City Council Packet 220419.pdf — Hayward City Council, April 19, 2022 (part 1 of 4)

Tuesday, April 19, 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
City Council Agenda April 19, 2022

SPECIAL JOINT CITY COUNCIL/HAYWARD HOUSING AUTHORITY BOARD

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:

1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.

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.

How to provide live Public Comment during the City Council Meeting:

Click link below to join the meeting:
https://hayward.zoom.us/j/89252957539?pwd=OTB4R1JiNWtSejFCWjNBU0tvTk90QT09 Meeting ID: 892 5295 7539
Passcode: Cc4/19@7pm
or
Dial: + +1 669 900 6833 or +1 346 248 7799 or 833 548 0282 (Toll Free) Meeting ID: 892 5295 7539
Password: 6905811484
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor/Chair Halliday
Pledge of Allegiance: Council/HHA Member Salinas

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
CITY OF HAYWARD Page 2 Tuesday, April 19, 2022
City Council Agenda April 19, 2022

PRESENTATIONS
National Crime Victims' Rights Week Proclamation
Fair Housing Month Proclamation
Earth Day Poster & Writing Contest Awards

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information Items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff.

CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.

ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.

CONSENT
Approve the City Council Minutes of the City Council Meeting on April 5, 2022

1. MIN 22-050
Attachments: Attachment I Draft Minutes of 4/5/2022
Adopt Resolutions Approving an Extension of the Citywide Community Workforce Agreement with the Building and
Construction Trades Council of Alameda County to December 6, 2022 and Authorizing the City Manager to Execute an
Amendment to the Agreement with Workforce Integrity and Training Solutions for Labor Compliance Coordination Services by $100,000 for a Total Not-to-Exceed Amount of $172,000

2. CONS 22-202
Attachments: Attachment I Staff Report
Attachment II Resolution CWA Extension Final
Attachment III Resolution WITS
CITY OF HAYWARD Page 3 Tuesday, April 19, 2022
City Council Agenda April 19, 2022
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mobile Modular (Formerly Design Space Modular) to Extend Rental of Modular Structures by an Additional 9-Months at a Cost of $53,500 for a
Not-to-Exceed Amount of $228,500 for the Temporary Fire Station 6

3. CONS 22-204
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., for Transportation Planning Services for Development of the City of Hayward's Local Road Safety Plan, Project 05738, in an Amount Not-To-Exceed $90,000

4. CONS 22-205
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Day Wireless Systems for Conversion of the Station Alerting System for all Fire Stations to Make All Systems Compatible with the System at the New Fire Station 6/Fire Training Center, in an Amount Not-To-Exceed $300,000

5. CONS 22-206
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions Authorizing the City Manager/Housing
Authority Executive Director to Execute a Second Amendment to the Disposition, Development, and Loan Agreement with Habitat for Humanity East Bay to Extend the Development Schedule for the Property Located at 123-197 A Street (A & Walnut/Sequoia Grove)

6. CONS 22-207
Attachments: Attachment I Staff Report
Attachment II City Resolution Agreement
Attachment III Housing Authority Resolution Agreement
Attachment IV Housing Authority Resolution Amended DDLA CITY OF HAYWARD Page 4 Tuesday, April 19, 2022
City Council Agenda April 19, 2022
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services
Agency for Fiscal Year 2022 Through 2023 and to Accept and Appropriate Between $350,000 and $450,000 in
Reimbursement for Medi-Cal Administrative Activity Services Provided by the City of Hayward

7. CONS 22-209
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Apply as Joint Applicant with EAH, Inc for the California State
Department of Housing and Community Development
California Housing Accelerator Program

8. CONS 22-211
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Income and Rent Limits
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Advocates for Human Potential, Inc. to Accept $389,260 in Grant Funding for the Behavioral Health Justice Intervention Services Project and Appropriate the Funds to the Federal Grants Special Revenue Fund for the Hayward
Evaluation and Response Teams Program

9. CONS 22-214
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Existing Professional Services Agreement with Federal Engineering to Expand the Scope of Work to Include Research Related to the Hayward Evaluation and
Response Team Program and to Increase the Contract Amount by $47,800, Not-To-Exceed $112,722

10. CONS 22-215
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Data Analysis Services SOW
CITY OF HAYWARD Page 5 Tuesday, April 19, 2022
City Council Agenda April 19, 2022
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Vegetation Management Contract for Specific City Owned and Maintained Properties with Joe’s Landscape and Concrete for a Total Not-to-Exceed Amount of $315,000

11. CONS 22-219
Attachments: Attachment I Staff Report
Attachment II Resoultion
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for a Trash Capture Device Installation on Cotter Way, Project No. 07675

12. CONS 22-220
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution to Execute a Side Letter Agreement
Amending the Memoranda of Understanding between the City of Hayward Local IAFF 1909 to Adjust the 56-Hour Work
Schedule

13. CONS 22-249
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter
CITY OF HAYWARD Page 6 Tuesday, April 19, 2022
City Council Agenda April 19, 2022

PUBLIC HEARING
Sale and Development of Parcel Group 5, Bunker Hill: Proposed Development of a New Residential Subdivision with 74 New Single-Family Homes and Eighteen Accessory Dwelling Units and Related Site Improvements Requiring: (1) Introduction of an Ordinance Approving the Zone Change to Planned
Development District, as well as Adoption of a Resolution Approving the Vesting Tentative Tract Map (8637), Application No. 202003054; and (2) Adoption of a Resolution Approving the Government Code Section 52201 Summary Report for the Project, and Authorizing the City Manager to Negotiate and Execute a Disposition and Development Agreement with
Trumark Properties, LLC for Transfer of Specified City Owned Properties, Consistent with Prior California Environmental Quality Act (CEQA) Determinations (Report from Assistant City Manager/Development Services Director Ott)

14. PH 22-021
Attachments: Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution Tentative Tract Map and CEQA
Attachment IV Resolution Summary Report & DDA
Attachment V Summary Report Parcel Group 5
Attachment VI Tentative Map Plans
Attachment VII Planned Development Plans
Attachment VIII Architectural Plans
Attachment IX Landscape Plans
Attachment X Alternative Affordable Housing Plan
Attachment XI Master Development Plan CEQA Addendum
Attachment XII CEQA Addendum Memo 01.15.21
Attachment XIII PG5 Local Transportation Analysis
Attachment XIV Technical Memo
Attachment XV Riparian Forest Grading Limits Sections
Attachment XVI 3/24/22 Planning Commission Minutes
CITY OF HAYWARD Page 7 Tuesday, April 19, 2022
City Council Agenda April 19, 2022
Rockaway Lane Width Realignment: Public Hearing Pursuant to Article 4, Chapter 10 of the Hayward Municipal Code and Introduction of an Ordinance to Amend the Precise Plan Line for Rockaway Lane from “A” Street to Russell Way, Reducing the Right-of-Way Width Requirement from 68 feet to 56 feet; Applicant/Owner: William Frankel, 22422 Rockaway LLC,
Application No. 202105041 (Report from Public Works
Director Ameri)

15. PH 22-022
Attachments: Attachment I Staff Report
Attachment II Ordinance Amending Precise Plan Line
Attachment III Resolution 22-060
Attachment IV Vicinity Map
Attachment V Applicant Request
Attachment VI Residential Street Standards
Attachment VII Existing Precise Plan Line
Attachment VIII Proposed Precise Plan Line
Attachment IX Route 238 Bypass Alignment

INFORMATIONAL ITEMS
Information items are presented as general information for Council and the public, and are not presented for discussion. Should Council wish to discuss or take action on any of the "information” items, they will direct the City Manager to bring them back at the next Council agenda as an Action Item.

CalPERS Pension Unfunded Accrued Liability (UAL) Update and Analysis of Restructuring Concepts

16. RPT 22-043
Attachments: Attachment I Staff Report

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).

CITY OF HAYWARD Page 8 Tuesday, April 19, 2022
City Council Agenda April 19, 2022

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, April 26, 2022, 7:00 PM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their remarks to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time. Speaker Cards are available from the City Clerk at the meeting.

PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.

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 Page 9 Tuesday, April 19, 2022
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-050
DATE: April 19, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on April 5, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of April 5, 2022.

SUMMARY
The City Council held a meeting on April 5, 2022.

ATTACHMENTS
Attachment I Draft Minutes of April 5, 2022
CITY OF HAYWARD Page 1 of 1 Printed on 4/15/2022
powered by Legistar™

The City Council meeting was called to order by Mayor Halliday at 7:00 p.m. The City Council held a hybrid meeting which included in-person and teleconference participation by members of the City Council, staff and public.

Pledge of Allegiance: Council Member Márquez

ROLL CALL

Present:

Council Chamber: Council Members Lamnin, Zermeño, and Mayor Halliday Virtual Platform (Zoom): Council Members Andrews, Márquez, Salinas, Wahab

Absent: None

CLOSED SESSION ANNOUNCEMENTS
The City Council convened in a special closed session on March 29, 2022, at 4:00 p.m., with all members present, regarding conference with legal counsel pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(1) regarding anticipated litigation. City Attorney Lawson announced there was no reportable action related to the item and the closed session adjourned at 5:15 p.m.

The City Council convened in closed session on April 5, 2022, at 5:30 p.m., with all members present, regarding the City Attorney’s annual performance evaluation pursuant to Government Code section 54957. Mayor Halliday announced there was no reportable action related to the item.

PRESENTATIONS
Mayor Halliday read a proclamation declaring the week of April 10 to 16, 2022, as National Public Safety Telecommunicators Week in the City of Hayward. Hayward Police Department Communications Manager DeOrian and Deputy Chief Matthews accepted the proclamation, and Manager DeOrian thanked the City Council for the recognition.

Council Member Márquez and Library Commission Council Liaison read a proclamation declaring the week of April 3 to 9, 2022, as National Library Week in the City of Hayward.

Library Commission Chair Patterson and Library Director Addleman accepted the proclamation, and Chair Patterson thanked the City Council and staff on behalf of the community.

Mayor Halliday read a proclamation declaring March 2022 as Art is Education Month and April 2022 as Arts, Culture and Creativity Month in Hayward. Ms. Winda Shimizu, Executive Director 2 | A p r i l 5 , 2 0 2 2
of the Hayward Arts Council, along with seven Board members, accepted the proclamation.

Ms. Shimizu thanked the City Council for the recognition.

Mayor Halliday presented a certificate of recognition to Ms. Germani A. Latchison in honor of her selection as the first-ever 2022 Hayward Youth Poet Laureate. Mayor Halliday presented a certificate of recognition to Ms. Papi Constantino, the 2nd place runner up, and recognized Ms.

Kyri Taylor, the 1st runner up (not in attendance), in the City of Hayward’s First Youth Poet Laureate Program. Poet Laureate Bruce Roberts read aloud his poem entitled, “Bookworms,” in celebration of National Library Week.

PUBLIC COMMENTS
Ms. Aileen Soullis, from Cal State East Bay, expressed she was pleased to have participated in the selection of the Hayward Youth Poet Laureate and congratulated the winners.

Council Member Lamnin mentioned two upcoming events on April 30, 2022: 1) the first Hayward Lit Hop in Hayward’s Heritage Plaza at 3:00 p.m., and (2) 2022 Hayward Youth Conference – Learning Today, Leading Tomorrow from 10:00 a.m. to 1:30 p.m.

Ms. Becky Bruno, Senior Meals Program Manager with Spectrum Community Services, thanked Mayor Halliday for the proclamation, March for Meals Month and Council Member Wahab for attending Champions Week at the Josephine Lum Lodge where she helped serve meals to seniors, and invited all to the Show Your Love 2022 fundraising event on May 7, 2022.

Council Member Wahab congratulated all recipients, praised the work done by Spectrum Community Services and asked the City to inform senior citizens of the meals available from Spectrum.

CITY MANAGER’S COMMENTS
City Manager McAdoo announced the City began delivering, on March 24, approximately 260,000 gallons daily of recycled water for irrigation and commercial uses at 30 park, school, and commercial sites, provided details about the project and noted the project would help meet mandated water reductions required during the drought.

CONSENT

1. Approve the City Council Minutes of the City Council Meeting on March 15, 2022 MIN 22-044
It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried unanimously, to approve the minutes of the City Council meeting on March 15, 2022.

2. Approve the City Council Minutes of the City Council Meeting on March 22, 2022 MIN 22-044
It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried unanimously, to approve the minutes of the City Council meeting on March 22, 2022.

3. Adopt an Ordinance of the City of Hayward Amending Chapter 4, Article 15 of the Hayward Municipal Code Relating to Social Nuisance and Specifically Including Fireworks CONS 22-190
Staff report submitted by City Clerk Lens, dated April 5, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the ordinance.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance 22-001, “Ordinance of the City of Hayward, California Amending Chapter 4, Article 15 of the Hayward Municipal Code Relating to Social Nuisance by Specifically Including Fireworks”

4. Adopt an Ordinance of the City of Hayward Amending Chapter 3, Article 3 of the Hayward Municipal Code Relating to Fireworks by Specifically Identifying Property Owners Accountable for Fireworks CONS 22-191
Staff report submitted by City Clerk Lens, dated April 5, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the ordinance.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
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Ordinance 22-002, “Ordinance of the City of Hayward, California Amending Chapter 3, Article 3 of the Hayward Municipal Code Relating to Fireworks by Specifically Identifying Property Owners Accountable for Fireworks”

5. 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 22-185
Staff report submitted by City Manager McAdoo and City Clerk Lens, dated April 5, 2022, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-074, “Resolution Making the Required Findings Pursuant to AB 361 to Continue to Hold Teleconferenced Public Meetings During the COVID 19 State of Emergency”

6. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Gray-Bowen-Scott for Transportation Engineering Services in the Amount of $80,000 for a Total Not-To-Exceed Amount of $150,000 and Extending the Date of the Agreement to September 30, 2022 CONS 22- 164
Staff report submitted by Director of Public Works Ameri, dated April 5, 2022, was filed.

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

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

Resolution 22-075, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement with Gary-Bowen-Scott for Transportation Engineering Services”

7. Adopt a Resolution Authorizing the City Manager to Transfer and Appropriate $147,719.25 in Abandoned Vehicle Abatement Revenue from the General Fund to the Fleet Capital Fund for the Purchase of Two Outfitted Ford Explorers for the Abandoned Vehicle Abatement Program CONS 22-182
Staff report submitted by Chief of Police Chaplin, dated April 5, 2022, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-076, “Authorization for the City Manager to Transfer and Appropriate $147,719.25 in Abandoned Vehicle Abatement Revenue from the General Fund to the Fleet Capital Fund for the Purchase of Two Outfitted Ford Explorers for the Abandoned Vehicle Abatement Program”

8. Adopt a Resolution of Intention to Vacate a Public Utilities Easement at 603 A Street and Setting the Date and Time of the Public Hearing CONS 22-184 Staff report submitted by Director of Public Works Ameri, dated April 5, 2022, was filed.

It was moved by Council Member Wahab, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution. 6 | A p r i l 5 , 2 0 2 2
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-077, “Resolution of Intention to Vacate a Public Utilities Easement at 603 A Street and Setting the Date and Time of the Public Hearing”

9. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $250,000 in Funding from the California State Library for Library Services Programs, and Superseding Resolution No. 19-046 CONS 22-186
Staff report submitted by Director of Library Services Addleman, dated April 5, 2022, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-078, “Authorize the City Manager to Accept and Appropriate up to $250,000 in Funding from the California State Library for Library Services Programs, and Supersede Resolution No. 19-046”

10. Adopt a Resolution Approving the FY 2023 Measure B/BB Annual Paratransit Program Plan and Authorizing the City Manager to Execute FY 2023 Service Agreements for the Continued Provision of Measure B/BB Funded Paratransit Services CONS 22-187 Staff report submitted by Community Services Manager Davis and Assistant City Manager Ott, dated April 5, 2022, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-079, “Resolution Authorizing the City Manager to Implement an Annual Paratransit Plan and Negotiate and
Execute all Documents Related to and in Support of Paratransit Activities Including the Administration of the Hayward Operated Paratransit Program”

WORK SESSION

11. Community Agency Funding: Fiscal Year 2023 Community Agency Funding Recommendations for Services, Arts & Music, and Economic Development and Infrastructure; and Overview of the FY 2023 Annual Action Plan and the City of Hayward Community Development Block Grant Citizen (CDBG) Participation Plan WS 22-007
Staff report submitted by Assistant City Manager Ott, dated April 5, 2022, was filed.

Development Services Director Ott introduced Community Services Manager Davis and Management Analyst Lee who provided an overview of FY 2023 Annual Action Plan, City of Hayward Community Development Block Grant (CDBG) Citizen Participation Plan updates and FY 2023 Community Agency Funding process. It was noted that the Community Agency Funding recommendations would be separated into two sections: I) General Fund/American Rescue Plan Act (ARPA) (Arts and Music and Services) and II) CDBG (Public Services and Economic Development & Infrastructure).

Community Services Manager Davis and Management Analyst Lee provided an overview of General Fund/American Rescue Plan Act (ARPA) (Arts and Music and Services) funding recommendations.

Mayor Halliday opened the public comment section at 8:05 p.m. to allow for comments on the Annual Action Plan, Citizen Participation Pan, and FY 2023 Arts & Music and Services (General Fund/ARPA) funding recommendations.
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Ms. Heather Reyes, Hayward Arts Council President, was pleased with changes in the recommendations for funding, expressed she was not in agreement with seeing arts grouped together with special events, and spoke in favor of prioritizing funds for arts.

Ms. Suzanne Philis, Hayward Arts Council Board member, commented that art was a way for all community members to come together, and urged keeping the funds for arts and events separate.

Mr. Gerald Thompson, Hayward Arts Council Board member, asked the Council to increase the Arts & Music annual funding allocation to $150,000 to adequately serve the needs of the community.

Ms. Carol Morgan, East Bay Youth Orchestra representative, thanked the Council for funding the agency over the years, and urged continued funding for music.

Ms. Arti Garg, Community Services Commission (CSC) Vice Chair, thanked the Council for reviewing CSC recommendations, and noted the demand for services funding has been outpacing funding availability.

Ms. Artavia Berry, Community Services Commission Chair, expressed the great need to expand the pot of available funds for growing social service and other needs in Hayward.

Mayor Halliday closed the public comments section at 8:21 p.m.

Members of the City Council thanked City staff and members of the Community Services Commission for their work relating to funding recommendations.

Discussion ensued among members of the City Council and City staff regarding the following: process for clarifying which organizations serve Hayward residents; Family Education Program (Library Program) and funding source (Community Agency Funding vs.

General Fund); cannabis tax savings; FY 2022 available funding for arts and music; legal services funding; the new Mercy Brown Bag program; Crisis Support Services of Alameda County agency; social service awards infused with ARPA funding; Newcomer Navigation Center project for undocumented immigrant youth; clearinghouse of grants for agency funding such as for addressing human trafficking; staff’s technical assistance for supporting agencies to be in CDBG category.

Members of the City Council provided the following recommendations: include the Library tutoring program in the budget discussion; provide details on how Blues Society funds for the Russell City Blues Festival were spent; continue the dialogue for funding arts & music, culture and special events; engage the Hayward Local Agency Committee (HLAC) and other community partners in discussion about arts to leverage different funds; consider prioritizing arts and removing them from events or setting a protected amount of funds for arts; consider partnering with the Hayward Chamber of Commerce to host and sponsor events; evaluate reprioritizing the use of City resources supporting for-profit events; evaluate programs that provide similar services to ensure there is not redundancy in service delivery; provide more detailed data from 2-1-1 reports related to Hayward calls; encourage public participation in funding process; explore how to incorporate public art as

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/88691129303?pwd=MkFVNFNjRmVzNmUrb2pVcmhWTTk1UT09 Tuesday, April 5, 2022, 7:00 p.m.
a blight mitigation tool and give people a sense of place; explore how to expand cannabis funds and perhaps sooner than reaching the 1 million mark; evaluate reallocating funding to the appropriate source; reimagine economic development; think about public art parallel to economic development; consider an Art and Culture Commission to promote the diversity of cultures so the Community Services Commission can focus on CDBG and social service funding.

Council Members Salinas and Zermeño recused themselves for the remainder of the work session due to service on the St. Rose Hospital Foundation Board. Council Member Zermeño left the Council Chamber and Council Member Salinas disconnected from the Zoom webinar.

Management Analyst Lee provided a synopsis of Section II of the Community Agency Funding recommendations, CDBG (Public Services and Economic Development & Infrastructure).

There being no comments on this segment of funding, Mayor Halliday opened and closed the public comment section at 9:24 p.m.

Members of the City Council reiterated their appreciation for staff and the work done by members of the Community Services Commission. Council Member Andrews urged community members to donate to organizations seeking funding.

Staff noted the public hearing on CDBG funding allocations for FY 2023 would be held during the April 26, 2022, Council meeting.

Following the conclusion of the work session, Council Member Salinas rejoined the Council meeting on Zoom.

12. Solid Waste and Recycling Franchise Agreement: Update on Negotiations WS 22-008 Staff report submitted by Director of Public Works Ameri, dated April 5, 2022, was filed.

Public Works Director Ameri announced the item and introduced Solid Waste Program Manager Krump who provided a synopsis of the staff report.

There were no public comments for the item.

Members of the City Council thanked City staff for work related to the franchise agreement with Waste Management of Alameda County (WMAC), Senate Bill 1383 (Cart and Bin Requirements) and (Organics Procurement).
10 | A p r i l 5 , 2 0 2 2
Discussion ensued among members of the City Council and City staff regarding: the main function of the Main Street office of Waste Management and the potential for that to close permanently, following its closure over the past two years; Waste Management’s public education; bulk pickup service; tracking illegal dumping; potential of device for customers to pay their bills on site at City Hall; adding to the stickers on new bins with information about bulk pick-up service; addition of Electric Vehicle (EV) trucks in the future; and, street cleaning and pavement maintenance required.

Some members of the City Council expressed support for Option 1B (customers do not see an increase until March 1, 2023 but would see a franchise rate adjustment at that time) regarding a new rate schedule for solid waste and recycling services.

COUNCIL REPORTS AND ANNOUNCEMENTS
There were none.

COUNCIL REFERRALS
There were none.

ADJOURNMENT
Mayor Halliday adjourned the meeting at 10:06 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 #: CONS 22-202
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions Approving an Extension of the Citywide Community Workforce Agreement with the Building and Construction Trades Council of Alameda County to December 6, 2022 and Authorizing the City Manager to Execute an Amendment to the Agreement with Workforce Integrity and Training Solutions for Labor Compliance Coordination Services by $100,000 for a Total Not-to-Exceed Amount of $172,000

RECOMMENDATION
That Council adopts 1) a resolution (Attachment II) authorizing the City Manager to execute an extension to the Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC) to December 6, 2022, and 2) a resolution (Attachment III) authorizing the City Manager to execute an amendment to the agreement with Workforce Integrity and Training Solutions (WITS) by increasing the agreement amount by $100,000 for a total not-to-exceed amount of $172,000.

SUMMARY
Staff is recommending Council approve an extension of the existing CWA with the BTC through December 6, 2022 to provide time for Council to provide input on a new agreement and subsequent negotiations with the BTC. Staff is also recommending that Council approve an amendment to the agreement with WITS by increasing the amount by $100,000, for continued labor compliance coordination services and other efforts related to administering the CWA.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution CWA Extension
Attachment III Resolution WITS
CITY OF HAYWARD Page 1 of 1 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of PublicWorks
SUBJECT: Adopt Resolutions Approving an Extension of the Citywide Community Workforce Agreement with the Building and Construction Trades Council of Alameda County to December 6, 2022 and Authorizing the City Manager to Execute an Amendment to the Agreement with Workforce Integrity and Training Solutions for Labor Compliance Coordination Services by $100,000 for a Total Not-to-Exceed Amount of $172,000

BACKGROUND
Over the years, CWAs have been utilized in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. CWAs are a type of collective pre-hire bargaining agreement between project managers or owners and organized labor that outline a variety of employment and other working conditions with the express purpose of providing peaceful settlement of labor disputes and grievances without work stoppages, strikes, or lockouts; thereby allowing for the timely and cost-effective completion of projects. It is noteworthy that

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there has never been a work stoppage or strike on any City projects in recent history.

In April 2015, Council directed staff to negotiate and execute a CWA with the BTC for the new main library. That agreement includes the following types of provisions:
 Requires that the contractor and subcontractors on the project use local union hiring halls to hire trades workers for the projects;
 “Local Hire” provisions, encouraging the contractor to employ Hayward residents or Hayward Unified School District graduates;
 Requires that all hired workers pay union dues and receive other benefit trust fund contributions;
 Management rights regarding employment procedures, including hiring, discipline, etc.;
 Grievance and arbitration procedures to allow for timely resolution of disputes;  Standardized work rules and regulations; and
 Provisions governing requirements around apprenticeships.

At Council’s direction, staff brought forward an item on February 23, 2016 that allowed for the discussion of creating a “Citywide” CWA that could apply to a broader scope of projects within the community. Staff received policy direction from Council at that meeting regarding how a Citywide CWA might be structured. Subsequently, staff negotiated a CWA with the BTC, which included an effective date of July 6, 2017. Below is a summary of the key elements of the final negotiated CWA:
1) The Citywide CWA only applies to City projects where the construction cost of the project exceeds one million dollars ($1,000,000) based on the Engineer’s Estimate. 2) The Citywide CWA does not apply to private development projects or to projects awarded/managed by another third-party public agency where the City has contributed funding.
3) The City retains the ability to exempt certain specialty or unique projects from the CWA requirements as needed and upon approval by Council. Staff and the BTC would first meet in good faith to discuss the exemption. However, if the parties fail to reach a consensus, staff would be able to bring the project to Council for review and consideration.
4) During the duration of the Projects, the Union(s) and its members, agents, representatives and employees shall not incite, encourage, condone, or participate in any strike, walkout, slowdown, sit-down, stay-in, boycott, wobble, sympathy strike, picketing or other work stoppage or handbilling of any nature whatsoever, for any cause whatsoever (including jurisdictional disputes), and it is expressly agreed that any such action is a violation of the agreement.

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5) A Joint Administrative Committee (JAC) comprised of two City representatives, two Union representatives, and one construction industry representative was established to review the implementation of the agreement and the progress of the projects. The JAC has the responsibility of monitoring the local hire and apprentice provisions of the agreement.
6) The agreement contains a goal that Hayward residents, and especially HUSD graduates, will perform a minimum of thirty (30%) percent of the hours worked on a craft-by-craft basis on the covered projects. Contractors shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre- apprenticeship/internship program for HUSD graduates. If a Contractor fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied. Acceptable remedies include commitment to employ Hayward residents on non-City projects or acceptance of Hayward residents as new apprentices.

Contractors will be required under the agreement to hire one Hayward resident as a New Apprentice for the first one million dollars ($1,000,000) of construction costs with one additional apprentice for every $5 million dollars ($5,000,000) thereafter and with an assignment of a maximum of two New Apprentices to any one craft. A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice.

The BTC has also agreed to facilitate and encourage enrollment of least ten (10) Hayward residents or HUSD graduates into State approved Labor-Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.

DISCUSSION
The City’s CWA with the BTC expired on July 6, 2020, three years from the original effective date. On January 26, 2021, Council approved a one-year extension plus a six-month extension to December 6, 2021. Staff continued to implement the terms of the expired CWA between December 2021 to the present date. Staff is requesting that Council approve an extension of the CWA to December 6, 2022 to allow time for City staff and the BTC to discuss any modifications and potentially draft a new CWA for Council’s review and feedback. This extension will also allow time for staff to prepare an analysis of the current CWA, which would be presented to Council at a work session prior to negotiating a successor CWA. This work session would also provide Council with an opportunity for input into the terms of the successor CWA. Staff would subsequently incorporate Council’s comments and direction and return with a new CWA for consideration.

Administration of the CWA requires staff resources. Staff’s concern related to the CWA is the administrative burden on City project managers for implementing and monitoring the agreement. A staff position was created to implement and monitor the CWA; however, the

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staff position is vacant. A RFP was solicited for CWA administration. An agreement in the amount of $72,000 with WITS was entered in 2020. WITS is experienced in this area and has administered three major projects – Fire Station 6/Fire Training Center, the Water Pollution Control Facility Headworks Rehabilitation, and FY21 Pavement Rehabilitation. WITS will continue administration of the CWA through the completion of these projects and any new projects that are subject to the CWA. Staff recommends an amendment to the agreement with WITS to increase the amount by $100,000 for continued services with labor compliance coordination and other efforts related to administering the CWA.

Environmental Review
Staff has determined that this action is statutorily exempt from environmental analysis under the California Environmental Quality Act (CEQA) for the reason that it is not a project. CEQA Guidelines, Section 15378(b)(5), states that a project does not include "Organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” CEQA review will be completed separately for individual Public Works’ projects subject to the Citywide CWA.

ECONOMIC AND FISCAL IMPACT
There has been much debate over the years regarding the fiscal impacts of CWAs and potential benefits (i.e., smoother management/labor relationships, increased local hiring, and improved pay and benefits to workers over and above that of a prevailing wage job).

Prior staff reports to Council have provided detail regarding project cost implications.

STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the Council’s six Strategic Priorities

SUSTAINABILITY FEATURES
The action taken for this agenda report will not result in physical development, purchase or service, or a new policy or legislation. Any physical work will depend upon future Council action.

NEXT STEPS
If approved, following Council action, the City Manager will prepare and execute the extension of the existing CWA with the BTC and commence discussions with the BTC on a new updated CWA for future Council consideration. Also, if Council approves the resolution to amend the agreement with WITS, staff will route the amendment to be executed by the City Manager, allowing the firm to continue to provide CWA administration services.

Prepared by: Dave Hung, Senior Engineer
Kathy Garcia, Deputy Director of Public Works

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Recommended by: Alex Ameri, Director of Public Works
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member

RESOLUTION APPROVING AN EXTENSION OF THE CITYWIDE COMMUNITY

WORKFORCE AGREEMENT WITH THE BUILDING AND CONSTRUCTION
TRADES COUNCIL OF ALAMEDA COUNTY TO DECEMBER 6, 2022
WHEREAS, the City Council has expressed a strong desire to ensure labor peace during the construction of City public works projects; and WHEREAS, the City Council has long been a solid supporter of labor rights, fair wages, and the creation of quality jobs in the community; and WHEREAS, charter cities, like Hayward, have much more latitude to establish local bidding criteria to address other legitimate municipal concerns, such as to promote the hiring of local residents or the support of local business where possible; and WHEREAS, the City Council over the last few years has expressed interest in being even more proactive regarding assuring quality wages on all City construction projects, supporting and procuring from local businesses, and protecting and increasing quality jobs for local residents; and
WHEREAS, the City and the Alameda County Building Trades Council have executed a citywide Community Workforce Agreement that expired on July 6, 2020; and WHEREAS, by Resolution No. 21-013 on January 26, 2021 the citywide Community Workforce Agreement was extended to July 6, 2021, with an option for one six-month extension to December 6, 2021; and
WHEREAS, staff continues to implement the terms of the expired CWA between December 2021 to the present date ; and
WHEREAS, staff requests extension of the current terms of the CWA to December 6, 2022 to allow time for City staff and the BTC to discuss any modifications and potentially draft a new CWA for Council’s review and feedback.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby approves an extension of the citywide Community Workforce Agreement to December 6, 2022.

ATTACHMENT II

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BE IT FURTHER RESOLVED, that the City Manager is authorized to execute any documents necessary to finalize and effectuate the extension of the 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: COUNCILMEMBERS:

ATTEST:

City Clerk of the City of Hayward
APPROVED AS TO FORM:

City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE AGREEMENT WITH WORKFORCE INTEGRITY AND

TRAINING SOLUTIONS FOR LABOR COMPLIANCE COORDINATION SERVICES BY $100,000 FOR A NOT-TO-EXCEED AMOUNT OF $172,000 RELATED TO

THE CITYWIDE COMMUNITY WORKFORCE AGREEMENT
WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 27th day of January 2021, entitled “Agreement For Professional On-Call Services Between The City Of Hayward And Workforce Integrity And Training Solutions (WITS) For Consulting Services For Community Workforce Agreement Oversight” in the amount of $72,000; and
WHEREAS, the City and Workforce Integrity and Training Solutions desire to amend the Agreement in certain respects to provide additional services related to the administration of the citywide CWA.

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 Workforce Integrity and Training Solutions for additional CWA administration services in an amount not-to-exceed $100,000, thereby increasing the total contract amount to a total not-to-exceed $172,000 associated with the citywide CWA, in a form approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTACHMENT III

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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 22-204
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mobile Modular (Formerly Design Space Modular) to Extend Rental of Modular Structures by an Additional 9-Months at a Cost of $53,500 for a Not-to-Exceed Amount of $228,500 for the Temporary Fire Station 6

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the agreement with Mobile Modular (formerly Design Space Modular) to extend the rental of two modular office structures for an additional nine months at a cost of $53,500, increasing the total contract amount to a not-to-exceed amount of $228,500 for the temporary Fire Station 6 (FS6).

SUMMARY
After the demolition of the old FS6 and Fire Training Center Project (FTC) and for the duration of construction of the new FS6/FTC, the temporary FS6 required housing for station personnel. Modular office structures are utilized for the temporary Fire Station 6 (FS6) needed during the construction of the new FS6 and FTC via a rental agreement with Mobile Modular. The rental agreement amount with Mobile Modular will soon be exhausted. The rental of the modular structures will be needed until the construction of the new FS6 is completed and can be occupied. Staff recommends an amendment with Mobile Modular to increase the agreement amount by $53,500.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Mobile Modular (Formerly Design Space Modular) to Extend Rental of Modular Structures by an Additional 9-Months at a Cost of $53,500 for a Not-to-Exceed Amount of $228,500 for the Temporary Fire Station 6 RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the agreement with Mobile Modular (formerly Design Space Modular) to extend the rental of two modular office structures for an additional nine months at a cost of $53,500, increasing the total contract amount to a not-to-exceed amount of $228,500 for the temporary Fire Station 6 (FS6).

The rental of the modular structures will be needed until the construction of the new FS6 is completed and can be occupied. Staff recommends an amendment with Mobile Modular to increase the agreement amount by $53,500.

BACKGROUND
To keep FS6 operational after the demolition of the old FS6 and for the duration of construction of the new FS6 and FTC, the temporary station located at the northeast corner of West Winton Avenue and Tuskegee Airmen Drive needed to be established. This included rental of two temporary modular structures to house the fire station personnel. On January 22, 2019, Council adopted a resolution authorizing the City Manager to execute a rental agreement with Design Space Modular Buildings in an amount not-to-exceed $175,000 for a 22-month term.

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DISCUSSION
The rental agreement for the modular structures was initially with Design Space Modular Buildings. Design Space Modular has since been acquired by Mobile Modular. In March 2019, the modular structures arrived at the FS6 to prepare the temporary station for occupancy.

Fire station personnel moved into the temporary station in June 2019 and will continue to use the modular structures until the construction of the new FS6 is completed and ready to be occupied. The current construction schedule estimates substantial completion of the project in December 2022.

The remaining amount in the rental agreement will soon be depleted. An amendment to the agreement with Mobile Modular is needed for the remainder of the rental time, as well as fees for returning the modular structures. Staff recommends an amendment to the agreement with Mobile Modular to increase the agreement amount by $53,500 for a total contract amount of not-to-exceed $228,500.

ECONOMIC IMPACT
Completion of the FS6/FTC project will add classrooms, spaces for training and use by others, which may result in positive economic benefits for businesses around the area.

FISCAL IMPACT
The total estimated project cost is $70.9 million. As of FY 2022, Council has authorized the appropriation of $66.7 million. The remaining $4.2 million will be considered for approval and appropriation as part of the FY 2023 CIP budget process.

The estimated project cost at the time of award are as follows:

Construction Contract $52,397,000
Construction Contingency (ACO) $5,239,700
Consultant Design $5,000,000
Construction Management Administration $4,000,000
Inspector of Record Service & Special Testing $1,500,000 Demolition of old Fire Station and FTC $425,000
Temporary Housing $500,000
Permit & Utility Fees $940,000
Fixture, Furniture & Equipment $600,000
Staff Construction Administration $300,000
Total $70,901,700
The above line item, Temporary Housing, includes the agreement with Design Space Modular/Mobile Modular among other costs related to temporary housing. To date, the temporary housing total is $583,050. Staff recommends funding the new amendment amount of $53,500 through use of Construction Contingency funds. To date, $1,967,346 of the $5,239,700 construction contingency has been expended.

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Construction contingency, construction administration, inspector of record service, special testing, permit & utilities fees, fixture, furniture & equipment are estimated amounts and may change. If additional funding will be needed, staff will seek Council approval.

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

Project 12: Construct the Fire Station and FTC

SUSTAINABILITY FEATURES
This project incorporates sustainability features as they relate to water, energy, and the environment. Additionally, the proposed buildings will be designed to meet Leadership in Energy and Environmental Design (LEED) Silver, or better.

PUBLIC CONTACT
No public contact was made for this item.

NEXT STEPS
If Council approves the resolution, staff will route the agreement amendment to be executed by the City Manager.

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

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE AGREEMENT WITH MOBILE MODULAR (FORMERLY

DESIGN SPACE MODULAR) TO EXTEND RENTAL OF MODULAR
STRUCTURES BY AN ADDITIONAL 9 MONTHS AT A COST OF $53,500 FOR A NOT-TO-EXCEED AMOUNT OF $228,500 FOR THE TEMPORARY FIRE STATION 6
WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 7th day of February, 2019, entitled “Lease Agreement No. V002766 and V002767” in the amount of $175,000; and
WHEREAS, the City and Mobile Modular desire to amend the Agreement in certain respects to provide additional rental time and returning fees.

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 Mobile Modular, in a form approved by the City Attorney, for additional rental time and return fees in an amount not-to-exceed $53,500, thereby increasing the total contract amount to a total not-to-exceed $228,500 associated with the temporary Fire Station 6.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

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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 22-205
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., for Transportation Planning Services for Development of the City of Hayward’s Local Road Safety Plan, Project 05738, in an Amount Not-To-Exceed $90,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Kittelson & Associates, Inc., (Kittelson) for transportation planning services for development of the City of Hayward’s Local Road Safety Plan (LRSP), Project 05738, in an amount not-to-exceed $90,000.

SUMMARY
Staff applied for and was awarded a grant to fund the development of a Citywide LRSP. The grant awarded by State of California, Department of Transportation (Caltrans) will fund up to 90% of the project costs. The City will match 10% of the funds utilizing the Transportation Improvement Fund (Fund 460) in the amount of $10,000.

Through the LRSP, the City will align with the strategic vision of Caltrans to provide a safe transportation system for all users. The City’s LRSP will utilize a data-driven approach for achieving safer streets. It will identify stakeholders, use safety data to identify safety issues, choose proven solutions, identify the implementation process, and support future safety investments. Starting in April 2022, local agencies will be required to have a LRSP to receive Highway Safety Improvement Program (HSIP) funding.

Staff is committed to improving transportation safety and to reduce the risk of fatality and injury from accidents throughout the City. As such, after consultation with the City’s Grant Committee, staff applied to the 2021 LRSP Grant Program administered through Caltrans’ Division of Local Assistance. This project serves as a critical step in the effort to provide safer streets for our community and secure future funding from Caltrans.

CITY OF HAYWARD Page 1 of 2 Printed on 4/15/2022
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File #: CONS 22-205

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 2 of 2 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kittelson & Associates, Inc., for Transportation Planning Services for Development of the City of Hayward’s Local Road Safety Plan, Project 05738, in an Amount Not-To-Exceed $90,000

BACKGROUND
Federal regulations require each State have a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide data-driven traffic safety plan that coordinates the efforts of a wide

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range of organizations to reduce traffic accident fatalities and serious injuries on all public roads. While the SHSP is used as a statewide approach for improving roadway safety, a LRSP can be a means for providing local and rural road owners with an opportunity to address unique safety needs in their jurisdictions while contributing to the success of the SHSP.

The process of preparing a LRSP creates a framework to systematically identify and analyze safety problems and recommend safety improvements. Preparing a LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. Starting in April 2022, local agencies will be required to have a LRSP to receive HSIP funding.

After consultation with the City’s Grant Committee, staff applied to the 2021 LRSP Grant Program administered through Caltrans’ Division of Local Assistance. The grant awarded by Caltrans will cover up to 90% of the project costs in the amount of $90,000. The City will match 10% of the project cost (approximately $10,000) utilizing the Transportation Improvement Fund (Fund 460).

On October 19, 20211, Council adopted a resolution to accept and execute a funding agreement with Caltrans for the development of the City’s LRSP Project. This project serves as a critical step in the effort to provide safer streets for our community and secure future funding from Caltrans.

DISCUSSION
The Hayward 2040 General Plan addresses seven mandatory elements, which includes Community Safety and Mobility. This can be achieved by ensuring a safe and sustainable transportation system for all motorized and non-motorized users on all public streets in the City. The City adopted the Complete Streets goal to provide streets that balance the diverse needs of all users of the public right-of-way. To do so, staff proposes to develop a Citywide LRSP, which would provide the framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local roads.

The City’s LRSP will utilize a data-driven approach for achieving safer streets. It would provide a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads. The process of developing a LRSP can be tailored to local protocols, needs, and issues.

Staff posted a Request for Proposals (RFP) on the City’s website and sent notification emails to the consultants known to be at the forefront of critical subject areas. The RFP was released on January 18, 2022. Inquiries regarding the RFP were due by noon on January 24, 2022, and proposals were due by February 11, 2022. The City received six proposals from Advanced Mobility Group (AMG), DKS Associates, Kimley-Horn, Kittelson & Associates, Inc., (Kittelson), Minagar & Associates, Inc., and TJKM.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5186195&GUID=98601752-F5A0-465E-86BFC5B0B0E2EE18&Options=&Search=

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A panel of four members, consisting of the City’s Senior Transportation Engineer, Associate Transportation Engineer, Associate Transportation Planner, and Deputy Director of Public Works, independently scored each proposal. The Panel selected the final candidate based on their ability to perform the work; the proposed budget and schedule; and demonstrated relevant experience and ability to communicate and work effectively with the public and staff. The evaluation panel unanimously determined Kittelson to be the most suitable consultant to prepare a LRSP.

Kittelson will assist staff in developing the City’s LRSP, which will follow a process that is tailored to the community’s needs and issues. The initial task will begin with safety data analysis, including stakeholder engagement, and result in the selection of emphasis areas.

They will then assist in determining the appropriateness and feasibility of engineering recommendations to local context as part of the LRSP. The final LRSP, including goals, emphasis areas, high-priority locations, improvements, and strategies to implement a roadway safety management process, and to improve local road safety in the City. The plan will also include maps, charts, photos, and graphs to illustrate findings and recommendations. The process will further help staff prioritize future safety improvements on local streets.

Moreover, Kittelson will work with staff to identify and prepare up to two (2) HSIP grant applications for the upcoming HSIP Cycle 11. Kittelson will prepare materials necessary for the applications, including project concepts, cost estimates and maps, and provide all supporting documentation and materials.

ECONOMIC IMPACT
The development of the LRSP will provide a prioritized list of safety improvements and actions that demonstrate a defined need. This will directly lead to more successful funding awards from state and federal grant programs.

The LRSP will increase the pedestrian safety and foster economic vitality by creating dynamic, connected communities with a high quality of life that helps support small business development and increases property values and employment.

FISCAL IMPACT
This item will be funded through the adopted budget for the LRSP project within the Transportation Improvement Fund (Fund 460). The grant funding is provided by Caltrans and will reimburse 90% of the project costs.

Adopted Project Budget $100,000
Grant Funding (Reimbursement to Fund) $90,000
City Local Match $10,000

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STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Improve Infrastructure.

Specifically, this item relates to the implementation of the following project(s):

Project 2, Part 2c. Complete Tennyson Road Feasibility Study Project 2, Part 2e. D Street Traffic Calming Plan Feasibility Study Project 4, all Parts Increase transit options, and ridership Project 6, all Parts Develop a micro-mobility policy (eBikes, eScooters) Project 8, all Parts Implement the Bike & Ped Master Plan

SUSTAINABILITY FEATURES
The action taken for this agenda report will result in supporting mobility goals established as part of the City’s 2040 General Plan, providing for a balanced multi-modal system of transportation facilities and services in the City.

PUBLIC CONTACT
No public contact has been made related to this agenda item. If Council approves this request, staff will begin plan development, which will include public outreach meetings.

NEXT STEPS
If Council approves this request, the City Manager will execute a professional services agreement with Kittelson, and staff will commence the project. Initial plan development steps are tentatively scheduled to be presented to the Council Infrastructure Committee in August 2022.

Prepared by: Dr. Ayeh Khajouei, Associate Transportation Planner Kathy Garcia, Interim Transportation Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________
Kelly McAdoo, City Manager

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ATTACHMENT I

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH KITTELSON & ASSOCIATES, INC., FOR TRANSPORTATION PLANNING SERVICES FOR THE LOCAL ROAD SAFETY PLAN, PROJECT 05738, IN AN AMOUNT NOT-TO-EXCEED $90,000 WHEREAS, the Caltrans’ Division of Local Assistance awarded the City of Hayward (City) a $90,000 grant for the Local Road Safety Plan (LRSP) project; and WHEREAS, the project has an appropriated budget of $100,000, with the10% localmatch requirement in the Transportation System Improvement Fund (Fund 460), through the Fiscal Year 2021-2022 budget process; and
WHEREAS, the LRSP will provide the framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local roads; and WHEREAS, a Request for Proposals for the LRSP project was released on January 18, 2022, and the City received six proposals; and
WHEREAS, an evaluation panel of Public Works staff unanimously determined Kittelson to be the most suitable consultant to prepare a LRSP.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Haywardthat the City Manager is authorized to execute a professional services agreement with Kittelson & Associates, Inc., for transportation planning services for the LSRP project in an amount not-to-exceed $90,000, 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:

Page 2 of 2 ends

ATTACHMENT I
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 22-206
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Day Wireless Systems for Conversion of the Station Alerting System for all Fire Stations to Make All Systems Compatible with the System at the New Fire Station 6/Fire Training Center, in an Amount Not-To-Exceed $300,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with Day Wireless Systems (Day Wireless) for the conversion of the fire station alerting system for all fire stations to make all systems compatible with the system at the new Fire Station 6/Fire Training Center (FS6/FTC) in an amount not-to-exceed $300,000.

SUMMARY
The construction of the new FS6/FTC includes a new station alerting system by Locution Systems, Inc., (Locution). The current fire station alerting system at all fire stations is a custom designed and built system. In order for the Locution station alerting system to work at FS6, all other fire stations will need to be converted to the Locution system. This agreement is for Day Wireless to install the necessary Locution equipment at all other fire stations.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Day Wireless Systems for Conversion of the Station Alerting System for all Fire Stations to Make All Systems Compatible with the System at the New Fire Station 6/Fire Training Center, in an Amount Not-To-Exceed $300,000

BACKGROUND
During the design phase of the new FS6, an opportunity arose to update the fire station (also referred to as “the station”) alerting system to the Locution System, a system that is more widely used by emergency service agencies due to the upgraded services provided. The alerting system provided by Locution fixes problems with current alerting systems, such as the inability to alert multiple units/stations simultaneously during a call for service without disconnecting the distressed callers, unclear dispatches, and more. The upgraded system will reduce the response times for emergency responders by enabling fire crews to be dispatched to the address of a known emergency simultaneously, as information is being received by Hayward Dispatchers. Most importantly, however, the Locution station alerting system is compatible with the New World CAD software, currently used by both the Hayward Fire and Police Departments. All other alerting systems that are available would have to build and integrate a new program to enable compatibility with New World CAD. For this reason, on January 22, 2019, the City Council approved a sole source justification for the use of Locution fire alerting systems at the Hayward Fire Department.

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Following the sole source justification approval, the City entered into a construction contract with Locution Systems, Inc., for the installment of Location alerting systems at the FS6.

Because FS6 is now equipped with the Locution alerting system, all other fire stations must upgrade to that system, as well, for compatibility purposes.

For this reason, the City has already purchased the Locution alerting system equipment necessary for installment at each of the eight (8) fire stations, via use of a purchase order, meaning the remaining step is to get the equipment installed at all eight (8) fire stations.

DISCUSSION
On September 29, 2021, the City of Hayward submitted a Request for Proposals for installation services and received two proposals back. The City received a proposal from Day Wireless, on March 8, 2022. Day Wireless Systems, a DBA of Day Management Corporation, is a premier provider of wireless solutions and the installation and support of systems for government, public safety, healthcare, commercial and education customers. The proposal received by the City of Hayward indicated that, if selected, Day Wireless would install, optimize, and test the system via use of certified audio radio frequency technicians from the Day Wireless office in Benicia, California. The proposal also contained a system pricing list indicating the estimated cost for installation and maintenance services.

Aside from Day Wireless, the City received only one other proposal for the work, which was from Fisk Electric, a certified installer located in the Las Vegas area. The proposal did not include any cost estimate. Staff decided to proceed with Day Wireless since they are a certified installer located locally, which will be helpful for maintenance purposes moving forward and since they provided a clear proposed budget.

Due to the above, staff recommends that Council authorize the City Manager to execute an agreement with Day Wireless Systems in an amount not-to-exceed $300,000, for the installation and maintenance of the Locution Fire Alarm System at all City of Hayward Fire Stations (excluding FS6 which already has this system installed).

ECONOMIC IMPACT
This agenda item will have no direct impact on the local economy.

FISCAL IMPACT
Staff recommends funding the agreement amount with Day Wireless Systems through the FS6/FTC project. The total estimated project cost is $70.9 million. As of FY 2022, Council has authorized the appropriation of $66.7 million. The remaining $4.2 million will be considered for approval and appropriation as part of the FY 2023 CIP budget process.

The estimated project cost at the time of award are as follows:

Construction Contract $52,397,000

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Construction Contingency (ACO) $5,239,700
Consultant Design $5,000,000
Construction Management Administration $4,000,000
Inspector of Record Service & Special Testing $1,500,000 Demolition of old Fire Station and FTC $425,000
Temporary Housing $500,000
Permit & Utility Fees $940,000
Fixture, Furniture & Equipment $600,000
Staff Construction Administration $300,000___
Total $70,901,700
Staff recommends funding the agreement amount of $300,000 through use of Construction Contingency funds. Currently, $1,967,346 of the $5,239,700 construction contingency has been expended.

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

Project 12: Construct the Fire Station and FTC

SUSTAINABILITY FEATURES
The recommended action for this report will not directly result in physical development, purchase or service, new policy or legislation related to sustainability.

PUBLIC CONTACT
No public contact was made for this item.

NEXT STEPS
If Council approves, staff will route the agreement to be executed by the City Manager.

Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Garrett Contreras, Fire Chief
Alex Ameri, Director of Public Works
Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH DAY WIRELESS SYSTEMS FOR CONVERSION OF ALL

FIRE STATION ALERTING SYSTEMS TO MAKE THEM COMPATIBLE WITH THE NEW ALERTING SYSTEM AT THE FIRE STATION 6/FIRE TRAINING CENTER IN AN AMOUNT NOT-TO-EXCEED $300,000
WHEREAS, by Resolution No. 19-011, on January 22, 2019, fire station alerting system alerting was sole sourced to Locution Systems; and WHEREAS, the construction of the new Fire Station 6 includes the Locution Systems station alerting system; and
WHEREAS, all remaining fire stations will need to be converted to the Locution Systems station alerting system; and
WHEREAS, Locution Systems station alerting equipment are installed by certified installers; and
WHEREAS, the City of Hayward received one cost proposal in the amount of $268,348 from certified installer Day Wireless Systems.

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 agreement with Day Wireless Systems for the conversion of the fire station alerting system for all fire stations to make all systems compatible with the system at the new Fire Station 6/Fire Training Center (FS6/FTC) in an amount not-to-exceed $300,000.

ATTACHMENT II

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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 22-207
DATE: April 19, 2022
TO: Housing Authority Board/Mayor and City Council
FROM: Housing Authority Executive Director/City Manager

SUBJECT
Adopt Resolutions Authorizing the City Manager/Housing Authority Executive Director to Execute a Second Amendment to the Disposition, Development, and Loan Agreement with Habitat for Humanity East Bay to Extend the Development Schedule for the Property Located at 123-197 A Street (A & Walnut/Sequoia Grove)

RECOMMENDATION
That the Council:

1. Adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an Affordable Housing Cooperation Agreement between the City of Hayward and the Housing Authority permitting the Housing Authority to implement a loan in the amount of $200,000 from the Inclusionary Housing Trust Fund under the existing Disposition, Development, and Loan Agreement.

That the Housing Authority Board:

1. Adopts a resolution (Attachment III) authorizing the Executive Director to negotiate and execute an Affordable Housing Cooperation Agreement between the Housing Authority and the City of Hayward permitting the Housing Authority to implement a loan in the amount of $200,000 from the Inclusionary Housing Trust Fund under the existing Disposition, Development, and Loan Agreement; and

2. Adopts a resolution (Attachment IV) authorizing the execution of a second amendment to the Disposition, Development, and Loan Agreement for the A & Walnut/Sequoia Grove Habitat for Humanity Housing Development to extend the development schedule and increase the loan amount to $800,000.

SUMMARY
The Housing Authority entered into a Disposition, Development, and Loan Agreement (DDLA) with Habitat for Humanity (Habitat) in 2014 for the development of 123-197 A Street, also known as Sequoia Grove. However, delays caused by the dissolution of the Redevelopment Agency and site contamination created a funding gap that prevented the development of the project. In 2018, the Housing Authority approved an amendment to the DDLA in order for Habitat to secure Measure A1 bond funds to fill the development gap and extended the anticipated completion date of the project from January 2018 to CITY OF HAYWARD Page 1 of 2 Printed on 4/14/2022
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File #: CONS 22-207
development gap and extended the anticipated completion date of the project from January 2018 to January 2022. Alameda County still has not issued the Request for Proposal (RFP) for homeownership development funds, which has further inhibited the Sequoia Grove project from obtaining all of the funding needed to implement the project. In 2021, the Council authorized additional funding from the Inclusionary Housing Trust Fund to help existing affordable housing projects in Hayward fill funding gaps and $200,000 has been earmarked for Sequoia Grove. Even with the City’s additional investment as well as other funds secured by Habitat, a financing gap remains. It is anticipated that the County’s RFP will be issued this year and Habitat will need to demonstrate site control under the DDLA in order to be eligible.

Habitat has requested a three-year extension of the development schedule in the DDLA to document site control to apply for Measure A1 bond funds and to have sufficient time to complete the project.

ATTACHMENTS
Attachment I Staff Report
Attachment II City Resolution - Cooperation Agreement
Attachment III Housing Authority Resolution - Cooperation Agreement Attachment IV Housing Authority Resolution - Amended DDLA CITY OF HAYWARD Page 2 of 2 Printed on 4/14/2022
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DATE: April 19, 2022
TO: Housing Authority Board /Mayor and City Council
FROM: Housing Authority Executive Director/City Manager SUBJECT: Adopt Resolutions Authorizing the City Manager/Housing Authority Executive Director to Execute a Second Amendment to the Disposition, Development, and Loan Agreement with Habitat for Humanity East Bay to Extend the Development Schedule for the Property Located at 123-197 A Street (A & Walnut/Sequoia Grove)

RECOMMENDATION
That the Council:

That the Housing Authority Board:

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Habitat to secure Measure A1 bond funds to fill the development gap and extended the anticipated completion date of the project from January 2018 to January 2022. Alameda County still has not issued the Request for Proposal (RFP) for homeownership development funds, which has further inhibited the Sequoia Grove project from obtaining all of the funding needed to implement the project. In 2021, the Council authorized additional funding from the Inclusionary Housing Trust Fund to help existing affordable housing projects in Hayward fill funding gaps and $200,000 has been earmarked for Sequoia Grove. Even with the City’s additional investment as well as other funds secured by Habitat, a financing gap remains. It is anticipated that the County’s RFP will be issued this year and Habitat will need to demonstrate site control under the DDLA in order to be eligible. Habitat has requested a three-year extension of the development schedule in the DDLA to document site control to apply for Measure A1 bond funds and to have sufficient time to complete the project.

BACKGROUND
In June of 2009, the then City of Hayward Redevelopment Agency (the “former RDA”) used Low and Moderate-Income Housing funds to acquire from the City a 0.7-acre parcel of land located at 123-197 A Street for the sum of $705,000 for the purpose of developing affordable housing.

Consequently, on July 26, 2011, Council authorized staff to negotiate a Disposition and Development Agreement (DDA) with Habitat to develop 10 for-sale housing units for lowincome purchasers and to submit an application to the State Department of Housing and Community Development for funding under the Building Equity and Growth in Neighborhoods (“BEGIN”).

As a result of the dissolution of the Redevelopment Agency, the Housing Authority was unable to enter into a DDA with Habitat for Humanity until the site was determined by the State’s Department of Finance to be a housing asset. Additionally, the Housing Authority had to identify sufficient funds for the project. On June 24, 2014, the Housing Authority approved a $600,000 loan of Authority funds for the project and approved the form of the DDLA. Also on the same date, the Council approved the DDLA because the site was acquired with former Redevelopment Agency funds, and Health and Safety Code Section 33433 requires Council approval of the sale of property acquired with Agency funds.

While performing the environmental review of the site, as required by the DDLA, Habitat identified contaminants. The mitigation measures required to address the contaminants delayed development and further increased project costs. The delays caused by the dissolution of the Redevelopment Agency and the site contamination also caused the project to lose both CalHome and BEGIN funding due to the project’s inability to meet expenditure deadlines.

In 2018, Habitat identified Alameda County Measure A1 bond funds as a funding source to mitigate the funding gap from the additional costs related to the site contamination and the loss of the CalHome and BEGIN funding. In order to be eligible to apply, Habitat needed to show site control, which necessitated an extension of the DDLA to provide time for Habitat to

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secure the County funding and complete the project. On November 13, 2018, the Housing Authority approved an amendment extending the term and performance milestones in the DDLA up to four (4) years.

On May 4, 2021, Council approved up to $4.9 million in funding from the City’s Inclusionary Housing Trust Fund to help fill funding gaps for four existing affordable housing projects in Hayward, which included Sequoia Grove. Funds in the Inclusionary Housing Trust Fund come from in-lieu fees paid by housing developers to comply with the Affordable Housing Ordinance. Consistent with the May 4, 2021 staff report, staff have set aside $200,000 in anticipation that Measure A1 bond funds will provide the project the additional $2 million needed.

Since the County has not yet released the RFP for Measure A1 bond funds for affordable homeownership development, Habitat needs additional time to fulfil its obligations under the DDLA.

DISCUSSION
Despite unexpected delays and additional project costs, Habitat has been diligent in pursuing fulfilment of its obligations under the DDLA in order to develop 10 units of affordable ownership housing. Habitat has advanced the project since the last extension by securing $1 million of State funding for Sequoia Grove from the California State Department of Housing and Community Development (HCD) CalHome Program. Due to the limited number of resources available to support the development of ownership housing, Habitat must rely on Measure A1 bond funds to fill the development gap. In order to qualify for Measure A1 funds, the DDLA will need to be extended again to provide enough time for Habitat to secure a financing commitment of Measure A1 bond funds, complete requirements to transfer ownership of the property, secure financing to complete remediation, complete the remediation of the site, and complete construction of the property. The County has indicated that the RFP for homeownership development will be released this year.

The project was entitled on February 3, 2015, and Habitat is ready to pull its site development and building permits after they secure the remaining project financing and ownership is transferred from the Housing Authority to Habitat. The site is currently vacant and adjacent to a single-family residential neighborhood. Habitat intends to develop 10 two-story townhomes on the site. The project is comprised of two pairs of duplex units and three sets of triplex units on an oddly shaped parcel. The townhomes are well-designed, with high-quality architectural features that are consistent with the neighborhood character that has been created in other residential developments throughout the City. The units will consist of threeand four-bedroom units intended for larger households. The two-story buildings will act as a buffer between A Street and the neighboring, existing single-family homes. The development will feature a common area with open space, a community garden area, a gathering area with benches, and surface parking spaces. This project will take a vacant parcel of land in the City and convert it into vibrant, affordable for-sale housing that will contribute to the surrounding community.

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Staff recommends extending the DDLA to ensure completion of the project by February 28, 2025 and adjusting the development milestones accordingly to ensure fulfilment of conditions to transfer the property by the end of 2022.

In addition to extending the development schedule, in order to implement the $200,000 loan from the City’s Inclusionary Housing Trust funds, staff recommends that the Council and the Housing Authority enter into an Affordable Housing Cooperation Agreement (the “Cooperation Agreement”) in order for the Housing Authority to implement the loan funds allocated by the Council under the existing Housing Authority DDLA. The loan amount under the existing agreement would be increased from $600,000 to $800,000. The additional $200,000 will be applied to construction costs and not disbursed to Habitat until the project is under construction.

ECONOMIC IMPACT
The project would contribute to the neighborhood by redeveloping a vacant infill site allowing for the development of ten ownership homes available to low-income first-time homebuyers.

Such development would contribute to the character and revitalization of the neighborhood.

Residential development of higher densities (e.g., small lot, single-family homes) will generate higher overall land value than older traditional large lot detached single-family developments typical of this neighborhood.

Social research indicates that access to affordable housing can improve educational outcomes, increase health and wellbeing, boost economic activity, and lower the costs for state and local governments to provide emergency housing, mental health crisis services, emergency medical care, and other services to assist the homeless or families and individuals with a housing crisis.

FISCAL IMPACT
There are sufficient funds in the Inclusionary Housing Trust Fund to cover the cost of the loan.

STRATEGIC INITIATIVES
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing. This item is not specifically related to a project identified in the Strategic Roadmap, but Council has expressed support for increasing homeownership opportunities in Hayward. This project would facilitate the development of diverse housing types and increase housing stock for all Hayward residents and community members, including the expansion of affordable housing opportunities.

SUSTAINABILITY FEATURES
Habitat will incorporate green building materials and techniques in its construction practices above what is required by building code, so each home will be energy efficient and will provide a healthy environment for its residents. Green elements will include photovoltaic

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solar panels, radiant-barrier roof sheathing, double-pane, low-e windows, raised heel trusses, and recycling or reuse of more than 90% of construction waste. All of the landscaped areas will have drought tolerant and/or native landscaping. Habitat intends to get the homes certified as sustainable through Build-It-Green’s Green Point Rated Program.

PUBLIC CONTACT
On June 18, 2012, staff and Habitat held a community meeting to present the Project proposal and Habitat’s qualifications to the Burbank Neighborhood Forum. The proposal was well received by the attendees who expressed their appreciation to City and Habitat staff for the opportunity to comment on a new development in their neighborhood. Two hundred and eighty-eight notices of the 2014 approvals were sent to all property owners and residents within a 300-foot radius of the project site on November 24, 2014 and published in The Daily Review newspaper on January 17, 2015. No comments were received at the time this staff report was completed.

NEXT STEPS
Staff will prepare an amendment to the DDLA and the Cooperation Agreement. After Habitat has secured financing for the project and completed other requirements of the DDLA, ownership of the property will be transferred to Habitat. Habitat will complete the site remediation and proceed with construction of the project. Per the proposed amendments, the project is anticipated to be completed no later than February 28, 2025.

Prepared by: Doris Tang, Management Analyst
Christina Morales, Housing Division Manager
Recommended by: Jennifer Ott, Assistant City Manager
Approved by:

Kelly McAdoo, City Manager/Executive Director

ATTACHMENT II

HAYWARD CITY COUNCIL
RESOLUTION NO.

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE

AND EXECUTE AN AFFORDABLE HOUSING COOPERATION

AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF

HAYWARD AND THE CITY OF HAYWARD
WHEREAS, the Housing Authority of the City of Hayward (the “Housing Authority”) was formed to provide decent, safe and sanitary housing in the City of Hayward; and WHEREAS, the City of Hayward (the "City") adopted the Downtown Hayward Redevelopment Plan (the "Redevelopment Plan") and the Redevelopment Plan sets forth a plan for redevelopment of the Downtown Hayward Redevelopment Project Area (the "Project Area"); and
WHEREAS, the dissolved Redevelopment Agency of the City of Hayward (the “Dissolved Agency”) acquired that certain property located at 123-197 "A" Street in the City of Hayward, California (the "Property"), located in the Project Area, with funds from the Dissolved Agency's Low and Moderate Income Housing Fund established pursuant to California Health and Safety Code Section 33334.2; and
WHEREAS, the Dissolved Agency deeded the Property to the City and the City subsequently deeded the Property to the Housing Authority, with the Housing Authority acting in its capacity as the housing successor to the Dissolved Agency; and WHEREAS, on September 3, 2014 the Housing Authority and Habitat For Humanity East Bay/Silicon Valley, Inc. ("Habitat") entered into that certain Disposition, Development and Loan Agreement, as amended by that certain First Amendment to Disposition, Development and Loan Agreement, dated as of March 29, 2019 (collectively, "DDLA"), pursuant to which the Housing Authority intends to sell the Property to Habitat and provide a loan in the amount of Six Hundred Thousand Dollars (the "Authority Loan") to Habitat for the development of ten (10) units of affordable ownership housing that will be affordable to low income households (the "Development"); and WHEREAS, pursuant to City Council Resolution No. 21-071, the City appropriated Four Million Nine Hundred Thouand Dollars ($4,900,000) of Inculsionary Housing Trust Fund monies to fund projects identified in the FY 2021 Housing Division Budget, which included an allocation of Two-Hundred Thousand Dollar ($200,000) (the "Inclusionary Funds") for the Development; and

ATTACHMENT II

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WHEREAS, the Housing Authority and the City desire to enter into that certain Affordable Housing Cooperation Agreement (the “Cooperation Agreement”) to allocate the Inclusionary Funds to the Housing Authority and to require the Housing Authority to enter into contracts to increase the supply of decent, safe and sanitary housing in the City of Hayward; and
WHEREAS, pursuant to the Cooperation Agreement, the City will grant $200,000 of Inclusionary Funds to the Housing Authority for use in a variety of affordable housing programs, including increasing the Authority Loan from Six Hundred Thousand Dollars ($600,000) to Eight Hundred Thousand Dollars ($800,000) under the DDLA; and WHEREAS, the Authority Loan is being made to finance the costs of the Development in order to make the construction and operation of the Development financially feasible and to increase the supply of affordable ownership housing for families in the Project Area and the City of Hayward; and
WHEREAS, the Authority previously determined that the project was categorically exempt from review under the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”) as a Class 32 exemption pursuant to Section 15332 of the CEQA Guidelines. No subsequent review is necessary pursuant to 14 California Code of Regulations Section 15162 because there have not been substantial changes: (1) in the improvements proposed to be funded under the DDLA; or (2) with respect to the circumstances under which the proposed project is being implemented, and (3) there has not been the appearance of new information which was not known and could not have been known as of the date of the DDLA.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Recitals above are true and correct and by this reference makes them a part hereof; and BE IT FURTHER RESOLVED, that the City Council hereby approves the execution and final negotiation by the City Manager of the Affordable Housing Cooperation Agreement, ina form approved by the City Attorney, between the City of Hayward and the Housing Authority of the City of Hayward granting $200,000 of Inclusionary Funds to the Housing Authority in order for the Housing Authority to implement a loan in the amount of $200,000 and all implementing documents and to take all reasonable steps which may be necessary to effectuate the approvals hereof, in such forms as may be agreed to by the City Manager and approved by the City Attorney; and
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ___________________________
Miriam Lens, City Clerk
APPROVED AS TO FORM:

By:

Michael S. Lawson, City Attorney

ATTACHMENT III

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HOUSING AUTHORITY OF THE CITY OF HAYWARD
RESOLUTION NO. HA- 22
Introduced by Board Member

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO

NEGOTIATE AND EXECUTE AN AFFORDABLE HOUSING

COOPERATION AGREEMENT BETWEEN THE HOUSING AUTHORITY

OF THE CITY OF HAYWARD AND THE CITY OF HAYWARD
WHEREAS, the Housing Authority of the City of Hayward (the “Housing Authority”) was formed to provide decent, safe and sanitary housing in the City of Hayward; and WHEREAS, the City of Hayward (the "City") adopted the Downtown Hayward Redevelopment Plan (the "Redevelopment Plan") and the Redevelopment Plan sets forth a plan for redevelopment of the Downtown Hayward Redevelopment Project Area (the "Project Area"); and
WHEREAS, the dissolved Redevelopment Agency of the City of Hayward (the “Dissolved Agency”) acquired that certain property located at 123-197 "A" Street in the City of Hayward, California (the "Property"), located in the Project Area, with funds from the Dissolved Agency's Low and Moderate Income Housing Fund established pursuant to California Health and Safety Code Section 33334.2; and
WHEREAS, the Dissolved Agency deeded the Property to the City and the City subsequently deeded the Property to the Housing Authority, with the Housing Authority acting in its capacity as the housing successor to the Dissolved Agency; and WHEREAS, on September 3, 2014 the Housing Authority and Habitat For Humanity East Bay/Silicon Valley, Inc. ("Habitat") entered into that certain Disposition, Development and Loan Agreement, as amended by that certain First Amendment to Disposition, Development and Loan Agreement, dated as of March 29, 2019 (collectively, "DDLA"), pursuant to which the Housing Authority intends to sell the Property to Habitat and provide a loan in the amount of Six Hundred Thousand Dollars (the "Authority Loan") to Habitat for the development of ten (10) units of affordable ownership housing that will be affordable to low income households (the "Development"); and WHEREAS, pursuant to Resolution No. 21-071, the City appropriated Four Million Nine Hundred Thouand Dollars ($4,900,000) of Inculsionary Housing Trust Fund monies to fund projects identified in the FY 2021 Housing Division Budget, which included an allocation of Two-Hundred Thousand Dollar ($200,000) (the "Inclusionary Funds") for the Development; and

ATTACHMENT III

Page 2 of 3 ends

NOW THEREFORE, BE IT RESOLVED by the Housing Authority Board of the City of Hayward that the Recitals above are true and correct and by this reference makes them a part hereof.

BE IT FURTHER RESOLVED, that the Housing Authority hereby approves the execution and final negotiation by the Executive Director of the Cooperation Agreement, in a form approved by the Housing Authority’s General Counsel, and all implementing documents and to take all reasonable steps which may be necessary to effectuate the approvals hereof, in such forms as may be agreed to by the Executive Director and approved by the Housing Authority’s General Counsel; and BE IT FURTHER RESOLVED, that the Housing Authority hereby accepts the grant of the Housing Funds in the amount of Two Hundred Thousand Dollars ($200,000) and agrees to use the Inclusionary Funds to combine funds previously allocated under the DDLA, thereby bringing the total assistance for the Development to Eight Hundred Thousand Dollars ($800,000); and
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.

ATTACHMENT III

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IN HAYWARD, CALIFORNIA, APRIL __, 2022
ADOPTED BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

CHAIR:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ATTEST: _________________________________________________ Secretary
Housing Authority of the City of Hayward
APPROVED AS TO FORM:

By: _____
General Counsel
Housing Authority of the City of Hayward

ATTACHMENT IV

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HOUSING AUTHORITY OF THE CITY OF HAYWARD
RESOLUTION NO. HA 22-
Introduced by Board Member

RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF

HAYWARD AUTHORIZING EXECUTION OF A SECOND AMENDMENT

TO THE DISPOSITION, DEVELOPMENT, AND LOAN AGREEMENT FOR

THE A & WALNUT/SEQUOIA GROVE HABITAT FOR HUMANITY

HOUSING DEVELOPMENT
WHEREAS, the Housing Authority of the City of Hayward (the “Housing Authority”) was formed to provide decent, safe and sanitary housing in the City of Hayward, and is designated as the housing successor to the dissolved Redevelopment Agency of the City of Hayward (the “Dissolved Agency”) pursuant to California Health and Safety Code Section 34176; and
WHEREAS, the City of Hayward (the "City") adopted the Downtown Hayward Redevelopment Plan (the "Redevelopment Plan") and the Redevelopment Plan sets forth a plan for redevelopment of the Downtown Hayward Redevelopment Project Area (the "Project Area"); and
WHEREAS, the Dissolved Agency acquired that certain property located at 123-197 "A" Street in the City of Hayward, California (the "Property"), located in the Project Area, with funds from the Dissolved Agency's Low and Moderate Income Housing Fund established pursuant to California Health and Safety Code Section 33334.2; and WHEREAS, the Dissolved Agency deeded the Property to the City and the City subsequently deeded the Property to the Housing Authority, with the Housing Authority acting in its capacity as the housing successor to the Dissolved Agency; and WHEREAS, on September 3, 2014 the Housing Authority and Habitat For Humanity East Bay/Silicon Valley, Inc. ("Habitat") entered into that certain Disposition, Development and Loan Agreement, as amended by that certain First Amendment to Disposition, Development and Loan Agreement, dated as of March 29, 2019 (collectively, "DDLA"), pursuant to which the Authority intends to sell the Property to Habitat and provide a loan in the amount of Six Hundred Thousand Dollars (the "Authority Loan") to Habitat for the development of ten (10) units of affordable ownership housing that will be affordable to low income households (the "Development"); and
WHEREAS, the Authority and the City will enter into that certain Affordable Housing Cooperation Agreement, which provides in pertinent part that the City will provide to the

ATTACHMENT IV

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Housing Authority a Two-Hundred Thousand Dollar ($200,000) grant from the Inclusionary Housing Trust Fund (the "Inclusionary Funds") in order to increase the Authority Loan from Six Hundred Thousand Dollars ($600,000) to Eight Hundred Thousand Dollars ($800,000). Habitat shall use the Inclusionary Funds to pay for construction and permanent costs consistent with the Financing Proposal and approved by the Authority; and
WHEREAS, Habitat has submitted a revised Financing Proposal. Pursuant to Sections 2.4 and 5.11 of the DDLA, the Financing Proposal may be revised from time to time and, with the approval of the Authority, will be referred to as the Financing Plan; and WHEREAS, Habitat and the Authority have determined that it would be mutually beneficial to extend the time frames for performance under the DDLA, to increase the Authority Loan amount, and make conforming non-substantive changes to effectuate the purpose of the DDLA as modified by this Amendment; and
WHEREAS, the Authority now desires to amend the DDLA to allow for: (1) the addition of the Inclusionary Funds to the Authority Loan; (2) approve the revised Financing Plan; and (3) extend the term and performance milestones set forth in the DDLA; and (4) make other conforming non-substantive changes to effectuate the purpose of the DDLA as amended; and
WHEREAS, the Authority previously determined that the project was categorically exempt from review under the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”) as a Class 32 exemption pursuant to Section 15332 of the CEQA Guidelines. No subsequent review is necessary pursuant to 14 California Code of Regulations Section 15162 because there have not been substantial changes: (1) in the improvements proposed to be funded under the DDLA; or (2) with respect to the circumstances under which the proposed project is being implemented, and (3) there has not been the appearance of new information which was not known and could not have been known as of the date of the DDLA.

NOW THEREFORE BE IT RESOLVED, the Housing Authority Board does hereby find, determine, resolve and order as follows:

BE IT RESOLVED that the Recitals above are true and correct and by this reference makes them a part hereof; and
BE IT FURTHER RESOLVED, the Housing Authority hereby approves an amendment to the DDLA and all ancillary documents consistent with this Resolution and authorizes the Executive director to negotiate and execute such amendment in a form approved by the Housing Authority’s General Counsel; and

ATTACHMENT IV

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BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.

IN HAYWARD, CALIFORNIA, APRIL , 2022
ADOPTED BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

CHAIR:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ATTEST: _________________________________________________ Secretary
Housing Authority of the City of Hayward
APPROVED AS TO FORM:

By: _____
General Counsel
Housing Authority of the City of Hayward
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-209
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2022 Through 2023 and to Accept and Appropriate Between $350,000 and $450,000 in Reimbursement for Medi-Cal Administrative Activity Services Provided by the City of Hayward

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute a FY22-23 Agreement with the Alameda County Health Care Services Agency (ACHCSA) to accept and appropriate between $350,000 and $450,000 in reimbursement for Medi-Cal Administrative Activity (MAA) services provided by the City of Hayward Youth and Family Services Bureau.

SUMMARY
Since 2006, the City of Hayward has had an annual Memorandum of Understanding (MOU) with ACHCSA to provide MAA services to youth and families in Hayward, with the goal of promoting family stability and preventing juvenile justice involvement through offering comprehensive, culturally responsive services and opportunities. As a result of this MOU, the ACHCSA provides a yearly reimbursement to the City of Hayward for the cost of time spent providing services that support the Medi-Cal program. Examples of these activities, which are provided by the Youth and Family Services Bureau (YFSB) of the Hayward Police Department (HPD), include assisting eligible individuals to apply for Medi-Cal coverage, connecting people to Medi-Cal covered services, and developing programs and policies that close service gaps and allow more people to access Medi-Cal and Medi-Cal covered services. The amount of MAA reimbursement varies year to year, but it is expected to be between $350,000 and $450,000 for FY22-23, which minimally funds 1.0 Full Time Equivalent (FTE) Family Counselor and the 1.0 FTE YFSB Secretary.

Additional revenue generated beyond that amount is reinvested into YFSB’s programming to further offset the cost to the City’s General Fund.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Page 1 of 2 Printed on 4/15/2022
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File #: CONS 22-209
Attachment II Resolution
CITY OF HAYWARD Page 2 of 2 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2022 Through 2023 and to Accept and Appropriate Between $350,000 and $450,000 in Reimbursement for Medi-Cal Administrative Activity Services Provided by the City of Hayward

1.0 FTE YFSB Secretary. Additional revenue generated beyond that amount is reinvested into YFSB’s programming to further offset the cost to the City’s General Fund.

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BACKGROUND
Research clearly shows that being arrested in adolescence significantly increases the likelihood of subsequent arrests.1 Consistent with best practices on the most effective ways to serve youth and families and prevent escalating contact with the juvenile justice system, YFSB provides a continuum of services that address the root causes underlying youth behaviors that result in contact with law enforcement.

The YFSB’s mission is to promote family stability and prevent juvenile justice involvement through offering comprehensive, culturally responsive services and opportunities that empower families to build on their strengths, supplement needs, and create pathways to achieving their goals. For nearly 45 years, YFSB has successfully done this supporting thousands of families to address challenges and improve their individual and family functioning. Less than 10% of youth who participate in YFSB’s services are arrested or rearrested within one year. YFSB’s groundbreaking model of integrating mental health clinicians into the Hayward Police Department was recognized in the Commission on Accreditation for Law Enforcement Agencies (CALEA) evaluation as a national model and was recommended for replication in police departments nationwide.

To offset the cost of providing YFSB Services, since 2006, the City has had an annual MOU with the ACHCSA to provide MAA. The State of California Department of Health Care Services (DHCS) recognizes that local, community agencies such as YFSB have a unique relationship with Medi-Cal eligible individuals and are in a unique position to facilitate these individuals’ access to Medi-Cal and Medi-Cal covered services. It further recognizes the expertise of these agencies to identify and assess the health care needs of the Medi-Cal eligible individuals served. As a result, DHCS, through the ACHCSA, reimburses the City for the cost of time spent providing services that support the Medi-Cal program. Examples of these activities include assisting eligible individuals to apply for Medi-Cal coverage, connecting people to Medi-Cal covered services, and developing programs and policies that close service gaps and allow more people to access Medi-Cal and Medi-Cal covered services. The amount of MAA reimbursement varies year to year, but it is expected to be between $350,000 and $450,000 for FY22-23, which minimally funds 1.0 FTE Family Counselor and the 1.0 FTE YFSB Secretary. Additional revenue generated beyond that is reinvested into YFSB’s programming to further offset the cost to the City’s General Fund.

Table 1 below, summarizes the number of reimbursable hours spent improving access to Medi-Cal and Medi-Cal covered services as part of the MAA program in FY20-21, which is the most recent year with available data.

1 The Annie E. Casey Foundation. (2020). Research in Brief to Transform Juvenile Probation: Expand the Use of Diversion from the Juvenile Justice System. Baltimore, MD: Author. Retrieved from https://www.aecf.org/resources/expand-the-use-of-diversion-from-the-juvenile-justice-system/

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Table 1. FY20-21 Hours Spent on Medi-Cal Administrative Activities Activity Hours
Medi-Cal Outreach 581
Referral, Coordination and Monitoring of Medi-Cal covered services 4114 Facilitating Medi-Cal Application 5
Contract Administration 478
Program Planning and Policy Development 3707
Total 8884

DISCUSSION
YFSB staff play a critical role in connecting community members to Medi-Cal covered services.

In recognition of this function, the County provides an annual reimbursement for the cost of staff time spent providing this service. This reimbursement funding is re-invested to support YFSB programming, which contributes to the overall strength and success of the YFSB model.

Providing alternatives to youth involvement in the juvenile justice system is a critical issue locally and nationally. The literature clearly shows that more restrictive juvenile justice interventions such as youth incarceration contribute to poorer outcomes and increased rates of recidivism. Conversely, offering alternatives such as family counseling, case management and diversion, not only reduces recidivism but also leads to better outcomes for youth and families overall. The execution of this agreement and the acceptance of the associated funding will allow the Youth and Family Services Bureau to continue to play a crucial role in keeping youth out of the juvenile justice system and contributing to the overall safety and wellbeing of Hayward families.

Components of the MAA Program – FY22-23
- Medi-Cal outreach to connect Medi-Cal eligible individuals with Medi-Cal covered services;
- Referral, coordination, and monitoring of Medi-Cal covered services; - Facilitating the Medi-Cal application process;
- Contract administration for Medi-Cal covered services; and - Program planning and policy development to increase Medi-Cal system capacity and close service gaps and coordinate with other agencies to improve service delivery The services that will be provided under the recommended agreement are part of the YFSB’s overarching strategy to reduce and prevent juvenile involvement in the justice system by linking youth to services and opportunities that help them stay positively connected with the community. Addressing the root causes underlying youth behavior problems, such as mental health challenges, family functioning issues, school engagement problems, and insufficient access to positive activities and supports are critical components to encourage youth success and prevent contact with law enforcement. For youth who do encounter law enforcement, these services give officers more options and minimize formal processing in the juvenile justice system. This has a clear nexus with public safety and contributes to the overall wellbeing of Hayward families.

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ECONOMIC IMPACT
As stated above, improving community safety and keeping youth out of the juvenile justice system by supporting them to lead productive and healthy lives will have a positive economic impact for the Hayward community, as it addresses many of the factors that underlie poverty and a lack of economic opportunity. Moreover, the positive impact this program has on overall public safety contributes to a safe and thriving City which attracts residents and local businesses.

FISCAL IMPACT
The City will receive between $350,000 and $450,000 in reimbursement from the one-year agreement with HCSA. The 2.0 FTE positions (one Family Counselor and one YFSB Secretary) discussed above are included in the City’s FY 2023 Operating Budget; accepting and appropriating these funds will help to offset the cost of these positions.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Support Quality of Life. It specifically relates to Project 9: Expand existing support services offered by the Hayward Police Department Youth and Family Services Bureau to include life skills, diversion and restorative justice.

NEXT STEPS
If the Council authorizes this action, staff will work to: 1) execute the agreement with ACHCSA to provide Medi-Cal Administrative Activities services for FY22-23; 2) accept and appropriate between $350,000 and $450,000 in reimbursement revenue; and 3) continue providing essential mental health services to Hayward youth and families.

Prepared by: Emily Young, Youth and Family Services Bureau Administrator Recommended by: Toney Chaplin, Chief of Police
Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITYCOUNCIL
RESOLUTION NO. 22-
Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FISCAL YEAR 2022 THROUGH 2023 AGREEMENT WITH THE ALAMEDA COUNTY

HEALTH CARE SERVICES AGENCY TO ACCEPT AND APPROPRIATE BETWEEN $ 350,000 AND $450,000 IN MONETARY REIMBURSEMENT FOR MEDI-CAL

ADMINISTRATIVE ACTIVITY SERVICES PROVIDED BY THE CITY OF

HAYWARD
WHEREAS, the City of Hayward and the Alameda County Health Services Administration Have an Annual Memorandum of Understanding whereby the Hayward Police Department’s Youth and Family Services Bureau provides Medic-Cal Administrative Activities to youth and families in the City of Hayward; and WHEREAS, pursuant to the Memorandum of Understanding and due to the critical role the City of Hayward Youth and Family Services Bureau plays in connecting the Hayward community to Medi-Cal covered services, the Alameda County Health Care Services Administration provides a yearly reimbursement to the City of Hayward for the cost of staff time spent providing these services; and
WHEREAS, the execution of a Fiscal Year 2022 through 2023 Agreement between the City of Hayward and the Alameda County Health Care Services Agency is necessary to continue to provide these services and receive such reimbursements under the MOU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute an Fiscal Year 2022 through 2023 Agreement with the Alameda County Health Care Services Agency to receive between $350,000 and $450,000 in monetary reimbursement for Medi-Cal Administrative Activity services provided by the City of Hayward’s Youth and Family Services’ Bureau.

ATTACHMENT II

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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 22-211
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Apply as Joint Applicant with EAH, Inc for the California State Department of Housing and Community Development California Housing Accelerator Program

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to apply as a joint applicant with EAH, Inc. for the State of California Housing and Community Development Department (HCD) California Housing Accelerator Program (CHA Program) in an amount not to exceed $50 million to support the Pimentel Place development of 57 affordable housing units.

SUMMARY
In October 2021, HCD announced the availability of approximately $1.6 billion under the CHA Program for the purpose of supporting shovel-ready projects that are unable to move forward due to funding gaps that resulted from their inability to access tax-exempt bond allocations or low-income housing tax credits. City staff and EAH, Inc. have determined that Pimentel Place meets the eligibility requirements for the CHA Program and could receive up to $50 million in grant money to cover eligible project costs. A successful application to HCD’s CHA Program would close the funding gap for Pimentel Place and would allow for the project to quickly begin construction. Staff recommends that the City, as a joint applicant with EAH, Inc., apply for the CHA Program to support the development for 57 units of affordable housing at Pimentel Place.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Income and Rent Limits
CITY OF HAYWARD Page 1 of 2 Printed on 4/15/2022
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File #: CONS 22-211
CITY OF HAYWARD Page 2 of 2 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Apply as Joint Applicant with EAH, Inc for the California State Department of Housing and Community Development California Housing Accelerator Program

BACKGROUND
On April 30, 2018, the City issued a Notice of Funding Availability (NOFA)for affordable housing development projects. EAH, Inc. submitted a proposal for Pimentel Place, formerly known as Matsya Villas, and was awarded funding from the City’s NOFA. The project has since then advanced by securing funding from other available sources. On August 20, 2021, Pimentel Place received approval of planning entitlements through the streamlining provisions of SB 35.

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Housing Element and Regional Housing Needs Allocation Compliance Local jurisdictions report progress annually on meeting their RHNA goals. Table 1 demonstrates progress made toward meeting Hayward’s RHNA goals for the period between 2015-2023 as of the last report year (2020) and estimates potential for compliance by including approved projects and projects pending approval. Permits to construct the units must be issued to count toward the City’s RHNA goals. Pimentel Place will add 57 affordable housing units to the City’s housing stock, which would help the City to meet its RHNA goals for low- and very low-income households. The income targeting is expected to change based on the requirements of all the funding sources utilized to fully fund the project. The most restrictive income targeting will apply. Generally, projects with low average affordability levels are more competitive for state funding sources, which means the project may serve a lower-income population than initially proposed. Pimentel Place will help the City meet the following goals established in the City’s Housing Element:
 Assist in the development of housing affordable to low- and moderate-income households;
 Promote equal housing opportunities for all persons; and  Provide for the special housing needs of seniors, persons with disabilities, large families with children, single female-headed households, and persons who are homeless.

Table 1 - 2023 RHNA Goal Progress in the City of Hayward Income
Category
Unit
Goal
Reported
2020 Approved Pending Approval
Estimated
Compliance
Estimated
Deficiency
Units % of
Goal Units % of Goal Units % of Goal Units % of Goal Units % of Goal Very low 851 65 8% 251 29% 145 17% 461 54% 390 46%
Low 480 153 32% 315 66% 84 18% 552 115
%
0 0
Moderate 608 72 12% 95 16% 43 7% 210 35% 398 65%
Above
Moderate 1981 2171 0 0
As of 2020, the City already exceeded its goal for above moderate income units. If permits are issued for all projects currently in the development pipeline, the City is on track to comply with both the low-income category and the above moderate-income category.

Project Funding to Date
On October 2, 2018, the Council approved a $2 million loan to EAH, Inc. for the development of Pimentel Place, which will provide 57 units of affordable housing to very low- and lowincome households. Since the City funding approval, the project has been awarded:

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- Over $5.3 million under the Measure A1 Rental Housing Development Regional Pool - $400,000 in HOME funds from Alameda County
- Over $8 million from the Multifamily Housing Program
- Over $4 million from the Infill Infrastructure Grant Program - Approximately $7 million from the Housing for Healthy California Program EAH, Inc. has been proactively pursuing applicable funding sources.

Housing Accelerator Program
There is a backlog of affordable housing developments with HCD awards that are shovelready and that are unable to move forward due to funding gaps resulting from the current shortfall of available bond allocations and low-income housing tax credits, especially 4% tax credits. On September 16, 2021, the State announced availability of approximately $1.6 billion in CHA program funding for eligible projects to help address the state’s long-term affordable housing crisis. Funding available under the CHA Program is from the Coronavirus State Fiscal Recovery Fund, established by the Federal American Rescue Plan Act of 2021. The CHA Program’s purpose is to enable eligible projects to quickly begin construction and reduce the amount of time and money spent on producing affordable housing with the overarching goal to accelerate development of new affordable housing for those most in need.

DISCUSSION
In response to the CHA Program, EAH Inc. and staff have determined that Pimentel Place meets the eligibility requirements for the CHA Program and could receive up to $50 million in grant money to cover eligible project costs. A successful application to the CHA Program would provide additional needed project funding to close the funding gap and quickly begin construction. A description of the CHA Program and the assistance it will provide to the project is further described in the following sections.

Description of the Program Eligibility Criteria
Under the CHA Program, grant funds are available to eligible multifamily housing projects that have already been awarded one or more sources of state funding but need additional funding to complete the project due to the insufficient supply of bonds and tax credits available.

HCD developed a list of projects eligible under the CHA Program, known as the “Multifamily Pipeline Tracker.” The program requires that a project must have an existing HCD loan commitment from one or more HCD loan programs and provide evidence that the project will have complete financing and all entitlement approvals necessary to start construction within 180 days of award. Funding is exclusively for eligible costs categorized under the federal lowincome housing tax credit program, including, but not limited to, commercial costs and reasonable reserves.

Project Description
Pimentel Place is located at 2nd and C Streets. The site is currently a vacant lot following the demolition of a vacant commercial building in 2019. The project will consist of 57 units of residential apartments with two non-residential spaces, 800 sf and 1600 sq. ft. in size. The

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project amenities include on-site laundry facilities, community room, computer learning center, indoor kids’ play area, an outdoor roof deck, and an on-site resource coordinator to provide coordination of services related to health, nutrition, education, employment, transit, and other services for residents.

The project will provide approximately 56 units of affordable housing for a term of 55 years.

Additionally, the project will provide at least 6% of the units affordable to low- and very lowincome households in perpetuity in compliance with the City’s Affordable Housing Ordinance.

All units, excluding the manager’s unit, will serve income eligible households earning a range from $19,180 to $109,600 (20% to 80% AMI levels). Attachment III provides the income limits associated with each income category for Alameda County. The project’s unit mix includes: 11 one-bedroom apartments; 27 two-bedroom apartments; and 18 three-bedroom apartments; and one on-site manager’s unit.

EAH submitted their application on April 8, 2022 without the City’s authorizing resolution because HCD just recently determined that the City was required to be joint applicant and party to the standard agreement with HCD and EAH, Inc. In order to meet the application deadline, HCD allowed EAH, Inc. to submit a letter from the City confirming it would request approval of the authorizing resolution following submittal of the application. If this resolution is approved tonight, staff will transmit the authorizing resolution to HCD. Funding awards are anticipated in late June 2022 with funds encumbered through an executed standard agreement no later than June 30, 2024. Provided that the CHA Program application is successful, the project anticipates construction to commence in Summer 2023.

ECONOMIC IMPACT
The proposed affordable units support housing stability and will reduce the cost burden for very low- and low-income Hayward residents for a minimum of 55 years.

FISCAL IMPACT
There is no fiscal impact associated with this agenda item. If awarded, the grant funds will reimburse costs directly to the EAH, Inc. While the City will be party to the standard agreement with HCD, EAH, Inc. will cover the costs associated with the development of both projects and will be reimbursed directly. All financing documents with respect to the issuance of the grant funds will contain clear disclaimers that the CHA funds are not obligations of the City or the State of California, but are to be paid for solely by EAH, Inc. Staff has requested authority to receive the grant award to conform with the template resolution provided by the State but does not anticipate the need to receive the grant funds since the City will not be paying for the project costs.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing.

Specifically, this item supports the implementation of the following project(s):

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Project 8, Part 8b: Apply for state housing funding to support strategic partnerships and Council Priorities.

PUBLIC CONTACT
In accordance with entitlement requirements, notices for this project were sent out to all property owners within a 300-foot radius of the project site. Additionally, as a requirement of the 2018 NOFA, EAH, Inc. held public outreach meetings to introduce the organization and the proposed project to the community, and to solicit input from the community.

NEXT STEPS
If authorized, staff will transmit the authorizing resolution to HCD. If awarded grants, staff will coordinate with EAH, Inc. to draft and enter into a standard agreement and all other necessary documents for the disbursement of funds.

Prepared by: Jane Kim, Housing Development Specialist
Recommended by: Christina Morales, Housing Division Manager Jennifer Ott, Assistant City Manager
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO: 1) APPLY FOR AN

AWARD FROM THE CALIFORNIA HOUSING ACCELERATOR PROGRAM FROM

THE CALIFORNIA STATE DEPARTMENT OF HOUISNG AND COMMUNITY HOUSING ACCELERATOR PROGRAM; 2) ENTER INTO A STANDARD

AGREEMENT WITH THE CALIFORNIA SATE DEPARTMENT OF HOUSING

AND COMMUNITY DEVELOPMENT CALIFORNIA HOUSING ACCELERATOR PROGRAM; AND 3) ACCEPT AN AMOUNT NOT TO EXCEED $50 MILLION TO SUPPORT THE PIMENTEL PLACE DEVELOPMENT FOR 57 UNITS OF

AFFORDABLE HOUSING
WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code, has issued a Project Solicitation and Guidelines, dated February 28, 2022, under its California Housing Accelerator program (“Solicitation”); and
WHEREAS, City of Hayward (“Public Entity”) is authorized and directed to submit an application in response to the Solicitation (the “Application”); and WHEREAS, the Department will make a conditional commitment of California Housing Accelerator funds in reliance on the representations in that Application (the “California Housing Accelerator Loan”).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward, that the Public Entity is hereby authorized and directed to act in connection with the Department’s award of the California Housing Accelerator Loan; and BE IT FURTHER RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to submit a joint application with EAH, Inc., to the Department’s Housing Accelerator Program for an award of the California Housing Accelerator Loan to support the Pimentel Place Development of 57 units of affordable housing; and
BE IT FURTHER RESOLVED, that in connection with the California Housing Accelerator Loan, the City Manager is authorized and directed to enter into, execute, and deliver a Standard Agreement in an amount not to exceed $50 million and any and all other documents required or deemed necessary or appropriate to secure the California Housing

ATTACHMENT II

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Accelerator Loan from the Department and to participate in the California Housing Accelerator program, and all amendments thereto (collectively, the “California Housing Accelerator Loan Documents”); and
BE IT FURTHER RESOLVED, that the Public Entity acknowledges and agrees that the City shall be subject to the terms and conditions specified in the Standard Agreement, and that the Solicitation and the Standard Agreement will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures, uses, and activities identified in the Standard Agreement; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Application, Standard Agreement, and the California Housing Accelerator Loan Documents on behalf of the Public Entity.

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
2021 Rent and Income Limits ATTACHMENT III
Effective Date: April 26, 2021
Source: HCD

INCOME LIMITS
Household Size 1 2 3 4 5 6 7 8
Income Category
Extremely Low Income 28,800 32,900 37,000 41,100 44,400 47,700 51,000 54,300 Very Low Income 47,950 54,800 61,650 68,500 74,000 79,500 84,950 90,540 Low Income 76,750 87,700 98,650 109,600 118,400 124,150 135,950 144,700 Median Income 87,900 100,500 113,050 125,600 135,650 145,700 155,750 165,800 Moderate Income 105,500 120,550 135,650 150,700 162,750 174,800 186,850 198,900 Effective Date: April 26, 2021
Source: HCD + COH AHO
Rent Limits
Bedroom Size Efficiency 1-BR 2-BR 3-BR 4-BR
Income Category
Extremely Low Income 659.25 753.75 847.88 942.00 1,017.38 Very Low Income 1,098.75 1,256.25 1,413.13 1,570.00 1,695.63 Low Income 1,318.50 1,507.50 1,695.75 1,884.00 2,034.75 Moderate Income 2,417.25 2,763.75 3,108.88 3,454.00 3,730.38 CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-214
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Advocates for Human Potential, Inc. to Accept $389,260 in Grant Funding for the Behavioral Health Justice Intervention Services Project and Appropriate the Funds to the Federal Grants Special Revenue Fund for the Hayward Evaluation and Response Teams Program

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute a one-year Agreement with Advocates for Human Potential, Inc. to accept $389,260 in grant funding for the Behavioral Health Justice Intervention Services Project, and to appropriate the funds to the Federal Grants Special Revenue Fund for the Hayward Evaluation and Response Teams program.

SUMMARY
On May 18, 2021, Council received the recommendations of the Public Safety Policy Innovation Workshop, authorized a budget allocation to support the projects, and directed staff to begin implementing nine of the pilot projects in FY 2022, including the creation of the Hayward Evaluation and Response Teams Program (HEART) program. In December 2021, to support capacity building and infrastructure development for this project, the City applied for the California Department of Health Care Services (DHCS) Behavioral Health Justice Intervention Services Project (BHJIS) project, funded by the Substance Abuse Mental Health Services Administration (SAMHSA) through the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA). On February 28, 2022, the City received notice of award in the amount of $389,260 for the project period from February 15, 2022 through February 14, 2023. DHCS is contracting with Advocates for Human Potential, Inc. (AHP), as the administrator for the grant.

Council approval is requested to authorize the City Manager to negotiate and execute the one-year contract with AHP to continue the important work of improving the City’s response to people experiencing mental illness, substance use disorders, and homelessness, and to appropriate the funds to the Federal Grants Special Revenue Fund.

CITY OF HAYWARD Page 1 of 2 Printed on 4/15/2022
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File #: CONS 22-214

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 2 of 2 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Advocates for Human Potential, Inc. to Accept $389,260 in Grant Funding for the Behavioral Health Justice Intervention Services Project and Appropriate the Funds to the Federal Grants Special Revenue Fund for the Hayward Evaluation and Response Teams Program

Council approval is requested to authorize the City Manager to negotiate and execute the oneyear contract with AHP to continue the important work of improving the City’s response to

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people experiencing mental illness, substance use disorders, and homelessness, and to appropriate the funds to the Federal Grants Special Revenue Fund.

BACKGROUND
In response to community concerns about the best way to provide emergency services to people experiencing mental illness, substance use disorders, and homelessness, and as a result of a focused effort by the City over the last two years to engage the community in conversations about public safety in general, which has included Community Conversations & Public Safety Survey1 and the Public Safety Policy Innovation Workshop2, on May 18, 2021, Council received the Public Safety Policy Innovation Workshop Recommendations3, authorized a budget allocation to support the projects, and directed staff to begin implementing nine of the high priority pilot projects in FY 2022, including the creation of the HEART program.

The primary goal of HEART is to create an integrated continuum of options allowing the right team or resource to respond to the right call for service, improving access to medical, mental health, and other support services and reducing the need for police officers to intervene in calls for service involving people experiencing mental illness, substance abuse, and homelessness. Developed following deep engagement with the Hayward community and rooted in national best practices for crisis response systems, including SAMHSA’s National Guidelines for Behavioral Health Crisis Care4 and the National Council of Behavior Health’s Roadmap to the Ideal Crisis System5, the HEART model consists of two distinct co-responder teams: 1) a Mobile Integrated Health Unit (MIHU) that pairs a Hayward Fire Department Community Paramedic with a Mental Health Clinician from Tiburcio Vasquez Health Center (TVHC), and 2) a Mobile Evaluation Team (MET) that pairs a Crisis Intervention Team (CIT) trained Hayward Police Officer with a behavioral health clinician from the Alameda County Behavioral Health Care Services. HEART also includes a Behavioral Health Coordinator to focus on infrastructure development and capacity building to maximize the leveraging of resources available County wide and to identify and close service gaps for Hayward’s most vulnerable residents.

In December 2021, the City applied for a competitive grant from DHCS for the BHJIS Project, funded by SAMHSA through the CRRSAA. The BHJIS Project is intended to help agencies, including local governments, first responders, law enforcement, behavioral health and others, to improve and enhance their collaborative response to individuals facing mental health or substance use crises.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4677304&GUID=52E170E7-7C7A-4B62-AEA8- 32BB683AC71D
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4730803&GUID=B7016A74-469D-4B54-A400- B830088097E7
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=4955272&GUID=F899B470-2D3E-4373-9CE0- EF2552EB821D
4 https://www.samhsa.gov/sites/default/files/national-guidelines-for-behavioral-health-crisis-care-02242020.pdf 5 http://crisisroadmap.com/

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The primary BHJIS goals are to:
- Implement innovative solutions to problems and connect people experiencing mental or substance use crises at the right time and in the right environment; - Improve partnerships/collaboration between system partners and communities; and - Adopt policies and practices to promote diversity, equity, and inclusion and establish culturally and linguistically appropriate services that address structural inequities.

On February 28, 2022, the City received notice of award in the amount of $389,260 for the project period from February 15, 2022 through February 14, 2023. DHCS is contracting with AHP, as the administrator for the grant.

DISCUSSION
Recent events, backed by research, show it is clear we need new solutions in mental health and crisis response. At least 20 percent of police calls for service involve a mental health or substance use crisis6, a demand that has grown over the past two years of global pandemic and national unrest. There is an urgent need for increased collaboration between crisis care systems if we are to properly address mental health crisis response.7 For nearly two years, Hayward has been engaging community members and evaluating how to best meet the needs of community members who experience mental illness, substance use, and homelessness and require emergency response from the Police and Fire departments. In an effort to balance innovative solutions that meet Hayward’s specific needs with established best practices, staff has developed the HEART Program and has actively explored funding opportunities to support implementation of these new strategies. Towards this end, the BHJIS Project will provide critical funding to continue to build the City’s capacity to respond more effectively to people in crisis.

Components of the Hayward BHJIS Project
- Identify service and resource gaps through system mapping of assets/needs among mental health and other social service partners and identify strategies to address gaps; - Utilize two distinct co-response teams that include clinical staff to respond to calls for service alongside HFD and HPD: the MIHU and the MET, described in more detail above;
- Conduct planning, training and protocol/policy development to support the coresponder teams; - Procure necessary equipment to support the program including encryption enabled radios and a vehicle for the MET;
- Develop and improve data collection and appropriate sharing mechanisms to inform project evaluation and continual improvement;

6 Abramson, A., (2021). Building Mental Health into Emergency Responses. American Psychological Association.

Monitor on Psychology. 52(5), 30.
7 Substance Abuse and Mental Health Services Administration (SAMHSA). National Guidelines for Behavioral Health Crisis Care Best Practice Toolkit. 2020. U.S. Department of Health and Human Services (HHS).

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- Formalize organizational agreements/infrastructure required to seamlessly connect community members experiencing mental illness, substance use disorders, and homelessness to services;
- Subcontract with TVHC to support project activities;
- Launch a Community Engagement and Outreach Campaign to publicize available services and receive community feedback on needs/preferences; and - Participate in monthly coaching calls and quarterly learning collaborative meetings to receive technical assistance from AHP.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Enhance Community Safety and Quality of Life. Specifically, this item relates to Project Q5: Community Safety Public Engagement and Policy Innovation Workshop Pilots/Projects.

FISCAL IMPACT
The City will receive $389,260 for the project period from February 15, 2022 through February 14, 2023, spanning two separate fiscal years. Accepting and appropriating these funds to the Federal Grants Special Revenue Fund will allow the balance of the unspent BHJIS funds to be carried forward in the FY 2023 budget cycle. As staff continues to develop long term funding models that will allow for the sustainability of the HEART program beyond the pilot period, the awarded grant will provide critical bridge funding to offset the cost to the City General Fund while the pilot is implemented and fund development continues.

NEXT STEPS
If the Council authorizes this action, staff will work to: 1) execute the agreement with AHP for the BHJIS Project; 2) accept and appropriate $389,260 to the Federal Grants Revenue Fund; and 3) continue developing and implementing the HEART program to provide essential mental health, medical, and other social services to the Hayward community.

Prepared by: Emily Young, YFSB Administrator/HEART Project Manager Recommended by: Jennifer Ott, Assistant City Manager
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITYCOUNCIL
RESOLUTION NO. 22-
Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH ADVOCATES FOR HUMAN POTENTIAL INC. TO ACCEPT $389,260 IN GRANT FUNDING FOR THE BEHAVIORAL HEALTH JUSTICE

INTERVENTION SERVICES PROJECT AND APPROPRIATE THE FUNDING TO

THE FEDERAL GRANTS SPECIAL REVENUE FUND
WHEREAS, the City of Hayward is committed to providing appropriate responses to community members experiencing mental illness, substance use and homelessness; and WHEREAS, the Hayward Evaluation and Response Teams (HEART) program has been developed to more efficiently connect people who request emergency services to needed medical, mental health and other social services; and
WHEREAS, executing an agreement with Advocates for Human Potential, Inc. will provide funding to develop infrastructure and build the capacity of the HEART program to serve the community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to accept funding from the California Department of Health Care Services in the amount of $389,260; and
BE IT FURTHER RESOLVED, that the City Council of the City of Hayward herby amends Resolution 21-100, the budget resolution for the City of Hayward Operating Budget for FY 2022, and approve the appropriation of $389,260 in the Federal Grant Special Revenue Fund; and
BE IT FURTHER RESOLVED, that the City Manager is authorized and directed to negotiate and execute contracts, and any supporting documents, with Advocates for Human Potential, Inc. to carry out services for the California Department of Health Care Services, Behavioral Health Justice Intervention Services project.

ATTACHMENT II

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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 22-215
DATE: April 19, 2022
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Existing Professional Services Agreement with Federal Engineering to Expand the Scope of Work to Include Research Related to the Hayward Evaluation and Response Team Program and to Increase the Contract Amount by $47,800, Not-To-Exceed $112,722

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the existing professional services agreement with Federal Engineering to expand the Scope of Work to include research related to the Hayward Evaluation and Response Team program (Attachment III), and to increase the contract amount by $47,800 for provision of the added services, for a total contract amount not-to-exceed $112,722.

SUMMARY
On May 18, 2021, Council received the recommendations of the Public Safety Policy Innovation Workshop for nine pilot projects, authorized a budget allocation to support the projects, and directed staff to begin implementing the pilot projects in FY 2022. One of the nine projects was the creation of the Hayward Evaluation and Response Teams (HEART) program to address more appropriate response models for calls related to behavioral health (including substance abuse, mental illness, and homelessness). In order to set programmatic goals and response methods, staff undertook an analysis to better understand frequent system users, call types, call frequency, and outcomes to inform and develop new program metrics and resource allocations. While conducting this analysis, staff realized that it lacked the ability to complete a thorough analysis due to difficulties extracting and aggregating historical data, and became concerned that existing data issues will inhibit ongoing program monitoring, reporting, and analysis.

Additionally, during the Council work session on the six-month progress update (February 15, 2022) on the pilot projects, Council and public comments raised questions about the availability of program data to ensure transparency and support program evaluation.

Fortunately, the City of Hayward had already contracted with a consulting firm, Federal Engineering, to conduct the Communications/Dispatch Needs Assessment and Capacity Improvement project, which is Project 1 identified from the Policy Innovation Workshop. Federal Engineering has the specific expertise CITY OF HAYWARD Page 1 of 2 Printed on 4/15/2022
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File #: CONS 22-215
Project 1 identified from the Policy Innovation Workshop. Federal Engineering has the specific expertise needed to extract and aggregate data from multiple platforms and City software programs to assist with the HEART program’s data needs and to provide the Council and community with enhanced transparency. Moreover, since the City has an existing executed Agreement with Federal Engineering for the Communications/Dispatch Needs Assessment and Capacity Improvement Project, the City can execute an Amendment to that already existing agreement to broaden the scope of Federal Engineering’s work to include the HEART project data analysis. The additions to the project’s scope of work will cost an additional $47,800 to be appropriated from the General Fund.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Federal Engineering Data Analysis Scope of Work CITY OF HAYWARD Page 2 of 2 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Existing Professional Services Agreement with Federal Engineering to Expand the Scope of Work to Include Research Related to the Hayward Evaluation and Response Team Program and to Increase the Contract Amount by $47,800, Not-To-Exceed $112,722

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Federal Engineering has the specific expertise needed to extract and aggregate data from multiple platforms and City software programs to assist with the HEART program’s data needs and to provide the Council and community with enhanced transparency. Moreover, since the City has an existing executed Agreement with Federal Engineering for the Communications/Dispatch Needs Assessment and Capacity Improvement Project, the City can execute an Amendment to that already existing agreement to broaden the scope of Federal Engineering’s work to include the HEART project data analysis. The additions to the project’s scope of work will cost an additional $47,800 to be appropriated from the General Fund.

BACKGROUND AND DISCUSSION
On May 18, 2021, Council received the recommendations of the Public Safety Policy Innovation Workshop for nine pilot projects, authorized a budget allocation to support the projects, and directed staff to begin implementing the pilot projects in FY 2022. One significant project identified was to complete a Dispatch Needs Assessment and Capacity Improvement plan to support new public safety projects and initiatives. In October 2021, the City entered into a contract with Federal Engineering to conduct a Communications Center Needs Assessment and develop a five-year strategic plan.

In August, staff began preparation of a second pilot project - to mobilize the HEART program to address more appropriate response models for calls related to behavioral health (including substance abuse, mental illness, and homelessness. To assist in setting programmatic goals and response methods, staff undertook an analysis to better understand frequent system users, call types, call frequencies, and outcomes to inform and develop new program metrics and resource allocations. Staff has been unable to complete this analysis due to difficulties extracting and aggregating historical data from existing data systems with existing staffing resources and capacity. Staff is concerned that the existing data issues will inhibit ongoing program monitoring, reporting, and analysis. Additionally, during the Council work session on the six-month progress update (February 15, 2022) of the pilot projects, Council and public commenters raised questions about the availability of program data to ensure transparency and support program evaluation.

The proposed expanded scope of work from Federal Engineering (Attachment III) includes conducting a business process workshop to help City stakeholders understand each of the programs within HEART and the business process workflows required to support the capture of critical data. This project will define the data requirements, metrics, and reports necessary to measure the success of the programs in real-time and develop short- and long-term recommendations for improving the data collection, storage, and aggregation workflow to support project needs, as well as change management strategies to support their implementation.

Federal Engineering provides subject matter expertise in emergency communications center services and social innovation related to police/fire/EMS 9-1-1 services. Their experience

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includes assessing Emergency Communications Centers to enhance operations and upgrade public safety technology to meet the growing demands of the community and assist with the implementation of new behavioral health programs. Federal Engineering has identified subject matter experts and coordinated a team that will assist with computer aided dispatch, records management systems for police and fire, jail management systems, and other supporting technologies to support the HEART program challenges. Federal Engineering has over 50 consultants, specialists, and former first responders located in offices across the United States and Canada.

Since the City has an existing executed Agreement with Federal Engineering for the Communications/Dispatch Needs Assessment and Capacity Improvement Project, the City can execute an Amendment totaling $47,000 to that already existing agreement to broaden the scope of Federal Engineering’s work to include the HEART project data analysis.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Support Quality of Life. Specifically, this item relates to the development and implementation of the following projects:

Project 3, Part 3.a: Implement mental health comprehensive assessment teams CAT to provide targeted mental health services and avoid inefficient use of public safety resources; assess findings from pilot
Project 3, Part 3.b: Roll out permanent CAT program (outside of County)

FISCAL IMPACT
The amendment to the professional services agreement with Federal Engineering will increase the contract amount by $47,800. An increase in budget appropriation from the General Fund is required to amend the existing contract with Federal Engineering.

NEXT STEPS
If this item is approved, staff will amend the professional services agreement and increase the contract amount by $47,800 for a not-to-exceed amount of $112,722 to support public safety data systems improvements.

Prepared by: Shanalee Gallagher, Management Analyst
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

EXISTING PROFESSIONAL SERVICES AGREEMENT WITH FEDERAL ENGINEERING TO

EXPAND THE SCOPE OF WORK TO INCLUDE RESEARCH RELATED TO THE HAYWARD

EVALUATION AND RESPONSE TEAMS PROGRAM AND TO INCREASE THE CONTRACT AMOUNT BY $47,800, NOT-TO-EXCEED $112,722
WHEREAS, Council directed staff to implement a public safety community engagement project designed to gather further information and experiences from Hayward community members to inform future policy discussions; and WHEREAS, on November 1, 2021, the City entered into an Agreement with Federal Engineering Inc, an expert public safety communications consulting firm, for the development and execution of the dispatch needs assessment; and
WHEREAS, in December 2021, during the initial phases of needs assessment, it was determined that adjustments to the Federal Engineering Inc., contract were necessary to improve the City’s public safety data systems to support the City’s public safety pilot programs and improve the Hayward Communications Center data reporting; and WHEREAS, the recommended expanded scope of work is intended to help the City better understand the community and initiate discussions on how to appropriately deploy resources to address behavioral health response through data; and WHEREAS, the agreement with Federal Engineering Inc. will be amended to reflect the additional services and corresponding costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council that the City Manager is hereby authorized to negotiate and execute an amendment to an existing professional services agreement with the City and Federal Engineering for the expanded scope of work addressing data systems; and
FURTHER, BE IT RESOLVED that the City Council of the City of Hayward hereby amends Resolution 21-100, the budget resolution for the City of Hayward Operating Budget for FY 2022, and approves the appropriation of $47,800 from the General Fund

ATTACHMENT II

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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
Federal Engineering, Inc.
10560 Arrowhead Drive
Fairfax, VA 22030
703-359-8200
March 31, 2022
Submitted via email: [email protected]
Shanalee Gallagher, MPP
City of Hayward
777 B Street (3rd Floor)
Hayward, CA 94541
Dear Shanalee:

Federal Engineering, Inc. (FE) is pleased to submit this proposal to the City of Hayward, California, to provide business process workshops and a recommendations report.

Federal Engineering understands that the City has needs outside of the current contract scope.

During our time on-site gathering information, conducting interviews, and observing operations, our subject matter experts uncovered some areas of the project that require a greater analysis and definition to move the project forward. We will conduct a business process workshop focusing on the reporting requirements for the Hayward Evaluation and Response Teams (HEART) program.

We value the opportunity to continue serving as the City’s trusted advisor, providing consulting services, strategic analysis, and reports in support of enhancements to 9-1-1 service delivery. We believe our firm is your best choice because of FE’s exceptional and broad public safety dispatch experience nationwide. Our team includes former PSAP managers, first responders, and dispatchers with hands-on experience in police, fire, and ambulance communications, experience with agencies of all sizes, involvement with standards organizations, and knowledge of a broad range of systems.

As the founder of FE, I will participate in the negotiation of contractual issues. By my signature below, I hereby authorize submission of this proposal and bind Federal Engineering, Inc. to its terms and conditions for 90 days. If you have any questions regarding our response, please contact Jeffrey Paré, Business Development Director, by phone at 530-263-8541 or via email to [email protected]. We look forward to continuing our support of the City of Hayward.

Sincerely,
Ronald F. Bosco
President and Chief Executive Officer
Federal Engineering, Inc.

Attachment III
City of Hayward, California
Business Process Workshop
Copyright Protected Do Not Duplicate 1

SCOPE OF WORK
The City of Hayward requested support to set up a process for collecting HEART program data so they can review and assess effectiveness, program outcomes, and make changes as necessary for program success. FE’s experts will conduct a business process workshop, held virtually to facilitate participation, to help City stakeholders understand each of the programs within HEART and the business process workflows required to support the capture of critical data. This project will define the data requirements, metrics, and reports necessary to properly measure the success of the programs in real time.

The project includes the following tasks, which FE will complete in conjunction with the City’s Communications Center Assessment project tasks.
• Business Process Workshop
FE will lead a business process analysis workshop, to be held online, with program leaders and operational teams, as well as data analysists and stakeholders responsible for mining data, defining metrics, creating reports, providing support to, and reporting on program outcomes. Workshop attendees will address the following outcomes:
o Review the goals of the programs included within the HEART initiative o Define the metrics and key performance indicators (KPIs) required to measure the success of the programs
o Discuss the reports and dashboards required to properly communicate program progress
o Define the data required to produce the reports and dashboards o Discuss where and how the data will be captured and aggregated o Develop recommendations for enhanced data collection
• Recommendations Report
FE will prepare a report to help the City of Hayward focus on the steps required to meet the HEART program’s reporting requirements and goals. The report will describe where the City is now with required data and current reporting capabilities. We will outline recommendations to gather the required data, which may include workflow modifications, and define the necessary metrics for the City to meet reporting goals to support the HEART program. The report will include change management suggestions to assist with implementation of the recommendations.

FE will deliver the HEART Program Data Analysis Recommendations Report via email to the City of Hayward project Manager. FE will arrange a conference call to review the report with the City’s project manager.

City of Hayward, California
Business Process Workshop
Copyright Protected Do Not Duplicate 2

COST PROPOSAL
Firm Fixed Price
The total firm fixed price, including labor, travel, and other direct costs for the City of Hayward, California Business Process project is $47,833.

Hourly Rates
If required by the City of Hayward, FE can provide additional services in accordance with the rate schedule below.

SCHEDULE A
Effective January 1, 2022 through December 31, 2022
Director/Chief Consultant $ 265.00 per hour
Senior Consultant $ 220.00 per hour
Consultant $ 190.00 per hour
Senior Analyst $ 155.00 per hour
Analyst $ 115.00 per hour
Administrative / Computer Services $ 90.00 per hour
Proprietary Notice
This proposal, its contents, and appendices are proprietary to Federal Engineering, Inc. and shall not be disclosed to third parties without prior written permission from Federal Engineering, Inc. Should this proprietary notice conflict with any government procurement regulations, policies, or practices, the government procurement regulations shall take precedence.

Copyright© 2022 by Federal Engineering, Inc. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher.

Fairfax, Virginia
City of Hayward, California
Business Process Workshop
Copyright Protected Do Not Duplicate 3
Basis of our Proposal

1. FE will provide draft and final deliverables electronically to the City of Hayward, California.

2. This proposal assumes that the City’s project manager will schedule meetings, provide meeting facilities, notify attendees, and arrange for onsite visits.

3. Any optional or additional tasking will be authorized by mutual agreement of the City and FE.

Such tasking will be performed on a time and materials basis in accordance with the rates in Schedule A or on a fixed price basis as mutually agreed upon in a task order by the City and FE.

4. FE’s ability to fulfill this task depends, in part, on the willingness and ability of the City of Hayward, California and City participants, equipment vendors, service providers, third parties, and others to provide information in a timely manner, and upon the accuracy of the information as supplied. The accuracy of input data, whether provided in electronic or hard copy form, and the recommendations, actions, system designs, and system procurements resulting therefrom cannot, therefore, be warranted by FE nor can the performance, suitability, or reliability of said systems be warranted by FE. FE accepts no responsibility or liability to any third party in respect to any information or related content delivered by FE.

This information is subjective in certain respects, and, thus, susceptible to multiple interpretations and may be in need of periodic revisions based on actual experience and subsequent developments.

5. This proposal is based upon a start date on or before April 30, 2022 and assumes a two-month schedule to completion. Delays to the project schedule due to actions or lack of actions on the part of the City of Hayward, City of Hayward participants, third parties, and others will be brought to the attention of the City’s project manager in a timely manner and the schedule and cost impacts will be reduced to writing via a mutually agreed upon contract amendment.

6. In the event of a project delay by the City, FE reserves the right to invoice for efforts expended towards the completion of a task or deliverable and client agrees to paid said invoice.

7. This proposal assumes a mutually agreeable invoicing schedule for work completed.

8. Federal Engineering reserves the right to assign/reassign work efforts and associated costs across tasks and between our professional staff members in order to meet our contractual obligations to the City of Hayward.

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-219
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Vegetation Management Contract for Specific City Owned and Maintained Properties with Joe’s Landscape and Concrete for a Total Not-to-Exceed Amount of $315,000
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Vegetation Management Contract for specific City owned and maintained properties with Joe’s Landscape and Concrete in an annual amount of $105,000 for a total not-to-exceed amount of $315,000.

SUMMARY
Staff recommends extending the 2020 Council approved Vegetation Management Contract with Joe’s Landscape and Concrete to be consistent with the contract terms stated in the award letter issued to the vendor. The update in contract terms includes language to annually renew the 2020 contract, pending City satisfaction with the level of service for a period of three years, not-to-exceed five years through 2024. Since last year’s contract, Parcel Group 2 has been sold and removed from the scope of work.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Vegetation Management Contract for Specific City Owned and Maintained Properties with Joe’s Landscape and Concrete for a Total Not-to-Exceed Amount of $315,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Vegetation Management Contract for specific City owned and maintained properties with Joe’s Landscape and Concrete in an annual amount of $105,000 for a total not-to-exceed amount of $315,000.

BACKGROUND
In March 2020, the Maintenance Services Department conducted RFQ #2009-120219.1 to solicit quotes for Vegetation Management Services on specific City owned and maintained properties. A total of seven quotes were received. Council approved and awarded a one-year contract to the lowest bidder: Joe’s Landscape and Concrete on May 5, 20201. The award letter was issued to the vendor notifying them that the contract was approved and could be renewed annually for a period of three years not to-exceed five years with renewal contingent

1 CITY OF HAYWARD - File #: CONS 20-206 (legistar.com)

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upon the City’s satisfaction with said services. This report seeks authority to match the award letter issued to the vendor pursuant to the RFQ.

DISCUSSION
This report and resolution request an update to the authority Council previously provided in regard to this vendor. To be consistent with the award letter, the contract term will allow for annual extensions of the contract through 2024, pending continued City satisfaction with service. For 2022, eight parcels will be serviced, totaling 233 acres, as shown below:

Reference “1” is La Vista Park, which the City will continue to maintain ownership of.

Reference “3-9” are Route 238 surplus parcels, all pending planning, negotiation, or sale in the next several years. Reference “2” is missing from the list as Parcel Group 2 was sold last year.

For 2022, the contract has been adjusted to include additional acres. The vendor has provided an updated 2022 quote of $104,092.77, which was adjusted by the per acre price quoted in 2020, and a total contract not-to-exceed amount of $315,000. Future year service requirements will be reviewed annually, whereas the total number of annual acres requiring service will be recalculated each year, with that year’s requirement being shared with the vendor who will be asked to provide an updated quote, based on the per acre quote awarded in 2020.

STRATEGIC ROADMAP
This agenda item is not directly related to the Council’s Strategic Roadmap.

Ref Name of Parcel Status Est. Disposition
Timeline Acres
1 La Vista Park Design and Construction N/A 25
3 Parcel Group 3 Sale Agreement Executed 2022/2023 26
4 Parcel Group 4 Developer Solicitation 2023+ 79
5 Parcel Group 5
Sale Agreement Pending
Execution 2022/2023 37
6 Parcel Group 6 Developer Solicitation 2023+ 37
7 Parcel Group 7
Lower Portion Sold; Upper
Portion Developer Solicitation 2023+ 4.92
8 Parcel Group 8
Lower Portion under
Negotiation; Upper Portion
Developer Solicitation 2023+ 19
9 Parcel Group 9 Developer Solicitation 2023+ 5
233

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FISCAL AND ECONOMIC IMPACT
The budget for this contact was previously approved by the Council. No additional appropriation is required. No economic impact is associated with this item.

NEXT STEPS
If approved, the City will issue a three-year contract to Joe’s Landscape and Concrete in an annual amount of $105,000 for a total not-to-exceed amount of $315,000. This year’s work is scheduled to be completed no later than June 30, 2022.

Prepared by: Liz Sanchez, Management Analyst II
Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITYCOUNCIL
RESOLUTION NO. 22-
Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A VEGETATION AND RUBBISH MANAGEMENT CONTRACT FOR SPECIFIC CITY OWNED AND MAINTAINED PROPERTIES WITH JOE’S

LANDSCAPE AND CONCRETE FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $315,000
WHEREAS, the City of Hayward (“City”) manages and maintains seven Caltrans Route 238 Bypass surplus properties and La Vista Park; and
WHEREAS, vegetation management is completed annually to mitigate fire hazards by performing weed abatement, completing vegetation management, and creating defensible space; and
WHEREAS, among California’s three primary hazards, wildfire, and particularly wildland-urban interface (WUI) fire, has represented to third greatest source of hazard to California, both in terms of recent state history, as well as the probability of the future destruction of greater magnitudes than previously recorded; and WHEREAS, more recently, with the catastrophic wildfire events of 2017, 2018, 2019 fire has emerged as an annual threat; and
WHEREAS, a wildfire is defined here as any free-burning vegetative fire that initiates from an unplanned ignition, whether natural (e.g., lightning) or human-caused (e.g.; powerlines, mechanical equipment, escaped prescribed fires), where the management objective is full suppression; and
WHEREAS, an RFQ #2009-120219.1 was issued in March 2020 to solicit quotes for the required work; and
WHEREAS, seven companies submitted quotes for said work, with one company later withdrawing their quote; and
WHEREAS, the lowest quote for said 2020 work was from Joe’s Landscape and Concrete at $103,215 for 235 acres; and
WHEREAS, on May 5, 2020, the Council approved a one-year contract for Joe's Landscape and Concrete in an amount of $103,215 for 235 acres; and

ATTACHMENT II

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WHEREAS, Joe’s Landscape and Concreate performed the 2020 contract to the satisfaction of City staff; and
WHEREAS, on April 6, 2021, the Council authorized the City Manager to continue using Joe’s Landscape and Concrete for an additional year pursuant to the terms of RFQ for a total not-to-exceed amount of $104,092.27; and
WHEREAS, staff now seeks authority to continue working with Joe’s Landscape and Concrete pursuant to the terms of the RFQ for a three-year period, at the conclusion of which staff will issue a new RFQ.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward authorizes the City Manager to negotiate and execute a contract to Joe's Landscape and Concrete, in a form approved by the City Attorney, for a period of three years, and a total notto-exceed amount of $315,000 for Vegetation Management Services for seven Route 238 Bypass surplus properties and La Vista Park, totaling 233 acres.

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 22-220
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for a Trash Capture Device Installation on Cotter Way, Project No. 07675

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the plans and specifications for Project 07675, the installation of one Continuous Deflective Separator (CDS) trash capture device in the existing storm drain on Cotter Way, and calling for bids to be received on May 17, 2022.

SUMMARY
The proposed project would install a CDS unit in the existing storm drain under Cotter Way for trash capture from the storm water system as part of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board). The CDS unit creates a continuous swirl of stormwater to concentrate and separate trash and debris. This project will be funded by the Environmental Protection Agency (EPA) Water Quality Improvement Fund grant awarded to the City in January 2015.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Plans and Specifications and Calling for Bids for a Trash Capture Device Installation on Cotter Way, Project No. 07675

BACKGROUND
The Water Board adopted the current Municipal Regional Stormwater Permit (MRP 2.0) in December 2015. The MRP 2.0 covers storm water discharges from municipalities and local agencies (also called permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara counties, and the cities of Fairfield, Suisun, and Vallejo. Under the MRP 2.0, permittees were initially required to reduce trash from entering the waters of the state by 100% by 2022 from each jurisdiction’s Municipal Separate Storm Sewer Systems (MS4s). However, in the latest draft of the Municipal Regional Permit “MRP 3.0” the deadline for 100% storm trash reduction goal or no adverse impact to receiving waters from trash, has been extended to July 2025.

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In January 2015, Region 9 of the EPA awarded the City $800,000 to fund the Hayward YouthBased Trash Capture, Reduction, and Watershed Education Project. The four-year project includes a school curriculum for first through twelfth grade students for watershed and trash pollution awareness education, as well as engineered trash reduction facilities with the installation of large trash capture devices as a demonstration of the City’s commitment to trash reduction and compliance with the Water Board mandate. Work funded by the grant is largely complete. The proposed project on Cotter Way would spend the remainder of the grant funds and close out the project.

For further background regarding the EPA grant project and the City’s trash reduction mandate please refer to the Council Sustainability Committee reports entitled:
 USEPA Region IX Trash Reduction Grant (March 23, 2015)1  Update on EPA Trash Reduction Grant (December 10, 2015)2  Municipal Regional Permit 2.0 (March 14, 2016)3
 Municipal Regional (Stormwater) Permit-MRP 3.0 (March 14, 2022)4

DISCUSSION
This project will install one large trash capture device on Cotter Way in an existing storm drain box to treat storm water to partially meet the Water Board’s requirement. The installation of one CDS trash capture unit is part of the Hayward Youth-Based Trash Capture, Reduction, and Watershed Education Project. In 2021, City staff evaluated various locations and selected the Cotter Way location. The location is near the Alameda County’s flood control channel, a strategic location to install a trash capture device since it encompasses a large drainage for trash reduction and can be installed within the project budget. As a result, a large trash capture device at this location can capture trash from approximately 138 acres of storm water runoff area.

The City currently has a large CDS unit manufactured by Contech Stormwater Solutions (Contech) at the intersection of Tyrrell Avenue and West Tennyson Road, which was installed in 2012, and one installed on Patrick Avenue, which was installed in 2017. Contech is the only company that manufactures this type of device using the CDS technology and their product has been approved by the Water Board. Staff’s experience with the above projects has been successful both for trash capture and for maintenance ease. Staff believes that the Contech CDS unit is the most appropriate device to capture the trash from storm water runoff at Cotter Way. If approved, staff will purchase the Contech CDS unit directly from Contech and release a call for competitive bids to contractors to install the unit. Installation at the Cotter Way location will entail excavation in the street, installing the diversion box and CDS unit in-line with the storm drain, backfilling the area, and repairing the street to pre-construction

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=530699&GUID=176DAFD5-E4D9-4DB7-ACCE3FD49ED3900B&Options=info&Search=&Refresh=1 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=2530035&GUID=202918BE-E3DF-4B27-B9B8-80A8438039D5&Options=&Search= 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=2602635&GUID=EF759AB7-14B2-4440-9EFC-D53DE6583D0F&Options=&Search= 4 https://hayward.legistar.com/LegislationDetail.aspx?ID=5523059&GUID=7112B7B8-AC21-4EC5-9289-D35DC0FCDE01&Options=&Search=

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conditions. Prior to backfilling and street repair, the CDS unit will be leak-tested to assure water tightness at all the joints.

Long-term maintenance of the Cotter Way CDS unit will include an annual cleaning to remove the trash using the City’s Streets and Maintenance crew and equipment. The Cotter Way CDS unit cleaning will be scheduled typically in the spring or summer months prior to the rainy season.

Installation of the CDS is categorically exempt from CEQA review pursuant to Section 15301 of the CEQA Guidelines relating to minor alteration of existing public facilities.

ECONOMIC AND FISCAL IMPACT
The estimated project costs are as follows:

Design and Construction Administration - City Staff $15,000 Testing and Inspection Services $15,000
Construction Contract $260,000
Trash Capture Devices (Contech) $130,000
Administrative Change Order $25,000
Total: $445,000
The EPA Region 9 grant awarded the City $800,000, of which $740,000 was allocated to the purchase and installation of CDS units with the reoccurring $60,000 to the educational component of the program. Of the $740,000 allocation, $517,000 has already been spent on other trash capture device projects. The remaining $223,000 will partially fund the Cotter Way project. The difference of $222,000 will come from the Stormwater Fund.

STRATEGIC ROADMAP
This agenda item relates to the Strategic Priority of Improve Infrastructure. Specifically, this agenda item relates to the implementation of the following projects:

Project 17: Meet regulatory requirements for zero trash in stormwater by installing trash capture devices
Project 17a: Install trash capture devices
Project 17b: Perform related trash reduction activities

SUSTAINABILITY FEATURES
The CDS unit, along with the existing trash capture devices in the City’s storm drain system will help to limit the pollutants that enter local creeks and the San Francisco Bay.

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PUBLIC CONTACT
Prior to and during construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information. In addition, staff will work closely with residents on Cotter Way, to minimize potential impacts.

NEXT STEPS
If Council approves, staff will purchase the CDS unit from Contech and advertise the construction project for public bidding. Staff will return to Council for award of the construction contract after bids have been received and reviewed.

The following schedule has been developed for this project:

Receive Bids May 17, 2022
Award Construction Contract June 21, 2022
Complete Construction October 2022
Prepared by: Elisa Wilfong, Water Pollution Control Administrator Saeed Saebi, Associate Civil Engineer
Erik Pearson, Environmental Services Manager
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member

RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALLING FOR

BIDS FOR A TRASH CAPTURE DEVICE INSTALLATION ON COTTER WAY, PROJECT NO. 07675
WHEREAS, the City will undertake installation of one Continuous Deflective Separator (CDS) trash capture device in the existing storm drain on Cotter Way; and WHEREAS, the City will purchase the CDS unit directly from Contech as the only manufacturer of a CDS unit approved by the San Francisco Regional Water Quality Control Board.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that those, certain plans and specifications for the installation of a Continuous Deflective Separator (CDS) Trash Capture Device, Project No. 07675, on file in the office of the City Clerk, are hereby adopted as the plans and specifications for the project.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law.

BE IT FURTHER RESOLVED, that sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B Street, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, May 17, 2022, and immediately thereafter publicly opened and declared by the City Clerk in the Hayward City Hall Rotunda, located on the 1st Floor of City Hall, Hayward, California.

BE IT FURTHER RESOLVED, that staff is authorized to negotiate and purchase the CDS unit from Contech.

BE IT FURTHER RESOLVED, that the City Council will consider a report on the bids received at a regular meeting following the aforesaid opening and declaration of same.

BE IT FURTHER RESOLVED, that the City Council finds this project to be categorically exempt from CEQA review pursuant to section 15301 of the CEQA Guidelines relating to minor alteration of existing public facilities.

ATTACHMENT II

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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 22-249
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution to Execute a Side Letter Agreement Amending the Memoranda of Understanding between the City of Hayward Local IAFF 1909 to Adjust the 56-Hour Work Schedule That Council adopts a resolution (Attachment II) authorizing staff to execute a side letter agreement (Attachment III) amending the Memoranda of Understanding (MOU) between the City of Hayward and Hayward Firefighters, IAFF Local 1909, to adjust the 56-hour work schedule.

SUMMARY
In January 2010, the City of Hayward adopted an MOU with Hayward Firefighters, IAFF Local 1909 (L1909). The MOU between the City and L1909 states that sworn staff will work a 56-hour workweek and shall alternately be on duty for five 24-hour shifts, with a 24-hour duty period off between each shift.

Following the fifth duty shift scheduled, employees shall then be off for six consecutive calendar days.

New industry standards recommend focusing shift schedules to improve overall well-being. In January 2021, Council authorized a one-year schedule change pilot program with the intent to minimize staff contact and Covid-19 exposures. The pilot and proposed permanent schedule continue to be a 56-hour workweek; however, staff is on-duty for two consecutive 24-hour shifts, twice per week, with two calendar days rest between shifts.

Throughout the pilot program, staff have observed improved mental health and work-life balance. The L1909 side letter (Attachment III) proposes formalizing the pilot program as a permanent schedule adjustment.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter
CITY OF HAYWARD Page 1 of 2 Printed on 4/15/2022
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File #: CONS 22-249
CITY OF HAYWARD Page 2 of 2 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Fire Chief
SUBJECT: Adopt a Resolution to Execute a Side Letter Agreement Amending the Memoranda of Understanding between the City of Hayward Local IAFF 1909 to Adjust the 56-Hour Work Schedule

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing staff to execute a side letter agreement (Attachment III) amending the Memoranda of Understanding (MOU) between the City of Hayward and Hayward Firefighters, IAFF Local 1909, to adjust the 56-hour work schedule.

New industry standards recommend focusing shift schedules to improve overall wellbeing. In January 2021, Council authorized a one-year schedule change pilot program with the intent to minimize staff contact and Covid-19 exposures. The pilot and proposed permanent schedule continue to be a 56-hour workweek; however, staff is on-duty for two consecutive 24-hour shifts, twice per week, with two calendar days rest between shifts.

BACKGROUND AND DISCUSSION
In January 2010, the City adopted an MOU with L1909. Per the MOU, sworn staff will work a 56-hour workweek and shall alternately be on duty for five 24-hour shifts, with a 24-hour duty period off between each duty shift. Following the fifth duty shift scheduled, employees

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shall then be off for six consecutive calendar days. This schedule is known and referred to as a 5/6 schedule.

The side letter (Attachment III) proposes a new 56-hour/week work schedule and states all employees on a 56-hour work week will be on duty for two consecutive 24-hour shifts. All shifts will commence at 0800 and end at 0800 two calendar days later. Following the two consecutive 24-hour shifts, employees shall then be off for four consecutive calendar days.

This schedule structure is referred to as a 2/4 schedule.

Industry standards have pivoted from the 5/6 schedule in an effort to focus on employee health and happiness initiatives. The proposed 2/4 work schedule provides more quality rest and stronger resiliency for mental and physical health than the traditional 5/6 schedule. Additionally, the new schedule will align shift schedules with all neighboring jurisdictions, achieving better interoperability and collaboration with outside agencies.

In January 2021, Council authorized a one-year schedule change pilot program, with the initial intent to minimize sworn staff contact and unnecessary Covid exposures.

Throughout the pilot program, staff have observed improved mental health and overall well-being. The attached side letter in Attachment III formalizes the 2/4 schedule change to permanent status.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Organizational Health.

Specifically, this item relates to the implementation of the following project:

Project 20, Part 20.a: Employee Wellness during Covid-19; Develop and Implement a Citywide Safe Return to Work Strategy/Plan
Project 20, Part 20.d: Employee Wellness during Covid-19; Enhance and Implement a more rigorous Employee Wellness Program

FISCAL IMPACT
The City anticipates a reduction in overtime costs of approximately $100,000 annually. The new schedule decreases holdover time during the 0800 shift change. In addition, staff adjusted training schedules by consolidating classes and activities that minimize staff time on task and instructor costs, thus increasing operational efficiency.

NEXT STEPS
Upon Council approval, staff will finalize the side letter agreement and obtain the necessary review by the City Attorney and approval by the City Manager to execute it and implement these changes.

Prepared by: Shanalee Gallagher, Management Analyst

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Recommended by: Garrett Contreras, Fire Chief
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________

RESOLUTION TO EXECUTE A SIDE LETTER AGREEMENT AMENDING THE

MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF HAYWARD
LOCAL IAFF 1909 TO ADJUST THE 56-HOUR WORK SCHEDULE
WHEREAS, the City of Hayward adopted Memoranda of Understanding (MOU) with Local IAFF 1909 in January 2010 with a 56-hour work week; and WHEREAS, the Local IAFF 1909 proposed an adjustment in sworn staff’s 56-hour workweek to include two 24-hour shifts twice per week with two calendar days off between; and
WHEREAS, the Fire Department completed a one-year schedule change pilot program implementing the above changes to avoid unnecessary Covid-19 exposures and reduce overtime; and
WHEREAS, the new schedule was determined to improve employee physical and mental health as compared to the prior schedule; and
WHEREAS, the new schedule will align shift schedules with all neighboring jurisdictions, achieving better interoperability and collaboration with outside agencies; and WHEREAS, both parties agree to the side letter amendment outlining the adjustments and permanently adopting the schedule change.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward hereby approves the side letter permanently adjusting the 56-hour workweek for Hayward Fire Department sworn staff and directs staff to execute the letter.

ATTACHMENT II

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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
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 22-021
DATE: April 19, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director

SUBJECT
Sale and Development of Parcel Group 5, Bunker Hill: Proposed Development of a New Residential Subdivision with 74 New Single-Family Homes and Eighteen Accessory Dwelling Units and Related Site Improvements Requiring: (1) Introduction of an Ordinance Approving the Zone Change to Planned Development District, as well as Adoption of a Resolution Approving the Vesting Tentative Tract Map (8637), Application No. 202003054; and (2) Adoption of a Resolution Approving the Government Code Section 52201 Summary Report for the Project, and Authorizing the City Manager to Negotiate and Execute a Disposition and Development Agreement with Trumark Properties, LLC for Transfer of Specified City Owned Properties, Consistent with Prior California Environmental Quality Act (CEQA) Determinations

RECOMMENDATION
That the Council:

1. Introduces the Ordinance (Attachment II) approving the Zone Change to Planned Development District;

2. Adopts a resolution approving the Vesting Tentative Map and related environmental analysis (Attachment III); and

3. Adopts a resolution (Attachment IV) approving the Government Code Section 52201 Summary Report for the project (Attachment V) and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement (DDA) with Trumark Properties, LLC for transfer of specified City-owned properties and making specified findings consistent with prior CEQA determinations.

SUMMARY
After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that future development of the State Route 238 parcels located in Hayward align with the City’s land use policies and overall vision, the City CITY OF HAYWARD Page 1 of 3 Printed on 4/15/2022
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File #: PH 22-021
negotiated a Purchase and Sale Agreement (PSA) with Caltrans to assume responsibility for the sale of some of these properties to private developers. The City-controlled State Route 238 properties are divided into ten “parcel groups.” The 37.75-acre parcel group located west of the California State University Easy Bay (CSUEB) Campus between Carlos Bee Boulevard and Harder Road, referred to as “Parcel Group 5,” is the subject of this staff report. These parcels are “exempt surplus land” in compliance with the Surplus Lands Act (SLA) consistent with Government Code Section 37364, which was confirmed in a March 1, 2022, letter from the State of California Housing and Community Development Department (HCD).

In July 2019, the Council approved the Master Development Plan for Parcel Group 5 and the issuance of a Request for Proposals (RFP) from developers for development of Parcel Group 5. The RFP process was intended to facilitate the re-sale of the parcels through a competitive process to ensure the best price and land use for the City. Two proposals were received in response to the RFP, and, in December 2019, the Council authorized the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with the preferred developer, Trumark Properties, based on their proposal to construct a development consistent with the Master Development Plan.

The project proposed by the selected developer and applicant, Trumark Properties, includes a Zone Change from Residential Natural Preserve District and Open Space District to Planned Development (PD) District on Parcel Group 5, the 37.75-acre former Caltrans 238 site, to allow for development of a new 74- lot residential subdivision with eighteen accessory dwelling units deed restricted for very low-income households, consistent with the adopted Parcel Group 5 Master Development Plan.

The proposed PD District would allow for flexible development standards related to lot size, setbacks, and building height to cluster the residential development on the flattest portions of the site and to retain approximately half of the most environmentally sensitive areas of the site as open space. The proposed development also includes construction of approximately 3,000 lineal feet of the Foothill Trail along the eastern project boundary and a new roadway connector that would run northeasterly from Bunker Hill Boulevard to Carlos Bee Boulevard. Portions of the Trail and the roadway connector would be located on an easement on CSUEB-owned property. On March 24, 2022, the Planning Commission recommended that the Council approve the proposed project.

The proposed project is subject to approval of a DDA for transfer of Parcel Group 5 from the City to the developer, Trumark Properties, for $14 million, consistent with the Zone Change and Vesting Tentative Map. If the planning documents and DDA are approved, upon execution of the DDA, the City anticipates transferring the property to Trumark properties later this year and construction is projected to commence soon thereafter.

ATTACHMENTS
Attachment I Staff Report
Attachment II Ordinance
Attachment III Resolution - Zone Change, Vesting Tentative Map & CEQA Attachment IV Resolution - Section 52201 Summary Report & DDA Attachment V Government Code Section 52201 Summary Report CITY OF HAYWARD Page 2 of 3 Printed on 4/15/2022
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File #: PH 22-021
Attachment VI Tentative Tract Map Plans
Attachment VII Planned Development Plans
Attachment VIII Architectural Plans
Attachment IX Landscape Plans
Attachment X Alternative Affordable Housing Plan
Attachment XI Parcel Group 5 Master Development Plan Addendum Attachment XII CEQA Addendum Memo Prepared by LSA
Attachment XIII Local Transportation Impact Analysis Prepared by Kittelson & Associates Attachment XIV Technical Memo on the Proposed Bunker Hill/Carlos Bee Connector Prepared by Kittelson & Associates
Attachment XV Riparian Corridors Limits of Grading Section Drawings Attachment XVI March 24, 2022 Planning Commission Minutes CITY OF HAYWARD Page 3 of 3 Printed on 4/15/2022
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DATE: April 19, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Development Services Director SUBJECT: Sale and Development of Parcel Group 5, Bunker Hill: Proposed Development of a New Residential Subdivision with 74 New Single-Family Homes and Eighteen Accessory Dwelling Units and Related Site Improvements Requiring: (1) Introduction of an Ordinance Approving the Zone Change to Planned Development District, as well as Adoption of a Resolution Approving the Vesting Tentative Tract Map (8637), Application No. 202003054; and (2) Adoption of a Resolution Approving the Government Code Section 52201 Summary Report for the Project, and Authorizing the City Manager to Negotiate and Execute a Disposition and Development Agreement with Trumark Properties, LLC for Transfer of Specified City Owned Properties, Consistent with Prior California Environmental Quality Act Determinations

RECOMMENDATION
That the Council:

1. Introduces the Ordinance (Attachment II) approving the Zone Change to Planned Development District;

2. Adopts a resolution approving the Vesting Tentative Map and related environmental analysis (Attachment III); and

SUMMARY
After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that

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future development of the State Route 238 parcels located in Hayward align with the City’s land use policies and overall vision, the City negotiated a Purchase and Sale Agreement (PSA) with Caltrans to assume responsibility for the sale of some of these properties to private developers. The City-controlled State Route 238 properties are divided into ten “parcel groups.” The 37.75-acre parcel group located west of the California State University Easy Bay (CSUEB) Campus between Carlos Bee Boulevard and Harder Road, referred to as “Parcel Group 5,” is the subject of this staff report. These parcels are “exempt surplus land” in compliance with the Surplus Lands Act (SLA) consistent with Government Code Section 37364, which was confirmed in a March 1, 2022, letter from the State of California Housing and Community Development Department (HCD).

In July 2019, the Council approved the Master Development Plan for Parcel Group 5 and the issuance of a Request for Proposals (RFP) from developers for development of Parcel Group 5.

The RFP process was intended to facilitate the re-sale of the parcels through a competitive process to ensure the best price and land use for the City. Two proposals were received in response to the RFP, and, in December 2019, the Council authorized the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with the preferred developer, Trumark Properties, based on their proposal to construct a development consistent with the Master Development Plan.

The project proposed by the selected developer and applicant, Trumark Properties, includes a Zone Change from Residential Natural Preserve District and Open Space District to Planned Development (PD) District on Parcel Group 5, the 37.75-acre former Caltrans 238 site, to allow for development of a new 74-lot residential subdivision with eighteen accessory dwelling units deed restricted for very low-income households, consistent with the adopted Parcel Group 5 Master Development Plan.

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BACKGROUND
Parcel Group 5 was one of the 400 parcels purchased by Caltrans for the planned construction of the 238 Bypass Freeway project, which was abandoned in the 1970s. On January 12, 20161, the Council adopted Resolution No. 16-004, authorizing the City Manager to negotiate and execute an agreement with Caltrans to acquire 17 properties along the 238 Bypass Corridor to remediate blight; support transit-oriented, mixed-use development; and ensure redevelopment of the properties under a coherent plan that meets the City’s land use goals and other public purposes. As land is transferred and sold, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the 2016 agreement. The disposal of the 238 corridor properties to and by the City is authorized subject to conditions established by the Local Transportation Improvement Program (LATIP) statutes.

In addition to LATIP statutes, the proposed project is additionally consistent with the Surplus Lands Act (SLA). Per the SLA, as recently amended, the City must declare publicly owned land as either surplus or exempt surplus prior to the disposition process. While the transfers of the 238 corridor properties are subject to LATIP statutes, the City and HCD agreed to take a parcel group-by-parcel group approach to ensure that the proposed development of the remaining 238 properties are consistent with the SLA. To this end, Parcel Groups 3 and 5 were considered collectively, and based on the minimum affordability requirements of the SLA, a total of ten additional Accessory Dwelling Units (ADUs) deed restricted for very-low-income households (over and above the eight ADUs required per the adopted Parcel Group 5 Master Development Plan) were added to the proposed project. On February 3, 20222, the Council adopted Resolution No. 22-037 affirming the approach of combining Parcel Groups 3 and 5, and HCD concurred with the findings of the Resolution on March 1, 2022.

Master Development Plan & Developer Solicitation. On June 27, 20193, the Planning Commission reviewed the Draft Parcel Group 5 Master Development Plan and related Addendum and recommended that the Council adopt the Plan with the following recommendations: that the development be required to provide defensible/fire resistant landscaping, that utilities be maintained to existing residents, that the sizes of lots be compatible with existing, surrounding development, that the riparian and creek setbacks be consistent with Alameda County standards, and that additional analysis be conducted around the proposed Carlos Bee/Bunker Hill intersection.

1 January 12, 2016 City Council Meeting.
https://hayward.legistar.com/LegislationDetail.aspx?ID=2545810&GUID=E2696F73-E81C-438B-8B7B0F9DD081A836&Options=&Search= 2 February 3, 2022, City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5445846&GUID=82BBF7C7-FEFB-4A7EA062-7C2F31A2F332&Options=&Search= 3 June 27, 2019 Planning Commission Meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3993624&GUID=C781D105-AF12-4FCD-8ECDA9BCC26BF582&Options=&Search=

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On July 9, 20194, the Council adopted a resolution approving the Parcel Group 5 Master Development Plan5 and a related Addendum and authorizing the City Manager to Issue an RFP for the disposition and development of Parcel Group 5 (Bunker Hill). In accordance with the approval, the City issued an RFP and received two responses from Brookfield Homes and Trumark Properties. Following a thorough review of the proposals, staff recommended that the Council enter into an agreement with Trumark Properties to redevelop the site.

Exclusive Negotiating Rights Agreement. On December 3, 20196, Council adopted a resolution authorizing the City Manager to enter into an ENRA with Trumark Properties to develop the property in accordance with the approved Master Development Plan. On August 6, 2020, the applicant submitted the subject application, which is generally consistent with the approved Master Development Plan as detailed in the Policy Context/Code Compliance section below.

Cal State East Bay Easement. On December 14, 20217, the Council adopted a resolution authorizing the City Manager to negotiate and enter in an easement agreement with CSUEB for a roadway and utility connection from the project site to Carlos Bee Boulevard. The proposed easement will run along the northern boundary of the project site where the proposed Foothill Trail will meander from the project site onto CSUEB property and run parallel to the proposed roadway connector to terminate at Carlos Bee Boulevard.

Planning Commission. On March 24, 20228, the Planning Commission voted 4:3:0 to recommend that the Council approve the proposed project. Commission discussion centered on the alternative affordable housing plan, on-street parking, access to the site from Carlos Bee Blvd and Harder Road, traffic calming measures on surrounding streets, locations and heights of retaining walls, and the appropriateness of the proposed architecture.

Commissioners questioned the benefit of the proposed 18 deed restricted ADUs given the fact that the City cannot require that they be rented out, and voiced concerns about ongoing monitoring to ensure compliance if the units are rented out. Ultimately, three of the Commissioners voted against the project citing concerns about the alternative affordable housing plan with one Commissioner voicing specific concerns about the architecture in support for the denial. The approving Commissioners recommended that the Council consider using funds from the sale of the property to support development of affordable housing and encouraged the applicant to work with neighbors to limit on-street parking in front of existing homes and to use architectural finishes and colors to create a less stark and contemporary look from right-of-way. In response to this guidance, the applicant has elected to remove onstreet parking along an existing lot and to incorporate architectural elements as described in further detail in the Project Description section below.

4 July 9, 2019 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=4056936&GUID=D7F51DDE-0E1C-48E1-B235- 04CB3B32B939
5 Caltrans Parcel Group 5 Master Plan. https://www.hayward-ca.gov/sites/default/files/pdf/190717-parcel-group-5-master-developmentplan.pdf 6 December 3, 2019 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=4263967&GUID=6FB459D3-BCE8-497D8EA7-244E9DDD59DB&Options=&Search= 7 December 14, 2021 City Council Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5357660&GUID=2468E06A-331B-49A5- AC16-65EECBC1A7B5&Options=&Search=
8 March 24, 2022 Planning Commission Meeting. https://hayward.legistar.com/LegislationDetail.aspx?ID=5530200&GUID=7463D528-0C8B4682-BBFB-65843399E10D&Options=&Search=

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There were five public speakers, one who voiced support for the project and two who voiced support for aspects of the project. While supportive of the project in general, the commenters were critical of the proposed architecture and requested that on-street parking be limited in front of existing homes. A fifth public speaker voiced concerns about the Bunker Hill Blvd/Carlos Bee Blvd connection and requested that it be built in the first phase, which is consistent with the proposed project.

DISCUSSION
Existing Conditions. The approximately 37.75-acre development project site is comprised of ten parcels as shown in the table below:

Table 1. Property Details.

No. APN Owner Address
1 445-0270-054-02 City of Hayward 25373 Bunker Hill Court 2 445-0260-084-03 City of Hayward 25564 Maitland Drive
3 445-0260-109-04 City of Hayward 25472 Bunker Hill Blvd 4 445-0260-109-03 City of Hayward 25472 Bunker Hill Blvd 5 445-0250-041-01 City of Hayward 25777 Bunker Hill Blvd 6 445-0250-059-01 City of Hayward 25832 Bunker Hill Blvd 7 445-0260-018-03 City of Hayward 25673 Maitland Drive, 25721 Maitland Dr, 25675 Maitland Dr,
25685 Maitland Dr, 25697
Maitland Dr
8 445-0260-018-04 City of Hayward 25673 Maitland Drive
9 445-0250-060-01 City of Hayward Harder Road
10 445-0260-002-00 City of Hayward Harder Road
11 445-0260-109-02 Deborah Frederick 25450 Bunker Hill Blvd 12 445-0270-029-00 Thomas & Bernadette
Birt
25401 Bunker Hill Blvd
13 445-0260-084-02 Anthony Fidel 25588 Maitland Drive
14 445-0260-018-02 Kevin & Ruby Ng 25673 Maitland Drive The site is steeply sloped from the northeast to the southwest and contains two riparian corridors running along the northern and southern project boundaries. The site was previously developed with 32 single family homes which were vacated and demolished in 2019. The site is currently vacant and contains trees and shrubs, except for areas dedicated for existing right-of-way and utilities. There are four individually owned lots currently developed with single family homes within the boundaries of the project site. Four existing, developed properties (Property Nos. 11-14 in Table 1 above) would also be subject to the Zone Change to PD District.

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The site is bounded by Cal State East Bay-owned property and Carlos Bee Blvd to the north and east, open space and Harder Road on the south and Maitland Drive/Central Boulevard and residential neighborhoods on the west.

Project Description: The proposed project requires a Zone Change from RNP (Residential Natural Preserve) District and OS (Open Space) District to PD District and approval of a Vesting Tentative Map (Tract 8637). The proposed PD District would allow for flexible development standards to allow for clustered development in accordance with the adopted Parcel Group 5 Master Development Plan.

Of the approximately 37.75-acre site, approximately 18.51 acres would be retained as open space, including untouched riparian areas on the northern and southern boundaries of the project site. The remaining 19.24 acres within the boundaries of the project site would be developed with the proposed single-family subdivision, stormwater detention areas, roadway, and other site improvements.

The proposed Zone Change would provide flexible development standards by clustering development in the flattest areas of the site. Varying topography across the site makes application of one set of development standards with uniform lot sizes and setbacks such as those set forth in the RNP District difficult to impose for this site. Additionally, it would further reduce the development potential of the site due to the large lot requirements, large setbacks, and lower lot coverage requirements. The applicant is proposing to use the PD District designation to apply varying development standards and floor plans depending on the location of the home on the site (flat, uphill, downhill). A total of 10 lots are identified as flat lots - eight are located along Bunker Hill Court at the northern end of the site and two are located at the southern end of Bunker Hill Blvd (Lots 38 & 39). A total of 34 uphill lots are situated on the east side of Bunker Hill Blvd and Maitland Drive while 30 downhill lots are situated on the west side of Bunker Hill Blvd and Maitland Drive (Attachment VI, Tentative Map Sheet 6).

The proposed subdivision would include 74 single family lots ranging from 5,108 square feet to 23,402 square feet, with an average lot size of approximately 10,200 square feet resulting in an overall density of four lots per acre. The two and three-story single-family homes would range from 2,400 to 3,500 square feet in size. All of the homes would have four bedrooms and at least three bathrooms. The uphill and flat plans would have an option to add a fifth bedroom or loft. The uphill and downhill plan types would contain two car garages and the flat house types would contain a three-car garage; all driveways would accommodate at least two cars. Eighteen of the uphill homes would have one-bedroom Accessory Dwelling Units (ADUs) measuring approximately 430 square feet in size located within the footprint of the home. The ADUs would be deed restricted for low-income households as part of the Affordable Housing Plan (see additional discussion in the Affordable Housing Ordinance Section below).

The PD District would provide for variation on a lot-by-lot basis. Lot configuration, lot size, setbacks, building heights and building orientation would change depending on placement of the homes on flat, uphill or downhill slopes. The design is intended to minimize massing by

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building along the adjacent slope. Additionally, each of the house types (flat, uphill and downhill) would have two different floor plans while the uphill and downhill homes would have two different elevation types with two different color schemes each. Adjacent homes would have different elevations and colors schemes to add complexity from the right-of-way (Attachment VIII, Architectural Plans). The house designs would be modern with flat roofs, straight lines, recessed windows, substantial glazing to allow for views from the homes, vertical and horizontal design elements including balcony railings and score lines to emphasize the clean lines of the homes, and use of natural materials such as stucco and cement siding in white and shades of grey and brown with wood and stone elements. In response to Planning Commission direction, the applicant will update the architectural plans to include a warmer, earth tone colors, darker trim, and natural materials such as wood accents; create shadow depth on elevations by deepening build outs and projections; and use darker window frames. The variation in building standards, placement, building elevations, and colors are intended to reflect the surrounding topography and create variety and complexity from the right-of-way.

The proposed project would include rezoning of four existing, occupied single-family homes located within the boundaries of the project site (see Table 1, Property Nos. 11-14). The existing homes, which are surrounded by the proposed subdivision, are being included in the Zone Change to PD District, at the neighbors’ request, to allow the property owners to take advantage of the flexible development standards being offered to the new subdivision.

Specifically, the four parcels would be permitted to subdivide into two equal sized lots (ranging from 7,800 to 12,000 sq. ft. each) with future development on those lots subject to the setbacks, lot coverage, and building height in the RS District. With the four additional lots included, the average lot size would be approximately 10,180 sq. ft. , which is above the minimum 10,000 sq. ft. per lot threshold established by the Parcel Group 5 Master Development Plan and permitted under the applicable General Plan designation.

Parking. Parking would be provided in garages, driveways, and on street. The flat lots would have three car garages while the uphill and downhill designs would provide two car garages. All of the homes would have space for two cars in the driveway resulting in development of four to five on-site parking spaces per home (Attachment VII, Sheet C.2, Parking Plan, except as modified by proposed Conditions of Approval).

In response to Planning Commission direction and in conversation with neighbors, the applicant will remove proposed on-street parking along the privately owned residence located at 25450 Bunker Hill Blvd. With this modification, there will be a total of 81 on-street parking spaces would be provided on one side of Bunker Hill Blvd and one side of Maitland Drive. Parking can only be placed on one side of the street due to the narrowness of the existing streets and the desire to add a sidewalk as well as maintain adequate width for two parking lanes and fire access.

Circulation, Traffic Calming & Transportation Demand Management. Vehicular access to the subdivision from the west is from Central Boulevard and Maitland Drive to Bunker Hill Boulevard, and a new roadway connector from Bunker Hill Boulevard to Carlos Bee Boulevard on an established easement on CSUEB property at the northeast boundary of the

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project site. The new Bunker Hill/Carlos Bee intersection would be stop controlled and limited to right-in and right-out for vehicles. In addition, it would include a flashing beacon to facilitate safe pedestrian crossing (proposed Condition Nos. 128-129) across Carlos Bee Boulevard.

As noted above, the proposed development would include construction of sidewalks and onstreet parking along Bunker Hill Boulevard and Maitland Drive in addition to pavement rehabilitation and reconstruction along all project roadways; and installation of bulb-outs and on-street parking along Central Boulevard.

In addition to roadway improvements, the project would include construction of traffic calming features on surrounding roadways including but not limited to installation of bicycle facilities, stop signs and centerline striping on surrounding, existing streets. In addition, the applicant will be required to contribute funds to the Public Works Department to install additional neighborhood traffic calming measures as needed (Condition Nos. 130-138).

Further, the applicant will fulfill Transportation Demand Management requirements by paying into a fund to construct future pedestrian and bicycle improvements (such as filling in sidewalk gaps) in and near the project vicinity (Condition No. 139).

Foothill Trail. The proposed development also includes construction of approximately 3,000 linear feet of a 16-foot-wide component of the Foothill Trail along the eastern property line. Portions of the Trail would be located on the project site and portions of the Trail would meander onto an easement located on CSUEB property to the east of the project site (Attachment VI, Tentative Map, Sheet 3). The Trail would be accessed from a proposed hillside staircase between Lots 33 and 46 and from the new Bunker Hill Boulevard connector to Carlos Bee Boulevard.

The Trail would be designed with two six-foot wide paved travel lanes with two feet of decomposed granite shoulders on both sides and two overlook areas with benches, picnic tables, lighting, and interpretive signage (Attachment IX, Landscaping Plans, Sheet L2.2) consistent with Hayward Area Recreation District’s (HARD) Trail Master Plan. On-street Foothill Trail signage would be placed along Bunker Hill and Central Boulevards.

Per the proposed Trail Improvement Agreement, the trail would be constructed within 24 months of commencement of construction of the Foothill Trail Improvements. It would have a public access easement and would most likely be owned by the Geologic Hazard Abatement District (GHAD) and operated and maintained by HARD with funds from the formation of a Community Facilities District (CFD) or similar ongoing funding mechanism.

Landscaping and Tree Removals. According to the Arborist Report, 619 trees were evaluated in conjunction with the project; approximately two-thirds (416 or 67%) were found to be in poor condition, 148 (24%) were found to be in fair condition and 54 (9%) were found to be in good condition. Based on the assessment of the proposed development plan, a total of 498 trees would be removed and 121 trees would remain in place.

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According to the Landscape Plan, a total of 1,070 trees would be planted along property frontages and public right-of-way in order to mitigate the loss of existing trees and in accordance with Municipal Code requirements (Attachment IX, Landscape Plan, Sheet L1.1).

In addition to street trees, all front yards would be planted with a variety of large, medium and small shrubs, ornamental grasses, and ground covers (Attachment IX, Landscape Plan, Sheet L2.3)
There are no proposed new plantings in the riparian corridors. All new proposed tree plantings are located in disturbed portions of the site, along streets, or in yards and all plantings are either California-native or existing species found on the site per the arborist report. Proposed Condition No 25 (Attachment III) would require that the applicant develop two separate plant lists – one for the undeveloped open spaces and one for the areas that will be graded and compacted (yards, streets). The plant palette for the undeveloped open spaces shall only include California Native trees and understory while the other palette may include non-invasive, non-native plantings that will do better in the more constrained environment.

Policy Context and Code Compliance
Hayward 2040 General Plan: The proposed project site has a Suburban Density Residential General Plan land use designation and a small portion at the southern end of the site contains Parks and Recreation General Plan land use designation. The Suburban Density Residential land use designation allows for development of detached single family residential development generally on hillsides at a density of one to 4.3 units per acre. The General Plan notes that within this designation, “typical lot sizes generally range from 10,000 square feet to one acre. However, Planned Developments may include the clustering of units on smaller lots to preserve common open space.”
In addition to consistency with the General Plan land use designation, the proposed hillside development is consistent with the following goals and policies of the Hayward 2040 General Plan, including but not limited to the following:
 Policy Land Use (LU)-1.4 to encourage property owners to revitalize or redevelop abandoned, obsolete, or underutilized properties to accommodate growth.  Policy LU-3.6 to implement residential design strategies such as creating a connected block and street network, designing new streets with sidewalks, planting strips, street trees, and pedestrian-scaled lighting and ensuring that windows are provided on facades that front streets or public spaces.
 Policy LU-3.7 to protect the pattern and character of existing neighborhoods by requiring new infill developments to have complimentary building forms and site features.
 Policy LU-3.5 to encourage infill residential developments where individual parcels within the development may be developed at higher or lower densities than allowed by the General Plan provided that the net density of the entire site is within the allowable density range.

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 Land Use Goal LU-7 and numerous policies related to hillside development to preserve the rural and natural character of hillside development areas; to ensure that grading, building and landscaping design mitigates visual impacts and blends the development with natural features of the hillside; to require curvilinear streets that respect natural topography; to cluster development to preserve sensitive habitat and natural open space; and, to provide public trail improvements that link to regional open space and trails (Policy LU-7.2, LU-7.3, LU-7.5 and LU-7.6).

Zoning Ordinance & Parcel Group 5 Master Development Plan: The proposed project site is zoned RNP District and a small portion at the southern end of the site is zoned OS District consistent with the Parks and Recreation General Plan designation. The RNP District requires very large lots and setbacks inconsistent with the adopted Master Development Plan.

Therefore, the proposed Zone Change to PD District is necessary in order to allow for a range of lot sized and flexible development standards included in the Master Development Plan.

Pursuant to Hayward Municipal Code (HMC) Section 10-1.2505, the purpose of the PD District is to encourage development and redevelopment through efficient and attractive space utilization that is harmonious with characteristics of the land and incorporates open space, recreational opportunities; and to foster well designed development that incorporates a variety of housing types by allowing a diversification of uses, building architectural designs, lot sizes, yard areas and open spaces that may not be achievable under applicable zoning districts.

Table 2 below provides a comparison between the proposed development standards, the adopted Master Development Plan standards, and the applicable RNP District standards.

Table 2. Proposed Project Comparison with Applicable Standards Standard Proposed Project Parcel Group 5 Master
Plan
RNP District
Lot Size 5,108 sq ft to 23,402 sq ft with
average 10,255 sq ft lot
Average 10,000 sq ft lots 20,000 sq. ft.

Setbacks* -
Front Flat – 8 ft to 12 ft
Uphill – 10 ft to 74 ft
Downhill – 1 ft to 128 ft (with
minimum 4 ft easement behind
r-o-w)
-
20 ft
Sides All lots – Range of 5-5 ft
minimum on one side & 10 ft
minimum on the opposite side
-
30 ft combined side
yards with no side
yard less than 10 ft
Rear Flat – 21 ft to 241 ft
Uphill – 10 ft to 74 ft
Downhill – 15 ft to 178 ft
-
20 ft
Height Flat – 26 ft
Uphill – 15 ft to 48 ft
2-3 stories 30 ft

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Downhill – 15 ft to 36 ft
Lot
Coverage
9% to 40% - 30%
Unit Size
(avg)
3,020 sq. ft. 3,500 sq. ft. N/A
Parking Flats – 3 car garage + 2 car
driveway
Uphill & Downhill – 2 car
garage + 2 car driveway
2-3 car garage + 2 car
driveway
2 car garage when
there is parking on
one side of the street.
*Due to the varying topography, the setbacks are provided as a range with the smallest number being the minimum setback.

The benefits of the proposed development would include retention of approximately half of the project site as open space and construction of a portion of the Foothill Trail with steep staircases providing access, outlooks with picnic tables, benches, lighting, and wayfinding signage. In addition to construction of the Trail, the proposed development includes ongoing maintenance of the Trail through establishment of a CFD or similar assessment on the future development.

Hayward Foothills Trail: The project site is covered by the SD-7 (Special Design Overlay) District. The purpose of the SD-7 District is to ensure the development of a continuous trail on all Caltrans 238 Bypass properties. The proposed 16-foot-wide trail with amenities described above would exceed the standards set forth in the Overlay District.

Watercourse Ordinance & Riparian Corridors: HMC Chapter 9, Article 2 regulates activities in and along watercourses, which is defined as a stream, creek, waterway or land/property over which the City of Hayward has an easement for drainage purposes (HMC Section 9-2.01). Pursuant to HMC Section 9-2.50, the City Engineer shall ensure that proposed construction activities do “not impede, restrict, retard or change the direction of the flow of water in such watercourse and will not catch or collect debris carried by such water, and is not placed where the natural flow of the storm and flood waters will carry the structure or any part thereof downstream, and will not in his opinion damage, weaken, or reduce the effectiveness of bank to withhold storm and flood waters.” City staff has evaluated the proposed development and found that the proposed development is consistent with this criteria. Staff will further review the detailed construction plans and construction activities to ensure compliance with the Code requirements per standard procedures.

Attachment XV includes cross sections of the two riparian areas which are identified for stormwater drainage per the City’s Ordinance. These sections show screening criteria for permitting agencies which the applicant and staff used to determine extents of proposed development. The sections show the Ordinary High-Water (OHW) mark, the top of bank, the limits of the riparian forest and the edge of the riparian forest canopy relative to the limits of proposed improvements, grading and development. The locations of the OHW mark, top of bank, and edge of riparian vegetation were all assessed during multiple site visits by WRA and documented in Site Assessments. The Assessments found that if standard erosion control measures required by the State are adhered to that there would be no adverse impact to the

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riparian corridor. Those conditions are included as standard conditions of approval for all development projects.

The project’s avoidance of wetlands, streams and riparian vegetation is based on the detailed site assessment of the property completed by WRA which was based on methods delineation methods described by the U.S. Army Corps of Engineers (Corps) and relied upon in the State Water Resources Control Board’s State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State. The entire site was assessed for the presence of streams, wetlands and riparian vegetation. The two streams and surrounding riparian vegetation shown on the design drawings are the only jurisdictional features observed during the site visits and the proposed project avoids both of the intermittent streams and surrounding riparian vegetation.

There has been some discussion about whether Alameda County Flood Control District and Water Conservation District’s Creek Setback Criteria should be applied to this development.

City Staff regularly references the County’s creek setback criteria for guidance but are not bound by any requirements since the code is only applicable to unincorporated portions of the County. Staff has concluded that the regulations do not apply to this development because the creeks are not considered “watercourses” per Alameda County definitions. Specifically, a “watercourse” is defined in Alameda Code Section 13.12.030 to generally limit “natural channels” as those designated with solid or dashed blue lines on the USGS 7.5 minute quad maps and neither creek within the project site is identified on the USGS map. Finally, the purpose of a creek setback (Section 13.12.310) is, “to safeguard watercourses by preventing activities that would contribute significantly to flooding, erosion or sedimentation, would inhibit access for watercourse maintenance, or would destroy riparian areas or inhibit their restoration.” The City believes that the WRA assessments and proposed development accomplish this purpose.

The Friends of San Lorenzo Creek (FSLC) also inquired about who is responsible for cleaning up trash and debris along the corridors. Proposed Conditions of Approvals 69b and 148 (Attachment III) clarify that the developer would be responsible for removing trash and debris from the riparian corridors during and immediately following construction of the project and the Homeowners Association would be responsible for the task following completion of construction.

Affordable Housing: The proposed project is subject to the requirements set forth in HMC Chapter 10, Article 17, Affordable Housing Ordinance9. An applicant may satisfy the requirements of the ordinance by paying an affordable housing in lieu fee, including affordable units within the proposed development, or complying with additional alternatives pursuant to HMC Section 10-17.230.

9 Affordable Housing Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH1 0PLZOSU_ART17AFHOOR

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On July 9, 2019, the Council approved the Parcel Group 5 Master Development Plan, which included an Alternative Plan under which the Developer would comply with the AHO.

Specifically, the Alternative Plan, when coupled with the City's agreement with HCD regarding the affordability at the site, allows the developer to provide:
- Eighteen deed restricted ADUs for Very Low Income households in perpetuity in compliance with the SLA and Affordable Housing Ordinance; and - Payment of 50% of the Affordable Housing In-Lieu Fee on 90% of the total habitable square footage of the project.

The proposal is consistent with the Master Development Plan and SLA, and therefore meets the requirements set forth in the Affordable Housing Ordinance.

Regional Housing Need Allocation: Local jurisdictions report progress annually on meeting their Regional Housing Needs Allocation (RHNA) goals, which are included in the City’s Housing Element. The table below demonstrates progress made toward meeting Hayward’s RHNA goals for the period between 2015-2023 as of the last report year (2020), which is shown in the column titled “Reported 2020.” The State allows local jurisdictions to “report” the units when building permits are issued to construct the units. The “Approved” and “Pending Approval” columns provide an estimate of potential compliance by counting both entitled projects and projects going through the entitlement process.

Table 3. 2023 RHNA Goal Progress in the City of Hayward Income
Category*
Unit
Goal
Reported
2020 Approved Pending Approval
Estimated
Compliance
Estimated
Deficiency
Units % of Goal Units % of Goal Units % of Goal Units % of Goal Units % of Goal Very low 851 65 8% 226 27% 76 9% 367 43% 484 57%
Low 480 153 32% 199 41% 2 0% 354 74% 126 26%
Moderate 608 72 12% 78 13% 40 7% 190 31% 418 69%
*The City has achieved the Above Market Rate housing goals for the 2015-2023 RHNA cycle.

The proposed project will provide 74 Above Moderate Rate income units and eighteen deed restricted very low-income units. The City has already achieved its goal in the Above Moderate Rate income units; however, approval of the eighteen-deed restricted ADUs will increase compliance by about three and a half percent in the Very Low-Income category.

Parkland Dedication Requirements: HMC Chapter 10, Article 16, Property Developers – Obligations for Parks and Recreation10 sets forth requirements for private development based on residential unit count. Pursuant to HMC Section 10-16.21(a), residential subdivisions that contain 50 or more dwelling units shall dedicate land, pay in-lieu fees or provide a combination of both to satisfy Park and Recreation Obligations. Prior to approval, the project shall be referred to HARD for a recommendation.

10Parkland Dedication Requirements:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH1 0PLZOSU_ART16PRDEBLPARE

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Per HMC Section 10-16.20 and the current City’s Master Fee Schedule,11 the developer has a total obligation of $1,605,652 in park impact fees based on the unit type and count.

Table 4. Park Impact Fee Obligation
Unit Type* Number of Units Fee Per Unit Total
4+ bedroom 74 $21,698 $1,605,652
*ADUs under 750 sq. ft. are not subject to Park Fees.

Through the negotiation of the DDA for purchase of the site, the applicant is seeking a credit for their Park Fee because construction of the Hayward Foothill Trail is estimated to be $2.35 million. The estimate includes construction of the 16-foot-wide multi-use paved trail along with grading, retaining walls, landscaping, lighting, stairs from Bunker Hill Boulevard to the steepest part of the trail and site furnishings. In addition to construction of the public trail, the applicant will establish a CFD or similar funding mechanism for ongoing maintenance of the trail through property assessments.

On November 8, 2021, the HARD Board held a study session where they considered the proposed credit and recommended approval of the project to the Council.

Vesting Tentative Map Tract 8637: The proposed project includes a Vesting Tentative Tract Map (8637). The City of Hayward has adequate capacity to provide water and sanitary sewer services to the proposed development however the applicant will be required to upgrade water and sewer lines and to install a sewer pump station to serve portions of the development, as detailed in Engineering-related conditions of approval.

Access to the site would be provided through existing public streets that would be improved as part of the proposed project. Maintenance of publicly accessible trail, common site landscaping, and stormwater facilities would be funded through the Homeowners Association. However, the roadways and the sewer pump station would be publicly owned and maintained.

DISCUSSION
Staff believes that the proposed development is consistent with the adopted Master Development Plan for the site and that the Council can make the findings to approve of the proposed Zone Change and Vesting Tentative Map. The findings and conditions to support the recommendation for approval, as conditioned, are included in Attachment III, to this staff report.

Zone Change and Tentative Map: As described above, the proposed project includes a request for a Zone Change from RNP and OS districts to PD District to allow for a proposed development consistent with the adopted Parcel Group 5 Master Development Plan and applicable State Law. The Master Development Plan went through a robust outreach process

11 City of Hayward FY 2022 Master Fee Schedule: https://www.hayward-ca.gov/sites/default/files/documents/AdoptedFY22-Master-Fee-Schedule_0.pdf

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and was reviewed and approved by the Planning Commission and Council. Trumark responded to the City’s request for proposals for a development project consistent with the Master Development Plan and has stayed true to the intent of the Plan with the proposed development project. The proposed subdivision consisting of 74 lots ranging from just over 5,100 square feet to over 23,000 square feet with an average lot size of approximately 10,200 square feet would be in substantial harmony with the surrounding area and consistent with the density permitted under the Suburban Density Residential General Plan land use designation. The homes would be oriented and designed to match the lot’s location on flat, uphill or downhill slopes in order to minimize the size of the home from right-of-way and to maximize the development potential on the site. Inclusion of the four single family homes and allowing for lot splits and future development on those single-family lots consistent with the RS District standards is not inconsistent with the General Plan designation and would allow for existing property owners within the boundaries of the project site to benefit from the same flexibility as the developer.

The proposed development would create an environment of sustained desirability and stability in that it would result in development of a currently vacant and underutilized site with new, high end residential development, including eighteen Accessory Dwelling Units that would be deed restricted for Very Low-Income households. The proposed PD District modifications are adequately off-set by the construction of 18 deed restricted ADUs and payment of in lieu fees to leverage other affordable housing construction, retention of half of the site as open space, construction of approximately 3,000 linear feet of the Foothill Trail including stairs, outlooks and site furniture, and inclusion of a funding mechanism for ongoing maintenance of the Trail and the undeveloped hillsides.

As described above, the streets and utilities, as conditioned, would be adequate to serve the proposed development, and the applicant would be required to install or pay a fee to install traffic calming and transportation demand management measures intended to minimize impacts to surrounding neighborhoods. Per the conditions of approval, all public improvements including the complete installation of all street improvements, fencing, sanitary sewer, storm drainage, water system, underground utilities, streetlights etc., shall be completed prior to occupancy of each phase of the subdivision.

Overall, the proposed development is consistent with the Parcel Group 5 Master Development Plan and will further implementation of Strategic Priorities to redevelop the former Caltrans 238 parcels to support economic and community development.

Disposition and Development Agreement, 52200.2 Analysis, and 52201 Summary Report:

The following section summarizes: the key terms of the DDA; the findings from the 52200.2 analysis regarding Creation of Economic Opportunity/Common Benefit; and the major findings of the Government Code Section 52201 Summary Report required for the sale of the property.

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I. Key Findings of DDA
City staff recommends that the Council authorize the City Manager to enter into a DDA with the Developer with the following key terms:
 Parties – City of Hayward and the developer, Trumark Properties, LLC.  Purchase Price – $14,000,000 to be paid by the developer to the City in the form of cash payment, which includes $10,100,000 to be paid to Caltrans pursuant to the PSA and the remaining $3,900,000 to the City.
 Project Description – The Parcel Group 5 project will be consistent with the development application outlined above, including the Zone Change and Vesting Tentative Map.
 Land Transfer – Closing on the land transfer requires payment by the Developer of the full purchase price; approval of the mass grading and Phase 1 horizontal improvement permit; execution of the public and horizontal improvement agreement, including provision of bonds for all horizontal infrastructure; and a guaranty for the completion of the development, among other items.
 Development Schedule and Performance Milestones – The development is subject to performance milestones for close of escrow, commencement and completion of construction, and certificate of occupancy, among other milestones.  Infrastructure Phasing and Bonds – Infrastructure is phased, including a mass, corrective and rough grading and Phase 1 horizontal improvement permit, and then a subsequent horizontal improvement permit for all other street and utility backbone infrastructure work, but bonds for all horizontal infrastructure will be provided at close of escrow, along with a public and horizontal improvement agreement.  Vertical Guaranty – Guaranty for the completion of all development are also required and provided a close of escrow.
 Affordable Housing Agreement - The City will record a Regulatory Agreement against title to each of the 18 properties that include an affordable ADU. Under the agreement, the property owner must:
 Prior to leasing the unit, obtain City approval of income eligibility;  Request City approval of rent increases;
 Complete annual report confirming tenant’s income eligibility, monthly rent paid, and a list of all occupants;
 Allow the City to inspect the property and leasing records; and  Notify the City about sale of the property.

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To assist homeowners in complying with these requirements, the HOA will be required to contract with a Management Agent that will help with marketing the affordable units and calculating income eligibility.
 No Financial Assistance - The City will not make any form of direct or indirect financial contribution and will not be required to provide any other assistance to the developer.

II. 52200.2 Analysis - Creation of Economic Opportunity/Common Benefit The actions contemplated under the DDA will create economic opportunity in the Hayward community. Section 52200.2 of the California Government Code defines “economic opportunity” as any of the following:
(a) Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that create, retain, or expand new jobs, in which the legislative body finds that the agreement will create or retain at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of city, county, or city and county investment in the project after full capacity and implementation; (b) Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that increase property tax revenues to all property tax collecting entities in which the legislative body finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity;
(c) Creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment;
(d) Projects that meet the goals set forth in Chapter 728 of the Statutes of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans; and (e) Transit priority projects, as defined in Section 21155 of the Public Resources Code.

Under the DDA, the City is not providing any form of financial assistance to the Developer.

The City, however, has identified the following benefits, among others, that will be generated through the implementation of the DDA and that will create economic opportunity as defined in Government Code Section 52200.2.

Creation of Affordable Housing

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The creation of affordable housing to meet demonstrated affordable housing needs identified in the Housing Element of the City’s General Plan constitutes an economic opportunity. The proposed project will be subject to the requirements of the City's Affordable Housing Ordinance, and will thus increase, improve, or preserve the supply of quality affordable housing in the community. As stated above, the proposed development will create 18 affordable ADUs deed restricted for very-low-income households.

Creation of New Jobs
Under Section 52200.2(a), economic opportunity is achieved if an agreement results in the creation, retention or expansion of new jobs, at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of City investment in the project. As previously discussed, the City is not providing any financial assistance for the Proposed Project. Nevertheless, the sale of the Property under the DDA will result in job creation as a result of the anticipated construction of the project. During the construction of the Proposed Project, it is anticipated approximately 50-70 full-time equivalent (FTE) temporary construction jobs will be generated. Upon completion and full implementation, the Proposed Project is also anticipated to generate an estimated five permanent jobs without investment of City funds.

Public Purpose/Common Benefit
The transfer of the properties and construction of the proposed project will further the public purpose of economic development by creating jobs and affordable housing and contribute to the vibrancy in an area of the City that has suffered from historic underdevelopment as a result of the proposed and now defunct SR 238 freeway project.

III. Government Code 52201 Summary Report
Government Code Section 52201 authorizes the City to sell or lease property to which it holds title for the purpose of creating economic opportunity. The City must first secure approval of the proposed sale from the Council after a public hearing. A copy of the proposed DDA and a summary report that describes and contains specific financing elements of the proposed transaction is required to be available for public inspection prior to the public hearing. Staff prepared the Government Code Section 52201 Summary Report in compliance with the code (the “Section 52201 Summary Report). The Section 52201 Summary Report is attached to this report as Attachment V and is incorporated herein by this reference.

The Section 52201 Summary Report contains the following information:
 The cost of the DDA to the City, including land acquisition costs, clearance costs, relocation costs, and the costs of any improvements to be provided by the City, plus the expected interest on any loans of bonds to finance the agreement;  The estimate value of the interest to be conveyed, determined at the highest and best use permitted under the General Plan and zoning;

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 The estimated value of the interest to be conveyed in accordance with the uses, conditions and covenants, and development costs required under the proposed PSA, i.e., the fair reuse value of the property;
 An explanation of why the sale of the property will assist in the creation of economic opportunity; and
 If the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the general plan and zoning, then the City must provide as part of the summary an explanation of the reasons for the difference.

The conclusion of the Section 52201 Summary Report reflects that the estimated total cost to the City is projected to be lower than the purchase price received from the Developer. The City will receive $14,000,000 in compensation for the transfer of all of the Parcel Group 5 properties, which exceeds the appraised fair market value of the properties and is the estimated value of the property at its highest and best use.

Environmental Review: On July 9, 2019, the City Council reviewed and approved the Parcel Group 5 Master Development Plan and a related Addendum to the Hayward 2040 General Plan EIR (Attachment XI). The Addendum was prepared pursuant to CEQA Guidelines Section 15164 that “The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” As part of the approval of the Master Plan, the Council found that the proposed modifications to the General Plan EIR described in the Addendum would not require major revisions to the General Plan EIR due to new or substantially increased significant environmental effects.

Further, the analysis contained in the Environmental Checklist confirmed that the Master Plan development project was within the scope of the General Plan EIR, would have no new or more severe significant effects and that no new mitigation measures were required. As detailed above, the proposed Zone Change and Tentative Map application is consistent with the adopted Master Plan; therefore, no subsequent or supplemental EIR or further CEQA review is required prior to approval of the proposed project, as described in the Addendum.

On January 15, 2021, LSA and Kittelson prepared a memo evaluating the addition of four existing single-family homes to the Zone Change application to allow for subdivision of those lots into two lots each. According to the Memo (Attachment XII), no new impacts nor an increase in the severity of impacts would occur as a result of the project modification.

Moreover, as Accessory Dwelling Units (ADU) are ministerial under state law, the addition of ten ADUs in furtherance of the SLA does not trigger any additional CEQA review.

Following the Planning Commission, staff received correspondence from the Friends of San Lorenzo Creek and the San Francisco Bay Regional Water Quality Control Board questioning the proposed development in relation to the riparian corridors. As detailed in the Watercourse Ordinance & Riparian Corridors section above, the project’s avoidance of wetlands, streams and riparian vegetation is based on site assessments of the property completed by WRA. The

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assessments were based on delineation methods described by the Corps and relied upon in the State Water Resources Control Board’s State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State.

Specifically, the entire site was assessed for the presence of streams, wetlands and riparian vegetation. The two streams and surrounding riparian vegetation shown on the design drawings are the only jurisdictional features observed during that site visit. Per sections provided for the project (Attachment XV), the project is avoiding both of the intermittent streams and surrounding riparian vegetation. WRA concluded that if standard erosion control measures required by the State are adhered to throughout construction, there would be no adverse impact to the riparian corridor. Those conditions are included as standard conditions of approval for all development projects. Therefore, the proposed development will not result in an impact.

ECONOMIC IMPACT
The proposed development would have a positive economic benefit in that it would result in development of a currently vacant site with a high-end single family residential neighborhood, a new roadway connector, a segment of the Foothill Trail and open spaces that will beautify the site and increase property values in the area.

The proposed development is expected to attract up to 74 high end market rate income households and up to 18 additional very low-income households whose expenditures would increase retail sales in the City. Development of the project is also expected to generate up to 50-70 temporary construction jobs.

STRATEGIC ROADMAP
The proposed project supports the Strategic Priority of Grow the Economy. Specifically, this item relates to the implementation of the following project(s):

Project 5, Part 5a and 5b: Facilitate disposition and development of Route 238 Corridor lands; finalize planning on redevelopment of six of the remaining parcel groups; and, finalize disposition and development agreements for all parcels.

FISCAL IMPACT
The $14,000,000 in sales proceeds will be utilized by the City to repay Caltrans $10,100,000 as required under the PSA and the $3,900,000 in excess to sales proceeds will be retained by the City. Additionally, the City will receive approximately $2,000,000 in affordable housing in-lieu fees consistent with the Affordable Housing Plan for a total of approximately $5,900,000 in cash contributions to the City.

Based on projections provided by the developer, the construction valuation of the project is estimated at $89,000,000. According to an estimate based on the City of Hayward Fiscal Impact Model (2018) prepared by Applied Development Economics, Inc. the project would generate

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about $197,000 in annual revenue from taxes including property, real property transfer and other taxes and would generate approximately $182,000 in annual costs related to City services including but not limited to Fire, Police, Library, Maintenance Services, resulting in a net positive impact of approximately $15,000 per year.

SUSTAINABILITY FEATURES
The proposed project will comply with the City’s Reach Code for new residential development.12 The Reach Code prohibits natural gas connections and requires installation of an EV Ready space within each garage. Further, the project will include solar on all homes, installation of energy star appliances, tankless water heaters and low flow plumbing fixtures, pre-manufactured walls for construction, recycled building materials and compliance with other Cal Green requirements.

PUBLIC CONTACT
Throughout the Master Development Plan process, staff held neighborhood and communitywide meetings on the Route 238 Corridor Lands Development projects in general. In addition to these large-scale community meetings, staff met with several neighborhood groups and individuals to garner additional feedback. The feedback from the meetings consistently revolved around the following issues:

1. Maintaining the rural character of the neighborhood, with neighbors expressing support to maintain existing zoning.

2. Constructing new public amenities like the Foothill Trail

3. Preserving open space for wildlife

4. Providing adequate on and off-street parking for residents and guests

5. Minimizing traffic impacts on surrounding neighborhoods

6. Constructing additional site access for construction activities and new vehicular access for the final development via extension of Bunker Hill Blvd to Carlos Bee Blvd.

On or around August 18, 2020, a Notice of Receipt of Application was mailed out to 1,089 property owners, residents, and businesses within 300 feet of the project site as well as people who asked to be notified about development on the Caltrans parcels.

Following submittal of the entitlement application, the applicant and staff held several community meetings and individual meetings with neighbors to review the proposed plans, take comments and answer questions. In the past several months, City staff and the developer have met with the surrounding neighbors on multiple occasions to provide project updates and listen to community concerns which continue to center on parking, minimizing spillover traffic and concern with change in character of the neighborhood. As detailed in the Project Description below, the project will include a combination of on-site and street parking that exceeds Municipal Code requirements, the applicant will install and fund traffic calming and multi-modal transportation improvements intended to slow down and divert traffic from

12 Hayward Reach Code. https://www.hayward-ca.gov/reach-code

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neighborhoods and will install an extension and new connector at Carlos Bee Blvd and Bunker Hill Blvd with controlled access to ensure safety.

Following the Planning Commission public hearing, staff received correspondence from the Friends of San Lorenzo Creek (FSLC) requesting additional information about the proposed development and providing recommendations for the development. Please see Watercourse Ordinance & Riparian Corridors for a response to comments about development and trash and debris removal along the riparian corridors and Landscaping and Tree Removals for a response to comments about non-native plantings along the riparian corridors. Additional comments from FSLC related to creek access, which will not be provided with the proposed development; and, storm drainage maintenance, which were referred to the Maintenance Division and will be addressed once it is evaluated by staff.

On April 8, 2022, notices of this public hearing were sent to all property owners and residents within a 300-foot radius of the project site; the Caltrans 238 contact list and all individuals who requested to be notified about the project; was posted at the Alameda County Clerk Recorder’s Office; and was published in The Daily Review.

NEXT STEPS
If the planning documents and DDA are approved, upon execution of the DDA, the City anticipates transferring the property to Trumark properties later this year and construction is projected to commence soon thereafter.

Prepared by: Leigha Schmidt, Acting Principal Planner
Jennifer Ott, Assistant City Manager/Development Services Director Recommended by: Jennifer Ott, Assistant City Manager/Development Services Director Approved by:
______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II
ORDINANCE NO. 22-_
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING

ORDINANCE) OF THE HAYWARD MUNICIPAL CODE REZONING

CERTAIN PROPERTY TO PLANNED DEVELOPMENT DISTRICT IN

CONNECTION WITH ZONE CHANGE, VESTING TENTATIVE MAP AND
DISPOSITION AND DEVELOPMENT AGREEMENT APPLICATION NO.
202003054 FOR PARCEL GROUP 5 BUNKER HILL DEVELOPMENT BY

TRUMARK PROPERTIES LLC
WHEREAS, on April 19, 2022, the City Council held a public hearing and adopted findings in support of the requested Zone Change, Tentative Map, Government Code Section 52201 Summary Report and Disposition and Development Agreement as set forth in the companion Resolutions (No. 22-___ and No. 22-___, respectively);

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions.

Chapter 10 of the Hayward Municipal Code is hereby amended to rezone the parcels located at 25373 Bunker Hill Court (Assessor Parcel No. (APN) 445-0270-054-02), 25564 Maitland Drive (APN 445-0260-084-03), 25472 Bunker Hill Blvd (APN 445-0260-109-04), 25472 Bunker Hill Blvd (APN 445-0260-109-03), 25777 Bunker Hill Blvd (APN 445-0250- 041-01), 25832 Bunker Hill Blvd (APN 445-0250-059-01), 25673 Maitland Drive (APN 445- 0260-018-04), 25673 Maitland Drive/25721 Maitland Dr/25675 Maitland Dr/25685 Maitland Dr/25697 Maitland Dr (APN 445-0260-018-03), Harder Road (APNs 445-0250- 060-01 and 445-0260-002-00), 25450 Bunker Hill Blvd (APN 445-0260-109-02), 25401 Bunker Hill Blvd (APN 445-0270-029-00), 25588 Maitland Drive (APN 445-0260-084-02) and 25673 Maitland Drive (APN 445-0260-018-02) to Planned Development District, subject to the findings and conditions of approval set forth in the companion Resolution (No. 22-___) to this Ordinance.

Section 2. Severance.

Should any part of this ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid or beyond authority of the City, such decision shall not affect the validity of the remainder of this ordinance, which shall continue in full force and effect, provided the remainder of the ordinance, absent the excised portion, can be reasonably interpreted to give effect to intentions of the City Council.

Section 3. Effective Date.

This ordinance shall become effective immediately upon adoption.

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INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2022, by Council Member __________________________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the _____ day of _____, 2022, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: _______________________________________
Mayor of the City of Hayward
DATE: _____________________________________________
ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-___
Introduced by Council Member __________

RESOLUTION APPROVING ZONE CHANGE AND VESTING TENTATIVE MAP (TRACT 8637) FOR DEVELOPMENT OF PARCEL GROUP 5, BUNKER HILL

BOULEVARD SUBJECT AND RELATED ENVIRONMENTAL ANALYSIS FOR

TRUMARK HOMES, LLC/CITY OF HAYWARD (APPLICANT/OWNERS)
WHEREAS, on August 6, 2020, Heide Antonescu, on behalf of Trumark Homes, LLC submitted Zone Change and Vesting Tentative Map (8637) Application No. 202003054, to subdivide the approximately 37.75-acre site referred to as Parcel Group 5, Bunker Hill with 74 single family homes, eight of which would include Accessory Dwelling Units (ADUs) that would be deed restricted for Very Low-Income Households, in accordance with the adopted Master Development Plan. The proposed development requires approval of a Disposition and Development Agreement for various City-owned properties located at 25373 Bunker Hill Court (Assessor Parcel No. (APN) 445-0270-054-02), 25564 Maitland Drive (APN 445-0260- 084-03), 25472 Bunker Hill Blvd (APN 445-0260-109-04), 25472 Bunker Hill Blvd (APN 445- 0260-109-03), 25777 Bunker Hill Blvd (APN 445-0250-041-01), 25832 Bunker Hill Blvd (APN 445-0250-059-01), 25673 Maitland Drive (APN 445-0260-018-04), 25673 Maitland Drive/25721 Maitland Dr/25675 Maitland Dr/25685 Maitland Dr/25697 Maitland Dr (APN 445-0260-018-03), Harder Road (APNs 445-0250-060-01 and 445-0260-002-00); and WHEREAS, on January 12, 2016, the City Council adopted Resolution No. 16-004, authorizing the City Manager to negotiate and execute an agreement with Caltrans to acquire properties along the 238 Bypass Corridor to remediate blight; support development of residential and mixed-use development; and to ensure redevelopment of the properties under a coherent development plan that meets the City’s land use goals and other public purposes; and
WHEREAS, on July 9, 2019, the City Council adopted a resolution approving the Parcel Group 5 Master Development Plan, a related Addendum prepared pursuant to the California Environmental Quality Act (CEQA) and authorizing the City Manager to Issue a Request for Proposals for the disposition and development of Parcel Group 5, Bunker Hill. The Addendum was prepared pursuant to CEQA Guidelines Section 15164, and the analysis confirmed that the Master Plan development project was within the scope of development envisioned in the General Plan EIR, would have no new or more severe significant effects and that no new mitigation measures are required; and
WHEREAS, following approval of the Parcel Group 5 Master Plan, the City issued a Request for Proposals and received two responses from Brookfield Homes and Trumark Properties, LLC. Following a thorough review of the proposals, staff recommended that the Council enter into an agreement with Trumark Properties, LLC to redevelop the site; and

ATTACHMENT III

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Hayward City CouncilApril 19, 2022

Hayward City Council
April 19, 2022