Beginning at a point on the N/W line of Thornton Avenue distance thereon North 33° 00' East 440 feet from the point of intersection thereof with the N/W line of Cherry Road, as said avenue and road are shown on said map; running thence along the said line of Thornton Avenue, North 33° 00' East 55 feet; thence North 56° 86' West 150.00 feet; thence South 33° 00' West 55.00 feet; thence South 56° 66' East 150.00 feet to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Newark:
The Southeasterly 10 feet of that certain parcel of land described in the Deed from Clyde W.
Lindsay and Marie T. Lindsay, his wife, to Edward C. Jackson and. Eunice M. Jackson, his wife, recorded October 2, 1952 in the Office of the County Recorder of Alameda County in Book 6839, Page 514, Official Records of Alameda County.
APN: 092A-0919-017-02
6347 Thornton Avenue:
Portion of Lot 23, Block "J", Map of Newark Acres, flied December 8, 1916, Map Book 16, Page
11, Alameda County Records, described as follows:
Beginning at a point on the Northwestern line of Thornton Avenue distance thereon North 33° 00' East 495.00 feet from the Northeastern line of Cherry Road, as said avenue and road are shown on said map; running thence along the said line of Thornton Avenue, North 33° 00' East
55.00 feet; thence North 56° 86' West 150.00 feet; thence South 33° 00' West 55.00 feet; thence South 56° 66' East 150.00 feet to the point of beginning.
EXCEPTING THEREFROM the Southeastern 10 feet, as granted to the City of Newark recorded
September 10, 1969, Series No. 101382 in Book 2474, Page 50 of Official Records. 6375 Thornton Avenue
ATTACHMENT G
55 APN: 092A-0919-016-02
6375 Thornton Avenue:
A portion of Lots 22 and 23 in Block J, map of Newark Acres, filed December 8, 1916, in Book 16 of Maps, Page 11, Alameda County Records, described as follows:
Beginning at a point on the Northwestern line of Thornton Avenue, distant thereon North 33° 00’ East 385 feet from the point of intersection thereof with the Northeastern line of Cherry road, as said Avenue and Road are shown on said map; running thence along said line of Thornton Avenue North 33° 00’ East 55.00 feet; thence North 56° 58’ West 150.00 feet; thence South 33° 00’ West 55.00 feet; thence South 56° 58’ East 150.00 feet to the point of beginning.
APN: 092A-0919-018
ATTACHMENT G
56 STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT G
57 STATE OF CALIFORNIA )
) §
County of )
On , before me, a
Notary Public, personally appeared who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT G
58 EXHIBIT “F”
REVISED FINANCING PLAN
[To Be Attached]
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LEASE OF CITY REAL PROPERTY
AT 6347, 6361 AND 6375 THORNTON AVENUE, NEWARK, CA TO
________________
This lease of real property (“Lease”) at 6347, 6361 and 6375 Thornton Avenue, Newark, dated ______, 2025, is by and between the City of Newark, a municipal corporation of the State of California, hereafter called “Lessor,” and ________________, a California_____________, hereafter called “Lessee”, collectively referred to as “the Parties”.
RECITALS
A.WHEREAS, Lessor is the owner in fee of all that certain property described in Exhibit “A”, attached hereto and incorporated herein by this reference, along with all buildings and improvements located thereon, hereafter referred to as “Property”; and B.WHEREAS, the Lessor and Thornton, L.P., entered into that certain Option Agreement whereby Thornton, L.P. obtained an option to ground lease the Property from the City (“Option”); and C.WHEREAS, Lessee has requested a short-term lease for the Property during the term of the Option.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, the Parties agree as follows:
1. Lease of Property. Lessor hereby leases to Lessee the Property, including the buildings and improvements located thereon.
2. Term of Lease. The term of this Lease shall commence on the date hereof and shall expire on the earlier of (i) termination of the Option if the Option expires before Lessee exercises the Option; (ii) the date the Lessor and Thornton, L.P., enter into a Ground Lease for the Property or (iii) June 30, 2027 (“Term”). If the term of the Option is extended, the date set forth in subparagraph (iii) above will be extended, to the extent necessary to correspond to the term of the Option. At the end of the term the Parties may mutually agree to extend the term on a month-to-month basis for a period of one (1) year. The Parties may also mutually agree to an early termination.
3. Condition of Property. Lessee is fully aware of the existing condition of the Property and accepts the Property in its existing condition.
4. Rent. Rent shall be $______ per month paid on or before the 1st of each and every month of the Term and any extensions herein. In the event this rent amount is not received by Lessor by the 1st of the month, a late fee of $50.00 shall be assessed, except that the late fee shall not be assessed until the 10th of the month for the first month’s rent only.
5. Use of Property. The Property shall only be used for purposes consistent with the zoning for the Property and in accordance with any permits and approvals issued by the City in its regulatory capacity for such use and no demolition, alterations or construction shall occur during the term unless Page of
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otherwise authorized in accordance with Section 16 below. Additionally, Lessee is required to maintain the Property in accordance with Section 13 below and keep the Property secured at all times.
6. Assignment and Sublease. Lessee shall not assign this Lease or any interest therein, nor let or sublet the whole or any part of the Property without the express written consent of Lessor which Lessor may grant in its sole discretion, except Lessee shall be permitted to assign this Agreement without the express written consent of Lessor to any affiliated entity of Lessee, provided Lessee provides written notice of such assignment to Lessor at least thirty (30) days prior to the effective date of such assignment and a fully executed copy of any assignment documents. Lessee is permitted to sublet the Property to A&B Construction through approximately December 31, 2025.
7. Expiration. Upon the expiration of the Term of this Lease, or of any extension, Lessee shall quit and surrender the Property in as good state and condition, reasonable wear and tear excepted, as its condition at the commencement of said Term.
8. Compliance with All Laws. Lessee, at its sole cost, shall comply with all applicable lawful requirements, policies, statutes and ordinances with respect to the use of the Property.
9. Utilities. Lessee shall pay all charges for utilities and other services upon the Property, including but not limited to gas, electricity, sewer, water and garbage charges.
10. Indemnification and Hold Harmless. Lessee shall defend, indemnify and hold harmless Lessor, its officers, agents, and employees against any liability, claim or loss for damage to any property or injury to or death of any person or persons arising from or connected to the Property during the Term of this Lease, except to the extent such liability claim or loss is attributable to the gross negligence or willful misconduct of Lessor, its officers, agents, or employees. Without limitation, Lessee’s indemnification obligations hereunder shall apply to any relocation benefits to which any of Lessee’s subtenants may be entitled.
11. Hazardous Materials.
A. Hazardous materials are those substances listed in Division 4, Chapter 30, Article 9 of Title 22, California Code of Regulations, or those which meet the toxicity, reactivity, corrosiveness or flammability criteria of Article 11 of the above Code, as well as any other substance which poses a hazard to health or environment.
B. Except as otherwise permitted in the Lease, Lessee shall not use, create, store or allow any such substances on the Property. Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted.
C. In no case shall Lessee cause or allow the deposit or disposal of any such substance on the Property.
D. However, household products necessary for routine cleaning and maintenance of the Property may be kept on the Property in quantities reasonable for current needs.
E. Lessor, or its agents or contractors, shall at all times have the right, upon reasonable notice, to go upon and inspect the Property and the operations conducted thereon to assure compliance with the Page of
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requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or testing soils or underground tanks on the Property.
F. Breach of any of these covenants, terms and conditions shall give Lessor authority to immediately terminate this Lease. It is the intent of the parties hereto that the Lessee shall be responsible for and bear the entire cost of removal and disposal of hazardous materials or waste introduced to the Property during the term of this Lease. The Lessee shall also be responsible for any cleanup and decontamination on or off the Property necessitated by such materials or waste.
G. Lessee shall further indemnify, defend, and hold Lessor and its officers or employees, harmless from any and all responsibility, loss, damage, liability and expenses (including reasonable attorneys’ fees) resulting from the presence or use of hazardous materials on the Property during the Lessee's periods of use and possession.
12. CASp Compliance. Pursuant to California Civil Code section 1938, Lessor hereby notifies Lessee that as of the date of this Lease, the buildings located on the Property have not undergone inspection by a “Certified Access Specialist” (“CASp”) to determine whether each building meets all applicable construction-related accessibility standards under California Civil Code section 55.53. Lessor hereby discloses pursuant to California Civil Code section 1938 as follows: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the Lessee from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the Lessee, if requested by the Lessee. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Lessor and Lessee hereby acknowledge and agree that in the event that Lessee elects to perform a CASp inspection of the building hereunder (the “Inspection”), such Inspection shall be (a) performed at Lessee’s sole cost and expense, (b) limited to the building and (c) performed by a CASp who has been approved or designated by Lessor prior to the Inspection. Any Inspection must be performed at a time reasonably approved by Lessor. Lessor reserves the right to be present during the Inspection. Lessee agrees to: (i) promptly provide to Lessor a copy of the report or certification prepared by the CASp inspector upon request (the “Report”). Lessee shall be solely responsible for the cost of modifications or improvements required to comply with all applicable accessibility standards under state or federal Regulations, as well as any other repairs, upgrades, improvements, modifications or alterations required by the Report or that may be otherwise required to comply with applicable Regulations or accessibility requirements (the “Access Improvements”) to the building necessary to correct any such violations of construction-related accessibility standards identified by such Inspection as required by Regulations, which Access Improvements may, at Lessor’s option, be performed in whole or in part by Lessor at Lessee’s expense, payable as Additional Rent within ten (10) days following Lessor’s demand.
13. Maintenance and Repairs. Lessee shall be responsible for securing the Property to protect the Property from trespassers, which may include installing security fencing around the perimeter of the Property and taking other appropriate security measures as needed to secure the Property. Lessee shall also keep the Property free of all debris and waste and shall conduct any weed abatement or other Page of
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maintenance necessary to keep the Property in a neat and well-maintained manner. Lessor shall not maintain any part of the Property or the improvements located thereupon.
14. Taxes. Lessee shall pay before delinquency all taxes, assessments, license fees, and other charges that are levied and assessed against the Property, including but not limited to possessory interest taxes and taxes on any of Lessee's personal property installed or located in or on the Property, that become payable during the term of this Lease. On demand by Lessor, Lessee shall furnish Lessor with satisfactory evidence of these payments.
15. Insurance. As a condition precedent to this Lease, Lessee shall provide evidence of insurance in accordance with the insurance requirements shown in Exhibit “B” and incorporated herein by reference. Lessee shall maintain these insurance requirements throughout the lease term and name Lessor as additional insured on its insurance policies.
16. Alterations, Additions and Improvements.
A. Lessee shall not undertake any demolition, building, construction, reconstruction or development on the Property without submitting to Lessor a plan and receiving Lessor's approval thereof. Any such approved alterations, additions or improvements shall be made solely at the cost of Lessee and shall not be made until Lessee has obtained any and all necessary permits and approvals.
B. Lessee shall keep the Property free and clear of any and all liens or encumbrances. Lessor shall have the right to post and keep posted in a conspicuous place on the Property a notice of non-responsibility during the period of time during which any alterations, additions or improvements may be made by Lessee.
17. Waiver. No waiver by either party at any time of any of the terms, conditions or covenants of this Agreement shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of Lessor to reenter the Property or to exercise any right, power or privilege or option arising from any breach shall impair any such rights, power, privilege or option or be construed as a waiver of such breach or a relinquishment of any right or acquiescence therein.
18. Default. Should Lessee default at any time in the payment of any installment of rent, or of any other charges when the same become due, or should Lessee default in the performance of any covenant or agreement or condition hereunder, including the use of the Property, and fail to cure the default after thirty (30) days' written notice of such default by Lessor to Lessee, Lessor shall have the right to terminate this Lease forthwith. In the event of such termination, Lessee shall quit and surrender the Property to Lessor and Lessor shall have the right of immediate reentry. The right to terminate this Lease shall be in addition to the other rights or remedies of Lessor in the event of a default.
19. Binding on Successors. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto.
20. Severability. If any section, paragraph, sentence, clause, phrase, or portion of this Lease is invalid or shal1 be held to be invalid, such invalidity shall not affect the validity of the balance of the Lease.
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21. Notice. Any notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and either personally delivered to the other party or deposited in the United States mail, postage prepaid and addressed as follows:
To Lessee:
To Lessor: City of Newark
37101 Newark Blvd
Newark
Attention: ______________________
22. Destruction of Property. In the event the Property is totally or partially destroyed, rendering the Property totally or partially inaccessible or unusable, either party may terminate this Lease by giving written notice of such termination to the other party.
23. Taking by Eminent Domain. If, during the term of this Lease there is any taking of all or any part of the Property or any interest in this Lease by condemnation, the rights and obligations of the parties shall be determined pursuant to this paragraph. If the Property is totally taken by condemnation, this Lease shall terminate on the date of taking. If any portion of the Property is taken by condemnation, the lease terminates as to the part taken and remains in effect as to the remainder. The terms of this Lease shall remain in effect, including a pro rata percentage of the rent commensurate with the percentage of the remainder, as to the remainder unless Lessee shall give written notice of termination to Lessor within thirty (30) days of the date of taking. In the event of either a total or partial taking by condemnation, Lessor shall be entitled to all compensation paid as a result of the taking, whether by negotiated settlement or judgment entered by a court, and Lessee shall have no claim to or interest in any of the proceeds of such eminent domain action.
24. Memorandum of Lease. A short form Memorandum of Lease referring to this Lease shall be executed by Landlord and Tenant and recorded in the Official Records of the County of Alameda, California.
25. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles.
Proper venue for legal actions will be exclusively vested in a state court in the County of Alameda. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Alameda and waive all venue objections.
26. Integrated Agreement; Amendment. This document represents the entire and integrated agreement between Lessor and Lessee and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument signed by both Lessor and Lessee.
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27. Electronic Execution and Counterparts. The Parties agree that this Lease may be signed electronically and may be executed in counterparts. [SIGNATURES ON NEXT PAGE]
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LESSOR:
CITY OF NEWARK,
a California municipal corporation
By:
David Benoun, City Manager
ATTEST:
By:
APPROVED AS TO FORM:
By:
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LESSEE:
By:
Name:
Its:
APPROVED AS TO FORM:
By:
A-1
Exhibit A
Legal Description of the Property
That r
6361 Thornton Avenue
Portion of Lot 23, Block "J", Map of Newark Acres,
Beginning at a point on the N/W line of Thornton Avenue 440 feet from the point of intersection thereof with the N/W line of Cherry Road, as said avenue and
33° 00' East 55 feet; thence North 56° 86' West 150.00 feet; thence South 33° 00' West 55.00 feet; thence South 56° 66' East 150.00 feet to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the City of Newark:
The Southeasterly 10 feet of that certain parcel of land described in the Deed from Clyde W.
Lindsay and Marie T. Lindsay, his wife, to Edward C. Jackson and. Eunice M. Jackson, his wife, recorded October 2, 1952 in the Office of the County Recorder of Alameda County in Book 6839, Page 514, Official Records of Alameda County.
APN: 092A-0919-017-02
6347 Thornton Avenue
Portion of Lot 23, Block "J", Map of Newark Acres,
11, Alameda County Records, described as follows:
Beginning at a point on the Northwestern line of Thornton Avenue 00' East 495.00 feet from the Northeastern line of Cherry Road, as said avenue and road are shown on said map; running thence along the said line of Thornton Avenue, North 33° 00' East
55.00 feet; thence North 56° 86' West 150.00 feet; thence South 33° 00' West 55.00 feet; thence South 56° 66' East 150.00 feet to the point of beginning.
EXCEPTING
September 10, 1969, Series No. 101382 in Book 2474, Page 50 of Official Records. 6375 Thornton Avenue
APN: 092A-0919-016-02
A-2
6375 Thornton Avenue
A portion of Lots 22 and 23 in Block J, map of Newark Acres, filed December 8, 1916, in Book 16 of Maps, Page 11, Alameda County Records, described as follows:
Beginning at a point on the Northwestern line of Thornton Avenue, distant thereon North 33° 00’ East 385 feet from the point of intersection thereof with the Northeastern line of Cherry road, as said Avenue and Road are shown on said map; running thence along said line of Thornton Avenue North 33° 00’ East 55.00 feet; thence North 56° 58’ West 150.00 feet; thence South 33° 00’ West 55.00 feet; thence South 56° 58’ East 150.00 feet to the point of beginning.
APN: 092A-0919-018
B-1
Exhibit B
INSURANCE REQUIREMENTS FOR LESSEES
Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Lessee, his agents, representatives, or employees.
Minimum Scope and Limits of Insurance Lessee shall maintain limits no less than:
1. Commercial General Liability: $2,000,000 per occurrence and $3,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form CG 0001 or equivalent is required.
2. Workers' Compensation: Statutory Limits Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared and approved by the City of Newark. The lessee shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Newark, its officials, employees, agents and volunteers are to be covered as additional insureds with respects to liability arising out of activities performed by or on behalf of the Lessee; products and completed operations of the Lessee; Property owned, occupied or used by the Lessee; or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Newark, its officers, employees, agents or volunteers.
2. For any claims related to this projects, the Lessee's insurance shall be primary. Any insurance or self -insurance maintained by the City of Newark, its officers, officials, employees, agents and volunteers shall be excess of the Lessee's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Newark, its officers, officials, employees, agents or volunteers.
4. The Lessee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Newark.
B-2
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 of Newark.
Verification of Coverage
Lessee shall furnish the City of Newark with an original Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Newark prior to commencement of lease.
Attachment I
1 Summary of Risks and Mitigations
Affordable housing development is rarely without setbacks, and oftentimes falls behind schedule due to resource shortages. While the recommended actions are not without risk, said risk should be weighed against the City’s existing financial commitments to the Project, and the City Housing Element and Affordable Housing Workplan. The following are three scenarios associated with potential Council action and their related risks.
1. No Action Alternative- Should the City not take action to support the Project’s MHP competitiveness, the Project will continue to apply for gap financing in a very competitive environment. The Project will lose its DDA status, creating a larger funding gap and causing the Project to seek additional competitive sources. The Project will likely languish until the state or region secures significant new affordable housing funds, such as through a bond initiative or major budget surplus. a. If the City opts to take no action, the Project is almost certain to be unsuccessful in securing MHP and thereby LIHTCs and bonds; the Project would miss its construction commencement and completion deadlines in 2026.
b. Having been unsuccessful in securing MHP in 2025, the Project would seek alternative funding sources in 2026, subject to their availability. Applicable alternative sources have not been identified at this time. Once all gap funds are secured, the Project would apply for LIHTCs and bonds.
2. Acquire the Project Site and Re-Dispose to SAHA: Acquisition Risks- Should the City acquire the Project Site, the City would absorb legal and financial liability for the Project Site including, but not limited to: prior agreements or obligations to existing or recent tenants, if any; pre-existing environmental conditions; Project Site operation, security and maintenance.
a. The City could mitigate this risk by transferring site control and all liability back to SAHA shortly after acquisition, likely through some combination of a right of entry and licensing agreement, lease-option agreement, or direct lease of the Project Site back to SAHA. SAHA must have site control to apply for MHP, so it will be in SAHA’s interest to agree to terms before the April 2025 MHP application deadline.
b. Prior to accepting conveyance of the Project Site, the City will conduct due diligence regarding the property, including the review of all environmental documentation and tenant agreements. SAHA conducted its own due Attachment I
2 diligence prior to acquiring the Project Site and did not identify significant risks; SAHA’s purchase agreement with the Project Site’s previous owners included delivering the individual properties vacant.
c. SAHA has leased the Project Site to a contractor of the Alameda County Water District (ACWD), which is undertaking the Central Newark Thornton Avenue Project to replace aging infrastructure and improve water service reliability.
The contractor is using the Project Site as a construction management office while completing the ACWD project, which is expected to conclude in June 2025. If the City acquires the Project Site, the City could either be assigned and administer this lease directly, or assign responsibility to SAHA for lease administration. Given the short term nature of this lease, the lessee’s limited on-site activities, and its nature as a public project, risk to either scenario is low.
3. Continued Financial Competitiveness- There is a chance that even if the City acquires and re-disposes of the Project Site to SAHA that the Project will not be awarded MHP and/or LIHTCs and bonds before the Performance Milestone deadlines. In addition to the highly competitive nature of those programs’ applications, certain factors are outside of the City’s control, such as potential for application error on behalf of SAHA, rule changes by HCD, TCAC or CDLAC, or budgetary adjustments at the state or federal levels that reduce funds. a. This risk is not uncommon in affordable housing development. Fortunately, SAHA is a competent and committed local developer with a successful track record securing MHP, LIHTCs, bonds, and other competitive funding sources.
SAHA has also operated in Newark for over 40 years and owns and manages 200 homes for low-income seniors at Newark Gardens I and II, across the street from Newark Community Center.
b. Additional Consideration(s): SAHA purchased the Project Site with funds from the City’s NOFA. If SAHA defaults on the Agreement, the City would have recourse to reclaim the value of the loan, thereby potentially taking fee title of the Project Site anyway. The recommended action provides a clean and mutually agreeable path to this potential eventuality.
February 27, 2025
City Council Meeting
Michael Coulom, Housing Policy and Programs Manager
Carmelisa Lopez, Senior Planner
First Amendment to Loan Agreement,
Acquisition, Lease, and Declaration of Exempt
Surplus Land for SAHA Affordable Housing
1 Agenda
1. Introductions
2. Housing Element and Housing Workplan
3. Thornton Ave Apartments Project History
4. Affordable Housing Finance
5. First Amendment to Loan Agreement
6. Next Steps
7. Staff Recommendation
8. Q&A
2 Introductions
City of Newark
Steven Turner, Community Development Director
Art Interiano, Deputy Community Development Director
Michael Coulom, Housing Policy and Programs Manager
Carmelisa Lopez, Senior Planner
Satellite Affordable Housing Associates
Jonathan Astmann, Associate Director, Real Estate Development 3 2023 – 2031 Housing Element
• City Council adopted the Housing Element (HE) on October 26, 2024, whereafter HCD found it compliant with state law on December 21, 2024 • Newark’s HE establishes policies and programs to plan for 1,874 new homes by 2031, including 464 homes for very low-income households, and 268 homes for low-income households
• Example programs include:
• H2.7: Providing financing for the development of new low-income homes • H4.1: Developing local preferences for individuals who live/work in Newark • H5.3: Utilizing public land for affordable housing development 4 Affordable Housing Work Plan
• City Council adopted the Affordable Housing Work Plan in May 2021 • Identifies the priority housing needs, types, and programs to help address the needs of Newark residents
• Establishes parameters for use of the Housing Impact Fee Fund • 40 percent of funds for development of new affordable housing • 40 percent of funds for acquisition of land for new affordable housing • 20 percent other uses
5 Thornton Ave Apartments: Project History
• City released a Notice of Funding Availability
on June 2, 2022
• City Council authorized a $12 million loan to
Satellite Affordable Housing Associates (SAHA)
in March 2023
• The City and SAHA entered into the loan
agreement for acquisition and development of
three parcels on Thornton Avenue in April
2023
6 Main Terms of City Loan
Loan Amount $12,000,000
Interest Rate 3%
Term 57th anniversary of Final Certificate of Occupancy Repayment City’s prorata share of residual receipts
Affordability Regulatory Agreement and forthcoming state density bonus and California TCAC regulatory
agreements will protect the affordability of 100% of
the units (except for the manager’s unit)
7 Main Terms of City Loan
Affordability
Levels
33% Extremely Low-Income, 44% Very Low-Income,
22% Low-Income
City Preference To the extent permitted by law and funding regulations, preference will be given to applicants
who live or work in Newark
Covenants Runs
With The Land
The Regulatory Agreement remains in place even if
the property is transferred to another owner
Subordination Commitment to meet and confer with the successor owner to discuss need for rent increases to 60% AMI
8 Main Terms of City Loan
Performance
Milestones
Construction Start: Not later than March 31, 2026
Construction Complete: Not later than May 31, 2028
Predevelopment
Loan Component
Not to exceed $4.3 million for site acquisition and
other predevelopment expenses, such as
architectural, engineering or City legal fees
Construction
Loan Component
Available at construction close for construction
expenses
9 Thornton Ave Apartments: Project Site
• Project Site consists of 6347,
6361, and 6375 Thornton
Avenue
• Each parcel consists of a singlefamily home previously occupied by commercial uses
• All parcels have been vacant
since 2023*
*ACWD is leasing the Project Site through
March 31, 2025 for use as a construction office
10 Thornton Ave Apartments: Proposed Project
• 59 homes (including one manager’s unit) for low- and very low-income households.
• 50+ percent of homes are 2- and 3-bedroom units for families • 10 homes for households with a member who has an intellectual or development disability (I/DD) and receives services from the Regional Center of the East Bay
• Terraced courtyard with play area and community gardens • 42 parking stalls
11 Design Features
Community Garden
12 Thornton Ave Apartments: Site Plan
13 Thornton Ave Apartments: Elevations
14 Thornton Ave Apartments: Elevations
15 Thornton Ave Apartments: Elevations
16 Thornton Ave Apartments: Renderings
17 Thornton Ave Apartments: Renderings
18 Project Entitlements
• SAHA submitted a formal entitlement application in December 2023 • City staff and SAHA have worked collaboratively to address various department comments
• The Project requires the following entitlements: Design Review, Tentative Parcel Map Review, a Minor Use Permit for building height over 35 feet, and a Density Bonus request
• The Project also requires City Council approval for Alternative Means of Compliance to the City’s Affordable Housing Impact Fees. Because the project is providing affordable units on-site, it is not subject to these fees. 19 Affordable Housing Finance
• SAHA’s Preliminary and Revised Financing Plans target state and federal subsidy programs in addition to the City’s loan, including:
• State Multifamily Housing Program (MHP)
• State and Federal Low-Income Housing Tax Credits (LIHTC) • Federal Home Loan Bank’s Affordable Housing Program (AHP) • State and federal sources are consistently oversubscribed, construction costs continue to increase, and mortgage rates remain high
• A 2023 report by Enterprise Community Partners identified 433 affordable housing communities in predevelopment in the 9-county Bay Area collectively seeking $9.7 billion in public subsidy
20 Difficult To Develop Area Status
• Newark lost its Difficult to Develop Area (DDA) status in January 2025 • DDA is a federal designation that accounts for high construction, land and utility costs in relation to area median gross income. Projects in DDAs are eligible for increased tax credit equity and bond authority • SAHA has secured a DDA extension until December 2026
• If SAHA is not able to obtain outstanding financing by December 2026, it will be more challenging to finance the Project and stay on schedule
PROJECT
SITE
21 Affordable Housing Finance
PROJECT
SITE
Application
Deadline
Program Source $ Requested Notes
COMPLETE Newark NOFA City $12 million Committed
COMPLETE DDS/RCEB Loan State- DDS $1.5 million Committed April 15, 2025 Multifamily Housing Program (MHP) State- HCD $10.2 million Sept. 9, 2025 Federal LIHTCs/Bonds TCAC/CDLAC $20.9 million Contingent on MHP Sept. 9, 2025 State LIHTCS TCAC $3.5 million Contingent on MHP Mid-2025 Affordable Housing Program FHLB $1.8 million Post-Permitting Undetermined Project-Based Voucher (PBV) HACA 7 PBVs
• SAHA has made progress in this competitive environment • Significant funding applications are forthcoming
22 Affordable Housing Finance
PROJECT
SITE
• Governor Newsom’s administration is prioritizing public land for affordable housing
• Multiple affordable housing financing programs, including MHP, now allocate extra points to projects on public land
• The City can increase the Project’s likelihood of success with MHP and other applications by acquiring the Project Site and leasing it back to SAHA for a long-term and nominal cost
• The City’s ownership of the Project Site and long-term, low-cost lease to SAHA would increase the Project’s MHP score by three (3) points. 23 2025 MHP Self-Score
PROJECT
SITE
Universal Scoring Criteria
Scoring Categories
Maximum Possible Score
Thorton Avenue
Apartments
First
50% of funds
Second
50% of funds
City-Owned
Land
SAHA-Owned
Land
Serving Households at Lowest Income Levels 30 30 30 30
State Policy Priorities 18 13 12 9
Projects in “High/Highest Resource” areas 5 NA 0 0
% of Units Serving Special Needs 10 10 9 9
Projects on Public Land 3 3 3 0
Sponsor and Prop. Mgmt. Experience 20 20 20 20
Project Readiness 17 17 17 17
Adaptive Reuse / Infill / Proximity to Amenities
/ Sustainable Building Methods 10 10 10 10
Cost Containment 5 5 5 5
Total Possible Universal Points 100 95 94 91
24 First Amendment to Loan Agreement
• The First Amendment to the Agreement for the City’s loan accounts for the following:
• Increases the Project’s unit count from 57 to 59 homes • Revises the loan value and authorizes the City Manager to enter into various agreements to acquire the Project Site.
• Revises the Project’s financing plan to reflect a revised loan value of $8,570,623
25 First Amendment Components
Purchase and
Sale Agreement
City to acquire the Project Site for the same price
that SAHA originally paid in 2023 ($3,429,377).
All closing costs to be paid through the City’s loan
Lease Option
Agreement
Provides SAHA the right to lease the Project Site
from City for 99 years at $1/year
Option term extends until June 30, 2027, with two
one- (1) year extensions at City’s discretion
Memorandum of
Option
Agreement
To be recorded in the Official Records memorializing
the Lease Option Agreement
26 First Amendment Components
Amended and
Restated
Promissory Note
Reduces principal balance of Predevelopment Loan
Component to account for City’s acquisition of the
Project Site and re-secures City’s loan
Short-Term Lease
Agreement
Extends for the duration of the Option Term. Assigns
Thornton L.P. with responsibility for operating,
maintaining, and securing site for duration of the
Option Term. Not subject to the Surplus Land Act
Reconveyance of
Deed of Trust
Remove’s City’s Deed of Trust once City acquires
Project Site. A new Deed of Trust will be recorded
when the long-term ground lease is executed
27 First Amendment Components
Termination of
Regulatory
Agreement
The City will release the current Regulatory
Agreement and record a new one against the
Project Site once the long-term Ground Lease is
executed.
28 Surplus Land Act
• Leases of public land for longer than 15 years are subject to the Surplus Land Act (California Government Code 54200, et seq)
• Prior to disposing of public land, local agencies must determine whether the land is “surplus land” or “exempt surplus” land
• A long-term lease to SAHA for development of affordable housing qualifies as “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(F)
29 Next Steps
1. In March the City Manager will finalize all terms and conditions and enter into the First Amendment. City staff will notify HCD of City Council’s determination that the Project Site is exempt surplus land.
2. By the end of March, the City will complete acquisition of the Project Site and enter into the Lease Option Agreement with SAHA.
3. In March City Staff will present the Proposed Project to the Planning Commission for entitlement approval and subsequently to City Council for alternative means of compliance approval.
4. By April 15, SAHA will apply for HCD’s MHP program
30 Staff Recommendation
Staff recommends that the City Council adopt a resolution to amend the Affordable Housing Loan Agreement, inclusive of authorizing the City Manager to:
1. Enter into a Purchase and Sale Agreement with Thornton L.P. to acquire the Project Site
2. Enter into a Lease Option Agreement with Thornton L.P.
3. Execute an Amended and Restated Promissory Note
4. Enter into a Short-Term Lease Agreement with Thornton L.P.
5. Execute a Reconveyance of Deed of Trust
6. Terminate the Regulatory Agreement for the Project Site Staff also recommends adopting a resolution declaring the Project Site exempt surplus land and declaring the City’s intention to lease it to Thornton L.P. in compliance with the California Surplus Land Act. 31 Q & A
Staff welcomes questions from Council
32 Item F. 2.
DATE 02/27/2025
TO Honorable Mayor and City Council Members
FROM Oscar Carrillo, Community Preservation Manager
SUBJECT Community Preservation Presentation
The Community Preservation Division is responsible for enforcing the provisions of the Newark Municipal Code. Its mission is to ensure compliance through intervention, education, and enforcement. Community Preservation is committed to partnering with the community to uphold neighborhood property maintenance standards, preserve property values, and foster a healthy, aesthetically pleasing community to live, work, and play.
Staff will present an overview of Community Preservation's work, emphasizing its process, jurisdiction, and key challenges. They will also highlight recent accomplishments and service improvements and provide a preview of upcoming initiatives.
Attachments
Presentation
Community Preservation
Overview and Update
Community Development Department
February 27, 2025
Oscar Carrillo – Community Preservation Manager
Overview • Mission • Team • Our Work • Process • Accomplishments • Planned Initiatives • Q & A 2 Mission Statement
The Community Preservation Division is
responsible for enforcing the provisions of the
Newark Municipal Code. To fulfill this duty, we
ensure compliance through intervention,
education, and enforcement. We are
committed to partnering with the community
to uphold neighborhood property maintenance
standards, with the goal of preserving property
values and fostering a healthy, aesthetically
pleasing community to live, work, and play.
3 Our Team
4 Oscar Carrillo
Community
Preservation
Manager
Patricia Montejano
Community
Preservation
Specialist
Shama Khan
Community
Preservation
Specialist
What We Do
We enforce various Newark
Municipal Codes that
regulate private property. • Blight • Land Use • Substandard Housing • Unpermitted Construction
5 Who We Serve
6 Reporting
Party
Resident
Tenant
Visitor
City Staff
Outside
Agency
Responsible
Party
Property
Owner
Attorney
Business
Owner
Property
Manager
Contractor
Architect
They are both equally important
Process • Intake • Investigation • Education • Noticing • Enforcement • Resolution 7 Intake and Investigation
8 Intake
Online
TextMyGov
Phone
Email
Walk-in
Investigation
Inspection
Research
Interviews
Mailings
Assessment
Each report is reviewed by
staff. It is assigned to staff if
it falls under our purview or
is referred to the
appropriate department.
www.newark.org/departments/community
-development/community-preservation
510.578.4330
[email protected]
Enforcement Overview
9 Case
Opened
Initial
Inspection
Warning
Notice
or
Notice
of
Violation
Compliance
Inspection
Citation
or
Notice
to
Abate
Abatement
and
Administrative
Penalty
Hearing
NMC 1.16 NMC 7.16
Findings
and
Order
*
Administrative
Penalties
Consult
City
Attorney
*
Legal
Remedies
Compliance
Compliance can be gained at any time during the process.
Throughout the case, staff is engaged with various customers and conducting administrative tasks.
Complexities
10 Responsible
Party
• Deceased
Owners
• Personal Issues
• Mental Health
Issues
• Financial Issues
Evidence
• 4th Amendment
• Right to Privacy
• Inspection
Warrant
Due Process
• Appeals
• Administrative
Remedies
• Abatements
• Other Legal
Considerations
Results
11 BEFORE
Results
12 AFTER
Accomplishments
13 Workflows and
Expectations Templates
Policies and
Procedures
Tobacco Retail
License
Training Performance
Measures
Templates and Workflows
14 Warning
Notice
Notice of
Violation
Notice of
Abatement Citation
Courtesy
Notice
Receive report
Contact
reporting party
Conduct
inspection Issue notice
Compliance
inspection
Issue citation Follow
procedures
Gain
compliance
Contact
reporting party
General Workflow
Policies and Procedures
15 Knock and Talk
Customer Service
Case Documentation
Case Closure
Complaint Processing
Tobacco Retail License (TRL)
16 October 2024:
City Council
adopted a TRL
ordinance
creating a
tobacco retail
licensing
program
November 2024:
Newark was
awarded a
Tobacco Grant
Program award
of $176,802 from
the California
Department of
Justice
February 2025:
Began outreach,
education and
enrollment of
tobacco retailers
in partnership
with Alameda
County Public
Health
Training
17 CACEO
Certification
Residential
Inspection
Fundamentals
Mold
Inspections
Practical Code
Enforcement
Operations
Performance Measures
18 0
50 100
150
200
250
300
350
400
450
500
2022 2023 2024
An action is any action
taken on a case, such as
a phone call, email,
inspection, research, or
any other activity.
It is important to track
actions on a case as they
act as a legal
chronological record of
everything that occurred
during the case.
Metrics
19 This chart shows the
number of open cases
compared to the number
of closed cases for 2024.
Our goal is to have the
number of closed cases
be the same as the
number of opened cases
to prevent a backlog.
0 10
20 30
40 50
60 70
2024 Open and Closed Cases
Opened Cases Closed Cases
Data and Analysis
20 This chart shows the
types of new cases in
2024 from a total of 570
new cases.
The top new case types
are:
1. Illegal construction
(257)
2. General conditions
(92)
3. Landscaping (86)
4. Storage, debris, and
garbage (56)
0 10
20 30
40 50
60 70
80 Jan Feb March April May June July Aug Sept Oct Nov Dec New Case Types
General Conditions Graffiti Illegal Construction Completed Illegal Construction in Progress Illegal Structure Illegal Use Landscaping Signage
Storage/Debris/Garbage Substandard Housing Unpermitted Site Vehicle Monthly New Case Total
Looking Ahead
21 Code Inspector Academy
Officer Safety
Municipal Code Updates
Proactive Rental Inspection Program Pilot
Service Delivery
Code Enforcement Academy
22 Code
Enforcement
101
Inspection
Protocols
Case
Management Report Writing
Ethics Search and
Seizure Research Zoning
Staff Safety
23 Situational Awareness
Body Language
De-escalation
Mental Health
Encampments
Meth Labs
Hoarding
Environmental Hazards
Municipal Code Updates
24 State of
Disrepair
Overgrown
Vegetation
PODs and
Storage
Containers
Mold and
Lead
Rental Inspection Pilot Program
25 Often, our vulnerable and underresourced communities are not aware of our services or their
rights to safe and healthy
housing or may be fearful of
retaliation for reporting
substandard housing conditions.
A proactive rental inspection
program can increase compliance
with housing regulations,
improve the quality of life for our
community, and protect our
resident’s health and safety.
Multiple-housing (MH) unit is defined as three independent living units within one building
185 MH properties were identified
Average year built: 1967
1529 total units
16% of units consist of 3-plexes
10% of units consist of 4-plexes
Next steps: Assess complaint and permit histories for older buildings
Use this data to identify an appropriate pilot program area Service Delivery
26 Existing
Programs
New
Programs
27 Questions & Answers
Thank You
Item F. 3.
DATE 02/27/2025
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT Adopt a resolution to appoint Corazon Dino as an Interim Human Resources Director pursuant to Government Code section 21221(h) SUMMARY AND RECOMMENDATION
The City has a vacant Human Resources Director position. Corazon Dino, a CalPERS retired annuitant that has served as human resources director for a number of agencies, is available for post-retirement employment as Interim Human Resources Director while a recruitment takes place. Staff recommends that the City Council adopt a resolution to appoint Corazon Dino as an Interim Human Resources Director pursuant to Government Code section 21221(h)
BACKGROUND
The City's Human Resources Director position has been vacant since November 20, 2024. In response to the vacancy, the City contacted recruiting firms to lead a recruitment for the City's next Human Resources Director. Based on availability, cost, and expertise, staff selected and entered into an agreement with Municipal Resource Group (MRG) as the recruiting firm. Liz Brown, an experienced former Human Resources Director, will lead the recruitment. The City has opened a recruitment and staff anticipate that the recruitment will take approximately five months with the final pre-employment process and hire of the new Human Resources Director occurring by summer 2025.
DISCUSSION/ANALYSIS
Under Government Code section 21221(h), California Public Employees Retirement System (PERS) benefit recipients can work up to 960 hours per fiscal year as an interim serving in a vacant position during recruitment for a permanent appointment.
The City Council must determine that the position requires specialized skills.
Additionally, state law requires that the City be engaged in a recruitment at the time of the interim appointment and a retired annuitant can only serve in this capacity once.
City Council approval must occur at a public meeting and cannot be a consent calendar item.
Corazon Dino is a PERS retiree with over 15 years of Human Resources Director experience, including extensive labor relations expertise. Ms. Dino served as Director in the cities of Belmont and San Bruno and with Peninsula Clean Energy, and has a Master of Public Administration degree. Benefit recipients must wait 180 days before they are eligible for post-retirement employment. Ms. Dino retired from PERS on July 1, 2024. Ms. Dino's appointment date of January 6, 2025 occurred after the required 180-day waiting period.
The Human Resources Director is a critical position that provides broad policy direction for the activities of the Human Resources Department; advises the City Manager on matters pertaining to departmental programs and labor issues; and participates as a member of the City's Executive Team in the consideration of general City policies, programs, and concerns.
Hiring Ms. Dino for an interim period allows the City to continue to effectively provide human resources services by filling a critically needed position. As Interim Human Resources Director, Ms. Dino will provide strategic leadership, oversight, and direction to the Human Resources team and throughout the City. This will allow the Human Resources Department team to continue to function with minimal or no disruption.
Post-retirement employment results in a cost savings to the City, as PERS annuitants are ineligible for benefits beyond base hourly pay. A Personnel Action Request form to appoint Ms. Dino to the Interim Human Resources Director position has been completed and is attached for the City Council's consideration.
FISCAL IMPACT
There is sufficient budget in FY 2025 to hire Corazon Dino as a retired annuitant Interim Human Resources Director. Because state law prohibits Ms. Dino, as a retired annuitant, from receiving benefits beyond base hourly compensation, there is a cost savings to the City.
REVIEW AND APPROVAL
Prepared 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 Interim Human Resources Director
Appointment Request Interim Human Resources Director
Human Resources Director Job Description
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWARK APPOINTING CORAZON DINO AS AN
INTERIM HUMAN RESOURCES DIRECTOR
PURSUANT TO GOVERNMENT CODE SECTION
21221(H)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council of the City of Newark desires to appoint Corazon Dino as an interim appointment retired annuitant to the vacant position of Human Resources Director for the City of Newark under Government Code section 21221(h), effective January 6, 2025; and
WHEREAS, the City Council of the City of Newark, the City of Newark, and Corazon Dino certify that Corazon Dino has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Government Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment on November 21, 2024; and
WHEREAS, this Government Code section 21221(h) appointment shall only be made once and therefore will end on December 1, 2025 or the date prior to the start date of a permanent Human Resources Director, whichever comes first; and WHEREAS, the appointment document between Corazon Dino and the City of Newark has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum monthly base salary for this position is $23,022.83 and the hourly equivalent is $132.82, and the minimum base salary for this position is $19,185.69 and the hourly equivalent is $110.69; and
Resolution No. Page No. 2
WHEREAS, the hourly rate paid to Corazon Dino will be $130.00; and WHEREAS, Corazon Dino has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of Newark hereby certifies the nature of the employment of Corazon Dino as described herein and detailed in the attached employment agreement and that this appointment is necessary to fill the critically needed position of Interim Human Resources Director for the City of Newark by January 6, 2025 because the position is needed to provide broad policy direction for the activities of the Human Resources Department; advise the City Manager on matters pertaining to departmental programs and labor relations; and participate as a member of the City's Executive Team in the consideration of general City policies, programs, and concerns.
Human Resources Director class specification Page 1 of 3 Human Resources Director
Class Specification
Revised 9/23
Class ID: 410
Unit: MGMT
Probation: At-Will
FLSA: Exempt
DEFINITION
Under administrative direction, directs activities and operations of the Human Resources Department including recruitment and selection, classification and compensation, benefits administration, workers’ compensation and safety, training and development, and employee/labor relations; provides professional assistance to City management staff in areas of responsibility and expertise; participates as a member of the City’s Executive Management Team in the consideration of general City policies, programs and concerns; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Assistant City Manager or City Manager. Exercises direct supervision over Human Resources professional, paraprofessional, and administrative staff.
DISTINGUISHING CHARACTERISTICS
This is an executive level, at-will department director classification. The position serves as the City’s Risk Manager and oversees, directs, and participates in all activities of the Human Resources Department, including short- and long-term planning, development and administration of departmental policies, procedures, and services. The incumbent is accountable for accomplishing program planning and operational goals and objectives for the department, and furthering City goals and objectives within general policy guidelines.
EXAMPLES OF JOB FUNCTIONS (Illustrative Only)
Develop and direct the implementation of goals, objectives, policies, procedures and work standards for the Human Resources Department; develop, implement, interpret, and maintain personnel and administrative policies and procedures; ensure compliance with legislative, regulatory and judicial mandates, regulations and current professional best practices; coordinate human resource major policy issues and strategies with the Assistant City Manager or City Manager.
Plan, organize, administer, review, and evaluate the activities of subordinate professional, technical, and administrative staff. Select, supervise, train, and evaluate staff; work with employees on performance issues; implement discipline and termination procedures.
Direct the implementation and administration of programs and activities related to recruitment and selection, classification and compensation, benefits and leave administration, performance evaluation, and training; direct the maintenance of centralized personnel records; and direct the preparation and administration of the department's budget.
Administer the City’s risk management program, including examination of general liability claims, participation on boards and committees, making recommendations and overseeing activities for claim mitigation and prevention, and budgeting and disbursement of funds.
Human Resources Director class specification Page 2 of 3 Represent the City in matters concerning bargaining units; serve on the City negotiating team during meet and confer sessions with various employee organizations.
Participate in employee and labor relations activities including interpretation of labor agreements, resolution of grievances, management of disciplinary processes and investigations, and formulation of policies and strategies; mediate operational and personnel conflicts; provide employee counseling and recommend employee discipline; confer with City management regarding major personnel and employee relations activities or issues; advise and consult with the Assistant City Manager or City Manager, department heads, employee representatives, and others on matters related to policy interpretation, discipline, grievances, and other personnel matters.
Direct the workers’ compensation program; serve as the City’s Safety Coordinator responsible for compliance with laws related to employee injury and illness prevention; oversee the City's wellness program.
Develop and oversee implementation of systems to encourage productive and exceptional performance; identify needs and develop training related to employee development, service enhancements, safety and risk management, and compliance with legally mandated programs.
Administer special programs for City employees such as service awards, new employee orientation programs, employee engagement and recognition, and social events.
Direct or perform analytical studies; develop and review reports of findings, alternatives, and recommendations; direct the preparation of a variety of periodic and special reports regarding departmental activities.
Make presentations before the City Council and participate on various city management committees; represent the City in meetings with representatives of governmental agencies, professional and business organizations, employee organizations, and the public.
Monitor developments and legislation related to human resources matters; evaluate their impact upon City operations and recommend and implement policy and procedural improvements.
Perform related duties as assigned.
QUALIFICATIONS
Knowledge of:
• Principles, practices, and techniques of personnel administration, including recruitment and selection, classification and compensation, workers’ compensation and safety, benefits and leave administration, and employee training and development. • Principles and practices of labor relations, including negotiating techniques and grievance handling.
• Principles and practices of supervision, management, and training. • Administrative principles and methods, including goal setting, program and budget development and implementation and employee supervision. • Applicable Federal and State laws and regulations.
• Current computer applications and office equipment.
Skill or Ability to:
• Select, train, motivate and evaluate assigned staff.
• Plan, organize, administer, review, and evaluate personnel, employee development and labor relations activities and operations.
Human Resources Director class specification Page 3 of 3 • Develop, implement, and interpret goals, objectives, policies, procedures, work standards and internal controls.
• Analyze complex problems, evaluate alternatives, and make creative recommendations. • Provide staff support in complex, sensitive, or difficult human resources issues. • requiring a high level of independent judgment, strong analytical skills, strong • interpersonal skills, and creativity.
• Negotiate labor contracts and other dispute resolution agreements. • Exercise sound independent judgment within general policy guidelines. • Establish and maintain effective working relationships with those contacted in the course of work.
• Represent the City effectively in meeting with others. • Present ideas effectively orally and in writing; prepare clear, concise, and complete reports, correspondence, and other written materials.
• Operate current office equipment including computers and specialized software applications. • Respectfully and effectively collaborate with a variety of people of varying backgrounds and roles. Demonstrate tact, professionalism, and diplomacy.
Education and Experience:
Any combination of education and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Possession of a Bachelor’s degree from an accredited college or university in public administration, human resources, industrial psychology, or a closely related field, and seven (7) years of progressively responsible experience in various areas of personnel administration, including labor relations including three (3) years of supervisory experience. A Master’s degree is desirable.
License and Certificate:
Possession of a valid driver license and a satisfactory driving record throughout employment.
PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer, and to operate a motor vehicle to visit 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. 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 frequently sit for prolonged periods of time, 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 25 pounds with the use of proper equipment.
ENVIRONMENTAL CONDITIONS
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
Item H. 1.
DATE 02/27/2025
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT Adopt a resolution approving the Mayor's appointments to the Planning Commission and Measure GG Tax Oversight Committee The Planning Commission reviews and takes action on certain planning applications and makes recommendations to the City Council on land use issues. Meetings are on the 2nd and 4th Tuesday of each month beginning at 7:00 p.m. There is one vacancy (Julie Del Catancio) for a term that expires on December 31, 2027.
The Measure GG Tax Oversight Committee reviews expenditures of the revenue from the Measure GG Transactions and Use Tax. The Committee submits a written report to the City Council on an annual basis. Meetings are held annually and are called by the Finance Director. There are two vacancies (Elizabeth Macris and Jacinta Arteaga) for terms that expire on April 12, 2026.
The City Clerk advertised the vacancies and applications were received from:
Planning Commission Measure GG
Olga Borjon Hemant Malhotra
Jason Miguel Jason Miguel (separate
application submitted)
Daniel Cardenas
Darshpal Dhillon
Taranjit Singh Gujral
Lucia Gutierrez
Vinod Kumar
Geminiano "Jim" A. Lola
Some of the Planning Commission applicants indicated that they would consider serving on other committees, so they may be considered for the Measure GG appointment too. The applicants have been interviewed and Mayor Hannon will announce his selections at the City Council Meeting to fill the unexpired terms. announce his selections at the City Council Meeting to fill the unexpired terms.
It is recommended that the City Council adopt a resolution approving the appointments to the Planning Commission and Measure GG Tax Oversight Committees.
Attachments
Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPROVING THE MAYOR’S APPOINTMENTS TO
TO THE PLANNING COMMISSION AND THE MEASURE GG
TAX OVERSIGHT COMMITTEE
WHEREAS, Planning Commissioner Julie Del Catancio, Measure GG Committee Members Elizabeth Macris and Jacinta Arteaga each submitted resignations from their respective commission/committee appointments; and
WHEREAS, the City Clerk advertised the vacancies and received applications from:
Hemant Malhotra, Jason Miguel, Olga Borjon, Daniel Cardenas, Darshpal Dhillon, Taranjit Singh Gujral, Lucia Gutierrez, Vinod Kumar, and Geminiano “Jim” Lola; and WHEREAS, the Mayor of the City of Newark has considered the applications; and WHEREAS, the Mayor of the City of Newark has appointed
to said position on the Planning Commission for a term expiring December 31, 2027; WHEREAS, the Mayor of the City of Newark has appointed
and to said position on the Measure GG Tax Oversight Committee for terms expiring April 12, 2026;
NOW, THEREFORE, BE IT RESOLVED that said appointments are hereby approved by the City Council of the City of Newark.
Item I. 1.
DATE 02/27/2025
TO Honorable Mayor and City Council Members
FROM Cora Dino, Interim Human Resources Director
SUBJECT Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6.
Agency designated representatives: Assistant City Manager Hovorka, Interim Human Resources Director Dino, and Special Counsel Jesse Lad
Employee Organization: The Newark Police Association
Agency designated representatives: Assistant City Manager Hovorka, and Interim Human Resources Director Dino
Employee Organizations: The Newark Police Management
Association and the Newark Association of Miscellaneous Employees
Unrepresented Employees: Employees subject to the
Compensation and Benefit Plan for the Confidential Employee Group
Agency designated representative: Interim Human Resources Director Dino
Unrepresented Employees: Employees subject to the
Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group