CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Agenda
Tuesday, January 18, 2022 7:00 PM
Virtual: Zoom Platform
CITY COUNCIL
and
HAYWARD GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD
January 18, 2022City Council Agenda
CONCURRENT GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD AND
CITY COUNCIL MEETING
COVID-19 Notice: Consistent with Assembly Bill 361/Government Code section 54953(e), the City Council meeting includes teleconference participation by all members.
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2. Live stream https://hayward.legistar.com/Calendar.aspx
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January 18, 2022City Council Agenda
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
BOARD OF DIRECTORS MEETING
CALL TO ORDER: Mayor/GHAD Chair Halliday
Pledge of Allegiance: Mayor/GHAD Chair Halliday
ROLL CALL
PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the GHAD Board on items not listed on the agenda. As the GHAD Board is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to GHAD staff.
CONSENT
Approve the Hayward Geologic Hazard Abatement District
Board Minutes of the Meeting on November 16, 2021
MIN 22-0071.
Attachments: Attachment I Draft Minutes of 11/16/2021
Adopt a Resolution to Declare the GHAD’s Intent to Order an Assessment for the Hayward SoMi Development and Set a
Public Hearing 45 Days After Written Notice is Provided to Consider the Proposed Assessment and Any Protests Thereto CONS 22-0452.
Attachments: Attachment I Staff Report
Attachment II GHAD Resoltuion
Attachment 1 Engineer's Report
Attachment 2 Legal Description and Plat
Attachment 3 Notice of Adoption and Assessment
Attachment 4 Ballot
GHAD Manager's Report
An oral report from the GHAD Manager on ongoing activities, events, or other items of general interest to the GHAD and the public, if any.
GHAD Boardmembers’ Reports, Referral, and Future Agenda Items Oral reports from GHAD Boardmembers on their activities, referrals to GHAD staff, and suggestions for future agenda items, if any.
Next Meeting: No future meetings are scheduled. All future meetings will be noticed.
January 18, 2022City Council Agenda
The Hayward Geologic Hazard Abatement District Board of Directors Adjourns and Reconvenes into the Meeting of the City Council.
January 18, 2022City Council Agenda
CITY COUNCIL MEETING
CLOSED SESSION ANNOUNCEMENTS
December 20, 2021
January 18, 2022
PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information Items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.
CONSENT
Approve the City Council Minutes of the City Council Meeting on December 7, 2021
MIN 22-0011.
Attachments: Attachment I Draft Minutes of 12/7/2021
Approve the City Council Minutes of the Special City Council Meeting on December 14, 2021
MIN 22-0022.
Attachments: Attachment I Draft Minutes of 12/14/2021
Adopt a Resolution Accepting the Resignation of Ms. Varsha Chauhan from the Community Services Commission, Effective Immediately
CONS 22-0393.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
January 18, 2022City Council Agenda
Adopt a Resolution Appointing Ms. Hazel De Leon to the
Community Services Commission to Fulfill the Unexpired Term of Ms. Varsha Chauhan
CONS 22-0404.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold
Continued Teleconferenced Public Meetings Pursuant to AB 361
CONS 22-0445.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $242,865 in Grant Funding from the Federal
Emergency Management Agency for the Creation of Defensible Space in the Hayward Hills Project
CONS 22-0016.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Fire Safety Mailer
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with HydroScience Engineers, Inc., Increasing Project Design and Engineering Services for the Sewer and Water Line
Improvements Project by $175,000 for a Total Not-to-Exceed Contract Amount of $1,642,865
CONS 22-0107.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for
Materials Testing and Special Inspection Services with
Consolidated Engineering Laboratories for the Fire Station 6 and Fire Training Center Project by $450,000 for a
Not-to-Exceed Amount of $1,125,000
CONS 22-0178.
Attachments: Attachment I Staff Report
Attachment II Resolution
January 18, 2022City Council Agenda
Adopt a Resolution Authorizing the Sole Source Purchase of Specialized Laboratory Equipment for Use at the Water and Wastewater Laboratory at the Water Pollution Control Facility in an Amount Not-to-Exceed $90,000
CONS 22-0189.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Cooperative Procurement Contract with Dell Technologies for Microsoft Software, Subscriptions, and Services for a Three-Year Contract in an Amount Not-to-Exceed $328,114.40 Annually, for a Total Contract Amount of
$984,343.21
CONS 22-02410.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $238,130.94 from the Federal Communications Commission Emergency Connectivity Fund to Purchase Eligible Equipment and Services
CONS 22-03311.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $15,000 from the Kaiser Foundation Health Plan Inc. to Support the Purchase of a Lactation Pod for the Downtown Library
CONS 22-03412.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Two Resolutions: 1) Authorizing the City Manager to Continue Exclusive Negotiations with Waste Management of Alameda County for a New Solid Waste and Recycling
Franchise Agreement until June 30, 2022; and 2) Authorizing the City Manager to Extend the Current Franchise Agreement with Waste Management of Alameda County by One Year to
Expire March 1, 2023
CONS 22-02113.
Attachments: Attachment I Staff Report
Attachment II Resolution Extending Current Agreement
Attachment III Resolution Extending Negotiation Period
January 18, 2022City Council Agenda
Adopt a Resolution: 1) Authorizing the City Manager to Accept and Appropriate $5,236 in Private Community Donations for the Hayward Navigation Center; and 2) Amend the Professional Services Agreement with Bay Area Community Services to
Increase the Hayward Navigation Center Contract Amount by $5,236 for a Not-to-Exceed Amount of $2,453,356 to Provide Additional Flexible Funds for Hayward Navigation Center Residents
CONS 22-03814.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the Safe Routes for Seniors Project CONS 22-02215.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Rejecting All Bids, Approving Addendum No. 1 and Revised Plans and Specifications, and Calling for Bids for the Mission Boulevard Linear Park Project, Project No. 05288
CONS 22-01616.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Opposing the California Public Utilities Commission’s Proposed Decision Threatening Net Energy
Metering and Supporting a Net Energy Metering Policy that Continues the Growth of Local and Rooftop Solar
CONS 22-04817.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Memorandum of
Understanding between the City of Hayward and the Hayward Association of Management Employees and Authorizing Staff to Execute the Agreement
CONS 22-04918.
Attachments: Attachment I Staff Report
Attachment II Resolution
January 18, 2022City Council Agenda
Adopt a Resolution Approving the Memorandum of
Understanding between the City of Hayward and the Service Employees International Union, Local 1021 and Authorizing Staff to Execute the Agreement
CONS 22-05019.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving Annexation of the Hayward
SoMi (Tracts 8502 and 8614) into the Hayward Geologic
Hazard Abatement District
CONS 22-05320.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Attachment 1 to Resolution
PUBLIC HEARING
Appeal of Planning Commission Denial to Develop a New
Approximately 116,844 Square Foot Industrial Building for U-Haul at 4150 Point Eden Way (Assessor Parcel Number
461-0085-020-02) Requiring Approval of Site Plan Review and Historic Resources Demolition Permit Application No.
201901039 Including Certification of an Environmental Impact Report, Adoption of a Statement of Overriding Considerations, and Approval of a Mitigation, Monitoring and Reporting
Program. Jerry Owen on Behalf of U-Haul; Amerco Real Estate Co. (Applicant/Property Owner) *** Item continued to
2/15/2022 at the request of applicant ***
PH 22-00121.
LEGISLATIVE BUSINESS
Legislative Program: Adopt a Resolution Updating the City of Hayward’s Legislative Program (Report from City Manager McAdoo)
LB 21-05322.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Updated City of Hayward Legislative Program
January 18, 2022City Council Agenda
INFORMATIONAL ITEM
Information items are presented as general information for Council and the public, and are not presented for discussion. Should Council wish to discuss or take action on any of the "information” items, they will direct the City Manager to bring them back at the next Council agenda as an Action Item.
Informational Report Regarding Hayward Water BillsRPT 22-00123.
Attachments: Attachment I Staff Report
Attachment II Bill Redesign
Attachment III Current Bill
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
ADJOURNMENT
NEXT MEETING, January 25, 2022, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their remarks to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time. Speaker Cards are available from the City Clerk at the meeting.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
January 18, 2022City Council Agenda
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the website and on Cable Channel 15, KHRT. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or TDD (510) 247-3340.
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-007
DATE: January 18, 2022
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager
SUBJECT
Approve the Hayward Geologic Hazard Abatement District Board Minutes of the Meeting on November 16, 2021
RECOMMENDATION
That the Hayward Geologic Hazard Abatement District Board approves the GHAD Board meeting minutes of November 16, 2021.
SUMMARY
The Hayward Geologic Hazard Abatement District Board held a meeting on November 16, 2021.
ATTACHMENTS
Attachment I Draft Minutes of November 16, 2021
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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MINUTES OF JOINT CITY COUNCIL/HAYWARD GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD MEETING
OF THE CITY OF HAYWARD
Council Chambers
777 B Street, Hayward, CA 94541
Tuesday, November 16, 2021
The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Halliday at 6:30 p.m.
ROLL CALL
Present: BOARD MEMBERS Andrews, Márquez, Lamnin, Salinas, Wahab, Zermeño and Chair Halliday
Absent: None
PUBLIC COMMENT
None.
CONSENT CALENDAR
1. Approve the GHAD Minutes of the Board Meeting of May 25, 2021 and approve the GHAD Minutes of the Board Meeting of October 26, 2021. It was moved by Board member Halliday and seconded by Lamnin to approve the minutes; the motion carried unanimously (7-0- 0).
PUBLIC HEARING
2. GHAD Manager Eric Harrell provided the staff report regarding the Petition for Annexation by Hayward SoMi, LLC for the Hayward SoMi Development ("Development") into the Hayward GHAD. Mr. Harrell explained that Hayward SoMi, LLC will be the third development to be annexed into the GHAD, following The Reserve and Hideaway developments.
Mr. Harrell further explained that the Board was being asked to approve the Draft Plan of Control ("Draft POC") for the Development. Since the Board's meeting on October 26, 2021 at which the Draft POC was initially presented and today's Board meeting, there have been two changes to the Draft POC: 1) to provide more information on the definition of a wetland feature within the Development and the maintenance requirements of the wetland feature; and 2) to clarify that the GHAD will own property within the Development.
There were no public comments on this item.
It was moved by Board member Salinas and seconded by Board member Zermeño to approve the annexation of the Hayward SoMi Development into the Hayward GHAD and to approve the Draft Plan of Control; the motion carried unanimously (7-0-0).
GHAD MANAGER REPORT
3. The GHAD Manager reported that all the fall maintenance activities have been completed and the GHAD properties should be in fine shape for the upcoming winter months.
GHAD BOARD MEMBERS’ REPORTS, REFERRAL, AND FUTURE AGENDA ITEMS
4. Chair Halliday complimented the GHAD Manager on the GHAD informational mailer which was sent out to residents (owner and renters) within the GHAD during the summer. Mr.
Harrell reported that the GHAD Manager's office had not received any questions or comments as a result of the mailer.
ADJOURNMENT
GHAD Board Chair Halliday adjourned the meeting at 6:40 pm.
APPROVED:
Barbara Halliday, Board Chair,
Hayward Geologic Hazard Abatement District
ATTEST:
Patricia E. Curtin, Clerk,
Hayward Geologic Hazard Abatement District
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-045
DATE: January 18, 2022
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager and GHAD Attorney
SUBJECT
Adopt a Resolution to Declare the GHAD’s Intent to Order an Assessment for the Hayward SoMi Development and Set a Public Hearing 45 Days After Written Notice is Provided to Consider the Proposed Assessment and Any Protests Thereto
RECOMMENDATION
Adopt the attached Resolution No. 22-01 to do the following: (a) Approve Hayward SoMi Development Engineer’s Report; (b) Declare the GHAD’s intent to order an assessment for the Hayward SoMi Development; and (c) Set a public hearing date 45 days after notice is provided to consider the proposed assessment and any protests thereto.
SUMMARY
In approving the 189 residential unit development that includes 123 townhomes and 66 condominiums referred to as Hayward SoMi Development (Tracts 8502 and 8614) (“Hayward SoMi Development”), the City of Hayward adopted Resolution 19-202, Infill Checklist Item No. 48, requiring the Hayward SoMi Development be annexed into the existing Hayward Geologic Hazard Abatement District (“GHAD”). With the approval of Resolution No. 21-03, the GHAD Board of Directors (“GHAD Board”) approved annexation of the Hayward SoMi Development into the Hayward GHAD and approved the Plan of Control. To secure a funding source for the Hayward SoMi Development, an Engineer’sReport has been prepared to identify the funding of the GHAD -maintained improvements identified in the Plan of Control. The Engineer’sReport recommends an assessment limit of $567.00 per each townhome residential unit and $454.00 per each condominium residential unit (Fiscal Year 2021/22 dollars).
ATTACHMENTS
Attachment I GHAD Staff Report
Attachment II GHAD Resolution
Attachment 1 Engineer’s Report
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-045
Attachment 2 Legal Description and Plat
Attachment 3 Notice of Adoption of Resolution and Notice of Assessment Attachment 4 Ballot
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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17479.000.000
January 6, 2022
HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
TO: Hayward GHAD Board of Directors
FROM: GHAD Manager
GHAD Attorney
BOARD MEETING DATE: January 18, 2022
SUBJECT: Resolution to Declare the GHAD’s Intent to Order an Assessment for the Hayward SoMi Development and
Set a Public Hearing 45 days after Written Notice is
Provided to Consider the Proposed Assessment and any
Protests thereto.
RECOMMENDATION(S):
1. ADOPT the attached Resolution No. 22-01 to do the following:
(a) APPROVE Hayward SoMi Development Engineer’s Report; (b) DECLARE the GHAD’s intent to order an assessment for the Hayward SoMi Development; and
(c) SET a public hearing date 45 days after notice is provided to consider the proposed assessment and any protests thereto.
SUMMARY:
In approving the 189 residential unit development that includes 123 townhomes and 66 condominiums referred to as Hayward SoMi Development (Tracts 8502 and 8614) (“Hayward SoMi Development”), the City of Hayward adopted Resolution 19-202, Infill Checklist Item No. 48, requiring the Hayward SoMi Development be annexed into the existing Hayward Geologic Hazard Abatement District (“GHAD”). With the approval of Resolution No. 21-03, the GHAD Board of Directors (“GHAD Board”) approved annexation of the Hayward SoMi Development into the Hayward GHAD and approved the Plan of Control. To secure a funding source for the Hayward SoMi Development, an Engineer’s Report has been prepared to identify the funding of the GHAD-maintained improvements identified in the Plan of Control. The Engineer’s Report recommends an assessment limit of $567.00 per each townhome residential unit and $454.00 per each condominium residential unit (Fiscal Year 2021/22 dollars).
BACKGROUND AND DISCUSSION:
On March 1, 2016, the Hayward City Council adopted Resolution No. 16-030 approving the formation of the Hayward GHAD and appointed itself to serve as the GHAD Board of Directors. 17479.000.000
January 6, 2022
On November 16, 2021, the GHAD Board of Directors held a public hearing on the proposed annexation of the Hayward SoMi Development into the Hayward GHAD, and adopted Resolution 21-03 approving the annexation of the Hayward SoMi Development into the Hayward GHAD and accepting the Hayward SoMi Development Plan of Control.
A funding source has been secured for The Reserve (formerly La Vista) and The Hideaway (formerly Ersted Property) developments within the Hayward GHAD and it is now appropriate to secure a funding source for the Hayward SoMi Development annexation. Like The Reserve and The Hideaway developments, the funding source is a real property assessment on the residential properties within the Hayward SoMi Development. This assessment for the 189 townhome and condominium residential units within the Hayward SoMi Development is proposed to be imposed at the time building permits are issued for the residential units. The assessment is proposed to maintain the improvements in the Hayward SoMi Development Plan of Control previously approved by the GHAD Board on November 16, 2021 (Resolution No. 21- 03).
The proposed assessment is supported by the attached Engineer’s Report prepared by a registered professional engineer certified by the State of California, in accordance with Proposition 218 (attached as Attachment 1 to Resolution No. 22-01). The Engineer’s Report recommends an assessment limit of $567.00 per each townhome residential unit and $454.00 per each condominium residential unit (Fiscal Year 2021/22 dollars). The annual assessment limit would be adjusted annually based on the San Francisco-Oakland-Hayward Consumer Price Index (CPI). The proposed assessment does not impact or change the existing assessments for The Reserve (formerly La Vista) and The Hideaway (formerly Ersted Property) landowners in the GHAD.
To allow the GHAD Board to consider approval of the proposed assessment, the property owner of the Hayward SoMi Development will be provided with a copy of the Engineer’s Report, a Notice of Intent to Order an Assessment, and a ballot (Resolution 22-01) following this meeting.
FISCAL IMPACT:
The developer is responsible for funding all activities undertaken by the GHAD up and until the GHAD Improvements, as defined in the Plan of Control, are accepted by the GHAD. Thereafter, the GHAD is funded 100% through assessments levied on properties within the Hayward GHAD. Therefore, there is no impact on the City’s General Fund.
NEXT STEPS:
1. On March 15, 2022, the GHAD Board shall consider all protests against the proposed assessment. At the GHAD Board hearing, the GHAD Board shall not impose the assessment if there is a majority protest. If there is no majority protest, the GHAD Board shall authorize the assessment.
Prepared by: The GHAD Manager and GHAD Attorney
Recommended by: GHAD Manager
17479.000.000
January 6, 2022
ATTACHMENTS:
A. Resolution No. 22-01
ATTACHMENT II
THE BOARD OF DIRECTORS OF HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
RESOLUTION NO. 22-01
RESOLUTION DECLARING THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT’S INTENT TO ORDER THE ASSESSMENT SET FORTH IN THE ENGINEER’S REPORT DATED JANUARY 6, 2022 AND SET A PUBLIC HEARING FOR MARCH 15, 2022 TO CONSIDER THE PROPOSED ASSESSMENT AND ANY OBJECTIONS THERETO.
WHEREAS, on March 1, 2016, the Hayward City Council approved Resolution No. 16-030 ordering the formation of the Hayward Geologic Hazard Abatement District and appointed itself to serve as the Hayward Geologic Hazard Abatement District Board of Directors; and
WHEREAS, on October 26, 2021, the GHAD Board accepted a petition from Hayward SoMi, LLC requesting annexation of Hayward SoMi Development into the GHAD; and
WHEREAS, on November 16, 2021, the GHAD Board held a public hearing on the proposed annexation and Hayward SoMi Development Plan of Control (“Plan of Control”) and thereafter adopted Resolution 21-03 approving the annexation and adopting the Plan of Control; and
WHEREAS, in order to pay for costs and expenses of maintaining and operating the GHAD improvements as set forth in the Plan of Control, a funding source must be established; and
WHEREAS, an Engineer’s Report has been prepared to support a real property assessment against the 189 residential units at a Fiscal Year 2021/22 level of $567.00 per each townhome unit and $454.00 per each condominium unit for GHAD services and is attached as Attachment 1;
WHEREAS, Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements.
Article XIII(D) of the California Constitution imposes additional requirements for the levy and collection of said assessment;
WHEREAS, the Engineer’s Report was prepared by the GHAD Manager to reflect the Plan of Control adopted by the GHAD Board on November 16, 2021, the GHAD Manager being a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 26651(a) and section 4(b) of Article XIII (D) of the California Constitution; the Engineer’s Report attached hereto as Attachment 1 sets forth the
ATTACHMENT II
purpose of the Hayward SoMi Development portion of the GHAD, the estimated budget, the total assessment that will be chargeable to the Hayward SoMi Development portion of the GHAD, the proposed estimated assessment to be levied against each parcel of property within the Hayward SoMi Development portion of the GHAD, and a description of the method used in formulating the estimated assessments; and
WHEREAS, the property within the Hayward SoMi Development portion of the GHAD is identified on the map attached as Attachment 2 and each parcel is proposed to be assessed.
The Board of Directors of the GHAD HEREBY RESOLVES THAT:
1. The GHAD Board declares its intention, consistent with the requirements of Article XIII (D) of the California Constitution, Public Resources Code sections 26650 et seq., Government Code section 53750, and Elections Code section 4000, to order that the cost and expense of maintaining and operating any GHAD improvements in the Hayward SoMi Development acquired or constructed pursuant to Public Resources Code sections 26500 et seq. shall be assessed against the property within the Hayward SoMi Development portion of the GHAD, which is benefited by the properties in this portion of the GHAD.
2. The GHAD Board shall not order this assessment if a majority protest exists within the Hayward SoMi Development portion of the GHAD as defined in Section 4(e) of Article XIII(D) of the California Constitution.
3. Each of the parcels identified in Attachment 2 will receive a particular and distinct special benefit in the form of GHAD facilities and services that are over and above the general benefits received by the general public. Specifically, the GHAD’s maintenance responsibilities include prevention and abatement of geologic hazards such as landslides and slope erosion within the Hayward SoMi Development portion of the GHAD. The GHAD will have responsibilities that include (a) maintenance of slopes, retaining walls, drainage ditches, and storm drain systems, (b) vegetation control for fire suppression, and (c) establishment of a reserve to fund, prevent, mitigate, abate or control geologic hazards within this area. These special benefits are described in detail in the Plan of Control.
4. Whenever a residential building permit is issued for any of the 189 residential units identified in Attachment 2, that lot will be assessed based on unit type within the development described in the attached Engineer’s Report. The annual assessment amount for each residential unit was calculated by dividing the annual Hayward SoMi Development portion of the GHAD budget by the number of residential units planned within that portion of the GHAD boundaries and applying the assessment ratio for each unit type provided in the Engineer’s Report.
5. The GHAD Board has reviewed and considered the attached Engineer’s Report for the Hayward SoMi Development. The special benefit derived from the GHAD by each parcel is proportionate to the entire cost of the Hayward SoMi Development portion of the GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits
ATTACHMENT II
conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
6. The GHAD Board directs the GHAD Manager to mail or cause to be mailed, no later than three (3) days after adoption of this Resolution, the “Notice of Adoption of Resolution and Notice of Assessment” of the Public Hearing, in substantially the same form as in Attachment 3 (“Notice”) to the record owners of each parcel upon which the assessment will be imposed. The sealable Ballot, attached hereto as Attachment 4, and the GHAD Engineer’s Report, shall be attached to the Notice.
7. The GHAD Board will conduct a public hearing on March 15, 2022 at the chambers of the Hayward City Council at 777 B Street, Hayward, CA 94541 at 7 p.m. or thereafter. The GHAD Manager shall deliver all sealed ballots received from record owners of parcels within the Hayward SoMi Development portion of the GHAD to the GHAD Clerk at the public hearing. The ballots shall remain sealed until they are tabulated. The GHAD Board shall permit a change, withdrawal, or submittal of a ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the public hearing. The GHAD Board shall consider all protests against the proposed assessment. At the GHAD Board hearing, the GHAD Clerk , or some other impartial person not having a vested interest in the outcome of the proposed assessment, shall tabulate the ballots, and shall weight the ballots according to the proportional financial obligation of the affected property. The GHAD Board shall not impose the assessment if there is a majority protest as that term is defined by Section 4(e) of Article XIII (D) of the California Constitution. If there is no majority protest, the GHAD Board shall authorize the assessment. Following the public hearing, the GHAD Board shall consider the adoption of the canvas of votes for the GHAD.
8. Upon authorization of the assessment, the GHAD Board shall levy the authorized assessment on the 189 residential units the first fiscal year following issuance of a residential building permit for each of those parcels on which the residences are located.
This Resolution shall become effective immediately upon its passage and adoption.
HAYWARD, CALIFORNIA, January 18, 2022
PASSED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Attachment 1 – Engineer’s Report
Attachment 2 – Legal Description and Plat
Attachment 3 – Notice of Adoption of Resolution and Notice of Assessment Attachment 4 – Ballot
Copyright © 2022 by ENGEO Incorporated. This document
may not be reproduced in whole or in part by any means
whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated.
HAYWARD SOMI DEVELOPMENT ANNEXATION
HAYWARD, ALAMEDA COUNTY, CALIFORNIA
ENGINEER’S REPORT
FOR HAYWARD SOMI DEVELOPMENT, TRACTS 8502 and 8614
SUBMITTED TO
Hayward SoMi, LLC
12647 Alcosta Boulevard, Suite 470
San Ramon, CA 94583
PREPARED BY
ENGEO Incorporated
January 6, 2022
PROJECT NO.
17479.000.000
ATTACHMENT 1
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
i of i January 6, 2022
TABLE OF CONTENTS
CERTIFICATION OF FILING .......................................................................................... 1 I. INTRODUCTION .................................................................................................... 3 II. BACKGROUND ..................................................................................................... 3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES .......................... 3 IV. SERVICE LEVELS ................................................................................................. 3 V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY THE GHAD .......... 4 VI. ASSESSMENT METHOD ...................................................................................... 4 VII. ASSESSMENT - BUDGET ..................................................................................... 5 VIII. OWNER RESPONSIBILITIES ................................................................................ 6
EXHIBIT A – Legal Description and Plat
EXHIBIT B – Hayward GHAD Budget – Hayward SoMi Development Annexation
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
Page | 1 January 6, 2022
ENGINEER’S REPORT
HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
HAYWARD SOMI DEVELOPMENT ANNEXATION
(Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.)
CERTIFICATION OF FILING
The Geologic Hazard Abatement District (“ GHAD”) provides monitoring and maintenance of improvements related to geologic hazard management and other responsibilities as a landowner, within the Hayward SoMi Development portion of the Hayward GHAD. The GHAD also levies and collects assessments in order to perform its activities.
The GHAD responsibilities, which are the subject of this report, are defined as any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Section 26505).
This report consists of seven parts, as follows:
I. INTRODUCTION
II. BACKGROUND
III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM
IV. SERVICE LEVELS
V. DESCRIPTION OF GHAD MAINTAINED IMPROVEMENTS
VI. ASSESSMENT METHOD
VII. ASSESSMENT LIMIT - BUDGET PROJECTION
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
Page | 2 January 6, 2022
The undersigned respectfully submits the enclosed Engineer’s Report.
Date: January 6, 2022 By: ENGEO Incorporated
_________________________________________, PE
Jeffrey A. Adams
I HEREBY CERTIFY that the enclosed Engineer’s Report was filed on the 18th day of January 2022.
_________________________________________
Patricia Curtin
Attorney and Clerk of the Board
Hayward Geologic Hazard Abatement District
Hayward, Alameda County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report was approved and confirmed by the GHAD Board on the 18th day of January 2022.
_________________________________________
Eric Harrell
GHAD Manager
Hayward Geologic Hazard Abatement District
Hayward, Alameda County, California
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
Page | 3 January 6, 2022
ENGINEER’S REPORT
for
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
HAYWARD SOMI DEVELOPMENT ANNEXATION
HAYWARD, ALAMEDA COUNTY, CALIFORNIA
for the
ESTABLISHMENT OF AN ASSESSMENT LIMIT
I. INTRODUCTION
The Hayward City Council formed the Hayward Geologic Hazard Abatement District (“GHAD” or “District”) on March 1, 2016 (Resolution No. 16 -030), under the authority of the California Public Resources Code, Division 17, Section 26500 et seq. The GHAD Board of Directors approved the annexation of the Hayward SoMi Development (“GHAD Annexation Area”) into the GHAD on November 16, 2021, with the approval of Resolution No. 21-03. The members of the Hayward City Council act as the Board of Directors of the GHAD.
II. BACKGROUND
The Hayward Board of Directors approved the Plan of Control for the Hayward SoMi Development Annexation (“Plan of Control”) with the approval of Resolution No. 21 -03 on November 16, 2021 . The Plan of Control describes the GHAD’s responsibilities to permanently monitor and maintain GHAD improvements within the GHAD Annexation Area. This Engi neer’s Report describes the establishment of an assessment level to fund GHAD activities necessary or incidental to geologic hazard mitigation, abatement, and control.
III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES
The boundaries for the GHAD Annexation Area are shown in the legal description and plat attached hereto as Exhibit A.
IV. SERVICE LEVELS
The GHAD’s activities are those that are necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including constructio n, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing.
The GHAD provides for the administration and review of facilities within the budgeted limits, including the following services:
1. Oversight of GHAD operations, including reporting to the GHAD Board of Directors.
2. In conjunction with the Alameda County Assessor’s Office, setting the annual levy of assessments on the property tax rolls.
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
Page | 4 January 6, 2022
3. Engagement of technical profess ionals to perform the monitoring duties as described in the Plan of Control.
4. Performance of GHAD maintenance activities in accordance with the Plan of Control. These maintenance activities include:
The GHAD is responsible for general monitoring, maintena nce, and repair of the concrete-lined drainage ditches, storm drain inlets and outlets in open space, subdrain outlets, and risers within the GHAD Annexation Area.
Monitoring and maintenance of measurement devices, such as piezometers, inclinometers, and tiltmeters, if any, within the GHAD Annexation Area.
Maintenance of existing property line/boundary fencing on Parcel “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614.
Maintenance of debris benches and/or catchment structures within GHAD Annexati on Area.
Maintenance of storm drain inlets, outfall s and pipelines within Parcels “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614.
Maintenance of slopes within GHAD Annexation Area.
Vegetation control for fire suppression on Parcel “B” in Tract 8502 and Parcels “C” and “E” in Tract 8614.
5. Preparation of annual GHAD budgets for approval by the GHAD Board of Directors.
V. DESCRIPTION OF THE IMPROVEMENTS MAINTAINED BY
THE GHAD
The GHAD -maintained improvements are described in the Plan of Control. In general, these improvements include drainage systems, including concrete -lined ditches in developed areas and open space; open-space storm drain inlets and outlets; subdrains and outlets; and selected retaining walls.
VI. ASSESSMENT METHOD
The improvements and GHAD responsibilities described in Section V are distributed within the GHAD Annexation Area. The improvements described in this document will confer the following special benefits to the assessed parcels:
1. Protection from slope instability.
2. Protection from erosion due to uncontrolled surface water.
3. Protection of water quality.
4. Protection from wild land fires due to unmanaged vegetation.
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
Page | 5 January 6, 2022
The GHAD assessment is distributed among all residential and commercial property owners within the GHAD Annexation Area. The improvements and responsibilities listed in Section V provide specific benefits to the properties within the GHAD Annexation Area and the improvements are constructed for the benefit of those assessed and not the general public.
The GHAD Annexation Area consists of 123 townhomes and 66 condominiums, for a total of 189 residential units . In addition, approximately 8,049 square feet of commercial space and 2,773 square feet of Homeowner’s Association common area will be constructed with in the development. The total number of residential units and area of commercial space within the GHAD Annexation Area was considered in light of the annual GHAD Annexation Area budget in developing the annual assessment amount.
The Engineer hereby finds that the residential properties within the GHAD Annexation Area receive approximately equal special benefit from the work and improvements within the GHAD based on the average lot size divided by the number of units within each townhome and condominium bui ldings, respectively . As a result, the GHAD assessment for the GHAD Annexation Area is distributed among all owners of parcels as follows:
PRODUCT TYPE (SHOWING
AVERAGE LOT SIZE PER UNIT) ASSESSMENT RATIO NUMBER OF UNITS Townhome (1,683 sq. ft.) 1.0 123
Condominium (1,335 sq. ft.) 0.8 66
A financial analysis was performed to provide a framework for an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the GHAD Annexation Area. In preparation of the budget, several factors were considered including:
1. Site geology
2. Remedial grading
3. Proximity of geologic hazards to proposed residences
4. Improvements and structures
5. Site access considerations
6. Elements requiring routine maintenance, including:
Surface drainage facilities
Graded slopes
Retaining walls
Fire breaks
VII. ASSESSMENT - BUDGET
The purpose of this Engineer’s Report is to establish the assessment level and the apportionment of the assessment within the GHAD Annexation Area as required under Proposition 218. The annual budget in each subsequent fiscal year will apprise the GHAD Board of Directors of the estimated budget for the upcoming year.
Based on the estimated expenses for on -going operations, and allowing for larger (approximately $300,000) geologic events at 20-year intervals and accumulation of a reserve of $1,310,000 by 2061 (Fiscal Year 2021/2022 dollars ), a budget was prepared for the purpose of estimating initial assessment levels (Exhibit B).
Hayward Geologic Hazard Abatement District Hayward SoMi Development Annexation 17479.000.000 Engineer’s Report
Page | 6 January 6, 2022
The Engineer recommends an annual assessment li mit for the GHAD Annexation Area of $567 per single -residential townhome unit and $454 per single -residential condominium unit (Fiscal Year 2021/2022 dollars). The proposed initial assessment level will be automatically adjusted annually on June 30 to refl ect the percentage change in the San Francisco -Oakland- San Jose Consumers Price Index for All Urban Consumers. The Engineer also recommends an annual assessment limit of $0.25 per square foot of commercial space. The planned habitable non-residential sp ace (approximately 2,773 square feet) intended for common area is not subject to an assessment. The residential and commercial space assessments are to be levied in conjunction with the issuance of a building permit for the assessed parcel.
While the assump tions and estimated expenses listed in Exhibit B were used to determine the assessment levels for the GHAD Annexation Area, they do not represent the actual budget for any one year of the GHAD’s operation, since assessment of the individual parcels will be based on the issuance of building permits, which will occur over a number of years. In addition, the Engineer anticipates that the projected expense amounts will be reached over time and that these amounts will be inflation-adjusted in the year that the expenses occur.
Pursuant to the schedule set forth in Section 6.4 of the Plan of Control for the Hayward SoMi Development, the GHAD reserve at the time of transfer must have a minimum of $107,000. In addition, all 189 residential units shall be subject to the levy of the GHAD assessment. The minimum reserve amount represents the estimated total assessments that will be collected from within the Hayward SoMi Development during the period the Owner is responsible for all GHAD activities. The reserve amount re quirement may be satisfied by including remaining cash and receivables from the Alameda County Tax Collector during the period that the Owner of the Hayward SoMi Development is responsible for performing the GHAD activities. Additional funds may be require d of the developer in order to satisfy the above -stated minimum reserve requirement and shall be provided to the Hayward GHAD prior to its acceptance of the monitoring and maintenance responsibilities within the Hayward SoMi Development.
VIII. OWNER RESPONSIBILITIES
Hayward SoMi, LLC (“Owner”) is responsible for managing and maintaining the GHAD Annexation Area until the GHAD accepts responsibility for the GHAD Improvements as set forth in the Plan of Control. In addition, the Owner is responsible for funding a ny necessary GHAD functions or business undertaken for the GHAD Annexation Area that the GHAD Officers or Board of Directors determine are necessary before the GHAD accepts the GHAD Improvements. If the Owner fails to fund all or a portion of these costs, the costs shall be covered by the funds generated by and for the GHAD Annexation Area (i.e., through the assessment) and the Owner shall be required to reimburse the GHAD for such costs before the GHAD can accept monitoring and maintenance responsibilities for the GHAD Improvements.
The GHAD may utilize funds generated by or for the GHAD Annexation Area to conduct any necessary GHAD functions or business for the GHAD Annexation Area required before the GHAD accepts the GHAD improvements. Such functions and business can include periodic reporting to the GHAD Board of Directors and work performed by GHAD Officers to verify the GHAD is implemented in accordance with the Plan of Control and GHAD Law.
EXHIBIT A
LEGAL DESCRIPTION AND PLAT
EXHIBIT B
BUDGET – January 6, 2022
17479.000.000
January 6, 2022
Hayward Geologic Hazard Abatement District – Hayward SoMi Development Annexation
Budget – January 6, 2022
ASSUMPTIONS
Total No. of Residential Units- Actual 189
Equivalent Assessment Units 175.8
Annual Assessment per Townhome Unit (FY 2021/2022) $567 Annual Assessment per Condominium Unit (FY 2021/2022) $454 Approximate Total Habitable Commercial Building Area (square feet) 8,049 Annual Assessment per Habitable Commercial (square feet) $0.25 Annual Adjustment in Assessment (estimated) 2.25%
Inflation (estimated) 2.25%
Investment Earnings (estimated) 4.5%
Frequency of Large-Scale Repair (years) 20
Cost of Large-Scale Repair (current $) $300,000
ESTIMATED ANNUAL EXPENSES IN 2021/2022 DOLLARS
Administration (Manager, Treasurer, Clerk, and Legal Counsel) $16,000 Outside Administration Services, Membership, and Insurance $3,699 Monitoring Activities $3,825
Maintenance and Operation $15,170
Capital Improvements $26,549
Major Repair (Annualized) $ 15,000
Miscellaneous & Contingency (10%) $6,524
Reserve $14,959
TOTAL
$101,726
www.engeo.com
EXHIBIT A
LEGAL DESCRIPTION
AUGUST 12, 2021
JOB NO.: 2775-010
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT(GHAD)
MIRZA DEVELOPMENT ANNEXATION
HAYWARD, CALIFORNIA
Real property in the City of Hayward , County of Alameda, State of California, described as follows:
PARCEL ONE:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERN LINE OF THE STATE HIGHWAY(lO0 FEET WIDE) FROM HAYWARD TO NILES WITH THE SOUTHEASTERN LINE OF THE 22.82 ACRE PARCEL OF
LAND DESCRIBED IN THE DEED BY JOSE DE JESUS VALLEJO AND WIFE TO WILLIAM MORRIS LISTON RECORDED IN BOOK "M" OF DEEDS PAGE 219 ALAMEDA COUNTY RECORDS RUNNING THENCE ALONG SAID LINE OF STATE HIGHWAY SOUTH 42 DEGREES 48 MINUTES 53 SECONDS EAST 202.44 FEET
THENCE PARALLEL WITH THE SOUTHEASTERN LINE OF THE PARCEL OF LAND FIRSTLY DESCRIBED IN THE DEED BY MARY E. ALLEN TO ANTONE FARIA RECORDED NOVEMBER 9, 1920 IN BOOK 2996 OF DEEDS PAGE 341 ALAMEDA COUNTY RECORDS NORTH 47 DEGREES 17 MINUTES 31 SECONDS EAST 190 FEET THENCE PARALLEL WITH SAID LINE OF STATE HIGHWAY SOUTH 42 DEGREES 48 MINUTES 53 SECONDS EAST 72 FEET THENCE PARALLEL WITH SAID SOUTHEASTERN LINE OF THE FARIA PARCEL NORTH 47 DEGREES 17 MINUTES 31 SECONDS EAST 630.85 FEET TO THE NORTHEASTERN LINE OF THE PARCEL OF LAND FIRSTLY DESCRIBED IN THE DEED BY MARY E. ALLEN RECORDED MAY 29, 1916 IN BOOK 2442 OF DEEDS PAGE 366 ALAMEDA COUNTY RECORDS THENCE ALONG THE LAST MENTIONED LINE NORTH 42 DEGREES 45 MINUTES WEST 253.99 FEET TO THE NORTHWESTERN LINE
OF SAID FARIA PARCEL OF LAND LASTLY REFERRED TO THENCE ALONG THE LAST MENTIONED LINE SOUTH 48 DEGREES 43 MINUTES 08 SECONDS WEST 821.43 FEET TO THE POINT OF BEGINNING.
PARCEL "TWO:
BEING PORTIONS OF PARCEL 1 AND PARCEL 3 AND ALL OF PARCEL 2 AND PARCEL 4 AS SAID PARCELS
ARE DESCRIBED IN THAT DIRECTOR'S DEED FROM THE STATE OF CALIFORNIA TO THE CITY OF HAYWARD RECORDED NOVEMBER 3, 2017 AS DOCUMENT NUMBER 2017243815 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERN LINE OF TENNYSON ROAD (60 FEET WIDE), AS SHOWN ON THE MAP OF TRACT 7620, RECORDED MAY 3, 2016 AND FILED IN BOOK 339 OF MAPS, AT PAGE 46, IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, WITH THE EASTERN LINE OF SAID PARCEL 1;
THENCE, FROM SAID POINT OF BEGINNING, ALONG THE EASTERN LINE OF SAID PARCELS 1, 2, AND 3, SOUTH 21 °07'48" EAST, 851.67 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE, ALONG THE SOUTHEAST LINE OF SAID PARCEL 2, SOUTH 50°13'05" WEST, 393.23 FEET TO THE SOUTHERNMOST CORNER OF SAID PARCEL 2;
THENCE, ALONG THE SOUTHWEST LINE OF SAID PARCEL 2, NORTH 41 °22'25" WEST, 148.60 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 2;
THENCE, ALONG THE WESTERN LINE OF SAID PARCEL 2 THE FOLLOWING THREE (3) COURSES:
1) NORTH 03°11'39" WEST, 238.58 FEET,
2) NORTH 09°10'37" WEST, 323.21 FEET,
3) NORTH 18°28'47" WEST, 36.85 FEET TO THE SOUTHERNMOST CORNER OF SAID PARCEL 4; THENCE, ALONG THE EXTERIOR BOUNDARY OF SAID PARCEL 4 THE FOLLOWING NINE (9) COURSES:
P:\2700 - 2799\2775-010\LEGALS\GHAD\LG-01 GHAD.DOC
Attachment 2
Attachment 3
Attachment 3 to Resolution No. 22-01
NOTICE OF (1) ADOPTION OF RESOLUTION NO. 22-01 BY THE BOARD OF DIRECTORS
OF THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT,
(2) PROPOSED ASSESSMENT, AND
(3) PUBLIC HEARING FOR MARCH 15, 2022
On March 1, 2016, the Hayward City Council adopted Resolution No . 16-030, ordering the formation of the Hayward Geologic Hazard Abatement District (“GHAD”) and itself to serve as the Board of Directors of the GHAD (“GHAD Board”).
NOTICE IS HEREBY GIVEN that:
On January 18, 2022 , the GHAD Board adopted Resolution No. 22-01 declaring its intention to impose an assessment on the property included in the GHAD and directing that a public hearing be scheduled to consider adoption of this assessment to finance the GHAD activities within the Hayward SoMi Development portion o f the GHAD. The total yearly estimated budget for the Hayward SoMi development within the Hayward GHAD as set forth in the current Engineer’s Report is $101,726. If the assessment is adopted, each townhome residential unit will be assessed a maximum of $ 567.00 per year and each condominium residential unit will be assessed a maximum of $454.00 (Fiscal Year 2021/2022 dollars), plus an annual adjustment to reflect t he percentage change in the San Francisco -Oakland-Hayward Consumers Price Index (CIP) for All U rban Consumers . The assessment will be levied beginning in first fiscal year after issuance of a building permit and the assessment will continue to be levied in perpetuity.
The attached Engineer’s Report (dated January 6, 2022 ) for the Hayward SoMi Development portion of the GHAD was prepared by a registered engineer, certified in the State of California, and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Engineer’s Report specifically sets forth the yearly estimated budget, the total assessment, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessment. A copy of GHAD Board Resolution No . 22-01 is available for inspection at ENGEO Incorporated, 2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583.
The GHAD Board wil l conduct the public hearing on March 15, 2022 , at 7:00 p.m. at Hayward City Hall, 777 B Street, Hayward, CA 94541, on the proposed assessment.
The following paragraph provides the procedure for returning and tabulating the ballots.
Copies of this Notice, a sealable ballot, and the Engineer’s Report have been sent to each of the property owners within the Hayward SoMi Development portion of the GHAD.
The ballot may be completed and mailed or hand delivered to Hayward Geologic Hazard Abatement District, ℅ ENGEO Incorporated, GHAD Manager, 2010 Crow Canyon Place, Suite 250, San Ramon, CA 94583 or may be submitted at the public hearing. Each ballot may be submitted, withdrawn, or change d at any time prior to the conclusion of the testimony on the proposed assessment at the public hearing. At the hearing, the GHAD Clerk shall tabulate the ballots and the GHAD Board shall consider any objections or protests to the assessment and certify the tabulation of the ballots.
The GHAD Board shall not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submit ted in favor of the assessment. In tabulating the ballots, Attachment 3
Attachment 3 to Resolution No. 22-01
the ballots shall be weighted according to the proportional financial oblig ation of the affected property.
Inquiries regarding the proposed assessment may be made by mail to: Hayward GHAD ℅ ENGEO Incorporated, Attn: Haley Ralston, 2010 Crow Canyon Place, Suite 250,San Ramon, CA 94583, by phone at (925) 866-9000, or by e-mail at [email protected].
Enclosures: Engineer’s Report (dated January 6, 2022)
Sealable Ballot
Attachment 4
Attachment 4 to Resolution No. 22-01
BALLOT
Hayward Geologic Hazard Abatement District
Identification of Parcel: Assessor’s Parcel Numbers(s) ___________________________________ Record Owner: ___________________________________________________________________ ____________ Yes, I approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. ____________ No, I do not approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. _____________________________________________________
Signature of Record Owner or Authorized Representative of the above identified parcel(s)
Dated:
Mail or deliver sealed Ballot to:
Hayward Geologic Hazard Abatement District
c/o ENGEO Incorporated, GHAD Manager
Attention: Eric Harrell
2010 Crow Canyon Place, Suite 250
San Ramon, CA 94583
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-001
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the City Council Minutes of the City Council Meeting on December 7, 2021
RECOMMENDATION
That the Council approves the City Council meeting minutes of December 7, 2021.
SUMMARY
The City Council held a meeting on December 7, 2021.
ATTACHMENTS
Attachment I Draft Minutes of December 7, 2021
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/86142259797?pwd=bTJRQW1GazNsQUtwRmE5dTBCQVdjdz09 Tuesday, December 7, 2021, 7:00 p.m.
The City Council regular meeting was called to order by Mayor Halliday at 7:02 p.m. The City Council held a hybrid meeting which included in-person and teleconference participation by members of the City Council, staff and public.
Pledge of Allegiance: Council Member Salinas
ROLL CALL
Council Chamber: Council Members Lamnin, Salinas and Zermeño Mayor Halliday
Virtual Platform (Zoom): Council Members Andrews, Márquez and Wahab
CLOSED SESSIONS ANNOUNCEMENTS
The City Council convened in closed session on November 30, 2021, at 5:30 p.m., pursuant to Government Code Section 54957.6, with all members present, to discuss labor negotiations with all groups. City Attorney Lawson announced the Council took no reportable action and adjourned the meeting at 7:00 p.m.
The City Council convened in closed session on December 6, 2021, at 5:30 p.m., pursuant to Government Code Section 54956.9(d)(1)(2)(3)(4), with all members present, to discuss seven anticipated litigation cases. City Attorney Lawson announced the Council took no reportable action as to six matters ; and w ith Mayor Halliday and Council Member Salinas recusing, the Council discussed the seventh matter and took no reportable action and adjourned the meeting at 8:15 p.m.
The City Council convened in closed session on December 7, 2021, at 5:30 p.m., pursuant to Government Code Section 54956.8, with Mayor Halliday absent , regarding Caltrans Parcel Group 6: Carlos Bee Boulevard and Overlook Avenue; APN 455-0180-001-00. City Attorney Lawson announced he a sked the Council to add two matter s to the closed session agenda based on information that came to the City's attention after the posting of the agenda. Per Government Code Section 54956.9(d)(2) and 54956.9(e)(5), one matter involving anticipated litigation was added to the agenda by unanimous vote with Council Member Salinas moving and Council Member M árquez seconding. A second matter involving property transactions concerning Caltrans Parcel Group 3, adjacent to Tennyson Road, East 16th Street and Calhoun Street, APNs: 078C-0626-003-16, 078C-0626-003-09, 078C-0626-001-07, was added to the agenda by unanimous vote with Council Member Salinas moving and Council Member Márquez seconding and Council Member Andrews recusing. With no action taken, the closed session adjourned at 6:22 p.m.
2 | D e c e m b e r 7 , 2 0 2 1
PRESENTATION
Mayor Halliday read a Proclamation recognizing November 27, 2021, as Small Business Saturday. The proclamation supported local small businesses and encouraged community members to shop locally during the holiday season. Mayor Halliday noted the proclamation would be sent to Ms. Pam Wu from Small Business Saturday Coalition at Women Impacting Public Policy.
PUBLIC COMMENTS
TJ with Hayward Concerned Citizens, expressed concern about the Hayward People’s Budget community participatory process noting that allotted funds were too restrictive and COVID recovery funds could have been used for community needs to improve safety; suggested staff take suggestions and create a website for them and for when funds become av ailable; and noted Council Infrastructure Committee meeting videos were not available via YouTube.
Mr. Tom Ferreira, with Hayward Concerned Citizens, spoke in favor of having a new Police Department building noting it would attract new officers to fill current vacancies and new families, and would strengthen Hayward’s future.
Suzanne, with Hayward Concerned Citizens, agreed with TJ about the Hayward People’s Budget process and noted most suggestions were related to safety; suggested better lighting and solar lighting on existing light poles; and noted TJ was unable to rejoin the Zoom meeting.
In response to Council Member Wahab’s inquiry about an update on the Police Department building, City Manager McAdoo indicated staff would present a timeframe for building improvements during the mid-year budget discussion. Ms. Wahab asked staff to keep track of suggestions from community in put and perhaps add them to the website for increased transparency.
In response to Mayor Halliday’s request for info rmation on plans for revisi ting the City ’s Strategic Roadmap, City Manager McAdoo announced the City would be holding a work session on January 29, 2022, to review the Strategic Roadmap and community members could express priority projects they want Council to focus on.
CITY MANAGER’S COMMENTS
City Manager McAdoo made three announcements: Weekes Branch Library would have the same high speed internet service as at the Hayward Main Library starting December 11, 2021; a modified “Light Up the Season” event was scheduled for December 11, 2021, outside City Hall with festivity activities following; and City Hall and non -emergency facilities would be closed for business operations from December 20, 2021 through January 2, 2022 and urged residents to access the website for information or call the non-emergency number.
City Clerk Miriam Lens announced the Youtube feed was down and shared, via video screen, alternative methods to view the live City Council meeting.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/86142259797?pwd=bTJRQW1GazNsQUtwRmE5dTBCQVdjdz09 Tuesday, December 7, 2021, 7:00 p.m.
CONSENT
1. Approve Minutes of the Special City Council Meeting on November 16, 2021 MIN 21-157
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried unanimously, to approve the minutes of the Special City Council Meeting on November 16, 2021.
2. Adopt an Ordinance Amendin g the Zonin g District Map of Chapter 10, Article 1 of the Hayward Municipal Code by Rezoning Certain Property Located at 1000 La Playa Drive from Neighborhood Commercial (CN) District to Planned Development (PD) District in Connection with General Plan Ame ndment, Rez one and Vesting Tentative Tract Map Application No. 202004457 for the La Playa Commons Development CONS 21-629
Staff report submitted by City Clerk Lens , dated December 7, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the ordinance.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance 21-07, “An Ordinance Amending the Zoning District Map of Chapter 10, Article 1 of the Hayward Municipal Code by Rezoning Certain Property Located at 1000 La Playa Drive from Neighborhood Commercial (CN) District to Planned
Development (PD) District in Connection with Genera l Plan Amendment, Rezone and Vesting Tentat ive Tract Map
Application No. 202004457 for the La Playa Commons
Development”
3. Adopt a Resolution Accepting Transmittal of the Annual Mitigation Fee Act Report (AB 1600) CONS 21-632
Staff report subm itted by Director of Finance Claussen, dated December 7, 2021, was filed.
4 | D e c e m b e r 7 , 2 0 2 1
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-234, “ Resolution Accepting the Report and Adopting Findings Related to Fees Collected for the Development Projects Subject to the Requirements of the Mitigation Fee Act”
4. Adopt a Resolution Accepting the Fiscal Year 2022 Statement of Investment Policy and Delegation of Authority CONS 21-630
Staff report submitted by Director of Finance Claussen, dated December 7, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-235, “ Resolution Reaffirming the Statement of Investment Policy and Renewing the Delegation of Authority to Make Investments to the Director of Finance”
5. Adopt an Initial Study/Mitigated Negative Declarat ion and a R esolution Approving the Plans and Specifications, and Call for Bids for the Water Line Improvements Project, Project No. 07093 CONS 21-631
Staff report submitted by Director of Public Works Ameri, dated December 7, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/86142259797?pwd=bTJRQW1GazNsQUtwRmE5dTBCQVdjdz09 Tuesday, December 7, 2021, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-236, “ Resolution Adopting an Initial Study/ Mitigated Negative Declaration in Accordance with the California Environmental Quality A ct, and Approving the Plans and Specifications for the Water Line Improvements Project, Project No. 07093, and Call for Bids”
6. Adopt a Resolution Approvi ng the Final Map of Tract 8359, a 13 Lot Subdivision at 24765 Hesperian Boulevard, Hayward to Allow the Construction of Single -Family Residences with Common Open Space Area, and Related Site Improv ements; Applicant/Owner: Jason Creek Ventures, LLC., Applic ation No. 2021 01368 CONS 21- 636
Staff report submitted by Development Services Director Ott, dated December 7, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-237, “Resolution Approving the Final Map of Tract 8359, Accepting the Easement s Dedicated Thereon for Public Use and Authorizing the City Manager to Negotiate and Execute the Subdivision Improvement Agreement and Related Other Documents”
6 | D e c e m b e r 7 , 2 0 2 1
WORK SESSION
7. Measure C Annual Report: Review Annual Report of Measure C Revenues and Expenditures, Approved by Voters on June 3, 2014 WS 21-044
Staff report submitted by Director of Finance Claussen, dated December 7, 2021, was filed.
Director of Finance Claussen provided a synopsis of the staff report.
Mayor Halliday opened the public comment section at 7:48 p.m.
TJ, with Hayward Concerned Citizens, noted Measure C was a general tax approved in 2014 with Council priorities based on community input, added Library and Police were prioritized as capital improve ment projects in 2016, and wondered what the next step would be for moving funds to public safety needs.
Mayor Halliday closed the public comment section at 7:51 p.m.
Discussion ensued among members of the City Council and City staff re garding: Measure C funds and discussion during the budget development process about priorities for spending Measure C revenue; capital imp rovement projects an d the P olice Department building; Measure C annual cash flow and cumulative balance; and funding for a new Police Department building, including locating a viable site, determining the scope of the project, and financing the project.
Members of the City Council off ered the following suggestions: start discussion regarding next steps for M easure C revenue and expenditure, perhaps during the January 29, 2022 Strategic Roadmap retreat or have a preliminary conversation with the Council Budget and Finance Committee early in the spring ; f ocus on vacancies in Fire and Police departments, particularly firefighters and Call Center vacancies and consider discussing them during the mid-year budget process; have a community conversation about what a new 21st century Police Department building would look like as policing is reimagined; consider a new P olice building as a potential place to train and partner with other agencies s uch as educational institutions; consider the long-term needs of public safety; leverage some Measure C funds to join the goal of the Clean California program to clean local streets; and evaluate use of funds toward public art to help beautify the city and deter graffiti and dumping.
Members of the City Council thanked City staff for maintaining what was promised in Measure C ballot measure language and management of fun ds; a cknowledged staff for the work by Street Maintenance staff ensuring neighborhoods are clean and responding to homelessness needs which were enabled by Measure C funds; and acknowledged staff for the completion of projects such as pavement management index, 21st Century Library construction, Fire Station 6 construction, Fire Stations 1 -5 rehabilitation and improvements, and increase of police officers.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/86142259797?pwd=bTJRQW1GazNsQUtwRmE5dTBCQVdjdz09 Tuesday, December 7, 2021, 7:00 p.m.
8. 2021 Resident Survey Results: Presentation of 2021 Biennial Resident Satisfaction Survey Results WS 21-046
Staff report submitted by City Manager McAdoo, dated December 7, 2021, was filed.
City Manager McAdoo gave an overview of the 2021 Resident Satisfaction Survey and introduced Ms. Miranda Everitt, Vice President of Fairbank, Maslin, Maullin, Metz & Associates (FM3) Research, who presented survey findings conducted from October 5 to 17, 2021, with 914 interviews conducted in both English and Spanish languages.
Mayor Halliday opened the public comment section at 8:42 p.m.
TJ, with Hayward Concerned Citizens, commented on a question about a hypothetical parcel tax measure of $89 a y ear on all residential and commercial property, and noted she would not support a General Fund tax because there was no assurance it would be used for what voters vote for.
Suzanne, H ayward resident, noted she would not support a parcel tax measure to support homelessness services and emphasized survey results indicat ed the need for more police services.
Mayor Halliday closed the public comment section at 8:46 p.m.
Discussion ensued among members of the City Council and City staff regarding differences in perception by ethnicity, race, and geography; feelings of safety in neighborhoods ; homelessness, traffic, and safety were key issues consistent with open-ended responses; and public art and the positive impact it could have on reducing graffiti, blight, and public safety.
Members of the City Council provided the following comments: comparison data regarding regional trends and challe nges was helpful ; there were serious con cerns related to homelessness; having the survey in a language other than English was appreciated; evaluate if feeling of safety/security shift by demographic; it was pleasing to learn that most respondents felt Hayward was a clean and well maintained City; trust in government could be improved by personal contact; there was reluctancy to consider a parcel tax measure during a pandemic and knowing sales tax was higher than in neighboring cities and in the interim continue to be creative identifying funding to address issues of the unsheltered community; spoke of the need to prioritize cannabis revenue for housing, lighting and cleanliness; increase sharing of information with the public about measures and public safety; consider that some folks might not want to t alk to a g overnment hired consultant to discuss government services when planning the next survey; there was support for any approach that did not present a burden on the Police Department; look at public safety through design and not just law enforcement; 8 | D e c e m b e r 7 , 2 0 2 1
continue to work with businesses to imp rove safety; COVID might have affected survey results; continue to look at homelessness with a regional lens and place pressure to the federal government for solutions; activate public spaces; consider economic ways of bringing more lighting in neighborhoods avoiding light pollution to make neighbor hoods safer ; interviewing individuals beyond just registered voters was appreciated; consider discussion around what used to be the Neighborhood Watch Program in helping people feel safe in their neighborhoods; distribute copies of survey results for discussion at the Council retreat; and consider adding a question to the next survey on how residents obtain their information.
City staff and FM3 consultant were commended for a comprehensive survey and increased inclusiveness efforts.
PUBLIC HEARING
9. Groundwater Sustainability Plan: Adopt a Resolution Approving the East Bay Plan Subbasin Groundwater Sustainability Plan PH 21-099
Staff report submitted by Director of Public Works Ameri, dated December 7, 2021, was filed.
Public Works Director Ameri announced the staff report and introduced Water Resources Manager Muñoz who provided a synopsis of the staff report which sought the adoption of a resolution approving the East Bay Plain Subbasin Groundwater Sustainability Plan. Water Resources Manager Muñoz indicated that per notification of the East Bay Municipal Utility District (EBMUD) there were four edits necessary to language in the proposed resolution and stated that Dr. Christopher Heppner, a hydrogeologist from EKI Water and Environment, was available to answer any questions.
There being no public comments, Mayor Halliday opened and closed the public hearing at 9:50 p.m.
Council Member Salinas mo ved staff’s recommendation including four clarifications to the resolution and Council Member Zermeño seconded the motion.
Mayor Halliday thanked staff for work done , was pleased the Subbasin in a sustainable condition with stable water levels and with continuous monitoring of conditions.
It was moved by Council Member Salinas, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution, including clarification language on four recitals in the Resolution, as follows:
Add to Recital No. 5 as foll ows, “… and eac h GSA exercises management responsibility within the portion of the East Bay Plain Subbasin und erlying its boundaries …”; revise Recital No. 9 to read “WHEREAS, on March 19, 2019” correcting the date ; revise Recital No. 11 to re ad “WHEREAS on November 9, 2021 and November 16, 2021, the EBMUD Board and the City Council of the City of Hayward, respecti vely, authorized the amendment
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/86142259797?pwd=bTJRQW1GazNsQUtwRmE5dTBCQVdjdz09 Tuesday, December 7, 2021, 7:00 p.m.
of the…”; and add Recital No. 14 as follows, “WHEREAS, on September 7, 2021, the GSAs notified the cities and counties within the East Bay Plain Subbasin of their intent to adopt a GSP for the Subbasin pursuant to California Water Code section 10728.4…“
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-238, “ Resolution Adopting the East Bay Plain Subbasin Groundwater Sus tainability Plan for the City of Hayward”
LEGISLATIVE BUSINESS
10. Mayor Pro Tempore Election: Adopt a Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2022 LB 21-054
Staff report submitted by City Clerk Lens, dated December 7, 2021, was filed.
City Clerk Lens provided a synopsis of the staff report.
There being no public comment , Mayor Hal liday op ened and c losed the public comment section at 9:56 p.m.
Mayor Pro Tempore Wahab thanked the City Council for allowing her to ser ve during a challenging year due to COVID-19 and made a motion for Council Member Lamnin to serve as the Mayor Pro Tempore for 2022.
Mayor Halliday thanked Council Member Wahab for her service, was pleased for the orderly change in the appointment to the role and seconded the motion.
Council Member Márquez commented in support of the motion , thanked Council Member Wahab for serving during a challenging year, and congratulated Council Member Lamnin for her upcoming service in the role.
It was move d by Council Member Wahab, seconded by Mayor Halliday, and carried by the following roll call vote, to adopt the resolution electing Council Member Lamnin to serve as Mayor Pro Tempore for the year 2022.
10 | D e c e m b e r 7 , 2 0 2 1
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-239, “ Resolution Authorizing the Election of Mayor Pro Tempore of the City of Hayward for 2022”
Council Member Lamnin thanked her colleagues for their vote of confidence in her to serve as Mayor Pro Tem for the coming year; and thanked Council Member Wahab for her service.
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews recognized Community Services Commissioner Mehdavi for helping the Afghan Refugees with Five Pillars with the coat and toy drive event, recognized Working Dogs for collecting pet supplies for the Hayward Animal Shelter, and acknowledged the State for cleaning the freeways in Hayward.
Mayor Halliday echoed the acknowledgment of Commissioner Mehdavi and community members from local mosques who help those recently arrived from Afghanistan.
Council Member Sa linas announced the Fremont Unified School District was hos ting an Afghan Newcomer Resources Fair on December 10, 2021, at the Fremont Teen Center, 39770 Paseo Padre Parkway.
Council Member Zermeño announced the Eden Youth and Family Center was hosting the BikeMobile for a free bike repair event on December 11, 2021.
Council Member Wahab appreciated efforts of the larger Afghan community and especially Hayward staff for their efforts to assist newly arriving families, noted she would be speaking at the Fremont fair, and wished Happy Hanukah to those who celebrate the holiday.
Mayor Halliday invited all to the Light Up the Season event on December 11, 2021, at the City Hall Plaza, and urged support of local businesses during planned festivities.
COUNCIL REFERRALS
There were no City Council referrals.
ADJOURNMENT
Mayor Halliday adjourned the City Council meeting at 10:10 p.m.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/86142259797?pwd=bTJRQW1GazNsQUtwRmE5dTBCQVdjdz09 Tuesday, December 7, 2021, 7:00 p.m.
APPROVED
__________________________________________________________ Barbara Halliday
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-002
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on December 14, 2021
RECOMMENDATION
That the Council approves the special City Council meeting minutes of December 14, 2021.
SUMMARY
The City Council held a meeting on December 14, 2021.
ATTACHMENTS
Attachment I Draft Minutes of December 14, 2021
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
The Hayward City Council special meeting was called to order by Mayor Halliday at 7:03 p.m.
The City Council held a hybrid meeting which included in -person and teleconference participation by members of the City Council, staff and public.
Pledge of Allegiance: Council Member Wahab
ROLL CALL
Council Chamber: Council Members Lamnin, Salinas and Zermeño Mayor Halliday
Virtual Platform (Zoom): Council Members Andrews, Márquez and Wahab
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed se ssion on December 14, 2021, at 5:30 p.m., with all members present regarding two items: 1) conference with property negotiators pursuant to Government Code section 54956.8 concerning 1034-1036 B Street, APN: 428 -0061-051-02; and 2) conference with property negotiators pursuant to Government Code section 54956.8 regarding Caltrans Parcel Group 5: Maitland Drive, Bunker Hill Court, Bunker Hill Boulevard and Central Boulevard; APNs: 445-0250-041-01,445-0260-084-03, 445 -0260-018-04, 445 - 0270-054-02, 445 -0250-060-00, 445 -0250-059-01, 445 -0260-109-04, 445 -0260-018-03, 445-0260-109-03, 445-0260-002-00. City Attorney Lawson noted the first matter was on the Consent Calendar (Item 1) as well as the second matter (Item 7) and both were action items; and indicated there was no reportable action.
PUBLIC COMMENTS
Ms. Debbie Frederick, Hayward resident, was happy to attend the City Council meeting in person.
Ms. Velda Go e, from University C ampus Neighborhood Association, submitted written comments indicating safety concerns on Campus Drive over a six-year period, and expressed the Lincoln Landing housing/retail development would further impact the neighborhood.
Council Member Wahab noted she had asked City Clerk Lens to add Ms. Goe’s comments to the meeting public record. In response to Counc il Member Wahab’s inquiry regarding Ms.
Goe’s concerns, City Manager McAdoo noted staff was working with the neighborhood on traffic improvements and hiring a con sultant to propose solutions for the Campus Drive corridor.
2 | D e c e m b e r 1 4 , 2 0 2 1
CITY MANAGER’S COMMENTS
City Manager McAdoo made two announcements: 1) on January 22, 2022, all City of Hayward electricity customers served by East Bay Community Energy would automatically transition to the Renewable 100 product, and c ustomers could alt ernately choose the Bright Choice product at a lower cost or return to PG&E service, more information was posted on the City website; and 2) City Hall and non-emergency facilities would close from December 20, 2021 through January 2, 2022, and for urgen t m atters residents could call (510) 293-7000, and wished happy holidays to all.
CONSENT
Council Member Andrews and Mayor Halliday recused themselves from Consent Item No. 9.
Mayor Halliday disclosed she lives ne ar a former Route 238 property. Council Member Andrews disclosed her previous employer had an interest in the development.
1. Adopt a Resolution Authorizing the City Manager to Approve a $50,000 Small Business Loan to Casa Del Toro, LLC to Assist in Infrastructure Improvement Work at 1034-1036 B Street CONS 21-628
Staff report submitted by Assistant City Manager Ott, dated December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-240, “Resolution Authorizing the City Manager to Execute a Loan Agreement in the Amount of $50,000 for Casa Del Toro, LLC”
2. Adopt a Resolution Advising the East Bay Community Foundation to Grant the Remaining COVID-19 Relief Funds to South Hayward Parish for Food and Shelter Relief and to Close the Fund CONS 21-639
Staff report submitted by City Manager Mc Adoo, dated
December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-241, “Resolution Authorizing the City Manager to Advise the East Bay Community Foundation to Grant the
Remaining COVID-19 Relief Funds to South Hayward Parish and The to Close the Fund”
3. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Pr obation Department for Delinquency Prevention Network (Local Service Center) Services and to Appropriate $475,000 for the Services CONS 21-643
Staff report submitted by Police Chief Chaplin, dated December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-242, “Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Probation Department fo r the Delinquency Prevention Network (Local Service Center) Services and to Appropriate $475,000 for the Services”
4. Adopt a Resolution Accepting the Resignation of Ms. Arzo Mehdavi from the Community Services Commission, Effective December 16, 2021 CONS 21-646
Staff report submitted by City Clerk Lens , dated December 14, 2021, was filed.
4 | D e c e m b e r 1 4 , 2 0 2 1
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-243 “Resolution Accepting the Resignation of Ms.
Arzo Mehdavi from the Community Services Commission”
5. Adopt a Resolution Appointing Mr. George Syrop to the Community Services Commission to Fulfill the Unexpired Term of Ms. Arzo Mehdavi CONS 21-647
Staff report submitted by City Clerk Lens, dated December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-244, “Resolution Appointing Mr. George Syrop to the Community Services Commission to Fulfill the Unexpired Term of Ms. Arzo Mehdavi”
6. Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continue d Teleconferenced Public Meetings Pursuant to AB 361 CONS 21-648
Staff report submitted by City Manager McAdoo and City Clerk Lens, dated December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-245, “ Resolution Making the Require d Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the COVID-19 State of Emergency”
7. Adopt a Resolution Authorizing the City Manager to : 1 (1) Negotiate and Enter into an Easement Agreement with California State University East Bay for Roadway and Utility Connection to Carlos Bee Boulevard from Former Caltrans Property Parcel Group 5; and (2) Appropriate $295,668 from Fund 411 for the Parcel Group 5 Project in the Route 238 Settlement Administration Project 05014 CONS 21-649
Staff report submitted by Assistant City Manager Ott, dated December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-246, “Resolution Authorizing the City Manager to (1) Negotiate and Execute an Easement Agreement with
California State University East Bay for a Roadway and Utility Connection to Carlos Bee Boulevard from Former Caltrans Property Pa rcel Group 5 in a Form Approved by the City Attorney; and (2) Appropria te $295,668 from Fund 411 for Parcel Group 5 Project in Route 238 Settlement Administration Project 05014”
8. Adopt a Resolution Approving Participation in the National Opioid Settlement, Accepting the Terms of the California Allocation Agreement , and Authorizing the City Manager to Execute and Submit all Necessary Sett lement Participation Documents on Behalf of the City of Hayward CONS 21-650
6 | D e c e m b e r 1 4 , 2 0 2 1
Staff report submitted by City Attorney Lawson, dated December 14, 2021, was filed.
It was moved by Council Member Salinas, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 21-247, “ Resolution Approving Participation in the National Opioid Settlement Litigation; Accepting the Terms of the California Allocation Agreement; and Authorizing the Ci ty Manager to Execute and Submit All Necessary Settlement Participation Documents on Behalf of the City of Hayward”
9. Adopt a Resolutio n: (1) Finding a Statutory Conflict between the Local Alternative Transportation Improvement Program Statutes (Government Code 14528.6 and 14528.65) and the Surplus Lands Act; and (2) Declaring City -Owned Properties Associated with the Former 238 Bypass Pr oject, and Subject to the 2016 Purchase and Sale Agreement between the State of California Department of Transportation an d the City of Hayward, as Exempt Surplus Lands CONS 21-653
Staff report submitted by Assistant City Manager Ott, dated December 14, 2021, was filed.
Mayor Pro Tempore Wahab announced the item and noted there were no requests to speak.
It was mo ved by Council Member Márquez, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.
AYES: COUNCIL MEMBERS, Lamnin, Márquez, Salinas, Zermeño MAYOR PRO TEMPORE Wahab
NOES: None
ABSENT: None
ABSTAIN: COUNCIL MEMBER Andrews
MAYOR Halliday
Resolution 21-248, “Resolution of the City Council of the City of Hayward Finding a Statutory Conflict Between Government Code Sections 14528.6 and 14528.65 and the Surplus Lands Act and Declaring Specified City -Owned Propert ies Exempt Surplus Land”
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
PUBLIC HEARING
10. Appeal of the Planning Commission Denial to Develop a New Approximately 116 ,844 Square Foot Industrial Building for U -Haul at 4150 Point Eden Way (Assessor Parcel Number 461 -0085-020-02) Requiring Approval of Site Plan Review and Historic Resources Demolition Permit Application No. 201901039 Including Certification of an Environmental Impact Report, Adoption of a Statement of Overriding Considerations, and Approval of a Mitigation, Monitoring and Reporting Program. Jerry Owen on Behalf of U-Haul; Amerco Real Estate Co. (Applicant/Property Owner) PH 21-091
Staff report submitted by Assistant City Manager/Development Services Director Ott, dated December 14, 2021, was filed.
Assistant City Manager /Development Servic es Director Ott introduced Acting Principal Planner Schmidt who provided a synopsis of the staff report and indi cated that correspondence received by the City was posted on the City website.
Discussion ensued among member s of the City Council and City staff regarding: primarily U-Haul pods would be stored on the proposed industrial building; wildlife is impac ted if lights from buildings near Baylands were left on all night and s ecurity lighting could be included or required ; relocation of the San Francisco Bay Trail; a “welcoming” signage on the site; viability of developing the proposed land and measures to mitigate sea level rise; consideration of projects next to the shoreline; and the partnership with East Bay Regional Park District (EBRPD) related t o improvements along the trail, landscaping , employee amenities and an interpretive display about salt processing; and the property’s historical value.
Mayor Halliday opened the public hearing at 7:58 p.m.
Mr. Tony Munoz, NorCal Carpenters Union representative and speaking on behalf of Alameda County Building Trades, opposed the project, wished to see some labor standards as well as apprentice work, and asked the project be delayed until a labor agreement was reached.
Mr. Justin V. suggested pervious concrete pavement for walkways ne ar the shoreline and recommended building marshes or oyster farm as solutions to sea level rise.
Ms. Karen High, Citizens Committee to Complete the Refuge and the Ohlone Audubon Society representative, commended the Council for the Shoreline Adaptation Master Plan, appreciated the Planning Commission’s thoughtful consideration regarding sea level rise, referred to comments on the EIR regarding negative impacts, and urged Council to uphold the denial.
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Ms. Tomoko Ha, Castro Valley resident and a commuter over the San Mateo bridge, wanted to hear how to make the area welcoming to people crossing the bridge, and making it welcoming to the area.
Mr. Tom Ferreira, Hayward resident, wondered if there was opportunity for solar lighting on the walking trail to make it more inviting in the evenings.
Mr. Jerry Owen, applicant on behalf of U-Haul, noted a salt grinding screw would be maintained as a piece of history, added he would discuss the suggestion of pervious concrete with EBRPD, was agreeable to a “Welcome to Hayward” sign; agreed to continue conversation with labor groups to reach agreement; noted his team’s goal was to create a new attractive building; reaffirmed there would be no storage of U-Haul trucks; and added the front portion would be the main regional office.
Mayor Halliday closed the public hearing at 8:15 p.m.
Council Member Lamnin disclosed she met with the applicant at the proposed site. Mayor Halliday, Council Member Zermeño, Council Member Wahab , Council Member Salinas and Council Member Márquez disclosed they had separately met with the applicant via Zoom.
In response to Council Member Zermeño’s request to elaborate on local hire and discussion with unions, Mr. Owen said he had not come to agreement with the unions but was interested in using ironworkers, plumbers, and others. Mr. Owen noted he also was working with the Historical Society.
In response to Council Member Wahab’s concern for the security of items planned to be stored onsite, Mr. Owen said there would be cameras, security lighting and would consider a security officer. Council Member Wahab was concerned the lights might disturb the habitat and did not think potential environmental impacts were mitigated, was concerned there was no labor agreement in place; and preferred to delay the project until pendi ng items were further improved.
Council Member Salinas indicated the project was presented to the Economic Development Committee and its members offered feedback, noted the mitigation to the environmental impact was not satisfactory, did not see the needed “wow” factor, and added that the overall vision for the proposed site was for a biotech, farm tech, and high-tech industry yielding more jobs and greater revenue.
Council Member Salinas made a motion to uphold the Planning Commission’s ruling to deny the project. The motion died for lack of a second.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
Council Member Márquez expressed she was looking for a community benefit, asked the City Attorney to advise on how to resolve a labor commitment and pending issues, noted a workable path was needed to improve the site , and stressed the importance of giving clear direction to the applicant. At the request of Council Member Márquez, Ms. Schmidt was able to play the applicant ’s video which was a n animated site tour of the proposed U-Haul development. In response to Council Member M árquez, Assistant City Attorney Brick noted the project could be deferred to a future date certain to allow staff time to work on the community benefits.
Council Member Lamnin thought the project c ould benefit from a dark-sky initiative; was open to continue t he item to January and further explore the stormwater risk, permeable paving, and signage; added there were risks of continued blight, calls for service and harm to the shoreline if the project did not move ahead; and favored working out the community benefits and finalizing labor issues.
Council Member Andrews noted that while she had concerns about building in the area, she thought it would be better to ha ve a bu ilding with less occupancy along the shoreline, wondered if the use of glass on the building surface could be revisited, favored delaying the project to give time to connect with labor groups, did not think the art piece/sign should be U- Haul’s respo nsibility to create and maintain, and wanted clarification on the community engagement.
Mayor Halliday agreed there was cons ensus around concern about the development of a gateway to the City; did not want to perpetuate the look of the current building; noted the property was zoned for industrial use; added the tour video was much improved from earlier project renderings; liked bringing the tra il around to the west side ; wanted an agreement between the applicant and trade unions; thought City staff could help design and erect a welcome sign and the developer could dedicate the land for such sign; and sought a concrete proposal to preserve the history of the site.
Council Member Zermeño noted the proposed project was better than what was on the land presently; agreed to continue the item to consider planting more trees, firm up a proposal for public art and welcome sign and have a definite agreement with labor unions; liked that an improved proposal would provide jobs and property tax.
Council Member Zermeño made a motion to continue the hearing to January 18, 2022, to give City staff and the applicant time to work out areas of concern raised during the hearing.
Council Member Salinas seconded the motion and noted the focus areas to be enhanced included: work out clear arrangement s with specific labor groups ; enhance the outdoor environment with community benefit ; include a “wow” factor , perhaps dedication of land to erect a sign; and preservation of history.
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Council Member Wahab suggested to continue the item to the first we ek in February to have enough time for su bstantial conversation ; and stressed focu sing on more robust environmental impact mitigations, requiring onsite security , considering a full Project Labor Agreement, and including preservation of history.
City Manager McAdoo suggested to maintain the January 18, 2022, date, and if the applicant needed more time, the item could be continued to a date certain in February 2022.
Council Member Márquez expressed support for the motion and highlighted three focus areas: update on labor agreements, dedicated land for the signage and address stormwater issues. Ms. Márquez stressed she did not want to see any building design changes.
In response to Mayor Halliday’s question, Mr. Owen responded he understood all that had been discussed, and was ready to get to work on the items identified at the meeting.
It was moved by Council Member Zermeño, seconded by Council Member Salinas, to continue the public hearing to January 18, 2022, to give the applicant time to address concerns raised during the meeting, and carried by the following roll call vote,
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL ANNOUNCEMENTS
Council Member Márquez wished all a happy and healthy holiday season, acknowledged the three Council appointed officers, the E xecutive Team and City staff for another challenging year with COVID and ensuring the City continued to operate.
Council Member Salinas supported Council Member Marquez’s remarks, and agreed it was a difficult year with COVID, tha nked City staff fo r all the extraordinary work connecting residents to much needed services, and wished all happy holidays.
Council Member Zermeño wished a happy holiday season to all and delivered remarks in Spanish thanking employees and residents for a successful year and wishing all a happy new year.
Council Member Andrews wished happy holidays , recognized City staff and organizations who organized the Light Up the Season event, and thanked Environmental Services Manager Pearson for informing the community about the Renewal 100 energy program.
Mayor Halliday echoed the comments thanking staff for the extraordinary work during the pandemic, thanked commu nity organizations f or their work , and appreciated those who attended the Light Up the Season event.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
COUNCIL REFERRAL
11. City Council Referral: Guaranteed Basic Income RPT 21-140
Staff report submitted by Assistant City Manager Ott, dated December 14, 2021, was filed.
Mayor Halliday noted the referral was submitted by Council Member Andrews and Council Member Wahab.
Council Member Andrews and Council Member Wahab provided a syn opsis of the Council policy referral relating to a Guaranteed Basic Income pro gram to support resi dents in the community.
Council Member Andrews made a motion to move the item a nd Council M ember Wahab seconded the motion.
There being no requests to speak, Mayor Halliday opened a nd closed the pub lic comment section at 9:15 p.m.
Council Member Salinas asked that the City Council be provided an inventory list of all the different programs and amounts the City was currently dispersing to the community.
Council Member Lamnin appreciated her colleagues’ dedication to help those in need ; however, she could not support the referral indicating the intent of the referral was already met with allocations to the Shallow Subsidy and Wealth Building programs and Basic Income initiative; and preferred to reflect values in programs already happening or included in the City’s Legislative Program.
Mayor Halliday had concerns with the concept of the proposal; noted the City continued to address the needs of residents through housing and com munity services and allocation of funding; acknowledged the success of the City of Stockton’s program; did not support moving the referral forward but supported staff’s recommendation in the staff analysis memo to keep the proposal for consideration in the next three-year Strategic Roadmap effort.
Council Member Zermeño appreciated the idea but was concerned about the funds noting $1 million would be needed to help only 1,000 people in Hayward, with a current population of 160,000; and wanted to make sure staff’s recommendation in the analysis was considered.
Mayor Halliday asked the motion maker and second er if they would be amena ble to considering a modified motion.
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Council Member Andrews was amenable to consider a modified motion.
Council Member Márquez thanked her colleagues for bringing the concept forward with the six components, supported approving the referral to move the analysis further, understanding a potential policy would need to be vetted.
City Manager McAdoo expressed concern about staff capacity and workload related to the first bullet of the policy proposal which read, “directing staff to prioritize a Guaranteed Basic Income program and to find potential sources for funding and operators to distribute $500 to $1,000 a month for 18 months program to combat poverty.”
Council Member Andrews clarified her intent was to seek and leverage donations from private partners to fund a Guaranteed Basic Income program and the effort could be part of a potential Wealth Building program.
Council Member Wahab noted the referral was a concept/idea and details could be worked out, and added the proposal was an anti-poverty tool to help the most vulnerable population.
Council Member Salinas understood the intent of the proposal was to have a concept supported by Council , and in the event funds for a Universal Basi c Income (UBI) became available, the City could apply for funds to be used for a program; and recommended amending the first bullet by changing the text, “directing staff to prioritize a Guaranteed Basic Income program and to find potential sources for funding and operators…” with “Research a Guaranteed Basic Income program and if potential funding sources are found connect them to operators…”
Council Member Lamnin reminded Council they had agreed to pay attention to allocation of staff resources and asked to clarify if the intent be hind the policy was a statement of fundamental belief or direction for staff to research.
Council Member Zermeño offered a friendly amendment to the motion by removing the word “prioritize,” dollar amounts and timeline from the first bullet of the policy proposal.
Mayor Halliday noted she would not support the referral.
Council Member Andrews did not think the referral would be controversial, was amenable to accepting the friendly amendment to the motion or keeping it as one that staff would research along with a potential Wealth Building program.
Council Member Zermeño clarified the friendly amendment in cluded directing staff to research a Guaranteed Basic Income program and find potential sources of funding.
Council Member Andrews and Council Member Wahab accepted the friendly amendment.
Council Memb er Wahab noted there were differences with Universal Basi c Income , Guaranteed Basic Income , and Citizen’s Income programs and the Council need ed more information on them.
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform - Zoom
https://hayward.zoom.us/j/85167418194?pwd=NGR5WGhZQ285ZHg5c0RSeDRkZFFsQT09 Tuesday, December 14, 2021, 7:00 p.m.
Council Member Lamnin offered that Council could take out the first and last bullet point from the proposed policy and instead have language about incorporating best practices regarding basic i ncome into the upcoming Strategic Roadmap review, Shallow Subsidy and Wealth Building programs, and expand advocacy to include in upcoming Hayward’s Legislative Program update and position the City to leverage State venture capi tal funding to benefit residents.
City Manager McAdoo noted she heard consensus to research the Guaranteed Basic Income in the context of a Wealth Building program; and noted it could be searched in the FY2021-2023 Strategic Roadmap.
Discussion ensued among members of the City Council and City Manager McAdoo . The original motion was withdrawn, and a new motion offered as noted below.
It was moved by Counci l Member Andrews, seconded by Council Member Wahab, to direct staff to incorporate policy points and research items in the referral memo , research Guaranteed Basic Income programs as part of Wealth Building program s staff is evaluating along with a community outreach process scheduled to happen in FY 2023-24 with stimulus dollars; and carried by the following roll call vote.
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
ADJOURNMENT
Mayor Halliday adjourned the special meeting at 10:19 p.m., in memory of Kevin Nishita, Robert Warren and Gene Rapp.
Kevin Nishita was a former police officer of the Hayward Police Department from 1995 until 2001 working as officer in Patrol and detective within the Investigations Bureau; served on other Police departments; and provided security for a KRON4 news crew when he was killed.
Mr. Robert Warren was a descendant of the Garin and Warren families who helped settled California, particularly the Garin Park area; lived in Castro Valley; was a former member and past president of the Hayward A rea Historical Society; served on the Alameda County 100 Club Board of Directors ; served on the Board of Eden Hospital Medical Foundation; and served on the Board of the Rowell Ranch Rodeo.
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Mr. Gene Rapp was the owner and CEO at Saint Regis Retirement Ce nter; was a l ocal businessman; was a realtor and developer; and took interest in Hayward seniors.
Mayor Halliday asked City staff to work with the three families and Council Member Salinas to find suitable places to plant trees in memory of Kevin Nishita, Robert Warren, and Gene Rapp.
Mayor Halliday wished everyone a happy and safe holiday season, encouraged all to wear a mask and get vaccinated if needed.
APPROVED
__________________________________________________________ Barbara Halliday
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-039
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Ms. Varsha Chauhan from the Community Services Commission, Effective Immediately
RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Ms. Varsha Chauhan from the Community Services Commission, effective immediately.
SUMMARY
Ms. Varsha Chauhan was appointed to the Community Services Commission on September 10, 2019. Ms.
Chauhan’s resignation becomes effective immediately, per her resignation letter (Attachment III).
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a Resolution Accepting the Resignation of Ms. Varsha Chauhan from the Community Services Commission, Effective Immediately
RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Ms. Varsha Chauhan from the Community Services Commission, effective immediately.
SUMMARY AND DISCUSSION
Ms. Varsha Chauhan was appointed to the Community Services Commission on September 10, 2019. Ms. Chauhan’s resignation becomes effective immediately, per her resignation letter (Attachment III).
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC INITIATIVES
The agenda item is a routine operational item and does not relate to the Council’s Strategic Roadmap.
NEXT STEPS
The Council will consider an action item on this same agenda to consider filling Ms. Chauhan’s vacancy with one of the listed alternates for the Commission.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 22-
Introduced by Council Member __________
RESOLUTION ACCEPTING THE RESIGNATION OF M S. VARSHA CHAUHAN
FROM THE COMMUNITY SERVICES COMMISSION
WHEREAS, Ms. Varsha Chauhan was appointed to the Community Services Commission on September 10, 2019; and
WHEREAS, Ms. Varsha Chauhan submitted a resignation letter on January 3, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Ms. Varsha Chauhan ; and commends her for her civic service to the City.
IN COUNCIL, HAYWARD, CALIFORNIA, __________________________________.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
From: Varsha Chauhan < >
Sent: Monday, January 3, 2022 2:37 PM
To: Evelyn Olivera <[email protected]>; Sara Lamnin <[email protected]> Cc: Monica Davis <[email protected]>; Carol Lee <[email protected]> Subject: Resignation
Wishing you all a very Happy New Year. After reflecting on my contributions in the committee, I find that someone else may be able to contribute better/more. That said, please accept my resignation effective immediately.
It has been a pleasure to serve on the committee and I wish the committee and city of Hayward all the best.
Thanks
Varsha
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-040
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Appointing Ms. Hazel De Leon to the Community Services Commission to Fulfill the Unexpired Term of Ms. Varsha Chauhan
RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Ms. Hazel De Leon to the Community Services Commission to fulfill the unexpired term of Ms. Varsha Chauhan, which will expire on September 30, 2025.
SUMMARY
Following the July 27, 2021 City Commission interviews, the Council established an alternate list comprising eligible applicants who were not selected to fill vacancies because there were not enough seats to appoint them. The alternate list comprises four Hayward residents who were nominated for specific commissions as follows: Mr. George Syrop and Ms. Hazel De Leon (Community Services Commission); Ms. Shareen Purcell (Library Commission); and Ms. Arti Garg (Planning Commission). The alternate list will be valid for one year and will expire at the beginning of the new recruitment process.
The Council, during its September 21, 2021, Council meeting confirmed the list of alternates by commission. It is worth noting that Mr. George Syrop was appointed to the Community Services Commission at the end of 2021 to fill the unexpired term of Ms. Arzo Mehdavi.
On January 3, 2022, Ms. Varsha Chauhan submitted a letter of resignation, which created another unexpected vacancy on the Community Services Commission. Ms. Hazel De Leon, who is a Community Services Commission alternate, was contacted to confirm her eligibility status and her interest for serving on the Community Services Commission. If appointed to the Community Services Commission, Ms. Hazel De Leon’s term would be effective January 18, 2022, and would end on September 30, 2025.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-040
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
powered by Legistar™
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt a Resolution Appointing Ms. Hazel De Leon to the Community Services Commission to Fulfill the Unexpired Term of Ms. Varsha Chauhan.
RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Ms. Hazel De Leon to the Community Services Commission to fulfill the unexpired term of Ms. Varsha Chauhan, which will expire on September 30, 2025.
SUMMARY AND DISCUSSION
Following the July 27, 2021 City Commission interviews, the Council established an alternate list comprising eligible applicants who were not selected to fill vacancies because there were not enough seats to appoint them. The alternate list comprises four Hayward residents who were nominated for specific commissions as follows: Mr. George Syrop and Ms. Hazel De Leon (Community Services Commission); Ms. Shareen Purcell (Library Commission); and Ms. Arti Garg (Planning Commission). The alternate list will be valid for one year and will expire at the beginning of the new recruitment process. The Council, during its September 21, 2021, Council meeting1, confirmed the list of alternates by commission. It is worth noting that Mr. George Syrop was appointed to the Community Services Commission at the end of 2021 to fill the unexpired term of Ms. Arzo Mehdavi.
On January 3, 2022 , Ms. Varsha Chauhan submitted a letter of resignation, which created another unexpected vacancy on the Community Services Commission. Ms. Hazel De Leon, who is a Community Services Commission alternate, was contacted to confirm her eligibility status and h er interest for serving on the Community Services Commission. If appointed to the Community Services Commission, Ms. Hazel De Leon’s term would be effective January 18, 2022, and would end on September 30, 2025.
1 September 21, 2021 City Council Meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5142639&GUID=BFFDD5B6-F1A6-437A-9246- 64F1AD9C2DC3&Options=&Search=
FISCAL IMPACT
There is no fiscal impact associated with this report.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
NEXT STEPS
Following Council’s action, Ms. Hazel De Leon will take her oath of affirmation prior to her first Community Services Commission meeting.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_____________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION No. 22-
Introduced by Council Member __________
RESOLUTION APPOINTING MS. HAZEL DE LEON TO THE COMMUNITY SERVICES COMMISSION TO FULFILL THE UNEXPIRED TERM OF MS. VARSHA CHAUHAN WHEREAS, the City Council conducted its annual recruitment for Commissions and Keep Hayward Clean and Green Task Force from April 13, 2021, to June 30, 2021; and WHEREAS, on July 27, 2021, the City Council interviewed twelve applicants to fill nine vacancies on the Community Services Commission; and
WHEREAS, due to the limited number of vacancies on the Community Services Commission, Ms. Hazel De Leon was not appointed to the Community Services Commission but was placed on the Alternate List; and
WHEREAS, Community Services Commissioner Varsha Chauhan resigned due to unforeseen circumstances, effective January 3, 2022.
THEREFORE, BE IT RESOLVED by th e City Council of the City of Hayward that Ms.
Hazel De Leon is selected from the alternate list to fulfill Ms. Chauhan’s unexpired term, which will expire on September 30, 2025.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-044
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Manager
City Clerk
SUBJECT
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361
RECOMMENDATION
That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.
SUMMARY
On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms. While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-044
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Manager
City Clerk
SUBJECT: Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361
RECOMMENDATION
That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.
SUMMARY
On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, inclu ding providing public access and participation via call -in or internet-based platforms. While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative b ody must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or , state or local officials continue to impose or recommend measures to promote social distancing.
BACKGROUND
In general, the Brown Act allows legislative bodies to use teleconferencing during a public meeting as long as certain requirements are met, such as:
Identification of any remote location from which a member of the legislative body is participating via teleconference;
Posting of agendas at all remote locations from which members of the legislative body are participating;
Public accessibility to the remote location and the technological means for allowing the public to participate in the meeting from the location; and A quorum of the members must be participating from a location within the jurisdiction of the legislative body.
In response to the COVID 19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N-29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements.
With the expiration of Executive Order N-29-20, AB 361 amends the Brown Act to allow virtual public meetings during a state of emergency proclaimed by the Governor. A local agency may hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real-time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body.
AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency. However, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist:
The state of emergency continues to directly impact the ability of the members to meet safely in person; or
State or local officials continue to impose or recommend measures to promote social distancing.
DISCUSSION
Current orders of the Alameda County Health Official satisfy both conditions necessary for the AB 361 findings described above:
Order No. 20-05f, originally issued April 3, 2020 and most recently amended on January 7, 2022, imposes a mandate that all individuals diagnosed or likely to have COVID 19 must isolate themselves and follow requirements further specified in the Order.
Order No. 20-06m, originally issued April 3, 2020 and most recently amended on January 7, 2022, imposes a quarantine requirement on individuals who have had close contact to a person infected with COVID 19 unless specific criteria described in the order are met.
In response to circulation of the Delta variant of COVID 19, Order No. 21-06 (effective on December 8, 2021) requires all individuals within the County of Alameda to wear face coverings when indoors in workplaces and public settings, with limited exemptions, and recommends that businesses make face coverings available to individuals entering the business.
Additionally, the California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces through February 15, 2022.
Alameda County Health Order No. 21- 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not necessarily involve a stable group of vaccinated individuals.
Currently, the Council is holding hybrid Council meetings that allow for virtual participation via the Zoom platform as well as in-person participation. This format also allows for real-time public comments, in compliance with AB 361. All in-person participants are required to document they are fully vaccinated against COVID-19 before entering the Council chamber. In compliance with Alameda County public health orders, everyone inside the Council chamber is required to wear a mask or other face-covering. All City commissions, task forces, and Council committees continue meeting entirely virtually over the Zoom platform.
Based on the above, staff recommends that the Council adopts the attached resolution making the necessary findings to allow the Council and the appointed boards and commissions identified in Exhibit A to the resolution to continue holding teleconferenced meetings pursuant to AB 361.
FISCAL IMPACT
There is no fiscal impact associated with this action.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
NEXT STEPS
Adoption of the resolution will allow the Council and specified appointed boards and commissions to hold a subsequent teleconferenced meeting pursuant to the provisions of AB
361. Additional resolutions must be adopted every thirty days during the existen ce of the state of emergency in order to continue holding teleconferenced meetings.
Prepared and Recommended by: Kelly McAdoo, City Manager Miriam Lens, City Clerk
Approved by:
___________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO AB 361
TO CONTINUE TO HOLD TELECONFERENCED PUBLIC MEETINGS
DURING THE COVID 19 STATE OF EMERGENCY
WHEREAS, the Brown Act (Government Code section 54950 et seq. ) allows for public meetings of a legislative body to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction; and WHEREAS, in response to the COVID 19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N-29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements; and WHEREAS, the Governor signed AB 361 prior to the expiration of Order N-29-20; and WHEREAS, AB 361 amends the Brown Act to the legislative body of a local agency to hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real -time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body; and
WHEREAS, AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency, however, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings specified in the statute justifying the continued use of teleconferenced public meetings; and WHEREAS, it shall be the policy of the City that the appointed boards and commissions of the City will hold teleconferenced public meetings in compliance with the provisions of AB 361 during the COVID 19 state of emergency; and
ATTACHMENT II
WHEREAS, the COVID 19 state of emergency declared by the Governor remains active; and
WHEREAS, public meetings involve many people in shared indoors spaces for hours, when the number of people present does not always allow for a minimum six foot distance between persons, and close contacts raise the risk of the spread of COVID-19; and
WHEREAS, the California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces through February 15, 2022; and
WHEREAS, the Alameda County Health Officer has issued Order No. 20-05f (originally issued April 3, 2020 and most recently amended on J anuary 7, 2022 ) imposing a mandate that all individuals diagnosed or likely to have COVID 19 must isolate themselves and follow requirements further specified in the Order; and
WHEREAS, the Alameda County Health Officer has issued Order No. 20 -06m (originally issued April 3, 2020 and most recently amended on January 7, 2022) imposing a quarantine requirement on individuals who have had close contact to a person infected with COVID 19 unless specific criteria described in the order are met; and
WHEREAS, the Alameda County Health Officer has issued Order No. 21-06 (effective on December 8, 2021) which requires all individuals within the County of Alameda to wear face coverings when indoors in workplaces and public settings, with limited exemptions, and recommends that businesses make face coverings available to individuals entering the business; and
WHEREAS, Alameda County Health Order No. 21 - 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not necessarily involve a stable group of vaccinated individuals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward makes the following findings pursuant to AB 361 to continue holding teleconferenced public meetings during the COVID 19 state of emergency:
The City Council has reconsidered the circumstances of the state of emergency. The COVID 19 state of emergency declared by the Governor remains active and continues to directly impact the ability of Councilmembers to meet safely in-person. State and local officials continue to recommend or impose measures to promote social distancing.
The Alameda County Health Officer has issued orders imposing measures to promote social distancing via isolation and quarantine of individuals infected or likely infected with COVID 19 and individuals with close contact to persons infected with COVID 19.
ATTACHMENT II
The Alameda County Hea lth Officer has issued order s imposing a mask mandate on all individuals in Alameda County, regardless of vaccination status, in all indoor public settings venues, gatherings, and workplaces.
The California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces through February 15, 2022.
BE IT FURTHER RESOLVED that in the interest of public health and safety, based on the findings contained herein, the City Council of the City of Hayward and the appointed boards and commissions identified in Exhibit A of this Resolution shall continue to hold teleconferenced public meetings pursuant to AB 361.
IN COUNCIL, HAYWARD, CALIFORNIA ___________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: _______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
EXHIBIT A
Community Services Commission
Keep Hayward Clean and Green Task Force
Library Commission
Personnel Commission
Planning Commission
Council Airport Committee
Council Budget and Finance Committee
Council Economic Development Committee
Council Infrastructure Committee
Council Homelessness-Housing Task Force
Council Sustainability Committee
Hayward Youth Commission
Hayward Police Department Community Advisory Panel
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-001
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $242,865 in Grant Funding from the Federal Emergency Management Agency for the Creation of Defensible Space in the Hayward Hills Project
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $242,865 in grant funding from the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program for the creation of defensible space in the Hayward Hills Project (Defensible Space Project).
SUMMARY
In October 2020, the Hayward Fire Department was awarded a pre-planning grant of $21,132 to conduct a defensible space campaign, strengthen partnerships, and plan out the demonstration process. After careful planning across three departments, the City successfully completed phase I of the three-year project and was awarded an additional $242,865 by FEMA’sHazard Mitigation Grant Program (HMGP) to prepare for and implement a large-scale project, Creation of Defensible Space in the Hayward Hills and Five Canyons. The scope of work for the project consists of creating a full-scale outreach campaign to educate the Hayward and Fairview communities on wildfire behavior, the importance of defensible space for wildfire mitigation, and to demonstrate how to create defensible space. The project is focused on the Ward Creek Drainage area and demonstrations will be visible in a high-trafficked area.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Fire Safety Mailer
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-001
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DATE:
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $242,865 in Grant Funding from the Federal Emergency Management Agency for the Creation of Defensible Space in the Hayward Hills Project
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $242,865 in grant funding from the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation Grant Program for the creation of defensible space in the Hayward Hills Project (Defensible Space Project).
SUMMARY
In October 2020, the Hayward Fire Department was awarded a pre-planning grant of $21,132 to conduct a defensible space campaign, strengthen partnerships, and plan out the demonstration process. After careful planning across three departments, the City successfully completed phase I of the three -year project and was awarded an additional $242,865 by FEMA’s Hazard Mitigation Grant Program (HMGP) to prepare for and implement a large-scale project, Creation of Defensible Space in the Hayward Hills and Five Canyons. The scope of work for the project consists of creating a full-scale outreach campaign to educate the Hayward and Fairview communities on wildfire behavior, the importance of defensible space for wildfire mitigation, and to demonstrate how to create defensible space. The project is focused on the Ward Creek Drainage area and demonstrations will be visible in a high-trafficked area.
BACKGROUND
HMGP funds are awarded to local agencies that have identified plans and projects that reduce the effects of future natural disasters. Program goals include improving the resiliency of communities and implementing effective mitigation strategies in high-risk areas. In October 2020, HFD was awarded a pre-planning grant of $21,132 to conduct a defensible space campaign, strengthen partnerships, and plan out the demonstration process.
As part of the Phase 1 work, HFD worked with the City’s Public Information Officer and staff to inform Hayward Hills and Fairview residents of the City’s efforts. Staff conducted a full-scale
outreach and education plan to increase knowledge about wildfires, reiterate the importance of mitigation strategies for property owners, and address general safety concerns. The defensible space project is based on a previously delivered and successful educational campaign on defensible space creation. HFD designed this project’s campaign by evaluating past program designs and making strategy adjustments to promote even more resident buy-in and maintenance. In addition, staff also conducted stakeholder outreach and presented to the City’s community partners, including the East Bay Regional Park District (EBRPD), Hayward Area Recreation District (HARD), and Pacific Gas & Electric (PG&E), and asked for their participation to deliver messages to the community on the campaign. HFD also conducted educational workshops and produced educational materials and a video for reference (Attachment III). Upon completing Phase I planning and campaigning activities, FEMA approved $242,865 of grant funding to complete Phase II activities.
DISCUSSION
The Creation of Defensible Space in the Hayward Hills and Five Canyons project consists of an education campaign and demonstration that aims to provide defensible space education and promote participation by communities within a two-mile radius of the Ward Creek Drainage area. The purpose of this project is to inform residents on what defensible space is and demonstrate how to create defensible space on their property.
The City of Hayward’s Fire, Utilities, and Maintenance Department staff will partner with HARD and PG&E to conduct a large-scale demonstration project visible in a high-trafficked area around the Ward Creek Drainage area. The Ward Creek Drainage area is a large canyon at Walpert Ridge (elevation 1,300 feet) and terminates at Mission Boulevard (elevation 300 feet). It is approximately 1,200 acres. The site includes a mix of grassland and heavy brush and sits on the top of south/southwest-facing slopes. The riparian zone and north-facing slopes are oak woodland with some scattered stands of eucalyptus. Heavy ladder fuels with brush, down−dead wood, litter, and duff are found throughout the hills, where 1,184 residential properties are situated. The Ward Creek Canyon extends along the City of Hayward, unincorporated Fairview, and private properties.
This project also includes the HFD Chipping Program, which incentivizes residents to maintain the pruning of lower limbs on trees and removal of dead materials and aged shrubs. Residents may “apply” and select a week for chipping between the beginning of fire season (spring) and in the late summer-fall, when wildfire awareness is heightened. Residents are expected to cut and stack the materials along their driveways or curbs for the contractor(s) to collect weekly. Chips will be hauled and disposed of offsite as green waste. If a resident cannot perform their maintenance, they can apply to HFD’s Resident Assistance Program. This program is grant-funded and assists residents with limited physical abilities or who need economic assistance to participate in the Chipping Program.
ECONOMIC IMPACT
This project has no direct economic impact.
FISCAL IMPACT
By accepting this grant, the City will receive $242,865 in reimbursement for the activities completed to continue the education campaign and conduct large-scale demonstrations for Hayward residents. The match requirement of 25% ($80,955) for the City will be met through existing staff salaries paid through General Fund monies. No additional staff will be required to complete the work for this project. HFD would not be able to conduct a project of this scale without the grant and opportunity for staff hours used for cost-share.
STRATEGIC ROADMAP
This item is not directly tied to a project identified in the Strategic Roadmap; however, creating defensible space to mitigate wildfire risk and property loss will benefit all members of the Hayward community.
SUSTAINABILITY FEATURES
This project is an educational campaign and does not go above and beyond minimum code requirements, as identified by the Fire Chief, to maintain and protect the wildland-urban interface.
NEXT STEPS
With Council approval, staff will accept the grant funds and start planning the Phase II activities.
Prepared by: Shanalee Gallagher, Management Analyst
Recommended by: Garrett Contreras, Fire Chief
Approved by:
_________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-__
Introduced by Council Member __________
ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE $242,865 IN GRANT FUNDING FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY FOR THE CREATION OF DEFENSIBLE
SPACE IN HAYWARD HILLS PROJECT
WHEREAS, the Federal Emergency Management Agency’s (“ FEMA”) Hazard Mitigation Grant Program awarded the City of Hayward Fire Department $242,865.00 for the Creation of Defensible Space in the Hayward Hills Project; WHEREAS, this money was awarded in order to fund the large-scale demonstration project in the Ward Creek Drainage area and to provide defensible space education and promote participation in communities at risk for wild fires; and WHEREAS, the 25% non -federal cost share will be contribution of staff hours up to $80,955.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to accept and appropriate the grant for the amount of $242,865 for the Creation of Defensible Space in Hayward Hills Project.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
LET’S GET FIRE SAFE
Hayward, Fairview & Five Canyons!
The Hayward Fire Department is preparing a new education, assistance and prevention program to improve wildfire safety ahead of the 2021 wildfire season.
THIS PROGRAM FOCUSES ON HOW WE CAN WORK TOGETHER TO KEEP OUR COMMUNITIES SAFE BY:
· Creating defensible space around our homes
· Introducing fire-resistant landscaping
· Learning safer ways to use garden equipment to avoid
sparking fires
PPR-32260-Hayward fire-safety PC.indd 1PPR-32260-Hayward fire-safety PC.indd 1 3/16/21 12:05 PM3/16/21 12:05 PM City of Hayward
777 B Street
Hayward, CA 94541Dear Neighbors:
As we all look to support each other and
keep our families safe, we invite you to learn
more about how you can work with your
neighbors and the Hayward Fire Department
toward a wildfire-safe community!
HEAD TO OUR WEBSITE to find dates and
times for meetings, trainings, drills and more:
www.hayward-ca.gov/fire-safe
[email protected]
(510) 583-4930
SCAN TO LEARN MORE!
#FireSafeHayward
#FireSafeFairview
#FireSafeFiveCanyons
PRESORTED
FIRST CLASS
US POSTAGE
PAID
Pacific Print
Resources
PPR-32260-Hayward fire-safety PC.indd 2PPR-32260-Hayward fire-safety PC.indd 2 3/16/21 12:05 PM3/16/21 12:05 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-010
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with HydroScience Engineers, Inc., Increasing Project Design and Engineering Services for the Sewer and Water Line Improvements Project by $175,000 for a Total Not-to-Exceed Contract Amount of $1,642,865
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the professional services agreement (PSA) for project design and engineering services with HydroScience Engineers, Inc., (HydroScience) in an amount not-to-exceed $175,000, resulting in a total contract amount of $1,642,865 for the Sewer and Water Line Improvements Project (Project).
SUMMARY
The project design for the Project started in September 2020. Design for the Water portion of the Project has been completed and was approved by Council with bids to be received on January 11, 2022. Design for the Sewer portion of the Project is anticipated to be completed by February 2022.
The scope of work for the sewer portion has increased due to unanticipated changes in site conditions, additional services requested by the City, incomplete data from the City’s database, and additional efforts required to adjust incorrect existing data. As a result, the PSA requires an additional authorization amendment of $175,000 for a total not-to-exceed contract amount of $1,642,865.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT:
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with HydroScience Engineers, Inc., Increasing Project Design and Engineering Services for the Sewer and Water Line Improvements Project by $175,000 for a Total Not-to-Exceed Contract Amount of $1,642,865
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the professional services agreement (PSA) for project design and engineering services with HydroScience Engineers, Inc., (HydroScience) in an amount not-to- exceed $175,000, resulting in a total contract amount of $1,642,865 for the Sewer and Water Line Improvements Project (Project).
SUMMARY
The project design for the Project started in September 2020. Design for the Water portion of the Project has been completed and was approved by Council with bids to be received on January 11, 2022. Design for the Sewer portion of the Project is anticipated to be completed by February 2022. The scope of work for the sewer portion has increased due to unanticipated changes in site conditions, additional services requested by the City, incomplete data from the City’s database, and additional efforts required to adjust incorrect existing data.
As a result, the PSA requires an additional authorization amendment of $175,000 for a total not-to-exceed contract amount of $1,642,865.
BACKGROUND
The water portion of the Project includes replacing approximately 26,600 linear feet of existing 4, 6, 8, and 12-inch cast iron, ductile iron, and asbestos cement pipes throughout the City. The sewer portion of the Project includes replacing approximately 18,500 linear feet of existing 6, 8, 10 and 12-inch sanitary sewer vitrified clay, asbestos cement, and high-density polyethylene pipes.
On September 15, 20201, Council approved Resolution No. 20-141, authorizing the City Manager to enter into a PSA with HydroScience for design services and technical support, during construction in an amount not-to-exceed $1,467,865.
On December 7, 20212, Council approved Resolution No. 21-631, adopting an Initial Study/Mitigated Negative Declaration, approving the Plans and Specifications, and calling for bids to be received on January 11, 2022 for the Water Line Improvements Project.
DISCUSSION
During the design of the Sewer Project, HydroScience provided additional design and engineering services which were not anticipated at the time of the original contract negotiation and incurred costs that exceeded the budgeted amount. An amendment to the PSA is needed due to the following:
1) BART Crossing Permit at Torrano Ave. – The PSA anticipated preparing permit applications for two Union Pacific Railroad crossings, but no application for crossing the BART track at the end of Torrano Ave. This required revising the design to meet BART’s pipeline crossing requirements and the preparation of a third permit application.
The cost for this effort is $5,470.
2) Alternate alignments for the sewer line at Torrano Ave. – At the same Torrano Ave. location, it was discovered that an existing storm drain line was conflicting with the new sewer alignment. This conflict was not apparent until after survey elevation and record drawings were obtained. HydroScience met with staff multiple times to discuss alternate approaches and solutions. Four alternate alignments were developed. This required extensive record research, alignment selection, flow modeling, and conferring with the City.
The cost for this effort is $16,200.
3) Flood Control channel modifications at Torrano Ave. – Out of the four alternative alignments mentioned above, the alignment selected by the City requires constructing the new sewer main through the bottom of the Alameda County Flood Control storm channel.
This will require modification of the County’s flood control channel wall to install the new sewer pipeline, encase the pipeline in concrete, and restore the channel walls to original condition. This approach required structural engineering assistance and preparation of details for the construction and restoration of the channel wall.
The cost for this effort is $10,010.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4640098&GUID=DAAB6C51-8A86-47A4-B5D0-35F45982BD1F&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=5347829&GUID=B1C01790-44AD-4D1E-A005-CD3DADA51E29&Options=ID|Text|&Search=
4) Additional sewer line replacement at Meek Ave. – The City requested to extend the new 12” sewer line replacement by another 570 linear feet. This additional replacement section is being added to the project late into the design process. As a result, HydroScience will expedite their design efforts to meet the delivery timeline.
The cost for this effort is $36,740.
5) CCTV procurement effort and lateral locations from alternate sources – Closed-circuit television (CCTV) is used to inspect the interior conditions of the City’s sewer collection system. Due to the proprietary software used by the City, HydroScience was unable to review much of the video information. Multiple attempts were made to visit the City’s facilities for in- person viewing but only a portion of the project’s footage was obtained. New COVID restrictions at the time added new and unfamiliar challenges to visiting City facilities.
HydroScience resorted to reviewing record drawings to identify sewer lateral connections in preparation of the project drawings.
The cost related to this is $18,300.
6) Update GIS mapping – When budgeting this project, HydroScience expected to utilize the topographic information contained in the City’s Geographic Information System (GIS) for preparation of the base mapping for the sewer project. However, the City’s GIS data was found to be inconsistent with field-surveyed data. Pipeline invert information was incomplete and what was available was found to be incorrect. As a result, a substantial amount of time was spent on additional surveying and adjustment of the base maps.
The cost related to this is $78,000.
The total cost of the extra work is $164,720 plus $10,280 for contingencies for a total of $175,000. This additional amount is needed for the services by HydroScience for the completion of Sewer Project design and engineering.
ECONOMIC IMPACT
Replacing the sewer mains, water mains, manholes, and appurtenances are part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. The Project will reduce operations and maintenance costs associated with servicing the high frequency, undersized, and structurally defective sewer mains, water mains, and structures. In addition, staff time attending to issues related to high frequency maintenance, sanitary sewer overflows, and system breaks will be reduced. The community will enjoy the benefits of the Project, including the continued operability and serviceability of the sewer collection and water distribution system. Furthermore, robust, and reliable water and sewer infrastructure can help foster economic development and viability in the City.
FISCAL IMPACT
The estimated project cost are as follows:
Total Project Cost
Engineering Services (Consultant) $ 1,642,865
Design and Construction Management – City Staff (Estimated) $600,000 Construction Contract (Estimated) $19,029,120
Inspection and Testing (Estimated) $300,000
Total $21,571,985
The adopted FY22 CIP includes $10,538,000 for the Water Line Improvements Project, Project No. 07093, and $11,117,000 for the Sewer Line Improvements Project, Project No. 07761. The construction cost is an engineer’s estimate. Given the current construction bidding climate, the Project needs to go through the bidding process to determine what the budget needs will be.
At that time staff would return to Council to request whether additional funds need to be appropriated to cover the total cost of the project.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap, which includes Improve Infrastructure as one of the strategic priorities. Specifically, this item relates to the implementation of the following projects:
Project 13b: Replace 4-6 miles of water pipelines annually.
Project 15: Upgrade sewer collection system by replacing 3-4 miles of sewer lines annually.
STAINABILITY FEATURES
The repair and replacement of deteriorating sewer lines reduces the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways. Furthermore, the repair and replacement of deteriorating water lines reduces potable water and energy losses.
PUBLIC CONTACT
There is no public contact needed for this item.
NEXT STEPS
If Council approves the resolution to amend the contract with HydroScience, staff will route the amendment to be executed by the City Manager, allowing the firm to continue to provide design and engineering services.
Prepared by: Sammy Lo, Associate Civil Engineer
Reviewed by: Tay Nguyen, Senior Utilities Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HYDROSCIENCE ENGINEERS, INC. IN AN AMOUNT OF $175,000, FOR PROJECT
DESIGN AND ENGINEERING SERVICES FOR THE SEWER AND WATER LINE
IMPROVEMENTS PROJECTS FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,642,865
WHEREAS, Council authorized and the aforesaid parties entered into an Agreement dated the 28th day of September 2020, entitled “Agreement for Professional Services between the City of Hayward and HydroScience Engineers, Inc., for Sewer and Water Line Improvements Project” for a total not-to-exceed amount of $1,467,865; and WHEREAS, the City and the Consultant desires to amend the Agreement in certain respects to provide additional unanticipated services for completion of project design and engineering services for the Sewer and Water Line Improvements Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to execute, on behalf of the City of Hayward, Amendment No. 1 to the agreement with HydroScience Engineers, Inc., for additional services in an amount not-to-exceed $175,000, thereby increasing the total contract amount to a total not-to-exceed $1,642,865 associated with the Sewer and Water Line Improvements Project, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA , 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST:
City Clerk of the City of Hayward
APPROVED AS TO FORM:
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-017
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Materials Testing and Special Inspection Services with Consolidated Engineering Laboratories for the Fire Station 6 and Fire Training Center Project by $450,000 for a Not-to-Exceed Amount of $1,125,000
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the professional services agreement (PSA) for materials testing and special inspection services with Consolidated Engineering Laboratories (CEL) in an amount not-to-exceed $450,000, thereby increasing the total contract amount to $1,125,000 for the Fire Station 6 (FS6) and Fire Training Center Project (FTC).
SUMMARY
The FS6 and FTC Project commenced construction on August 17, 2020, and is anticipated to be completed in Fall 2022.
Construction requires materials testing and special inspection services to ensure that the materials and construction comply with project plans, specifications, and codes. Furthermore, buildings owned by the Chabot-Las Positas Community College District (District) require testing and inspections pertaining to specific regulations of the Division of the State Architect (DSA).
On May 25, 2021, Council adopted the resolution authorizing the City Manager to execute the first amendment to the PSA with CEL in the amount of $325,000. The amended amount is nearly exhausted. A second amendment in the amount of $450,000 is necessary to complete the project.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement for Materials Testing and Special Inspection Services with Consolidated Engineering Laboratories for the Fire Station 6 and Fire Training Center Project by $450,000 for a Not-to-Exceed Amount of $1,125,000
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the professional services agreement (PSA) for materials testing and special inspection services with Consolidated Engineering Laboratories (CEL) in an amount not-to- exceed $450,000, thereby increasing the total contract amount to $1,125,000 for the Fire Station 6 (FS6) and Fire Training Center Project (FTC).
SUMMARY
The FS6 and FTC Project commenced construction on August 17, 2020, and is anticipated to be completed in Fall 2022. Construction requires materials testing and special inspection services to ensure that the materials and construction comply with project plans, specifications, and codes. Furthermore, buildings owned by the Chabot-Las Positas Community College District (District) require testing and inspections pertaining to specific regulations of the Division of the State Architect (DSA) . On May 25, 20211, Council adopted the resolution authorizing the City Manager to execute the first amendment to the PSA with CEL in the amount of $325,000.
The amended amount is nearly exhausted. A second amendment in the amount of $450,000 is necessary to complete the project.
BACKGROUND
In 2014, the voters of the City approved Measure C which authorized the City to increase the sales tax rate by one-half cent for, among other things, the restoration and maintenance of City services and facilities, including firefighting/emergency medical services. This project includes partnership with the District in the shared use of the FTC. 1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4960818&GUID=222CFF1F-7950-44E2-91FC-360B494F3E3F&Options=&Search=
Below is a list of major milestones for the FS6 and FTC project:
June 3, 2014: Voters approved Measure C, which authorized the City to increase the sales tax rate by one-half cent for twenty years to restore and maintain City services and facilities, including firefighting/emergency medical services.
October 10, 2014: The City’s consultant, RossDrulisCusenbery (RDC), completed a facility needs assessment for Fire Stations 1-6 and the FTC, which determined that all facilities needed substantial upgrades.
May 26, 20152: Council authorized the City Manager to negotiate and execute an agreement with RDC for design services for Fire Stations 1-6 and the FTC Improvement project.
October 18, 20163: Staff provided Council with an update on the project.
October 24, 2017: The District’s Board of Trustees passed a motion directing the Chancellor to create a Memorandum of Understanding (MOU) with the City of Hayward.
October 25, 2017: Staff provided a project update to the Council Infrastructure Committee.
June 28, 2018: Staff submitted a request to the Federal Aviation Administration (FAA) for the release of the land at the Hayward Executive Airport on which FS6 and the FTC would be constructed for non-aeronautical purposes.
July 24, 20184: Council authorized the City Manager to negotiate and execute an MOU with the District to establish the basis for a ground lease and to accept up to $20 million from the District for the design, construction, and furnishing of the District’s Facilities at the FTC.
September 24, 2018: The design team submitted the project plans to DSA for their review of District owned buildings.
October 25, 2018: The Planning Commission adopted the Mitigated Negative Declaration and approved the Site Plan Review.
March 5, 20195: Council approved the plans for the abatement and deconstruction of the existing FS6 and FTC and call for bids.
2 https://hayward.legistar.com/MeetingDetail.aspx?ID=454184&GUID=7CD463F3-CFEB-4ADB-B836- DFC19D7730F0&Options=info|&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=2860809&GUID=635FEBB7-ACCB-45F8-9DF6-DF54CBC6CD12&Options=&Search= 4 https://hayward.legistar.com/LegislationDetail.aspx?ID=3582269&GUID=1C949039-8749-4463-B1C2-B2B8CE709EDF&Options=&Search= 5 https://hayward.legistar.com/LegislationDetail.aspx?ID=3874592&GUID=ADD09360-6319-4C1F-9C84-FF60B8CE554D&Options=&Search=
March 6, 2019: Staff provided a design update to the Council Infrastructure Committee.
September 2019: Completed demolition of the old Fire Station 6 and the Fire Training Center.
October 1, 20196: Council authorized the City Manager to Negotiate and Execute a Ground Lease and Facilities Use Agreement with the District for the FTC.
November 19, 2019: Council adopted a resolution approving the plans and specifications for the construction of FS6 and the FTC and calls for bids after approval from FAA and DSA.
July 7, 2020: Council awarded the construction contract to S. J. Amoroso Construction.
August 17, 2020: Construction commenced.
May 25, 20217: Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for materials testing and special inspection services with CEL in the amount of $325,000.
September 28, 20218: Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for construction support services with RDC in the amount of $830,000.
DISCUSSION
The construction of FS6 and the FTC requires materials testing and special inspection services to ensure that the materials and construction comply with project plans, specifications, and codes. Furthermore, buildings owned by the District have testing and inspections which require DSA specific regulations. On January 21, 20209, Council authorized the City Manager to negotiate and execute a professional services agreement with CEL in an amount not-to- exceed $350,000. CEL’s services began at the start of construction on August 17, 2020. Due to added scope and actual hours spent on testing & inspections compared to CEL’s initial estimate, an amendment to the PSA was needed. On May 25, 20212 Council authorized the City Manager to execute an amendment to the PSA in an amount of $325,000.
Currently, approximately 70% of the construction duration has transpired and approximately 93% of the original and first amended amount to CEL’s PSA have been expended. This is due to the number of buildings and site work in construction concurrently as well as off-site shop inspections and testing that have resulted in more staffing and time spent by CEL.
6 https://hayward.legistar.com/LegislationDetail.aspx?ID=4148714&GUID=329BEA63-4E98-41D4-861F-5D39454D5C54&Options=&Search= 7 https://hayward.legistar.com/LegislationDetail.aspx?ID=4960818&GUID=222CFF1F-7950-44E2-91FC-360B494F3E3F&Options=&Search= 8 https://hayward.legistar.com/LegislationDetail.aspx?ID=5149122&GUID=0B64C69C-054A-4C54-A58D-656A73A01820&Options=&Search= 9 https://hayward.legistar.com/LegislationDetail.aspx?ID=4310191&GUID=989A319B-355D-4AAD-AB7D- BB8094C3ED4D&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4960818&GUID=222CFF1F-7950-44E2-91FC-360B494F3E3F&Options=&Search=
Additionally, changes to the contract document require additional inspections and testing.
This accounts for approximately 1,350 inspections and their related testing to date that are required by DSA for District-owned buildings and by the City for City-owned buildings.
Inspections and testing are continued and needed through the end of construction and as such an amendment to CEL’s PSA is needed to complete the project. The amount of testing and inspection time that was required was under-estimated in the first amendment. Using the current rate of expenditure and projecting the remaining months with some slow-down in the end months, the estimated cost is $390,000 plus $60,000 for contingencies for a total of $450,000 needed for the completion of materials testing and special inspection services with CEL.
ECONOMIC IMPACT
Completion of this project will add classrooms and spaces for training and use by others which may result in positive economic benefits for businesses around the area. Additionally, the local economy and local workforce will be positively impacted during construction of the facilities.
FISCAL IMPACT
The total estimated project cost is $70.9 million. As of FY 2022, Council has authorized the appropriation of $66.7 million. The remaining $4.2 million will be considered for approval and appropriation as part of the FY 2023 CIP budget process.
The breakdown of the total estimated project cost are as follows:
Construction Contract $52,397,000
Construction Contingency (ACO) $5,239,700
Consultant Design $5,000,000
Construction Management Administration $4,000,000
Inspector of Record Service & Special Testing $1,500,000 Demolition of old Fire Station and FTC $425,000
Temporary Housing $500,000
Permit & Utility Fees $940,000
Fixture, Furniture & Equipment $600,000
Staff Construction Administration $300,000
Total $70,901,700
The above item, Inspector of Record Service & Special Testing included contracts with ABC Inspections, Inc., who provides the inspector of record services, and CEL, who provides the special inspection and testing. CEL’s original contract amount of $350,000 and the first amended amount of $325,000 were within the estimated $1,500,000 for inspection of record and special testing services. Staff recommends approving a third amendment in the amount of $450,000. There is sufficient funding available to cover the cost of the amendment through the use of the construction contingency. Currently, $1,257,393 of the $5,239,700 construction contingency has been expended.
Construction management administration, temporary housing, permit & utilities, fixture, furniture & equipment are estimated and may change at which time, staff will seek approval from Council for additional funding.
STRATEGIC INTIATIVES
This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project:
Project 12: Construct the Fire Station and FTC
SUSTAINABILITY FEATURES
This project incorporates sustainability features as they relate to water, energy, and the environment. Additionally, the proposed buildings will be designed to meet Leadership in Energy and Environmental Design (LEED) Silver, or better.
PUBLIC CONTACT
There is no public contact needed for this item.
NEXT STEPS
If Council approves the resolution to amend the contract with CEL, staff will route the amendment to be executed by the City Manager, allowing the firm to continue to provide materials testing and special inspection services until the completion of construction.
Currently, construction is anticipated to be completed in Fall 2022.
Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Garrett Contreras, Fire Chief
Approved by:
__________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CONSOLIDATED ENGINEERING LABORATORIES FOR ADDITIONAL
SERVICES A SSOCIATED WITH THE FIRE STATION 6 AND FIRE TRAINING
CENTER IMPROVEMENT PROJECT
WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 19th day of February, 2020, entitled “Agreement for Professional Services between the City of Hayward and Consolidated Engineering Laborat ories for the Fire Station 6 and Fire Training Center Improvement Project Materials T esting and Special Inspection ” in the amount of $350,000; and
WHEREAS, by Reso lution No. 21 -081on May 25, 2021, the City Cou ncil adopted a resolution authorizing the City Manager to execute an amendment to the Professional Services Ag reement with Consolidated Engineering L aboratories by $ 325,000 for a total not-to-exceed amount of $675,000; and
WHEREAS, the City and the Cons ultant desire to amend the Agreement in certain respects to p rovide additional services for completion of materials testing and spe cial inspection services for the Fire Station 6 and Fire Training Center Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Cit y Ma nager is hereby authorize d to execute, on beha lf of the City of Hayward, an amendment to the agreement with Consolidated Engineering Laborat ories for additional services in an amount not-to-exceed $450,000, thereby increasing the total contract amount to a total not-to-exceed $1,125,000 associated with the Fire Station 6 and the Fire Training Center, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-018
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the Sole Source Purchase of Specialized Laboratory Equipment for Use at the Water and Wastewater Laboratory at the Water Pollution Control Facility in an Amount Not-to- Exceed $90,000
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the sole source purchase of a specialized laboratory equipment for use at the Water and Wastewater Laboratory at the Water Pollution Control Facility (WPCF) in an amount not-to-exceed $90,000.
SUMMARY
The Water and Wastewater Laboratory at the WPCF currently utilizes a highly specialized instrument known as an Ion chromatography system (ICS-6000), for the analysis of nutrients in the City’s wastewater. In order to meet the required and exceedingly high level of accuracy for wastewater testing, the City must purchase an additional piece of equipment, known as a single quad mass spectrometer (ISQEC-IC), which only one vendor, Thermo Electron North America LLC. (Thermo), is currently able to provide. As such, staff recommends that the City Manager be authorized to execute the sole source purchase of this equipment from Thermo in an amount not-to-exceed $90,000. Council has previously approved funding for the purchase of this equipment as part of the FY 2022 Capital Improvement Program.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the Sole Source Purchase of Specialized Laboratory Equipment for Use at the Water and Wastewater Laboratory at the Water Pollution Control Facility in an Amount Not-to-Exceed $90,000
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the sole source purchase of a specialized laboratory equipment for use at the Water and Wastewater Laboratory at the Water Pollution Control Facility (WPCF) in an amount not- to-exceed $90,000.
SUMMARY
The Water and Wastewater Laboratory at the WPCF currently utilizes a highly specialized instrument known as an Ion chromatography system (ICS-6000), for the analysis of nutrients in the City’s wastewater. In order to meet the required and exceedingly high level of accuracy for wastewater testing, the City must purchase an additional piece of equipment, known as a single quad mass spectrometer (ISQEC-IC), which only one vendor, Thermo Electron North America LLC. (Thermo), is currently able to provide. As such, staff recommends that the City Manager be authorized to execute the sole source purchase of this equipment from Thermo in an amount not-to-exceed $90,000. Council has previously approved funding for the purchase of this equipment as part of the FY 2022 Capital Improvement Program.
BACKGROUND
The City’s WPCF provides wastewater treatment for Hayward’s residential and business communities, treating an annual average of eleven million gallons per day (MGD) of wastewater and ensures that the treated water meets local, State, and Federal requirements for discharge to the deep waters of the San Francisco Bay.
The Water and Wastewater Laboratory at the WPCF tests the City’s wastewater, surface water and drinking water to ensure compliance with these regulations, in addition to testing wastewater samples from certain industrial dischargers throughout the City.
Regularly testing the wastewater, surface water and drinking water is critical to ensuring continued compliance with new regulations.
DISCUSSION
While the City’s current Ion Chromatograph (ICS-6000) equipment allows for highly sensitive testing of the City’s wastewater samples, only one product on the market can enhance the sensitivity of this particular model to the levels now required. That product is the ISQEC-IC by Thermo. The ISQEC-IC equipment will essentially increase the sensitivity of the Laboratory’s existing equipment, enabling the City to test at a lower detection limit and with a greater level of accuracy than any other spectrometer available today.
Laboratory analysts utilizing the same instrument throughout the Bay Area have verified the equipment’s superior performance. Thermo is the sole manufacturer of this critical piece of equipment and, as such, staff is requesting Council authorization to execute its sole source purchase.
ECONOMIC IMPACT
Purchase of this equipment will have no direct impact on the local economy.
FISCAL IMPACT
The cost of the equipment, as quoted by Thermo is approximately $90,000, including tax and shipping. Funding for this equipment was previously approved as part of the FY2022 Capital Improvement Program, Project No. 07783, at an amount of $90,000 within Sewer Improvement Fund 612.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.
SUSTAINABILITY FEATURES
Purchase of this equipment will enable staff to continue conducting water and wastewater tests to ensure compliance with regulations including those set forth by the Environmental Protection Agency and Clean Water Act. Regular and accurate testing of the City’s water and wastewater helps ensure protection of the Bay, as well the health and safety of the Hayward community.
PUBLIC CONTACT
Purchase of this equipment requires no public contact.
NEXT STEPS
If Council approves staff’s recommendation, staff will work with the City Manager to execute the sole source purchase of this equipment from Thermo.
Prepared by: Farid Ramezanzadeh, Water and Wastewater Laboratory Supervisor
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SOLE
SOURCE PURCHASE OF SPECIALIZED LABORATORY EQUIPMENT FROM THERMO ELECTRON NORTH AMERICA LLC., FOR USE AT THE WATER AND
WASTEWATER LABORATORY AT THE WATER POLLUTION CONTROL
FACILITY IN AN AMOUNT NOT-TO-EXCEED $90,000
WHEREAS, the Water and Wastewater Laboratory at the Water P ollution Control Facility (WPCF) uses highly specialized equipment to analyze drinking water, surface water and wastewater samples to ensure compliance with the U.S. Environmental Protection Agency (EPA) regulations and Clean Water Act (CWA); and WHEREAS, the City’s water and wastewater tests must meet an extremely high quality, high performing, and lowest detection limits for drinking water , which only the IC- MS technology manufactured by Thermo Electron North America LLC., is currently able to provide; and
WHEREAS, the Adopted FY 2022 Capital Improvement Program includes funding for the purchase of the single quad mass spectrometer equipment in the amount not-to-exceed $90,000 in the Sewer Improvement Fund (Fund 612), Project No. 07783.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to proceed with the sole source purchase of remaining and necessary Ion Chromatograph – Mass Spectrometer equipment from Thermo Fisher Scientific, in an amount not-to-exceed $90,000.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-024
DATE: January 18, 2022
TO: Mayor and City Council
FROM: CIO/Director of Information Technology
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Cooperative Procurement Contract with Dell Technologies for Microsoft Software, Subscriptions, and Services for a Three-Year Contract in an Amount Not-to-Exceed $328,114.40 Annually, for a Total Contract Amount of $984,343.21 That Council adopts the attached resolution (Attachment II) authorizing the City Manager to negotiate and execute a three-year cooperative procurement contract between the City and Dell Technologies for the acquisition of Microsoft Software, Subscriptions, and Services for an amount not-to-exceed $984,343.21, which a 10% contingency of $89,485.75, for a term of three years, effective February 28, 2022 through February 28, 2025 under the terms of the contract.
SUMMARY
The City’s current Microsoft Enterprise License Agreement (ELA) for Microsoft Enterprise Software Licenses will expire February 28, 2022. This agreement includes licensing for Windows 10, Office 365, servers, other Microsoft applications, and professional services that are critical to the daily operations of the City. Staff is in negotiations to continue these services and is requesting authorization to fund the contract at the conclusion of negotiations.
The City’s core software infrastructure is based on Microsoft desktop, server, collaboration, and development products. The execution of this contract will ensure continuity of current services provided by Microsoft, primarily the annual licenses necessary for Office 365 that provides the city-wide email services, SharePoint, a cloud infrastructure that helps the City share and organize content and applications, and critical applications, such as Teams, Word, Excel and PowerPoint.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-024
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DA
TE: January 18, 2022
TO
: Mayor and City Council
F
ROM: CIO/Director of Information Technology
S
UBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Cooperative Procurement Contract with Dell Technologies for Microsoft Software, Subscriptions, and Services for a Three-Year Contract in an Amount Not-to-Exceed $328,114.40 Annually, for a Total Contract Amount of $984,343.21
R
ECOMMENDATION
T
hat Council adopts the attached resolution (Attachment II) authorizing the City Manager to negotiate and execute a three-year cooperative procurement contract between the City and Dell Technologies for the acquisition of Microsoft Software, Subscriptions, and Services for an amount not-to-exceed $984,343.21, which a 10% contingency of $89,485.75, for a term of three years, effective February 28, 2022 through February 28, 2025 under the terms of the contract.
S
UMMARY
The City’s current Microsoft Enterprise License Agreement (ELA) for Microsoft Enterprise Software Licenses will expire February 28, 2022. This agreement includes licensing for Windows 10, Office 365, servers, other Microsoft applications, and professional services that are critical to the daily operations of the City. Staff is in negotiations to continue these services and is requesting authorization to fund the contract at the conclusion of negotiations.
T
he City’s core software infrastructure is based on Microsoft desktop, server, collaboration, and development products. The execution of this contract will ensure continuity of current services provided by Microsoft, primarily the annual licenses necessary for Office 365 that provides the city-wide email services, SharePoint, a cloud infrastructure that helps the City share and organize content and applications, and critical applications, such as Teams, Word, Excel and PowerPoint.
B
ACKGROUND
The City’s core software infrastructure is based on Microsoft desktop, server, collaboration, and development products. The execution of this contract will ensure continuity of current
services provided by Microsoft, primarily the annual licenses necessary for Office 365 that provides the city-wide email services, SQL servers, SharePoint, a cloud infrastructure that helps the City share and organize content and applications, and critical applications, such as Teams, Word, Excel and PowerPoint.
Th City issued RFP 2210-111821 on November 19, 2021 and invited vendors to procure Microsoft software, subscriptions and services to ensure that the City is receiving the best pricing available. At the conclusion of the competitive bid process and at the conclusion of analysis, the Riverside Enterprise Agreement (EA) was found to be the best fit for the City.
Dell Technologies has extended the pricing model and terms of the Riverside EA in response to the RFP 2210-111821. As a result, staff is requesting authorization to negotiate and execute a new agreement with Dell Technologies under the pricing and terms of the Riverside EA. The Riverside EA is a cooperative purchasing program that was renegotiated in 2016 for three years.
Typically, Microsoft offers government ELA customers’s volume discounts in four tiers A-D.
Tier D is reserved for very large enterprises which have over 150,000 workstations. We will be receiving Tier D pricing which represents a significant savings from what a City of our size would normally be charged, during this agreement period.
DISCUSSION
The City’s core software infrastructure is based on Microsoft desktop, server, collaboration, and development products. The ELA positions the City to benefit from the next generation of Microsoft platform products seamlessly thrugh ownership of Software Assurance. Specifically, this agreement ensures that the City has access to the latest version of software for government and the technical support that is available. The current agreement term expires February 28, 2022. The term of this agreement is three years and the price of these licenses remain constant throughout the term of the agreement which assists in financial planning of future years. The maximum term available for the ELA is three years.
These ageements have saved the City money through volume purchasing and greatly simplified licensing by requiring a single transaction to acquire licenses for the City. This agreement includes software assurance which will provide the City with the legal right to continue to receive the current version of Microsoft products used by the City, including the MS Office suite of products, annual licenses necessary for Office 365 that provides the city- wide email services, SharePoint, a cloud infrastructure that helps the City share and organize content and applications, and critical applications, such as Teams, Word, Excel and PowerPoint.
As part of its technology procurement practices, the City typically upgrades and deploys core City software in a timeframe that keeps the version at, or near, current government release versions.
ECONOMIC IMPACT
There is no economic impact resulting from this action.
FISCAL IMPACT
Staff used a competitive procurement process by posting RFP 2210-111821. After analyzing and comparing bids received, including various licensing scenarios, staff recommends the City to negotiate a contract with Dell Technologies under the Riverside EA.
The three-year contract is not-to-exceed $984,343.21 ($894,857.46 plus a 10% contingency of $89,485.75). This is a 12% increase from the contract signed in 2019, but includes additional software requested by staff from a survey conducted in September 2021 and the library requirements for public computers.
To account for these licensing terms, staff requests Council authorize the City Manager to negotiate and execute a contract not-to-exceed $984,343.21, which requires an additional $29,829 appropriation annually from the General Fund to fund the additional cost of the three-year contract; a total of $89,487 over the life of the contract. Staff had originally budgeted based on a prior contract amount and is requesting additional appropriation to match the pricing for the new agreement. This appropriation will be included in the proposed operating budgets for the appropriate future fiscal years.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.
SUSTAINABILITY FEATURES
Upgrades to server software licensing allow for consolidation of servers and increased storage capacity to storage area networks and cloud storage with products such as Microsoft’s cloud storage products OneDrive and SharePoint. These moves increase the City’s goal of reducing energy consumption within City buildings and maintaining an environmentally sound information technology infrastructure.
PUBLIC CONTACT
Not applicable.
NEXT STEPS
Following approval, staff will execute an agreement with Dell Technologies, to procure and provide the Microsoft licensing recommended for the City.
Prepared by: Sandi Wong, IT Solutions Analyst II/ Project Manager Nathaniel Roush, Information Systems Manager
Recommended by: Adam Kostrzak, CIO / IT Director
Approved by:
___________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. -____
I
ntroduced by Council Member __________
R
ESOLUTION OF THE COUNCIL OF THE CITY OF HAYWARD TO EXECUTE A
COOPERERATIVE PROCUREMENT CONTRACT WITH DELL TECHNOLOGIES
FOR MICROSOFT SOFTWARE, SUBSCRIPTIONS, AND SERVICES
W
HEREAS, the City through its current Microsoft Enterprise Agreement receives access to Microsoft software that is the primary software used daily by City staff in the operation and delivery of information technology services, including Microsoft Office 365, and Windows software; and
WH
EREAS, on November 19, 2021, a Request for Purchase (RFP) 2210-111821 for Microsoft Enterprise Licenses and Services which called for the evaluation and award of contracts to resellers that would act on behalf of Microsoft for the fulfillment and management of purchases of licenses for Microsoft enterprise software and related services; and
W
HEREAS, based on the results of the competitive process, the City staff is now seeking approval to enter into a cooperative procurement contract with Dell Technologies for a term of three years beginning February 2 8, 2022 with a total not to exceed value of $984,343.21.
W
HEREAS, to account for licensing terms, it is necessary to appropriate an additional $29,829 per year of the three-year contract from the General Fund. A total of $89,487 for the life of the contract.
N
OW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to execute, on behalf of the City of Hayward , the Cooperative Procurement Contract between the City and Dell Technologies for the acquisition of Microsoft Software, Subscriptions and Services for an amount not to exceed $984,343.21 for a term of 3 years, effective February 28, 2022, in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of Hayward hereby approved and appropriates additional funds in the amount of $29,829 in the 730-30-0001- 17300-62120 fund per year for the duration of the contract for a total of $89,487.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2021
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-033
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Library Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $238,130.94 from the Federal Communications Commission Emergency Connectivity Fund to Purchase Eligible Equipment and Services
That Council approves the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate $238,130.94 from the Federal Communications Commission (FCC) Emergency Connectivity Fund (ECF) to purchase eligible equipment and services.
SUMMARY
Hayward Public Library (HPL) is the lead community organization providing Hayward residents with free access to internet and computing devices. This supports HPL’s mission to assist Hayward residents in the economic recovery process, as Hayward residents are still in need of internet access and computing devices to continue distance learning, working from home, seeking employment, and accessing educational resources.
To help fund the purchase of additional internet access and computing devices to help meet this need, the Library applied for funding through the FCC’s ECF and was awarded $238,130.94 in funding for this fiscal year. This funding can be used to purchase eligible equipment and services through the ECF.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Library Services
SUBJECT: Adopt Resolution Authorizing the City Manager to Accept and Appropriate $238,130.94 from the Federal Communications Commission Emergency Connectivity Fund to Purchase Eligible Equipment and Services.
RECOMMENDATION
That Council approves the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate $238,130.94 from the Federal Communications Commission (FCC) Emergency Connectivity Fund (ECF) to purchase eligible equipment and services.
SUMMARY
Hayward Public Library (HPL) is the lead community organization providing Hayward residents with free access to internet and computing devices. This supports HPL’s mission to assist Hayward residents in the economic recovery process, as Hayward residents are still in need of internet access and computing devices to continue distance learning, working from home, seeking employment, and accessing educational resources.
To help fund the purchase of additional internet access and computing devices to help meet this need, the Library applied for funding through the FCC’s ECF and was awarded $238,130.94 in funding for this fiscal year. This funding can be used to purchase eligible equipment and services through the ECF.
BACKGROUND AND DISCUSSION
With the shift to distance learning during the COVID pandemic, City facilities, and community centers offered access to internet and computing devices to help Hayward residents and students in need of access to technology to connect to virtual classrooms and to support their educational needs. In collaboration with key community stakeholders such as Hayward Unified School District (HUSD), California State University East Bay (CSUEB), and Chabot Community College, HPL was able to determine that many families still lacked access to technology—specifically internet access and computer access.
The FCC's ECF is a $7.17 billion program that was created to help schools and libraries provide the tools and services their communities need for remote learning necessitated by the COVID-19 pandemic. ECF is intended to provide relief to students, school staff, and library patrons and help close the Homework Gap for students who lack necessary internet access or the devices they need to support their schoolwork. To assist in closing the digital divide, HPL applied to the FCC’s ECF for assistance, and was awarded $238,130.94 in funding to purchase eligible equipment and services through the ECF.
With the high need in Hayward, HPL was able to work with HUSD leadership to determine the extent of the gap, and which students still needed access to technology. A cross collaborative team, comprised of HUSD’s Feeder Director and Director of IT Support as well as HPL staff, was able to create a list of every student, and what their technology needs are so that students receiving technology resources, such as hotspots and Chromebooks from the Library would not be receiving duplicate resources from other partner agencies. HPL’s Education Services division, in coordination with HUSD, created a detailed Tech Lending Library check-out process. Students at specific school sites can check-out hotspots and Chromebooks for up to one year. Pipelines for student distribution are currently working successfully. To date, 684 devices are available to HUSD students and adult literacy learners who are in need of technology or access to Wi-Fi.
Additionally, HPL will be utilizing stimulus funding to further grow the Tech Lending Library and open it up to serve the greater Hayward community.
STRATEGIC ROADMAP
This agenda item aligns with the Support Quality of Life priority in the City’s Strategic Roadmap.
FISCAL IMPACT
There is no adverse impact to the General Fund from accepting these funds.
Prepared by: Brad Olson, Management Analyst II
Recommended by: Jayanti Addleman, Director of Library Services
Approved by:
_________________________________
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $238,130 .94 FROM THE FEDERAL COMMUNICATIONS
COMMISSION (FCC) EMERGENCY CONNECTIVITY FUND (ECF) TO PURCHASE
ELIGIBLE EQUIPMENT AND SERVICES
WHEREAS, the City recognizes the importance of connectivity and thus provides free access to internet and computing devices through its Library Department; and WHEREAS, During the closures due to COVID -19, many Hayward residents and students were lacking access to technology to connect to virtual classrooms and to support their educational needs; and
WHEREAS, the Library’s Education Services division developed a tech lending library during the pandemic closures to meet the needs of students and their families who still lacked access to technology—specifically internet access and computer access; and WHEREAS, the Library is expanding the Tech Lending Library to open it up to serve the greater Hayward community; and
WHEREAS, the Library applied for, and was awarded, funding through the FCC’s ECF.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate $238,130.94 from the FCC ’s ECF to purchase eligible equipment and services.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-034
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Library Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $15,000 from the Kaiser Foundation Health Plan Inc. to Support the Purchase of a Lactation Pod for the Downtown Library
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate $15,000 from the Kaiser Foundation Health Plan Inc. to support the purchase of a Lactation Pod for the Downtown Library.
SUMMARY
Hayward Public Library (HPL) seeks to serve everyone in the City of Hayward, at every stage of life. The children’s area grew immensely in size when the City opened the new Downtown Library building, occupying a large part of the first floor. This area and other areas of the library are regularly used by families, including nursing mothers. Providing an enclosed and private space in the library where nursing mothers can be by themselves or with their infants or older children while breastfeeding or pumping makes for a safer, and often more comfortable, environment for the mother and children.
Library staff submitted a grant application for a Mamava ADA lactation pod to the Kaiser Foundation Health Plan Inc. (Foundation). The Foundation approved the Library’s application for funding and awarded HPL with $15,000 to help fund the purchase of the pod. The remaining funds necessary for the design, purchase, and delivery of the pod (up to $25,000) will come from the Furnishings, Fixtures, and Equipment (FF&E) budget for the 21st Century Library that is included in the Calpine Library Construction Fund.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-034
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Library Services
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $15,000 from the Kaiser Foundation Health Plan Inc. to Support the Purchase of a Lactation Pod for the Downtown Library
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate $15,000 from the Kaiser Foundation Health Plan Inc. to support the purchase of a Lactation Pod for the Downtown Library.
SUMMARY
Hayward Public Library (HPL) seeks to serve everyone in the City of Hayward, at every stage of life. The children’s area grew immensely in size when the City opened the new Downtown Library building, occupying a large part of the first floor. This area and other areas of the library are regularly used by families, including nursing mothers. Providing an enclosed and private space in the library where nursing mothers can be by themselves or with their infants or older children while breastfeeding or pumping makes for a safer, and often more comfortable, environment for the mother and children.
Library staff submitted a grant application for a Mamava ADA lactation pod to the Kaiser Foundation Health Plan Inc. (Foundation). The Foundation approved the Library’s application for funding and awarded HPL with $15,000 to help fund the purchase of the pod. The remaining funds necessary for the design, purchase, and delivery of the pod (up to $25,000) will come from the Furnishings, Fixtures, and Equipment (FF&E) budget for the 21st Century Library that is included in the Calpine Library Construction Fund.
BACKGROUND AND DISCUSSION
HPL seeks to serve everyone in the City of Hayward, at every stage of life, in a safe and comfortable environment. When the new Downtown Library was designed, one major area of growth was the children’s area. The children’s section grew immensely in size when the City opened the new Downtown Library building, occupying much of the lower floor. The new
Storytime room is a focal point of the children’s area, and is surrounded by many new toys, play areas, and learning spaces to accompany the greatly expanded selection of reading materials.
Before the closure due to COVID, the library had record numbers of visitors to see the new space and the expanded collection, including a large number of young mothers. As we start returning to more library programming for children, we expect to see an increase in the number of new mothers visiting the library. Providing an enclosed and private space in the library where nursing mothers can be by themselves or with their infants or older children while breastfeeding or pumping makes for a safer, and often more comfortable, environment for the mother and children. The lactation pod would provide just such a space and would be a great addition to the services offered to Hayward families. The pod would be open for use by any nursing mother walking into the library.
While there are different options for lactation spaces, many utilize rooms in an existing building, or are designed for outdoor use. These qualities make them better designed for office staff, rather than for the public. However, the Mamava pods, like the one HPL plans to install, can work in an indoor space using just one electrical hookup, are moveable if needed, have an online app for easy reservations, and have easy to clean surfaces.
The larger Mamava ADA pod is the preferred option for the Downtown Library, and the details on this product were provided to the Foundation as part of a grant application. The Foundation approved the Library’s application for funding and awarded HPL with $15,000 to help fund the purchase of the pod. The remaining funds necessary for the design, purchase, and delivery of the pod (up to $25,000) will come from the FF&E budget for the 21st Century Library that is included in the Calpine Library Construction Fund.
STRATEGIC ROADMAP
This agenda item supports the Quality of Life priority outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
The City will be responsible for servicing and maintenance of the unit; however, this cost is considered minimal and will be absorbed by the Library’s operating budget on an ongoing basis.
NEXT STEPS
If Council adopts the resolution, staff will work with the Foundation to accept the funds and purchase the lactation pod.
Prepared by: Brad Olson, Management Analyst II
Recommended by: Jayanti Addleman, Library Director
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $15,000 FROM THE KAISER FOUNDATION HEALTH PLAN INC.
TO SUPPORT THE PURCH ASE OF A LACTATION P OD FOR THE DOWNTOWN
LIBRARY
WHEREAS, Hayward Public Library (HPL) seeks to serve everyone in the City of Hayward, at every stage of life, in a safe and comfortable environment; and WHEREAS, providing an enclosed and private space in the library where nursing mothers can be by themselves or with their infants or older children while breastfeeding or pumping makes for a safer, and often more comfortable, environment for the mother and children; and
WHEREAS, the lactation pod from Mamava would provide just such a space and would be a great addition to the services offered to Hayward families; and WHEREAS, the Kaiser Foundation Health Plan Inc. approved HPL’s application for funding and awarded HPL with $15,000 to help fund the purchase of a Mamava Lactation Pod.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate $15,000 from the Kaiser Foundation Health Plan Inc. to support the purchase of a Lactation Pod for the Downtown Library.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-021
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt Two Resolutions: 1) Authorizing the City Manager to Continue Exclusive Negotiations with Waste Management of Alameda County for a New Solid Waste and Recycling Franchise Agreement until June 30, 2022; and 2) Authorizing the City Manager to Extend the Current Franchise Agreement with Waste Management of Alameda County by One Year to Expire March 1, 2023
RECOMMENDATION
That Council adopt two resolutions: 1) extending the current Solid Waste Franchise Agreement between Hayward and Waste Management of Alameda County (WMAC) for twelve months until March 1, 2023 (Attachment II); and 2) extending the authorization for exclusive negotiations with WMAC until June 30, 2022 (Attachment III).
SUMMARY
The City holds a franchise agreement with WMAC to provide solid waste, recycling, and organic materials collection and processing services. The current agreement commenced March 1, 2015, and is scheduled to expire March 1, 2022. The agreement includes the option to extend it for three, 12-month periods. If the City opted to extend the contract by the maximum numbers of times, the agreement would expire March 1, 2025. Staff and WMAC have made good progress in negotiating a new agreement, but it has become apparent that it will not be possible to have all terms agreed upon before March 1, 2022, so staff is requesting to extend the agreement for one 12-month period.
Staff is currently negotiating exclusively with WMAC as authorized by Council. Most recently, on June 15, 2021, staff requested from Council and was granted an extension of the exclusive negotiating period until December 31, 2021. Staff is requesting another extension of the exclusive negotiating period until June 30, 2022.
Review by Council Sustainability Committee - On January 10, 2022, the Council Sustainability Committee (CSC) considered a report with an update on solid waste franchise agreement negotiations. The CSC recommended that Council extend the Solid Waste Franchise Agreement for 12 months until March 1, 2023 and also extend the authorization for exclusive negotiations with WMAC until June 30, 2022. The CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-021
Committee also requested more advertising of the bulky pickup service and commented that community outreach and operational efficiencies could be improved if the Hayward Unified School District also contracted with WMAC.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution Extending Current Agreement
Attachment III Resolution Extending Negotiation Period CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt Two Resolutions: 1) Authorizing the City Manager to Continue Exclusive Negotiations with Waste Management of Alameda County for a New Solid Waste and Recycling Franchise Agreement until June 30, 2022; and 2) Authorizing the City Manager to Extend the Current Franchise Agreement with Waste Management of Alameda County by One Year to Expire March 1, 2023
RECOMMENDATION
That Council adopt two resolutions: 1) extending the current Solid Waste Franchise Agreement between Hayward and Waste Management of Alameda County (WMAC) for twelve months until March 1, 2023 (Attachment II); and 2) extending the authorization for exclusive negotiations with WMAC until June 30, 2022 (Attachment III).
SUMMARY
The City holds a franchise agreement with WMAC to provide solid waste, recycling, and organic materials collection and processing services. The current agreement commenced March 1, 2015, and is scheduled to expire March 1, 2022. The agreement includes the option to extend it for three, 12-month periods. If the City opted to extend the contract by the maximum numbers of times, the agreement would expire March 1, 2025. Staff and WMAC have made good progress in negotiating a new agreement, but it has become apparent that it will not be possible to have all terms agreed upon before March 1, 2022, so staff is requesting to extend the agreement for one 12-month period.
Staff is currently negotiating exclusively with WMAC as authorized by Council. Most recently, on June 15, 2021, staff requested from Council and was granted an extension of the exclusive negotiating period until December 31, 2021. Staff is requesting another extension of the exclusive negotiating period until June 30, 2022.
Review by Council Sustainability Committee – On January 10, 2022, the Council Sustainability Committee (CSC) considered a report with an update on solid waste franchise agreement negotiations. The CSC recommended that Council extend the Solid Waste Franchise Agreement for 12 months until March 1, 2023 and also extend the authorization for exclusive negotiations with WMAC until June 30, 2022. The Committee
also requested more advertising of the bulky pickup service and commented that community outreach and operational efficiencies could be improved if the Hayward Unified School District also contracted with WMAC.
BACKGROUND
WMAC has been the City’s solid waste and recycling services franchisee since at least the mid-1970s. WMAC provided the service under a different business name initially (Oakland Scavenger Company) and has, in the past thirty years, subcontracted with Tri-CED Community Recycling for residential recycling services.
At the March 9, 20201 CSC meeting, the CSC discussed possible approaches to the new solid waste franchise agreement, and recommended the City start exclusive negotiations with WMAC. The CSC also expressed a desire for the City to partner with Hayward schools, if possible, so that solid waste services and outreach would be consistent throughout Hayward.
The CSC also directed staff to be innovative and sustainability-minded in negotiations.
At its June 23, 20202 meeting, Council approved a period of exclusive negotiations with WMAC through October 31, 2020. At the October 27, 2020 meeting, Council extended the exclusive negotiating period until June 30, 2021.
At the November 9, 20203 CSC meeting, staff presented an update on negotiations. The CSC expressed a desire for increasing the number of public liter cans, as well as increasing the number of illegal dumping collections performed by WMAC, and flexibility on the contract length. At its March 8, 20214 meeting, the CSC heard from Hayward recycling service providers, WMAC and Tri-CED, about the ongoing negative effects of the China National Sword policy on the recycling markets in California, and the importance of reducing contamination in collected recyclables.
On June 15, 20215, Council approved an extension of the exclusive negotiation period with WMAC through December 31, 2021. On October 26, 20216, Council received a report updating them on franchise agreement negotiations and Council held a work session on the negotiations between the City and WMAC. Council expressed a desire to keeps rates reasonable, install more public litter cans, try to maintain the Main Street office, and maintain the bulky collection service. Council also expressed concern about SB1383 mandates wasting functional recycling and garbage carts merely due to their colors and not matching the State’s new color scheme, and requiring jurisdictions to procure and disseminate a very large amount of organic material.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4389835&GUID=EFF0E6BA-0F1F-4CA3-B275- 1B18D86FF2EE&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4576643&GUID=060523BF-B23D-49D7-A78E- F40F4DB335C4&Options=&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4686767&GUID=7FE71371-C877-447E-993D- AFA9732B3526&Options=&Search=
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=4816826&GUID=3FAFD9A3-6BEF-4BFE-B619- BB9C4A346E51&Options=&Search=
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=4983870&GUID=CFAEB194-2F77-4434-BBD1-5FB23712A6E9 6 https://hayward.legistar.com/LegislationDetail.aspx?ID=5192092&GUID=1893F7A1-05E5-4606-9364- 31F12BF785BD&Options=&Search=
DISCUSSION
Although negotiations have been productive, they have been proceeding at a slower pace than anticipated. The current franchise agreement term will end on March 1, 2022. Once the terms of the new franchise agreement are agreed upon, the public noticing and approval hearings will take approximately four months before the new contract can take effect. Therefore, staff recommends extending the current franchise agreement for one 12- month period, starting March 1, 2022, and ending March 1, 2023. However, the full 12 months may not be needed, and Council can start the new contract at any time. Staff also recommends extending the exclusive negotiating period to June 30, 2022.
SB 1383 requires extensive efforts by jurisdictions to reduce the amount of organics sent to landfill and increase recycling. The law requires monitoring of customers’ containers for contamination and also requires that the City procure significant quantities of organic material, primarily compost and mulch. Staff and WMAC have been discussing how to best craft a new agreement that will ensure the City is able to effectively and efficiently comply with SB 1383 regulations.
The following is an overview of some of the key services that have been discussed during negotiations since October 26, 2021.
Elements Tentatively Agreed Upon
SB 1383 Cart and Bin Requirements
SB 1383 and subsequent regulations developed by CalRecycle7 include several requirements that the franchise agreement can help address, including a cart color mandate. Trash carts are mandated to be black or gray, recycling carts are mandated to be blue, and organics arts are mandated to be green. While Hayward’s existing organics carts are already green, WMAC and Tri-CED will replace trash and recycling carts to meet SB 1383 requirements. WMAC will also paint, replace, or change the lid color of existing bins to match the required color scheme.
SB1383 Organics Procurement
SB1383 requires that jurisdictions procure organics material annually based on population, and Hayward’s requirement equates to about 13,000 tons of mulch or compost needing to be procured annually. WMAC has agreed to increase the amount of compost provided for compost giveaways from 5,000 bags of compost to 10,000 bags per year. The City will need to procure approximately an additional 12,500 tons to meet SB 1383 requirements.
CalRecycle has indicated that strict enforcement of this requirement may not occur until 2025 and also that jurisdictions may receive credit for compost used on some private building projects. Staff and Stopwaste continue to work with CalRecycle to clarify procurement requirements and enforcement plans. Staff continues to discuss with WMAC the possibility of including the cost of compost procurement in the new franchise agreement.
7 https://www.calrecycle.ca.gov/organics/slcp/
SB 1383 Monitoring for Contamination
SB 1383 requires monitoring customers’ containers for contamination. Staff and WMAC have discussed at length the procedures and criteria to be used to define and determine levels of contamination. WMAC has proposed to use cameras on collection trucks to monitor contamination, and also implement a method of charging fees for repeated occurrences of unacceptable levels of contamination.
Overage Charges
When containers are over-filled and lids are not closed, loose material can easily become unsightly litter. Also, when recycling containers are not closed, moisture can reduce the value of paper and cardboard. In addition to monitoring contamination, staff and WMAC have agreed to use the truck camera system to monitor for overages and implement a method of charging fees for overflowing carts and bins. Overage would be defined as a container’s lid being open by 12 inches or more.
Big Belly Trash Receptacles
WMAC has agreed to increase the total number of public litter cans allowed citywide from 400 to 500, and allow for the installation of 25 Big Belly dual containers (trash & recycling), per year over the first four years of the contract. In addition, staff is considering replacing all the black metal cans in the Downtown area with new Big Belly dual containers. Many of the lids have been removed from the black metal cans and the Big Belly design deters over- filling and scavenging.
Davis Street Self-Haul Vouchers for Excess Waste
WMAC has agreed to continue offering 5,000 free disposal coupons every calendar year to all Hayward residents. The coupons are redeemable for the disposal of 2 cubic yards of waste at the Davis Street Transfer Station.
Electric Vehicles
Staff asked WMAC to leverage the opportunity presented by a new franchise agreement to seriously investigate deploying new electric route trucks instead of acquiring new compressed natural gas (CNG) trucks. WMAC has indicated it can potentially include some electric-power trucks to perform route service, should technological and economical changes occur through the course of the contact. In the near term, WMAC has agreed to add smaller electric support vehicles such as supervisor pick-ups, and trucks that deliver carts or collect bulky material to its fleet that serves Hayward. Tri-CED agreed to add an electric pickup truck to its fleet.
Household Battery Collection Expansion
Currently, household battery collection is only offered to single-family homes. WMAC has indicated it can provide collection containers for multi-family properties that may be located in a property manager’s office. WMAC has also agreed to provide containers for collection of household batteries in public locations such as City Hall and the libraries.
Public Litter Container Service
WMAC’s servicing of public litter containers has been a concern of the City’s for several years. Staff has proposed that WMAC could use its Smart Truck technology to record video
of the servicing of public litter cans to ensure cans receive the agreed-upon schedule of service. WMAC will provide monthly summaries of locations and dates of servicing for each container and accept increased liquidated damages for missed collection while also adding contract definitions for Abandoned Waste, Litter, and Excluded Material.
Recycling Markets
City staff have tentatively agreed to add contract language to the to allow for rate adjustments if WMAC’s revenue from the sale of recycling commodities changes significantly. WMAC has agreed to add Destinations of Recyclables to quarterly reports.
Contract language will also be updated to reflect the California Statewide Commission on Recycling’s recently published list of items that are truly recyclable.
Elements Under Discussion
Main Street Office
WMAC’s office on Main Street has been closed for most of the pandemic. The precise cost savings of closing the office permanently compared to the benefits of keeping the office open for the next 10 years is still under discussion.
Rate Compression
City staff have agreed to the concept of “rate compression” or adjusting larger size cart rates to encourage customers to select the right size for their needs, but this requires further discussion. Staff intends to limit changes to rates so that any given customer does not experience an excessive rate increase. Potential alterations to the rate structure are still under discussion.
Diversion Requirements
The current contract includes very ambitious diversion requirements for WMAC called the franchise recovery rate that proved too ambitious, and were not attained. Staff and WMAC will discuss potential revisions to the Diversion Requirements.
Biosolids Management
SB 1383 regulations will require that the management and disposal of Hayward’s biosolids change during the term of the new contract. The cost and potential operational changes are still under discussion.
Overall Cost
The overall initial rate increase, rate structure and cost of service is still under discussion.
WMAC is completing economic projections, running cost models, and acquiring information from Tri-CED and has yet to provide final information to the City for review. WMAC has also requested a cost-based analysis be conducted during the course of the contract, where an approved return on investment is reviewed and assured.
Timeline:
If directed by Council, staff will continue to negotiate the terms listed above. Staff is hopeful that negotiations can be completed in the spring of 2022 so that a new contract can be
presented to Council in summer 2022. If negotiations are not completed in spring of 2022, staff may recommend issuance of a request for proposals (RFP) to potentially select a hauler through a competitive process to serve Hayward. The anticipated schedule for completing negotiations as well as the alternate schedule are as follows:
If Negotiated Agreement Successful:
Request Council Approval to Begin Negotiating with WMAC September 2020 Begin Negotiating Period October 1, 2020
Council Authorization to Continue Negotiating with WMAC June 15, 2021 Council Work Session to Review Preliminary Terms October 26, 2021 Potential Council Action to Extend Negotiating Period January 2022 Potential Council Action to Extend Current Franchise January 2022 Council Work Session to Consider Negotiated Terms March/April 2022 Council Hearing to Consider Approval of New Contract June 2022
If Terms Not Agreed Upon by April 2022:
Issue RFP for Consultant Services for Assistance with Selecting a New Franchisee May 2022
Council Action to Hire Selected Consultant July 2022
Prepare and Issue RFP Fall 2022
Receive Proposals Winter 2022
Select a Franchisee and Negotiate a Contract Spring/Summer 2023 Council Approval of New Franchise Agreement Fall 2023
New Service Provider to Order Carts, Bins, Vehicles, etc. Fall 2023 Receive equipment and distribute new collection carts Fall 2024 Begin New Service January 1, 2025
FISCAL AND ECONOMIC IMPACTS
Staff is striving to keep rates reasonable and enhance services. The low-income rate assistance program will remain part of the agreement. Maintaining reasonable solid waste and recycling service fees and improving service levels would have a positive impact on the community. Regardless of the path chosen, the negotiation of a new franchise agreement will continue to require significant staff time, however, such staff time will be absorbed by already budgeted positions. If rates are increased, Franchise Fees will modestly increase, which will benefit the City’s General Fund, Recycling Fund, Stormwater Fund, and Street System Improvement Fund.
STRATEGIC ROADMAP
This agenda item does not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap. It is possible that a new franchise agreement could support the following project in the Support Quality of Life Strategic Priority:
Project 7: Implement targeted illegal dumping prevention program Project 7, Part 7a: Pilot programs and analysis
Project 7, Part 7b: Roll out permanent program
SUSTAINABILITY FEATURES
Solid waste management involves the safe and responsible management of discarded material from generation through processing to disposal. Reducing waste landfilled by maximizing the reuse, recycling, and composting of materials increases diversion, conserves natural, resources, and plays an important role in making a community sustainable.
PUBLIC CONTACT
No public contact has been conducted.
NEXT STEPS
Upon adoption of the resolution by Council, staff will notify WMAC in writing that the Franchise Agreement is extended for 12 months until March 1, 2023. Upon direction from Council, staff will continue exclusive negotiations with WMAC with the goal of bringing a proposed agreement to Council prior to June 30, 2022. If negotiations are not successful, the City could prepare and issue an RFP and call for new proposals from any qualified and interested service provider, including WMAC.
Prepared by: Jeff Krump, Solid Waste Program Manager
Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member
RESOLUTION FINDING AND DETERMINING THE NEED TO EXTEND THE
FRANCHISE AGREEMENT BETWEEN THE CITY OF HAYWARD AND WASTE
MANAGEMENT OF ALAMEDA COUNTY FOR SOLID WASTE, RECYCLABLE MATERIALS, AND ORGANICS MATERIAL SERVICES FOR ONE 12 -MONTH PERIOD ENDING FBERUARY 28, 2023
WHEREAS, the City of Hayward holds a Franchise Agreement with Waste Management of Alameda County that expires February 28, 2022; and WHEREAS, the City of Hayward is negotiating a new Franchise Agreement with Waste Management of Alameda County that may require another six months to complete; and
WHEREAS, the current Franchise Agreement allows the City of Hayward, at its sole discretion, the option to extend the Franchise Agreement with Waste Management of Alameda County for up to three 12-month periods.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows: The Franchise Agreement Between the City of Hayward and Waste Management of Alameda County for Solid Waste, Recyclable Materials, and Organic Materials Services shall be extended for one 12-month period ending February 28, 2023.
IN COUNCIL, HAYWARD, CALIFORNIA , 2022.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST: __ City Clerk of the City of Hayward
APPROVED AS TO FORM:
_______
City Attorney of the City of Hayward
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO CONTINUE EXCLUSIVE
NEGOTIATIONS WITH WASTE MANAGEMENT OF ALAMEDA COUNTY TO
EXTEND THE SOLID WASTE AND RECYLING FRANCHISE AGREEMENT WHEREAS, the City of Hayward holds a Franchise Agreement with Waste Management of Alameda County to provide Hayward with solid waste, recyclable materials and organic materials services that expires February 28, 2022; and WHEREAS, the City of Hayward has been negotiating a new Franchise Agreement with Waste Management of Alameda County since October 2020 to enhance current services provided Hayward and to comply with new state recycling laws; and WHEREAS, the City of Hayward and Waste Management of Alameda County still have several key terms left to negotiate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to continue exclusive negotiations with Waste Management of Alameda County through June 30, 2022, to extend the solid waste and recycling franchise agreement.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT III
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-038
DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Manager
SUBJECT
Adopt a Resolution 1) Authorizing the City Manager to Accept and Appropriate $5,236 in Private Community Donations for the Hayward Navigation Center; and 2) Amend the Professional Services Agreement with Bay Area Community Services to Increase the Hayward Navigation Center Contract Amount by $5,236 for a Not-to-Exceed Amount of $2,453,356 to Provide Additional Flexible Funds for Hayward Navigation Center Residents
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to:
1) Accept and appropriate $5,236 in private community donations to Hayward Navigation Center; and
2) Amend the professional services agreement with Bay Area Community Services (BACS) to increase the contract amount by $5,236 for a not-to-exceed amount of $2,453,356 to provide additional flexible funds for Hayward Navigation Center Residents.
SUMMARY
In 2019, as part of the development of the Hayward Navigation Center, staff created a PayPal donation portal for designated use at the Hayward Navigation Center. Since launching the donation portal, the City has received $5,236 in private donations from private community members for designated use at the Hayward Navigation Center. Staff recommend allocating these funds directly to BACS to use as flexible funding for direct client support.
As part of the Hayward Navigation Center model, residents are provided with up to nine months of financial assistance upon exit from the program. The average flexible fund allocation is $2,000 and is used to support overcoming barriers for individuals experiencing homelessness to move into, and stabilize in, permanent housing. Funds go toward direct housing costs, such as security deposits, first and last month’s rent, housing furnishings and essentials.
ATTACHMENTS
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-038
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: City Manager
SUBJECT: Adopt a Resolution 1) Authorizing the City Manager to Accept and Appropriate $5,236 in Private Community Donations for the Hayward Navigation Center; and 2) Amend the Professional Services Agreement with Bay Area Community Services to Increase the Hayward Navigation Center Contract Amount by $5,236 for a Not-to-Exceed Amount of $2,453,356 to Provide Additional Flexible Funds for Hayward Navigation Center Residents
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to:
1) Accept and appropriate $5,236 in private community donations to Hayward Navigation Center; and
2) Amend the professional services agreement with Bay Area Community Services (BACS) to increase the contract amount by $5,236 for a not-to-exceed amount of $2,453,356 to provide additional flexible funds for Hayward Navigation Center Residents.
SUMMARY
In 2019, as part of the development of the Hayward Navigation Center, staff created a PayPal donation portal for designated use at the Hayward Navigation Center. Since launching the donation portal, the City has received $5,236 in private donations from private community members for designated use at the Hayward Navigation Center. Staff recommend allocating these funds directly to BACS to use as flexible funding for direct client support.
As part of the Hayward Navigation Center model, residents are provided with up to nine months of financial assistance upon exit from the program. The average flexible fund allocation is $2,000 and is used to support overcoming barriers for individuals experiencing homelessness to move into, and stabilize in, permanent housing. Funds go toward direct housing costs, such as security deposits, first and last month’s rent, housing furnishings and essentials.
BACKGROUND AND DISCUSSION
The Hayward Navigation Center opened in November 2019 and is staffed by BACS. The Hayward Navigation Center provides immediate shelter, intensive case management, and housing navigation services to homeless adults in Hayward.
Despite significant reduced capacity due to the COVID-19 pandemic, as of November 1, 2021, BACS has successfully moved 98 formerly homeless Hayward residents into permanent housing. As part of the Hayward Navigation Center model, residents are provided with up to nine months of financial assistance upon exit from the program. The average flexible fund allocation is $2,000 and is used to support overcoming barriers for individuals experiencing homelessness to move into, and stabilize in, permanent housing. Funds go toward direct housing costs, such as security deposits, first and last month’s rent, housing furnishings and essentials.
In 2019, as part of the development of the Hayward Navigation Center, staff created a PayPal donation portal for designated use at the Navigation Center. Since launching the donation portal, the City has received $5,236 in private donations for designated use at the Hayward Navigation Center. Staff recommends allocating these funds directly to BACS for use as flexible funding for direct client support.
ECONOMIC IMPACT
This funding will allow for ongoing sustainability of the Hayward Navigation Center, which has a positive economic impact by reducing homelessness and poverty and moving individuals into permanent housing.
FISCAL IMPACT
This item has no fiscal impact.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing.
Specifically, this item relates to the implementation of the following projects:
1. Sustain the Navigation Center to House and Support People who are Homeless 2b. Implement the Let’s House Hayward! Homelessness Reduction Strategic Plan
Let’s House Hayward! Strategic Plan
- 2.1a. Continue oversight and management of the Navigation Center - 3.1f. Provide flex funds, including one-time financial assistance for diversion and problem-solving program
PUBLIC CONTACT
There is no public contact associated with this item.
NEXT STEPS
Upon authorization from the City Council, the City Manager will amend the agreement with BACS, increasing the grant by $5,236.95 to a not-to-exceed amount of $2,453,356.
Prepared by: Jessica Lobedan, Management Analyst II
Recommended by: Jennifer Ott, Assistant City Manager
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-__________
Introduced by Council Member_________
RESOLUTION AUTHORIZI NG THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $5,236 I N PRIVATE COMMUNITY DONATIONS FOR THE
HAYWARD NAVIGATION C ENTER AND AMEND THE PROFESSIONAL
SERVICES AGREEMENT W ITH BAY AREA COMMUNI TY SERVICES TO
INCREASE THE HAYWARD NAVIGATION C ENTER CONTRACT AMOUNT BY $5,236 FOR A NOT -TO-EXCEED AMOUNT OF $2,453,356
WHEREAS the City of Hayward has received $5,236 in private community donations for designated use at the Hayward Navigation Center; and WHEREAS Bay Area Community Services (BACS) operates the Hayward Navigation Center; and
WHEREAS, as part of the Hayward Navigation Center model, residents are provided with up to nine (9) months of financial assistance through flexible funds upon exit from the program; and
WHEREAS flexible funds are used to support overcoming barriers for individuals experiencing homelessness to move into and stabilize in permanent housing, including for direct housing costs such as security deposits, first and last month’s rent, housing furnishings and essentials.
NOW, THEREFORE, BE IT RESOLVED THAT, that the City Council of the City of Hayward hereby authorizes the City Manager or her designate to accept and appropriate $5,236 in community donations for the Hayward Navigation Center and amend the professional services Agreement with BACS to increase the Hayward Navigation Center contract amount by $5,236 for a not-to-exceed amount of $2,453,356 to provide additional flexible funds for Hayward Navigation Center residents.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA______________________, 2022.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-022
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the Safe Routes for Seniors Project
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the plans and specifications, and call for bids for the Safe Routes for Seniors (SR4S) Project.
SUMMARY
The SR4S Program targets pedestrian improvements designed to improve accessibility for senior residents and visitors. Given the concentration of facilities serving senior residents in and around the Downtown, this phase of the muti-year program focuses primarily in the Downtown area of Hayward.
The proposed improvements will encourage senior citizens to walk more and make walking in Downtown Hayward safer, more pleasant, and accessible for all.
The budget for this project is $3.7 million of Measure BB infrastructure improvements funds and is included in the FY 2022 Capital Improvement Program (CIP). The Project includes four intersections located in the Downtown Hayward area. The construction documents are completed, and staff requests Council’s approval of the plans and specifications and call for bids.
Council Infrastructure Committee Review
This project was presented to the Council Infrastructure Committee (CIC) on May 29, 2019, July 22, 2020, and April 38, 2021; and received their recommendation to be presented to Council for consideration.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 2
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File #:CONS 22-022
CITY OF HAYWARD Printed on 1/14/2022Page 2 of 2
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the Safe Routes for the Seniors Project
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the plans and specifications, and call for bids for the Safe Routes for Seniors (SR4S) Project.
SUMMARY
The SR4S Program targets pedestrian improvements designed to improve accessibility for senior residents and visitors. Given the concentration of facilities serving senior residents in and around the Downtown, this phase of the muti-year program focuses primarily in the Downtown area of Hayward. The proposed improvements will encourage senior citizens to walk more and make walking in Downtown Hayward safer, more pleasant, and accessible for all.
The budget for this project is $3.7 million of Measure BB infrastructure improvements funds and is included in the FY 2022 Capital Improvement Program (CIP). The Project includes four intersections located in the Downtown Hayward area. The construction documents are completed, and staff requests Council’s approval of the plans and specifications and call for bids.
Council Infrastructure Committee Review
This project was presented to the Council Infrastructure Committee (CIC) on May 29, 2019, July 22, 2020, and April 38, 2021; and received their recommendation to be presented to Council for consideration.
BACKGROUND
After receiving project approval from the Alameda County Transportation Commission (ACTC), the City’s Community Services Division and Public Works & Utilities Department held two public outreach meetings. The meetings included a presentation, two design activities, and a survey. Seniors were able to participate via passive mapping activities in
which they selected which intersections are the most difficult to cross. After analyzing results from community meetings and collision data, staff prioritized the intersections located in the study area and narrowed down scope to five signalized and one unsignalized intersections. The selected six intersections are:
1. Hazel Ave./City Center Dr. and Foothill Blvd.
2. A St. and Montgomery Ave.
3. B St. and Montgomery Ave. (Unsignalized)
4. Watkins Ave. and D St.
5. A St and Main St.
6. C St and Main St.
Two of the prioritized intersections, A Street/Main Street, and C Street/Main Street, are located within the project scope area for the future Main Street Complete Street Project (Main Street). These two intersections have been removed from the SR4S project and will be included as part of the Main Street project to increase efficiency of both projects. The Main Street project is currently on hold pending coordination with local business owners.
Below is a list of major milestones for the SR4S project:
May 29, 20191: Staff presented the SR4S program to the CIC.
July 2 & 27, 2019: City staff, local senior housing facilities and senior centers, engaged in two outreach meetings.
June 26, 2020: A Request for Proposals (RFP) was issued to solicit Engineering Design Consultants. W-Trans, Inc., was chosen as the design consultant.
July 22, 20202: City staff presented the project updates to the CIC.
March 8, 2021: Following the development of conceptual design improvements, the team conducted public outreach to receive community feedback regarding proposed improvements for each intersection. An online community meeting was held to expand outreach beyond the meeting.
April 28, 20213: Staff presented the Phase I engineering design and proposed improvements to the CIC. Phase I focused on the existing conditions, evaluation, community outreach, and culminated in the selection of preferred concept plans.
November 15, 2021: Phase II, including the engineering design plans, specifications, and estimates is completed.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=3957521&GUID=DE0BC635-A9CB-49C9-9251-39C46E502CED&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4595746&GUID=9F8EF13D-EC8D-4F25-8F1E-17BB86078DB5&Options=&Search= 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4923165&GUID=906AD478-B718-4988-9657-461997B2F1D9&Options=&Search=
December 16, 2021: Construction documents completed.
DISCUSSION
From the beginning through the end phases of design, the process for making improvements to the selected intersections included collaboration with community members through three outreach meetings. After each community meeting, staff provided updates to the CIC and received comments and direction. The construction documents are now complete and include the following features for each intersection:
Foothill Boulevard/Hazel Avenue-City Center Drive intersection (Figure A):
Remove northbound and southbound right-turn lanes.
Allow enough room for future bike lanes on Foothill Blvd. Extend curbs on all four corners facing Foothill Blvd. Extend curb towards Hazel Avenue on the northeast corner. Widen medians on Foothill Blvd. for pedestrian refuge including seating and ped push buttons.
Install directional American with Disabilities Act (ADA) approved ramps with high visibility yellow or similar color on all four corners. Setback advance stop bar further in advance of crosswalks. Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
Signal poles to be moved to accommodate bi-directional ramps. Relocate pedestrian push buttons to new poles closer to ADA ramps. Install pedestrian push buttons in Foothill Blvd. median refuge islands. Install larger pedestrian signal heads.
Include a lead pedestrian phase for all pedestrian calls (4 seconds included). Maintain protected left-turn phasing on all four signal approaches. Increase pedestrian crossing time to serve a slower pedestrian speed Install ‘No Right Turn on Red’ extinguishable message signs on all four approaches which would activate during ped calls.
Restripe continental crosswalks with high visibility thermoplastic including consideration of themed design to call attention to crosswalks.
Figure A: Foothill Boulevard/Hazel Avenue-City Center Drive intersection
Montgomery Avenue/A Street Intersection (Figure B):
Remove westbound right turn lane.
Extend curbs on the North-East corner facing south, but still allow for future bike lanes, east of Montgomery Avenue.
Install directional ADA ramps with high visibility yellow or similar color on all four corners.
Install advance stop bar in advance of crosswalks.
Redesign north leg crosswalk so that it is perpendicular to roadway.
Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
Proposed protected left-turn phasing with four new signal pole mast arms plus four new Type 1 poles.
Relocate ped push buttons poles closer to ADA ramps.
Install larger pedestrian signal heads for North-South pedestrian movements.
Include a lead pedestrian phase for all pedestrian calls (4 seconds included).
Convert all phases to include protected left-turn phasing.
Increase pedestrian crossing time to serve a slower pedestrian speed.
Install ‘No Right Turn on Red’ extinguishable message signs on all four approaches which would activate during pedestrian calls.
Restripe continental crosswalks with high visibility thermoplastic.
Enhanced pedestrian warning signs.
Figure B: Montgomery Avenue/A Street Intersection
Montgomery Avenue/B Street Intersection (Figure C):
Extend bike lanes on D Street from the west to the intersection with Montgomery Avenue.
Allow enough room for future bike lanes on B Street to the east.
Redesign south leg with raised crosswalk.
Install directional ADA ramps with high visibility yellow or similar color on all four corners.
Install advance stop bar in advance of crosswalks.
Redesign east and west leg crosswalks so that they are perpendicular to roadway.
Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
Restripe continental crosswalks with high visibility thermoplastic.
Enhanced pedestrian warning signs.
Figure C: Montgomery Avenue/B Street Intersection
Watkins Avenue/D Street (Figure D):
Eliminate southern eastbound through lane between Watkins Street to Francisco Street and extend curb to narrow D Street.
Reconstruct driveway curb cuts and sidewalks on South-East corner to be more ADA compatible.
Install directional ADA ramps with high visibility yellow or similar color on all four corners.
Install advance stop bar in advance of crosswalks.
Redesign south leg crosswalk so that it is perpendicular to roadway.
Reposition existing crosswalks as needed to accommodate new directional ADA ramps.
Proposed protected left-turn phasing (North-South) with two new signal pole mast arms. Five other poles to be relocated to accommodate bi-directional ramps.
Relocate ped push buttons poles closer to ADA ramps.
Install larger pedestrian signal heads for pedestrian movements.
Increase intensity lighting to ensure full coverage of pedestrian crosswalks and corners.
Include a lead pedestrian phase for all pedestrian calls (4 seconds included).
Convert N-S phases to include protected left-turn phasing.
Install ‘No Right Turn on Red’ extinguishable message signs on all four approaches which would activate during ped calls.
Restripe continental crosswalks with high visibility thermoplastic.
Enhanced pedestrian warning signs.
Figure D: Montgomery Avenue/B Street Intersection
With the completion of the construction documents, staff seeks the Council’s approval of the plans and specifications and call for bids.
ECONOMIC IMPACT
The SR4S program fosters economic activities by making walking in Downtown Hayward safer, pleasant, and accessible for all. It can result in a reduction of single lane occupancy vehicles, reduced congestion, and less costs related to automobile-related infrastructure maintenance and contributes to the overall efficiency of the transportation system.
FISCAL IMPACT
The project utilizes the City’s Measure BB Paratransit special revenue fund derived from Measure BB sales tax revenues administered by ACTC. The FY 2019-2021 Annual Paratransit Program Plan allocated $2.7 million of Measure BB infrastructure improvements funds toward the SR4S program. An additional $1 million was allocated in FY 2022 to continue and expand the program. There are sufficient funds available in the Measure BB Paratransit Capital fund balance (Fund 219). The recommended appropriation will enable the City to utilize these funds in a timely manner. The project will not have a fiscal impact on the General Fund.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project(s):
Project 1: Improve Access and Mobility in Downtown Hayward Project 8, Part 8e: Implement the Bike & Ped Master Plan; Assess Safe Routes for Seniors in the downtown area
Project 8, Part 8f: Implement the Bike & Ped Master Plan; Implement Safe Routes for Seniors in the downtown area
SUSTAINABILITY FEATURES
The plan will be a comprehensive effort to improve connectivity, public health, physical activity, and recreational opportunities. By applying best practices, the program will increase transportation options, reduce environmental impacts of the transportation system, and enhance the overall quality of life for residents. The goal of the program is to make walking in Downtown Hayward safe, pleasant, and accessible for all while prioritizing senior community residents. The resulting reduction in single occupancy vehicles will reduce vehicle miles traveled and greenhouse gases.
PUBLIC CONTACT
On July 2 and July 27, 2019, staff engaged in two outreach meetings to gather seniors’ input on their mobility needs. The purpose of these meetings was to identify obstacles for walking, encourage walking as a transportation option, and develop design solutions to improve walkability and safety for the senior residents.
Following the development of conceptual design improvements, the team conducted public outreach to receive community feedback regarding proposed improvements for each intersection. An online community meeting was held on March 8, 2021. Notification of the meeting was provided to individuals from the project mailing list as well as through Nextdoor, Facebook, Instagram, Twitter, and the dedicated City webpage. Meeting notification flyers were sent to the senior facilities located in the study area. The meeting was attended by eleven residents as well as City staff and members of the consultant team.
There were eleven comments presented by participants, which were a combination of expressions of support for the project, clarification questions, and intersection-specific recommendations. Staff also received seven comments through emails from the senior residents.
To expand outreach beyond the meeting, an online survey was prepared through SurveyMonkey. The survey was made available in both English and Spanish and was distributed to senior residential facilities and as well as the distribution networks used for the meeting notification. The survey solicited input from respondents on the project proposals based on images of existing conditions and the proposed improvements for each of the four project intersections.
Immediately after the construction contract is awarded, a preliminary notice explaining the project will be posted and distributed to all residents and businesses nearby the affected intersections. After the construction work has been scheduled, signs on barricades will be posted seventy-two hours prior to commencement of work indicating the date and time of work for each intersection.
NEXT STEPS
February 2022 Bid Opening
March 2022 Award of Contract
April 2022 Start of Construction
October 2022 End of Construction
Prepared by: Ayeh Khajouei, Associate Transportation Planner Saeed Saebi, Associate Civil Engineer
Reviewed by: Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALL FOR
BIDS FOR THE SAFE ROUTES FOR SENIORS PROJECT
WHEREAS, those certain plans and specifications for the Safe Routes for Seniors (SR4S) Project, Project No. 05309, are hereby adopted as the plans and specifications for the project; and
WHEREAS, the Project is categorically exempt from environmental review under Section 15301 (c) of the California Environmental Quality Act (CEQA) for existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; and WHEREAS, the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and WHEREAS, sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B Street, 1st Floor, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, February 15, 2022, and immediately thereafter publicly opened and declared by the City Clerk in the Hayward City Hall Rotunda, located on the 1st Floor of City Hall, Hayward, California.
NOW, THEREFORE, BE IT RESOLVED, that the City Council will consider a report on the bids at a future regular meeting following the aforesaid opening and declaration of same.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTACHMENT II
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-016
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Rejecting All Bids, Approving Addendum No. 1 and Revised Plans and Specifications, and Calling for Bids for the Mission Boulevard Linear Park Project, Project No. 05288
RECOMMENDATION
That Council adopts a resolution (Attachment II) rejecting all bids, approving the revised plans and specifications incorporating additional requirements and Addendum No. 1, and calling for construction bids to be received on February 8, 2022 for the Mission Boulevard Linear Park Project.
SUMMARY
The Mission Boulevard Linear Park Landscape Project (Project) will provide improvements to the linear park adjacent to portions of the Mission Boulevard Corridor Improvements Phase 2 project. On November 16, 2021, Council approved the plans and specifications and authorized the Project to call for bids. On December 14, 2021, nine (9) bids for the project were received. The apparent low bid submitted by Los Loza, Inc., is $1,716,601 or 16% below the engineer’s estimateof $2,046,061. On December 21, 2021, the third lowest bidder, Redwood Engineering Construction, submitted a bid protest.
After review of the bid proposals and upon review of the Public Contract Code, it was determined that the omission by the design consultant of the language “or equal” for a product called out in the specifications and plans resulted in the specifications and plans to not be in compliance with the Public Contract Code. Therefore, staff is requesting Council reject all bids, approve the revised plans and specifications incorporating revised Public Contract Code requirements and approve Addendum No. 1, and call for construction bids to be received by February 8, 2022.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
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DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Rejecting All Bids, Approving Addendum No. 1 and Revised Plans and Specifications, and Calling for Bids for the Mission Boulevard Linear Park Project, Project No. 05288
RECOMMENDATION
That Council adopts a resolution (Attachment II) rejecting all bids, approving the revised plans and specifications incorporating additional requirements and Addendum No. 1, and calling for construction bids to be received on February 8, 2022 for the Mission Boulevard Linear Park Project.
SUMMARY
The Mission Boulevard Linear Park Landscape Project (Project) will provide improvements to the linear park adjacent to portions of the Mission Boulevard Corridor Improvements Phase 2 project. On November 16, 20211, Council approved the plans and specifications and authorized the Project to call for bids. On December 14, 2021, nine (9) bids for the project were received. The apparent low bid submitted by Los Loza, Inc., is $1,716,601 or 16% below the engineer’s estimate of $2,046,061. On December 21, 2021, the third lowest bidder, Redwood Engineering Construction, submitted a bid protest. After review of the bid proposals and upon review of the Public Contract Code, it was determined that the omission by the design consultant of the language “or equal” for a product called out in the specifications and plans resulted in the specifications and plans to not be in compliance with the Public Contract Code. Therefore, staff is requesting Council reject all bids, approve the revised plans and specifications incorporating revised Public Contract Code requirements and approve Addendum No. 1, and call for construction bids to be received by February 8, 2022.
BACKGROUND
The Linear Park is on the east side of Mission Boulevard from approximately 600 feet south of Blanche Street to 500 feet north of Fairway Street, and is approximately 5,000 feet long 1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5213906&GUID=5B691B4F-D712-4FC8-BF72- 9565B00C92EB&Options=&Search=
and varies in width from 50 to 65 feet. The Linear Park currently consists of an asphalt path, grasses, trees, and shrubs. Mission Boulevard Corridor Improvements Phase 2 project removed trees that were in declining health, replaced the asphalt path, added new pedestrian lighting and installed the main irrigation water line within the Linear Park. The landscape improvements were not included in the Phase 2 project because the cost estimate during the design phase exceeded the project budget.
From the beginning through the end phases of design, the process for making improvements to the Linear Park project included collaboration with community members through three meetings. After each community meeting, staff provided updates to the Council Infrastructure Committee (CIC) and received comments and direction. The construction documents are now complete and include the following features:
Reshape the flat landscape areas, using cut and fill to create earth forms that echo the East Bay Hills
Plant new trees, no-mow grass, native plants, wildflowers, and irrigation Realign the existing asphalt path at two locations
Add decomposed granite shoulder along the existing path for alternative surface for walker/runners as well as making it dog friendly
Create expanded paving areas and pathways using recycled concrete Add seating using reclaimed timbers and upcycled accent seating Add boulders
Install Bigbelly trash and recycling receptacles and pet waste stations Add art crosswalk
Provide privacy to adjacent properties by removing invasive plants, planting new shrubs and limbing up existing oleander along existing fencing Add shade trellis at Corrine Street bus stop
Below is a list of major milestones for the Project:
October 20192: Introduction of the project to CIC for scope options and associated costs.
June 20203: Council adopted a resolution authorizing the City Manager to execute a Professional Services Agreement with SurfaceDesign, Inc., (SDI) for the design of the Mission Boulevard Linear Park Landscape Project.
August 2020: SDI began pre-design data collection and field survey.
September 2020: Staff and SDI held first community meetings both virtual and onsite tent events to gather input for the conceptual design including a post meeting survey for additional community input.
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4199603&GUID=B7F58DED-4A4C-4A5B-B6FD- 64D1060A0B8B&Options=&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4576642&GUID=32D41BF8-52CB-4E7C-B048- 08B61F8CB28D&Options=&Search=
October 20204: Project update including community input to be considered in the conceptual design was presented to the CIC.
December 2020: Staff and SDI held a second virtual community meeting to present the conceptual design and gather input.
March 2021: Design development level completed.
April 20215: Project update was presented to the CIC.
June 2021: Staff and SDI held the third and final virtual community meeting to present the design development and gather input.
July 20216: Project update on the final design was presented to the CIC.
October 2021: Construction documents completed.
November 16, 2021: Council approved plans and specifications and call for bids.
December 14, 2021: Bid opening.
DISCUSSION
On December 14, 2021, nine (9) bids were received ranging from $1,716,601 to $3,047,150.
Los Loza, Inc., of Hayward, submitted the lowest bid in the amount of $1,716,601, which is
16.1% below the engineer’s estimate of $2,046,061. The second lowest bid was from ASG Builders of Mountain View at $1,775,900, which is 13.2% below the engineer’s estimate. The third lowest bid was from Redwood Engineering Construction of Redwood City at $1,779,945, which is 13.0% below the engineer’s estimate.
After review of the specifications, it was discovered that the paint product specified for the art crosswalk did not include “or equal” language in the specifications and plans. The paint product specified was StreetBond SB 150 Pavement Coatings which was used successfully on crosswalks in projects used by the design consultant and intended to be used for the Linear Park project. Staff did not intend to require exclusive use of StreetBond SB 150 Pavement Coatings for this project. Public Contract Code (PCC) Section 3400(b) prohibits specifying a specific brand unless the specification is followed by the words “or equal”. The “or equal” was unintentionally omitted in the plans and specification for this project and as a result, the specifications were not in compliance with the Public Contract Code. Public Contract Code Section 3400(c) allows specifications to call for use of a specific item by brand name only
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=4677680&GUID=566B11CB-76A2-467B-A13C- 09E61025BF61&Options=&Search=
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=4923166&GUID=5BE79211-DAA8-4DDD-965E- B8FEAF48DC1D&Options=&Search=
6 https://hayward.legistar.com/LegislationDetail.aspx?ID=5067291&GUID=4E2D20AA-0EFF-4D71-B5AB- 86BCEBA9B795&Options=&Search=
under limited circumstances and upon findings made by the legislative body justifying such exclusive use, none of which are applicable in this case.
Therefore, staff is requesting Council’s approval to reject all bids. The specifications will be revised to include language that when a certain brand is specified for the construction of the project, bidders may propose an equivalent product through a substitution process. This language will also be included in the specifications for all future projects.
On December 21, 2021, Redwood Engineering Construction of Redwood City submitted a bid protest stating that the first and second lowest bidders are not responsive since they did not list subcontractors to perform the art crosswalk and tree removal work. Because the specification was not in compliance with PCC Section 3400(b), the bid protest is rendered irrelevant. Staff has communicated this with Redwood Engineering Construction and that staff is requesting Council’s approval to reject all bids.
In addition to the above, the plans and specifications will include revisions to incorporate Addendum No. 1 which responded to bidder questions. With the completion of the revised plans and specification, staff seeks the Council’s approval of the plans and specifications and call for bids to be received by February 8, 2022.
Environmental review of the Linear Park project was included in the review of the Mission Boulevard Phase 2 project. Phase 2, including the Linear Park, was determined to be categorically exempt from environmental review pursuant to Section 15301 of the CEQA Guidelines for the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
ECONOMIC IMPACT
Completion of the landscape improvements will provide the final aspect of the complete streets total project for this portion of Mission Boulevard by providing additional pedestrian and bicycle facilities, recreation facilities which will result in positive economic benefits for nearby businesses and increased property values for residential areas adjacent to the Linear Park.
FISCAL IMPACT
This landscaping project is funded by the Route 238 Corridor Improvement Fund. Currently, the adopted FY20 CIP includes $2,813,000 for the project.
The estimated project costs are as follows:
Estimated Cost
Construction $2,000,000
Construction Contingency $200,000
Design $400,000
Construction Admin, Inspection, Testing $213,000
Project Total $2,813,000
Currently, there is sufficient funding based on the estimates. The bid documents include three additive bid alternates; specifically, they are for the installation of timber seating, reclaimed concrete pavers and shade trellis. Depending on the bids received, award of the construction contract may include or exclude these items so that the construction contract amount will be within the funded amount. The estimated project cost is based on the improvements outlined in the Discussion section and does not include new fencing along the existing private property fencing, additional exercise equipment, or sound walls, which were requested through community meetings. For these improvements, additional funding will be needed.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project:
Project 7 Improve Mission Boulevard as a key ‘Gateway to the City’
SUSTAINABILITY FEATURES
1. Water: The Project will include the installation of drought tolerant plants to reduce water usage.
2. Environment: This project will implement ReScape California (initially Bay-Friendly Landscaping) techniques to use native and climate appropriate plants for the Linear Park.
The Project will be reviewed for ReScape certification after the project design is complete.
3. Bike and Ped: The Project will provide a pleasant, safe, and inviting environment for walking, jogging, casual biking, and exercise.
PUBLIC CONTACT
As part of the design process, staff and the design consultant held three community meetings on September 25, 2020, December 10, 2020, and June 23, 2021. Based on the presentation of the conceptual design and design development, the feedback from the community members who provided input was overall positive. Information about the project can also be found on
the project webpage7. After the construction contract is awarded, a preliminary project notice will be distributed to residents along the Linear Park and nearby neighborhoods.
NEXT STEPS
If Council adopts the attached resolution, staff will send a formal rejection notice to all nine (9) bidders. Staff will then modify the specifications as described in the Discussion section. If Council approves re-advertising the project for public bidding, staff will return to Council for the award of the construction contract after construction bids have been received and reviewed.
The following is the tentative schedule for this project:
Advertise for Bids January 21, 2022
Open Bids February 8, 2022
Award Construction Contract March 8, 2022
Begin Construction April 4, 2022
Complete Construction Summer 2022
Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_________________________________
Kelly McAdoo, City Manager
7 https://hayward-ca.gov/Linear-Park
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION REJECTING ALL BIDS, APPROVAL OF ADDENDUM NO. 1 AND
REVISED PLANS AND SPECIFICATIONS , AND CALL ING FOR BIDS FOR THE MISSION BOULEVARD LINEAR PARK PROJECT, PROJECT NO. 05288 WHEREAS, by Resolution No. 21-226 on November 16, 2021, the City Council approved the plans and spec ifications for the Mission Boulevard Linear Park Project, Project No. 05288, and called for bids to be received on December 14, 2021; and WHEREAS, Addendum No. 1 was issued to respond to bidder questions; and WHEREAS, on December 14, 2021, n ine (9) bids were received ranging from $1,716,601 to $3,047,150. The low bid, submitted by Los Loza Inc., is approximately 16% below the engineer’s estimate of $2,046,061; and
WHEREAS, the specification for a specifi c pro duct did not include an “or e qual” language which is not in compliance with Public Contract Code Section 3400(b); and WHEREAS, on December 21, 2021, the third low est bi dder, Redwood Engineering Construction, submitted a bid p rotest stating that the first and second lowest bidders are not responsive since subcontractors were not listed to perform certain work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of H ayward that the above listed bids, and all other bids for the Project are hereby rejected.
BE IT FURTHER RESOLVED that Addendum No. 1, which makes certain revisions to the plans an d specifi cations are hereby approved and adopted as part of the plans an d specifications for the project.
BE IT FURTHER RESOLVED, that those certain plans and specifications for the Mission Boulevard Linear Park Project, Project No. 0 5288, on file in the Office of the City Clerk, are hereby adopted as the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Clerk is hereby autho rized and directed t o return the bids and bid bonds submitted by all bidders.
ATTACHMENT II
BE IT FURTH ER RESOLVED, that the bid protest of R edwood Eng ineering Construction is found to be moot and any administrative fee paid by Redwood in relation to the bid protest shall be returned.
BE IT FURTHER RESOLVED, tha t the C ity Clerk is her eby directed to cause a notice calling for bids for the required work and material to be made in the form a nd ma nner provided by law.
BE IT FURTHER RESOLVED, that sealed bids will therefore be received by the City Clerk’s office at City Hall, 777 B Street, 1st Floor, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, February 8, 2022, and immediately thereafter publicly opened and declared by the City Clerk in the Rotunda, City Hall, Hayward, California.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-048
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Opposing the California Public Utilities Commission’sProposed Decision Threatening Net Energy Metering and Supporting a Net Energy Metering Policy that Continues the Growth of Local and Rooftop Solar
That Council adopts the attached resolution (Attachment II) opposing the California Public Utilities Commission’s proposed decision threatening new energy metering and supporting a net energy metering policy that continues the growth of local and rooftop solar.
SUMMARY
The California Public Utilities Commission Board (CPUC) issued a proposed decision (PD) that threatens access to net energy metering and rooftop-scale solar and storage by homeowners and tenants alike. The CPUC could vote on the PD as early as January 27, 2022. If the PD is approved, it would make it extremely difficult for Hayward and California to meet adopted climate action and equity goals.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 1/14/2022Page 1 of 1
powered by Legistar™
DATE: January 18, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Opposing the California Public Utilities Commission’s Proposed Decision Threatening Net Energy Metering and Supporting a Net Energy Metering Policy that Continues the Growth of Local and Rooftop Solar
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) opposing the California Public Utilities Commission’s proposed decision threatening new energy metering and supporting a net energy metering policy that continues the growth of local and rooftop solar.
SUMMARY
The California Public Utilities Commission Board (CPUC) issued a proposed decision (PD) that threatens access to net energy metering and rooftop-scale solar and storage by homeowners and tenants alike. The CPUC could vote on the PD as early as January 27, 2022. If the PD is approved, it would make it extremely difficult for Hayward and California to meet adopted climate action and equity goals.
BACKGROUND
Customers who install small solar, wind, biogas, and fuel cell generation facilities to serve all or a portion of onsite electricity needs are eligible for the state's Net Energy Metering (NEM) program. NEM allows customers who generate their own electricity to serve their energy needs directly onsite and to receive a financial credit on their electric bills for any surplus energy fed back to their utility.
The current NEM program was adopted by the CPUC in 20161. The program provides customer-generators rate credits for energy exported to the grid and requires them to pay charges that align NEM customer costs more closely with non-NEM customer costs. NEM is designed to support the installation of customer-sited renewable energy generation.
On December 3, 2021, the East Bay Community Energy (EBCE) Board of Directors adopted a resolution2 urging the CPUC to strengthen the NEM program by expanding clean 1 The CPUC approved Decision 16-01-044 on January 28, 2016. 2 The EBCE resolution is available at https://ebce.org/meetings/special-meeting-board-of-directors-12-3-21/