Hayward City Council
March 15, 2022

Tuesday, March 15, 2022
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda

March 15, 2022City Council Agenda

CONCURRENT GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD AND

CITY COUNCIL MEETING
NOTICE: The City Council will hold a hybrid meeting in Council Chambers and virtually via Zoom.

How to observe the Meeting:

1. Comcast TV Channel 15

2. Live stream https://hayward.legistar.com/Calendar.aspx

3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:

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2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.

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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

March 15, 2022City Council Agenda

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 Special Meeting on January 18, 2022 MIN 22-0361.

Attachments: Attachment I Draft Minutes of 1/18/2022

PUBLIC HEARING
Resolution to Accept the Tabulation of Votes and if Allowed by the Votes, Confirm the Assessment, and Order the Levy and Collection of the Assessment for the Hayward SoMi
Development (Report from GHAD Manager)
PH 22-0152.

Attachments: Attachment I Staff Report
Attachment II Resolution No. 22-02
Attachment III Resolution No. 22-03
Attachment IV Hayward GHAD Notice of Assessment Final
Attachment V SoMi Development GHAD Engineers Report
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.

The Hayward Geologic Hazard Abatement District Board of Directors Adjourns and Reconvenes into the Meeting of the City Council.

March 15, 2022City Council Agenda

CITY COUNCIL MEETING

CLOSED SESSION ANNOUNCEMENTS
March 1, 2022
March 8, 2022
March 15, 2022

PRESENTATIONS
COVID-19 Victims and Survivors Memorial Day
Proclamation Recognizing the Cultural and Historical Significance of Nowruz

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 Special City Council Meeting on February 8, 2022
MIN 22-0331.

Attachments: Attachment I Draft Minutes of 2/8/2022
Approve the City Council Minutes of the City Council Meeting on February 15, 2022
MIN 22-0342.

Attachments: Attachment I Draft Minutes of 2/15/2022

March 15, 2022City Council Agenda
Approve the City Council Minutes of the City Council Meeting on February 22, 2022
MIN 22-0353.

Attachments: Attachment I Draft Minutes of 2/22/2022
Adopt Resolutions 1) Approving Addendum No. 1, Awarding a Contract to Los Loza, Inc., in the Amount of $1,641,198 for the Mission Boulevard Linear Park Project, Project No. 05288 and 2) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with
SurfaceDesign, Inc., by $80,000 for Construction Support for a Total Not-to-Exceed Amount of $390,000
CONS 22-1224.

Attachments: Attachment I Staff Report
Attachment II Resolution Award to Los Loza, Inc.

Attachment III Resolution Amendment for SurfaceDesign, Inc.

Attachment IV Bid Results
Adopt a Resolution Authorizing the City Manager to Execute Agreements and Other Documents with the California
Department of Transportation (Caltrans) to Receive Federally Funded Payments of $774,900 for the Traffic Signal
Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project, Project No. 05737
CONS 22-1235.

Attachments: Attachment I Staff Report
Attachment II Resolution
Approval of Final Map for Tract 8502, a 15 Lot Subdivision for Condominium Purposes at 29212 Mission Boulevard to Allow the Construction of 130 Condominium Units, 10,800 Square Feet of Ground Floor Commercial Space, Open Space Areas, and Related Site Improvements; Applicant/Owner: Hayward SoMi, LLC., Application No. 202100251
CONS 22-1306.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map Tract 8502
Attachment IV Approved Tentative Map
Attachment V Final Map Phasing

March 15, 2022City Council Agenda
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 22-1327.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A to Resolution
Adopt a Resolution Awarding a Contract to Golden Bay
Construction for the FY22 New Sidewalks Project, Project No. 05314, in the Amount of $770,591 and Authorizing an
Administrative Change Order Budget of $129,409
CONS 22-1408.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Approving Addendum No. 1, Rejecting Bid Protest and Awarding a Construction Contract to Bear
Construction, Inc., for the Municipal Parking Lot No. 1 Improvement Project, Project No. 05286 in the Amount of $390,183.50, and Authorizing a Construction Contingency Change Order Budget of $172,816.50
CONS 22-1459.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Project Location Map
Attachment IV Bid Protest
Attachment V Responses on Bid Protest
Adopt a Resolution Approving Addendum Nos. 1, 2 and 3,
Rejecting Two Non-Responsive Bids, Awarding a Contract to Golden Bay Construction, Inc., for Construction of Tract 8058 (Golden Oaks 2) Access and Utilities Improvements Project, Project No. 08058 in the Amount of $713,831, and Authorizing a Construction Contingency Budget in the Amount of $89,230 and Budget for Charges Related to Extension of PG&E Facilities in the Amount of $30,000
CONS 22-14610.

Attachments: Attachment I Staff Report
Attachment II Resolution

March 15, 2022City Council Agenda

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, March 22, 2022, 7:00 PM

PUBLIC COMMENT RULES
Any members 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.

March 15, 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 City website, Cable Channel 15 - KHRT, and YouTube. ***
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 [email protected].

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 22-036
DATE: March 15, 2022
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager

SUBJECT
Approve the Hayward Geologic Hazard Abatement District Board Minutes of the Special Meeting on January 18, 2022

RECOMMENDATION
That the Hayward Geologic Hazard Abatement District Board approves the GHAD Board meeting minutes of January 18, 2022

SUMMARY
The Hayward Geologic Hazard Abatement District Board held a meeting on January 18, 2022.

ATTACHMENTS
Attachment I Draft Minutes of January 18, 2022
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 1
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020866.0004\6576250.1

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, January 18, 2022

The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Halliday at 7:03 p.m.

ROLL CALL

Present: BOARDMEMBERS 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 November 16, 2021. It was moved by Boardmember Márquez and seconded by Andrews to approve the minutes; the motion carried unanimously (7-0-0).

2. Approve a Resolution to Declare the GHAD's Intent to Order an Assessment for the Hayward SoMi Development ("Development") and Set a Public Hearing 45 Days After Written Notice is Provided to Consider the Proposed Assessment and Any Protests Thereto. It was moved by Boardmember Zermeño and seconded by Boardmember Lamnin to approve the minutes; the motion carried unanimously (7-0-0).

GHAD MANAGER REPORT

3. The GHAD Manager reported that the public hearing to consider the proposed assessment for the Hayward SoMi Development is scheduled for March 15, 2022. The GHAD Manager reported that the GHAD continues to monitor property and that all GHAD-owned and maintained areas within the GHAD are performing well.

Boardmember Márquez requested that at each board meeting a tally of how many properties are currently within the GHAD and how many developments/proposed annexations are proposed in the near future is presented.

GHAD BOARD MEMBERS’ REPORTS, REFERRAL, AND FUTURE AGENDA ITEMS

4. None.

020866.0004\6576250.1

ADJOURNMENT

GHAD Board Chair Halliday adjourned the meeting at 7:15 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 #: PH 22-015
DATE: March 15, 2022
TO: Geologic Hazard Abatement District Board
FROM: GHAD Manager and GHAD Attorney

SUBJECT
Resolution to Accept the Tabulation of Votes and if Allowed by the Votes, Confirm the Assessment, and Order the Levy and Collection of the Assessment for the Hayward SoMi Development

RECOMMENDATION
Staff recommends that the GHAD Board take the following actions: 1) Open and conduct a public hearing on the proposed assessment; 2) Close the hearing and consider any protest against the assessment; 3) Direct the GHAD Clerk to canvass and tabulate the assessment ballots; 4) Adopt Resolution 22-02 Accepting the Tabulation of Votes; and 5) If the vote supports the approval, adopt Resolution 22-03 confirming the assessment, and authorizing the levy and collection of the assessment for the Hayward SoMi Development within the Hayward Geologic Hazard Abatement District.

SUMMARY
As approved by Hayward City Council Resolution 19-202, Infill Checklist Item No. 48 for the Hayward SoMi Development, Tract 8502, which includes Tract 8614, the City of Hayward required that Tract 8502 be annexed into the existing Hayward Geologic Hazard Abatement District ("Hayward GHAD" or "GHAD").

With the approval of Resolution No. 21-03, the Hayward GHAD Board of Directors (“GHAD Board”) approved annexation of the Hayward SoMi Development into the Hayward GHAD and approved the Plan of Control. With the approval of Resolution No. 22-01, the GHAD Board approved the draft Engineer’s Report for the Hayward SoMi Development, which identifies the source of funding for the GHAD- maintained improvements identified in the Plan of Control. In order to impose the assessment set forth in the Engineer’s Report, it is recommended the GHAD Board adopt Resolution No. 22-02 and 22-03 to accept the tabulation of the ballots, consider any protests against the proposed assessment, and certify the canvass of votes.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution No. 22-02
Attachment III Resolution No. 22-03
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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File #:PH 22-015
Attachment IV Hayward GHAD Notice
Attachment V SoMi Development GHAD Engineer Report
CITY OF HAYWARD Printed on 3/10/2022Page 2 of 2
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17479.000.000
March 15, 2022

HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT

TO: Hayward GHAD Board of Directors

FROM: GHAD Manager
GHAD Attorney

BOARD MEETING DATE: March 15, 2022

SUBJECT: Resolution to Accept the Tabulation of Votes and if Allowed by the Votes, Confirm the Assessment, and Order the Levy and Collection of the Assessment for the Hayward SoMi Development

RECOMMENDATION(S):

Staff recommends that the GHAD Board take the following actions:

1. Open and conduct a public hearing on the proposed assessment;

2. Close the hearing and consider any protest against the assessment;

3. Direct the GHAD Clerk to canvass and tabulate the assessment ballots;

4. Adopt Resolution 22-02 Accepting the Tabulation of Votes; and

5. If the vote supports the approval, adopt Resolution 22-03 confirming the assessment, and authorizing the levy and collection of the assessment for the Hayward SoMi Development within the Hayward Geologic Hazard Abatement District.

SUMMARY:

As approved by Hayward City Council Resolution 19 -202, Infill Checklist Item No. 48 for the Hayward SoMi Development, Tract 8502, which includes Tract 8614, the City of Hayward required that Tract 8502 be annexed into the existing Hayward Geologic Hazard Abatement Distri ct ("Hayward GHAD" or "GHAD"). With the approval of Resolution No. 21 -03, the Hayward GHAD Board of Directors (“GHAD Board”) approved annexation of the Hayward SoMi Development into the Hayward GHAD and approved the Plan of Control. With the approval of Re solution No. 22- 01, the GHAD Board approved the draft Engineer’s Report for the Hayward SoMi Development which identifies the source of funding for the GHAD-maintained improvements i dentified in the Plan of Control . In order to impose the assessment set forth in the Engineer’s Report, it is recommended the GHAD Board adopt Resolution No. 22-02 and 22-03 to accept the tabulation of the ballots, consider any protests against the proposed assessment, and certify the canvass of votes.

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.

On November 16, 2021 , the GHAD Board of Directors held a public hearing on the proposed

17479.000.000
March 15, 2022
annexation of the Hayward SoMi Development into the Hayward GHAD, and adopted Resolution 21-03 approving the annexation of the Ersted Project into the Hayward GHAD and accepting the Hayward SoMi Development Plan of Control.

A funding source has been secured for The Reserve (La Vista) and Hideaway (Ersted Project) developments within the Hayward GHAD and it is now appropriate to secure a funding source for the Hayward SoMi Development annexation area. Like The Reserve and Hideaway developments, the funding source for the Hayward SoMi Development is through a real property assessment. The assessment for the 189 residential units within the Hayward SoMi Development is proposed to be imposed at the time building permits are issued for the homes; this assessment will fund the maintenance of the improvements in the Hayward SoMi Development Plan of Control previously approved by the GHAD Board on November 16, 2021 (Resolution No. 21-03).

On January 18, 2022 , the GHAD Board adopted Resolution No. 22 -01 approving the draft Engineer’s Report for the Hayward SoMi Development to set an assessment limit of $567.00 per townhome unit and $454.00 per condominium unit (Fiscal Year 2021/22 dollars).The Hayward SoMi Development assessment will not impact or change the existing assessments for The Reserve (La Vista) and Hideaway (Ersted Project) landowners in the GHAD.

Following the GHAD Board meeting on January 18, 2022, t he property owner of the Hayward SoMi Development was provided with a copy of the draft Engineer’s Report, a Notice of Intent to Order an Assessment, and a ballot (Resolution 22-01).

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 will be funded 100% through assessments levied on properties within the Hayward GHAD. Therefore, there is no fiscal impact on the City’s General Fund.

NEXT STEPS:

1. The GHAD Board shall consider all protests against the proposed assessment and shall not impose the assessment if there is a majority protest (Resolution 22-02). If there is no majority protest, the GHAD Board shall authorize the assessment (Resolution 22-03).

Prepared by: The GHAD Manager and GHAD Attorney

Recommended by: GHAD Manager

ATTACHMENTS:

A. Resolution No. 22-02
B. Resolution No. 22-03

BOARD OF DIRECTORS

HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
RESOLUTION NO. 22-02

RESOLUTION ACCEPTING TABULATION OF VOTES FOR THE HAYWARD SOMI

DEVELOPMENT WITHIN THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT WHEREAS, on March 15, 2022, the Hayward Geologic Hazard Abatement District (“GHAD”) Board of Directors (“GHAD Board”), held a public hearing on a benefit assessment proposed to be levied on real property located within the Hayward SoMi Development. After the close of the public hearing, the GHAD Clerk opened the sealed ballot that had been submitted and not withdrawn prior to the close of the hearing and tabulated it in support of, or in opposition to, the proposed assessment. In tabulating the ballots, the GHAD Clerk weighted it according to the proportional financial obligation of the affected property.

NOW, THEREFORE, the GHAD Board hereby resolved and orders that:

1. The GHAD Board accepts the Tabulation of Votes from the GHAD Clerk showing the benefit assessment passed as follows:

Total Landowners Voted Yes No
Hayward SoMi, LLC

2. This Resolution shall become effective immediately upon its passage and adoption.

HAYWARD, CALIFORNIA, March 15, 2022
PASSED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

EXCUSED:

ATTEST:

Clerk of the GHAD Board

THE BOARD OF DIRECTORS OF HAYWARD

GEOLOGIC HAZARD ABATEMENT DISTRICT

RESOLUTION NO. 22-03

RESOLUTION CONFIRMING ASSESSMENT AND AUTHORIZING THE LEVY AND

COLLECTION OF THE ASSESSMENT FOR THE HAYWARD SOMI DEVELOPMENT WITHIN

THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT

WHEREAS, on March 1, 2016, the Hayward City Council approved Resolution No. 16 -030 ordering the formation of the Hayward Geologic Hazard A batement District (“GHAD”) and appointed itself to serve as the Hayward Geologic Hazard Abatement District Board of Directors (“GHAD Board”); and

WHEREAS, on October 26, 2021, the GHAD Board accepted a petition from Hayward SoMi, LLC requesting annexation of the 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 Plan of Control (“Plan of Control”) and thereafter adopted Resolution 21-03 approving the annexation and approving 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 combined townhome and condominium units, at a FY 2021/22 level of $567.00 per townhome unit and $454.00 per condominium unit for GHAD services and is attached a s 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 ad ditional 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 is 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 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 wit hin 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 in Exhibit A in attached Attachment 1 and each parcel is proposed to be assessed.

WHEREAS, on January 18 , 2022 , the GHAD Board adopted Resolution 22 -01 declaring its

intention to order an assessment on the Hayward SoMi Development and fixed a public hearing for March 15, 2022, to consider the assessment and any protest against the assessment; and

WHEREAS, pursuant to Resolution 2022 -01 the GHAD Board declared it intention, consistent with the requirements of Article XIII(D) of the California Constitution, to order that the costs and expenses of maintaining and operating the GHAD improvements acquired or constructed pursuant to Public Resources Code section 26500 et seq. be assessed against those parcels in the Hayward SoMi Development, as identified on the Boundary Map (Exhibit A to the Engineer’s Report), that are specially benefited by the GHAD; and

WHEREAS, Resolution No. 2022-01 declared the GHAD Board’s intention to assess against those parcels in the Hayward SoMi Development and as shown on the Boundary Map, all or part of the amount set forth in Engineer’s Report commencing with the following fiscal year given there is no majority protest to the proposed assessment; and

WHEREAS, this Resolution No. 2022-03 directs the tabulation of the ballots and presentation of the ballots received from record owners to the GHAD Board at the hearing. This Resolution states that the GHAD Board shall then consider all protests against the proposed assessment and certify the tabulation of the ballots. This Resolution states that, in tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation on the affected property. This Resolution states that the GHAD Board shall not impose the assessment if there is a majority protest and if there is no majority protest, the GHAD Board shall authorize the assessment.

The Board of Directors of the GHAD HEREBY RESOLVES THAT:

1. That notice of the public hearing described above in accordance with Public Resources Code sections 26651 through 26653 and Article XIII(D), Section 4 of the California Constitution was provided.

2. The public hearing was held before the GHAD Board on March 15, 2022, at 7:00 p.m. at Hayward City Hall, 777 B Street, Hayward, California. At the hearing, the GHAD Board heard and considered any and all protests to the proposed assessment. After the public hearing was closed, the sealed ballot was canvassed and tabulated.

3. Based upon the tabulation of the ballot, the GHAD Board finds that there is no majority protest. Therefore, the GHAD Board is auth orized to levy the proposed assessment pursuant to Public Resources Code section 26653 and Article XIII(D), Section 4 of the California Constitution on property within the Hayward SoMi Development.

4. The GHAD Board further conf irms the assessment at a FY 20 21/2022 level of $567.00 per townhome unit and $454.00 per condominium unit , as set forth in the Engineer’s Report.

5. The GHAD Board further orders that the assessment amount in the Engineer’s Report (with an adjustment annually to reflect the percentage change in the San Francisco - Oakland-Hayward Consumers Price Index for All Urban Consumers) shall be assessed against each residential unit in the Hayward SoMi Development, which shall be levied at the beginning of the following fiscal year given there is no majority protest to the proposed assessment for each parcel and the assessment will continue to be levied in perpetuity.

6. The GHAD Board further orders that the assessment shall be levied and collected in the following manner:

(a) The GHAD Manager shall cause to be recorded a Notice of Assessment, in substantially the form as attached hereto as Attachment 2, as provided for in Section 3114 of the California Streets and Highway Code, whereupon the assessment shall be imposed as a lien upon the property.

(b) Thereafter, the assessment shall be payable at the same time and in the same manner as general taxes on real property within the Hayward SoMi Development are payable.

(c) All funds generated by the assessment, and all returns earned on the assessment, shall be segregated and deposited in the existing Hayward GHAD account for the exclusive benefit of the Hayward GHAD, as directed by the GHAD Treasurer. Said funds shall not be deposited or credited to the City or any of its departments, including the City Finance and Management agency or the City Treasury.

7. This Resolution shall become effective immediately upon its passage and adoption.

HAYWARD, CALIFORNIA, March 15, 2022

PASSED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

Attest:____________________________

Attachments: 1 – Engineer’s Report
2 – Notice of Assessment

NOTICE OF ASSESSMENT

Pursuant to the requirements of Section 3114 of the Streets and Highways Code, the undersigned Clerk of the Hayward Geologic Hazard Abatement District State of California, hereby gives notice that a diagram and assessment were recorded in the office of the County Recorder of Alameda County as provided for in said section, more particularly described on that certain assessment diagram filed in accordance with the section in Book____ of Maps of Assessments and Community Facilities Districts at Page in the Office of the County Recorder of the County of Alameda and relating to the following described real property (commonly known as the Hayward SoMi Development):

The land referred to is situated in the County of Alameda, City of Hayward, State of California, and is described as follows:

Real Property situate in the City of Hayward, County of Alameda, and State of California; and being all of Tract 8502 and Tract 8614 and filed on __________ and recorded in Book of Maps at pages through , Official
Records of said County.

Notice is further given that, upon the recording of this notice in the Office of the County Recorder, the several assessments assessed on the lots, pieces and parcels shown on said filed assessment diagram shall become a lien upon the lots or portions of lots assessed respectively.

Reference is made to the assessment diagram and assessment roll recorded in the office of County Recorder of Alameda County.

Dated: _______________

Owner Notification:

Hayward SoMi, LLC
c/o The True Life Companies
12647 Alcosta Boulevard, Suite 470
San Ramon, CA 94583

ATTEST:

ATTACHMENT 2

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

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 geolo gic 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 6th day of January 2022.

_________________________________________
Patricia Curtin
Attorney and Acting 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 6th 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 th e 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 Anne xation (“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 Engineer’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 s hown 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 construction, maintena nce, 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 levying 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 professionals t o 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, maintenance, 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 d ebris benches and /or catchment structures within GHAD Annexation Area.

 Maintenance of storm drain inlets, outfalls 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 gener al, 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 G HAD 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 Annexat ion 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 Ann exation 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 within 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 buildings, 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. Th e 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

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The Engineer recommends an annual assessment limit 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 reflect 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 (approx imately 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 assumptions an d 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 requirement 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 required 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 any neces sary 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 cost s shall be covered by the funds generated by and for the GHAD Annexation Area (i.e., t hrough 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 busines s 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
Equivalent Assessment Units
189
175.8
Annual Assessment per Townhome Unit (FY 2021/2022)
Annual Assessment per Condominium Unit (FY 2021/2022)
Approximate Total Habitable Commercial Building Area (square feet) Annual Assessment per Habitable Commercial (square feet) $567
$454
8,049
$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

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-033
DATE: March 15, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on February 8, 2022

RECOMMENDATION
That the Council approves the special City Council meeting minutes of February 8, 2022.

SUMMARY
The City Council held a meeting on February 8, 2022.

ATTACHMENTS
Attachment I Draft Minutes of February 8, 2022
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 1
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HAYWARD SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/81725986935?pwd=aXlPYlhHWXhjRHltSm1ZbGJBQ1l6dz09 Tuesday, February 8, 2022, 7:00 p.m.

The Special City Council meeting was called to order by Mayor Halliday at 7:02 p.m. The City Council held a virtual meeting with teleconference participation by members of the City Council, staff and public.

Pledge of Allegiance: Council Member Wahab

Present: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday

Absent: None

PRESENTATION

Council Member Andrews read a Proclamation in which Mayor Halliday proclaimed February 2022 as Black History Month in the City of Hayward. Reverend Anthony Woods accepted the proclamation on behalf of t he Hayward South Alameda County National Association for the Advancement of the Colored People (NAACP) and thanked the City for the public recognition and support of the NAACP and its programs.

PUBLIC COMMENTS

Ms. Velda Goe referred to her correspondence regarding Rus sell City , Priority Q25 (Restitution) and noted she had conversations with former Russell City residents who want to partner with the Ci ty during Black History Month and have an open forum on health, wellness, and appropriate restitution.

Ms. Angela Johnson, Delta Sigma Theta Sorority member, appreciated the work of the City Council and especially Council Member Andrews.

CITY MANAGER’S COMMENTS

City M anager McAdoo announced the biennial Point-in-Time Coun t of individuals experiencing homelessness in the community was scheduled to take place on February 23, 2022, and the City was seeking volunteers to participate subject to COVID protocols.

Mayor Halliday, with Council’s consent, moved the Referral Item before the Consent Item.

CONSENT

1. Adopt a Resolution: (1) Declaring Specified City -Owned Properties Associated with the Former 238 Bypass Project Exempt Surplus Lands; and ( 2) Declaring Parcel Group 4 as Surplus Lands Pursuant to Government Code Section 54221 CONS 22-088 2 | F e b r u a r y 8 , 2 0 2 2
Staff report submitted by Assistant City Manager Ott , dated February 8, 2022, was filed.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, 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 22-037, “Resolution of the City Council of the City of Hayward Declaring Specified City-Owned Properties Associated with the Former 238 Bypass Project Exempt Surplus Land and Declaring Parcel Group 4 as Surplus Land Pursuant to
Government Code Section 54221”

PUBLIC HEARING

2. Andina Affordable Housing Project TEFRA Hearing: Public Tax and Equity Fiscal Responsibility Act Hearing as Required by the Internal Revenue Code of 1986, and Adoption of a Resolution Approving the Issuance of Revenue Bonds by the California Municipal Fi nance Authority in an Amount Not -to-Exceed $45 Mill ion to Finance or Refinance the Acquisition, Rehabilitation, Improvement and Equipping of a Multifamily Rental Housing Project Located at 1180-1182 E Street, Hayward, California PH 22-006

Staff report s ubmitted by Director of Finance Claussen , dated February 8, 2022, was filed.

Finance Director Claussen provided a synopsis of the staff report.

Discussion ensued among members of the City Council , Finance Director Claussen, Housing Manager Morales , and City Manag er McAdoo about the planned remodeling of the uni ts which would not impac t tenants; there would be minimal or no disruption to tenants; the property was in fairly good condition and changes to individual units would occu r as units were vacated; landlords could not increase the rent by more than 5% or 10% because there was a limit on the regulatory agreement consistent with the rent stabilization ordinance ; and penalties if violated for raising rent higher than permitted.

There being no pu blic comments, Mayor Halliday opened and closed the public hearing at 7:46 p.m.

Council Member Lamnin made a motion to move the item indicating she was pleased with the thoughtfulness and community needs representation included in the report.

HAYWARD SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/81725986935?pwd=aXlPYlhHWXhjRHltSm1ZbGJBQ1l6dz09 Tuesday, February 8, 2022, 7:00 p.m.

Council Member Zermeño seconded the motion.

Mayor Halliday thanked staff for the detail put into the agreement for the affordable housing project and its financing, in part to properly avoid challenging issues that had arisen in the past.

It was moved by Council Member Lamnin, seconded by Council Member Zermeño, 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 22-038, “Resolution of the City Council of the City of Hayward Approving t he Issuance by the California Municipal Finance Authority Qualified 501(C)(3) Bonds in an Aggregate Principal Amount Not to Exceed $45 Million for the Purpose of Financing or Refinancing the Acquisition, Rehabilitation , Improvement and Equipping of Andina Apartments and Certain Other Matters Relating Thereto”

COUNCIL REFERRAL

This item was heard following City Manager’s comments, prior to the public hearing.

3. City Council Referral: Pan African Flag Referral RPT 22-016

Staff report submitted by Council Members Andrews, Márquez, and Wahab, dated February 8, 2022, was filed.

Mayor Halliday announced the item and introduced Council Member Andrews who provided an overview of the referral memo which expressed interest in acknowledging the existence and meaning of the Pan Af rican Flag and coordinating to raise the flag annually on City flagpoles for Black History Month, Juneteenth, and August 17 acknowledging the birthday of Marcus Garvey.

Council Member Márquez thanked Council Member Andrews for her leadership, was excited to join her on the referral, and hoped the City Council would support the request as written. 4 | F e b r u a r y 8 , 2 0 2 2

Council Member Wahab acknowledged Council Member Andrews for being the first African American woman elected to the City Council and commended her for her leadership. Council Member Wahab thanked staff for highlighting racial equity in many ways and to Council for making it a priority.

Mayor Halliday opened public comment at 7:26 p.m.

Mr. Todd Davis, representing Ms. Freddye Davis of NAACP, expressed his appreciation for making the flag more than just a symbol but making it meaningful to people and thanked Council Members, City staff, and Council Member Andrews in particular, for supporting the Pan African flag.

Mayor Halliday closed public comments at 7:29 p.m.

Mayor Halliday thanked Council Members Andrews, Márquez and Wahab, and NAACP for bringing the idea forward.

City Manager McAdoo noted staff would work with Council Member Andrews and community groups to find the appropriate flag and raise it as soon as possible.

It was moved by Council Member Andrews, seconded jointly by Council Members Márquez and Wahab, and carried by the following roll call vote, to approve the Council Referral.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews announced that the Hayward Area Historical Society, the Hayward Library, and the Hayward Arts Council would host a Black H ealth and Wellness: Yesterday, Today and Tomorrow event on February 27, 2022, in partnership with the Women’s Ministry of Palma Ceia Baptist Church and the Eden Rose Chapter of The Links Incorporated.

Council Member Zermeño announced that HARD’s Kennedy Park would re-open next month.

Council Member Márquez appreciated Ms. Velda Goe’s comments earlier in the meeting, hoped someone from the library or the Hayward Area Historical Society would connect with her to capture the suggested oral Black history in Hayward.

HAYWARD SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/81725986935?pwd=aXlPYlhHWXhjRHltSm1ZbGJBQ1l6dz09 Tuesday, February 8, 2022, 7:00 p.m.

ADJOURNMENT

Mayor Halliday adjourned the special meeting at 7:52 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 22-034
DATE: March 15, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on February 15, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of February 15, 2022

SUMMARY
The City Council held a meeting on February 15, 2022.

ATTACHMENTS
Attachment I Draft Minutes of February 15, 2022
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 1
powered by Legistar™

HAYWARD CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84119129052?pwd=T3M1TUhTZ1c3ZjUwMGFPU2gzRkpZQT09 Tuesday, February 15, 2022, 7:00 p.m.

The City Council meeting was called to order by Mayor Halliday at 7:0 p.m. The City Council held a virtual meeting with teleconference participation by members of the City Council, staff and public.

Pledge of Allegiance: Council Member Zermeño

Present: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday

Absent: None

CLOSED SESSION

The City Council convened in closed session at 5:30 p.m., with all members present, regarding three items: (1) conference with property negotiators pursuant to Government Code 54956.8 regarding City Center Properties: 22300, 22292, and 22321 Foothill B oulevard; APNs: 415 - 0250-111-02, 415 -0250-112-00, and 415 -0250-113-00; 2) conference with legal counsel pursuant to Government Code section 54956 .9 regarding Barnes v. City of Hayward, et al.

United States District Court Case No. 3:20-cv-09245-JSC; and 3) conference with property negotiators pursuant to Government Code 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, 44 5-0260-018-04, 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 reported that C ouncil discussed all items but took no reportable action. It was noted the Council adjourned the closed session at 6:47 p.m.

PRESENTATION

Mayor Halliday read a Proclamation recognizing J anuary 2022 as Human Trafficking Awareness Month and celebrate the focus of residents to parti cipate in efforts to raise awareness of and end all forms of human trafficking. Ms. Vanessa Russell, Love Never Fails Executive Director, and Ms. Necole Daniels, Ruby’s Place, Director of Programs, accepted the Proclamation on b ehalf of their non-profit organizations that serve survivors of human trafficking in Hayward.

PUBLIC COMMENTS

Ms. Jade had a comment about residential objective standards indicating that if more multi- unit housi ng was built, that should be smoke -free and offer protections, and looked forward to further discussion when a related ordinance is introduced.

2 | F e b r u a r y 15 , 2 0 2 2

Ms. Suzanne reminded the City Council to add to an upcoming agenda discussion on illegal fireworks and the concern of the comm unity. City Manager McAdoo noted that an amendment to the social nuisance ordinance was scheduled for March 22, 2022.

Ms. Velda Goe asked when the item related to the Russell City resti tution for descendants would be discussed and City Manager McAdoo noted she would be notifi ed when the item and related budged was scheduled to be heard.

Council Member Wahab stated that she wa nted to add cannabis to th e smoke -free regulation for multi-unit housing, asked the City Manager to give an update on the timeline for the Russell City project, and favored prioritizing discussion of illegal fireworks.

CITY MANAGER’S COMMENTS

City Manager McAdoo made three announcements: the City, along with community partner agencies, was on its search to find the City’s first Youth Poet Laureate; the Hayward Executive Airport had been awarded a Federal Aviation Administration infrastructure grant to fund capital projects; and while the state’s masking requirements would change as of February 16, 2022, the Cit y planned to continue the requirement in all City facilities through the end of February.

CONSENT

1. Approve City Council Minutes of the City Council Meeting on January 25, 2022 MIN 22- 020
It was moved by Council Member Márquez, seconded by Council Member Salinas, and carried unanimously, to approve the minutes of the City Council meeting on January 25, 2022.

2. Adopt a Resolution A pproving Addendum No. 1, Awarding a Contract to Ranger Pipelines, Inc. for the Water Line Improvements Project, Project No. 07093, in an amount Not to Exceed $12,488,057 and Appropriating Additional Funds in an Amount of $3,734,000 CONS 22-079

Staff report submitted by Director of Public Works Alex Ameri , dated February 15, 2022, was filed.

It was moved by Council Member Márquez, seconded by Council Member Salinas, 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

HAYWARD CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84119129052?pwd=T3M1TUhTZ1c3ZjUwMGFPU2gzRkpZQT09 Tuesday, February 15, 2022, 7:00 p.m.

Resolution 22-039, “Resolution Approving Addendum No. 1, Awarding a Contract to Ranger Pipelines, Inc. for the Water Line Improvements Project, Project No. 07093, in an amount Not to Exceed $12,488,057 and Appropriating Additional Funds in an Amount of $3,734,000”

3. Adopt a Resolution Approving Allowing the City Counci l a nd Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconference Public Meetings Pursuant to Assembly Bill 361 CONS 22-101

Staff report submitted by City Manager McAdoo and City Clerk Lens, dated February 15, 2022, was filed.

It was moved by Council Member Márquez, seconded by Council Member Salinas, 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 22-040, “Resolution Making Findings Pursuant to Assembly Bill 361 to Continue to Hold Teleconferenced Public Meetings During the Covid-19 State of Emergency”

WORK SESSION

4. Public Safety Projects Update: Rece ive and Discuss Public Safety Policy Innovation Workshop Projects Update

Staff report submitted by Hayward City Manager McAdoo, dated February 15, 2022, was filed.

City Manager McAdoo announced the work session and Management Analyst James, Management An alyst Gallagher, Fire Chief Contreras, YFSB Administrator Young, Police Deputy Chief Matthews , and M anagement Analyst Thomas provided a six-month implementation update on the Public Safety Policy I nnovation Workshop Pilot projects:

Communications Center N eeds Assessment and Strategic Plan (Project #1 Dispatch Needs Assessment and Capaci ty I mprovement); Hayward Evaluation and Response Team (HEART) Program ( Project #2 Mobi le Mental Health Response Team , Project #3 District 4 | F e b r u a r y 15 , 2 0 2 2
Command Behavioral Health Clinician, Project #4 Behavioral Health Coordinator); Project 5 Expand Shelter Options and Outreach; Project #6 Community Service Officers Respond to Property Crimes ; Hayward People ’s Budget (Project #8 Neighborhood Participat ory Budgeting); Project #9 HPD Training Curriculum W orking Group; and Project #17 Community Complaint Liaison.

Mayor Halliday opened public comments at 7:48 p.m.

Ms. Cynthia Nunes, Hayward Community Coalition member and cousin of Agustin Gonzalez (deceased), asked to include in the process of pilot programs the names of public members killed by Hayward police, and expressed concern with the HEART service model and Mobile Evaluation Team (MET) process.

TJ, Hayward Concerned Citizens member, noted the pub lic safety projects implementation website and link for p roject #1 needed to be updated , added there should be data for the HEART Program and Project #6, and noted more police staffing was needed.

Mr. Jessie Gunn, Hayward res ident and Hayward Communit y Coalition member, agreed with the need for data , in particular the ratio of calls sent for mental health issues having armed officers, and spoke about the impor tance for people to feel safe about the number they call.

Mayor Halliday closed public comments at 7:58 p.m.

Discussion ensued among membe rs of the City Council and City staff regarding: pro tocol for Community Services Officers (C SOs) encountering v iolent crimes where weapons are produced which would involve calling an armed officer; budget recomm endations would allow to full scale project launches; situations when an armed o fficer may be engaged or not in responding to a call for service regarding mental health crises; the Hayward People’s Budget project and proposal for ballots an d voting; process for assessing how dispatch handles calls which involves gat hering as much information as needed to determine if a MET team or police officer should be inv olved; sustainability of the programs and strategies for formulating budget recommendations; conversations with Hayward Concerned Citizens and Hayward Community Coalition about soft launches of the initiatives; reimagining the communication and dispatch center in assessing alternatives to calling 9-1-1, such as 2-1-1 and 9-8-8; capacity issues at John George county facility related to mental health crisis and the need for county resources; and update on involving people with lived experience and brainstorming how to incorporate a formalized partnership.

Members of the City Co uncil made the following comments/suggestions: urged staff t o gather and report data to ensure full transparency; the City needs to collectively acknowledge the reason for public safety project s w hich started from back-to-back shootings in Hayward; underscored the value of getting feedbac k for im provement; in gathering data, report on the number of incidents for use of fo rce and the demographic of the people involved in traditional an d ne w approaches ; appreciated collaboration and communication efforts at the state level to support the work , but underscore the need for

HAYWARD CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84119129052?pwd=T3M1TUhTZ1c3ZjUwMGFPU2gzRkpZQT09 Tuesday, February 15, 2022, 7:00 p.m.

collaboration and working relationship at the county level; get the Call Center fully staffed first, and then assess types of calls and ensure staff ask appropriate questions ; consider expanding the conce pt of the Firehouse Clinic and working with agencies loca lly an d regionally; need to identify the t ypes of calls and separate them to allow police officers to concentrate on crime-related calls; continue to engage community par tners; engage county representatives; staffing level needs to be addressed; and the website should be updated related to the goals of the People’s Budget project.

Members of the City Council praised the progress made thus far with the implementation of projects; thanked community members for the ir input; and a ppreciated the collaboration among City departments and Government Alliance on Race and E quity ( GARE) team engagement.

PUBLIC HEARING

5. Pt. Eden Way U -Haul Facility: Appeal of Planning Commission Denial to Develop a New Approximately 116,844 Squ are Foot Industrial Building for U -Haul at 4150 Point Eden Way (Assessor Parcel Number 46 1-0085-020-02) Requiring Approval of Site Plan Review and Hist oric Resources Demolition Permit Application No. 201901039 Including Certification of an Environmental Im pact Report, Adoption of a Statement of Overriding Considerations, and Approval of a Miti gation, Monitoring and Reporting Program. Jerry Owen, on behal f of U -Haul; Amerco Real Estate Co. (Applicant/Property Owner) PH 22-007

Staff report submitted by Assistant City Manager/Development Services Director Ott, dated February 15, 2022, was filed.

Acting Principal Planner Schmidt provided an update on the public hearing continued from the December 15, 2021 City Council meeting, on the proposed U-Haul development at 4150 Pt.

Eden Way in Hayward . The update included summary of key issues regarding labor negotiation, identification of area on site for future gateway signage and contribution toward signage, reuse of histo ric materials onsite, sea-level rise, potential for bird str ikes, use of permeable pavers, and bay trail and State Route 92 additional landscaping. Acting Principal Planner Schmidt noted there was a correction in Condition No. 7 related to the percentage and noted “0.0033%” was the correct percentage.

Applicant Mr. Jerry Owen of U-Haul East Ba y was glad to team up with Swinerton to build the project and provide local labor to co nstruct the new building and intr oduced, project architect Ms. Renata Tyler and Mr. Ed Yarbrough , who provided additional information about the National Historical Preservation designation and work with the Hayward Area Historical Society.

6 | F e b r u a r y 15 , 2 0 2 2
Mayor Halliday opened the public hearing at 9:31 p.m.

The following individuals supported the U-Haul facility for the following reasons: work has been slow during the pandemic and the project will create work opportunities for apprentices, will provide employees who work in the area a trail to walk outside, will help Hayward’s economy through influx of laborers who will work and spend money in Hayward, will replace the dilapidated building with a new one, will relocate part of the bay trail, will contribute land and funds for gateway signage, will pay labor standards and provide benefits for members, will improve the image of Hayward and attract businesses, happy to work on the interpretive signage regarding the salt mining operations, will improve the aesthetics of the existing land and urged the City Council to approve the proposed project.

Mr. Jesus Madera, Carpenters Local Union 713 apprentice Mr. Nick Sousa, Carpenters Local Union 713 member
Ms. Karen Bation, employee of building close to the project Ms. Margret Gabriel, Hayward small business owner
Mr. Tony Muñoz, Northern California Carpenters Local Union 713 field representative Mr. Jorgensen Anchetta, Hayward resident and property owner Ms. Diane Curry, Hayward Area Historical Society Executive Director Mr. Jim Sales, East Bay resident and residential realtor

Ms. Marlina Selva, Ohlone Audubon Society Board Member, lifelong Hayward resident, Native American, and environmentalist, asked to shift the perspective and stated her opposition to the proposed project because of potential irreversible environmental destruction.

Mayor Halliday closed the public hearing at 9:43 p.m.

Members of the City Council thanked public members for their input and the applicant and his team for addressing issues raised at the prior hearing including reaching environmental goals.

Council Member Zermeño noted there were more positives than negati ves in the project , expressed it would be a good gateway p roject as people drove into Hayward on the bridge , added the project proponent addressed issues raised, expressed satisfaction with agreement reached with local union labor for project construction, and made a motion to approve staff’s recommendation.

Council Member Lamnin seconded the motion.

Council Member Márquez recommended that the design and options for the gateway signage be presented to the Council Infrastructure Committee for review.

In response to Council Member Wahab’s request to reiterat e details concerning the environmental aspects of the project, Ms. Hope Kingma, with the applicant team, noted federal agencies would be involved with oversight and permits to authorize the project, including the US Army Corps of Engineers for impacts to wetlands , the Regional Water Quality Control Board for impacts to water s and the State and US Fish and Wildlife Service for impact to

HAYWARD CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84119129052?pwd=T3M1TUhTZ1c3ZjUwMGFPU2gzRkpZQT09 Tuesday, February 15, 2022, 7:00 p.m.

protected species.

Council Member Wahab recommended the owner ensure upkeep of the property, noted the environmental aspect of the property was of importance, and appreciated the work that went into addressing the issues raised at the prior hearing.

Council Member Lamnin confirmed the motion included the amendment to Condition No. 7 with the correct percenta ge (0.0033%) and appreciated the applicant’s partnership in reaching environmental goals.

Council Member Andrews expressed concern about the shoreline but acknowledge d the proposal with anticipated 50 workers at the site would be less inte nsive use of land in the area, noted the art needs more work to make it more enticing, and agreed the building was dilapidated.

Council Member Salinas appreciated the applicant’s partnership with the labo r community, noted to keep eyes on the Council vision for the industrial sector, expressed that he looked forward to having the gateway signage vetted by the C ouncil Economic Development and Council Infrastructure Committees, and urged care by the project developer to make the gateway spectacular.

Mayor Halliday noted the proposed signage included knowledge about the salt industry in that area, trusted the applicant will work with the Historical Society to construct sign features that are pleasing and informative, added the westernmost area would be best for the gateway sign, and noted art grants could help with the potential high cost for the gateway signage.

It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution approving the project, which included the amendment to Condition No. 7 with the correct percentage (0.0033%).

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22 -041, “Resolution Overturning the P lanning Commission Denial, Approving Site Plan Review and Historic Resources Demolition Permit Applicatio n No. 201901039
Certifying the Environmental Impact Report, Adopting a
Statement of Overriding Considerations, and Approving a 8 | F e b r u a r y 15 , 2 0 2 2
Mitigation, Monitoring and Reporting Program for a New Approximately 116,844 Square Foot Industrial Building for U - Haul at 4150 P oint Eden Way. Jerry Owen, on behalf of U -Haul; Amerco Real Estate Co. (Applicant/Property Owners)”

LEGISLATIVE BUSINESS

6. Adopt a Resolution Approving an A mendment to the City of Hayward Salary Plan for Fiscal Year (Report from Human Resources Director Sangy)

Human Resources Director Sangy provided a synopsis of the staff report.

There being no public comments, Mayor Halliday opened and closed the public hearing at 10:09 p.m.

Council Member Salinas made a motion per staff’s recommendation.

Council Member Márquez seconded the motion.

It was moved by Council Member Salinas, seconded by Council Member Márquez, 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 22-042, “Resolution Approving the Amended Fiscal Year 2022 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Band; and Superseding
Resolution No. 21-215 and All Amendments Thereto”

COUNCIL REPORTS AND ANNOUNCEMENTS

There were none.

COUNCIL REFERRAL

There were none.

ADJOURNMENT

Mayor Halliday adjourned the special meeting at 10:11 p.m.

HAYWARD CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84119129052?pwd=T3M1TUhTZ1c3ZjUwMGFPU2gzRkpZQT09 Tuesday, February 15, 2022, 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 22-035
DATE: March 15, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on February 22, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of February 22, 2022.

SUMMARY
The City Council held a meeting on February 22, 2022.

ATTACHMENTS
Attachment I Draft Minutes of February 22, 2022
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84882724188?pwd=ZkhObFQzc1U4amlOK3FkeDgyWUFuUT09 Tuesday, February 22, 7:00 p.m.

The meeting of the Hayward City Council was called to order by Mayor Halliday at 7:00 p.m.

The City Council held a virtual meeting with teleconference participation by members of the City Council, staff and public.

Pledge of Allegiance: Council Member Andrews

ROLL CALL

Present: COUNCIL MEMBERS Andrews, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday

Absent: COUNCIL MEMBER Lamnin

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session at 5:30 p.m., regarding two items: 1) conference with legal counsel pursuant to Government Code Section 54956.9 regarding Justin Nishioka v.

City of Hayward, Alameda County Superior Court, Case No. RG 20078266; and 2) public employment pursuant to Government Code Section 54957 regarding the annual performance evaluation for City Clerk. City Manager McAdoo reported there was no reportable action related to Item No. 1 and Mayor Halliday reported there was no reportable action related to Item No. 2.

PUBLIC COMMENTS

TJ with Hayward Concerned Citizens, thanked the City Council for getting the locker room renovation needed for the Hayward Police Department building.

CITY MANAGER’S COMMENTS

There was none.

CONSENT

1. Approve City Council Minutes of the Special City Council Meeting on J anuary 29, 2022 MIN 22-023
It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried unanimously with Council Member Lamnin absent, to approve the minutes of the Special City Council meeting on January 29, 2022.

2 |F e b r u a r y 2 2 , 2 0 2 2

2. Approve City Council Minutes of the Special Joint City Council and Planning Commission Meeting on February 1, 2022 MIN 22-022
It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried unanimously with Council Member Lamnin absent, to approve the minutes of the Special Joint City Council and Planning Commission Meeting on February 1, 2022.

3. Adopt a Resolution Ac cepting the Resignation of Ms. Tatiana B acklund from the Community Services Commission, Effective Immediately CONS 22-110

Staff report submitted by City Clerk Lens, dated February 22, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Lamnin
ABSTAIN: None

Resolution 22-043 “Resolution Accepting the Resignation of Ms.

Tatiana Backlund from the Community Services Commission”

4. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the FY22 Pavement Improvement Project, Project No. 05239 CONS 22-100

Staff report submitted by Director of Public Works Ameri, dated February 22, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Lamnin
ABSTAIN: None

Resolution 22-044, “Resolution Approving Plans and
Specifications for the FY22 Pa vement Improvement Project, Project No. 05239 and Calling for Bids”

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84882724188?pwd=ZkhObFQzc1U4amlOK3FkeDgyWUFuUT09 Tuesday, February 22, 7:00 p.m.

5. Adopt a Re solution Autho rizing the City Manager to Negotiate a nd Execute an Agreement with Newton Construction & Management for the Tenant Improvements and Workspace Reconfiguration for Fire Administration in an Amount Not -To-Exceed $311,762 and Making Ass ociated Fi ndings Authori zing Procurement of the Work through a Cooperatively Purchase Contract CONS 22-102

Staff report submitted by Director of Maintenance Services Rullman, dated February 22, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Lamnin
ABSTAIN: None

Resolution 22-045, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Workspace Reconfiguration for Fire Administration in an Amount Not to Exceed $3 11,762 and Making Associated Findings Authoriz ing Procurement of the Work Through a Cooperatively Purchase Contract”

6. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Funds for the California Water and Wastewater Arrearage Payment Pro gram for Drinking Water Arrearages in an Amount Not-to-Exceed $1,853,487 CONS 22-104

Staff report submitted by Director of Public Works Ameri, dated February 22, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Lamnin
ABSTAIN: None

4 |F e b r u a r y 2 2 , 2 0 2 2
Resolution 22-046, “Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Funds for the California Water and Wastewa ter Arr earage Pa yment Program for
Drinking Water Arrearages in an Amount Not to Exceed
$1,853,487”

7. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services A greement with Dewberry Architects , I nc., for Design of the Hayward Polic e Department Locker R oom Project, Project No. 07420, in an Amount Not-to-Exceed $416,000 CONS 22-117

Staff report submitted by Director of Public Works Ameri, dated February 22, 2022, was filed.

In response to Council Member Wahab’s inquiry if the there would be space for a lactation room for employees at the Hayward Police Department, City Manager McAdoo responded that space could be incorporated in the design of the locker room.

It was moved by Council Member Wahab, seconded by Council Member Márquez, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Márquez, Salinas, Wahab, Zermeño MAYOR Halliday
NOES: None
ABSENT: COUNCIL MEMBER Lamnin
ABSTAIN: None

Resolution 22-047, “Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Dewberry Architects Inc., for Design Services Associated with the Hayward Police Department Lock room Project”

PUBLIC HEARING

8. FY 2022 Mid-Year Budget: Adopt a Resolution Approving the FY 2022 Mid-Year Budget Update and Receiving the General Fund Long Range Financial Model Update LB 22-007

Staff report submitted by Director of Finance Claussen, dated February 22, 2022, was filed.

Finance Director Claussen and Deputy Director of Finance Gonzales provided a synopsis of the staff report which included a summary of proposed General Fund Mid-Year changes in expenditures, updated General Fund 5 -Year Forecast , long range General Fund reserve projection, and summary of proposed Mid-Year changes for CIP and other funds.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84882724188?pwd=ZkhObFQzc1U4amlOK3FkeDgyWUFuUT09 Tuesday, February 22, 7:00 p.m.

City Manager McAdoo acknowledged the outstanding work of the Finance Department and expressed gratitude for ARPA (American Relief Plan Act) federal funds. Mayor Halliday commended the City Manager, City staff and her Council colleagues for their help with the City budget.

Discussion ensued among members of the City Council and City staff regarding: the real time financial forecasting tool; analysis of staffing levels in every department; a strategic plan for Human Resources to address staffing levels to support the organization; 20% reserve funds; Measure C forecast and u nmet capital needs ; cannabis tax rate; FEMA reimbursements; cannabis businesses that have not started operating; the estimate for a new Police building which was projected at $90 to $110 million ; tax as a s ource of revenue ; and reserve projections.

Mayor Halliday opened the public hearing at 7:45 p.m.

Suzanne agreed that it did cost a lot to build a new City building, but noted that the longer the City waited, the more it would cost.

Mayor Halliday closed the public hearing at 7:46 p.m.

Members of the City Council expressed appreciation for the work of City staff , espe cially during COVID,

Council Member Zermeño made a motion to approve staff ’s recommendations and Council Member Wahab seconded the motion.

Council Member Wahab recommended increasing reserve levels a couple percentage points in the event of another emergency such as COVID , supported maintaining and improving City infrastructure, wished the City would be strict on licenses, inc luding those for cannabis businesses, that are not o perating within tw o years of obtaining their licenses, opposed raising taxes for residents, appreciated working with her colleagues on the Council Budget Committee and stressed the importance of inves ting in the I nformation Te chnology Department to monitor cyberspace.

Council Member Andrews was c oncerned about relying on cannabis to generate revenue , expressed she would like businesses to start generating sales tax and find ways to help support further economic development, and recommended locating funds for public art as a preventative measure.

6 |F e b r u a r y 2 2 , 2 0 2 2
Council Member Márquez wanted to better understand staffing levels as well as outstanding infrastructure needs, reminded all that Measure C and the Utility Users Tax had sunset dates, recommended strengthening the Economic Development team for the high results it yields for the community, and reminded all to continue to shop in Hayward.

Council Member Salinas remarked that the reserve policy and budget policies came out of the economic downturn, and noted thoughtful disciplined actions taken over the years have yielded positive results, including through the pandemic.

Mayor Halliday stressed the importance of striking a balance, noted the City must continue to provide services to the public while noting that this year was the healthiest since she was in office, acknowledged ARPA f unds helped during the pandemic , noted the City needed to maintain a healthy staffing level while balancing all needs, and suggested some changes could be revisited based on comments during discussions over the FY23 budget.

It was moved by Council Member Zermeño, seconded by Council Member Wahab, and carried by the following roll call vote, to approve the resolution.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 22-048 “Resolution Amending Resolution 21-100, as Amended, the Budget Resoluti on for the City of Hayward Operating Budget fo r Fiscal Year 2022, Relating to an
Appropriation of Funds”

Resolution 21-049 “Resolution Amending Resolution 21-101, as Amended, the Budget Resolution for the City of Hayward Capital Improvement Projects for Fiscal Year 2022, Relati ng to an Appropriation of Funds”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews thanked Council Members and the local NAACP who attended the raising of the Pan-African flag ceremony at the City Hall Plaza, noted she would be moderating an African American Wellness panel on February 27, 2022, hosted by the Hayward Historical Society.

Council Member Wahab thanked Council Member Andrews for hosting the flag raising ceremony and urged staff to post via social media information on bulky pick up service by Waste Management of Alameda County.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform – Zoom
https://hayward.zoom.us/j/84882724188?pwd=ZkhObFQzc1U4amlOK3FkeDgyWUFuUT09 Tuesday, February 22, 7:00 p.m.

Council Member Márquez urged residents to take advan tage of the twice per year bu lky pickup service and announced (510) 537-5500 was the number to call.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the City Council meeting at 8:11 p.m., in m emory of Ms. Paulette Arteaga and Ms. Christine Ochoa.

Ms. Paulette Arteaga was a Hayward resident, longtime postal worker, active member of Glad Tidings Church, founder of the annual event - Pink Ribbon Tea - held for those fighting cancer and their families and was the sister of former City Clerk Angelina Reyes.

Ms. Christine Ochoa was a resident of the Southgate neighborhood, wife of educator Anthony Ochoa for whom Ochoa Middle School is na med, mother of local author Dr. Maria Ochoa, mother-in-law of former Hayward Mayor Michael Sweeney, Library Commission member, tutor with Literacy Plus, member of the FESCO Board, member of the Kaiser Hospice Program, counselor at a continuation high school, and someone who always had kind words.

Mayor Halliday asked City staff to work with their families to plant trees in their memories.

Mayor Halliday also suggested this might be an opportunity to rededicate Anthony Ochoa’s plaque at the Heritage Plaza and add Christine Ochoa’s name.

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 22-122
DATE: March 15, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions 1) Approving Addendum No. 1, Awarding a Contract to Los Loza, Inc., in the Amount of $1,641,198 for the Mission Boulevard Linear Park Project, Project No. 05288 and 2) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with SurfaceDesign, Inc., by $80,000 for Construction Support for a Total Not-to-Exceed Amount of $390,000

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving Addendum No. 1 providing clarification to bidder questions, and awarding the contract to Los Loza, Inc., in the amount of $1,641,198; and, a resolution (Attachment III) authorizing the City Manager to execute an amendment increasing the professional services agreement (PSA) with SurfaceDesign, Inc. (SDI) for construction support, and authorizing the Director of Public Works to spend up to $2,813,000 for the total project cost for the Mission Boulevard Linear Park Project, Project. No. 05288.

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 February 8, 2022, the project received nine bids. The apparent low bid submitted by Los Loza, Inc. (Los Loza) is $1,641,198 or 19.8% below the engineer’s estimate. Staff recommends awarding the construction contract to Los Loza. When construction commences, construction support services by SDI will be needed, which requires an amendment to the existing PSA.

Council Infrastructure Committee Review
The most recent update was presented to the Council Infrastructure Committee (CIC) on July 28, 2021 and received positive feedback.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Award of Contract to Los Loza, Inc./Addendum No. 1 CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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File #:CONS 22-122
Attachment III Resolution - Amendment to SurfaceDesign, Inc.

Attachment IV Bid Results
CITY OF HAYWARD Printed on 3/10/2022Page 2 of 2
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DATE: March 15, 2022

TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolutions 1) Approving Addendum No. 1, Awarding a Contract to Los Loza, Inc., in the Amount of $1,641,198 for the Mission Boulevard Linear Park Project, Project No. 05288 and 2) Authorizing the City Manager to Execute an Amendment Increasing the Professional Services Agreement with SurfaceDesign, Inc., by $80,000 for Construction Support for a Total Not-to- Exceed Amount of $390,000

RECOMMENDATION

That Council adopts the attached resolution (Attachment II) approving Addendum No. 1 providing clarification to bidder questions, and awarding the contract to Los Loza, Inc., in the amount of $1,641,198; and, a resolution (Attachment III) authorizing the City Manager to execute an amendment increasing the professional services agreement (PSA) with SurfaceDesign, Inc. (SDI) for construction support, and authorizing the Director of Public Works to spend up to $2,813,000 for the total project cost for the Mission Boulevard Linear Park Project, Project. No. 05288.

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 February 8, 2022, the project received nine bids. The apparent low bid submitted by Los Loza, Inc. (Los Loza) is $1,641,198 or 19.8% below the engineer’s estimate. Staff recommends awarding the construction contract to Los Loza. When construction commences, construction support services by SDI will be needed, which requires an amendment to the existing PSA.

Council Infrastructure Committee Review
The most recent update was presented to the Council Infrastructure Committee (CIC) on July 28, 20211 and received positive feedback.

BACKGROUND

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5067291&GUID=4E2D20AA-0EFF-4D71-B5AB- 86BCEBA9B795&Options=&Search=

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 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 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 Project included collaboration with community members through three 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:
 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 Big Belly 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 2020: Council adopted a resolution authorizing the City Manager to execute a PSA with 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.

 October 20203: CIC meeting for a project update including community input to be

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=4677680&GUID=566B11CB-76A2-467B-A13C- 09E61025BF61&Options=&Search=

considered in the conceptual design.

 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 2021: CIC meeting for a project update.

 June 2021: Staff and SDI held the third and final virtual community meeting to present the design development and gather input.

 July 2021: CIC meeting for the update on the final design.

 October 2021: Construction documents completed.

 November 16, 20214: Council approved plans and specifications and call for bids.

 December 14, 2021: Bid opening.

 January 18, 20225: Council rejected all bids and called for new bids.

 February 8, 2022: Bid opening.

DISCUSSION

On January 18, 2022, Council approved the revised plans and specifications. Addendum No. 1 was issued during the bidding period to clarify bidder questions. On February 8, 2022, nine (9) bids were received ranging from $1,641,198 to $2,602,374. Los Loza of Hayward submitted the lowest bid in the amount of $1,641,198, which is 19.8% below the engineer’s estimate of $2,046,061. The second lowest bid was from ASG Builders of Mountain View at $1,688,521 which is 17.5% below the engineer’s estimate. The third lowest bid was from IBS USA, Inc., of San Francisco at $1,699,515 which is 16.9% below the engineer’s estimate (Attachment IV).

Staff finds Los Loza’s bid documents to be responsive and has confirmed that they have the license appropriate for this work. Therefore, staff recommends that Council award the contract to Los Loza in the amount of $1,641,198.

Additional Services and Amendment to Professional Services Agreement On June 23, 20206, Council authorized the City Manager to execute an agreement with SDI for professional design services for the project in an amount not-to-exceed $310,000. The original agreement did not include construction support. An estimated $80,000 is needed for these services during the construction phase, and staff recommends that Council approve an increase to SDI’s agreement by this amount and a total not-to-exceed amount of

4 https://hayward.legistar.com/LegislationDetail.aspx?ID=5213906&GUID=5B691B4F-D712-4FC8-BF72- 9565B00C92EB&Options=&Search=
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=5382576&GUID=ABA08999-8D86-46CF-A13F- A4084E64359C&Options=&Search=
6 https://hayward.legistar.com/LegislationDetail.aspx?ID=4576642&GUID=32D41BF8-52CB-4E7C-B048- 08B61F8CB28D&Options=&Search=

$390,000.

Further, staff recommends that Council authorize expenditures of up to $2,813,000 for construction, construction contingencies (Administrative Change Order or ACO), construction administration, inspection, testing, City furnished items, and project design.

The ACO amount is $164,120 (or 10% of the construction contract).

Environmental Review
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 Project is funded by the Route 238 Corridor Improvement Fund (Fund 410). Currently the adopted FY22 CIP includes a project budget of $2,813,000 for this effort.

The estimated project costs are as follows:

Estimated Cost
Construction $1,641,198
Construction Contingency $164,120
Design $394,682
Construction Admin, Inspection, Testing $613,000
Project Total $2,813,000

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 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.

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’

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 resolutions, staff will route the construction contract to Los Loza, and the Amendment to the PSA to SDI. The following is the tentative schedule for this project:

Begin Construction April 11, 2022
Complete Construction Fall 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 APPROVING ADDENDUM NO. 1 FOR THE MISSION BOULEVARD LINEAR PARK PROJECT, PROJECT NO. 05288 AND AWARDING THE CONTRACT TO LOS LOZA, INC.

WHEREAS, by Resolution No. 22-015 on January 18, 2022, the City Council approved the plans and specifications for the Mission Boulevard Linear Park Project, Project No. 05288, and called for bids to be received on February 8, 2022; and

WHEREAS, on February 2, 2022, Addendum No. 1 was provided to clarify bidder questions; and

WHEREAS, on February 8, 2022, nine (9) bids were received , ranging from $1,641,198 to 2,602,374; Los Loza, Inc., of Hayward, California submitted the low bid in the amount of $1,641,198, which is 19.8% below the Engineer’s Estimate of $2,046,061; and

WHEREAS, the Administrative Change Order (ACO) or contingency budget of $164,120 was not disclosed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Los Loza, Inc., is hereby awarded the contract for the Mission Boulevard Linear Park Project, Project No. 05288, in an amount not-to-exceed $1,641,198, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward at and for the price named and stated in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the Director of Public Works is authorized to expend up to $ 2,813,000 for construction, construction contingencies, construction administration, inspection, testing, City furnished items and project design to complete the project.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Los Loza, Inc., in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

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

ATTACHMENT III

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
SURFACEDESIGN, INC., FOR ADDITIONAL SERVICES ASSOCIATED WITH THE MISSION BOULEVARD LINEAR PARK PROJECT, PROJECT NO. 05288

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 4th day of August, 2020, entitled “Agreement for Professional Services between the City of Hayward and SurfaceDesign, Inc., for the Mission Boulevard Linear Park Landscape Project Design Services” in the amount of $310,000; and

WHEREAS, the City and the Consultant desire to amend the Agreement in certain respects to provide additional services for construction support for the Mission Boulevard Liner Park 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, an amendment to the agreement with SurfaceDesign, Inc., for additional services in an amount not-to-exceed $80,000, thereby increasing the total contract amount to a total not-to-exceed $390,000 associated with the Mission Boulevard Linear Park 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
Item Number Spec Section Description Est. Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 10-1.08 Mobilization 1 LS $30,000.00 30,000.00$ 6,000.00$ 6,000.00$ 5,000.00$ 5,000.00$ 95,000.00$ 95,000.00$ 85,000.00$ 85,000.00$ 2 10.1.24 Clearing & Grubbing 1 LS $85,000.00 85,000.00$ 54,600.00$ 54,600.00$ 15,000.00$ 15,000.00$ 120,000.00$ 120,000.00$ 98,000.00$ 98,000.00$ 3 10-1.09 Maintaining Traffic 1 LS $40,000.00 40,000.00$ 6,500.00$ 6,500.00$ 18,000.00$ 18,000.00$ 45,000.00$ 45,000.00$ 90,000.00$ 90,000.00$ 4 10-2.01 Tree Preservation and Pruning 1 LS $25,000.00 25,000.00$ 18,000.00$ 18,000.00$ 5,000.00$ 5,000.00$ 55,000.00$ 55,000.00$ 77,000.00$ 77,000.00$ 5 10-1.27 Rough Grading 6070 CY $50.00 303,500.00$ 8.00$ 48,560.00$ 30.00$ 182,100.00$ 45.00$ 273,150.00$ 16.00$ 97,120.00$ 6 10-1.27 Finished Surface Grading 59000 SF $1.50 88,500.00$ 0.80$ 47,200.00$ 3.00$ 177,000.00$ 1.00$ 59,000.00$ 1.20$ 70,800.00$ 7 10-1.27 Import Earthwork Material 1630 CY $60.00 97,800.00$ 48.00$ 78,240.00$ 42.00$ 68,460.00$ 75.00$ 122,250.00$ 42.00$ 68,460.00$ 8 10-1.02 Water Pollution Control 1 LS $7,500.00 7,500.00$ 24,800.00$ 24,800.00$ 5,000.00$ 5,000.00$ 35,000.00$ 35,000.00$ 37,000.00$ 37,000.00$ 9 10-1.12 Remove Asphalt Concrete 12500 SF $3.50 43,750.00$ 1.25$ 15,625.00$ 3.00$ 37,500.00$ 5.00$ 62,500.00$ 2.00$ 25,000.00$ 10 10-1.18 Sawcut Existing AC Trail 6650 LF $7.00 46,550.00$ 2.25$ 14,962.50$ 10.00$ 66,500.00$ 3.00$ 19,950.00$ 1.00$ 6,650.00$ 11 10-1.32 Hot Mixed Asphalt 95 TON $350.00 33,250.00$ 350.00$ 33,250.00$ 175.00$ 16,625.00$ 220.00$ 20,900.00$ 400.00$ 38,000.00$ 12 10-1.29 Class 3 Aggregate Base 70 CY $150.00 10,500.00$ 60.00$ 4,200.00$ 50.00$ 3,500.00$ 223.00$ 15,610.00$ 250.00$ 17,500.00$ 13 10-1.19 Seal Coat Asphalt Pathway 21120 SF $4.00 84,480.00$ 1.00$ 21,120.00$ 2.10$ 44,352.00$ 1.00$ 21,120.00$ 0.50$ 10,560.00$ 14 10-2.06 Decomposed Granite Paving 15750 SF $7.00 110,250.00$ 7.00$ 110,250.00$ 14.00$ 220,500.00$ 5.00$ 78,750.00$ 9.00$ 141,750.00$ 15 10-2.02 & 2.07 Bark Mulch 50000 SF $2.50 125,000.00$ 0.80$ 40,000.00$ 1.70$ 85,000.00$ 0.50$ 25,000.00$ 1.40$ 70,000.00$ 16 10-2.02 48" Box Tree Planting (City Furnished, Contractor Install) 12 EA $700.00 8,400.00$ 2,800.00$ 33,600.00$ 1,001.00$ 12,012.00$ 1,065.00$ 12,780.00$ 500.00$ 6,000.00$ 17 10-2.02 36" Box Tree Planting 10 EA $550.00 5,500.00$ 2,400.00$ 24,000.00$ 1,754.00$ 17,540.00$ 1,462.00$ 14,620.00$ 1,200.00$ 12,000.00$ 18 10-2.02 24" Box Tree Planting 17 EA $300.00 5,100.00$ 650.00$ 11,050.00$ 484.00$ 8,228.00$ 716.00$ 12,172.00$ 500.00$ 8,500.00$ 19 10-2.02 Whip Tree Planting 29 EA $70.00 2,030.00$ 280.00$ 8,120.00$ 209.00$ 6,061.00$ 550.00$ 15,950.00$ 350.00$ 10,150.00$ 20 10-2.02 15 Gallon Shrub Planting 145 EA $70.00 10,150.00$ 220.00$ 31,900.00$ 207.35$ 30,065.75$ 381.00$ 55,245.00$ 120.00$ 17,400.00$ 21 10-2.02 5 Gallon Planting 388 EA $27.00 10,476.00$ 60.00$ 23,280.00$ 42.35$ 16,431.80$ 99.00$ 38,412.00$ 40.00$ 15,520.00$ 22 10-2.02 1 Gallon Planting 515 EA $7.00 3,605.00$ 16.00$ 8,240.00$ 19.00$ 9,785.00$ 38.00$ 19,570.00$ 15.00$ 7,725.00$ 23 10-2.02 4" Pot Planting 270 EA $6.00 1,620.00$ 10.00$ 2,700.00$ 12.00$ 3,240.00$ 72.00$ 19,440.00$ 25.00$ 6,750.00$ 24 10-2.02 Sod 54000 SF $2.25 121,500.00$ 2.80$ 151,200.00$ 2.20$ 118,800.00$ 1.00$ 54,000.00$ 2.50$ 135,000.00$ 25 10-2.02 Meadow Mix 48000 SF $2.75 132,000.00$ 3.00$ 144,000.00$ 1.50$ 72,000.00$ 1.00$ 48,000.00$ 1.00$ 48,000.00$ 26 10-2.04 Reclaimed Concrete Picnic Tables and Chairs (City Furnished, Contractor paint & install) 2 EA $4,500.00 9,000.00$ 2,900.00$ 5,800.00$ 1,700.00$ 3,400.00$ 1,665.00$ 3,330.00$ 6,500.00$ 13,000.00$ 27 10-2.04 Reclaimed Metal Park Benches (City Furnished, Contractor paint & install) 10 EA $2,500.00 25,000.00$ 1,700.00$ 17,000.00$ 550.00$ 5,500.00$ 966.00$ 9,660.00$ 1,700.00$ 17,000.00$ 28 10-1.40 Art Crosswalks 1200 SF $45.00 54,000.00$ 54.00$ 64,800.00$ 10.00$ 12,000.00$ 15.00$ 18,000.00$ 45.00$ 54,000.00$ 29 10-2.04 Boulders 18 EA $450.00 8,100.00$ 1,500.00$ 27,000.00$ 1,430.00$ 25,740.00$ 562.00$ 10,116.00$ 2,500.00$ 45,000.00$ 30 10-2.04 Big Belly Trash & Recycle Bins (City Furnished, Contractor Installed) 9 EA $500.00 4,500.00$ 1,500.00$ 13,500.00$ 670.00$ 6,030.00$ 1,217.00$ 10,953.00$ 1,100.00$ 9,900.00$ 31 10-2.04 Dog Waste Bag Stations 3 EA $1,000.00 3,000.00$ 1,600.00$ 4,800.00$ 1,250.00$ 3,750.00$ 3,205.00$ 9,615.00$ 1,000.00$ 3,000.00$ 32 10-2.03 Irrigation System 1 LS $225,000.00 225,000.00$ 274,000.00$ 274,000.00$ 262,400.00$ 262,400.00$ 64,587.00$ 64,587.00$ 246,000.00$ 246,000.00$ 33 10-2.02 90-Day Plant Establishment Period 1 LS $5,000.00 5,000.00$ 4,000.00$ 4,000.00$ 16,800.00$ 16,800.00$ 20,899.00$ 20,899.00$ 12,000.00$ 12,000.00$ 34 5-1.27 Recycling Implementation 1 LS $1,000.00 1,000.00$ 10,500.00$ 10,500.00$ 3,000.00$ 3,000.00$ 21,936.00$ 21,936.00$ 6,000.00$ 6,000.00$ 35 10-2.04 Reclaimed Timber Benches (City Furnished, Contractor Install) 1 LS $70,000.00 70,000.00$ 42,900.00$ 42,900.00$ 14,000.00$ 14,000.00$ 55,500.00$ 55,500.00$ 20,000.00$ 20,000.00$ 36 10-2.04 Reclaimed Tree Cookies Seating (City Furnished, Contractor Install) 1 LS $25,000.00 25,000.00$ 42,000.00$ 42,000.00$ 7,000.00$ 7,000.00$ 4,500.00$ 4,500.00$ 19,000.00$ 19,000.00$ 37 10-2.05 Reclaimed Concrete Pavers (City Furnished, Contractor Install) 11000 SF $10.00 110,000.00$ 11.00$ 121,000.00$ 7.20$ 79,200.00$ 7.00$ 77,000.00$ 10.00$ 110,000.00$ 38 10-2.04 Reclaimed Metal Shade Trellis (City Furnished, Contractor paint & install) 1 LS $75,000.00 75,000.00$ 52,500.00$ 52,500.00$ 6,000.00$ 6,000.00$ 55,000.00$ 55,000.00$ 25,000.00$ 25,000.00$ TOTAL BID 2,046,061.00$ 1,641,197.50$ 1,688,520.55$ 1,699,515.00$ 1,779,785.00$ Name Asphalt Impressions Name
Pacific Parks
Landscaping Name
Pacific Park
Landscaping Name
Superior
Hydroseeding
City Sacramento City Auburn City Auburn City Watsonville Tel # (916)383-0441 Tel # (407)280-8144 Tel # (916)652-1780 Tel # (831)763-1811 LIC # 900385 LIC # 944237 LIC # 730577 LIC # 683292
DIR # 1000002092 DIR # 1000011755 DIR # 1000011755 DIR # 1000009317 Description of
Portion of Work
Subcontracted or
Supplied Art crosswalks
Description of
Portion of Work
Subcontracted or
Supplied Landscaping
Description of
Portion of Work
Subcontracted or
Supplied
Landscape
Irrigation C27
related work
Description of
Portion of Work
Subcontracted or
Supplied Hydroseeding
Supply or
Subcontract
Amount 64,800$
Supply or
Subcontract
Amount 800,000$
Supply or
Subcontract
Amount 740,000$
Supply or
Subcontract
Amount 9,000$
Name
Raul Haro dba La
Canada Tree Service Name CB Roadways, Inc Name Asphalt Impressions City Livermore City San Jose City Sacramento
Tel # (650)222-8828 Tel # (408)600-7555 Tel # (916)383-0441 LIC # 771298 LIC # LIC # 900385
DIR # 1000865085 DIR # 1000035239 DIR #
Description of
Portion of Work
Subcontracted or
Supplied
Clearing and
Grubbing
Description of
Portion of Work
Subcontracted or
Supplied Trucking
Description of
Portion of Work
Subcontracted or
Supplied Art Crosswalk
Supply or
Subcontract
Amount 54,600$
Supply or
Subcontract
Amount 100,000$
Supply or
Subcontract
Amount 50,000$
Name
Lombardo Diamond
Core Drilling Co, Inc Name
Global Engineering
& Construction
Corporation Name
Compass
Engineering
City Santa Clara City Union City City Hayward
Tel # (408) 727-7922 Tel # (909)362-9725 Tel # (510)264-0235 LIC # 272385 LIC # 721813 LIC # 868996
DIR # 1000005808 DIR # 1000674563 DIR # 1000003328
Description of
Portion of Work
Subcontracted or
Supplied
Sawcut Existing AC
Trail
Description of
Portion of Work
Subcontracted or
Supplied Grading, Demo
Description of
Portion of Work
Subcontracted or
Supplied Seal Coat AC
Supply or
Subcontract
Amount 14,963$
Supply or
Subcontract
Amount 180,000$
Supply or
Subcontract
Amount 9,000$
Name
Guerra
Construction Group Name
Bayline Cutting &
Coring Name
Reliable Tree
Experts
City Santa Clara City San Francisco City Berkeley
Tel # (408)279-2027 Tel # (415)508-1800 Tel # (510)558-2234 LIC # 915544 LIC # 809660 LIC # 1083768
DIR # 1000000330 DIR # 1000003185 DIR # 10000844691
Description of
Portion of Work
Subcontracted or
Supplied
Hot Mix Asphalt
and Seal Coat
Asphalt Pathway
Description of
Portion of Work
Subcontracted or
Supplied Cutting, Coring
Description of
Portion of Work
Subcontracted or
Supplied
Tree Removal
Transplant
Supply or
Subcontract
Amount 33,250$
Supply or
Subcontract
Amount 100,000$
Supply or
Subcontract
Amount 60,000$
Name
Greg's Trucking
Service, Inc. Name
Reliable Tree
Exports Name
Colores Painting
Company
City San Mateo City Berkeley City Daly City
Tel # (650) 343-5946 Tel # (510)558-2234 Tel # (415)235-3155 LIC # LIC # 1083768 LIC # 757621
DIR # 1000017253 DIR # 1000844691 DIR # 10000533421
Description of
Portion of Work
Subcontracted or
Supplied
Hauling of
earthwork material
Description of
Portion of Work
Subcontracted or
Supplied Tree Pruning
Description of
Portion of Work
Subcontracted or
Supplied
Light industrial
Painting, Benches,
Table, trellis, chairs
Supply or
Subcontract
Amount 78,240$
Supply or
Subcontract
Amount 40,000$
Supply or
Subcontract
Amount 25,000$
Name
Playground
Unlimited Name Delta Bluegrass
City Santa Clara City Stockton
Tel # (408)244-9748 Tel # (925)698-8295
LIC # 756794 LIC # 752734
DIR # 1000008376 DIR # 1000007968
Description of
Portion of Work
Subcontracted or
Supplied Trellis Equipments
Description of
Portion of Work
Subcontracted or
Supplied Landscape
Supply or
Subcontract
Amount 25,000$
Supply or
Subcontract
Amount 93,000$
Name GK Construction Name QA Construction
City San Leandro City San Francisco
Tel # (510)928-3036 Tel # (408)210-5508
LIC # 658954 LIC # 1013265
DIR # 1000028208 DIR # 1000049927
Description of
Portion of Work
Subcontracted or
Supplied Fence, Demo
Description of
Portion of Work
Subcontracted or
Supplied Paving
Supply or
Subcontract
Amount 20,000$
Supply or
Subcontract
Amount 35,000$
Name Construction Survey Name
A-1 Trucking
Services
City Berkeley City Oakland
Tel # (510)526-0993 Tel # (510)828-0270
LIC # LIC #
DIR # 1000011157 DIR # 100711531
Description of
Portion of Work
Subcontracted or
Supplied
Description of
Portion of Work
Subcontracted or
Supplied Trucking
Supply or
Subcontract
Amount 25,000$
Supply or
Subcontract
Amount 50,000$
Name Asphalt Impression
City Sacramento
Tel # (916)383-0441
LIC # 900385
DIR # 1000002092
Description of
Portion of Work
Subcontracted or
Supplied
Traffic C. Art
Crosswalk
Supply or
Subcontract
Amount 70,000$
Subcontractors Listing Subcontractors Listing Subcontractors ListingSubcontractors Listing Redwood Engineering Construction
416 D Street Redwood City, CA 94063
(925) 819-2960
IBS USA Inc
418 Ramsell St San Francisco, CA 94132
(909)362-9725
Additive Bid Alternate No. 1
Additive Bid Alternate No. 2
Additive Bid Alternate No. 3
Engineer's Est Los Loza Inc ASG Builders
810 Hampton Rd Hayward CA 94541
(510) 520-2657
800 W El Camino Real Suite 180
Mountain View CA 94040 (818) 370-
7148
Attachment IV
Item Number Spec Section Description Est. Quantity Unit 1 10-1.08 Mobilization 1 LS
2 10.1.24 Clearing & Grubbing 1 LS
3 10-1.09 Maintaining Traffic 1 LS
4 10-2.01 Tree Preservation and Pruning 1 LS
5 10-1.27 Rough Grading 6070 CY
6 10-1.27 Finished Surface Grading 59000 SF
7 10-1.27 Import Earthwork Material 1630 CY
8 10-1.02 Water Pollution Control 1 LS
9 10-1.12 Remove Asphalt Concrete 12500 SF
10 10-1.18 Sawcut Existing AC Trail 6650 LF
11 10-1.32 Hot Mixed Asphalt 95 TON
12 10-1.29 Class 3 Aggregate Base 70 CY
13 10-1.19 Seal Coat Asphalt Pathway 21120 SF
14 10-2.06 Decomposed Granite Paving 15750 SF
15 10-2.02 & 2.07 Bark Mulch 50000 SF
16 10-2.02 48" Box Tree Planting (City Furnished, Contractor Install) 12 EA 17 10-2.02 36" Box Tree Planting 10 EA
18 10-2.02 24" Box Tree Planting 17 EA
19 10-2.02 Whip Tree Planting 29 EA
20 10-2.02 15 Gallon Shrub Planting 145 EA
21 10-2.02 5 Gallon Planting 388 EA
22 10-2.02 1 Gallon Planting 515 EA
23 10-2.02 4" Pot Planting 270 EA
24 10-2.02 Sod 54000 SF
25 10-2.02 Meadow Mix 48000 SF
26 10-2.04 Reclaimed Concrete Picnic Tables and Chairs (City Furnished, Contractor paint & install) 2 EA 27 10-2.04 Reclaimed Metal Park Benches (City Furnished, Contractor paint & install) 10 EA 28 10-1.40 Art Crosswalks 1200 SF
29 10-2.04 Boulders 18 EA
30 10-2.04 Big Belly Trash & Recycle Bins (City Furnished, Contractor Installed) 9 EA 31 10-2.04 Dog Waste Bag Stations 3 EA
32 10-2.03 Irrigation System 1 LS
33 10-2.02 90-Day Plant Establishment Period 1 LS
34 5-1.27 Recycling Implementation 1 LS
35 10-2.04 Reclaimed Timber Benches (City Furnished, Contractor Install) 1 LS 36 10-2.04 Reclaimed Tree Cookies Seating (City Furnished, Contractor Install) 1 LS 37 10-2.05 Reclaimed Concrete Pavers (City Furnished, Contractor Install) 11000 SF 38 10-2.04 Reclaimed Metal Shade Trellis (City Furnished, Contractor paint & install) 1 LS Additive Bid Alternate No. 1
Additive Bid Alternate No. 2
Additive Bid Alternate No. 3
Unit Price Total Unit Price Total Unit Price Total Unit Price Total Uni t Price Total 50,000.00 $ 50,000.00 $ 20,000.00 $ 20,000.00 $ 72,000.00 $ 72,000.00 $ 95,273.00 $ 95,273.00 $ 154,600.00 $ 154,600.00 $ 90,000.00 $ 90,000.00 $ 137,500.00 $ 137,500.00 $ 112,000.00 $ 112,000.00 $ 67,500.00 $ 67,500.00 $ 243,000.00 $ 243,000.00 $ 30,000.00 $ 30,000.00 $ 25,000.00 $ 25,000.00 $ 65,000.00 $ 65,000.00 $ 210,000.00 $ 210,000.00 $ 55,000.00 $ 55,000.00 $ 75,000.00 $ 75,000.00 $ 140,000.00 $ 140,000.00 $ 72,000.00 $ 72,000.00 $ 11,000.00 $ 11,000.00 $ 147,330.00 $ 147,330.00 $

25.00 $ 151,750.00 $ 7.00 $ 42,490.00 $ 22.25 $ 135,057.50 $ 22.00 $ 133,540.00 $ 35.00 $ 212,450.00 $

1.00 $ 59,000.00 $ 0.50 $ 29,500.00 $ 1.25 $ 73,750.00 $ 1.85 $ 109,150.00 $ 0.45 $ 26,550.00 $

60.00 $ 97,800.00 $ 18.00 $ 29,340.00 $ 40.00 $ 65,200.00 $ 31.00 $ 50,530.00 $ 47.00 $ 76,610.00 $ 50,000.00 $ 50,000.00 $ 38,500.00 $ 38,500.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 10,000.00 $ 10,000.00 $

4.00 $ 50,000.00 $ 2.00 $ 25,000.00 $ 3.50 $ 43,750.00 $ 2.75 $ 34,375.00 $ 3.32 $ 41,500.00 $

1.00 $ 6,650.00 $ 1.75 $ 11,637.50 $ 1.30 $ 8,645.00 $ 2.00 $ 13,300.00 $ 1.50 $ 9,975.00 $ 400.00 $ 38,000.00 $ 200.00 $ 19,000.00 $ 330.00 $ 31,350.00 $ 320.00 $ 30,400.00 $ 320.00 $ 30,400.00 $ 100.00 $ 7,000.00 $ 185.00 $ 12,950.00 $ 271.00 $ 18,970.00 $ 105.00 $ 7,350.00 $ 211.50 $ 14,805.00 $

1.00 $ 21,120.00 $ 1.00 $ 21,120.00 $ 0.46 $ 9,715.20 $ 0.45 $ 9,504.00 $ 0.40 $ 8,448.00 $

10.00 $ 157,500.00 $ 7.00 $ 110,250.00 $ 6.25 $ 98,437.50 $ 3.45 $ 54,337.50 $ 20.50 $ 322,875.00 $

2.00 $ 100,000.00 $ 1.00 $ 50,000.00 $ 1.00 $ 50,000.00 $ 1.18 $ 59,000.00 $ 0.55 $ 27,500.00 $ 1,200.00 $ 14,400.00 $ 900.00 $ 10,800.00 $ 1,725.00 $ 20,700.00 $ 2,500.00 $ 30,000.00 $ 980.00 $ 11,760.00 $ 2,000.00 $ 20,000.00 $ 1,100.00 $ 11,000.00 $ 1,775.00 $ 17,750.00 $ 1,500.00 $ 15,000.00 $ 1,270.00 $ 12,700.00 $ 600.00 $ 10,200.00 $ 600.00 $ 10,200.00 $ 700.00 $ 11,900.00 $ 550.00 $ 9,350.00 $ 710.00 $ 12,070.00 $ 300.00 $ 8,700.00 $ 275.00 $ 7,975.00 $ 285.00 $ 8,265.00 $ 70.00 $ 2,030.00 $ 410.00 $ 11,890.00 $ 300.00 $ 43,500.00 $ 140.00 $ 20,300.00 $ 200.00 $ 29,000.00 $ 250.00 $ 36,250.00 $ 132.50 $ 19,212.50 $

50.00 $ 19,400.00 $ 70.00 $ 27,160.00 $ 50.00 $ 19,400.00 $ 50.00 $ 19,400.00 $ 46.00 $ 17,848.00 $

20.00 $ 10,300.00 $ 55.00 $ 28,325.00 $ 25.00 $ 12,875.00 $ 18.00 $ 9,270.00 $ 16.50 $ 8,497.50 $

15.00 $ 4,050.00 $ 11.00 $ 2,970.00 $ 12.50 $ 3,375.00 $ 14.00 $ 3,780.00 $ 18.00 $ 4,860.00 $

2.00 $ 108,000.00 $ 3.00 $ 162,000.00 $ 3.25 $ 175,500.00 $ 3.00 $ 162,000.00 $ 2.90 $ 156,600.00 $

2.00 $ 96,000.00 $ 4.00 $ 192,000.00 $ 4.50 $ 216,000.00 $ 3.50 $ 168,000.00 $ 4.10 $ 196,800.00 $ 2,000.00 $ 4,000.00 $ 2,800.00 $ 5,600.00 $ 1,725.00 $ 3,450.00 $ 4,250.00 $ 8,500.00 $ 1,500.00 $ 3,000.00 $ 700.00 $ 7,000.00 $ 1,000.00 $ 10,000.00 $ 1,025.00 $ 10,250.00 $ 4,250.00 $ 42,500.00 $ 492.00 $ 4,920.00 $

60.00 $ 72,000.00 $ 52.00 $ 62,400.00 $ 46.00 $ 55,200.00 $ 25.00 $ 30,000.00 $ 64.00 $ 76,800.00 $ 1,500.00 $ 27,000.00 $ 800.00 $ 14,400.00 $ 925.00 $ 16,650.00 $ 1,100.00 $ 19,800.00 $ 900.00 $ 16,200.00 $ 800.00 $ 7,200.00 $ 800.00 $ 7,200.00 $ 350.00 $ 3,150.00 $ 4,250.00 $ 38,250.00 $ 520.00 $ 4,680.00 $ 1,000.00 $ 3,000.00 $ 850.00 $ 2,550.00 $ 3,500.00 $ 10,500.00 $ 4,250.00 $ 12,750.00 $ 900.00 $ 2,700.00 $ 250,000.00 $ 250,000.00 $ 430,000.00 $ 430,000.00 $ 300,000.00 $ 300,000.00 $ 450,000.00 $ 450,000.00 $ 214,313.00 $ 214,313.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 12,500.00 $ 12,500.00 $ 15,000.00 $ 15,000.00 $ 7,500.00 $ 7,500.00 $ 2,000.00 $ 2,000.00 $ 11,000.00 $ 11,000.00 $ 12,000.00 $ 12,000.00 $ 30,000.00 $ 30,000.00 $ 2,000.00 $ 2,000.00 $ 32,000.00 $ 32,000.00 $ 6,300.00 $ 6,300.00 $ 39,000.00 $ 39,000.00 $ 44,000.00 $ 44,000.00 $ 23,510.00 $ 23,510.00 $ 8,000.00 $ 8,000.00 $ 7,700.00 $ 7,700.00 $ 45,000.00 $ 45,000.00 $ 20,000.00 $ 20,000.00 $ 23,150.00 $ 23,150.00 $

15.00 $ 165,000.00 $ 17.00 $ 187,000.00 $ 5.75 $ 63,250.00 $ 18.00 $ 198,000.00 $ 32.80 $ 360,800.00 $ 25,000.00 $ 25,000.00 $ 32,000.00 $ 32,000.00 $ 36,000.00 $ 36,000.00 $ 14,000.00 $ 14,000.00 $ 29,520.00 $ 29,520.00 $ 1,940,570.00 $ 1,981,167.50 $ 1,992,590.20 $ 2,278,139.50 $ 2,602,374.00 $ Name
Reliable Tree
Experts Name Asphalt Impressions Name
Reliable Tree
Experts Inc Name Landscape Inc Name RMT Landscape
City Berkeley City Sacramento City Berkeley City City Oakland Tel # (510)558-2234 Tel # (916) 383-0441 Tel # (510)558-2234 Tel # Tel # (510)568-3208 LIC # 1083768 LIC # 900385 LIC # 1083768 LIC # LIC # 372869 DIR # 1000844691 DIR # 1000002092 DIR # 1000844691 DIR # DIR # 1000006077 Description of
Portion of Work
Subcontracted or
Supplied Tree Removal
Description of
Portion of Work
Subcontracted or
Supplied Art Crosswalk
Description of
Portion of Work
Subcontracted or
Supplied Bid Item 2 and 4
Description of
Portion of Work
Subcontracted or
Supplied Landscape
Description of
Portion of Work
Subcontracted or
Supplied
Irrigation and
Planting
Supply or
Subcontract
Amount 63,355 $
Supply or
Subcontract
Amount 50,000 $
Supply or
Subcontract
Amount 60,600 $
Supply or
Subcontract
Amount 500,000 $
Supply or
Subcontract
Amount 701,000 $
Name
SWIMS Storm
Water Inspection Name
Playground
Unlimited Name Verux Name
European Paving
Design
City Discorvery Bay City Santa Clara City Sacramento City San Jose Tel # (925)516-8966 Tel # (408)244-9848 Tel # (916)850-5758 Tel # (408)283-5230 LIC # 933000 LIC # 756794 LIC # 1229840 LIC # 445163
DIR # 1000019542 DIR # 1000008376 DIR # DIR # 1000005559 Description of
Portion of Work
Subcontracted or
Supplied Erosion Control
Description of
Portion of Work
Subcontracted or
Supplied Trellis Install
Description of
Portion of Work
Subcontracted or
Supplied Bid Item 8
Description of
Portion of Work
Subcontracted or
Supplied Install Pavers
Supply or
Subcontract
Amount 32,405 $
Supply or
Subcontract
Amount 10,000 $
Supply or
Subcontract
Amount 10,000 $
Supply or
Subcontract
Amount 212,000 $
Name
Zila Stormwater &
Civil Engineering Name
Mountail
Enterprises Name
Compass
Engineering
Contractors Name Asphalt Impression
City Los Angeles City Folsom City Hayward City Sacramento Tel # (323)455-5012 Tel # (830)626-4127 Tel # (510)264-0225 Tel # (916)383-0441 LIC # 4212634 LIC # 842929 LIC # 868996 LIC # 900385
DIR # 1000062414 DIR # 1000005328 DIR # 1000003328 DIR # 1000002092 Description of
Portion of Work
Subcontracted or
Supplied SWPPP
Description of
Portion of Work
Subcontracted or
Supplied Tree Removal
Description of
Portion of Work
Subcontracted or
Supplied Bid Item 13
Description of
Portion of Work
Subcontracted or
Supplied Pavement coloring
Supply or
Subcontract
Amount 7,265 $
Supply or
Subcontract
Amount 28,500 $
Supply or
Subcontract
Amount 47,280 $
Supply or
Subcontract
Amount 64,000 $
Name Asphalt Impressions Name Asphalt Impressions
City Sacramento City Sacramento
Tel # (916)383-0441 Tel # (916)383-0441
LIC # 900385 LIC # 9003851
DIR # 1000002093 DIR # 1000002092
Description of
Portion of Work
Subcontracted or
Supplied
Art Crosswalk
Asphalt
Description of
Portion of Work
Subcontracted or
Supplied Bid Item 28
Supply or
Subcontract
Amount 52,800 $
Supply or
Subcontract
Amount 47,280 $
Name Delta Bluegrass Name Lone Star
City Stockton City San Martin
Tel # (800)637-8893 Tel # (408)682-0100
LIC # 752734 LIC # 463280
DIR # 1000007938 DIR # 1000002345
Description of
Portion of Work
Subcontracted or
Supplied
Grass Sod
installation
Description of
Portion of Work
Subcontracted or
Supplied Landscaping
Supply or
Subcontract
Amount 93,338 $
Supply or
Subcontract
Amount 795,000 $
Name A1 Trucking
City Oakland
Tel # (510)828-0270
LIC #
DIR # 1000711531
Description of
Portion of Work
Subcontracted or
Supplied Trucking
Supply or
Subcontract
Amount 10,000 $
Subcontractors Listing
Galeb Paving, Inc
12340 Saratoga Sunnyvale Rd, Saratoga,
CA 95070 (408)253-4747
Subcontractors Listing Subcontractors Listing Subcontractors Listing Subcontractors Listing Radius Earthwork
197 E Hamilton Ave, Ste #204 Campbell,
CA 95008 (408)384-8630
Catos General Engineering, Inc
22302 Hathaway Ave, Hayward, CA
94541 (510)397-2677
Bay Construction
4026 Martin Luther King Jr. Way
Oakland, CA 94609 (510) 658-7225
Marina Landscape, Inc
3707 W Garden Grove Blvd Orange, CA
92868 (714) 939-6600

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-123
DATE: March 15, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Agreements and Other Documents with the California Department of Transportation (Caltrans) to Receive Federally Funded Payments of $774,900 for the Traffic Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project, Project No. 05737

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to have signature authority for all the agreements and documents from the California Department of Transportation (Caltrans) to receive federally funded payments for the Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project.

SUMMARY
Staff was successful in obtaining a grant from the Highway Safety Improvement Program (HSIP) in the amount of $774,900 for construction costs to fund the Traffic Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project. The project has been appropriated in the adopted FY 21/22 Capital Improvement Program (CIP) for a total of $965,000, including the City’s share of $86,100. Caltrans has requested that the City Manager be the authorized signature authority for all agreements and documents associated with this grant funding.

ATTACHMENTS
Attachment I Staff Report
Attachment I Resolution
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 1
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DATE: March 15, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Agreements and Other Documents with the California Department of Transportation (Caltrans) to Receive Federally Funded Payments of $774,900 for the Traffic Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project, Project No. 05737

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to have signature authority for all the agreements and documents from the California Department of Transportation (Caltrans) to receive federally funded payments for the Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project.

SUMMARY

Staff was successful in obtaining a grant from the Highway Safety Improvement Program (HSIP) in the amount of $774,900 for construction costs to fund the Traffic Signal Modification at Huntwood/Industrial and Huntwood/Sandoval Intersections Project. The project has been appropriated in the adopted FY 21/22 Capital Improvement Program (CIP) for a total of $965,000, including the City’s share of $86,100. Caltrans has requested that the City Manager be the authorized signature authority for all agreements and documents associated with this grant funding.

BACKGROUND

Staff has received several concerns and complaints from residents in the past five years regarding traffic queuing, delays, and safety of pedestrians and bicycles at the intersections of Huntwood/Industrial and Huntwood/Sandoval. Traffic signal improvements were installed at these intersections, which helped in traffic queue reduction to some degree, but it did not significantly alleviate the issue. A more comprehensive signal modification project was needed to fully address the issues.

DISCUSSION

The Highway Safety Improvement Program is one of the core federal-aid programs in the new Federal Surface Transportation Act (FSTA). On May 5, 2020, Caltrans announced the HSIP Cycle 10 Call for Projects. Staff applied for the traffic signal modification at Huntwood/Industrial and Huntwood/Sandoval Intersections and was successful in obtaining $774,900 for construction costs.

The project has an appropriated budget in the adopted FY 21/22 CIP for a total amount of $965,000, which includes the construction cost and the 10% local-match requirement, engineering design service, and staff costs in the City’s Transportation System Improvement Fund (Fund 460).

On September 28, 2021, Council authorized the City Manager to accept and appropriate the awarded grant funding. However, Caltrans requested that the City Manager be designated as the authorized signature authority for all agreements and documents associated with this grant funding.

ECONOMIC IMPACT

The overall transportation system will be more efficient; thus, reducing travel time, thus creating positive economic and health benefits and reduction of greenhouse gas emissions.

FISCAL IMPACT

This item has a total appropriated project budget of $965,000 from the City’s Transportation System Improvement Fund (Fund 460). The grant funding will reimburse 90% ($774,900) of the construction costs. The estimated project costs are as follows:

Construction Contract $861,000
Design and Administration $75,000
Internal Staff Costs $29,000
TOTAL $965,000

STRATEGIC ROADMAP

This item supports Council’s strategic priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Project 8, Part 8b. Add 10 lane miles of bike lanes per year

Project 8, Part 8c. Implement the Bicycle and Pedestrian Master Plan; Assess Safe Routes to School

Project 8, Part 8d. Implement the Bicycle and Pedestrian Master Plan; Implement Safe Routes to School

SUSTAINABILITY FEATURES

There are no sustainability features associated with this action.

PUBLIC CONTACT

There is no public contact associated with this action.

NEXT STEPS

If Council approves this request, the City Manager will have signature authority to accept, appropriate, and execute all agreements and amendments with the Caltrans.

Prepared by: Dr. Ayeh Khajouei, Associate Transportation Planner

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 EXCUTE ALL

AGREEMENTS AND AMENDMENTS WITH THE CALIFORNIA DEPARTMENT

OF TRANSPORTATION (CALTRANS) TO RECEIVE FEDERALLY FUNDED

PAYMENTS FOR THE TRAFFIC SIGNAL MODIFICATION AT

HUNTWOOD/INDUSTRIAL AND HUNTWOOD/SANDOVAL INTERSECTIONS PROJECT 05737

WHEREAS, the Federal Highway Safety Improvement Program ( HSIP) awarded the City of Hayward (City) a $774,900 grant for the signal modifications at Huntwood/Industrial and Huntwood/Sandoval intersections;

WHEREAS, on September 28, 2021, City Council authorized the City Manager to accept and appropriate the awarded grant funding through Resolution 21-189; and

WHEREAS, Caltrans has requested the City Manager be the authorized signing authority for all agreements and documents associated with this grant funding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to sign and execute agreements from Caltrans to receive the awarded f unds for the Traffic Signal Modification at Huntwood/Industrial and Huntwood/Sandoval, Project No. 05737.

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 22-130
DATE: March 15, 2022
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Approval of Final Map for Tract 8502, a 15 Lot Subdivision for Condominium Purposes at 29212 Mission Boulevard to Allow the Construction of 130 Condominium Units, 10,800 Square Feet of Ground Floor Commercial Space, Open Space Areas, and Related Site Improvements; Applicant/Owner: Hayward SoMi, LLC., Application No. 202100251

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8502 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), and authorize the City Manager to execute the Subdivision Agreement, related other documents, and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.

SUMMARY
The Final Map for Tract 8502 subdivides four parcels on Mission Boulevard into 15 lots for condominium purposes allowing the construction of 130 units, 10,800 square feet of ground floor commercial space, open space areas, and related site improvements. The 12.2-acre project area included one parcel at 29212 Mission Blvd (Assessor Parcel Number 078C-0455-001-04) owned by the developer and the remaining area comprising “Parcel Group 2” of the former State Route 238 lands purchased from the City.

The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to compete all required improvements.

The Final Map and Improvement Plans are based on the Vesting Tentative Map approved by Council by Resolution 19-202 on October 29, 2019. The developer has elected to file two final maps on the approved Vesting Tentative Map as allowed by the State Subdivision Map Act and City Ordinance. The City Engineer, in coordination with other potentially affected departments, has reviewed the proposed development phasing, the Final Map, and Improvement Plans and have determined these documents to be in substantial compliance with the City approved Vesting Tentative map, applicable City Standards, and addressing the City’s conditions of map approval.

CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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File #:CONS 22-130

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution, Tract 8502
Attachment III Final Map, Tract 8502
Attachment IV Approved Tentative Map
Attachment V Final Map Phasing
CITY OF HAYWARD Printed on 3/10/2022Page 2 of 2
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DATE: March 15, 2022

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: Approval of Final Map for Tract 8502, a 15 Lot Subdivision for Condominium Purposes at 29212 Mission Boulevard to Allow the Construction of 130 Condominium Units, 10,800 Square Feet of Ground Floor Commercial Space, Open Space Areas, and Related Site Improvements; Applicant/Owner: Hayward SoMi, LLC., Application No. 202100251

RECOMMENDATION

That the Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8502 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), and authorize the City Manager to execute the Subdivision Agreement, related other documents, and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.

SUMMARY

The Final Map for Tract 8502 (Phase I) subdivides four parcels on Mission Boulevard into 15 lots for condominium purposes allowing the construction of 130 units, 10,800 square feet of ground floor commercial space, open space areas, and related site improvements. The 12.2- acre project area included one parcel at 29212 Mission Blvd (Assessor Parcel Number 078C- 0455-001-04) owned by the developer and the remaining area comprising “Parcel Group 2” of the former State Route 238 lands purchased from the City. The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to compete all required improvements.

The Final Map and Improvement Plans are based on the Vesting Tentative Map approved by Council by Resolution 19-202 on October 29, 2019. The developer has elected to file two final maps on the approved Vesting Tentative Map as allowed by the State Subdivision Map Act and City Ordinance. The City Engineer, in coordination with other potentially affected departments, has reviewed the proposed development phasing, the Final Map, and Improvement Plans and have determined these documents to be in substantial compliance with the City approved Vesting Tentative map, applicable City Standards, and addressing the City’s conditions of map approval.

BACKGROUND

Tentative Map - Per State law, Tentative and Final maps are required for subdivision of real property into five or more parcels. A Vesting Tentative Map Application (No. 201806355) showing the proposed subdivision into 25 lots for condominium purposes allowing the construction of 189 units, 10,800 square feet of ground floor commercial space, open space areas, related site improvements, along with preliminary plans and documents describing the proposed development was reviewed and approved by the City Council on October 29, 2019 subject to certain Conditions of Approval. At the same meeting on October 29, 2019, City Council approved the PD Rezone from S-T4 (South Hayward Form Based Code, T4), CN (Neighborhood Commercial) District, and RM (Medium Density Residential) District to PD (Planned Development) to allow for consistency and orderly development pattern across the

12.2 acre project site. The City’s Planning Commission recommended approval of the Vesting Tentative Map and PD Rezone for Tract 8502 to the City Council on October 10, 2019.

The Council approved the Vesting Tentative Map and PD Rezone of Tract 8502 in a public meeting after considering comments from the public and public agencies. Council also considered compliance with the Subdivision Map Act, the California Environmental Quality Act, Planned Development guidelines, the City Subdivision Ordinance, Zoning Code, Building Regulations, the Hayward General Plan, Specific & Neighborhood Plans, and the site-specific requirements of the Planning, Public Works, Fire, and Police Departments. The 189 condominium units and ground floor commercial space proposed in the subdivision will fulfill several goals and objectives of the City’s General Plan by providing in-fill development, increasing housing diversity and including compete streets elements.

DISCUSSION

Project Phasing - The approved Tentative Map includes 189 condominium units and 10,800 square feet of commercial space in twenty-five buildings throughout the 12.2-acre project site.

The developer has elected to complete the project in two phases and has submitted a Final Map and Improvement Plans to construct 130 condominium units along with the 10,800 square feet of commercial within 16 buildings in the first phase. City departments, including Development Services, Public Works, Fire, Utilities, and Housing have reviewed and approved the proposed phasing roughly outlined in Attachment V.

Final Map and Improvements Plans - After Vesting Tentative Map approval, the subdivider has submitted the Final Map and Improvement Plans for phase one of a planned two-phase development. The City Engineer has reviewed and determined these documents to be in substantial compliance with the City approved Vesting Tentative map, applicable City Standards and addressing the City’s conditions of the map approval.

Improvement Agreement and Securities - The subdivider has requested the City’s approval of the Final Map before all required improvements are completed as provided for in the State Subdivision Map Act Section 66462. The subdivider has agreed to execute an agreement with the City to complete the improvements required for the subdivision in a timely manner as per the improvement plans approved by the City Engineer and as stipulated in the Hayward

Municipal Code Section 10-3.330 (a). Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a).

New improvements will include extension of the City’s sewer and water service to each new unit and fire hydrants; new private roadways within the development, site lighting and stormwater treatment basins to be maintained by the Homeowners Association (HOA); All utilities within the subdivision will be underground.

The Council’s approval of the Final Maps shall not become effective until and unless the developer enters into a Subdivision Agreement with the City for the construction of improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map.

ENVIRONMENTAL REVIEW

The environmental review was completed when the Vesting Tentative Map was approved in 2019. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information, which would require additional environmental review.

ECONOMIC AND FISCAL IMPACT

The Final Map, by itself, will not have a fiscal or economic impact. The development created by approval of the final map will improve commerce, provide needed housing and employ construction workers. Property tax revenues received by the City and several other local agencies will increase once the homes are constructed and occupied. The Final Map approval is consistent with the approved project.

STRATEGIC ROADMAP

Approval of the Final Map supports the Preserve, Protect, & Produce Housing priority in the City’s Strategic Roadmap, providing a mix of housing stock for all Hayward residents and community members, including the expansion of affordable housing opportunities and resources.

SUSTAINABILITY FEATURES

The proposed project includes placement of solar panels on all structures; installation of energy star appliances and tankless water heaters; and tools to harvest rainwater for landscaping from the residential structures.

In addition to the sustainable building elements, the proposed development would be located within one-half mile to the South Hayward BART Station; include an extensive network of pedestrian and bicycle connections and numerous open spaces throughout the development site; and incorporate Transportation Demand Management (TDM) strategies to minimize single occupancy vehicle use, including the distribution of Clipper cards to all households,

participation in commuter tax benefit programs, and dedication of car sharing spaces within the development

NEXT STEPS

If the Council approves the Final Map, the applicant will have the Final Map recorded after executing the Subdivision Improvement Agreement. Occupancy permits for the new units will be issued only after the required improvements are completed as per the plans approved by the City and a HOA is incorporated for the maintenance and repair of the new common use improvements within the subdivision.

Prepared by: Scott Wikstrom, Development Services Engineer

Recommended by: Jennifer Ott, Assistant City Manager / Development Services Director

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member _______________

RESOLUTION APPROVING THE FINAL MAP OF TRACT 8502, ACCEPTING

THE EASEMENTS DEDICATED THEREON FOR PUBLIC USE AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE

SUBDIVISION IMPROVEMENT AGREEMENT AND RELATED OTHER

DOCUMENTS

WHEREAS, Vesting Tentative Tract Map No. 8502 for Mission Village, was approved by the City Council of the City of Hayward on October 29. 2019; and

WHEREAS, the Final Map for Tract 8502 has been presented to the City Council of the City of Hayward for development of 1 5 lots consisting of 1 30 condominium units, 10,800 square feet of ground floor commercial space , a common open space, and related site improvements located on one existing parcel (Assessor Parcel Number 441-0012-062- 02) at 29212 Mission Blvd and “Parcel Group 2” of the former State Route 238 lands purchased from the City; and

WHEREAS, the City Engineer has determined the map substantially complying with its Vesting Tentative Map and the City Surveyor has determined the map technically correct; and

WHEREAS, the City Engineer has also determined the Tract 8502 Improvement Plans acceptable and conforming to the City’s Conditions of A pproval of the Vesting Tentative Map for Tract 8502; and

WHEREAS, Subdivider has requested the Council approval of Tract Map 8502 before its required improvements are completed and has agreed to complete the same within the time limits specified in an agreement with the City and post securities required therefor.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Hayward does hereby find that the Final Map for Tract 8 502 is in substantial compliance with its approved Vesting Tentative Tract Map and does hereby approve the said Final Map and accepts o n behalf of the public all easements dedicated for public use thereon, subject to the subdivider entering into a subdivision agreement for the completion of improvements and other obligations, as required by the conditions of approval of the Vesting Tentative Tract Map for Tract 8502, and that the approval of the Final Map for Tract 8502 shall not be effective until and unless and such agreement is entered into.

ATTACHMENT II

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute, for and on behalf of the City of Hayward, a subdivision agreement 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:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward
1JOB NO. 2775-010SHEET OF 9
TRACT 8502CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456

OWNER'S ACKNOWLEDGMENT

OWNER'S STATEMENT

COUNTY RECORDER'S STATEMENT
OWNER'S STATEMENT (CONT.)TRUSTEE'S ACKNOWLEDGMENT

TRUSTEE'S STATEMENT

CLERK OF THE BOARD OF SUPERVISORSSTATEMENT

ATTACHMENT III
130
2JOB NO. 2775-010SHEET OF 9
TRACT 8502CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456

CITY CLERK'S STATEMENT

CITY ENGINEER'S STATEMENT

CITY SURVEYOR'S STATEMENTSOIL / GEOTECHNICAL REPORT NOTE

SURVEYOR'S STATEMENT
130

MISSION BOULEVARDVALLE VISTA AVENUE
5679TENNYSON ROAD8PARCEL APARCEL BPARCEL CPARCEL DPARCEL EPARCEL FPARCEL GPARCEL HPARCEL IPARCEL JPARCEL KPARCEL L

PARCEL M
891011765432115141312SOMI COURTPARCEL NPARKWOOD LANE
3 100'GRAPHIC SCALE400'0'200'100'50'100'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS:

NOTE:REFERENCES:JOB NO. 2775-010SHEET OF 9
LEGEND
1 130

MISSION BOULEVARD

TENNYSON ROAD
VALLE VISTAAVENUE4
100'GRAPHIC SCALE400'0'200'100'50'100'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 JOB NO. 2775-010SHEET OF 9
BASIS OF BEARINGS: LEGEND
REFERENCES:

OVERHILL DRIVEHUB LANE
130

PARCEL BPARCEL LPARCEL KPARCEL J
76PARCEL C89PARCEL DPARCEL EPARCEL ASOMI COURT5
30'GRAPHIC SCALE120'0'60'30'15'30'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS:

NOTE:REFERENCES:

JOB NO. 2775-010SHEET OF 9
LEGEND
SEE SHEET 6
130

PARCEL ISOMI COURT
543211312PARCEL HPARCEL F10PARCEL A11
MISSION BOULEVARD6
30'GRAPHIC SCALE120'0'60'30'15'30'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS:

NOTE:REFERENCES:JOB NO. 2775-010SHEET OF 9
LEGEND
SEE SHEET 5
SEE SHEET 7
SEE SHEET 8
130

MISSION BOULEVARD
PARCEL G15SOMI COURT14VALLE VISTAAVENUEMISSION BLVD DEDICATIONPARCEL A

PARCEL MPARKWOOD LANE
7 30'GRAPHIC SCALE120'0'60'30'15'30'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS:

NOTE:REFERENCES:JOB NO. 2775-010SHEET OF 9
LEGEND
SEE SHEET 6
SEE SHEET 8SEE SHEET 8
DETAIL 1SCALE: 1" = 1'
130
MISSION BOULEVARD14

SOMI COURTPARCEL NPARCEL APARCEL MPARKWOOD LANE
8 40'GRAPHIC SCALE160'0'80'40'20'40'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS:

NOTE:REFERENCES:JOB NO. 2775-010SHEET OF 9
LEGEND
SEE SHEET 9
SEE SHEET 7SEE SHEET 6
130

TENNYSON ROADPARCEL N
9 40'GRAPHIC SCALE160'0'80'40'20'40'0'
TRACT 8502SCALE: 1" =CONSISTING OF 9 SHEETS FOR 189 CONDOMINIUM UNITSBEING A SUBDIVISION OF THE LAND DESCRIBED IN THAT GRANT DEEDDOC. NO. 2021293247 AND THE LAND DESCRIBED IN THAT GRANT DEED DOC.NO. 2021293250, BOTH OF ALAMEDA COUNTY RECORDS.CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIANOVEMBER 2021CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 BASIS OF BEARINGS:

NOTE:REFERENCES:JOB NO. 2775-010SHEET OF 9
LEGENDSEE SHEET 8
130

ATTACHMENT V

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Steering Angle
Waste Management Truck
Track
Lock to Lock Time
Width

5.90 6.0
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10.00 7.32
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16.50 feet

33.00 ATTACHMENT V

ATTACHMENT V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-132
DATE: March 15, 2022
TO: Mayor and City Council
FROM: 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 to Resolution
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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CITY OF HAYWARD Printed on 3/10/2022Page 2 of 2
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DATE: March 15, 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

On February 25, 2022, the Governor issued Executive Order N-04-22 repealing many of his prior Executive Orders imposing various mandates intended to address the impact of COVID 19. However, the Governor did not lift the State of Emergency related to COVID 19 that he initially proclaimed on March 4, 2020. As of the date of this report, the State of Emergency proclaimed by the Governor remains in effect.

Current orders of the Alameda County Health Official satisfy both conditions necessary for the AB 361 findings described above:

 Order No. 20-05g, originally issued April 3, 2020 and most recently amended on January 10, 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. 20-060, originally issued April 3, 2020 and most recently amended on February 22, 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.

 Order No. 22-01 (effective February 16, 2022) rescinded Order No. 21-06 (effective on December 8, 2021) which mandated face coverings be worn in indoor public spaces. Pursuant to Order No. 22-01, unvaccinated or incompletely vaccinated individuals over the age of two years must continue to wear face coverings indoors and workplaces will be subject to regulations on indoor masking issued by Cal/OSHA. The order further states that it is not intended to prohibit the wearing of masks by vaccinated individuals. Indeed, the Health Officer recommends continued use of masks by all in these settings.

Additionally, the California Department of Public Health continues to require unvaccinated individuals to wear masks in indoor public settings and businesses, including state and local government officers serving the public. Fully vaccinated individuals are recommended to continue indoor masking when the risk may be high.

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 resol utions 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- 05g (originally issued April 3, 2020 and most recently amended on J anuary 10, 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- 06o (originally issued April 3, 2020 and most recently amended on February 22, 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. 22-01 (effective on February 16, 2022) , which rescinded Order No. 21 -06 (effective on December 8, 2021) which mandated face coverings be worn in indoor public spaces; and

WHEREAS, pursuant to Order No. 22 -01, unvaccinated or incompletely vaccinated individuals over the age of two years must continue to wear face coverings indoors and workplaces will be subject to regulations on indoor masking issued by Cal/OSHA. The Order further states that it is not intended to prohibit the wearing of masks by vaccinated individuals. Indeed, the Health Officer recommends continued use of masks by all in these settings; and

WHEREAS, the California Departm ent of Public Health continues to require unvaccinated individuals to wear masks in indoor public settings and businesses, including state and local government officers serving the public. Fully vaccinated individuals are recommended to continue indoor masking when the risk may be high; 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 p ublic meetings because they do not necessarily involve a stable group of vaccinated individuals.

ATTACHMENT II

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.

• The Alameda County Heal th Officer has issued order s requiring unvaccinated or incompletely vaccinated individuals over the age of two years to continue to wear face coverings indoors and recommends continued use of face coverings by vaccinated individuals in these settings.

• The California Department of Public Heal th continues to require unvaccinated individuals to wear masks in indoor public settings and businesses, including state and local government officers serving the public. Fully vaccinated individuals are recommended to continue indoor masking when the risk may be high.

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 sh all 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:

ATTACHMENT II

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 22-140
DATE: March 15, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Awarding a Contract to Golden Bay Construction for the FY22 New Sidewalks Project, Project No. 05314, in the Amount of $770,591 and Authorizing an Administrative Change Order Budget of $129,409

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving Addendum No. 1 consisting of revisions to the plans and specification for the FY22 New Sidewalks Project and awarding the contract for the project to Golden Bay Construction, in the amount of $770,591 and authorizing an administrative change order budget of $129,409 for a total not-to-exceed contract amount of $900,000. ..End

SUMMARY
The FY22 New Sidewalks Project (Project) calls for two locations for new sidewalks: Hesperian Boulevard and West Winton Avenue (Attachment III). The Project will help provide a safe and continuous concrete pedestrian route to Mt. Eden High School on Hesperian Boulevard, and to multiple businesses, and Fire Station No. 6 and Fire Training Center on West Winton Avenue. Existing driveways and curb ramps in new sidewalk areas will be reconstructed to comply with the current Americans with Disabilities Act (ADA) requirements.

On February 22, 2022, twelve (12) bids were received, with one bid below the Engineer’sEstimate. At $770,591, the low bid received by Golden Bay Construction is $189,409, or 19.7%, below the Engineer’s Estimate of $960,000. ASG Builders, of Mountain View, submitted the second lowest bid in the amount of $811,691, which is 15.4% below the Engineer’sEstimate. Staff recommends award of the contract to the responsible low bidder, Golden Bay Construction, in the amount of $770,591 and authorizing expenditure of $129,409 for Administrative Change Orders for a total budget amount of $900,000. The total project budget of $1,350,000 is funded via Measure B (Pedestrian and Bicycle) and Measure BB (Pedestrian and Bicycle) funds.

ATTACHMENTS
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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File #:CONS 22-140
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 3/10/2022Page 2 of 2
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DATE: March 15, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Awarding a Contract to Golden Bay Construction for the FY22 New Sidewalks Project, Project No. 05314, in the Amount of $770,591 and Authorizing an Administrative Change Order Budget of $129,409

RECOMMENDATION

That the Council adopts the attached resolution (Attachment II) approving Addendum No. 1 consisting of revisions to the plans and specification for the FY22 New Sidewalks Project and awarding the contract for the project to Golden Bay Construction, in the amount of $770,591 and authorizing an administrative change order budget of $129,409 for a total not-to-exceed contract amount of $900,000.

SUMMARY

The FY22 New Sidewalks Project (Project) calls for two locations for new sidewalks:

Hesperian Boulevard and West Winton Avenue (Attachment III). The Project will help provide a safe and continuous concrete pedestrian route to Mt. Eden High School on Hesperian Boulevard, and to multiple businesses, and Fire Station No. 6 and Fire Training Center on West Winton Avenue. Existing driveways and curb ramps in new sidewalk areas will be reconstructed to comply with the current Americans with Disabilities Act (ADA) requirements.

On February 22, 2022, twelve (12) bids were received, with one bid below the Engineer’s Estimate. At $770,591, the low bid received by Golden Bay Construction is $189,409, or

19.7%, below the Engineer’s Estimate of $960,000. ASG Builders, of Mountain View, submitted the second lowest bid in the amount of $811,691, which is 15.4% below the Engineer’s Estimate. Staff recommends award of the contract to the responsible low bidder, Golden Bay Construction, in the amount of $770,591 and authorizing expenditure of $129,409 for Administrative Change Orders for a total budget amount of $900,000. The total project budget of $1,350,000 is funded via Measure B (Pedestrian and Bicycle) and Measure BB (Pedestrian and Bicycle) funds.

BACKGROUND

Hesperian Boulevard and West Winton Avenue were identified as needing new sidewalk construction and repairs of existing sidewalk segments to further the City’s goal of providing safe and continuous pedestrian access throughout the City. The City has received multiple requests from residents for sidewalk improvements at these locations.

On January 25, 2022, Council approved the plans and specifications for the FY22 New Sidewalks Project and called for bids to be received on February 22, 2022.

DISCUSSION

The project will provide a continuous concrete sidewalk on:

 East side of Hesperian Boulevard (from Catalpa Way to 180’ south of Bolero Avenue)  North side of West Winton Avenue (from Hesperian Boulevard to Bulldog Way)

This project is aside from and in additional to the annual sidewalk rehabilitation project. The proposed improvements for the FY22 New Sidewalk Project will add 1.5 miles of new concrete sidewalk to the City’s inventory, which totals approximately 460 miles. The new concrete sidewalk, curb, and gutter will meet current City standards. In addition, four existing curb ramps that are non-compliant will be removed and reconstructed to comply with current ADA requirements.

On February 22, 2022, twelve (12) bids were received for the FY22 New Sidewalks Project (Attachment III). Golden Bay Construction of Hayward submitted the lowest bid in the amount of $770,591 which is 19.7% lower than the Engineer’s Estimate of $960,000. ASG Builders, of Mountain View, submitted the second lowest bid in the amount of $811,691, which is 15.4% under the Engineer’s Estimate.

All bid documents and licenses are in order. Staff recommends award of the contract to the responsible low bidder, Golden Bay Construction, in the amount of $770,591, and authorizing expenditure of $129,409 for Administrative Change Orders.

This project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.

On November 15, 20161, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the new sidewalks project is less than $1,000,000, the CWA agreement does not apply to this project.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=

ECONOMIC IMPACT

The project will have a positive impact on the community by providing more sidewalks as an alternative transportation mode for pedestrians and bicyclists. This project also provides safer access to other large goals, like routes to schools and for seniors.

FISCAL IMPACT

The project is funding by the City’s Capital Improvement Program funds, specifically Alameda County Transportation Commission’s direct local distribution sources of Measure B (Fund 216) and Measure BB (Fund 213).

Estimated project costs are as follows:

Design and Contract Administration $225,000 Construction Inspection and Testing $225,000 Golden Boy Construction’s bid $770,591 Construction Contingency $129,409 Total: $1,350,000
Total Funding:
216 – Measure B $925,000 213 – Measure BB $425,000 Total: $1,350,000

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 8, Part 8a.: Add 2 miles of sidewalks per year.

Project 8, Part 8d.: Implement safe routes to school.

SUSTAINABILITY FEATURES

The project satisfies the following General Plan policies:

 M-1.7 Eliminate Gaps (in pedestrian networks)
 M-3.1 Serving All Users
 M-3.10 Motorists, Bicyclists, and Pedestrian Conflicts  M-5.2 Pedestrian System
 M-5.3 Access to Transit
 M-5.4 Sidewalk Design
 M-5.7 Safe Sidewalks

The project requires the contractor to recycle all construction and demolition debris as a result of the project.

PUBLIC CONTACT

Immediately after the construction contract is awarded, a preliminary notice explaining the project will be posted and distributed to all residents and businesses along the affected streets. 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 street. Residents will be advised to park their vehicles on side streets outside of the work area during the period when the sidewalks are being constructed.

SCHEDULE

The estimated construction timeline is:

Start of Construction May 2021
End of Construction Fall 2021

NEXT STEPS

If Council approves, the City Manager will execute the construction contract with Golden Bay Construction for this project.

Prepared by: Yama Farouqi, 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 AUTHORIZING THE CITY MANGER TO AWARD A CONTRACT TO GOLDEN BA Y CONSTRUCTION FOR THE FY 22 NEW SIDEWALKS PROJECT, PROJECT NO. 05314

WHEREAS, by resolution on January 25, 2022, the City Council approved the plans and specifications for the FY 22 N ew Sidewalks Project , Project No. 05314 and called f or bids to be received on February 22, 2022; and

WHEREAS, on February 16, 2022, Addendum No. 1 was provided to re vise the plans and specifications; and

WHEREAS, on February 22, 2022, four (12) bids were received, ranging from $770,591 to $1,685,120; Golden Bay Construction, of Hayward, California submitted the low bid in the amount of $ 770,951, which is 19.7% below the engineer’s estim ate of $960,000; and

WHEREAS, the Administrativ e Change Order (ACO) or contingency budget of $129,409 was not disclosed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the C ity of Hayward that Golden Bay Construction is h ereby awarded the co ntract for the FY22 New Sidewalks Project, Project No . 05314, in the amount of $ 770,591 in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward at and for the price named and stat ed in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED that the expenditure of $129,409 for Administrative Change Orders is hereby authorized.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Golden Bay Construction, in the name of and fo r and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

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 22-145
DATE: March 15, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT ..Title
Adopt a Resolution Approving Addendum No. 1, Rejecting Bid Protest and Awarding a Construction Contract to Bear Construction, Inc., for the Municipal Parking Lot No. 1 Improvement Project, Project No. 05286 in the Amount of $390,183.50, and Authorizing a Construction Contingency Change Order Budget of $172,816.50

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving Addendum No. 1, which advertised a mandatory pre-bid conference held on February 15, 2022, rejecting the bid protest of Cato’s Paving General Engineering, Inc., and awarding the construction contract to Bear Construction in the amount of $390,183.50 for the Municipal Parking Lot No. 1 (Muni Lo Lot 1) Improvement Project, Project No. 05286, and authorizing a construction contingency change order budget of $172,816.50.

SUMMARY
On February 22, 2022, seven (7) bids were received for the Municipal Parking Lot No. 1 (Muni Lot 1) Improvement Project. Bear Construction. Inc., of Hayward, submitted the low bid in the corrected amount of $390,183.50, which is 6.6% lower than the Engineer’sEstimate of $418,000. Cato’sGeneral Engineering, Inc., of Hayward, submitted the second lowest bid in the corrected amount of $413,825, which is 1.0% lower than the Engineer’sEstimate. Radman Electric, of Hayward, submitted the third bid in the amount of $478,050, which is 14.4% higher than the Engineer’s Estimate.

The project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance or minor alteration of existing facilities.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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Attachment IV Bid Protest
Attachment V Responses to Bid Protest
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DATE: March 15, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Approving Addendum No. 1, Rejecting Bid Protest and Awarding a Construction Contract to Bear Construction, Inc., for the Municipal Parking Lot No. 1 Improvement Project, Project No. 05286 in the Amount of $390,183.50, and Authorizing a Construction Contingency Change Order Budget of $172,816.50

RECOMMENDATION

That Council adopts the attached resolution (Attachment II) approving Addendum No. 1, which advertised a mandatory pre-bid conference held on February 15, 2022, rejecting the bid protest of Cato’s Paving General Engineering, Inc., and awarding the construction contract to Bear Construction in the amount of $390,183.50 for the Municipal Parking Lot No. 1 (Muni Lo Lot 1) Improvement Project, Project No. 05286, and authorizing a construction contingency change order budget of $172,816.50.

SUMMARY

On February 22, 2022, seven (7) bids were received for the Municipal Parking Lot No. 1 (Muni Lot 1) Improvement Project. Bear Construction. Inc., of Hayward, submitted the low bid in the corrected amount of $390,183.50, which is 6.6% lower than the Engineer’s Estimate of $418,000. Cato’s General Engineering, Inc., of Hayward, submitted the second lowest bid in the corrected amount of $413,825, which is 1.0% lower than the Engineer’s Estimate. Radman Electric, of Hayward, submitted the third bid in the amount of $478,050, which is 14.4% higher than the Engineer’s Estimate.

The project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance or minor alteration of existing facilities.

BACKGROUND

This project is part of an annual pavement rehabilitation and preventive maintenance program for the City’s nine municipal parking lots. Improvements to Muni Lot Nos. 2, 3, 4, 5 & 6 have been completed and include: improving the pavement and the aesthetic condition of the parking lots; adding accessible parking spaces for American with Disabilities Act (ADA) compliance; providing for additional sidewalks for safe passage of pedestrian using the parking lot; and making lighting upgrades.

DISCUSSION

Muni Lot No. 1 is located in the Downtown area and services public parking needs for offices and retails businesses on Main Street, A Street, Mission Boulevard, and B Street. The entrances to Muni Lot 1 are on Mission Boulevard, B Street and Main Street. The project consists of improving the current condition of Muni Lot 1 by upgrading the parking configuration to City standards, construction of sidewalk, and ADA parking space requirements. Additional improvements include pavement rehabilitation, additional landscape planting and irrigation works, upgrading LED lighting and parking stall condition, striping, markings and signages, and the infrastructure necessary for future vehicle charging stalls.

Seven (7) bids were received by the City Clerk at City Hall, First Floor, 777 B Street, City of Hayward on February 22, 2022, for the Project. Staff verified all bid documents and licenses are in order. Bear Construction, Inc., (Bear Construction) submitted the low bid in the corrected amount of $390,183.50, which is 6.6% lower than the Engineer’s Estimate of $418,000. The bids ranged from $390,183.50 to $569,420.

On February 24, 2022 the second low bidder, Cato’s Paving General Engineering, Inc., (Cato) submitted a bid protest (Attachment IV) to the City Clerk alleging that Bear Construction’s bid was not responsive to the bid specifications and should be rejected.

Bear Construction provided a written response to the bid protest on February 25, 2022 (Attachment V). Staff reviewed the bid protest and determined that Bear Construction’s bid was in fact responsive to the bid specifications.

Cato alleged that Bear Construction’s submission of a copy rather than the original bid bond was not responsive to the specifications. However, the specifications do not require submission of the original bond. Cato further alleged that Bear did not properly specify the amount of the bond. The specifications require that the bond be at least 10% of the bid.

Bear’s bond states that the face amount of the bond is “ten percent of bid amount.” Additionally, staff independently verified the authenticity of the bond with the surety. The bond is properly executed and complies with the specifications in all respects.

Cato also alleged that Bear did not list a sub-contractor for a specific portion of the work (painting of streetlights) and that Bear is not qualified to self-perform that work. Section

10-1.25 of the project specifications call for upgrade of existing streetlights, including painting. Section 10-1.25 also states that payment for that bid item includes the painting work. Bear’s bid proposal clearly listed subcontractor Bear Electrical as performing “Electrical” work for $57,840. The corresponding unit price on the bid sheet (line 14 Upgrade Existing Streetlight) shows the same amount of $57,840. Based on this, Bear clearly intends Bear Electrical to perform the streetlight work, which includes the painting of the streetlight. Based on this analysis, staff recommends that Cato’s bid protest be rejected.

On November 15, 20161, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the Muni Lot No. 1 Improvement Project is less than $1,000,000, the CWA agreement does not apply to this project.

ECONOMIC IMPACT

The improvement of the parking amenities and provision of future electric vehicle charging stalls will provide convenience for visitors to the downtown area and may increase activities to nearby businesses.

FISCAL IMPACT

Project Expenditures:

Construction Contract $390,183.50
Construction – Administrative Change Order 172,816.50
Landscaping – City Staff 20,000
Design and Administration 8,500
Construction Survey, Inspection and Testing 8,500
TOTAL $600,000

Project Funding Source:

The Adopted FY 2022 Capital Improvement Program (CIP) includes a total of $600,000 for Muni Lot 1 Improvement Project No. 05286 in the Street System Improvements – Fund 450.

STRATEGIC ROADMAP

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=

This agenda item supports the Strategic Priorities to Improve Infrastructure. Specifically, this item relates to the implementation of the following project:

Project 1: Improve access and mobility in downtown Hayward.

Project 2: Expand EV charging infrastructure for City fleet and employees.

SUSTAINABILITY FEATURES

This project upgrades the condition of the parking lot pavement and adds accessible parking spaces, safe pedestrian pathways, and provision of future electric charging station.

The project requires the contractor to recycle all construction and demolition debris as a result of the project.

PUBLIC CONTACT

Staff has initiated discussion with some of the Downtown businesses and will continue dialogue with the business owners on the start of construction, project duration, and relevance of work phasing to maintain availability of at least two-third parking.

Immediately after the construction is awarded, a preliminary notice explaining the project will be distributed to the businesses adjacent to the limit of work. After the construction work has been scheduled, businesses will be notified at least seventy-two hours prior to the actual commencement of work.

NEXT STEPS

Begin Construction April 4, 2022
Complete Construction June 7, 2022

Prepared by: Hector M. Leuterio, Assistant Civil 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 APPROVING ADDENDUM NO. 1, REJECTING BID
PROTEST AND AWARDING THE MUNICIPAL PARKING LOT NO. 1
IMPROVEMENT PROJECT, PROJECT NO. 052 86, CONSTRUCTION
CONTRACT TO BEAR CONSTRUCTION, INC., IN THE AMOUNT OF
$390,183.50, AND AUTHORIZING A CONSTRUCTION CONTINGENCY CHANGE ORDER BUDGET OF $172,816.50

WHEREAS, by Resolution No. 22-032 on February 1, 2022, the City Council approved the plans and specifications for the Municipal Parking Lot No. 1 Improvement Project, Project No. 05286, and called for bids to be received on February 22, 2022;

WHEREAS, Addendum No. 1 to the Plans and Specifications was issued advertising a mandatory pre-bid conference to be held on Tuesday, February 15, 2022, at 2:00 p.m. via remote participation;

WHEREAS, on February 22, 2022 , s even (7) bids were received ranging from $390,183.50 to $ 569,420; Bear Construction, Inc., (Bear) of Hayward, CA submitted the lowest bid in the amount of $390,183.50, which is 6.6% lower than the Engineer’s Estimate;

WHEREAS, o n February 24, 2022 the second low bidder Cato’s Paving General Engineering, Inc. , (Cato) submitted a bid protest to the City Clerk alleging that Bear Construction’s bid was not responsive to the bid specifications and should be rejected;

WHEREAS, Bear Construction provided a written response to the bid protest on February 25, 2022;

WHEREAS, Cato alleged that Bear’s submission of a copy rather than the original bid bond was not responsive to the specifications. However, the specifications do not require submission of the original bond. Cato further alleged that Bear did not properly specify the amount of the bond. The specifications require that the bond be at least 10% of the bid.

Bear’s bond states that the face amount of the bond is “ten percent of bid amount.” Additionally, staff independently verified the authenticity of the bond with the surety. The bond is properly executed and complies with the specifications in all respects;

WHEREAS, Cato also alleged that Bear did not list a sub -contractor for a specific portion of the work (painting of streetlights) and that Bear is not qualified to self -perform that work. Section 10 -1.25 of the project specifications call for upgrade of existing streetlights, including painting. Section 10 -1.25 also states that payment for that bid item

ATTACHMENT II

includes the painting work. Bear’s bid proposal clearly l isted subcontractor Bear Electrical as performing “Electrical” work for $57,840. The corresponding unit price on the bid sheet (line 14 Upgrade Existing Streetlight) shows the same amount $57,840. Based on this, Bear clearly intends Bear Electrical to per form the streetlight work, which includes the painting of the streetlight.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Hayward that the bid protest of Cato’s Paving General Engineering, Inc., is rejected.

BE IT FURTHER RESOLVED, that Bear Con struction, Inc., is the lowest responsive bidder whose bid complies with the specifications and is hereby awarded the construction contract for the Municipal Parking Lot 1 Improvement Project in the amount of $390,183.50, as specified in its bid. All other bids are hereby rejected.

BE IT FURTHER RESOLVED that a construction contingency change order budget of $172,816.50 is hereby approved.

BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the Director of Public Works is authorized to expend up to $ 600,000 for project design, construction, project administration, and contingency costs herein approved to complete the project.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Bear Construction, Inc., in the name of and for and on behalf of the City of Hayward, in a form to be 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:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

ATTACHMENT IV

ATTACHMENT V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-146
DATE: March 15, 2022
TO: Mayor and City Council
FROM: Director of Public Works
City Attorney

SUBJECT
Adopt a Resolution Approving Addendum Nos. 1, 2 and 3, Rejecting Two Non-Responsive Bids, Awarding a Contract to Golden Bay Construction, Inc., for Construction of Tract 8058 (Golden Oaks 2) Access and Utilities Improvements Project, Project No. 08058 in the Amount of $713,831, and Authorizing a Construction Contingency Budget in the Amount of $89,230 and Budget for Charges Related to Extension of PG&E Facilities in the Amount of $30,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving Addendum Nos. 1, 2, and 3 and awarding a contract to Golden Bay Construction, Inc., (GBC) for construction of Tract 8058 Access and Utilities Improvements in the Golden Oaks 2 Subdivision, in the amount of $713,831, and authorizing a construction contingency budget in the amount of $89,230 and a budget of $30,000 for charges related to extension of PG&E facilities to the subdivision.

SUMMARY
This project involves construction of specific subdivision improvements within Tract 8058 of the Golden Oaks 2 subdivision. Once completed, these improvements will allow the property owners within the tract to connect their homes to utility services and apply for certificates of occupancy. In February 2017, Ron Esau, the subdivider of Tract 8058 entered into a Subdivision Improvement Agreement with the City to construct improvements specified for the subdivision within 365 days of the agreement. The improvements remain incomplete as of this date. On January 25, 2022, Council authorized the Director of Public Works to pursue completion of the improvements in the open market pursuant to Hayward Municipal Code Section 2-8.01.

CEQA review was conducted as part of the original entitlement process for Tract 8058 (Golden Oaks 2) and the project was found to be categorically exempt from environmental review pursuant to Section 15332 of the CEQA Guidelines for infill development. ..End

ATTACHMENTS
CITY OF HAYWARD Printed on 3/10/2022Page 1 of 2
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File #:CONS 22-146
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 3/10/2022Page 2 of 2
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DATE: March 15, 2022

TO: Mayor and City Council

FROM: Director of Public Works
City Attorney

SUBJECT: Adopt a Resolution Approving Addendum Nos. 1, 2 and 3, Rejecting Two Non-Responsive Bids, Awarding a Contract to Golden Bay Construction, Inc., for Construction of Tract 8058 (Golden Oaks 2) Access and Utilities Improvements Project, Project No. 08058 in the Amount of $713,831, and Authorizing a Construction Contingency Budget in the Amount of $89,230 and Budget for Charges Related to Extension of PG&E Facilities in the Amount of $30,000

RECOMMENDATION

That the Council adopts a resolution (Attachment II) approving Addendum Nos. 1, 2, and 3 and awarding a contract to Golden Bay Construction, Inc., (GBC) for construction of Tract 8058 Access and Utilities Improvements in the Golden Oaks 2 Subdivision, in the amount of $713,831, and authorizing a construction contingency budget in the amount of $89,230 and a budget of $30,000 for charges related to extension of PG&E facilities to the subdivision.

SUMMARY

This project involves construction of specific subdivision improvements within Tract 8058 of the Golden Oaks 2 subdivision. Once completed, these improvements will allow the property owners within the tract to connect their homes to utility services and apply for certificates of occupancy. In February 2017, Ron Esau, the subdivider of Tract 8058 entered into a Subdivision Improvement Agreement with the City to construct improvements specified for the subdivision within 365 days of the agreement. The improvements remain incomplete as of this date. On January 25, 2022, Council authorized the Director of Public Works to pursue completion of the improvements in the open market pursuant to Hayward Municipal Code Section 2-8.01.

CEQA review was conducted as part of the original entitlement process for Tract 8058 (Golden Oaks 2) and the project was found to be categorically exempt from environmental review pursuant to Section 15332 of the CEQA Guidelines for infill development.

BACKGROUND

Pursuant to Council’s authorization, the Public Works & Utilities Department prepared construction bid documents and solicited bids for completion of the subdivision improvements directly on the open market for this project. Bids were received and opened on February 16, 2022. The City received six (6) bids for the project ranging from $592,954 to $969,975. Bids of Devaney Engineering, Inc., of San Francisco and Bridges Construction, Inc., of San Lorenzo omitted bid prices for a number of contract items and hence were deemed non-responsive bids. GBC of Hayward submitted the lowest responsible bid in the amount of $713,834, which is approximately 55% above the Engineer’s estimate of $460,000. High bid prices are generally due to work area restrictions created by new homes, which were built before completion of their utility services, surplus dirt deposits, and incomplete site grading. The Council previously authorized expenditure of funds for this project in an amount not to exceed $630,000; however, staff recommends proceeding with the award to GBC at this time. Staff also requests authorization of a 10% contingency budget in the amount of $89,230 to account for potential administrative change orders and construction contingency costs. Additionally, a budget of $30,000 is required for PG&E charges related to extension of PG&E facilities to serve the subdivision.

DISCUSSION

GBC and its listed two sub-contractors (St. Francis Electric of San Leandro and Hunt Masonry, Inc., of Concord) possess contractor’s licenses and experience required for successful completion of the contract improvements. The contract will entail construction of the following subdivision improvements:

a. Sanitary sewer extension to each lot in Tract 8058.
b. Natural gas, electricity, and telecommunication conduit extensions to lower three lots
c. Natural gas will be extended to upper two lots fronting on Hillcrest Avenue.

Electrical and telecommunication services to these lots will be from existing utility poles with underground conduits on each lot.
d. Drainage collection from each lot, treatment for pollution prevention, and disposal to existing drainage system on Hayward Boulevard through new storm drains on- site.
e. Common driveway extension from existing paved street to lower three lots. The upper two lots front on a public street (Hillcrest Ave). f. Removal and disposal of surplus dirt left on some lots and regrading as per the approved plans.
g. Lot owners will pay for and complete improvements required on their lots such as buildings, patios, landscaping, retaining walls, utility services, and laterals, etc.

On November 15, 20161, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for this project is less than $1,000,000, the CWA agreement does not apply.

CEQA review was conducted as part of the original entitlement process for Tract 8058 (Golden Oaks 2) and the project was found to be categorically exempt from environmental review pursuant to Section 15332 of the CEQA Guidelines for infill development.

ECONOMIC IMPACT

This project is not anticipated to have a significant economic impact on the City.

FISCAL IMPACT

The developer was required to post a cash deposit in the amount of $209,140.76 to secure performance of its obligations under the Subdivision Agreement. The remaining balance of the security deposit is $141,671.91. A combination of the remaining cash deposit and City funds will be used to finance construction of the improvements. The City Attorney’s Risk Fund will absorb the cost of construction in excess of the developer’s security, including construction contingency costs and PG&E charges. Public Works & Utilities staff charges of $121,350 are estimated for preparation of the construction bid documents, bid invitation, construction inspection and administration. These internal staff costs will be funded through the Public Works & Utilities Department existing General Fund budget. The City has the contractual right under the subdivision agreement to seek reimbursement from the subdivider. City staff will explore this option with Council at a later date.

The estimated costs for the project are as follows:

Construction Contract $713,831
Construction Contingency (10%) $ 89,230
PG&E Service Extension Charges $ 30,000
Bid Preparation, Construction Administration,
Inspection – City Staff (Estimated) $121,350
Total $954,441

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.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E- 4BE0929706A0&Options=&Search=

NEXT STEPS

The following schedule has been developed for this project

Award Construction Contract March 15, 2022
Notice to Proceed April 4, 2022
Construction Substantial Completion July 8, 2022

Prepared by: Mo Sharma, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Michael G. Vigilia, Senior Assistant City Attorney

Recommended by: Alex Ameri, Director of Public Works Michael S. Lawson, City Attorney

Approved by:

___________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member ________________

RESOLUTION APPROVING ADDENDUM NO S. 1 , 2 AND 3, A WARDING A CONTRACT TO GOLDEN BAY CONSTRUCTION, INC., FOR CONSTRUCTION OF TRACT 8058 ACCESS AND UTILITITIES IMPROVEMENTS IN THE GOLDEN OAKS 2 SU BDIVISION PROJECT, PROJECT NO. 08058 IN THE AMOUNT OF $713,831, AUTHORIZING A CONSTRUCTION CONTINGENCY BUDGET IN THE AMOUNT OF $89,230, AND AUTHORIZING A BUDGET OF $30,000 FOR

CHARGES RELATED TO EXTENSION OF PG&E FACILITIES TO THE

SUBDIVISION

WHEREAS, on October 2, 2014 the Hayward Plan ning Commission appr oved the tentative map for Tract 8058, a five- lot subdivision on an appr oximately 1.15 -acre site between Hayward Boulevard and Hillcrest Avenue; and

WHEREAS, in February 2017, as a condition of the approval, Ron Esau, the developer of the subdivision entered into a Subdivision Improvement A greement with the City of Hayward to construct specified improvements in and about th e subdivision within 365 days of the agreement; and

WHEREAS, the subdivision improvements remain incomplete; and

WHEREAS, on Januar y 25, 2022 the City Council ad opted Resolution No. 22 -028, which autho rized the Director of Public Works to complete specified subdivision improvements in Tract 8058 and to obtain a contractor in the open market; and

WHEREAS, the Public Works & Utilities Department solicited bids for completion of the subdivision improvements directly in the open market; and

WHERAS, the Public Work s & Utilities Department issued Addendum Nos. 1, 2 and No. 3 to make minor revisions to the bid plans and specifications; and

WHEREAS, on February 16, 2022 six (6) b ids were received ranging from $592,954 to $969,975, with Golden Bay Construction, Inc., of Hayward submitting the lowest responsible bid that complies with the specifications; and

WHEREAS, PG&E will impose charges for extension of its facilities to s erve the subdivision, which are not part of the construction contract costs and which are normally the responsibility of the subdivider to pay; and

WHEREAS, CEQA review was conducted as part of the original entitlement process for Tract 8058 (Golden Oaks 2) and the project was found to be ca tegorically exempt from environmental review pursuant to Section 15332 of the C EQA Gui delines for infill development; and

WHEREAS, the Public Wor ks & Utilities Department’ s current General Fund budget will absorb internal staff costs related to bid preparation, construction administration, and construction inspection; and

WHEREAS, the City Attorney Risk Fund will ab sorb the construction costs in excess of the su bdivider’s performance security, including con struction con tingency and PG&E charges related to extension of PG&E facilities to the subdivision.

NOW, THEREFORE, BE IT R ESOLVED, that the City Council approves Addendum Nos. 1, 2 and 3, which are hereby adopted as part of the plans and specif ications for the project.

BE IT FURTHER RESOLVED that Golden Bay Constructio n, Inc., of Hayward , is hereby awarded the contract f or construction of Tract 8058 Access and Utilities Improvements in the Golden Oaks 2 subdivision Project, Project No. 0 8058, in accordance with the plans and specifications adopted therefor and on file in the Public Works &Utilities Department, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute an agreement with Golden Bay Con struction, Inc., on b ehalf of the City of Hayward, in the amount of $713,831, in a form approved by the City Attorney.

BE IT FURTHER RESOLVED, that a construction contingency budget of $89,230 and a budget of $30,000 for charges related to extension of PG&E facilities to the subdivision is hereby approved.

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