty-five (20-25) hour employees] in hourly increments at the current hourly salary rate.
28 By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year to be paid the first pay period each October, shall make an irrevocable election to cash out in the next calendar year, subject to the conditions set forth below:
• Must have a minimum of ten (10) days [eighty (80) hours for full-time or prorated for part-time) remaining in general leave accruals at the time of cash out.
• Must submit their General Leave Buy-Back Request Form to Payroll by December 1. This is an irrevocable election by the employee.

Resolution No. 11759

COMPENSATION AND BENEFIT PLAN

FOR THE

CITY OF NEWARK

CONFIDENTIAL EMPLOYEE GROUP
JULY 1, 2025 THROUGH JUNE 30, 2028
Adopted: June 26, 2025
Resolution No. 11759

TABLE OF CONTENTS
Section Page
I. Term 1
II. Salary Increase 1
III. Health and Welfare Programs 2
IV. Acting/Special Assignment Pay 5
V. Proration of Holiday, General, and Bereavement
Leave Accruals for Regular Part-Time Employees (RPT) 6
VI. Holidays 6
VII. Bereavement & Reproductive Loss Leave 8
VIII. General Leave 8
IX. Confidential Leave 9
X. Retirement Benefits 9
XI. Hours of Work 11
XII. Overtime 12
XIII. Educational Reimbursement 13
XIV. Recreation Benefits 14
XV. Implementation of Section 414(h)(2) of the
U.S. Internal Revenue Code 15

ATTACHMENTS
A Regular Full-Time / Part-Time Classifications
B General Leave Plan
1 COMPENSATION AND BENEFIT PLAN FOR THE

CONFIDENTIAL EMPLOYEE GROUP
I. TERM
This plan shall be in effect from July 1, 2025, through June 30, 2028.

II. SALARY INCREASE
A. General Salary Increase:

The salary ranges for all classifications shall be increased as follows:
a. Effective July 1, 2025, salary increase shall be four percent (4.0%) b. Effective July 1, 2026, salary increase shall be three and one-half percent (3.5%) c. Effective July 1, 2027, salary increase shall be three and one-half percent (3.5%) Confidential Group classifications shall be as set forth in Attachment A B. All active employees employed as of July 1, 2025, shall be eligible to receive an offsalary-schedule lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023.

C. In addition to II. B, above, and in recognition of their many years of service, all active employees who have fifteen (15) or more years of service and are employed as of July 1, 2025, shall be eligible to receive an off salary-schedule one-time lump sum payment of one thousand dollars ($1,000.00) to be paid the first full pay period in July 2025, or the first full pay period after City Council approval of this agreement, whichever is later. This one-time benefit is not reportable to CalPERS, consistent with the CalPERS “Off Salary-Schedule Pay” Circular Letter dated October 4, 2023. 2 III. HEALTH AND WELFARE PROGRAMS
A. Medical Insurance

1. The contribution by the City toward monthly premiums for health and welfare programs of Confidential Group employees shall be the Minimum Employer Contribution as determined by CalPERS for employers under the Public Employees’ Medical and Hospital Care Act (PEMHCA). In the event that an employee elects to waive participation in the Program, that amount will be paid to the employee as part of the Cash-in-Lieu benefit as provided below in Section 4 . The employee shall execute a waiver in the event the employee elects not to participate in the PERS Health Benefit Program or cancel participation after enrollment.

2. The City agrees to maintain a cafeteria plan under Section 125 of the Internal Revenue Code (IRC). The cafeteria plan allows employees to voluntarily reduce salary in an amount equal to the actual premiums for the PERS Health Plan, Cityadministered dental insurance and/or vision insurance as a before-tax conversion of salary. In the event of changes in law affecting the Flexible Benefit Plan, the City will consider the impact of such changes before making any modification to the Flexible Benefit Plan.

3. Effective for the 2025 plan year, the City shall contribute to each eligible employee’s cafeteria plan, an amount equal to the following, minus the Minimum Employer Contribution:

For Regular, Full-Time and Regular Part-Time Employees working thirty to thirty-five (30-35) hours:

Employee Only: $932
Employee + 1 Dependent: $1,862
Employee + 2 or more Dependents: $2,460
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

For Regular Full-Time and Regular Part-Time Employees working thirty to thirty-five (30-35) hours :

Employee Only: $1,026
3 Employee + 1 Dependent: $2,049
Employee + 2 or more Dependents: $2,706
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

For Regular Full-Time and Regular Part-Time employees working thirty to thirty-five (30-35) hours:

Employee Only: $1,077
Employee + 1 Dependent: $2,151
Employee + 2 or more Dependents: $2,842
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

For Regular Full-Time and Regular Part-Time employees working thirty to thirty-five (30-35) hours:

Employee Only: $1,131
Employee + 1 Dependent: $2,259
Employee + 2 or more Dependents: $2,985
For Regular Part-Time Employees working twenty to twenty-five (20-25) hours:

Employee Only: $566 - $707
Employee + 1 Dependent: $1,130 - $1,412
Employee + 2 or more Dependents: $1,493 - $1,866
4 4. Cash-in-Lieu and Cafeteria Plan Cash Back:

Regular full time and regular part time thirty to thirty-five (30-35) hour employees electing not to participate in the City’s cafeteria plan and waiving all medical, dental, and vision benefits, will receive four hundred fifty dollars ($450.00) “cashin-lieu” of benefits, which includes the PEMCHA minimum per Section III. A.1 above. Employees who participate in the cafeteria plan but who do not utilize the full benefit allowance, may receive up to four hundred fifty dollars ($450.00) per month of any money not used for the purchase of employer-offered benefits. Cashin-lieu and cafeteria plan “cash back” will be paid to the employee in taxable compensation.

For Regular Part-Time Employees working thirty to thirty-five (30-35) hours this amount will be three hundred thirty-eight dollars ($338.00) to three hundred ninety-four dollars ($394.00).

For Regular Part-Time Employees working twenty to twenty-five (20-25) hours this amount will be two hundred twenty-five dollars ($225.00) to two hundred eightyone dollars ($281.00).

5. All regular full-time employees in the Confidential Group shall receive an allowance of up to hundred dollars ($100) per month intended to be used towards the cost of health care premiums, long-term disability premiums, and/or reimbursement for medical, dental, vision, and prescription expenses. All regular part-time employees in the Confidential Group shall receive an allowance of up to seventy-five dollars ($75.00) for thirty to thirty-five (30-35) hour employees and up to fifty dollars ($50.00) for twenty to twenty-five (20-25) hour employees. This allowance will be reported as taxable income and provided to employees based on the following criteria:
i. An employee must be in a paid status (on the payroll) in order to receive the allowance. During any unprotected leave of absence without pay, an employee is not eligible to receive the health care benefit allowance. ii. Employees appointed to a classification covered by this Compensation Plan will be eligible for the health and welfare benefit on the first of the month coincident to or immediately following appointment.
iii. When an employee is terminated or in an unpaid leave status, the health and welfare benefit shall be paid on a monthly pro-rata. To qualify for pro- rata pay, the employee must serve fifty percent (50%) of the working days in the pro-rated month.

B. Life Insurance
The City shall provide fifty thousand dollars ($50,000.00) term life insurance coverage for all Confidential employees. Additional life insurance can be purchased at the employee’s option on an after-tax payroll deduction basis. 5 C. Short-Term Disability
The City shall continue to offer the State Disability Insurance (SDI) program.

Employees shall pay any costs associated with the SDI program.

IV. ACTING, / SPECIAL ASSIGNMENT, AND BILINGUAL PAY
A.Acting Pay
Employees may be assigned to perform the duties of a regular position in a higher classification on a temporary basis. Such assignments shall be termed "acting assignments" and shall be made subject to the following conditions:

1. Acting assignments shall be made by the department head only, with City Manager approval, and shall be made with written notification to the acting employee.

Acting assignments that fall within the definition of “out of class assignments” per Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) shall not exceed nine hundred sixty (960) hours in a fiscal year. For purposes of this section an “out of class assignment” is an appointment to an upgraded position or higher classification in a vacant position for a limited duration. For purposes of this section “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence.

2. Acting assignments shall be made only in those instances where the acting employee is required to perform all or substantially all of the duties and responsibilities of the higher level position for which the employee is acting.

3. Confidential employees will be eligible for premium pay of five percent (5%) over base salary or the bottom of the higher classification, whichever is greater while acting in a higher classification when assigned and prescribed by the department head, with City Manager approval. An employee shall not receive an increase that is higher than the top of the range of the higher classification.

4. For a planned absence, acting pay shall be effective the date the employee assumes the duties of the higher position, provided they are designated in writing by the department head either before or after the employee begins the acting assignment.

5. For an unplanned absence, acting pay shall be paid effective five (5) consecutive working days from the absence, provided that the employee is designated in writing by the department head to the acting assignment.

Nothing in this section shall preclude the temporary assignment of an employee to perform some of the duties of a higher classification for the purpose of providing training in the work of the higher classification. Such 6 temporary training assignment shall not constitute acting assignment within the meaning of this section.

It is understood that the provisions of this section shall not be interpreted as requiring the City to fill each temporary vacancy by an acting assignment.

B. SPECIAL ASSIGNMENT PAY
An employee may be granted special assignment pay when temporarily assigned additional, specialized, or complex duties that are outside or substantially exceed the normal scope of the employee’s classification, they require a substantially greater level of responsibility, skill, knowledge, coordination, or accountability; and they do not constitute substantially all of the duties of a higher classification and therefore do not qualify for acting pay.

Special assignment pay may be granted in an amount of five percent (5%) over base salary for the duration of the assignment and requires written approval of the City Manager or designee.

C.Bilingual Pay
The City agrees to pay regular full-time employees bilingual assignment pay of one hundred dollars ($100.00) per month. Regular part-time employees scheduled to work thirty to thirty-five (30-35) hours per week will receive bilingual assignment pay of seventy-five dollars ($75.00) per month and regular part- time employees scheduled to work twenty (20) to twenty-five (25) hours per week will receive bilingual assignment pay of fifty dollars ($50.00) per month. Eligibility for bilingual assignment pay shall be based on the provisions outlined in Administrative Regulation 0522.

V. PRORATION OF HOLIDAY, GENERAL, AND BEREAVEMENT LEAVE ACCRUALS FOR

REGULAR PART-TIME EMPLOYEES (RPT)
Regular part-time employees will receive prorated holiday, general, and bereavement leave accruals based on the actual hours worked or budgeted to work. For example, an RPT employee who works thirty-five (35) hours per week will receive seven (7) hours of pay per holiday. An RPT employee who works twenty-four (24) hours per week will receive four and eight tenths (4.8) hours of pay per holiday. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

VI. HOLIDAYS
A. Holiday
The following days shall be recognized as municipal holidays for pay purposes for regular full-time and regular part-time employees within the Confidential Employee Group:
• January 1, New Year's Day
• Third Monday in January, Martin Luther King, Jr. Day
• Third Monday in February, Presidents Day
7 • Last Monday in May, Memorial Day
• June 19, Juneteenth
• July 4, Independence Day
• First Monday in September, Labor Day
• November 11, Veterans Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• December 24, Christmas Eve Day December 25, Christmas Day • Two Floating Holidays, to be scheduled subject to department head approval
8 When any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

B. The floating holidays must be scheduled and used during the fiscal year.

C. If an employee’s hire date falls between July 1 and December 31, the employee will be eligible for the floating holidays during the current fiscal year. If an employee’s hire date falls between January 1 and June 30, the employee will be eligible for the floating holidays beginning July 1, in the next fiscal year.

D. Holidays shall not be carried over from one fiscal year to another. Upon separation, any unused holiday cannot be converted to cash.

E. Holiday Compensation
Regular full-time employees will receive eight (8) hours of pay for each holiday that falls on a scheduled workday.

If the employee does not have any accrued leave available to be charged for the additional hour(s) for the holiday, the employee shall be charged with leave without pay.

Regular part-time employees will receive pro-ration of holidays in accordance with Section V. above and as listed below:

Work Schedule Holiday Pay
30-35 work hours 6-7 hours per holiday
20-25 work hours 4-5 hours per holiday
The regular part-time employee’s Closed Holiday Credits will be determined by Payroll in the same manner as the full-time employee. The Closed Holiday Credits are prorated according to the actual hours worked or budgeted to work. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.
9 VII. BEREAVEMENT AND REPRODUCTIVE LOSS LEAVE
A. Regular full-time employees may be granted up to a maximum of forty (40) hours of paid bereavement leave where there has been a death of a spouse, registered domestic partner, sibling, parent, stepparent grandparent, grandchild, grandparentin-law, parent-in-law, sibling-in-law, child-in-law, of an employee.

A maximum of eighty (80) hours of paid bereavement leave may be granted for the death of a biological child, adoptive child, or stepchild.

B. Reproductive Loss Leave
Regular full-time employees may be granted reproductive loss leave of five (5) days where there has been a reproductive loss event such as miscarriage, stillbirth, failed adoption, or failed surrogacy of the employee, employee’s spouse, or employee’s registered domestic partner.

Reproductive loss leave is an unpaid protected leave and may be granted in five (5) day increments for each reproductive loss event up to a maximum of twenty (20) days in any twelve (12) month period.

Regular part-time employees shall be eligible for prorated bereavement and reproductive loss leave in accordance with Section V. above and as listed below:

Work Schedule Prorated Bereavement and Reproductive Loss Leave 30-35 work hours up to a maximum of 30-35 hours
20-25 work hours up to a maximum of 20-25 hours
VIII. GENERAL LEAVE
The General Leave Plan shall provide compensated leave for those eligible employees who are absent from duty because of illness, death in the family not covered under bereavement leave, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation. The General Leave Plan is attached to the Compensation and Benefit Plan as Attachment B.
10 IX. CONFIDENTIAL LEAVE
All regular full-time employees may be granted a maximum of twenty (20) hours of confidential leave with pay each fiscal year. These hours may be allocated to each employee by the employee’s direct supervisor with approval by the City Manager.

All part-time employees may be granted confidential leave proportionally to the assigned work hours as allocated by the employee’s direct supervisor with approval by the City Manager.

X. RETIREMENT BENEFITS
A. Classic Members

1. All regular full-time and regular part-time confidential employees who were appointed prior to January 1, 2013 and all “Classic Members” (as defined by CalPERS) are referred herein either as “Classic Members” or as “Classic”.

2. Classic Members shall be provided the two and one-half percent at fifty-five (2.5% at 55) formula in accordance with Government Code Section 21354.4 and the Public Employees’ Pension Reform Act of 2013. In addition, Classic Members shall be provided with single year highest compensation, preretirement optional settlement level 2 death benefit, military service credit for prior service, and the indexed level 1959 survivor benefit options of the CalPERS pension plan.

3. All Classic Members will contribute the employee contribution rate of eight percent (8%) for the two and one-half percent at fifty-five (2.5% at 55) retirement benefit.

4. Additional Contribution Towards Employer Rate
a. In addition, if the CalPERS Miscellaneous Plan employer actuarial rate for the two and one-half percent at fifty-five (2.5% at 55) formula exceeds ten percent (10.00%) to a maximum of sixteen and nine hundred thirty-six thousandths percent (16.936%), all Classic Members will contribute a percentage of salary towards the employer rate sufficient to equally share in the cost with the City. In the event that the employer rate for Classic Members exceeds sixteen and nine hundred thirty-six thousandths percent (16.936%), the City shall be responsible for any increase above sixteen and nine hundred thirty-six thousandths percent (16.936%). In subsequent years of the pay plan, if the rate over ten percent (10.00%) decreases the percentage of salary that Classic Members contribute towards the employer rate will be reduced by the above formula. Employer rate reductions below 10% will not be shared under the above formula.
11 b. The following is for illustrative purposes only:

If the CalPERS Miscellaneous Plan two and one-half percent at fifty-five (2.5% at 55) formula employer actuarial rate increases three percent (3.0%) , each Classic Member would contribute one and one-half percent (1.50%) of their salary to pay towards the employer rate for the retirement benefit.

The City would then be responsible for matching one and one-half percent (1.50%). If during the subsequent years of this pay plan, the rate decreased three percent (3.0%), each Classic Member would no longer contribute the additional one and one-half percent (1.50%) of their salary towards the employer rate to pay for the retirement benefit.

B. PEPRA Members

1. Regular full-time and regular part-time confidential employees who were appointed on or after January 1, 2013 and who are “PEPRA Members” (as defined by CalPERS) will contribute half the normal cost of the two percent at sixty-two (2.0% at 62) plan as required by the Public Employees’ Pension Reform Act of 2013.

2. Additional Contribution Towards Employer Rate
a. In addition, PEPRA Members will contribute the same percentage for the employer rate as Classic Members pay .
b. The following is for illustrative purposes only:

3. The City shall provide the three (3) year average compensation requirement to PEPRA members.
12 XI. HOURS OF WORK
A. Work Schedule
Regular full-time Confidential employees shall work forty (40) hours per week on weekdays on a nine/eighty (9/80) work schedule with alternating Fridays off. The City Manager may revise the standard work schedule upon reasonable notice.

Regular part-time Confidential employees work schedules shall be determined by the Department Head and designated at thirty (30) to thirty-five (35) hours per week or twenty (20) to twenty-five (25) hours per week.

B. Flex Time
Flex time hours will be subject to prior approval of the Department Head.

C. Alternate Work Schedule
Alternatives to the nine eighty (9/80) work schedule will be subject to the approval of the City Manager and Department Head.

D. Holiday Work Schedule

1. City offices will be closed for business during the December holiday season. Nonessential employees, as determined by the City Manager, will participate in a four (4) day furlough. Employees in the Confidential Employee Group will be allowed to use accrued general leave, floating holiday, and/or leave without pay during the furlough. Compensatory time may not be used during the furlough.

2. Eligible employees on leave of absence without pay due to the furlough shall be paid holiday pay for holidays occurring during the furlough. Employees on an approved leave of absence without pay that started before December 10 and extends through or beyond December 31 will not be affected by the furlough and will not be eligible for holiday pay.

3. Employees who elect a leave of absence without pay for the furlough may request up to a four (4) day salary advance. Repayment of a salary advance for the furlough may be spread over a period of time provided that:
a. the salary advance is submitted to payroll by June 1 preceding the furlough.
b. the salary advance is fully repaid no later than the last full pay period of the calendar year, so all payments occur within the same calendar and fiscal year of the furlough, and
13 c. repayments begin no earlier than July 1 of the impacted calendar year.

4. Salary advances for regular part-time employees may be up to the amount of hours the employee is regularly scheduled to work during non-furlough workweeks. Schedules of twenty (20) to twenty-five (25) hours may receive an advance of sixteen (16) hours pay and schedules of thirty (30) to thirty-five (35) hours may receive an advance of twenty-four (24) hours pay.

XII. OVERTIME
Work performed by non-exempt full-time employees and non-exempt regular parttime employees in excess of the forty (40) hour work week shall be considered overtime work.

Confidential employees shall be compensated for authorized overtime at time and one- half the hourly rate in the form of overtime pay. Employees may receive compensatory time off in lieu of overtime pay up to a maximum of eighty (80) hours.

An employee who has accrued the maximum number of compensatory hours shall receive overtime pay for any additional overtime hours.

Accrued compensatory time may be used by an employee at their discretion, subject to the approval of the department head.

Accrued compensatory time in each calendar year shall be paid out in the last full pay period of December of that same calendar year. Compensatory time may not be accrued between the date of the end of the last full pay period in December and December 31st. Time worked during that time period will be paid.

A. Unscheduled Overtime - Call Back Pay
An employee who has been notified less than twenty-four (24) hours in advance to return to work on overtime shall receive, upon reporting, a minimum of two (2) hours work at the overtime rate, or if two (2) hours work is not furnished, a minimum of two (2) hours pay at the overtime rate. If two (2) hours of work is not furnished and the employee is released then called back and returns to work within the same two (2) hour time period, only one (1) minimum shall apply.

An employee who has been notified less than twenty-four (24) hours in advance to return to work on overtime between 6:00 p.m. and 6:00 a.m., holidays, or scheduled days off, shall receive, upon reporting, a minimum of three (3) hours work at the overtime rate or if three (3) hours work is not furnished, a minimum of three (3) hours pay at the overtime rate. If three (3) hours of work is not furnished and the employee is released then called back and returns to work within the same three (3) hour period, only one (1) minimum shall apply. 14 XIII. EDUCATIONAL REIMBURSEMENT
A. Job-related Training

1. The City Manager with a recommendation from the Department Head may authorize reimbursement up to one hundred percent (100%) of the cost for professional courses and programs that are directly related to the employee’s job or which will prepare the employee for advancement or acceptance of greater responsibility. A certificate of completion or a passing course grade must be attained for reimbursement.

B. Plan and Agreement for a College Degree Program

1. In addition to job-related training, the City Manager with a recommendation from the Department Head may authorize reimbursement for up to ten thousand dollars ($10,000.00) of the cost for tuition fees and required text books for a college degree program directly related to the employee’s job which will prepare the employee for advancement or acceptance of greater responsibility provided that the employee attains a course grade of “C” or a passing grade as defined by the degree program if that requirement is higher than a “C” grade.

2. If an employee receives more than five thousand dollars ($5,000.00) dollars during their term of employment with the City of Newark in a college degree program, the employee is required to sign an Educational Reimbursement Plan Agreement in order to qualify for and to participate in the Educational Reimbursement College Degree Program. The employee is then subject to the Educational Reimbursement Plan and Agreement for a College Degree Program as follows:
a. Employee will maintain employment with the City of Newark for a period of five years after completion of the last class taken under the Education Reimbursement Plan; and
b. In the event that employee leaves the City of Newark and does not complete the five-year employment period, employee warrants that they will reimburse to the City all money paid, up to ten thousand dollars ($10,000.00) under the Educational Reimbursement Plan as follows:
i. One hundred percent (100%) of money paid if the employee voluntarily leaves city employment in the first year after completion of the last class taken under the Educational Reimbursement Plan. ii. Eighty percent (80%) of money paid if the employee voluntarily leaves city employment in the second year after completion of the last class taken under the Educational Reimbursement Plan.
15 iii. Sixty percent (60%) of money paid if the employee voluntarily leaves city employment in the third year after completion of the last class taken under the Educational Reimbursement Plan.
iv. Forty percent (40%) of money paid if the employee voluntarily leaves city employment in the fourth year after completion of the last class taken under the Educational Reimbursement Plan.
v. Twenty percent (20%) of money paid if the employee voluntarily leaves city employment in the fifth year after completion of the last class, taken under the Educational Reimbursement Plan.
vi. After five (5) years following completion of the last class taken under the Educational Reimbursement Plan, employee owes no further monetary obligation to the City of Newark for participation in the Educational Reimbursement Plan.

C. It is the intent of this policy that all employees, though eligible for reimbursement of expenses, shall carry out their educational programs on their own personal time. In the event that some activity of the educational program is to take place during the employee's duty hours, it shall be the responsibility of the employee to make the necessary arrangements for personal time off.

In this regard, the employee may make whatever arrangements are possible; however, the needs of the Department shall be of primary consideration in these situations.

This policy is not intended to serve as a directive to employees to conduct personal education programs beyond the programs required and/or provided by the City.

The course work referred to here is that which is undertaken voluntarily by the employee and not subject to remuneration under provisions of the Fair Labor Standards Act.

XIV. RECREATION BENEFITS
Employees and their spouses or registered domestic partners and up to two (2) children or grandchildren living in the same household, twenty-six (26) years of age and under, may use the gym, exercise equipment and aquatic facilities (excluding classes and facility rentals) at the Silliman Community Activity and Family Aquatic Center free of charge.
16 Employees, their spouses or registered domestic partners, and their children and grandchildren twenty-six (26) years of age and under, will receive resident rates for class registration and facility rentals.

XV. IMPLEMENTATION OF SECTION 414(h)(2) OF THE UNITED STATES[

INTERNAL REVENUE CODE
A. Pick-up of Employee Contributions

1. Pursuant to the provisions of this Agreement, the City shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the City in lieu of employee contributions.

2. Employee contributions made under paragraph 1 shall be paid from the same source of funds as used in paying the wages to affected employees.

3. Employee contributions made by the City under paragraph 1 shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.

4. The employee does not have the option to receive the City's contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.

B. Wage Adjustment
Notwithstanding any provision in the current agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the City pursuant to the provisions hereof.

C. Limitations to Operability
Section XV. shall be operative only as long as the City of Newark pick-up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code. 17 ATTACHMENT A

REGULAR FULL-TIME/PART-TIME CLASSIFICATIONS
Accounting Technician I Confidential
Accounting Technician II Confidential
Administrative Assistant
Executive Assistant
Human Resources Technician
18 ATTACHMENTB

GENERAL LEAVE PLAN

FOR CONFIDENTIAL EMPLOYEE GROUP
I. DEFINITION
General Leave is compensated leave for those eligible employees who are absent from duty because of illness, death in the family, medical or dental care appointments, family care, personal reasons or who utilize the time off as vacation.

II. APPLICABILITY
The General Leave Plan shall apply to regular full-time employees in the Confidential Employee Group. Regular part-time employees in the Confidential Group shall be eligible for prorated general leave based on actual hours worked or budgeted to work. For example, an RPT employee with one (1) year of City service who works thirty-five (35) hours per week will receive one hundred sixty-one (161) hours of general leave per year.

An RPT employee who works twenty-four (24) hours per week will receive one hundred ten and four-tenths (110.4) hours of general leave per year. If actual hours worked differ from hours budgeted to work, the lesser number of hours will be used as the basis for proration.

III. GENERAL LEAVE CREDITS
A. Eligible Confidential employees shall be entitled to the following annual accrual in accordance with Section II above.

Years of Annual Annual Leave
Completed Service Accrual Full Time RPT 30-35 RPT 20-25 1 through 9 184 hrs (23 days) 138-161 hrs 92-115 hrs
10 through 14 224 hrs (28 days) 168-196 hrs 112-140 hrs 15 through 19 240 hrs (30 days) 180-210 hrs 120-150 hrs 20 or more 264 hrs (33 days) 198-231 hrs 132-165 hrs
B. General Leave shall be accrued in working hours on a semi-monthly basis. 19 C. General Leave credits are not earned during periods of unpaid leave. During an absence without pay which extends more than fourteen (14) calendar days during a calendar month, the employee shall not accrue General Leave credits.

D. General Leave During First Year: Beginning on the ninetieth (90th) day of employment, regular employees shall be eligible to earn General Leave credits. Upon the completion of said period of service, regular full-time employees shall be credited with forty-six (46) working hours of General Leave and shall thereafter accrue General Leave at the rate of 7.6667 hours semi- monthly for the remainder of the first year and as provided in Item A, Section III, above.

Beginning on the ninetieth (90th) day of employment, regular part-time employees shall be credited with prorated general leave in accordance with Section II above and shall thereafter accrue prorated General Leave as provided in Item A, Section III above.

E. Maximum Accumulation: General Leave credits may be accumulated according to the following schedule:

Years of Service FT Max. accrual RPT 30-35 RPT 20-25
1 - 9 368 hours (46 days) 276-322 hrs 184-230 hrs
10 - 14 448 hours (56 days) 336-392 hrs 224-280 hrs
15 - 19 480 hours (60 days) 360-420 hrs 240-300 hrs
20 or more 528 hours (66 days) 396-462 hrs 264-330 hrs
When maximum accrual limits have been reached, excess General Leave credits earned shall be transferred to the Rollover Leave bank on a quarterly basis. Rollover Leave may be used in order to provide security against an employee’s extended illness and may not be used for retirement service credit.

IV. GENERAL LEAVE IMPLEMENTATION
At the time an employee becomes eligible for General Leave, any unused leave credits shall be transitioned to General Leave as follows:

A. Vacation Leave Credits: All unused vacation leave credits shall be converted to General Leave credits on an hour-for-hour basis.
20 B. Sick Leave Credits: All unused sick leave credits shall be maintained in a sick leave bank to be used in accordance with the provisions of the General Leave Plan.

Accrued time in the sick leave bank shall not be compensated for in any manner except as used for sick leave or retirement service credit.

A. General Leave (Non-medical): Any leave that can be reasonably forecast or anticipated such as vacation, care of children, personal business, etc. shall require prior approval of the Department Head, or the employee's supervisor. The time and amount of General Leave to be taken for non- medical purposes shall be determined by the Department Head with due regard for the wishes of the employee and particular regard for the needs of the City.

B. General Leave (Medical): An unscheduled absence from work due to an employee's illness shall be referred to as General Leave for medical reasons. The Department Head may require an employee to furnish satisfactory evidence justifying the need to be absent from work for medical reasons. The provisions of A.R. 0513 on sick leave usage shall apply to employees using General Leave for medical reasons. The Department Head shall make the determination and final approval of unscheduled General Leave for medical reasons.

C. An employee may request General Leave for an unanticipated absence from work (e.g. medical, car trouble, care of children, bereavement, etc.) by notifying their supervisor within one (1) hour after the time set for reporting to work on the first day of such leave and as often thereafter as directed by their supervisor. Final approval for an unanticipated, unscheduled absence shall require Department Head approval. Failure to request an unscheduled leave in the manner described may result in lost work time charged as leave without pay or unauthorized leave of 21 absence. Inappropriate use of unscheduled leave may be grounds for corrective action consistent with current practice.

D. Any employee who is absent from work on an unscheduled leave shall not engage in work or other activities which will inhibit their ability to return to work at the earliest possible time.

E. Medical examination by the City's examining physician may be requested by the Human Resources Department after prolonged, serious, or repetitious illness, injury, or major surgery. An employee's return to duty following illness or injury is subject to the approval of the Department Head or Human Resources Director or designee based upon medical information supplied by the employee's physician and/or the City's physician.

F. On-the-job Injury: An employee absent from work because of a temporary disability which is defined as industrial under the Workers' Compensation Act may charge General Leave credits (or unused sick leave, if approved by the City Manager) in an amount necessary to make up the difference between the employee's regular pay and the amount payable to the employee as temporary disability payments from the Workers' Compensation Insurance Plan of the City.

G. Use of General Leave When Permanently Incapacitated: General Leave shall not be used to continue employment of any employee after it has been determined that such employee is permanently incapacitated from returning to employment and is eligible for disability retirement.

H. Sick Leave Bank: A sick leave bank shall be established during the implementation of this program for each employee eligible for General Leave. When an employee becomes eligible for General Leave, any unused sick leave credits will be maintained in this account. Employees may transfer General Leave credits to their sick leave bank in accordance with Section VI of the General Leave Plan.

I. Use of Sick Leave Bank:

1. Upon approval of the City Manager, an employee whose absence is due to illness or injury which qualifies for Family Medical Leave Act (FMLA) or other legallyprotected leave, may use unused sick leave balances for absences due to further illness or injury prior to using further General Leave in that fiscal year.

2. Upon approval of the City Manager, an employee whose absence is due to illness or injury for more than five (5) consecutive work days for any one occurrence may use unused sick leave balances for absences due to further illness or injury for that particular medical condition prior to using further General Leave. 22 3. Upon approval of the City Manager, an employee who has exhausted all General Leave credits may be granted the use of unused sick leave balances for a medical purpose. The City Manager may impose up to a five (5) workday waiting period based upon a review of the employee's General Leave usage.

VI. GENERAL LEAVE CONVERSION TO PAY
By December 1 of each calendar year, eligible employees who want to cash-out general leave in the following calendar year, shall make an irrevocable election for general leave buy-back in the next calendar year, subject to the conditions set forth below:
• For regular full-time employees: the employee may elect up to eighty (80) hours of general leave buy-back.
• For regular thirty (30) to thirty-five (35) hour part-time employees: The employee may elect up to sixty (60) to seventy (70) hours of general leave buy-back.
• For regular twenty (20) to twenty-five (25) hour part-time employees: The employee may elect up to forty (40) to fifty (50) hours of general leave buyback. • To be eligible for general leave buy-back, the employee must have used at least one-half (0.5) of the vacation time accrued during the twelve (12) month period preceding December.
• Employees must have a minimum of ten (10) days (eighty (80) hours for fulltime or prorated for part-time) remaining in general leave accruals at the time of buy-back.
• Employees must submit their General Leave Buy-Back Request Form to Payroll by the preceding December 1. This is an irrevocable election by the employee. 23 VII. GENERAL LEAVE AT TERMINATION
A. An eligible employee whose employment with the City terminates shall be paid for any unused General Leave. Payment for unused General Leave shall be made at the hourly rate of pay in effect for such employee at the time of separation.

B. When termination is caused by the death of an employee, pay for unused General Leave shall be paid to the beneficiary the employee has designated. Such designation shall be in writing, signed by the employee and filed with the Human Resources Office. In the event an employee has not designated a beneficiary, the payment shall be made to the estate of the employee.

VII. HOLIDAYS DURING GENERAL LEAVE
When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking General Leave, such employee shall not be charged as using General Leave for that day. The employee's compensation for that day shall be holiday pay.

Item D. 4.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT Adopt a resolution approving a Side Letter of Agreement with the Newark Police Association (NPA) regarding compensation
reporting and special assignment pay
SUMMARY AND RECOMMENDATION
The City and the Newark Police Association (NPA) have agreed to clarify several provisions in the current Memorandum of Understanding (MOU) related to uniform allowance, canine maintenance allowance, bilingual assignment pay, and special assignment pay.

The proposed changes are primarily administrative. They clarify that certain annual compensation amounts are paid over the City’s twenty-six biweekly pay periods, rather than describing those amounts as monthly payments. The changes do not reduce or increase the annual compensation employees currently receive.

The proposed side letter also updates the special assignment pay section to clearly identify eligible assignments for compensation reporting purposes.

Staff recommends that the City Council adopt a resolution approving the proposed Side Letter of Agreement between the City and NPA.

BACKGROUND
The City recently reviewed certain NPA compensation provisions following a California Public Employees' Retriement System (CalPERS) compensation compliance review.

The review identified that several compensation items were described in the MOU as monthly payments, though the City administers payroll on a biweekly basis. To improve clarity and support accurate compensation reporting, the proposed side letter restates these benefits as annual amounts to be prorated over twenty-six biweekly pay periods.

The affected provisions include the uniform allowance, canine maintenance allowance, and bilingual assignment pay.

The City also reviewed the MOU’s special assignment pay provisions. CalPERS advised that eligible special assignments should be expressly identified in the applicable labor agreement for compensation reporting purposes.

DISCUSSION/ANALYSIS
The proposed Side Letter revises the MOU to state the affected uniform, canine maintenance, and bilingual assignment pay provisions as annual amounts that will be prorated over twenty-six biweekly pay periods. These revisions align the MOU language with the City’s payroll practices and CalPERS reporting requirements.

The proposed side letter also updates and clarifies the special assignments eligible for special assignment pay. The revised language adds two assignments previously approved by the Police Chief: (1) Recruiting and (2) Strategic Policing Unit; replaces the Motor assignment with the Traffic designation; removes one obsolete title: School Liaison Officer (the current title of School Resource Officer will remain listed) and removes one obsolete assignment: Special Enforcement Team.

These amendments are intended to improve clarity and align the MOU with CalPERS compensation reporting requirements and the City’s biweekly payroll practices. The proposed language has been reviewed and approved by CalPERS as well as NPA.

The amendments do not change the annual value of the affected compensation items.

FISCAL IMPACT
There is no direct fiscal impact associated with approving the side letter. The amendments do not increase the annual compensation amounts currently provided under the MOU.

STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery REVIEW AND APPROVAL
Prepared by - Brittney Frye, Human Resources Director
Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution NPA Side Letter
Side Letter of Agreement NPA
NPA Memorandum of Understanding
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING A SIDE LETTER OF AGREEMENT

BETWEEN THE CITY OF NEWARK AND THE NEWARK

POLICE ASSOCIATION REGARDING COMPENSATION

REPORTING AND SPECIAL ASSIGNMENT PAY
WHEREAS, the City of Newark and the Newark Police Association (“NPA”) entered into a Memorandum of Understanding effective July 1, 2025, through June 30, 2028, governing wages, hours, and other terms and conditions of employment for employees represented by NPA; and WHEREAS, following a California Public Employees’ Retirement System (“CalPERS”) compensation compliance review, the City reviewed certain provisions of the Memorandum of Understanding related to uniform allowance, canine maintenance allowance, bilingual assignment pay, and special assignment pay; and
WHEREAS, the City and NPA have agreed to revise the applicable provisions to state the annual compensation amounts and clarify that the amounts will be prorated over twenty-six biweekly pay periods in accordance with the City’s payroll practices and CalPERS compensation reporting requirements; and
WHEREAS, the City and NPA have met and conferred and agreed to update the special assignment pay provisions by adding two assignments previously approved by the Police Chief:
(1) Recruiting and (2) Strategic Policing Unit; replacing the Motor assignment with the Traffic designation; removing the obsolete title of School Liaison Officer (the current title of School Resource Officer will remain), and removing one obsolete assignment: Special Enforcement Team.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the Side Letter of Agreement between the City of Newark and the Newark Police Association regarding compensation reporting and special assignment pay is hereby approved.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Side Letter of Agreement, in a form approved by the City Attorney, and to take such further actions as may be necessary to implement its terms and effectuate the intent of this Resolution.

510.578.4267 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
Human Resources Department
37101 Newark Boulevard
Newark, CA 94560
To: Newark Police Association (NPA) Executive Board
From: Brittney Frye, Human Resources Director
David Benoun, City Manager
Subject: Side Letter of Agreement Between the City of Newark and the Newark Police Association Regarding Compensation Reporting and Special Assignment Pay Date: September 10, 2026
This side letter of agreement is entered into by and between the City of Newark (“City”) and the Newark Police Association (“NPA”) to amend and clarify certain provisions within the Memorandum of Understanding (“MOU”) covering the periods of July 1, 2022, through June 30, 2025 and July 1, 2025, through June 30, 2028.

The purpose of this Side Letter is to:

1. Align the payment frequency of certain compensation items with the City’s biweekly payroll cycle and CalPERS reporting requirements; and

2. Clarify eligible special assignment pay language for CalPERS reporting purposes.

Background
The City recently received a determination from CalPERS related to a compensation compliance review. During the review, CalPERS identified that Uniform Allowance was being paid semi-monthly rather than on the same biweekly schedule as employees’ regular payroll periods. Although employees received the correct annual compensation amounts, CalPERS advised that reportable compensation must be paid consistently with the employer’s established payroll cycle.

In response, the City conducted a broader review of applicable compensation provisions and determined that Uniform Allowance, Bilingual Pay, and other applicable compensation items should be revised to reflect payment over twenty-six (26) biweekly pay periods rather than twenty-four (24) semi-monthly pay periods.

These changes do not reduce or otherwise alter the annual compensation employees receive; they only modify the frequency and payroll distribution method.

Additionally, CalPERS advised the City that special assignment pay must be expressly identified in the MOU to qualify as pensionable compensation. During the City’s review of current assignments, the Traffic Sergeant assignment was identified as the only active special assignment not specifically listed in the MOU. This Side Letter clarifies that assignment accordingly.
2 Agreement
The parties agree that the following subsections shall be amended as set forth below.

VIII. UNIFORM ALLOWANCE
A. Police Officer, Police Sergeant, Community Service Officer, Animal Control Officer, and Vehicle Abatement Officer

1. Upon appointment to the classification of Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer, a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform and equipment up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of twelve (12) months of continuous active employment or upon reinstatement, Police Officers, and Police Sergeants, Community Service Officers, Animal Control Officers, and Vehicle Abatement Officers shall receive an annual monthly uniform allowance of one thousand two hundred dollars ($1,200.00). This allowance shall be prorated on a biweekly basis.
[3.]

3.[4.] Upon completion of 12 months of continuous active employment or upon reinstatement, Community Service Officers, Animal Control Officers, and Vehicle Abatement Officers shall receive a monthly uniform allowance of $100.

4.[5.] If the employment of a Police Officer, Community Service Officer, Animal Control Officer, or Vehicle Abatement Officer is terminated before completion of the probationary period or eighteen (18) months of service, whichever is longer, uniforms and equipment purchased by the City through reimbursement pursuant to Provision VII.A.32.above shall be returned to the City.

B. Public Safety Dispatchers, Public Safety Dispatch Supervisors, Public Safety Clerks, Property and Evidence Technicians and Police Records and Evidence Supervisors

1. Upon appointment to the classifications of Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records and Evidence Supervisor, a full-time regular employee shall be reimbursed by the City for the purchase of City-approved uniform shirts and pants up to an amount equal to the maximum of the annual uniform allowance in effect on the date of appointment to Public Safety Dispatcher, Public Safety Dispatch Supervisor, Public Safety Clerk, Property and Evidence Technician, or Police Records and Evidence Supervisor. Reimbursement shall be made upon receipt of evidence of purchase.

2. Upon completion of twelve (12) months of continuous active employment or upon December 30, 1899
3 reinstatement, Public Safety Dispatchers, Public Safety Dispatch Supervisor, Public Safety Clerks, Property and Evidence Technicians, and Police Records and Evidence Supervisors shall receive an annual monthly uniform allowance of five hundred forty dollars ($540.00 $45). This allowance shall be prorated on a biweekly basis.

XXIII. SPECIAL ASSIGNMENT PAY
A. Police Officers assigned as Field Training Officers to train Police Officers or Police Reserves shall receive a five percent (5%) of top Police Officer pay step base salary differential, which shall not affect the amount of holiday in lieu or educational incentive pay received while performing Field Training Officer duties.

B. Public Safety Dispatchers formally assigned by the Police Chief to train other Public Safety Dispatchers as part of a formalized departmental training program shall receive a five percent (5%) salary increase during such assignment, which shall not affect the amount of holiday-in-lieu pay received while performing Public Safety Dispatcher training duties. Public Safety Dispatchers are not eligible for this salary increase when acting as Public Safety Dispatch Supervisor and receiving acting pay for that assignment.

C. Employees assigned in writing by the Police Chief to perform the duties of a higher classification on an "acting" basis shall receive a five percent (5%) salary increase for hours worked from the first day of the acting assignment. In the event an employee in an acting assignment is absent from work because of illness or injury, the City may terminate the acting assignment.

D. Police Officers and Sergeants assigned by the Police Chief to one of the following special duty assignments shall receive special assignment pay of five percent (5%) of base compensation per month:
 School Liaison Officer
 School Resource Officer
 Professional Standards and Training Officer
 Detective
 Canine Handler
 Motor
 Traffic
 Recruiting
 Special Enforcement TeamStrategic Policing Unit
 Any other position approved by the Police Chief
December 30, 1899
4 E. Police Officers who are assigned as Canine Handlers will also receive a maintenance allowance of one thousand two hundred dollars ($1,200.00) per monthannually, which shall be prorated on a biweekly basis and will be treated as salary. The maintenance allowance is intended to cover expenses that are incurred as a direct result of housing the animal at the Officer's residence. These expenses include, but are not limited to, yard/interior home spraying, carpet cleaning, and general maintenance of the property to ensure the dog's safety and well-being.

F. Employees represented by the Association will receive bilingual assignment pay of one thousand two hundred dollars ($1,200.00) per month annually. This pay shall be prorated on a biweekly basis. Eligibility for bilingual assignment pay shall be made subject to the following conditions and in accordance with Administrative Regulation 0522 which establishes a policy and procedures for receiving bilingual assignment pay:

1. Employees will be required to pass an initial fluency test administered by the City or an independent testing service. Employees will be required to undergo periodic testing of skill level to remain eligible for bilingual pay.

2. Eligible languages will be determined by the City.

3. Employees must be in a classification that brings them into regular contact with the general public.

4. The City retains the right to make the final determination regarding eligibility for bilingual assignment pay.

This side letter will become effective upon approval by the City Council and shall remain in effect for the duration of the MOU.

Dated:

For the City of Newark: For the Newark Police Association:

David J. Benoun, City Manager Steven Losier, NPA President December 30, 1899

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ATTACHMENT B

NEWARK POLICE ASSOCIATION SALARY SCHEDULES
(Effective Dates: 7/01/2025, 7/01/2026, and 7/01/2027)
Salary Schedule Effective 7/01/2025
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 42.90 3,432.00 89,232.00 45.05 3,604.00 93,704.00 47.30 3,784.00 98,384.00 49.67 3,973.60 103,313.60 52.15 4,172.00 108,472.00 Community Service Officer 43.39 3,471.20 90,251.20 45.55 3,644.00 94,744.00 47.83 3,826.40 99,486.40 50.22 4,017.60 104,457.60 52.74 4,219.20 109,699.20 Police Officer 63.11 5,048.80 131,268.80 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 Police Records Supervisor 48.39 3,871.20 100,651.20 50.80 4,064.00 105,664.00 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Police Sergeant 76.54 6,123.20 159,203.20 80.37 6,429.60 167,169.60 84.38 6,750.40 175,510.40 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 Property and Evidence Technician 41.85 3,348.00 87,048.00 43.94 3,515.20 91,395.20 46.13 3,690.40 95,950.40 48.45 3,876.00 100,776.00 50.87 4,069.60 105,809.60 Public Safety Clerk 40.83 3,266.40 84,926.40 42.87 3,429.60 89,169.60 45.01 3,600.80 93,620.80 47.26 3,780.80 98,300.80 49.63 3,970.40 103,230.40 Public Safety Dispatcher 50.09 4,007.20 104,187.20 52.60 4,208.00 109,408.00 55.22 4,417.60 114,857.60 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 Public Safety Dispatcher
Supervisor

57.90 4,632.00 120,432.00 60.79 4,863.20 126,443.20 63.83 5,106.40 132,766.40 67.01 5,360.80 139,380.80 70.37 5,629.60 146,369.60 Red Light Photo Enforcement
Technician

41.63 3,330.40 86,590.40 43.71 3,496.80 90,916.80 45.90 3,672.00 95,472.00 48.19 3,855.20 100,235.20 50.61 4,048.80 105,268.80 Vehicle Abatement Officer 34.29 2,743.20 71,323.20 35.99 2,879.20 74,859.20 37.80 3,024.00 78,624.00 39.70 3,176.00 82,576.00 41.67 3,333.60 86,673.60 Salary Schedule Effective 7/01/2026
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 44.40 3,552.00 92,352.00 46.63 3,730.40 96,990.40 48.96 3,916.80 101,836.80 51.41 4,112.80 106,932.80 53.98 4,318.40 112,278.40 Community Service Officer 44.91 3,592.80 93,412.80 47.14 3,771.20 98,051.20 49.50 3,960.00 102,960.00 51.98 4,158.40 108,118.40 54.59 4,367.20 113,547.20 Police Officer 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 Police Records Supervisor 50.08 4,006.40 104,166.40 52.58 4,206.40 109,366.40 55.21 4,416.80 114,836.80 57.97 4,637.60 120,577.60 60.88 4,870.40 126,630.40 Police Sergeant 80.37 6,429.60 167,169.60 84.39 6,751.20 175,531.20 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 Property and Evidence Technician 43.31 3,464.80 90,084.80 45.48 3,638.40 94,598.40 47.74 3,819.20 99,299.20 50.15 4,012.00 104,312.00 52.65 4,212.00 109,512.00 Public Safety Clerk 42.26 3,380.80 87,900.80 44.37 3,549.60 92,289.60 46.59 3,727.20 96,907.20 48.91 3,912.80 101,732.80 51.37 4,109.60 106,849.60 Public Safety Dispatcher 52.59 4,207.20 109,387.20 55.23 4,418.40 114,878.40 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 Public Safety Dispatcher
Supervisor

60.80 4,864.00 126,464.00 63.83 5,106.40 132,766.40 67.02 5,361.60 139,401.60 70.36 5,628.80 146,348.80 73.89 5,911.20 153,691.20 Red Light Photo Enforcement
Technician

43.09 3,447.20 89,627.20 45.24 3,619.20 94,099.20 47.51 3,800.80 98,820.80 49.88 3,990.40 103,750.40 52.38 4,190.40 108,950.40 Vehicle Abatement Officer 35.49 2,839.20 73,819.20 37.25 2,980.00 77,480.00 39.12 3,129.60 81,369.60 41.09 3,287.20 85,467.20 43.13 3,450.40 89,710.40 Attachment B
CITY OF NEWARK SALARY SCHEDULES (Page 2 of 2)
Salary Schedule Effective 7/01/2027
Step 1 Step 2 Step 3 Step 4 Step 5
Job Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Animal Control Officer 45.95 3,676.00 95,576.00 48.26 3,860.80 100,380.80 50.67 4,053.60 105,393.60 53.21 4,256.80 110,676.80 55.87 4,469.60 116,209.60 Community Service Officer 46.48 3,718.40 96,678.40 48.79 3,903.20 101,483.20 51.23 4,098.40 106,558.40 53.80 4,304.00 111,904.00 56.50 4,520.00 117,520.00 Police Officer 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 84.58 6,766.40 175,926.40 Police Records Supervisor 51.83 4,146.40 107,806.40 54.42 4,353.60 113,193.60 57.14 4,571.20 118,851.20 60.00 4,800.00 124,800.00 63.01 5,040.80 131,060.80 Police Sergeant 84.39 6,751.20 175,531.20 88.61 7,088.80 184,308.80 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 102.56 8,204.80 213,324.80 Property and Evidence Technician 44.83 3,586.40 93,246.40 47.07 3,765.60 97,905.60 49.41 3,952.80 102,772.80 51.91 4,152.80 107,972.80 54.49 4,359.20 113,339.20 Public Safety Clerk 43.74 3,499.20 90,979.20 45.92 3,673.60 95,513.60 48.22 3,857.60 100,297.60 50.62 4,049.60 105,289.60 53.17 4,253.60 110,593.60 Public Safety Dispatcher 55.22 4,417.60 114,857.60 57.99 4,639.20 120,619.20 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 67.12 5,369.60 139,609.60 Public Safety Dispatcher Supervisor 63.84 5,107.20 132,787.20 67.02 5,361.60 139,401.60 70.37 5,629.60 146,369.60 73.88 5,910.40 153,670.40 77.58 6,206.40 161,366.40 Red Light Photo Enforcement
Technician

44.60 3,568.00 92,768.00 46.82 3,745.60 97,385.60 49.17 3,933.60 102,273.60 51.63 4,130.40 107,390.40 54.21 4,336.80 112,756.80 Vehicle Abatement Officer 36.73 2,938.40 76,398.40 38.55 3,084.00 80,184.00 40.49 3,239.20 84,219.20 42.53 3,402.40 88,462.40 44.64 3,571.20 92,851.20 Salaries are based on a 40-hour workweek for non-sworn NPA employees. Salaries listed for sworn NPA employees are based upon workweeks as defined in MOU

Item D. 5.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Brittney Frye, Human Resources Director
SUBJECT Adopt a resolution approving a Side Letter of Agreement with the Newark Association of Miscellaneous Employees to add the Recreation Assistant classification to the Memorandum of Understanding (MOU) and amending the Citywide Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5
SUMMARY AND RECOMMENDATION
The City has created a new Recreation Assistant classification to support recreation programs and services and provide additional operational support within the Recreation and Community Services Department. The classification has been placed within the Newark Association of Miscellaneous Employees (NAME) bargaining unit following completion of the meet-and-confer process with NAME.

Funding for two (2) Recreation Assistant positions was previously approved by the City Council as part of the 2026-2028 Biennial Budget.

Staff recommends that the City Council adopt a resolution approving a Side Letter of Agreement with NAME to add the Recreation Assistant classification to the applicable provisions of the MOU and amend the Citywide Salary Schedule to include the new classification and salary range.

BACKGROUND
The Recreation and Community Services Department provides a variety of programs, services, and activities to the Newark community and has historically relied on a combination of part-time recreation staff and Recreation Coordinators to support program delivery and daily operations. As the number and scope of these offerings have grown, the Department has identified a need for additional dedicated, full-time staff to provide consistent support.

The Recreation Assistant classification was therefore developed to provide a full-time classification between part-time recreation positions and the Recreation Coordinator classification. Recreation Assistants will support program implementation, participant and customer service, facility operations, program preparation, and other related recreation activities. This additional staffing capacity will also allow Recreation Coordinators to focus on higher-level program coordination, planning, administration, and oversight.

As part of the City’s 2026-2028 Biennial Budget, the City Council previously approved funding for two (2) Recreation Assistant positions. Following that approval, the City finalized development of the classification specification establishing the duties, responsibilities, and minimum qualifications for the position.

Staff determined that the classification duties and responsibilities most closely align with classifications represented by NAME. The City met and conferred with NAME regarding the proposed bargaining unit placement and classification specification.

NAME agreed that the Recreation Assistant classification is appropriately represented by NAME and raised no concerns regarding the proposed classification language.

DISCUSSION/ANALYSIS
The proposed Side Letter will formally add the Recreation Assistant classification to the applicable provisions of the NAME MOU. The Citywide Salary Schedule will also be amended to include the Recreation Assistant classification and salary range in accordance with California Code of Regulations, Title 2, Section 570.5.

The proposed salary range is set at twenty percent (20%) below the Recreation Coordinator classification, reflecting the difference in the scope and level of duties and responsibilities between the two classifications. This placement maintains an appropriate internal relationship within the City’s classification structure.

Adoption of the resolution approving the Side Letter of Agreement and Salary Schedule amendment will complete the actions necessary to incorporate the new classification into the NAME bargaining unit and allow the City to move forward with recruitment for the two (2) positions approved in the 2026-2028 Biennial Budget.

FISCAL IMPACT
There is no additional fiscal impact associated with this action. Funding for the two (2) Recreation Assistant positions was previously approved by the City Council as part of the 2026-2028 Biennial Budget.

STRATEGIC PRIORITY AREA
The recommended action aligns with the City Council's strategic priority area of Boost Financial Resilience and Excellence in Service Delivery.

REVIEW AND APPROVAL
Prepared by — Brittney Frye, Human Resources Director
Prepared by — Brittney Frye, Human Resources Director
Reviewed 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 Recreation Assistant
Recreation Assistant Job Specification
Side Letter of Agreement NAME
Salary Schedule Effective July 1, 2026
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING AND ADOPTING A SIDE LETTER

OF AGREEMENT BETWEEN THE CITY OF NEWARK AND

THE NEWARK ASSOCIATION OF MISCELLANEOUS

EMPLOYEES TO ADD THE RECREATION ASSISTANT

CLASSIFICATION AND AMENDING THE CITYWIDE

SALARY SCHEDULE IN CONFIRMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the City has established a new Recreation Assistant classification to support the City’s recreation programs and services; and
WHEREAS, based on the relative duties and responsibilities of the Recreation Assistant and Recreation Coordinator classifications, the Recreation Assistant salary range has been established at twenty percent below the Recreation Coordinator classification; and WHEREAS, budget allocation for the Recreation Assistant classification was previously approved by the City Council as part of the 2026-2028 Biennial Budget; and WHEREAS, the City determined, and the Newark Association of Miscellaneous Employees agrees, that the duties and responsibilities of the Recreation Assistant classification most closely align with classifications represented by the Newark Association of Miscellaneous Employee bargaining unit; and
WHEREAS, addition of the Recreation Assistant classification and salary range requires amendment of the Citywide Salary Schedule in accordance with California Code of Regulations, Title 2, Section 570.5.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Council hereby approves the side letter of agreement between the City of Newark and the Newark Association of Miscellaneous Employees and authorizes the City Manager to execute the agreement, in a form approved by the City Attorney, and take such additional actions necessary to implement the side letter.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to add the Recreation Assistant classification and salary range, effective July 1, 2026.

Classification Frequency Step 1 Step 2 Step 3 Step 4 Step 5 Recreation
Assistant
Hourly
Biweekly
Annual

37.40 2,992.00
77,792.00

39.27 3,141.60
81,681.60

41.24 3,299.20
85,779.20

43.30 3,464.00
90,064.00

45.47 3,637.60
94,577.60
Resolution No. 11,372 2
Recreation Assistant class specification Page 1 of 4
Recreation Assistant
Class Specification
Established 6/2026
Class ID: NAME
Unit:

Probation: 6 Months
FLSA: Non Exempt

DEFINITION
Under general supervision, performs paraprofessional recreation support duties in the delivery of recreation programs, activities, events, rentals, and facility operations; provides lead direction to temporary, seasonal, and volunteer staff as assigned; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from a Recreation Supervisor or designee. May provide lead direction, training, and work coordination to temporary, seasonal, and volunteer staff.

DISTINGUISHING CHARACTERISTICS
The Recreation Assistant is a paraprofessional classification responsible for supporting the daily operation and implementation of recreation programs, services, events, rentals, and facilities.

Incumbents exercise independent judgment within established procedures and may serve as lead staff during assigned shifts, programs, events, rentals, or facility operations. Duties include customer service, participant engagement, operational coordination, facility readiness, maintenance coordination, registration activities, and program implementation support.

It is distinguished from Facility Attendant/Recreation Leader/Lifeguard classifications in that duties primarily emphasize recreation program support, recreation service delivery, participant interaction, and operational coordination, while also assisting with facility readiness, maintenance coordination, and operational support functions related to recreation programs and events. It is distinguished from the Recreation Coordinator classification in that the latter has greater responsibility for program administration, budgeting, scheduling, staff supervision, and long-term program coordination.

Recreation programs, events, rentals, and facility operations frequently occur outside traditional business hours; therefore, incumbents may be required to work evenings, weekends, holidays, and irregular schedules.

EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Assist in the implementation and daily operation of recreation programs, classes, camps, sports leagues, events, rentals, and community activities for participants of various ages.

Provide customer service and respond to participant questions, concerns, and requests regarding programs, services, facility use, and recreation activities.

Provide lead direction and training to temporary, seasonal, and volunteer staff during assigned shifts, activities, programs, events, or facility operations.

May serve as lead staff during assigned shifts, facility operations, programs, rentals, or special events.

Monitor recreation activities and facilities to ensure participant safety and compliance with City policies and procedures.

Recreation Assistant class specification Page 2 of 4
Assist with operational preparation of recreation facilities and activity spaces, including setup and breakdown of equipment, supplies, and materials.

Assist with implementation of special events, community outreach activities, promotional efforts, and City-sponsored programs.

Maintain attendance records, activity logs, reports, inventory records, and related program documentation.

Assist with registration, reservations, memberships, admissions, and payments using recreation management software and point-of-sale systems.

May assist with staff scheduling, shift coverage coordination, and operational communications.

Respond appropriately to emergencies, incidents, and participant concerns; administer first aid and CPR when necessary.

Communicate effectively with staff, instructors, contractors, volunteers, participants, and the general public.

Assist in maintaining recreation equipment, supplies, and activity materials; report maintenance and safety concerns to appropriate staff.

Monitor recreation facilities and activity spaces for cleanliness, safety, and operational readiness.

Submit, track, and follow up on routine maintenance and repair requests as needed.

Perform minor maintenance, operational, custodial, and facility support tasks related to recreation programs, rentals, and events.

Assist with facility inspections, opening and closing procedures, and preparation of recreation spaces for public use.

Coordinate with maintenance, custodial, and facility staff regarding operational issues, repairs, and facility needs.

Assist with routine administrative and clerical duties including preparing forms, schedules, correspondence, flyers, and informational materials.

Open, monitor, and secure assigned recreation facilities as needed during programs and events.

Enforce established safety procedures, rules, and regulations.

Attend meetings and trainings as assigned.

Perform related duties as assigned.

When Assigned to Aquatics:
 Assist in aquatic program operations including swim lessons, lifeguarding, and aquatic events.

Recreation Assistant class specification Page 3 of 4
 Monitor aquatic activities and enforce safety rules and emergency procedures.  Assist with aquatic facility operations, equipment preparation, and daily operational support.

QUALIFICATIONS
Knowledge of:
 Principles and practices of recreation program implementation and customer service.  Recreation programs, activities, and events for various age groups.  Basic principles of recreation facility operations, safety, and maintenance coordination.  Methods used to identify and report facility maintenance and operational issues.  Modern office practices, procedures, and computer applications.  Recreation registration, reservation, and point-of-sale systems.  Proper cash handling procedures.
 Basic recordkeeping methods and practices.
 Safe work practices and emergency response procedures.  English usage, grammar, spelling, and punctuation.

Skill or Ability to:
 Provide excellent customer service and maintain positive working relationships with the public and staff.
 Lead and provide direction to temporary, seasonal, and volunteer staff.  Organize and prioritize assigned tasks and responsibilities.  Exercise sound judgment and initiative within established guidelines.  Identify facility maintenance and safety concerns and coordinate appropriate corrective action.
 Perform minor operational and maintenance-related tasks in support of recreation programs and facility use.
 Communicate clearly and effectively both orally and in writing.  Operate standard office equipment and software applications related to assigned duties.  Maintain accurate records and prepare routine reports.  Understand and follow oral and written instructions.
 Respond appropriately and calmly in emergency or difficult situations.  Work independently and collaboratively in a team environment.  Respectfully and effectively work with individuals of diverse backgrounds and abilities.

Education and Experience:

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

Equivalent to graduation from high school or GED and two (2) years of increasingly responsible experience in recreation, aquatics, customer service, community programs, facility operations, or a related field.

College coursework in recreation, physical education, community services, human services, or a related field is desirable.

When assigned to Aquatics:

Possession of, and ability to maintain, American Red Cross Lifeguard Instructor Certification, CPR for the Professional Rescuer, First Aid, Certified Pool Operator and Water Safety Instructor certifications may be required depending on assignment.

PHYSICAL DEMANDS
Recreation Assistant class specification Page 4 of 4
Must possess mobility to work in a standard office and/or recreational facility setting and use standard office and/or recreational equipment, including a computer, and to operate a motor vehicle to visit and work at various City and meeting sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. Must possess the physical stamina to lift and move tables and chairs and arrange facilities for community events and/or meetings.

Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, and reach to perform assigned duties, as well as push and pull drawers open and closed to retrieve and file information. Standing in and walking between work areas is frequently required.

Employees must possess the ability to lift, carry, push, and pull materials and objects up to 50 pounds with the use of proper equipment. May be required to work a varied schedule of hours, which may include early mornings, evenings, weekends, and holidays, at a variety of City facilities.

ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions.

When assigned to aquatics, direct exposure to hazardous chemicals and substances. Employees may also work in the field and are exposed to loud noise levels, cold and hot and humid temperatures, inclement weather conditions. Incumbents may be exposed to blood and body fluids rendering First Aid and CPR and are required to wear appropriate attire for the recreation activity to which they are assigned. Employees may interact with members of the public or with staff under emotionally stressful conditions while interpreting and enforcing departmental policies and procedures.

510.578.4267 [email protected] www.newark.org facebook.com/cityofnewarkca City of Newark
Human Resources Department
37101 Newark Boulevard
Newark, CA 94560
To: Newark Association of Miscellaneous Employees (NAME) From: David Benoun, City Manager
Brittney Frye, Human Resources Director
Subject: Side Letter of Agreement Between the City of Newark and the Newark Association of Miscellaneous Employees Regarding the Addition of the Recreation Assistant Classification Date: September 10, 2026
This side letter of agreement is entered into by and between the City of Newark (“City”) and the Newark Association of Miscellaneous Employees (“NAME”) to modify language within the Memorandum of Understanding (“MOU”) covering the term July 1, 2025, through June 30, 2028. The purpose of this Side Letter is to reflect the agreed-upon addition of the Recreation Assistant classification to the NAME bargaining unit and corresponding salary range.

Background
The City established the Recreation Assistant classification to provide additional support for recreation programs and services. Based on the duties and responsibilities of the classification, the City determined that Recreation Assistant most closely aligns with classifications represented by NAME.

The City and NAME met and conferred regarding the classification specification, bargaining unit placement, and salary range. NAME agreed that the Recreation Assistant classification is appropriately represented by NAME and raised no concerns regarding the proposed classification language.

Based on the relative duties and responsibilities of the Recreation Assistant and Recreation Coordinator classifications, the Recreation Assistant salary range has been established at twenty percent (20%) below the Recreation Coordinator classification.

Agreement
The parties agree to the following:

1. The Recreation Assistant classification shall be added to the NAME bargaining unit and incorporated into the applicable provisions of the MOU.

2. The salary for the Recreation Assistant classification shall be established at twenty percent (20%) below the Recreation Coordinator classification and shall be reflected in the approved Citywide Salary Schedule adopted by the City Council
2 This side letter will become after approval by the City Council, and shall be backdated to July 1, 2026 and remain in effect for the duration of the MOU.

Dated:

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

David J. Benoun, City Manager Angela Montez, NAME President December 30, 1899
3 December 30, 1899
Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Accountant 56.55 4,524.00 117,624.00 59.39 4,751.20 123,531.20 62.36 4,988.80 129,708.80 65.46 5,236.80 136,156.80 68.74 5,499.20 142,979.20 Accounting Assistant I 39.38 3,150.40 81,910.40 41.36 3,308.80 86,028.80 43.42 3,473.60 90,313.60 45.59 3,647.20 94,827.20 47.88 3,830.40 99,590.40 Accounting Assistant II 43.30 3,464.00 90,064.00 45.47 3,637.60 94,577.60 47.73 3,818.40 99,278.40 50.13 4,010.40 104,270.40 52.64 4,211.20 109,491.20 Accounting Technician I 45.82 3,665.60 95,305.60 48.12 3,849.60 100,089.60 50.52 4,041.60 105,081.60 53.04 4,243.20 110,323.20 55.69 4,455.20 115,835.20 Accounting Technician II 50.40 4,032.00 104,832.00 52.93 4,234.40 110,094.40 55.58 4,446.40 115,606.40 58.35 4,668.00 121,368.00 61.27 4,901.60 127,441.60 Administrative Assistant 45.70 3,656.00 95,056.00 47.97 3,837.60 99,777.60 50.37 4,029.60 104,769.60 52.90 4,232.00 110,032.00 55.54 4,443.20 115,523.20 Administrative Support Specialist I 35.69 2,855.20 74,235.20 37.47 2,997.60 77,937.60 39.34 3,147.20 81,827.20 41.32 3,305.60 85,945.60 43.37 3,469.60 90,209.60 Administrative Support Specialist II 38.95 3,116.00 81,016.00 40.89 3,271.20 85,051.20 42.94 3,435.20 89,315.20 45.08 3,606.40 93,766.40 47.34 3,787.20 98,467.20 Animal Control Officer 44.40 3,552.00 92,352.00 46.63 3,730.40 96,990.40 48.96 3,916.80 101,836.80 51.41 4,112.80 106,932.80 53.98 4,318.40 112,278.40 Assistant City Manager 131.36 10,508.80 273,228.80 157.64 12,611.20 327,891.20 Assistant Engineer-Civil 61.43 4,914.40 127,774.40 64.50 5,160.00 134,160.00 67.72 5,417.60 140,857.60 71.09 5,687.20 147,867.20 74.66 5,972.80 155,292.80 Assistant Maintenance Superintendent 73.12 5,849.60 152,089.60 87.75 7,020.00 182,520.00 Assistant Planner 53.45 4,276.00 111,176.00 56.12 4,489.60 116,729.60 58.92 4,713.60 122,553.60 61.86 4,948.80 128,668.80 64.96 5,196.80 135,116.80 Assistant to the City Manager 69.65 5,572.00 144,872.00 83.58 6,686.40 173,846.40 Associate Civil Engineer 68.77 5,501.60 143,041.60 72.19 5,775.20 150,155.20 75.80 6,064.00 157,664.00 79.59 6,367.20 165,547.20 83.58 6,686.40 173,846.40 Associate Planner 61.17 4,893.60 127,233.60 64.24 5,139.20 133,619.20 67.45 5,396.00 140,296.00 70.81 5,664.80 147,284.80 74.35 5,948.00 154,648.00 Building Inspector I 58.03 4,642.40 120,702.40 60.93 4,874.40 126,734.40 63.98 5,118.40 133,078.40 67.18 5,374.40 139,734.40 70.54 5,643.20 146,723.20 Building Inspector II 60.93 4,874.40 126,734.40 63.98 5,118.40 133,078.40 67.18 5,374.40 139,734.40 70.54 5,643.20 146,723.20 74.06 5,924.80 154,044.80 Building Maintenance Mechanic I 43.48 3,478.40 90,438.40 45.67 3,653.60 94,993.60 47.94 3,835.20 99,715.20 50.35 4,028.00 104,728.00 52.87 4,229.60 109,969.60 Building Maintenance Mechanic II 47.90 3,832.00 99,632.00 50.29 4,023.20 104,603.20 52.82 4,225.60 109,865.60 55.47 4,437.60 115,377.60 58.22 4,657.60 121,097.60 Chief Building Official 100.14 8,011.20 208,291.20 121.72 9,737.60 253,177.60 Chief Information Officer/Information Technology
Director
119.15 9,532.00 247,832.00 142.96 11,436.80 297,356.80
Child Care Instructor 29.14 2,331.20 60,611.20 30.62 2,449.60 63,689.60 32.15 2,572.00 66,872.00 33.75 2,700.00 70,200.00 35.47 2,837.60 73,777.60 City Clerk 84.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60 City Engineer 102.92 8,233.60 214,073.60 123.51 9,880.80 256,900.80 City Manager 190.67 15,253.60 396,593.60
Communications and Public Engagement Manager 80.64 6,451.20 167,731.20 96.76 7,740.80 201,260.80 Community Development Director 119.15 9,532.00 247,832.00 142.96 11,436.80 297,356.80 Community Engagement Manager 73.12 5,849.60 152,089.60 87.75 7,020.00 182,520.00 Community Preservation Manager 80.64 6,451.20 167,731.20 96.76 7,740.80 201,260.80 Community Preservation Specialist I 48.39 3,871.20 100,651.20 50.81 4,064.80 105,684.80 53.34 4,267.20 110,947.20 56.01 4,480.80 116,500.80 58.82 4,705.60 122,345.60 Community Preservation Specialist II 53.23 4,258.40 110,718.40 55.89 4,471.20 116,251.20 58.67 4,693.60 122,033.60 61.61 4,928.80 128,148.80 64.70 5,176.00 134,576.00 Community Service Officer 44.91 3,592.80 93,412.80 47.14 3,771.20 98,051.20 49.50 3,960.00 102,960.00 51.98 4,158.40 108,118.40 54.59 4,367.20 113,547.20 Crime Analyst 59.39 4,751.20 123,531.20 62.36 4,988.80 129,708.80 65.47 5,237.60 136,177.60 68.73 5,498.40 142,958.40 72.18 5,774.40 150,134.40 Deputy Community Development Director 100.14 8,011.20 208,291.20 121.72 9,737.60 253,177.60 Deputy Economic Development Director 100.14 8,011.20 208,291.20 121.72 9,737.60 253,177.60 Deputy Finance Director 100.14 8,011.20 208,291.20 121.72 9,737.60 253,177.60 Engineering Technician I 50.08 4,006.40 104,166.40 52.59 4,207.20 109,387.20 55.22 4,417.60 114,857.60 57.97 4,637.60 120,577.60 60.88 4,870.40 126,630.40 Engineering Technician II 53.63 4,290.40 111,550.40 56.31 4,504.80 117,124.80 59.13 4,730.40 122,990.40 62.09 4,967.20 129,147.20 65.19 5,215.20 135,595.20 Environmental Services Manager 80.64 6,451.20 167,731.20 96.76 7,740.80 201,260.80 Equipment Mechanic I 44.71 3,576.80 92,996.80 46.95 3,756.00 97,656.00 49.30 3,944.00 102,544.00 51.76 4,140.80 107,660.80 54.35 4,348.00 113,048.00 Equipment Mechanic II 49.22 3,937.60 102,377.60 51.69 4,135.20 107,515.20 54.27 4,341.60 112,881.60 56.99 4,559.20 118,539.20 59.83 4,786.40 124,446.40 Executive Assistant 50.79 4,063.20 105,643.20 53.32 4,265.60 110,905.60 55.99 4,479.20 116,459.20 58.79 4,703.20 122,283.20 61.73 4,938.40 128,398.40 Facilities Supervisor 68.86 5,508.80 143,228.80 72.30 5,784.00 150,384.00 75.92 6,073.60 157,913.60 79.71 6,376.80 165,796.80 83.69 6,695.20 174,075.20 Finance Director 119.15 9,532.00 247,832.00 142.96 11,436.80 297,356.80 General Laborer 32.50 2,600.00 67,600.00 34.13 2,730.40 70,990.40 35.84 2,867.20 74,547.20 37.64 3,011.20 78,291.20 39.52 3,161.60 82,201.60 Housing Policies and Programs Manager 84.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60 Human Resources Director 119.15 9,532.00 247,832.00 142.96 11,436.80 297,356.80 Human Resources Technician 46.66 3,732.80 97,052.80 49.00 3,920.00 101,920.00 51.44 4,115.20 106,995.20 54.02 4,321.60 112,361.60 56.72 4,537.60 117,977.60 Information Technology Analyst 65.37 5,229.60 135,969.60 68.63 5,490.40 142,750.40 72.08 5,766.40 149,926.40 75.67 6,053.60 157,393.60 79.45 6,356.00 165,256.00 Range 16
Range 24
Range 17
Range 24
Range 14
Range 16
Range 20
Range 20
Range 20
Range 17
Range 21
Range 16
Range 24
Range 26
Range 14
Range 13
Range 20
Range 24

CITY OF NEWARK
Salary Schedule Effective 07/01/2026
Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum
Classification Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Hourly Biweekly Annual Information Technology Technician I 45.72 3,657.60 95,097.60 48.00 3,840.00 99,840.00 50.40 4,032.00 104,832.00 52.92 4,233.60 110,073.60 55.57 4,445.60 115,585.60 Information Technology Technician II 51.20 4,096.00 106,496.00 53.76 4,300.80 111,820.80 56.45 4,516.00 117,416.00 59.27 4,741.60 123,281.60 62.23 4,978.40 129,438.40 Junior Engineer-Civil 51.30 4,104.00 106,704.00 53.87 4,309.60 112,049.60 56.56 4,524.80 117,644.80 59.40 4,752.00 123,552.00 62.37 4,989.60 129,729.60 Landscape & Parks Maintenance Worker I 40.62 3,249.60 84,489.60 42.64 3,411.20 88,691.20 44.78 3,582.40 93,142.40 47.02 3,761.60 97,801.60 49.39 3,951.20 102,731.20 Landscape & Parks Maintenance Worker II 44.73 3,578.40 93,038.40 46.98 3,758.40 97,718.40 49.32 3,945.60 102,585.60 51.78 4,142.40 107,702.40 54.37 4,349.60 113,089.60 Landscape Inspector 41.74 3,339.20 86,819.20 43.83 3,506.40 91,166.40 46.02 3,681.60 95,721.60 48.32 3,865.60 100,505.60 50.74 4,059.20 105,539.20 Lead Childcare Instructor 33.53 2,682.40 69,742.40 35.21 2,816.80 73,236.80 36.97 2,957.60 76,897.60 38.82 3,105.60 80,745.60 40.76 3,260.80 84,780.80 Maintenance Superintendent 88.91 7,112.80 184,932.80 106.68 8,534.40 221,894.40 Maintenance Supervisor 68.86 5,508.80 143,228.80 72.30 5,784.00 150,384.00 75.92 6,073.60 157,913.60 79.71 6,376.80 165,796.80 83.69 6,695.20 174,075.20 Management Analyst I 55.64 4,451.20 115,731.20 58.43 4,674.40 121,534.40 61.34 4,907.20 127,587.20 64.41 5,152.80 133,972.80 67.62 5,409.60 140,649.60 Management Analyst II 63.43 5,074.40 131,934.40 66.60 5,328.00 138,528.00 69.93 5,594.40 145,454.40 73.42 5,873.60 152,713.60 77.09 6,167.20 160,347.20 Permit Technician 45.42 3,633.60 94,473.60 47.68 3,814.40 99,174.40 50.06 4,004.80 104,124.80 52.57 4,205.60 109,345.60 55.20 4,416.00 114,816.00 Police Captain 113.89 9,111.20 236,891.20 136.68 10,934.40 284,294.40 Police Chief 130.61 10,448.80 271,668.80 156.73 12,538.40 325,998.40 Police Lieutenant 98.35 7,868.00 204,568.00 118.01 9,440.80 245,460.80 Police Officer 66.27 5,301.60 137,841.60 69.58 5,566.40 144,726.40 73.06 5,844.80 151,964.80 76.71 6,136.80 159,556.80 80.55 6,444.00 167,544.00 Police Records and Evidence Supervisor 57.70 4,616.00 120,016.00 60.59 4,847.20 126,027.20 63.62 5,089.60 132,329.60 66.80 5,344.00 138,944.00 70.15 5,612.00 145,912.00 Police Sergeant 80.37 6,429.60 167,169.60 84.39 6,751.20 175,531.20 88.60 7,088.00 184,288.00 93.03 7,442.40 193,502.40 97.68 7,814.40 203,174.40 Police Support Services Manager 84.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60 Principal Civil Engineer 84.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60 Principal Planner 84.66 6,772.80 176,092.80 101.57 8,125.60 211,265.60 Property and Evidence Technician 43.31 3,464.80 90,084.80 45.48 3,638.40 94,598.40 47.74 3,819.20 99,299.20 50.15 4,012.00 104,312.00 52.65 4,212.00 109,512.00 Public Safety Clerk 42.26 3,380.80 87,900.80 44.37 3,549.60 92,289.60 46.59 3,727.20 96,907.20 48.91 3,912.80 101,732.80 51.37 4,109.60 106,849.60 Public Safety Dispatch Supervisor 60.80 4,864.00 126,464.00 63.83 5,106.40 132,766.40 67.02 5,361.60 139,401.60 70.36 5,628.80 146,348.80 73.89 5,911.20 153,691.20 Public Safety Dispatcher 52.59 4,207.20 109,387.20 55.23 4,418.40 114,878.40 57.98 4,638.40 120,598.40 60.88 4,870.40 126,630.40 63.92 5,113.60 132,953.60 Public Works Director 119.15 9,532.00 247,832.00 142.96 11,436.80 297,356.80 Public Works Inspector 60.94 4,875.20 126,755.20 63.99 5,119.20 133,099.20 67.19 5,375.20 139,755.20 70.55 5,644.00 146,744.00 74.07 5,925.60 154,065.60 Recreation Assistant 37.40 2,992.00 77,792.00 39.27 3,141.60 81,681.60 41.24 3,299.20 85,779.20 43.30 3,464.00 90,064.00 45.47 3,637.60 94,577.60 Recreation and Community Services Director 119.15 9,532.00 247,832.00 142.96 11,436.80 297,356.80 Recreation and Community Services Supervisor I 59.40 4,752.00 123,552.00 62.37 4,989.60 129,729.60 65.47 5,237.60 136,177.60 68.77 5,501.60 143,041.60 72.19 5,775.20 150,155.20 Recreation and Community Services Supervisor II 65.48 5,238.40 136,198.40 68.78 5,502.40 143,062.40 72.20 5,776.00 150,176.00 75.81 6,064.80 157,684.80 79.60 6,368.00 165,568.00 Recreation Coordinator 46.76 3,740.80 97,260.80 49.09 3,927.20 102,107.20 51.55 4,124.00 107,224.00 54.13 4,330.40 112,590.40 56.83 4,546.40 118,206.40 Red Light Photo Enforcement Technician 43.09 3,447.20 89,627.20 45.24 3,619.20 94,099.20 47.51 3,800.80 98,820.80 49.88 3,990.40 103,750.40 52.38 4,190.40 108,950.40 Senior Accountant 65.48 5,238.40 136,198.40 68.78 5,502.40 143,062.40 72.20 5,776.00 150,176.00 75.81 6,064.80 157,684.80 79.60 6,368.00 165,568.00 Senior Administrative Support Specialist 42.85 3,428.00 89,128.00 44.99 3,599.20 93,579.20 47.25 3,780.00 98,280.00 49.61 3,968.80 103,188.80 52.09 4,167.20 108,347.20 Senior Building Inspector 63.67 5,093.60 132,433.60 66.85 5,348.00 139,048.00 70.19 5,615.20 145,995.20 73.70 5,896.00 153,296.00 77.40 6,192.00 160,992.00 Senior Building Maintenance Mechanic 52.75 4,220.00 109,720.00 55.39 4,431.20 115,211.20 58.15 4,652.00 120,952.00 61.08 4,886.40 127,046.40 64.11 5,128.80 133,348.80 Senior Civil Engineer 81.14 6,491.20 168,771.20 85.20 6,816.00 177,216.00 89.47 7,157.60 186,097.60 93.95 7,516.00 195,416.00 98.61 7,888.80 205,108.80 Senior Equipment Mechanic 54.19 4,335.20 112,715.20 56.89 4,551.20 118,331.20 59.74 4,779.20 124,259.20 62.74 5,019.20 130,499.20 65.88 5,270.40 137,030.40 Senior Information Technology Analyst 72.36 5,788.80 150,508.80 75.97 6,077.60 158,017.60 79.77 6,381.60 165,921.60 83.75 6,700.00 174,200.00 87.95 7,036.00 182,936.00 Senior Landscape & Parks Maintenance Worker 49.26 3,940.80 102,460.80 51.72 4,137.60 107,577.60 54.32 4,345.60 112,985.60 57.02 4,561.60 118,601.60 59.86 4,788.80 124,508.80 Senior Landscape Inspector 49.26 3,940.80 102,460.80 51.72 4,137.60 107,577.60 54.32 4,345.60 112,985.60 57.02 4,561.60 118,601.60 59.86 4,788.80 124,508.80 Senior Management Analyst 71.94 5,755.20 149,635.20 75.55 6,044.00 157,144.00 79.32 6,345.60 164,985.60 83.28 6,662.40 173,222.40 87.44 6,995.20 181,875.20 Senior Planner 70.81 5,664.80 147,284.80 74.35 5,948.00 154,648.00 78.07 6,245.60 162,385.60 81.98 6,558.40 170,518.40 86.08 6,886.40 179,046.40 Senior Street Maintenance Worker 49.27 3,941.60 102,481.60 51.73 4,138.40 107,598.40 54.32 4,345.60 112,985.60 57.03 4,562.40 118,622.40 59.89 4,791.20 124,571.20 Strategic Initiatives Manager 88.91 7,112.80 184,932.80 106.68 8,534.40 221,894.40 Street Maintenance Worker I 40.62 3,249.60 84,489.60 42.64 3,411.20 88,691.20 44.78 3,582.40 93,142.40 47.02 3,761.60 97,801.60 49.39 3,951.20 102,731.20 Street Maintenance Worker II 44.73 3,578.40 93,038.40 46.97 3,757.60 97,697.60 49.32 3,945.60 102,585.60 51.78 4,142.40 107,702.40 54.37 4,349.60 113,089.60 Urban Forest Supervisor 57.70 4,616.00 120,016.00 60.59 4,847.20 126,027.20 63.62 5,089.60 132,329.60 66.80 5,344.00 138,944.00 70.15 5,612.00 145,912.00 Vehicle Abatement Officer 35.49 2,839.20 73,819.20 37.25 2,980.00 77,480.00 39.12 3,129.60 81,369.60 41.09 3,287.20 85,467.20 43.13 3,450.40 89,710.40 Range 17
Range 17
Range 24
Range 24
Range 18
Range 18
Range 22 - CAP
Range 26 - CHIEF
Range 19 - LT
Range 17
Step 1
Minimum
Step 2 Step 3 Step 4 Step 5
Maximum

CITY OF NEWARK
Salary Schedule Effective 07/01/2026
Item D. 6.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM David Benoun, City Manager
SUBJECT Report on Administrative Actions During August Recess At the December 11, 2025, meeting, the City Council adopted Resolution No. 11796 authorizing the City Manager, or Acting City Manager, to act on certain administrative matters which should not be deferred until the next regularly scheduled meeting of the City Council. The City Council directed the City Manager to report to the City Council after the recess on all such actions.

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

Attachments
Exhibit A - 2026 August Recess Memo – Table of Contents Memo 1 - All City Management Services Crossing Guard Agreement Memo 2 - Purchase of two 2026 Ford Police Interceptor Utility Hybrid AWD vehicles Memo 3 - Purchase of one 2026 Elgin Crosswind1 Street Sweeper Memo 4 - Agreement with Orion Security Services for security guard services at City Hall
Memo 5 - Amendment No. 1 to On-Call Civil Engineering Services Agreement with Haley & Aldrich, Inc.

Memo 6 - Landscape Maintenance Services Agreement with Gachina Landscape Management, Inc. Covering Five Fiscal-Year Pricing
Memo 7 - Exercise the 5th year option of the existing contract with Peregrine Technologies Inc.

Memo 8 - Acceptance of a Subscription Agreement with Forensic Logic, LLC for access to the CrimeTracer platform
Exhibit A
Memo
No.

Date Subject
Contract
Number (if
applicable)
1 08/05/26 All City Management Services Crossing
Guard Agreement
C26057
2 08/14/26 Authorization for the purchase of two 2026
Ford Police Interceptor Utility Hybrid AWD
vehicles in the about of $124,892.48 utilizing
State of California Cooperative Purchasing
Contract No. 1-22-23-14C
3 08/14/26 Authorization for the purchase of one 2026
Elgin Crosswind1 Street Sweeper in the
amount of $500,000.00 utilizing Sourcewell
Cooperative Purchasing Contract No.
062425-ELG
4 08/26/26 Approve and execute agreement with Orion
Security Services for security guard services
at City Hall through June 30, 2029
C26075
5 08/28/26 Authorize Amendment No. 1 to On-Call
Civil Engineering Services Agreement with
Haley & Aldrich, Inc., increasing Not-toExceed Amount from $900,000 to $1,278,000.
6 08/31/26 Approval of Landscape Maintenance
Services Agreement with Gachina Landscape
Management, Inc. Covering Five Fiscal-Year
Pricing Periods through June 30,2031, in an
amount Not to Exceed $2,275,000/
7 8/31/26 Exercise the 5th year option of the existing
contract in the amount not to exceed
$100,000 with Peregrine Technologies, Inc.
for fiscal year 2026-2027.
8 8/31/26 Authorize the acceptance of a Subscription
Agreement with Forensic Logic, LLC for
access to the CrimeTracer platform for
FY2026-2027 and FY2027-2028.

Item D. 7.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Ed Miranda, Information Technology Director/CIO
SUBJECT Adopt a resolution approving the First Amendment to the Contractual Services Agreement with KBA Document Solutions, LLC, increasing the total not-to-exceed compensation from $390,000 to $500,000, and amending the 2026–2028 Biennial Budget for Fiscal Year 2026-27
SUMMARY AND RECOMMENDATION
The City of Newark has a Contractual Services Agreement with KBA Document Solutions, LLC for citywide copier, printer, scanner, and fax equipment leases, maintenance, and support services. Over the course of the contract term, printing volumes have increased significantly. Staff has determined that increasing the not-to-exceed compensation by $110,000 will provide sufficient contractual and budget authority to maintain uninterrupted citywide document management services through the remainder of the existing agreement term.

Staff recommends that the City Council adopt a resolution approving the First Amendment to the Contractual Services Agreement with KBA Document Solutions, LLC, increasing the total not-to-exceed compensation from $390,000 to $500,000, authorizing the City Manager to execute the First Amendment, and approving a budget amendment to the 2026–2028 Biennial Budget for Fiscal Year 2026-27 to appropriate $110,000 in sufficient funds to cover the increased contractual obligation through August 31, 2027.

BACKGROUND
KBA Document Solutions, LLC (KBA) has served as the City's provider of citywide copier, printer, scanner, and fax equipment leases, maintenance, and support services since November 16, 2017. Over the course of this vendor relationship, the City has relied on KBA to supply and maintain multifunction document production equipment deployed across City departments and facilities.

On July 11, 2019, the City Council approved a contractual services agreement with KBA (Contract No. C19038) to continue providing these services. Upon expiration of that agreement, the City Council authorized a successor agreement on July 28, 2022, when it adopted Resolution No. 11,388, approving a new Contractual Services Agreement with KBA (Contract No. C22047). The current agreement established a five-year term commencing September 2022, with a not-to-exceed amount of $390,000 and a monthly lease cost of $3,921.08.

The current agreement includes a five percent annual escalation clause that applies over the five-year contract term, compounding the base lease and service costs each year. The agreement is now in its fifth and final year, with an expiration date of approximately August 31, 2027.

DISCUSSION/ANALYSIS
Since the execution of the current agreement, the scope of equipment deployed under the agreement has expanded to meet the operational needs of City departments. Printing and document production volume across City departments has grown significantly beyond original projections. In December 2022, two additional copiers were deployed. In March 2023, a Canon Plotter was added to the equipment inventory under the agreement. Each additional device increased the monthly lease obligation beyond the original baseline of $3,921.08 per month. These additions responded to the formation of new workgroups and the expansion of departmental locations requiring document production capabilities.

Despite the higher-than-anticipated costs, staff has determined that the in-house printing and document production solution provided by KBA remains more cost-effective than outsourcing document production to professional printing vendors.

The KBA agreement consolidates equipment leasing, maintenance, supplies, and support into a single managed service, which reduces administrative overhead and provides predictable per-unit costs for City departments. Outsourcing equivalent printing volume to external vendors would result in higher per-page costs and longer turnaround times, diminishing both financial efficiency and service delivery.

The amended not to exceed amount of $500,000 is based on a careful review of actual usage patterns across all City departments and cost projections through the contract expiration date of August 31, 2027. The $110,000 increase provides sufficient authority to cover the remaining contract term. The increase accounts for current monthly lease costs, anticipated printing volumes based on historical trends, and the remaining annual escalation adjustments.

Within a few months of the expiration of the current agreement, the City will conduct a competitive Request for Proposals process for a new document management and printing services agreement to ensure the City obtains the most favorable terms for the next contract period. The new solicitation will address lessons learned from the current contract, including the unanticipated printing volume growth, and will incorporate terms and projections that accurately reflect current citywide document production demands.

FISCAL IMPACT
The recommended action increases the not to exceed amount of the Contractual The recommended action increases the not to exceed amount of the Contractual Services Agreement with KBA Document Solutions, LLC by $110,000, from $390,000 to $500,000, to provide sufficient contractual authority through the agreement’s expiration on August 31, 2027.

The additional $110,000 is not included in the adopted budget and requires an amendment to the FY 2026–2028 Biennial Budget. Funding will be appropriated in the Office Support Internal Service Fund (Fund 705), GL Account 705.87.705.800.6241.

Adoption of the accompanying resolution authorizes both the contract amendment and the corresponding budget amendment.

This action does not extend the contract term or create an ongoing obligation beyond the current agreement.

STRATEGIC PRIORITY AREA
Boost Financial Resilience and Excellence in Service Delivery REVIEW AND APPROVAL
Prepared by - Edwin J. Miranda, Information Technology Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 - Resolution KBA Amendment
Attachment 2 - Proposed KBA Contractual Services Agreement First Amendment Attachment 3 - Contractual Services Agreement KBA
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE FIRST AMENDMENT TO THE

CONTRACTUAL SERVICES AGREEMENT WITH KBA
DOCUMENT SOLUTIONS, LLC, INCREASING THE NOTTO-EXCEED AMOUNT FROM $390,000 TO $500,000,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT, AND AMENDING THE 2026-2028

BIENNIAL BUDGET
WHEREAS, the City has utilized KBA Document Solutions for citywide copier, printer, scanner, and fax equipment leasing, maintenance, supplies, and related support services since 2017; and
WHEREAS, on July 28, 2022, the City Council adopted Resolution No. 11,388 authorizing a five-year Contractual Services Agreement with KBA Document Solutions, LLC (Contract No. C22047) for citywide copier, printer, scanner, and fax equipment leasing, maintenance, supplies, and related support services in an amount not to exceed $390,000; and WHEREAS, printing and document production volumes have increased beyond original projections, additional equipment has been deployed to meet City operational needs, and contractual escalation provisions have increased costs over the term of the Agreement; and WHEREAS, staff has reviewed actual usage and projected costs through the remaining term of the Agreement and determined that an additional $110,000 in contractual authority is necessary, increasing the total not-to-exceed amount from $390,000 to $500,000; and WHEREAS, the proposed First Amendment does not extend the term of the Agreement and only increases the authorized not-to-exceed compensation; and WHEREAS, the additional $110,000 is not included in the adopted budget and requires an amendment to the 2026-2028 Biennial Budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark hereby approves the First Amendment to the Contractual Services Agreement with KBA Document Solutions, LLC, substantially in the form attached as Exhibit A, increasing the total not-to-exceed compensation under Contract No. C22047 from $390,000 to $500,000.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the First Amendment on behalf of the City, in a form approved by the City Attorney, and to take such actions as necessary to implement this Resolution.

BE IT FURTHER RESOLVED that the City Council amends the 2026-2028 Biennial Budget to appropriate $110,000 in the Office Support Internal Service Fund (Fund 705), GL Account 705.87.705.800.6241, to provide sufficient budget authority for obligations under Contract No. C22047.

EXHIBIT A

FIRST AMENDMENT TO THE CONTRACTUAL

SERVICES AGREEMENT BETWEEN THE CITY OF

NEWARK AND KBA DOCUMENT SOLUTIONS, LLC
This First Amendment to Contractual Services Agreement ("First Amendment") is entered into by and between the CITY OF NEWARK, a municipal corporation ("City"), and KBA DOCUMENT SOLUTIONS, LLC, an office equipment supplier, identified in the Agreement as KBA Document Solutions ("Consultant"). City and Consultant are collectively referred to as the "Parties."

RECITALS
WHEREAS, on July 28, 2022, the City Council adopted Resolution No. 11,388 authorizing a five-year Contractual Services Agreement with Consultant for citywide copier, scanner, printer, and fax equipment leasing, maintenance, supplies, and related support services (“Services”), in an amount not to exceed $390,000; and
WHEREAS, the resulting Contractual Services Agreement, Contract No. C22047 ("Agreement"), provides for the Services described above, and Section 3.A of the Agreement establishes combined total compensation and costs not to exceed Three Hundred Ninety Thousand and No/100 Dollars ($390,000.00); and
WHEREAS, actual usage and projected costs through the remainder of the existing Agreement term require an increase of $110,000 in the authorized not to exceed compensation; and
WHEREAS, the Parties desire to amend the Agreement solely to increase the total not to exceed compensation from $390,000 to $500,000, without extending the existing Agreement term or otherwise changing the scope of Services.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Amendment to Section 3.A - "Not to Exceed" Compensation. The second paragraph of Section 3.A of the Agreement is deleted in its entirety and replaced with the following:
"Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) unless the performance of services and/or reimbursement of costs and expenses in excess of said amount have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount."

2. No Extension of Term. This First Amendment does not extend the term of the Agreement.

The Agreement shall continue for the remainder of its existing term as previously authorized by the City Council.

3. No Other Changes. Except as expressly modified by this First Amendment, all provisions, terms, covenants, conditions, exhibits, and attachments of the Agreement shall remain unchanged and in full force and effect.

4. Conflict. In the event of any conflict or inconsistency between this First Amendment and the Agreement, the terms of this First Amendment shall control.

5. Counterparts and Electronic Signatures. This First Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted electronically or by electronic signature platform shall be deemed original signatures for all purposes.

6. Effective Date. This First Amendment shall become effective upon execution by both Parties following approval by the City Council of the City of Newark.

CITY OF NEWARK KBA DOCUMENT SOLUTIONS, INC.

DAVID J. BENOUN BY:

CITY MANAGER TITLE:

ATTEST:

NEETU SALWAN

CITY CLERK
APPROVED AS TO FORM:

KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
CSA 8/2019 -1-

CONTRACTUAL SERVICES AGREEMENT

CONSULTANTS
This Service Agreement (hereinafter “Agreement”) is made and entered into this 14 day of JULY, 2022 by and between the CITY OF NEWARK, a municipal corporation (“City”), and KBA DOCUMENT SOLUTIONS, an office equipment supplier (“Consultant”), collectively the “Parties”.

W I T N E S S E T H:

WHEREAS City requested proposals in 2019 to perform the services generally including:

CITYWIDE COPIERS/SCANNERS/PRINTERS/FAX LEASING, MAINTENANCE, AND SUPPLIES.

WHEREAS, in response to City’s request, Consultant submitted a proposal, and, after negotiations, Consultant agreed to perform the Services more particularly described in Exhibit “A” (“Services”), in return for the compensation described in this Agreement and Exhibit “B”.

WHEREAS, in reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C”, City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested Services.

WHEREAS, Consultant had agreed to and has been performing similar services for City since November 16, 2017, and most recently entered into an agreement approved by City Council on July 11, 2019, the term of which will expire on August 31, 2022.

NOW, THEREFORE, the Parties hereto agree as follows:

1. CONSULTANT’S SERVICES. Consultant shall perform Services described, and in the time, place, and manner specified in Exhibit “A” in accordance with the terms and conditions of this Agreement. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall control.

2. TIME FOR PERFORMANCE. Time is of the essence in the performance of Services under this Agreement and Consultant shall generally adhere to the schedule set forth in Exhibit “A”; provided, that City shall grant reasonable extensions of time for the performance of such Services occasioned by governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances, provided, further, that such unavoidable delays shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to Consultant.

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CSA 8/2019 -2-
Consultant acknowledges the importance to City of City’s performance schedule and agrees to put forth its best professional efforts to perform its Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound professional practices.

3. COMPENSATION.

A. “Not to Exceed” Compensation. City shall compensate Consultant for all Services performed by Consultant hereunder in an amount based upon Consultant’s hourly or other rates set forth in Exhibit “B”. The payments specified in Exhibit “B” shall be the only payments to be made to Consultant for Services rendered pursuant to this Agreement.

Notwithstanding the foregoing, the combined total of compensation and costs payable hereunder shall not exceed the sum of Three Hundred Ninety Thousand and No/100 Dollars ($390,000.00) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City, evidenced in writing authorizing such additional amount.

B. Method of Billing. To request payment, Consultant shall submit monthly invoices to City identifying Services performed and the charges therefore (including an identification of personnel who performed Services, hours worked, hourly rates, and reimbursable expenses), based upon Consultant’s billing rates (set forth on Exhibit “B” hereto).

Consultant shall submit all billings for said Services to City in the manner specified in Exhibit “B”; or, if no manner is specified in Exhibit “B”, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City.

Invoices shall be mailed and emailed to:

City of Newark
Attn: Angela Montez
37101 Newark Blvd.

Newark, CA 94560
[email protected]
Upon completion of Services, City shall sign off and acknowledge that all terms and conditions have been satisfactorily met; upon which, unless waived by City in writing, Consultant shall prepare an itemized statement, briefly describing by task and/or labor category the items billed.

C. Payment. Upon receipt of an invoice, City shall make payments to Consultant on a monthly basis, or at such other times as may be specified in Exhibit “B”, for Services, which are performed in accordance with this Agreement to the satisfaction of City.

D. Consultant’s Failure to Perform. In the event that Consultant performs Services that do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from City, re-perform the services (without additional compensation to DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 CSA 8/2019 -3-
Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to City, Consultant shall reimburse City for the damages incurred (which may be charged as an offset to Consultant’s payment).

4. ADDITIONAL SERVICES. In the event City desires the performance of additional services not otherwise included within Services, such services shall be authorized by written task order approved in advance of the performance thereof. Such task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the Parties deem appropriate for the accomplishment of such services. Except to the extent modified by a task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order.

5. INDEPENDENT CONSULTANT. At all times during the term of this Agreement, Consultant shall be, and is an independent consultant and shall not be an employee or agent of City. Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s Services; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to this Agreement.

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.

6. PERSONNEL. Consultant understands that, in entering into this Agreement, City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of Consultant, including the qualifications of its Authorized Representative, its designated personnel, and its Subconsultants, if any, identified in Exhibit “C”. Therefore, Consultant shall not replace its Authorized Representative, or any of the designated personnel or Subconsultants identified in Exhibit “C”, without the prior written consent of City. All Services shall be performed by, or under, the direct supervision of Consultant’s Authorized Representative.

Consultant agrees to include with all Subconsultants in their subcontract the same requirements and provisions of this Agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subconsultant’s work. Subconsultants hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subconsultant further agrees to include these same provisions with any Sub-subconsultant. A copy of this Agreement’s Indemnity and Insurance provisions will be furnished to the Subconsultant upon request. The Consultant shall require all Sub-subconsultants to provide a valid certificate of insurance and the required endorsements included in this Agreement prior to commencement of any Services and will provide proof of compliance to the City.

In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any of Consultant’s designated personnel or Subconsultants, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

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7. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing Services.

8. INFORMATION AND DOCUMENTATION.

A. Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of Services. If Consultant believes additional information is required, Consultant shall promptly notify City and City will provide to Consultant all relevant non-privileged information in City’s possession.

B. Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultants’ invoices and payments, and reimbursable expenses. Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours.

C. Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“Work Product”), whether complete or in progress, are the property of City and shall be given to City at the completion of Consultant’s Services, or upon demand of City. Consultant shall have a right to make and keep copies of the Work Product except for any confidential information. Consultant shall not reveal the Work Product, or the confidential information contained in the Work Product, or make it available, to any third party without the prior written consent of City.

9. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of the Political Reform Act (California Government Code Section 81000, et seq.) and other laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with City (including this Agreement) involving Consultant’s conflicting interest may be terminated by City.

10. NONDISCRIMINATION. Consultant shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, sex, age, or any other basis, as defined in California Civil Code Section 51.

11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

Consultant shall perform Services using a standard of care equal to, or greater than, the degree of DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 CSA 8/2019 -5-
skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

12. RESERVED.

13. RESERVED.

14. INSURANCE. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, subconsultants, or employees.

A. Verification of Coverage.

Consultant shall furnish City with original certificates of insurance and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences.

Proof of Insurance shall be mailed to the following address, or any subsequent address as may be directed in writing by the City Risk Manager:

CITY OF NEWARK
Attn: Risk Manager
37101 Newark Boulevard
Newark, CA 94560
City reserves the right to require and obtain complete, certified copies of all required insurance policies and endorsements at any time. Failure to exercise this right at any time shall not constitute a waiver of right to exercise later. Consultant shall immediately furnish City with certificates of renewal for each policy that is renewed during the term of this Agreement.

B. Minimum Scope of Insurance.

Coverage shall be at least as broad as:

1. Insurance Services Office Form Number CG 00 01covering Commercial General Liability on an occurrence basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury; and

2. Insurance Services Office Form Number CA 00 01 covering Code 1, (any auto), or Code 8 (hired) and Code 9 (non-owned) if consultant has no owned autos; and
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3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance; and

4. Errors and Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.

C. Minimum Limits of Insurance.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of 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 this Agreement; or (2) the broader coverage and maximum limits of coverage of and Insurance policy or proceeds available to the named Insured; whichever is greater.

Consultant shall maintain limits no less than:

1. General Liability:
(including products and
completed operations,
property damage, bodily
injury, and personal and
advertising injury)
$2,000,000 per occurrence for
bodily injury, personal injury, and
property damage. If a general
aggregate limit applies, either the
general aggregate limit shall apply
separately to this project/location or
the general aggregate limit shall be
twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions
Liability:
$1,000,000 per occurrence or
claim; $2,000,000 aggregate.

D. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City Risk Manager. At the option of City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its officers, officials, directors, employees, contractors, agents, and volunteers, or (2) Consultant shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by the City Risk Manager or designee.

E. Claims Made Policies.

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For all “claims made” coverage, in the event that Consultant changes insurance carriers Consultant shall purchase “tail” coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than five (5) years thereafter. Proof of such “tail” or other continuous coverage shall be required at any time that the Consultant changes to a new carrier.

F. Wasting Policies.

No policy required by this paragraph 14 shall include a “wasting” policy limit (ie. limit that is eroded by the cost of defense).

G. 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:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement.

2. 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

3. Terminate this Agreement.

H. Acceptability of Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City Risk Manager. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

I. Other Insurance Provisions.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. Additional Insureds. City, its officers, officials, directors, employees and volunteers (“Additional Insureds”) are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of consultant; including materials, parts or equipment furnished in connection with such work or operations.

2. Primary Coverage. For any claims related to Services, Consultant’s insurance coverage shall be primary insurance as respects City, its officers, officials, directors, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 CSA 8/2019 -8-
officials, directors, employees, or volunteers shall be excess of Consultant’s insurance and shall not be contribute with it. Consultant’s policy will not seek contribution from the City’s insurance or self-insurance.

3. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled during the term of this Agreement without notice to City.

4. Civil Code § 2782. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. Deductibles and Self-Insured Retentions (SIR). All deductibles and self-insured retentions must be disclosed to the City Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

6. Subconsultants. Consultant shall include all subconsultants as insureds under its policies or shall require and verify separate certificates and endorsements have been obtained for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein.

7. Waiver of Subrogation. With respect to Workers’ Compensation and Employer’s Liability Coverage, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, directors, employees, and volunteers for losses arising from work performed by Consultant for City.

8. Coverage is Material Element. Maintenance of proper insurance coverage in conformity with the provision of this paragraph 14 is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage or renewal may be treated by City as a material breach of this Agreement.

9. Variation. The City Risk Manager may approve a variation in these insurance requirements upon a determination that the coverage, scope, limits, and form of such insurance are either not commercially available or that City’s interests are otherwise fully protected. Any variation granted shall be done in writing and shall be made a part of this Agreement as Appendix “A”.

15. REPORTING DAMAGES. If any damage (including but not limited to death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-578-4428, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Administrator (see paragraph 19, herein below) a written report (in a form acceptable to City) with the following information: (a) name(s) and address(es) of the injured or deceased person(s), (b) name(s) and address(es) of witnesses, (c) name(s) and address(es) of Consultant’s insurance company(ies), and (d) a detailed description of the damage(s) and whether any City property was involved.

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16. INDEMNIFICATION/SAVE HARMLESS. To the fullest extent permitted by law, the Consultant shall: (1) immediately defend, and (2) indemnify City, its, officers, officials, directors, employees, and volunteers from and against all liabilities regardless of nature or type arising out of or resulting from Consultant’s performance of Services, or any negligent or wrongful act or omission of Consultant or Consultant’s officers, employees, agents, or subconsultants.

Liabilities subject to the duties to defend and indemnify include, without limitation all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Consultant’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

In the event that Consultant or any employee, agent, or subconsultant 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.

The duty to defend is a separate and distinct obligation from Consultant’s duty to indemnify. Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by City immediately upon tender to Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established.

An allegation or determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Consultant from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Consultant may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

The review, acceptance or approval of Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This paragraph survives completion of Services or the termination of this contract.

The provisions of this paragraph are not limited by and do not affect the provisions of this contract relating to insurance.

Consultant/Subconsultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

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17. LICENSES, PERMITS, ETC. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. In addition to the foregoing, Consultant shall obtain and maintain during the term hereof a valid City of Newark Business License.

18. TERM/TERMINATION.

A. The term of this Agreement shall commence upon the date first hereinabove written and shall expire upon completion of performance of Services hereunder by Consultant.

B. Notwithstanding the provisions of paragraph 18 Section A above, City may terminate the Maintenance Agreements 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 such termination, City shall compensate Consultant for Services rendered and reimburse Consultant for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the Services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to City hereunder. The lease termination terms will be in accordance with the Non-Appropriation Rider and lease.

19. CONTRACT ADMINISTRATION. This Agreement shall be administered by LENKA HOVORKA of the City of Newark (“Administrator”). All correspondence shall be directed to or through the Administrator or his/her designee.

20. NOTICES. Written notices required or convenient hereunder shall be delivered personally or by depositing the same with the United States Postal Service, first class (or equivalent) postage prepaid and addressed, in the case of Consultant, to:

KBA Document Solutions CITY OF NEWARK

ANGELA AGUILAR CARMEN VALENZUELA LENKA HOVORKA
Consultant Administrator
Address: KBA Document Solutions
32900 Alvarado-Niles Rd. #10
Union City, CA 94587
City of Newark
Attn: Lenka Hovorka
37101 Newark Boulevard
Newark, CA 94560

21. PARAGRAPH HEADINGS. Paragraph headings used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof.

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22. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

23. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the Parties’ intent under this Agreement.

24. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

25. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

26. ASSIGNABILITY. Neither Consultant nor City shall sub consult, assign, sell, mortgage, hypothecate, or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party.

27. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

28. WAIVERS. Waiver of breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement.

29. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the Parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of Consultant and City. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

31. COVENANT AGAINST CONTINGENT FEES. Consultant hereby warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, at City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 CSA 8/2019 -12-
K
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF NEWARK, KBA Document Solutions
a municipal corporation
By By
City of Newark Consultant
Date Date
Printed Name
Attest:

City Clerk
Date
Approved as to form:

City Attorney
Date
DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 Stefan Brandes Vice President, Sales
7/8/2022
CSA 8/2019 -13-

EXHIBIT A

SCOPE OF SERVICES
Please see the attached documents from KBA Document Solutions:

1. Non Appropriation Rider

2. Lease Agreement

3. City of Newark Lease Equipment List 6-22

4. Maintenance Agreement
DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 CSA 8/2019 -14-

EXHIBIT B

PAYMENT
Please see

1. FMV Lease Options, includes monthly payment, supply cost for Canon Wide Format consumables, and cost of print per page overages.

2. Kyocera MPS Uptime Pricing for laser printer consumables DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372 CSA 8/2019 -15-

EXHIBIT C

QUALIFICATIONS
Please see KBA Document Solutions: Total Satisfaction Guarantee and KBA Key Personnel
DocuSign Envelope ID: 2E950BCC-4B51-439F-B655-0C3C6F196372

NON APPROPRIATION RIDER
This Non-Appropriation Rider to the Private Label Lease Agreement Number 11440 dated as of , 2022 (the "Lease"), is by and between KBA Document Solutions as lessor and City of Newark, as lessee.

Capitalized terms used herein without definition shall be defined as provided in the Lease.

Notwithstanding anything contained in the Lease to the contrary,

1. Lessee presently intends to continue the Lease for its entire term and to pay all rentals relating thereto and shall do all things lawfully within its power to obtain and maintain funds from which the rentals and all other payments owing thereunder may be made. To the extent permitted by law, the person or entity in charge of preparing Lessee's budget will include in the budget request for each fiscal year during the term of the Lease the rentals to become due in such fiscal year, and will use all reasonable and lawful means available to secure the appropriation of money for such fiscal year sufficient to pay all rentals coming due therein. The parties acknowledge that appropriation for rentals is a governmental function which Lessee cannot contractually commit itself in advance to perform and the Lease does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all rentals can and will lawfully be appropriated and made available to permit Lessee's continued utilization of the Equipment in the performance of its essential functions during the term of the Lease.

2. If Lessee's governing body fails to appropriate sufficient moneys in any fiscal year for rentals or other payments due under the Lease and if other funds are not available for such payments, then a "NonAppropriation" shall be deemed to have occurred. If a Non-Appropriation occurs, then: (i) Lessee shall give Lessor immediate notice of such Non-Appropriation and provide written evidence of such failure by Lessee's governing body at least sixty (60) days prior to the end of the then current fiscal year or if NonAppropriation has not occurred by that date, immediately upon such Non-Appropriation; (ii) no later than the last day of the fiscal year for which appropriations were made for the rentals due under the Lease (the "Return Date"), Lessee shall return to Lessor all, but not less than all, of the Equipment covered by the Lease, at Lessee's sole expense, in accordance with the terms hereof; and (iii) the Lease shall terminate on the Return Date without penalty or expense to Lessee and Lessee shall not be obligated to pay the rentals beyond such fiscal year, provided, that Lessee shall pay all rentals and other payments due under the Lease for which moneys shall have been appropriated or are otherwise available, provided further, that Lessee shall pay month-to-month rent at the rate set forth in the Lease for each month or part thereof that Lessee fails to return the Equipment as required herein.

3. The Lease shall be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease, and no liability on account thereof shall be incurred by the Lessee beyond the amount of such monies. The Lease is not a general obligation of the Lessee. Neither the full faith and credit nor the taxing power of the Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to appropriate or make monies available for the purpose of the Lease.

4. Lessee’s obligation with respect to rent that becomes due upon exercise of Lessor’s remedies with respect to an Event of Default shall be limited to such amount permitted under applicable law.

5. The Lease and this Rider shall be governed by the laws of the state in which Lessee is located. Any provisions of the Lease or this Rider found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease or this Rider.

6. This Rider may be executed in several counterparts and all of which shall constitute but one and the same instrument.

7. This Rider shall be binding upon and inure to the benefit of the Lessee and Lessor and their respective successors and assigns.

8. Except as modified herein the Lease remains in full force and effect.

IN WITNESS WHEREOF, each of the parties hereto has caused this Rider to be executed as of the day of , 2022

LESSEE LESSOR
By ______________________________ By __________________________ Title ____________________________ Title _________________________ Certificate Of Completion
Envelope Id: 2E950BCC4B51439FB6550C3C6F196372 Status: Completed Subject: Please DocuSign: KBA-City of Newark Contract 22-27.docx Source Envelope:

Document Pages: 15 Signatures: 1 Envelope Originator:

Certificate Pages: 1 Initials: 0 Angela Aguilar
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
225 Sand Road
Fairfield, NJ 07004
[email protected]
IP Address: 72.207.156.102
Record Tracking
Status: Original
7/8/2022 9:04:45 AM
Holder: Angela Aguilar
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Stefan Brandes
[email protected]
Vice President, Sales
KYOCERA Document Solutions America, Inc.

Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 50.255.54.17
Sent: 7/8/2022 9:08:05 AM
Viewed: 7/8/2022 9:24:55 AM
Signed: 7/8/2022 9:25:56 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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Envelope Sent Hashed/Encrypted 7/8/2022 9:08:05 AM
Certified Delivered Security Checked 7/8/2022 9:24:55 AM Signing Complete Security Checked 7/8/2022 9:25:56 AM
Completed Security Checked 7/8/2022 9:25:55 AM
Payment Events Status Timestamps
1 40F

Angela Aguilar
Senior Account Executive
510-214-4052
KBA Document Solutions LLC
Over 40 years in California
2 Dear Lenka and Angela,
Thank you for the opportunity to review your document imaging requirements and propose a solution to meet your objectives. As you will see, KBA’s offering meets or exceeds your needs, as well as providing for future growth.

Highlights include:
⚫ KBA’s Staff has over 40 years of experience with Copiers and Software. This experience allows us to be experts in the ability to advise and assist in setting up your solution.
⚫ Future performance: Customers know they can depend on KBA for the best product upgrades and business approach year after year.
⚫ Best value: Customer confidence in Kyocera products and KBA’s unmatched customer service and support has enabled KBA to become one of the fastest growing imaging companies in the United States.
⚫ All work to be completed on or before required TBA completion date.

Please see enclosed Executive Summary with our experience, short staff resumes and our guarantees.

In summary, our objective is to help you achieve your goals. The proposed KBA solution will enhance your organization with a new level of productivity and cost-effectiveness. KBA takes a proactive approach to managing our customers and as detailed throughout our response, we pride ourselves in a high level of customer service. Thank you for this opportunity! Best regards,
Angela Aguilar
Senior Account Executive
32900 Alvarado-Niles Rd., #100
Union City, Ca. 94587
KBA Document Solutions
[email protected]
510-364-6782(cell)
3 KBA Key Personnel
Todd Moody – President, over 30 years’ experience. Todd will work on your behalf to make sure KBA stays on the forefront of technology. Through his longstanding relationship with our manufacturers and employees, he will keep our equipment and staff fresh and motivated to attain our goals.

Brent Meeks – General Manager – over 30 years’ experience. Brent will work on your behalf to make sure all equipment and solutions offered are provided in a timely manner with a seamless delivery process and excellent customer service.

Angela Aguilar - Senior Account Executive, 21 years’ experience. Angela has the experience and commitment to provide customers with the most flexible and cost-effective solutions to meet the organization’s needs.

George Fidentzis – Director of Technical Service, 27 years’ experience. George is an amazing talent. George’s experience level of all technical aspects of software (DocuFlow, DocuWare and more) can be relied upon to quickly come resolve any of your issues.

Mark Cooper – Service Operations Manager, 29 years’ experience. Mark is the in-house service/parts supervisor. Mark will be the person behind the scenes making sure the required parts are in stock and that our technicians have everything they need to quickly repair machines.

John Foust - Direct of Service, 24 years’ experience as field technician. Awarded “Top Technician” in the Western Region, Papercut Technician.

Manufactured Trained from Kyocera and Canon.

Norm Santos - Field Service Manager, 25 years’ experience as field technician for Kyocera and Canon. Awarded “Top Five” Technician in the Western Region, Papercut Technician.

Mark Ericson - Senior Field Specialist/Escalation Specialist – over 20 years’ experience.

Expertly trained on Canon. Trained on Kyocera and HP’s. OEM factory trained on Canon’s, Uniflow Certified, Kyocera and HP. Excellent customer support! Steve Smith – Service Team Lead – over 30 years’ experience. Expertly trained on Kyocera and Canon, Steve will ensure service at the highest level with superior customer support.

Carmen Valenzuela – Office Manager/Leasing Manager–over 30 years’ experience.

Carmen will ensure all paperwork and service provided on the back end will meet or exceed your expectations. She is an exceptional leader and is an expert in our industry. 4 Capacity & Methodology-KBA’s Scope of Service
KBA is committed to maintaining a flat organizational structure, which allows our customers to contact our account representatives with ease. We guarantee a less than 24-hour resolve of any account inquiry. Service response is 1-4 Hours. KBA will provide trainers and technicians to participate in training classes.

Sales & Service from one point of contact: We provide the equipment and maintenance agreement, so you don't have to deal with several different people. Your main point of contact is Angela Aguilar. She will be responsible for handling any inquires on your account i.e., new technology upgrades, billing issues, service, or supply issues. She has experience working with Government and Major Accounts and has been the representative for Canon, HP, and Kyocera for many years. Her dedication to resolving any customer’s inquiry with efficiency and expeditiously is truly beneficial to both the customer and KBA. We pride ourselves with a level of customer service that far exceeds the norm in today's business environment. It is our goal to resolve any customer issue within 24 hours, and not burden the customer with excuses or misinformation. If you are not pleased with the response you are receiving from our staff, feel free to contact Todd Moody, President, your concerns will be immediately addressed. You may also utilize our web site for service calls, supply orders or meter reads the address is www.kbadocusys.com or call 1.866.536.0050. Now you can download the KBA Support App for iPhone or Android.

KBA’s Commitment to Elite Customer Service.

In business it's Location, Location, and Location. In Document Imaging it is SERVICE, SERVICE, and SERVICE. Here at KBA we consider ourselves a Service-driven company -- that also sells great products. Our status as Kyocera’s and Canon’s fastest growing new partner in the past fifteen years ensures that the products we sell and service are reliable and userfriendly, which makes them the perfect choice to reinforce our service-driven business model.

At KBA our service technicians are mandated to essentially perform preventive maintenance during regular service calls. This results in longer periods of time between needed service and more copies between calls. KBA will assign dedicated technicians to be the main point of contact for you for all initial service issues. All your safety standards rules and regulations will be honored.

KBA's Guaranteed Service Response time is 1 to 4 hours: most others are 4 to 6 hours. You will also receive a call within 30 minutes from your Technician with an ETA!! ➢ Replacement Guarantee: If we can't fix a machine we service, we will replace it with a comparable model.
➢ Integrity of KBA: Because of the level of service we provide, we have nearly 100% customer satisfaction (Industry average is 65-70%).
➢ Proactive Approach to Servicing Office Equipment: Our field engineers replace parts on a regular, preventive basis, rather than waiting until the parts exceeds their useful life.

KBA has a long history of maintaining high production equipment, copiers, printers, 5 facsimile and now digital multi-function devices and software solutions. KBA's service has long been recognized locally and nationally as setting the benchmark for others to strive to. KBA guarantees a 1 to 4-hour response time for all our customers. With thousands of calls per year, KBA's on time response rate is 98.1%. Our response time is measured from the time the call is placed to the time the service call is closed by the service engineer on site. If per chance our less than 4-hour response time is not achieved, a pre-determined credit will be applied to the next month’s billing. KBA carries locally in our Warehouses one of the largest parts inventories and equipment, of any copier dealer in the area, including Xerox, Ricoh, Canon, Toshiba, etc.

KBA has a local parts courier who distributes parts needed to all field technicians several times a day. Assuring our customers get back up and running quickly. KBA also can overnight, RED LABEL, any part needed that may not be in inventory. KBA Service Engineers can query KBA’s 2 million Dollar Parts Inventory from there smart phones. We guarantee and deliver 95% uptime, period.

Service separates our business from offering just another transactional commodity. The quality of service and support can greatly distinguish two different companies offering the same product. KBA prides itself on its exceptional service reputation. KBA will provide service that meets or exceeds the unique operational requirements of your organization. As part of our service KBA will continually monitor each systems methodology and assess each departments needs to enable an optimal solution for your entire organization. KBA can provide Automatic Automated Supply replenishment to each Department that works very efficiently! In building a service model, we are challenged with the following dichotomy:

How do we provide a quicker response? Be more proactive in replacing parts before they fail and hire and retain the best field technicians in the industry. This very business model requires us to assign smaller territories per technician to allow them to manage their customers’ specific needs more efficiently. KBA puts more replacement parts in the equipment to ensure the increase of images between failure rates and pays a higher salary in the process to secure and retain talented individuals. All this while remaining competitive in the marketplace with our service and support pricing.

KBA manages by selling added value in our service pricing, achieving efficiencies in our equipment’s performance through our extensive years of experience, and controlling our overhead.

KBA's approach to maintenance is pro-active, not reactive. Our philosophy is to anticipate problems before they cause downtime. KBA technicians are trained and mandated to replace parts BEFORE they fail or have reached their pre-determined life. This results in less down time, longer periods between service, less frustration and much greater customer satisfaction. Unlike other vendors our technicians do not have a parts budget and are not penalized for their parts usage. KBA's pro-active service policy is unique in the industry. The most expensive component of service is labor and by utilizing our "Perfect Best Practice" service philosophy we not only keep the systems running to optimum ability, but we are also able to keep the end user satisfied. Technicians can also take time to do a good job the first time, resulting in a low call back ratio. 98% of KBA's service calls are completed on the first call. KBA has an automated 3 calls in 30 days call alert, which sends a message to the Service Department, and the appropriate Team Leader, that this system needs special attention. This triggers a call to action, which then may require an on-site visit by the Service Response Team, a thorough inspection, and sometimes overhaul of the equipment. If the system needs shop repair a loaner will be delivered.

KBA has a team of highly qualified network specialist, trained, and certified by Kyocera, 6 Canon, and HP. Multifunctional installations with KBA are easy, fast, and rather intuitive. KBA technical staff has excelled in this arena for years.

All service histories for the machines KBA services are kept in our system called eAutomate. We may access the information directly from our software in the office, through the ADS system, from the dispatchers or through the Compass Software system the sales department uses. In addition to the service history, the system monitors the service call status for each service call from the moment the customer places the service call until the technician closes the service call.

The permanent history kept in the eAutomate system includes dates and time of the service, number of calls placed, response time, call duration, problems reported by the customers, solutions for the problems from the technicians, meter information and parts used.

This information is used frequently by our service managers and technical specialists to analyze the performances of our machines. This information is available to our customers upon request.

Our sales representatives also have access to the service history through KBA’s Compass Software. This is a “snapshot” version of the history. Controlling, containing, and managing imaging cost is a paramount goal for KBA. Document creation, printing and distribution can amount to 8-20% of your operating expenditures. KBA’s Total Document Approach can help you control your costs. Cost reduction maximized productivity and increased security all in one program. KBA’s Total Document Approach will help create, print, scan, index, archive, share, and retrieve mission critical documents. KBA offers several options for remote monitoring of the copier Fleet. KBA can offer an analysis of your current workflow and will show you how to integrate and leverage your existing IT.

KBA Implementation Plan – Statement of Work/Action Plan The implementation schedule will detail which resources from KBA and which resources from you are necessary to provide the most efficient install.

Typically, the resources required would be a facilities or operations person, and an IT/IS person overseeing the area. It is necessary to coordinate the physical delivery of each device with the appropriate manager, and perhaps an operational person, so that they can relay to the department personnel the schedule. Immediately after physical hardware installation, a KBA engineer would work directly with IT/IS to ensure that network capabilities are deployed, i.e., printing, scanning, and more. For example: An IT/IS person from your organization would assist our engineer to implement the drivers at the server level. Additionally, and part of the collaborative implementation schedule our technician would collect all IP address, one-touch, and address book information from current systems to pre-configure the new before delivery.

Once the devices are installed and connected to the network, as required by end users, then as part of the implementation schedule, KBA would provide end user training. The equipment is delivered with IP Address and more preinstalled.

Upon delivery of the new devices our technical team will install the devices and perform initial hardware testing. After the hardware is configured, our technical team will closely work with your IT/IS staff to ensure that the devices are networked for printing, scanning, job submission software, taking into consideration your objectives. Once the devices are up, operating and connected to the network, we will then provide your staff ongoing and unlimited training. Many times, the training will commence as a high-level overview of printing, scanning, and copying, but will then move on to a high-level session 7 with the operator to address specific needs, help with interface customization, and scan to functionality, etc.

Managing implementations requires specialized expertise that can only be gained from extensive experience. KBA’s staff has experience with large equipment installations/transitions. KBA’s mythology is based on Project Management Institute (PMI) standards, processes, and best practices to minimize business risks and ensure that the project is completed on-time, within budget, and to your exacting specifications. This phase will incorporate all the recommendations proposed for an optimization for all the equipment.

The KBA Team will consist of KBA Engineer, KBA technician, KBA trainer, KBA Account Executive, Supply/Service CR Person, as well as any other support personnel and resources deemed necessary to accomplish the installation. KBA Team will be responsible for the overall management of your account.

KBA’s Implementation Methodology-Delivery, Installation and Training At its highest level, KBA’s implementation methodology encompasses phases to ensure all aspects and procedures are set up to simplify the process.

Initiate
During this phase, KBA will conduct an internal kickoff meeting to review the project scope and to familiarize any new KBA team members with the account history and details. A joint Project Kickoff Meeting will then be scheduled between the KBA team and your team to establish the high-level goals, objectives, risks, and timeline for the project. Once the joint project team is solidified and the details finalized, the project will move into the next phase - Plan.

Plan
During this phase, due diligence will be performed, and the critical elements will be finalized.

The key component of this phase is a site survey, which will be conducted at the respective site(s) to obtain the necessary data for a smooth implementation process. It is an opportunity for the KBA team to work in coordination with your team to ensure all critical elements have been accounted for.

During the site survey, KBA personnel will:
• Identify location for on-site toners, parts, and or other consumables. • Identify/verify location of equipment for installation. • Collect appropriate IP addresses.
• Identify installation challenges, risks, and /or special circumstance. • Verify power and data connectivity.
8 Upon acceptance of KBA’s proposed equipment configuration, KBA’s Order Management reviews and processes the contract and sets up your account within KBA’s internal system. This triggers several other actions, including:
• Equipment is released to a staging area for delivery preparation. • Equipment is pre-configured to the specifications of the bid, including the enclosure of Starter Kits and service information labeling.
• Customer information packages (including device specifications, service call procedures, reference guides, and instructional guides) are compiled to accompany the equipment.
• Service installation and training are scheduled to coincide with the delivery of the equipment.
o Training will include hands-on activities, manuals, and videos. o Training can be conducted individually or for a group in a classroom setting; training by KBA’s tenured training staff.
• An eAutomate account is set up. eAutomate is a web-based account management tool that provides administrative control over your devices.. It fully integrates with Canon’s internal systems, providing you with greater access to account information.

Upon enrollment, you can begin taking advantage of the many features of eAutomate, such as, eAutomate Benefits:
o Identifying and validating devices
o Reviewing installations by location
o Submitting meter reads
o Viewing meter read history
o Placing service requests
o Checking status of service requests
o Ordering supplies
o Ordering toner
Supply Order Processes-KBA Automatic toner ordering
KBA can set up your account for auto toner replenishment and auto meter reads electronically via FM Audit. Ordering supplies for your KBA Systems can also be done via Phone, email, Web, or iPhone APP 24/7. Simply contact KBA enter your ID number and supplies are shipped.

We will make sure you always have multiple supplies on hand.

KBA is very proactive for making sure there is plenty of supplies on location.

If you have space for extra toners or parts, we would be happy to stock items on location.
9 KBA DOCUMENT SOLUTIONS

TOTAL SATISFACTION GUARANTEE
Best of the Best Products in the Industry
KBA Document Solutions is one of the only elite copier dealerships left in the Bay Area. As an elite copier dealership, we have the advantage of choosing the products with the best technology and features to optimize your business. Every product line has a weakness, and so single-line dealers will always have a weak link in their product line. KBA is an authorized triple-line dealer so that we can always provide the best of the best no matter what your needs are. So, when you consult with us, you know that you are going to be introduced to the best products in the market.

Good Old-Fashioned Service
It seems harder and harder to find personal and responsive service nowadays. KBA Document Solutions is a throwback to when genuine service with a smile was the norm. We make promises and keep them. If you are having problems, then we will come up with a solution. We are committed to making sure that you are so happy that you will tell all of your friends and associates that KBA is the only vendor that they should talk to.

Free Replacement
We stand behind every product that we sell or lease and guarantee your complete satisfaction. If your copy machine, fax machine or printer does not work according to the manufacturer’s specifications and we can’t fix it, then we will replace your machine with a machine of comparable or better features and functions free of charge.

Service Loaner
If the equipment is deemed inoperable and KBA is unable to correct the problem, a loaner of similar or upgraded features will be provided at no additional cost until your equipment is repaired. 98% Uptime Guarantee
The equipment provided will be operational with an average of at least 98% uptime (excluding preventative maintenance time) or we will provide a loaner of similar or upgraded features at no additional cost, until your equipment is repaired.

Response Time Guarantee
KBA guarantees that a KBA-certified field service engineer will respond to your emergency service calls, placed to KBA’s dispatch department, within an average of two to four hours. You agree to provide KBA with requested details on the problem and equipment ID# when placing calls.

Performance Guarantee
If your equipment or its accessories do not operate within manufacturer’s specifications, and if the equipment cannot be repaired to perform within specifications, you must notify us, at the address shown on your monthly invoice, in care of the Collections Supervisor, by certified mail. We will have 30 days to repair and correct non-performance. If we fail to correct the problem(s) within 30 days, we will replace your equipment with like for like equipment. All payments and contractual obligations must be fulfilled by both parties during this period. • The KBA Document Solutions Total Satisfaction Guarantee is in effect for up to five years from the date of installation. Your machine must be continuously covered by a KBA Maintenance Agreement, and you must use genuine parts and supplies for your machine from the date of installation to be covered by the KBA Document Solutions Total Satisfaction Guarantee. Equipment damaged or destroyed because of customer’s negligence, misuse or abuse, improper electrical power or an act of God are not covered under this program 10 KBA References
City of Union City
Mario Vallejo
[email protected]
City of Concord
Scott Conn, IT Division Head
925-6871-3248 or [email protected]
City of Rohnert Park
Angie Smith, Purchasing
707-585-6740 or [email protected]
California Department of Education
Kim Ohara, Analyst
916-323-9587 – [email protected]
Alameda Unified School District
Robin Odell, Director of MIS
510-337-7000 ext. 77182 [email protected]
KBA, Angela Aguilar, Brent Meeks and our Team will work tirelessly and closely with you.

To assure all aspects, equipment, software, billing, supply delivery, service response is to the satisfaction standards which you expect, desire, and deserve! As your needs change and expand KBA is ready with several solutions to improve workflow, control cost and maintain a more efficient way to operate! 11 Kyocera M6235cidn
37ppm Black & White/Color Digital Copier/Printer/Scanner/Fax System Includes:
• 37 imp 75 Sheet Reversing Document Feeder
• Standard 7” Color Touch Screen with Tablet-Like Home Screen • Scan-to-file, Scan-to-FTP, & Scan-to-Email, Desktop, Server • One 250 Sheet Paper Drawer up to 81/2 x 14
• Print up to Legal Size
• Double Sided Scanning (two-sided copying, printing, and scanning) • Bypass Tray (100 sheet capacity)
• 1GB of RAM
• USB Drive
• 1200 x 1200 dpi
• Cloud Faxing
• Apple Air Print Enabled for Mobile Printing Solution
• DocuFlow Software with Badge Readers
Includes Delivery, Installation & Training
Service/Supplies Includes:

All parts, toner, labor, preventative maintenance, and service calls to our certified technicians.

Excludes tax, toner shipping ($4.00 per mo.), and paper.

Service Program Breakdown
To be included in Master Maintenance Agreement
12 Kyocera TASKalfa 308ci
32 ppm B/W, 32 ppm Color Digital Copier/Printer/Scanner/Fax System Shown with Optional Accessories
System Includes:
• 8 Bit color printing
• 60ipm Simplex/27ipm Duplex Color Network Scanner
• 75 Sheet Reversing Document Feeder
• Scan-to-file, Scan-to-FTP, & Scan-to-Email, Desktop, Server • Two Universal 500 Sheet Paper Drawers up to Legal (81/2 x 14) • Automatic Duplex (two-sided copying, printing, and scanning) • Internal Staple Finisher
• Bypass Tray (100 sheet capacity)
• 4GB of RAM, 320 GB HDD
• USB Drive
• Mobile Printing
• Cloud Faxing
• Docuflow Software with Badge Reader
Includes Delivery, Installation & Training
Service/Supplies Includes:

All parts, toner, labor, preventative maintenance, and service calls to our certified technicians.

Excludes tax, toner shipping ($4.00 per mo.), and paper.

Service Program Breakdown
To be included in Master Maintenance Agreement
13 Kyocera TASKalfa 2554ci/3554ci
25/35 ppm B/W, 25/35 ppm Color Digital Copier/Printer/Scanner/Fax System Shown with Optional Accessories
Systems Includes:
• 320 Sheet Dual Scan Document Feeder (100ipm Simplex, 180ipm Duplex) • Scan-to-file, Scan-to-FTP, & Scan-to-Email, Desktop, Server • One Universal 500 Sheet Paper Drawer up to 12 x 18
• One 81/2 x 11 Paper Drawer
• 2 1,500 Sheet 81/2 x 11 Paper Decks
• Internal Staple Finisher or Booklet Finisher with 2/3 Hole Punch • Color Scanning (100ipm Simplex, 180ipm Duplex)
• Double Sided Scanning (two-sided copying, printing, and scanning) • Bypass Tray (100 sheet capacity)
• 4GB RAM, 320GB HDD, 8GB SSD
• Cloud Faxing
• USB Drive
• Apple Air-Print, Google Cloud Print and Kyocera Mobile Print Compatible • 5 Major Parts that need to be changed good for 600,000 Impressions • Docuflow Software with Badge Reader
Includes Delivery, Installation and Training
Service/Supplies Includes:

All parts, toner, labor, preventative maintenance, and service calls to our certified technicians.

Excludes tax, toner shipping ($4.00 per mo.), and paper.

Service Program Breakdown
To be included in Master Maintenance Agreement
14 Kyocera TASKalfa 4054ci/6054ci
40/60 ppm B/W, 40/60 ppm Color Digital Copier/Printer/Scanner/Fax System Shown with Optional Accessories
Systems Includes:
• 320 Sheet Dual Scan Document Feeder (100ipm Simplex, 180ipm Duplex) • Scan-to-file, Scan-to-FTP, & Scan-to-Email, Desktop, Server • One Universal 500 Sheet Paper Drawer up to 12 x 18
• One 81/2 x 11 Paper Drawer
• 2 1,500 Sheet 81/2 x 11 Paper Decks
• Internal Staple Finisher or Booklet Finisher with 2/3 Hole Punch • Color Scanning (100ipm Simplex, 180ipm Duplex)
• Double Sided Scanning (two-sided copying, printing, and scanning) • Bypass Tray (100 sheet capacity)
• 4GB RAM, 320GB HDD, 8GB SSD
• Cloud Faxing
• USB Drive
• Apple Air-Print, Google Cloud Print and Kyocera Mobile Print Compatible • 5 Major Parts that need to be changed good for 600,000 Impressions • Docuflow Software with Badge Reader
Includes Delivery, Installation and Training
Service/Supplies Includes:

All parts, toner, labor, preventative maintenance, and service calls to our certified technicians.

Excludes tax, toner shipping ($4.00 per mo.), and paper.

Service Program Breakdown
To be included in Master Maintenance Agreement
15 Canon TZ30000 36” B/W & Color Wide Format Printer/MFP Features Included:
• Up to 36” Prints
• 128GB Memory, 500GB Encrypted HDD
• 2400 x 1200 Dpi Print Resolution
• Postscript and PDF File Processing
• 100 Sheet Stacker, C, D or E Size
• Color & B/W Printing 5 Color TD Pigment Ink Set
• Up to 4 D Sized Prints Per Minute
• Dual Front Loading Paper Rolls
• 128GB RAM/500GB HDD
• 51”(H) x 63”(W) x 38”(D) Approx 478lbs.
• Durable Dual Blade Rotary Cutter
• 5 Year eCarePak for Service
Consumables
700ml Ink Tanks (5) $ 264.60 each
Print Head $ 435.60
Maintenance Cartridge $ 94.50
16 eGoldFax – Cloud Faxing - Included
Basic Charge Includes:
• Toll-Free Fax #’s – Receive and route inbound faxes to e-mail 7 Fax #’s with 500 Plan
• Unlimited E-Mail Users: Email to Fax #@GoldFax.com
• Unlimited Scan to Email MFPs: Enter Fax#@GoldFax.com
No MFP Fax Expansion Kit or MFP fax line required
• No fax busy (never miss a fax), No long-distance fees (USA, Canada) 500 Plan - 500 Incoming and Outgoing Faxes - $49.99 per Month Additional Toll-Free Fax # - $2.00 per Month
Additional Local (Toll) Fax # - $0.50 per Month
DocuFlow Pro Secure Print Software with Badge Readers – Included • Secure Printing
• Follow Me Printing
• Reporting
• One Universal Driver
• No Microsoft Spools Required
• Encrypted Print Jobs
• Eliminate Waste
17 FMV Lease Options includes:

All Kyocera MFP’s, 1 Canon Wide Format Color Printer w/ Maintenance for Term, 1 Canon Wide Format Color MFP w/ Maintenance for Term, eGoldFax & DocuFlow Pro + 48 Months 60 Months
$ 4,827.28 $ 3,903.08
Includes relief of obligation on current Kyocera leases and return of equipment to the leasing company.

CURRENT MONTHLY LEASES AND ANALOGUE FAX LINES $3,712.96 Service/Supplies:

Includes all service, supplies, parts, labor, and toner for all Kyocera Devices. Canon Wide Formats have service but does not include consumables B/W cost per copy set at .005 2,500 per mo. = $ 12.50
Color cost per copy set at .049 6,000 per mo. = $ 294.00 Overages to be billed at the same rates.

Volumes can be adjusted to what you are comfortable with.

Canon Wide Format Consumables
700ml Ink Tanks (5) $ 264.60 each
Print Head $ 435.60
Maintenance Cartridge $ 94.50
Offer expires 7/28/22
32900 Alvarado-Niles Road, Suite 100 • Union City, CA 94587 • Phone: 510.214.4040 • Fax: 510.675.9272 The words Lessee, you and your refer to Customer. The words Lessor, we, us and our refer to KBA Document Solutions, LLC.

CUSTOMER INFORMATION

FULL LEGAL NAME EQUIPMENT LOCATION (IF DIFFERENT)
City of Newark

STREET ADDRESS PHONE CITY STATE ZIP
37101 Newark Blvd. 510-578-4421
CITY STATE ZIP FAX FEDERAL TAX I.D. #
Newark CA 94560 94-6027360

EQUIPMENT DESCRIPTION
MAKE/MODEL/ACCESSORIES SERIAL NO.

Canon TZ30000 Wide Format Printer - Recreation 6800 Mowry Ave, Newark, CA Canon TZ30000 Wide Format MFP - Building Inspection 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Building Inspection 37101 Newark Blvd., Newark CA Kyocera 6054ci Color MFP - City Manager 37101 Newark Blvd., Newark CA Kyocera 6054ci Color MFP - Community Development 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Finance 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Human Resources 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Public Works 37101 Newark Blvd., Newark CA Kyocera 6054ci Color MFP - Police Admin 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Police Report Writing 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Police Detectives 37101 Newark Blvd., Newark CA Kyocera 4054ci Color MFP - Police Dispatch 37101 Newark Blvd., Newark CA CHECK HERE FOR MULTIPLE PLACEMENTS - SEE ATTACHED SCHEDULE “A”

TERM AND PAYMENT SCHEDULE
Months 60 Monthly Payment* $ 3,921.08 (The lease contract payment (“Payment”) period is monthly unless otherwise stated.) *plus applicable taxes

INSURANCE &
TAXES
You are required to provide and maintain insurance related to the Equipment, and to pay any property, use, and other taxes related to this Agreement or the Equipment (see paragraphs 2 and 4 on page 2 of this Agreement). If you are tax-exempt, you agree to furnish us with satisfactory evidence of your exemption.

UCC &

MISCELLANEOUS
You agree that we will file Uniform Commercial Code (“UCC”) documents and obtain credit bureau reports. You authorize us to sign any documents in connection with the Uniform Commercial Code on your behalf. You agree to pay a one-time fee, not to exceed $159.00 for the purpose of filing the UCC documents.

END OF LEASE OPTIONS
You will have the following option at the end of the original term, provided that no event of default under the Agreement has occurred and is continuing. To the extent that any purchase option indicates that the purchase price will be the "Fair Market Value" (or "FMV"), such term means the value of the Equipment in continued use. 1) Purchase all but not less than all the Equipment for the Fair Market Value per paragraph 1, 2) Renew the Agreement per paragraph 1, or 3) Return the Equipment per paragraph 3.

THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT; THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.

CUSTOMER ACCEPTANCE
By signing below, you certify that you have reviewed and do agree to all terms and conditions of this Agreement on this page and on page 2 attached hereto.

City of Newark X
CUSTOMER (as referenced above) SIGNATURE TITLE DATED

PRINT NAME

ACCEPTANCE OF DELIVERY
The undersigned hereby certifies that: (i) all of the above-described equipment (the “Equipment”) has been delivered to the above-named customer (the “Customer”) at the address indicated above, (ii) the Equipment has been installed, is fully operational and in good condition, and is unconditionally accepted.

X
CUSTOMER (as referenced above) SIGNATURE TITLE DATE OF DELIVERY

LESSOR ACCEPTANCE
KBA Document Solutions, LLC

LESSOR SIGNATURE TITLE DATED
29904 Page 1 of 2 Rev. 11/29/2016
AGREEMENT NO.
114440
APPLICATION NO.

Lease Agreement

1. AGREEMENT: For business purposes only, you agree to lease from us the goods, together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries (the "Equipment") and/or to finance certain licensed software and services (“Financed Items”, which are included in the word “Equipment” unless separately stated), all as described on page 1 of this Agreement, excluding equipment marked as not financed under this Agreement, as it may be supplemented from time to time. You agree to all of the terms and conditions contained in this Agreement and any supplement, which (with the acceptance certification) is the entire agreement regarding the Equipment ("Agreement") and which supersedes any purchase order or invoice.

You authorize us to correct or insert missing Equipment identification information and to make corrections to your proper legal name and address. This Agreement becomes valid upon execution by us and will start on the date we pay the supplier. Interim rent/due date adjustments will be in an amount equal to 1/30th of the Payment, multiplied by the number of days between the Agreement start date and the first Payment due date. Unless otherwise stated in an addendum hereto, this Agreement will renew for 3-month term(s) unless you send us written notice at least 90 days (before the end of any term) that you want to purchase or return the Equipment. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in that jurisdiction and all others.

2. RENT, TAXES AND FEES: You will pay the monthly Payment (as adjusted) when due, plus any applicable sales, use and property taxes. The base Payment will be adjusted proportionately upward or downward: (1) by up to 10% to accommodate changes in the actual Equipment cost; (2) if the shipping charges or taxes differ from the estimate given to you; and (3) to comply with the tax laws of the state in which the Equipment is located.

If we pay any taxes, insurance or other expenses that you owe hereunder, you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf. We may charge you for any filing fees required by the Uniform Commercial Code (UCC) or other laws, which fees vary state-to-state. By the date the first Payment is due, you agree to pay us an origination fee, as shown on our invoice or addendum, to cover us for all closing costs. We will have the right to apply all sums, received from you, to any amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for nonpayment, you will pay us a bad check charge of $30 or, if less, the maximum charge allowed by law. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement.

3. MAINTENANCE AND LOCATION OF EQUIPMENT; SECURITY INTEREST: You agree to keep the Equipment: (1) in good repair, condition and working order, in compliance with applicable manufacturers’ and regulatory standards; (2) free and clear of all liens and claims; and (3) only at your address shown on page 1, and you agree not to move it unless we agree. As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this Agreement’s term, if you do not purchase the Equipment, you will return all but not less than all of the Equipment and all related manuals and use and maintenance records to a location we specify, at your expense, in retail re-saleable condition, full working order and complete repair. You are solely responsible for removing any data that may reside in the Equipment you return, including but not limited to hard drives, disk drives or any other form of memory. You grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us, and you authorize us to file a financing statement (UCC-1). You will not change your state of organization, headquarters or residence without providing prior written notice to us so that we may amend or file a new UCC-1. You will notify us within 30 days if your state of organization revokes or terminates your existence.

4. COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against risk and loss, with us as lender’s loss payee, in an amount not less than the original cost until this Agreement is terminated. You also agree to obtain a general public liability insurance policy with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. Your insurance policy(s) will provide for 10 days advance written notice to us of any modification or cancellation. You agree to provide us certificates or other evidence of insurance acceptable to us. If you fail to comply with this requirement within 30 days after the start of this Agreement, you agree to one of the following options, the selection of which is at our sole discretion: (1) we may obtain insurance covering our interest (and only our interest) in the Equipment for the Agreement term and renewals. Any insurance we obtain will not insure you against third party or liability claims and may be cancelled by us at any time. You may be required to pay us an additional amount each month for the insurance premium and an administrative fee. The cost may be more than the cost of obtaining your own insurance; or (2) we may charge you a monthly property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letter from us to you. We may make a profit on this program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way related to delivery, installation, possession, ownership, use, condition, inspection, removal, return or storage of the Equipment. You are responsible for the risk of loss or for any destruction of or damage to the Equipment. You agree to promptly notify us in writing of any loss or damage. If the Equipment is destroyed and we have not otherwise agreed in writing, you will pay to us the unpaid balance of this Agreement, including any future rent to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 3%). Any proceeds of insurance will be paid to us and credited, at our option, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to loss or damage to the Equipment. All indemnities will survive the expiration or termination of this Agreement.

5. ASSIGNMENT: WE ARE THE OWNER OF THE EQUIPMENT. YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. Without our prior written consent, you shall not reorganize or merge with any other entity or transfer all or a substantial part of your ownership interests or assets. You agree that we may sell or assign the Agreement without notice and the new Lessor will have the same rights that we have now and will not have to perform any of our obligations. You agree that the new Lessor will not be subject to any claims, defenses, or offsets that you may have against us.

6. DEFAULT AND REMEDIES: You will be in default if: (a) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other lender, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantor’s financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement.

If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or if less, the maximum charge allowed by law. If you are ever in default, at our option, we can terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated purchase price of the Equipment (both discounted at 3%). We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Articles 2A and 9 of the UCC and any other law, including requiring that you: (1) return the Equipment to us to a location we specify; and (2) immediately stop using any Financed Items. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE.

Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will not be subject to any penalties.

7. FAXED OR SCANNED DOCUMENTS, OR E-SIGNATURE, MISC.: You agree to submit the original duly-signed documents to us via overnight courier the same day of the facsimile or scanned transmission, or esignature of the documents. The parties agree that the original of this Agreement for enforcement and perfection purposes shall be that copy which bears your faxed, scanned or original signature, and which bears our original signature and such original shall constitute “Tangible Chattel Paper” under the UCC. You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. All notices shall be mailed or delivered by facsimile transmission or overnight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time to time. By providing any telephone number, now or in the future, for a cell phone or other wireless device, you are expressly consenting to receiving communications, regardless of their purpose, at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic dialing system from us and our affiliates and agents. These calls and messages may incur access fees from your provider.

8. WARRANTY DISCLAIMERS: YOU AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE SUPPLIER, AND NOTHING THE SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. YOU WILL CONTINUE TO MAKE

ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. THIS AGREEMENT IS A NET AGREEMENT, YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO

RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS.

9. LAW, JURY WAIVER: Agreements, promises and commitments made by Lessor, concerning loans and other credit extensions must be in writing, express consideration and be signed by Lessor to be enforceable. This Agreement may be modified only by written agreement and not by course of performance. This Agreement will be governed by and construed in accordance with the law of the state of the principal place of business of Lessor or its assignee. You consent to jurisdiction and venue of any state or federal court in the state the Lessor or its assignee has its principal place of business and waive the defense of inconvenient forum.

For any action arising out of or relating to this Agreement or the Equipment, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. 29904 Page 2 of 2 Rev. 11/29/2016
1 30

This Schedule “A” is to be attached to and becomes part of the above-referenced Agreement by and between the undersigned and KBA Document Solutions, LLC.

EQUIPMENT DESCRIPTION
MAKE/MODEL/ACCESSORIES SERIAL NO. STARTING METER
Kyocera 4054ci Color MFP - Records 37101 Newark Blvd., Newark, CA Kyocera 308ci Color MFP - Property 37440 Filbert St., Newark, CA Kyocera 4054ci Color MFP - GM Silliman Center 6800 Mowry Ave., Newark, CA Kyocera 6054ci Color MFP - GM Silliman Center Aqua 6800 Mowry Ave., Newark, CA Kyocera M6235cidn Color Desktop MFP - GM Silliman Center 6800 Mowry Ave., Newark, CAKyocera 6054ci Color MFP - Senior Center 7401 Enterprise, Newark, CA Kyocera M6235 Color Desktop MFP - Service Yard 37440 Filbert St., Newark, CA Kyocera M6235 Color Desktop MFP - Service Yard 37440 Filbert St., Newark, CA Kyocera M6235 Color Desktop MFP - Service Yard 37440 Filbert St., Newark, CA Kyocera 3554ci Color MFP - Service Yard 37440 Filbert St., Newark, CA Kyocera M6235 Color Desktop MFP - Teen Center 6800 Mowry Ave., Newark, CA Kyocera 2554ci Color MFP - Community Center 35501 Cedar Blvd., Newark, CA

CUSTOMER ACCEPTANCE
This Schedule “A” is hereby verified as correct by undersigned Customer, who acknowledges receipt of a copy.

City of Newark X
CUSTOMER (as referenced above) SIGNATURE TITLE DATED
29827 Rev. 04/11/2014
AGREEMENT NO.
114440
APPLICATION NO.

Schedule “A”
Location Current Equipment New Equipment
27005 BUILDING
INSPECTION 37101
NEWARK BLVD. OCE PLOTWAVE 345 B/W Wide Format Printer Canon TZ30000 Color Wide Format MFP E28395 BUILDING
INSPECTION 37101
NEWARK BLVD.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E25320 CITY
MANAGER 37101
NEWARK BLVD.

Kyocera 4052ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 6054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E28362 COMMUNITY
DEVELOPMENT 37101
NEWARK BLVD.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 6054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E28393 FINANCE
37101 NEWARK BLVD.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays

SILLIMAN CENTER
RECREATION 6800
MOWRY AVE NEWLY ADDED Canon TZ30000 Color Wide Format Printer E28374 POLICE
ADMIN 37101 NEWARK
BLVD.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 6054ci Fax, Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
POLICE ADMIN NEWLY ADDED HP M480 Printer
E28382 POLICE
REPORT WRITING 37101
NEWARK BLVD.

Kyocera 2553ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E28380 POLICE
DISPATCH 37101
NEWARK BLVD.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E28398 PUBLIC
WORKS 37101 NEWARK
BLVD.

Kyocera 5053ci 1,000 Sheet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci 1,000 Sheet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E25324 RECORDS
37101 NEWARK BLVD.

Kyocera 4052ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E82368 PROPERTY
37440 FILBERT ST.

Kyocera 307ci Fax, Internal Finisher, 500 Sheet Drawer, 2,000 Sheet Drawer, Doc Feeder
Kyocera 308ci Internal Finisher, 2 x 500 Sheet Drawers, Stand, Doc Feeder
E28310 GM
SILLIMAN CENTER 6800
MOWRY AVE.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 4054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
City of Newark Lease Equipment List 6-22
E28389 GM

SILLIMAN CENTER AQUA
6800 MOWRY AVE.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 6054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays

SILLIMAN BUILDING
MAINTENANCE NEWLY ADDED M6235cidn Desktop MFP
E28391 SENIOR
CENTER 7401 ENTERPRISE
DR.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 6054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
E28390 SERVICE
YARD 37440 FILBERT ST.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 3554ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
SERVICE YARD NEWLY ADDED M6235 Color Desktop MFP
SERVICE YARD NEWLY ADDED M6235 Color Desktop MFP
SERVICE YARD NEWLY ADDED M6235 Color Desktop MFP
E28367 TEEN
CENTER 6800 MOWRY
AVE. Kyocera M2640idw Desktop M6235 Color Desktop MFP
E28387 COMMUNITY
CENTER 35501 CEDAR
BLVD.

Kyocera 3253ci Fax, Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
Kyocera 2554ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Stand
Docuflow Pro + Software and eGoldFax 500 subscription
Accepted By:_____________________________________
{{#S1DtSh=Dte_es_:signer1:date}}
{{#S2DtSh=Dte2_es_:signer2:date}}
Renewal Date Annual
CA 94560 CA 94560
Contact Name Contact Name
Phone/Fax Phone/Fax
E-mail E-mail
Base of $25.00 for 5,000
and $735.00 for 15,000
$0.0050
$0.0490
Color Level 1 Images
Color Level 2 Images
Color Level 3 Images
Date Date
KBA Document Solutions
32900 Alvarado Niles Road, Ste 100
Union City, CA 94587
Tel: 510-214-4040 kbadocusys.com
Customer Acceptance
This agreement consisting of the Terms and Conditions appearing above and on the reverse side are hereby approved and accepted by the respective Parties. See reverse for additional terms.

Authorized Signature Kyocera Document Solutions Representative Comments:

Other
Overage Billing Cycle is
Rate on non-Kyocera devices B&W Images
Color Images
Signature Signature
Nikki Grant
Print Name Print Name
Contract Pricing
Monthly Rate on Kyocera devices
B&W Images
Other
Base Billing Cycle is Monthly
Color Images
B&W Images
Color Images
Please see equipment spreadsheet
Serial # Equipment ID# Begin Meter
Ship To Bill To
[email protected]
City of Newark City of Newark
37101 Newark Blvd 37101 Newark Blvd.

Sales Rep Angela Aguilar
P.O. #
Contract # CO311
Begin Date
Maintenance Agreement
Newark Newark
Angela Montez Angela Montez
510-578-4421 510-578-4421
All-Inclusive Maintenance and Supplies Basic Maintenance Services Managed Print Services Agreement [email protected]
Includes - Toner, Drums or Photoconductors, Filters, Parts, Preventative Maintenance & Labor
Excludes - Paper, Staples, Labels or Transparencies
*NETWORK SUPPORT IS NOT INCLUDED
Includes - Parts & Labor Only
Excludes - Supply Units, Paper, Staples, Labels or
Transparencies, Fuser, Maintenance Kits
*NETWORK SUPPORT IS NOT INCLUDED
Includes - Toner, Parts, Maintenance Kits, Account Review Excludes - Paper, Staples, Labels or Transparencies
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Escalation rate set at 5% annually. Monthly toner shipping charge set at $75.00 for all Kyocera's.

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CITY OF NEWARK MAINTENANCE AGREEMENT SPREADSHEET
Location Equipment Location Equipment

BUILDING INSPECTION
37101 NEWARK BLVD. Canon TZ30000 Color Wide Format MFP

SILLIMAN BUILDING
MAINTENANCE 6800
MOWRY AVE. M6235cidn Desktop MFP

BUILDING INSPECTION
37101 NEWARK BLVD.

Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
SENIOR CENTER 7401
ENTERPRISE DR.

Kyocera 6054ci Booklet Finisher w/ Hole Punch,
Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
CITY MANAGER 37101
NEWARK BLVD.

Kyocera 6054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
SERVICE YARD 37440
FILBERT ST.

Kyocera 3554ci Internal Finisher w/ Hole Punch,
Dual Scan Doc Feeder, Dual 1,500 Drawer Trays

COMMUNITY
DEVELOPMENT 37101
NEWARK BLVD.

Kyocera 6054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
SERVICE YARD 37440
FILBERT ST. M6235 Color Desktop MFP
FINANCE 37101
NEWARK BLVD.

Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
SERVICE YARD 37440
FILBERT ST. M6235 Color Desktop MFP

HUMAN RESOURCES
37101 NEWARK BLVD.

Kyocera 4054ci Internal Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
SERVICE YARD 37440
FILBERT ST. M6235 Color Desktop MFP

RECREATION - SILLIMAN
CENTER 6800 MOWRY
AVE. Canon TZ30000 Color Wide Format Printer

COMMUNITY CENTER
35501 CEDAR BLVD.

Kyocera 2554ci Booklet Finisher w/ Hole Punch,
Dual Scan Doc Feeder, Stand
POLICE ADMIN 37101
NEWARK BLVD.

Kyocera 6054ci Fax, Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays

POLICE REPORT WRITING
37101 NEWARK BLVD.

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POLICE DETECTIVES
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POLICE DISPATCH 37101
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PUBLIC WORKS 37101
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RECORDS 37101
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PROPERTY 37440
FILBERT ST.

Kyocera 308ci Internal Finisher, 2 x 500 Sheet Drawers, Stand, Doc Feeder

GM SILLIMAN CENTER
6800 MOWRY AVE.

Kyocera 4054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays

GM SILLIMAN CENTER
AQUA 6800 MOWRY AVE.

Kyocera 6054ci Booklet Finisher w/ Hole Punch, Dual Scan Doc Feeder, Dual 1,500 Drawer Trays
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HP Q7581A-UR 9,000 $223.00
Maintenance Kits
HP B5L35A 150,000 $210.00
HP RM26460 150,000 $410.00
HP L0H24A 225,000 $359.00
HP CF064A 225,000 $407.00
Dell N51XP 3,000 $105.00
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HP LaserJet M578 - toner High Yield
HP LaserJet M578 - toner High Yield
HP LaserJet M578 - toner High Yield
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HP M607 Maintenance Kit
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HP LaserJet M479/M454 - toner High Yield
HP LaserJet M601 - toner Extra Yield
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HP LaserJet M601 - MICR toner Yield
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HP LaserJet M404 - toner High Yield
HP M578 Maintenance Kit
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ver.12092021_v1.0 Page 1 of 1
Item E. 1.

DATE 09/10/2026
TO Honorable Mayor and City Council Members
FROM Carmelisa Lopez, Senior Planner
SUBJECT Hearing to consider an Ordinance amending Title 17 (Zoning) of the Newark Municipal Code to add Chapter 17.28 (Residential and Residential Mixed-Use Design Standards) and Chapter 17.42 (Reasonable Accommodation) and amend Division II (Base and Overlay Districts) Chapter 17.17 (General Site Regulations) Chapter 17.21 (Landscaping), Chapter 17.23 (Parking and Loading), Chapter 17.34 (Design Review), Chapter 17.37 (Waivers), and Chapter 17.46 (Definitions), generally affecting development and design standards for residential and residential mixed-use development SUMMARY AND RECOMMENDATION
City staff recommend that the City Council adopt an ordinance to implement a Zoning Text Amendment (ZTA) (Z2025-004), which would amend Title 17 (Zoning) of the Newark Municipal Code (Zoning Code) to establish Objective Design Standards (ODS) for residential and residential mixed-use projects and other revisions to implement Housing Element programs, encourage residential development, and streamline project reviews. The draft Ordinance is included as Attachment 1. The Planning Commission considered the ZTA and voted 3-0 to recommend City Council approval.

Since the ODS Project was initiated in Fall 2024, staff has completed a comprehensive planning process that includes evaluation of the City's existing regulations, community and stakeholder engagement, preparation of draft standards, a public review period from March 27 through April 17, 2026, and a Planning Commission study session on April 14, 2026. In response to feedback, the draft ODS and associated zoning code amendments were refined to improve clarity, flexibility, and implementation.

The proposed ZTA responds to state housing law requirements and implements Housing Element programs intended to reduce uncertainty in project review, streamline approvals, and support housing production. The proposed ODS in the new Chapter 17.28 implements Program H3.2 by replacing subjective design standards with objective standards and Program H3.4 by establishing objective standards for residential mixed-use development.

Amendments to several additional chapters of the Zoning Code are also proposed to ensure consistency with Chapter 17.28 and fully or partially implement related Housing Element programs including Program H2.8: Zoning for Missing Middle Housing Types, Program H2.12: Ensure Maximum Residential Densities are Achievable, Program H3.4: Adjust Zoning to Allow Mixed Use in Current Commercial Zones, and Program H5.3: Public Lands for Dedicated Affordable Housing.

The proposed ZTA also includes amendments to Chapter 17.34 (Design Review) to establish and refine processes for discretionary and ministerial design review in accordance with Housing Element Program H3.1 to streamline ministerial permit procedures. A Ministerial Streamlined Design Review pathway would be established for qualifying residential projects that meet specific criteria and applicable objective standards. Additionally, a local ministerial alternative within the Ministerial Streamlined Design Review pathway is proposed for qualifying residential and residential mixed-use projects.

Lastly, the ZTA includes amendments to Chapter 17.37 (Waivers) to allow the granting of up to three waivers for certain ODS and a new chapter, Chapter 17.42 (Reasonable Accommodation), to relocate existing reasonable accommodation standards from Chapter 17.37 into a new standalone chapter.

Overall, the proposed ZTA would align the City’s Zoning Code with state law, streamline residential and residential mixed-use project review, and support housing production while preserving the City’s design expectations.

The Planning Commission considered the proposed ZTA at a public hearing held on July 14, 2026, and voted 3-0, with two Commissioners absent, to recommend City Council approval. The Planning Commission staff report and Resolution No. 2036 are included as Attachments 2 and 3.

Staff recommends that the City Council consider adopting the Draft Ordinance amending Title 17 (Zoning) of the Newark Municipal Code adding Chapter 17.28 (Residential and Residential Mixed-Use Design Standards) and Chapter 17.42 (Reasonable Accommodation) and amending Division II (Base and Overlay Districts), Chapter 17.17 (General Site Regulations), Chapter 17.21 (Landscaping), Chapter 17.23 (Parking and Loading), Chapter 17.34 (Design Review), Chapter 17.37 (Waivers), and Chapter 17.46 (Definitions), generally affecting development and design standards for residential and residential mixed-use development.

BACKGROUND
Housing Element Obligations
On October 26, 2023, the City Council adopted the City’s 6th Cycle Housing Element (Housing Element).

Subsequently, the Department of Housing and Community Development (HCD) certified the Housing Element on December 21, 2023, finding it in compliance with state law. The Housing Element includes 45 unique programs and 35 policies designed to achieve community-driven goals and meet the City’s Regional Housing Needs Assessment (RHNA) target of permitting 1,874 new homes by 2031.

The City has committed to developing ODS for single-unit, multi-unit, and mixed-use residential development. The ODS project would implement Housing Element Programs H3.2 and H3.4, among others, to support the development of priority housing types as identified in the Work Plan. The intended outcome of ODS is that residential and mixed-use developments are designed in ways that reflect the needs of the community, are responsive to local ecological conditions and climate change, reduce development costs where applicable, and facilitate the redevelopment of commercial sites to mixed-use. See Attachment 4 for an expanded discussion on Housing Element applicability.

Objective vs Subjective Design Standards
The Zoning Code regulates development through a mix of development and design standards. Development standards establish measurable requirements that govern aspects of development such as building height, setbacks, lot coverage, parking, and landscaping. Design standards are a type of development standard that regulate the design and appearance of development.

The Zoning Code has a mix of subjective and objective standards. State law defines objective standards as those that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official before submittal.” (Government Code Section 65913.4.) Compared to objective standards, subjective standards rely on personal interpretation rather than clearly defined, measurable criteria. For example, the City’s existing design review guidelines require that “new residences and additions should be compatible in scale and height with surrounding houses so as to blend in with them, versus overwhelming them with disproportionate size.” This standard is subjective and can be interpreted differently depending on the reviewer. In contrast, objective standards may require new houses and additions to not exceed a specified height, be located a specified distance from the street, and provide a specified amount of landscaped area.

Objective Design Standards
State law is increasingly limiting the discretion of planning commissions and city councils for residential projects that are consistent with a jurisdiction’s General Plan, Zoning Code, and applicable objective standards. In many cases, qualifying projects must be approved if they meet these objective standards and do not present unmitigable health or safety risks. As a result, the adoption of ODS has become increasingly important as the City’s primary means of shaping high-quality residential development outcomes within the constraints of state law.

ODS would replace subjective design guidelines with clear, measurable design criteria. While the base development standards establish what is allowed, ODS would provide objective direction on how those projects should be designed. Together, the two sets of standards (design and development) will provide applicants with a clear understanding of the City’s expectations for project design, resulting in a more streamlined, objective, and efficient project review process and supporting both housing production and high-quality design outcomes. By bringing City processes further into conformance with state law, the ODS also maximize the City’s discretion over development moving forward.

ODS Project
In Fall 2024, the City engaged with Consultant Good City Company to assist with drafting the City’s ODS. Since project initiation, staff has completed a comprehensive planning process. The major project milestones are highlighted below. A detailed summary of the project timeline and key milestones is provided in Attachment 5.

Analysis of Existing Standards: The City's existing zoning regulations, design guidelines, applicable state requirements, and best practices were evaluated to identify opportunities for objective standards and related zoning code amendments. An Existing Conditions Report was prepared and is included in Attachment 6.

1. Community Engagement: A range of outreach efforts was conducted including a builders roundtable, Planning Commissioner interviews, a community open house, pop-up community events, and ongoing project communications, including through the project website (newarkca.gov/ods), to gather feedback that informed the draft standards. These efforts are discussed in detail in the Community Engagement Summary in Attachment 7.

2. Drafting Standards: Using the City's existing regulations, feedback received, and best practices from other jurisdictions, draft ODS and associated zoning code amendments were prepared.

3. Public Review: The draft ODS and associated zoning code amendments were available for public review from March 27 through April 17, 2026. Comments received generally focused on improving clarity, providing additional flexibility, and expanding compliance options for certain standards.

4. Planning Commission Study Session: On April 14, 2026, the Planning Commission conducted a study session to receive an overview of the draft standards and provide feedback prior to formal consideration. The Commission's discussion primarily focused on the potential for the proposed code amendments to facilitate 100 percent residential projects in commercial areas, compatibility between larger-scale residential development and adjacent single-unit neighborhoods, and the importance of maintaining flexibility through the proposed exceptions and waivers process.

5. The project team refined the draft ODS and associated zoning code amendments based on the feedback received.

Updates to chapters in the Zoning Code related to waivers and design review processes as well as a new standalone chapter for reasonable accommodation standards are also now proposed and are further discussed in the Discussion/Analysis section of this report.

DISCUSSION/ANALYSIS
Purpose and Benefits of ODS
ODS are expected to improve predictability, consistency, and efficiency in the development review process by establishing clear, measurable design criteria. Projects that comply with objective standards may also qualify for ministerial approval, which can reduce review timelines, minimize redesign and iterative review, and provide greater certainty for applicants earlier in the development process. ODS also promote high-quality development by addressing key design considerations such as building orientation, neighborhood compatibility, privacy, site responsiveness, and durable materials.

ODS would not eliminate the City or community’s role in shaping development outcomes. Rather, they translate the City and community’s priorities into clear and measurable standards that can be applied consistently during project review. The proposed ODS have been developed through community and stakeholder engagement, reflect local priorities, and provide a transparent and predictable framework for project review. At the same time, the standards provide flexibility to accommodate different building types, design approaches, and site conditions and may be refined over time as development patterns, community priorities, and state law evolve.

Proposed Zoning Text Amendment
The proposed ZTA (see Attachment 1) includes the following additions and amendments to the Zoning Code:

Chapter 17.28 (Residential and Residential Mixed-Use Design Standards): A new chapter establishing ODS for residential and residential mixed-use development that would replace most design standards in Chapter

17.07 (Residential Districts)

1. Associated Zoning Code Amendments: Amendments to Division II (Base and Overlay Districts), Chapter

17.17 (General Site Regulations), Chapter 17.21 (Landscaping), Chapter 17.23 (Parking and Loading), and Chapter 17.46 (Definitions) to ensure consistency with the new Chapter 17.28

2. Chapter 17.34 (Design Review): Amendments to establish and refine processes for discretionary and ministerial design review

3. Chapter 17.37 (Waivers): Amendments to allow the granting of waivers for certain ODS and applicable procedures

4. Chapter 17.42 (Reasonable Accommodation): Relocates existing reasonable accommodation standards from Chapter 17.37 to a new standalone chapter, Chapter 17.42 (Reasonable Accommodation)

5. The proposed additions and revisions to the Zoning Code are described in further detail in the following sections.

1. Chapter 17.28 Residential and Residential Mixed-Use Design Standards ODS for residential and mixed-use development where residential is the primary use is proposed within a new chapter, Chapter 17.28 (Residential and Residential Mixed-Use Design Standards) (see Attachment 1, Exhibit B).

These standards are intended to work alongside all other applicable zoning code requirements, including development standards within the base zoning districts, Planned Development standards, overlay district standards, site regulations, landscaping, and parking. The chapter also includes Table 17.28.020 (see pp. 3-4 of Attachment 1, Exhibit B) to clarify when ODS apply in addition to, or take precedence over, other standards. Table 1 below summarizes the applicability of this chapter by project type.

Table 1: Applicability of Chapter 17.28 by Project Type Project Type Chapter 17.28 Applicability
Residential projects in
residential districts Subject to Chapter 17.28
Residential projects in
other
districts subject to design
review
Subject to Chapter 17.28
Residential mixed-use
projects
If residential uses comprise two-thirds or
more of the building's floor area, the
entire building is subject to the ODS.

If residential uses comprise less than
two-thirds, only the residential portion is
subject to ODS
State-mandated ministerial
projects
(e.g. SB 423, SB 9, AB
2011)
Subject to Chapter 17.28
Additions and exterior
modifications to existing
residential or residential
mixed-use projects
Subject to Chapter 17.28, except
non-street-facing ground-floor additions
comprising less than 50 percent of the
proposed total floor area are exempt
Other development
projects
(e.g. non-residential
projects)
Not subject to Chapter 17.28
The standards in Chapter 17.28 are organized into three categories:

1.Standards applicable to all residential development,

2.Standards specific to one- to four-unit developments, and

3.Standards specific to developments with five or more units.

Within these categories, the chapter establishes ODS for key design elements and is organized as shown in Table

2. Table 2: Overview of Proposed Chapter 17.28
Section Title Summary

17.28.010 Purpose Purpose and intent of the standards

17.28.020 Applicability Identifies the development projects subject to Chapter

17.28 17.28.030
Building
Massing and
Articulation
Standards for building massing and articulation to
promote visual interest and variation in building design

17.28.040 Building Element
Standards
Standards for building elements, including windows,
entrances, garages, balconies, and other architectural
features

17.28.050 Materials and
Colors
Standards for and limits on particular building materials and colors

17.28.060 Site Design
Standards
Standards for site design elements, including
driveways, walkways, landscaping, fencing, lighting, and other site improvements

17.28.070
Supplemental
Standards for
Residential
Mixed-Use
Additional standards for residential mixed-use
developments. Applicable projects are identified in
Section 17.28.020 (Applicability)

17.28.080 Open Space Establishes standards for the design of required private and common open space
The existing design standards and guidelines in Chapter 17.07 (Residential Districts) and the Single Family Residential Design Review Guidelines, the existing design guidelines for single-unit development, were translated into ODS and supplemented with additional ODS to support housing development and encourage specific design characteristics. Notable concepts introduced and changes to the existing Zoning Code include:

Single-Unit Development - ODS would apply to single-unit development. Under the existing Zoning Code, design standards have primarily focused on multi-unit and larger-scale development. Expanding ODS to include single-unit development establishes consistent, objective expectations across all residential project types. As further described in the Chapter 17.34 Design Review of this report, applicants of single-unit projects may opt into the Single-Unit Design Review (formerly Single Family Design Review) process as an alternative to complying with ODS and would therefore be subject to the Single Family Residential Design Review Guidelines.

Building Massing and Articulation – The proposed ODS include updated approaches to design for residential projects, primarily related to building massing and articulation and building element standards. Existing standards, for example, provide some objective measures for required articulation and building variation to break up building massing. These have been expanded upon to create objective standards that allow multiple ways to achieve sufficient variation in building façades such as horizontal and vertical variation, wall plane breaks, projecting elements, and diversity in materials and openings. This approach is intended to avoid creating new constraints on housing development, such as requiring approaches that may be prohibitively costly, while also preventing unpreferred design outcomes.

Building and Site Elements – The proposed ODS include standards to promote high-quality design tailored to specific conditions. Examples include windows and balconies adjoining lower density residential districts to promote quality transitions between neighboring development and preserve privacy as well as open space and onsite amenities to ensure active and passive open space are provided.

Residential Mixed-Use Development – The proposed ODS include standards for ground-floor commercial uses in residential mixed-use development such as glazing and entrance requirements. Primary entrances for commercial uses would also be required to be located on a street-facing façade and within the portion of the building closest to the street.

Exceptions and Waivers – Exceptions and waivers may be granted for certain ODS under specific circumstances. Exceptions are incorporated directly into the chapter and identify the circumstances where specific standards may not apply or may be modified. Exceptions would be granted so long as the project or site meets the conditions specified. Certain ODS would also be eligible for a waiver pursuant to Chapter 17.37, which is further discussed in the Chapter 17.37 Waivers section in this report.

The proposed ODS in Chapter 17.28 are intended to work in conjunction with existing development standards, such as height and setbacks, to provide a comprehensive framework for project design. Overall, this chapter provides a clear and predictable framework for applying ODS, ensuring consistency across projects while maintaining flexibility to accommodate different building types, unit counts, and site conditions.

2. Associated Zoning Code Amendments
The proposed ZTA includes amendments to multiple chapters of the Zoning Code to ensure consistency with the proposed ODS, implement adopted Housing Element programs, and maintain consistency with applicable state law (see Attachment 1, Exhibits C and D). The proposed amendments are summarized in Table 3 below.

Table 3: Summary of Proposed Zoning Code Amendments
Chapter/Section Summary of Changes
Division II –
Base and Overlay
Districts
(Chapters 17.07
through 17.16)
Updated permitted use tables to clarify where residential and residential mixed-use development is allowed to better support housing production and align with Housing Element programs.

Added provisions recognizing state laws that permit qualifying residential development in commercial and industrial districts.

Updated development standards tables to refine height limits, setbacks, open space requirements, and other site development standards to improve development feasibility and eliminate conflicts with Chapter 17.28 and align with Housing Element programs.

Chapter 17.17
(General Site
Regulations)
Revised Section 17.21.010 for consistency with Chapter 17.28 Chapter 17.21
(Landscaping) Revised Section 17.21.020 for consistency with Chapter 17.28 Chapter 17.23
(Parking)
Revised Section 17.23.090 for consistency with Chapter 17.28 and to allow tandem residential parking to provide greater flexibility in site design
Chapter 17.46
(Definitions) Added definitions for new terms introduced in Chapter 17.28 The proposed amendments include the following key changes to the Zoning Code:

Permitted Uses: Permitted use tables were updated to clarify where residential and residential mixed-use development is permitted.

To implement Program H3.4, residential and residential mixed-use development would be permitted in commercial districts, including attached single-unit development, multi-unit development, and live-work units. However, residential uses would not be allowed on the ground floor of any building façade facing a public right-of-way, with the exception of live-work units.

To implement Program H5.3, 100 percent affordable housing would be permitted by right in the Public Facilities zoning district.

The amendments recognize state laws that permit qualifying residential development in commercial and industrial districts.

Development Standards: Development standards tables were updated to ensure consistency with the proposed ODS, improve development feasibility, and implement Program H2.12 by introducing flexibility to help projects achieve maximum allowable densities. Notable changes include:

Adding transition standards between higher and lower density zones; Removing the Minor Use Permit (MUP) requirement for buildings exceeding 35 feet in height in the Residential Medium Density (RM) and Residential High Density (RH) zoning districts; Residential Medium Density (RM) and Residential High Density (RH) zoning districts; Providing additional flexibility for projects proposing two or more units in residential districts, such as reduced setbacks and additional building height;
Providing additional flexibility for projects achieving at least 85 percent of the maximum allowed density, such as an increase in the maximum lot coverage permitted; Allowing tandem parking for residential uses to provide greater flexibility in site design while continuing to satisfy parking requirements;
Establishing development standards for residential uses in non-residential districts in response to state laws that expand opportunities for residential development in those districts and to align such development with the City’s vision for these areas.

Terminology: Housing terminology was updated throughout the Zoning Code by replacing "single-family" and "multi-family" with "single-unit" and "multi-unit." This terminology more accurately describes the physical characteristics of residential development and aligns with current planning practices and state housing policy and improves clarity and consistency in how regulations are applied.

The amendments also include definitions for terms introduced in Chapter 17.28 as well as various technical revisions to provide clarity and improve usability of the Zoning Code. Overall, the proposed amendments ensure the Zoning Code works cohesively with the proposed ODS and evolving state law, implements adopted Housing Element programs, and provides clarity and improves usability of the Zoning Code.

3. Chapter 17.34 Design Review
State-Mandated Ministerial Review Processes
Currently, most residential projects are subject to discretionary design review, which typically includes a public hearing before the Planning Commission or City Council for multi-unit residential and mixed-use projects, or a decision by the Community Development Director for single-unit residential projects. However, over the past several years, the State has adopted housing laws that require qualifying residential developments to be reviewed through a ministerial review process when they comply with applicable objective standards. The State’s rationale for many of these laws is that projects that are consistent with a city's adopted General Plan, zoning regulations, ODS, and other applicable requirements should not require discretionary review or public hearings. Some examples include:

Senate Bill (SB) 9: Requires ministerial approval for qualifying two-unit developments and urban lot splits in single-unit residential zones
Assembly Bill (AB) 2011: Requires a ministerial approval process for qualifying affordable and mixed-income housing on eligible commercial sites
SB 1123: Requires ministerial approval for qualifying subdivisions of up to 10 parcels, or for specified residential developments containing 10 or fewer units
SB 423 (formerly SB 35): Established a streamlined, ministerial approval process for qualifying multifamily housing developments, particularly for jurisdictions that have not made substantial progress on permitting housing projects.

These laws are intended to reduce approval timelines and increase housing production by limiting discretionary review for qualifying projects.

Projects eligible for ministerial review typically include residential developments that are consistent with the General Plan and Zoning land use maps and comply with applicable development and objective standards, such as requirements for height, setbacks, lot coverage, and design. Projects on sites with notable environmental features or that require legislative changes such as a rezone or General Plan land use designation amendments are typically not eligible for ministerial review.

Many jurisdictions have established local ministerial review processes to provide applicants with an alternative to state streamlining laws while maintaining locally adopted standards. These processes typically apply to projects that are consistent with the General Plan and meet all applicable zoning, development and design standards, and building requirements.

As part of the Housing Element implementation, the City was required to establish a local ministerial review pathway through Chapter 17.15 By-Right Housing (-BRH) Overlay District. Adopted by the City Council on January 11, 2024, the -BRH Overlay District implements Housing Element Program H3.6 to rezone “reused” sites to allow ministerial approval of residential development if they meet all applicable objective standards, achieve a minimum density of 20 units per acre, and provide at least 20 percent of units as affordable to lower-income households.

Process Updates
The proposed revisions to Chapter 17.34 (Design Review) establish streamlined, ministerial review procedures for qualifying residential and mixed-use residential mixed-use projects while retaining discretionary design review for other projects (see Attachment 1, Exhibit E and F). All development requiring design review would remain subject to Chapter 17.34. Certain exterior work would be exempt such as non-street facing additions or modifications that are less than 50 percent of the proposed total floor area.

The City’s existing discretionary design review process would be retitled “Discretionary Design Review” and would include three subcategories:

1.Standard Design Review;

2.Single-Unit Design Review (formerly Single-Family Design Review); and

3. Discretionary Streamlined Design Review
A new process, Ministerial Streamlined Design Review, would be established for qualifying projects, including single-unit, multi-unit, and mixed-use residential developments, that meet applicable objective standards and eligibility criteria. For single-unit residential projects, staff acknowledges that some applicants may prefer the City's existing Single-Family Design Review process and propose an option for such applicants to opt into the Single-Unit Design Review instead.

Table 4 below summarizes the proposed pathways, including eligibility, review authority, noticing, and appeal rights.

Table 4: Proposed Design Review Pathways in Chapter 17.34 Design Review Standard
Design Review
Single-Unit
Design Review
Discretionary
Streamlined
Design Review
Ministerial Streamlined
Design Review
Review
Type Discretionary Ministerial
Eligible
Projects
All projects
requiring design
review not
eligible for other
design review
pathways
Single-unit
residential
projects that:
(1) exceed
waiver limits or
(2) opt into
discretionary
review
Qualifying projects
requiring
discretionary
approval but
review is limited to
compliance with
objective standards
Qualifying projects including:
(1) single-unit residential projects;
(2) residential and mixed-use
projects with 2 to 200 units;
(3) projects on sites with a
By-Right Housing Overlay; and
(4) projects eligible for ministerial
approval under state law
Review
Authority
Community Development Director (Director), Planning
Commission (PC), or City Council (CC) if processed
concurrently with applications requiring their review or if referred by the Director
Director, with authority to refer to
PC if permitted by State law and
applicable statutory timelines
Public
Hearing
Required if processed concurrently with applications
requiring PC or CC review or if referred by the Director Not required unless referred to PC Public
Noticing Required Not Required. Decision posted on
City's website.

Appeals Appealable to PC if reviewed by Director, or CC if reviewed by PC
Not appealable but eligible for one
reconsideration by Director
Figures 1 and 2 below illustrate the review processes for Discretionary Design Review and Ministerial Streamlined Design Review including estimated processing times. While actual timelines may vary by project, Ministerial Streamlined Design Review substantially reduces processing time through a more streamlined review process.

Figure 1: Discretionary Design Review Process
Figure 2: Ministerial Streamlined Design Review Process Proposed Local Ministerial Alternative
As described in the State-Mandated Ministerial Review Processes section above, applicants may utilize state law for ministerial review of eligible housing projects that meet specified affordability, labor, and objective standards. SB 423 (previously known as SB 35) in particular allows for qualifying projects to be eligible for ministerial review of projects if they restrict either 50 percent or 10 percent of the units as affordable to low-income households. The 50 percent or 10 percent threshold is based on the jurisdiction’s permit activity, with the lower 10 percent threshold established for jurisdictions that have not met their above moderate-income RHNA obligations. Because of past housing permit progress, qualifying projects in Newark that meet labor standards such as prevailing wage and apprenticeship programs and comply with applicable objective standards are currently eligible for SB 423 ministerial review if they restrict 50 percent of units to low-income households.

The City is making slower progress on its 6th Cycle RHNA goals compared to the previous cycle and is not on target to meet RHNA targets for any income band, including above moderate-income permits (see Attachment 4:

Relevant Housing Plans and Policies). The City would need to permit at least 139 above moderate-income units by December 31, 2026. If current trends continue, staff anticipates the City may be subject to the lower 10 percent threshold beginning in 2027. Under this threshold, applicants could opt in to ministerial review for projects that restrict 10 percent of units to low-income households or 20 percent to moderate-income households until at least 2031. SB 423 would also require the City to approve or deny eligible projects within 90 days of receiving an application, which could strain staff resources and present risk to the City.

In response, the proposed Ministerial Streamlined Design Review pathway includes a local ministerial alternative to state ministerial processes such as SB 423 (see Section 17.34.020(B)(2)(e) on pp.2-3 in Attachment 1, Exhibits E and F). Modeled in part on approaches adopted by other jurisdictions, the proposed alternative establishes a local ministerial alternative for qualifying residential and residential mixed-use developments containing between two and 200 dwelling units.

To be eligible for this alternative, projects must be:

Consistent with the General Plan, applicable zoning regulations, and all objective development and design standards;
Must not require discretionary approvals other than waivers authorized under Chapter 17.37; and Must provide affordable housing consistent with the City’s Inclusionary Housing Ordinance (Chapter 17.27) Notably, projects utilizing the local alternative would not be required to employ the same labor standards as SB 423, which could potentially reduce development costs compared to projects subject to state ministerial review processes. Figure 3 below illustrates the eligibility criteria review process to determine if a project would qualify for the local alternative.

Figure 3. Eligbility Criteria Review for Local Ministerial Alternative The proposed alternative is limited to projects on sites that are appropriate for ministerial processing, excluding properties with significant environmental, historic, cultural, or archaeological constraints, planned unit developments, and other locations where ministerial review would not be appropriate. In addition, projects involving the demolition of historic resources, recently occupied housing, deed-restricted affordable housing, or resulting in a net loss of housing or lodging units would not be eligible.

The proposed eligibility criteria is intended to align with state ministerial processing requirements including ensuring qualifying projects remain eligible for ministerial review (and therefore exempt from California Environmental Quality Act (CEQA) review), while preserving the City's adopted standards. The key differences between the proposed alternative and equivalent state law are highlighted in Table 5.

Table 5: Key Differences Between State-Mandated & Proposed Local Ministerial Alternative State-Mandated
Ministerial Review
Proposed Local
Ministerial Alternative
Density
State law may allow projects to
exceed
City’s density limits
Must comply with City’s
density limits
Affordable Housing
Must satisfy state affordability
thresholds
to qualify
Must satisfy the City's
inclusionary housing
requirements
Local Standards
Certain local development
standards may be superseded by
state law
Subject to applicable City
adopted objective
development and design
standards
Labor
Requirements
Subject to state labor
requirements such as prevailing
wage and skilled and trained
workforce requirements
Not subject to state labor
requirements
CEQA Not subject to CEQA review Not subject to CEQA review Review Timeline
≤ 150 Units: 60 days
> 150 Units: 90 days
Deemed approved if deadline is
not met
90 day target
Not deemed approved if
deadline is not met
The proposed pathway would provide applicants with an alternative to state ministerial processes while preserving the City's adopted standards. By providing a CEQA-exempt ministerial approval process that is not subject to the labor requirements imposed under state streamlining laws, the pathway may offer a more attractive option for qualifying projects while maintaining consistency with the City’s General Plan and Zoning Code. The pathway would also provide the City and applicants greater flexibility to work collaboratively through iterative design refinements to achieve conformance with City standards and expectations than is generally available through state ministerial pathways.

Overall, the proposed amendments to Chapter 17.34 would modernize the City’s design review framework by clearly distinguishing between discretionary and ministerial pathways and providing both state-compliant streamlined processing options and a locally tailored alternative. These changes would support Housing Element Program H3.1 and improve procedural clarity, predictability, and efficiency for qualifying residential and mixed-use development.

4. Chapter 17.37 Waivers
Staff recognizes that, while the proposed ODS are intended to establish clear and objective requirements for residential and mixed-use development, certain project-specific or site conditions may warrant limited flexibility in the application of specific standards. Amendments to Chapter 17.37 (Waivers) are proposed to ensure consistency with the proposed ODS in Chapter 17.28 and to clarify the procedures for granting waivers for specified ODS (see Attachment 1, Exhibits G and H). The amendments include relief for up to three specified ODS per development project. Waiver requests exceeding this threshold could not be processed under this section and would instead be subject to a variance or other applicable entitlement process.

Applicants must demonstrate that the proposed alternative solution meets the design intent of the applicable ODS, or that compliance is not feasible due to the physical characteristics of the property or other unusual site constraints. Certain ODS may also include specific requirements or criteria that must be satisfied for a waiver to be granted.

Projects qualifying for a density bonus pursuant to California Government Code Section 65915 and Chapter 17.19 (Density Bonus for Affordable Housing) may also be eligible for additional development incentives, including waivers, concessions, or parking reductions. Consistent with state law and Chapter 17.19, these incentives are processed separately and are not considered waivers subject to Chapter 17.37.

These revisions provide a limited flexibility mechanism within an otherwise objective standards framework, while ensuring that waivers remain narrowly applied and consistent with the intent of the ODS. The proposed amendments also support Housing Element Program H2.12 by ensuring that development standards are applied in a manner that allows for feasible implementation of maximum allowable densities while maintaining objective and consistent design review criteria.

5. Chapter 17.42 Reasonable Accommodation
A new chapter, Chapter 17.42 (Reasonable Accommodation), is proposed to relocate the City's existing reasonable accommodation provisions from Chapter 17.37 into a standalone chapter (see Attachment 1, Exhibit I). The proposed chapter is intended to clearly distinguish reasonable accommodations from waivers and establish a more logical organizational structure within the Zoning Code. No substantial changes are proposed to the existing reasonable accommodation procedures.

The proposed chapter establishes procedures for requesting and reviewing reasonable accommodation requests consistent with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act. The provisions are generally consistent with the model reasonable accommodation ordinance published by HCD.

Establishing a standalone chapter improves the organization and usability of the Zoning Code by separating reasonable accommodation procedures from waiver provisions. The proposed chapter is generally consistent with the model reasonable accommodation ordinance published by HCD. This organizational approach is also used by many California jurisdictions and provides greater clarity regarding the distinct purposes and application of reasonable accommodations and waivers.

General Plan & Housing Element Alignment
The proposed ZTA will implement the Housing Element by establishing objective design standards, expanding opportunities for residential development, and streamlining applicable development review processes. The ZTA directly implements and advances the following Housing Element programs:

Program H3.2: Develop Objective Design Standards for Single-Family and Multi-Family Developments and Infill Housing – Establishes ODS and updates review processes for residential and residential mixed-use development to support housing development and streamline project review.

Program H3.4: Adjust Zoning to Allow Mixed Use in Current Commercial Zones – Expands opportunities for residential and residential mixed-use development in commercial districts and establishes objective standards for such development.

Program H2.8: Zoning for Missing Middle Housing Types – Partially implements the program by establishing ODS applicable to small multi-unit developments and providing flexibility for projects by establishing a waiver process (Chapter 17.37, Waivers).

Program H2.12: Ensure Maximum Residential Densities are Achievable – Partially implements the program by revising to help achieve maximum permitted densities.

Program H3.1: Streamline Ministerial Approval Permit Procedures – Partially implements the program by establishing a ministerial review process for housing developments eligible for streamlined review.

Program H5.3: Public Lands for Dedicated Affordable Housing – Partially implements the program by allowing 100 percent affordable housing as a permitted use in the Public Facilities zoning district.

A detailed summary of Housing Element programs addressed by the ODS project is included in Attachment 4.

The proposed ZTA represents an important step in implementing the City’s Housing Element and ensuring that the Zoning Code continues to support the City’s housing goals. The City also anticipates undertaking a comprehensive update to the General Plan beginning in 2028, as identified in the recently adopted 2026–2031 Capital Improvement Program (CIP). This update will provide an opportunity to comprehensively evaluate and update the General Plan to incorporate changes resulting from the implementation of the Housing Element and evolving state law. Effective on June 30, 2025, SB 130 allows jurisdictions to adopt zoning amendments that implement Housing Element programs without requiring concurrent amendments to the General Plan. Accordingly, the proposed ZTA can move forward as an implementation action while the City prepares for the broader General Plan update.

Collectively, the proposed ZTA supports the City’s Housing Element by ensuring that zoning and design standards are structured to facilitate housing production, improve predictability in the development review process, and align local regulations with state housing law requirements.

California Environmental Quality Act
The proposed ZTA is exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that it will have no significant effect on the environment. The proposed ZTA is also exempt from further environmental review pursuant to CEQA Guidelines Section 21080.085 as it is a rezoning that implements the schedule of actions contained in the City’s Housing Element pursuant to Government Code Section 65583(c).

Planning Commission Review
The Planning Commission held a public hearing on July 14, 2026 to consider recommending approval of the proposed ZTA. Staff and consultants presented the proposed ZTA and answered questions from the Planning Commission. Following questions, the Planning Commission voted 3-0, with two Commissioners absent, approving Resolution No. 2036 (see Attachment 3) recommending that the City Council adopt the draft Ordinance.

FISCAL IMPACT
There is no fiscal impact associated with this action.

STRATEGIC PRIORITY AREA
Further Economic Vitality and Housing for All
REVIEW AND APPROVAL
Prepared by - Carmelisa Lopez, Senior Planner
Michael Coulom, Housing Policies and Programs Manager
Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Attachment 1 – Draft Ordinance
Exhibit A Findings of Fact
Exhibit B Proposed Chapter 17.28 Residential and Residential Mixed-Use Design Standards Exhibit C Associated Zoning Code Amendments – Clean Version Exhibit D Associated Zoning Code Amendments – Redline Version Exhibit E Revised Chapter 17.34 Design Review – Clean Version Exhibit F Revised Chapter 17.34 Design Review – Redline Version Exhibit G Revised Chapter 17.37 Waivers – Clean Version Exhibit H Revised Chapter 17.37 Waivers – Redline Version Exhibit I Proposed Chapter 17.42 Reasonable Accommodation Attachment 2 Planning Commission Staff Report
Attachment 3 Resolution No. 2036
Attachment 4 Relevant Housing Plans and Policies
Attachment 5 ODS Project Timeline & Milestones
Attachment 6 Existing Conditions Report
Attachment 7 Community Engagement Summary
Staff Presentation
Ordinance No. ______ 1 of 5
Z2025-004
ORDINANCE NO. ______

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING TITLE 17 (ZONING) OF THE
NEWARK MUNICIPAL CODE TO ADD CHAPTER 17.28,

RESIDENTIAL AND RESIDENTIAL MIXED-USE DESIGN
STANDARDS, AND CHAPTER 17.42, REASONABLE

ACCOMMODATION AND AMEND DIVISION II, BASE AND
OVERLAY DISTRICTS, CHAPTER 17.17, GENERAL SITE
REGULATIONS, CHAPTER 17.21, LANDSCAPING, CHAPTER

17.23, PARKING AND LOADING, CHAPTER 17.34, DESIGN
REVIEW, CHAPTER 17.37, WAIVERS, AND CHAPTER 17.46,

DEFINITIONS, GENERALLY AFFECTING DEVELOPMENT

AND DESIGN STANDARDS FOR RESIDENTIAL AND

RESIDENTIAL MIXED-USE DEVELOPMENT
WHEREAS, the City of Newark (the “City”) occasionally initiates amendments to the Newark Municipal Code (“NMC”) to clarify, add, or amend certain provisions to ensure that it remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, on October 26, 2023, the City Council adopted Resolution No. 11,575, adopting a general plan amendment to repeal the Fifth Cycle Housing Element for the period of 2015-2023 and adopt the Housing Element of the General Plan for the period of 2023-2031 and adopt the Safety Element of the General Plan, in compliance with State Housing Element Law; and
WHEREAS, the State has enacted laws that require approval of multi-unit and mixed-use development to be based on uniformly verifiable criteria (i.e., objective standards), and defines objective standards as those that “involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and public official before submittal” (Government Code Section 65913.4.); and
WHEREAS, state legislation has increasingly emphasized streamlined, ministerial review processes and has limited the use of subjective design standards that may delay or constrain housing development; and
WHEREAS, NMC Title 17 (“Zoning Code”) contains a mix of subjective and objective standards; and
WHEREAS, the Sixth Cycle Housing Element commits the City to developing objective Ordinance No. ______ 2 of 5
design standards (“ODS”) for single-unit and multi-unit residential development through Program H3.2 and mixed-use development through Program H3.4; and WHEREAS, the City desires to make the following amendments to the NMC: add Chapter 17.28, Residential and Residential Mixed-Use Design Standards, to establish ODS for residential and residential mixed-use development; and amend Division II, Base and Overlay Districts, Chapter 17.17, General Site Regulations, Chapter 17.21, Landscaping, Chapter 17.23, Parking and Loading, and Chapter 17.46, Definitions, to ensure consistency with Chapter 17.28; and
WHEREAS, the City also desires to amend Chapter 17.34, Design Review, to establish and refine processes for discretionary and ministerial design review and Chapter 17.37, Waivers, to allow the granting of waivers for certain ODS, and to relocate existing reasonable accommodation standards from Chapter 17.37 to a new standalone chapter, Chapter 17.42, Reasonable Accommodation; and
WHEREAS, the additions and amendments to the Zoning Code are collectively referred to as the “Zoning Text Amendment”; and
WHEREAS, the Zoning Text Amendment directly implements Program H3.2 by replacing subjective design guidelines with clear, uniformly applicable standards that support consistent and efficient project review, and Program H3.4 by expanding opportunities for residential and mixed-use development in commercial zones; and WHEREAS, the Zoning Text Amendment also advances several Housing Element programs, including Program H2.8 by clarifying design expectations for a range of residential types and by providing objective open space standards scaled to different project types and sizes; Program H2.12 by refining development standards to reduce procedural and regulatory constraints without compromising design quality and by providing objective pathways to meet required design and development criteria without unnecessary barriers; Program H3.1 by supporting streamlined ministerial approval processes for qualifying residential development consistent with state law; and Program H5.3 by allowing 100 percent affordable housing by right in the Public Facilities zoning district; and
WHEREAS, the Zoning Text Amendment is exempt from further environmental review pursuant to the California Environmental Quality Act (“CEQA”) Guidelines §15061(b)(3), as it can be seen with certainty that it will not have a significant effect on the environment, and pursuant to §21080.085, as it is a rezoning that implements the schedule of actions contained in the City’s Housing Element pursuant to Government Code §65583(c); and WHEREAS, a staff report dated July 14, 2026, and incorporated herein by reference, described and analyzed the Zoning Text Amendment for the Planning Commission; and WHEREAS, on July 14, 2026, the Planning Commission reviewed the staff report at a noticed public hearing on the Zoning Text Amendment, at which time all interested parties had the opportunity to be heard; and
Ordinance No. ______ 3 of 5
WHEREAS, following the public hearing, the Planning Commission considered the staff recommendation as provided in the staff report, adopted Resolution No. 2036 incorporated herein by reference, and transmitted the resolution to the City Council; and WHEREAS, a staff report dated September 10, 2026, and incorporated herein by reference described and analyzed the Zoning Text Amendment for the City Council; and WHEREAS, on September 10, 2026, the City Council reviewed the staff report at a duly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the City Council finds that the staff report and CEQA exemptions reflect the City’s independent judgment and analysis of the proposed Zoning Text Amendment; and WHEREAS, the City Council finds that the Zoning Text Amendment meets the requisite findings of fact necessary for approval and the recommended findings of fact and determinations set forth in “Exhibit A”, attached to this Ordinance; and WHEREAS, the City’s General Plan and Zoning Code are incorporated herein by reference and are available for review at City Hall during normal business hours and on the City’s website.

NOW, THEREFORE, the City Council of the City of Newark does ordain as follows:

Section 1: That the foregoing recitals are true and correct and hereby made part of this Ordinance.

Section 2: The City Council of the City of Newark does hereby find and declare that the proposed Zoning Text Amendment embodied in this Ordinance as set forth in Exhibits B through I, attached hereto and made a part hereof by reference, is exempt from further environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines §15061(b)(3), as it can be seen with certainty that it will not have a significant effect on the environment, and pursuant to §21080.085, as it is a rezoning that implements the schedule of actions contained in the City’s Housing Element pursuant to Government Code §65583(c).

Section 3: Pursuant to NMC §17.39.070 and 17.39.080, the City Council of the City of Newark does hereby make the findings of fact and determinations required by the NMC as set forth in Exhibit A attached hereto and incorporated herein by this reference.

Section 4. Pursuant to NMC §17.39.070 of the Zoning Code, City Council does hereby find that the Zoning Text Amendment embodied in this Ordinance as set forth in Exhibits B through I, attached hereto and made a part of by reference, which seeks to add Chapter 17.28, Residential and Residential Mixed-Use Design Standards, and Chapter 17.42, Reasonable Accommodation and amend Division II, Base and Overlay Districts, Chapter 17.17, General Site Regulations, Chapter 17.21, Landscaping, Chapter 17.23, Parking and Loading, Chapter 17.34, Design Review, Ordinance No. ______ 4 of 5
Chapter 17.37, Waivers, and Chapter 17.46, Definitions, generally affecting development and design standards for residential and residential mixed-use development is necessary and desirable to achieve the purposes of the Zoning Code of the NMC.

Section 5: The Zoning Code is hereby added and amended as shown in Exhibits B, C, E, G, and I as clean versions, and Exhibits D, F, and H, with strikeout denoting deletions and underline denoting additions.

Section 6: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of the City of Newark hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.

Section 7: Effective Date. This Ordinance shall take effect thirty (30) days from the date of its passage. Before expiration of fifteen (15) days after its passage, this ordinance shall be published in The Tri-City Voice, a newspaper of general circulation published and printed in the County of Alameda and circulated in the City of Newark.

The foregoing Ordinance was introduced and read before the City Council of the City of Newark by at the regular meeting of the City Council of the City of Newark held on ________, ____.

This Ordinance was read at the regular meeting of the City Council held ________, ____. Council Member ________ moved that it be adopted and passed, which motion was duly seconded, and said ordinance was passed and adopted.

AYES:

NOES:

ABSENT:

Ordinance No. ______ 5 of 5
SECONDED:

APPROVED:

ATTEST: Mayor
City Clerk
APPROVED AS TO FORM:

City Attorney
Exhibits
A. Findings of Fact
B. Proposed Chapter 17.28 Residential and Residential Mixed-Use Design Standards C. Associated Zoning Code Amendments – Clean Version
D. Associated Zoning Code Amendments – Redline Version
E. Revised Chapter 17.34 Design Review – Clean Version
F. Revised Chapter 17.34 Design Review – Redline Version G. Revised Chapter 17.37 Waivers – Clean Version
H. Revised Chapter 17.37 Waivers – Redline Version
I. Proposed Chapter 17.42 Reasonable Accommodation
Z2025-004
1 Exhibit A
Findings of Fact
Pursuant to Newark Municipal Code Sections 17.39.060 and 17.39.080, the City Council of the City of Newark does hereby make the findings of fact and determinations required by the City of Newark Municipal Code.

The City Council shall not recommend approval of a zoning amendment unless the proposed amendment meets the following criteria:

A. The amendment is consistent with the general plan.

On October 26, 2023, the City Council of the City of Newark adopted Resolution No. 11,575, adopting a general plan amendment to repeal the Fifth Cycle Housing Element for the period of 2015-2023 and adopt the Housing Element of the General Plan for the Period of 2023-2031 and adopt the Safety Element of the General Plan, in compliance with State Housing Element Law.

The proposed Zoning Text Amendment (Z2025-004) is consistent with the City of Newark General Plan, including the 2023–2031 Housing Element adopted by City Council on October 26, 2023 and certified by HCD on December 21, 2023.

The Housing Element identifies 45 programs and 35 policies intended to facilitate housing production, improve affordability, and streamline development review in accordance with state housing law. The proposed amendments directly implement multiple Housing Element programs, including:

Program H3.2 (Develop objective design standards for single family and multi family developments and infill housing) by replacing subjective design standards with clear, measurable, and uniformly verifiable standards in the new Chapter 17.28, Residential and Residential Mixed-Use Design Standards;
Program H3.4 (Adjust zoning to allow mixed use in current Commercial zones) by establishing objective standards and zoning amendments that support residential and mixed-use development in commercial zones;
Program H3.1 (Streamline ministerial approval permit procedures) by developing objective design standards (ODS) and revising Chapter 17.34, Design Review, to establish and refine ministerial and streamlined review pathways for qualifying residential and mixed-use projects;
Program H2.8 (Missing Middle Housing Types) by clarifying design expectations for a range of residential development types, including single-unit, multi-unit, and missing middle housing and by providing objective open space standards that are scaled to different project types and sizes;
Z2025-004
2 Program H2.12 (Maximum Densities) by refining development and design standards to reduce procedural and regulatory constraints without compromising design quality and ensuring development standards function cohesively with base zoning standards by providing objective pathways to meet required design and development criteria without unnecessary barriers; and
Program H5.3 (Public Lands for Affordable Housing) by permitting 100 percent affordable housing by right in the Public Facilities zoning district.

B. Any change in district boundaries is necessary to achieve the balance of land uses desired by the city, consistent with the general plan, and to increase the inventory of land within a given zoning district.

There are no changes to district boundaries proposed as part of the action.

C. The amendment will promote the growth of the city in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

The proposed action is necessary to comply with the requirements of the City’s Housing Element of the General Plan for the period of 2023-2031, which was adopted pursuant to state law.

The creation of ODS in Chapter 17.28, Residential and Residential Mixed-Use Standards, reduces uncertainty and delays in project review, enabling more predictable and efficient processing of residential and mixed-use development.

The amendments to Chapter 17.34, Design Review, further promote orderly development by creating clearly defined discretionary and ministerial review pathways, including a local ministerial streamlined process for qualifying residential and mixed-use residential projects.

These changes improve procedural clarity, reduce processing delays, and ensure consistency with state streamlining laws.

The proposed ODS also incorporate design requirements that protect community health and welfare by mitigating impacts of higher-density development on lower-density neighborhoods.

These include ODS for building articulation, setbacks, landscaping, window placement, and site transitions to maintain privacy, reduce visual impacts, and ensure compatibility between land uses.

Additionally, amendments to Chapter 17.37, Waivers, and the creation of Chapter 17.42, Reasonable Accommodation, provide structured mechanisms for flexibility in design, while maintaining the principles of ODS and ensuring compliance with federal and state law.

Collectively, the proposed Zoning Text Amendment promotes orderly and sustainable growth by aligning the City’s zoning regulations with state law, improving the efficiency and predictability of the development review process, and ensuring that new residential and mixeduse residential development occurs in a manner that is compatible with surrounding uses and supportive of the City’s goals.

Chapter 17.28 RESIDENTIAL AND RESIDENTIAL MIXED-USE DESIGN STANDARDS (New Chapter – All Proposed Text)
Newark, California, Code of Ordinances

Page 1 of 23 ends

Newark City CouncilSeptember 10, 2026

Newark City Council
September 10, 2026