Council Packet — Hayward City Council, June 21, 2022 (part 1 of 3)

Tuesday, June 21, 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

June 21, 2022City Council Agenda

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

How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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:

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/82697325767?pwd=MEhBV3IxM29VWXhhNTExaFZwYUlydz09 Meeting ID: 826 9732 5767
Password: CC6/21@7pm
or
Dial: +1 669 900 6833 or +1 346 248 7799 or 833 548 0282 (Toll Free) Meeting ID: 826 9732 5767
Password: 4425238971
A Guide to attend virtual meetings is provided at this link: https://bit.ly/3jmaUxa CALL TO ORDER: Mayor Halliday
Pledge of Allegiance: Council Member Wahab

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

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June 21, 2022City Council Agenda

PRESENTATION
Certificate of Commendation Presented to Hayward Chamber of Commerce President and CEO Kim Huggett

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 your 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, your item 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.

CITY COMMISSIONS
Hayward Youth Commission: Adopt a Resolution Confirming the Appointment of Hayward Youth Commission Members
(Report from City Clerk Lens)
APPT 22-0011.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Affirming the City’s Support for the Library Bill of Rights, the Freedom to Read Statement, and the
Freedom to View Statement (Report from Library Director Addleman)
ACT 22-0682.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III LC Letter of Support
Attachment IV ALA Library Bill of Rights
Attachment V ALA Freedom to Read Statement
Attachment VI ALA Freedom to View Statement

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.

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June 21, 2022City Council Agenda

CONSENT
Approve the City Council Meeting Minutes of the City Council Meeting on June 7, 2022
MIN 22-0843.

Attachments: Attachment I Draft Minutes 6/7/2022
Adopt a Resolution (1) Authorizing the City Manager to Amend the Agreement with Tyler Technologies to Extend the Term of the Contract for Six Months and Reflect Revised Tasks, and (2) Authorize the Transfer of $150,000 to Cover Previously
Authorized and Appropriated Project Budget
CONS 22-3524.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Amend the FY2022 Operating Budget for the Development Services
Department Building Division for Outside Plan Check, Building Inspection, and Permit Technician Services
CONS 22-3555.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Awarding a Contract to GSW Construction, Inc., for the Trash Capture Device Installation on Cotter Way Project No. 07675 in the Amount of $188,600, Approving
$18,900 Construction Contingency Budget, and Appropriating an Additional $70,000 to the Project
CONS 22-3586.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Awarding the Construction Contract to Rosas Brothers Construction, Inc., for the FY22 Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05318 in an Amount Not-to-Exceed $752,392
CONS 22-3607.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Districts Map
Attachment IV District 2 & 3 Site Map

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June 21, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for Wastewater
Arrearages in an Amount Not-to-Exceed $744,389
CONS 22-3648.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution of Intention to Preliminarily Approve the Engineer’s Report and Assessments for Fiscal Year 2023 for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18, and Set July 5, 2022, as the Public Hearing Date
CONS 22-3669.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Engineers Report
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2023 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set July 5, 2022, as the Public Hearing Date
CONS 22-36910.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Engineer's Report MD1
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy and Assessments for Fiscal Year 2023 for Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set July 5, 2022, as the Public Hearing Date
CONS 22-37111.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Engineer's Report MD2

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June 21, 2022City Council Agenda
Adopt Resolutions Authorizing the City Manager to Establish a Communications Operator Lateral & Entry Level (COLE) Hiring Bonus Program in the Amount of $10,000 per Qualified
Candidate and Authorizing the Establishment of a Hiring Incentive Referral Program (HIRP) in the Amount of $2,000 to Be Paid to Qualifying City of Hayward Employees Who
Successfully Refer Communications Operator Candidates
CONS 22-37012.

Attachments: Attachment I Staff Report
Attachment II COLE Bonus Program Resolution
Attachment III COLE HIRP Resolution
Attachment IV COLE Hiring Bonus Agreement
Attachment V HIRP Referral Application
Adopt a Resolution Authorizing an Amendment to the FY 2022 Operating Budget for Fleet Management Fund (Fund 735) to Increase the Annual Appropriation in the Maintenance Services Department Budget by $195,000 Through Use of Existing
Funds
CONS 22-39013.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold
Continued Teleconferenced Public Meetings Pursuant to AB 361
CONS 22-39514.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit A
Adopt a Resolution Calling for the City of Hayward General Municipal Election to be Consolidated with the General
Election to Be Held on November 8, 2022, for the Purpose of Electing Two Council Members and One Mayor for Full Terms of Four Years; and Adopt a Resolution Setting Regulations for Candidates Pertaining to Candidate Statements
CONS 22-39915.

Attachments: Attachment I Staff Report
Attachment II Election Resolution
Attachment III Candidate Statement Resolution
Attachment IV General Municipal Election Calendar

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June 21, 2022City Council Agenda

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

Police Department Dash Cameras: Work Session to Review a Proposed Hayward Police Department Capital Improvement
Project Regarding the Purchase of Axon Fleet Vehicle Dash Cameras with Automated License Plate Reading (ALPR)
Technology (Report from Police Chief Chaplin)
WS 22-02416.

Attachments: Attachment I Staff Report
Attachment II Policy 429

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June 21, 2022City Council Agenda

LEGISLATIVE BUSINESS
Military Equipment Use Policy: Introduction of an Ordinance Approving Military Equipment Use Policy No. 706 Regarding the Hayward Police Department’s Funding, Acquisition, and Use of “Military Equipment,” as Defined by Assembly Bill 481 (Report from Police Chief Chaplin)
LB 22-01617.

Attachments: Attachment I Staff Report
Attachment II Military Equipment Use Policy 706
Attachment III Ordinance
Attachment IV Equipment List
Unrepresented Salary and Benefits: Adopt a Resolution
Amending the Salary and Benefits Resolution for
Unrepresented Executives, Management, City Manager, Human Resources, and City Attorney Employees (Report from
Assistant City Manager/Interim HR Director Youngblood)
LB 22-01418.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Unrepresented Salary and Benefits Resolution Council-Appointed Officers’ Employment Agreements: Adopt Resolutions Approving Amendments to the Employment
Agreements Between the City of Hayward and the City
Attorney, City Clerk, and City Manager and Authorizing the Mayor to Execute the Agreements (Report from Assistant City Manager/Interim HR Director Youngblood)
LB 22-01519.

Attachments: Attachment I Staff Report
Attachment II Resolution - City Attorney
Attachment III Resolution - City Clerk
Attachment IV Resolution - City Manager
Attachment V Contract Amendment - City Attorney
Attachment VI Contract Amendment - City Clerk
Attachment VII Contract Amendment - City Manager

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).

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June 21, 2022City Council Agenda

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, June 28, 2022, 7:00 PM

PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their address 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.

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.

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 22-001
DATE: June 21, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Hayward Youth Commission: Adopt a Resolution Confirming the Appointment of Hayward Youth Commission Members

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) confirming the appointment to the Hayward Youth Commission of six (6) voting members and eleven (11) alternate members.

SUMMARY
The City conducted its annual recruitment for the Hayward Youth Commission (HYC) between March 11, 2022 and May 20, 2022, and a panel of representatives from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and the Hayward Unified School District (HUSD)) reviewed forty-nine (49) applications and interviewed forty-one (41) eligible applicants on June 2, 2022.

The panel selected a total of seventeen (17) regular voting and alternate members.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 1
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DATE: June 21, 2022

TO: Mayor and Council Members

FROM: City Clerk

SUBJECT: Hayward Youth Commission: Adopt a Resolution Confirming the Appointment of Hayward Youth Commission Members

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) confirming the appointment to the Hayward Youth Commission of six (6) voting members and eleven (11) alternate members.

SUMMARY

The City conducted its annual recruitment for the Hayward Yo uth Commission (HY C) between March 11, 2022, and May 20, 2022, and a panel of representativ es from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and the Hayward Unified School District (HUSD)) reviewed forty-nine (49) applications and interviewed forty-one (41) eligible applicants on June 2, 2022. The panel selected a total of seventeen (17) regular voting and alternate members.

BACKGROUND

On June 2, 2022, an interview panel comprised of representatives from the three local public agencies (Ci ty of Hayward, HARD, and HUSD) interviewed forty-one candidates to fill vacancies on the HYC. The agency representatives were: Council Member Francisco Zermeño and Council Member Salinas from the City of Hayward; Board Vice-President Rick Hatcher and Board Director Peter Rosen from HARD; and Board Vice-President Peter Bufete a nd Board Clerk Gabriel Chaparro from HUSD.

The interview panel unanimously selected seventeen regular voting and alternate members as provided in Table 1 and Attachment II. It is wor th n oting that, three former alternate members (*) who were seeking to continue serving on the HYC, were promoted to voting members. The panel also discu ssed the attendance of a voting member who was recommended to continue serving and declared the seat of one voting member vacant due to attendance concerns.

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TABLE I: Selected Voting and Alternate Members
VOTING

MEMBER SCHOOL SUCCEEDS TERM

EXPIRES
Diego F. Barcenas (*) Impact Academy of Arts & Technology Ivan Arroyo 6/30/2024 Crystal Guerrero-Lopez Tennyson High School Joshua Linares 6/30/2024 Shreya K. Rathaur Martin Luther King Jr. Middle School Jema J. Reyes 6/30/2024 Penelope L. Reynoso Hayward High School Dulce Rivera Flores 6/30/2024 Alicia C. Saenz (*) Leadership Public School Sruthy Sabesan 6/30/2024 Ananya Suresh (*) Challenger School Ardenwood Myldret Vazquez-Bejar 6/30/2024

ALTERNATE

MEMBER SCHOOL
TERM

EXPIRES
Hulissa H. Aguilar Arroyo High School 6/30/2023
Josue S. Barrera Martin Luther King Jr. Middle School 6/30/2023 Taylor Y. Chaplin Bishop O' Dowd Catholic High School 6/30/2023 Giselle De Casas Winton Middle School 6/30/2023
Damian A. Diaz Bret Harte Middle School 6/30/2023
Isa Yusuf Khan Cesar Chavez Middle School 6/30/2023
Zoe N. Kyama Anthony Ochoa Middle School 6/30/2023
Liliana Lopez Ceja Silver Oak High School 6/30/2023
Britany Ruiz Impact Academy of Arts & Technology 6/30/2023 Ronak Sharma Leadership Public School 6/30/2023
Michael D. Williams Jr. San Leandro High School 6/30/2023 *Former alternate members promoted to voting members

TABLE II: Current Members
VOTING

MEMBER SCHOOL TERM

EXPIRES
Sophia Araujo Redwood Christian MSHS 6/30/2023
Alessandra Eiras Mt. Eden High School 6/30/2023
Phylis A. Essandoh Hayward High School 6/30/2023
Rachel M. Fryer Mt. Eden High School 6/30/2023
Harnoor Gill UC Berkeley 6/30/2023
Athena C. Herrera Encinal High School 6/30/2023
Samiksha Lingan Impact Academy of Arts and Technology 6/30/2023 Arianna Mendoza Mt. Eden High School 6/30/2023
Isabelle A. Milanes Leadership Public School 6/30/2023
James Mira Moreau Catholic High School 6/30/2023
Pooja Rathaur UC Berkeley 6/30/2023
Sharana Sabesan Impact Academy of Arts and Technology 6/30/2023 Anna Tran Hayward High School 6/30/2023
Vanna Van Mt. Eden High School 6/30/2023
Savannah J. Wong The Athenian School 6/30/2023

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The current 20 22 membership consists of thirty-two (32) representatives from Hayward schools as depicted in the chart below. As vacancies occur throughout the year, appointments will be made from the alternate list.

CHART I: 2022 HAYWARD YOUTH COMMISSION

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OTHER - Hayward Residents Attending Other Schools:

Arroyo High School
Bishop O' Dowd Catholic High School
Challenger School Ardenwood
Encinal High School
Redwood Christian MSHS
San Leandro High School
Silver Oak High School
The Athenian School
UC Berkeley (2)

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to an y of the projects outlined in the Council’s Strategic Roadmap.

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PUBLIC CONTACT

Information about the annual recruitment was disseminated through various channels.

TABLE III: Summary of Outreach Efforts

2022 Outreach Efforts

Date

Attendance/Reach

City Newsletter - The Stack
3/14/22-
5/20/22 63,746 recipients
49th Annual Hawaiian May Day 5/7/22 Citywide
2022 Hayward Youth Conference – Learning
Today, Leading Tomorrow 4/30/22 Citywide
HUSD Youth Enrichment Program (YEP)
3/15/22-
5/20/22
HUSD's five middle
and three high
schools
HUSD Community Update Newsletter 4/22/22 HUSD parents
Earth Day Poster & Writing Contest Distribution
4/29/22
Hayward middle
and high schools
(29 teachers) and
contest applicants
(79)
April 23 Earth Poster Day – Weekes Park 4/23/22 80 attendees Student and Parent Support Program (HUSD)
2/23; 3/16; 5/17
Parent Ambassador
group; Family
Engagement
Specialist group
Tennyson High School Voter Registration Event 5/20/22 Senior class Arbor Day – Cesar Chavez Middle School 5/18/22
Puente teacher,
office/campus staff
Hayward Schools
3/14/22-
5/19/22
Information
disseminated to
principals, teachers,
and counselors
Social Media: Facebook
3/15/22 -
5/20/22 7,177 followers
Social Media: Twitter
3/15/22 -
5/20/22 6,221 followers
Social Media: NextDoor 3/17/22 35,728 followers
Social Media: Instagram
3/15/22 -
5/20/22 3,761 followers
PeachJar
3/21/22-
4/19/22 8,770 deliveries

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NEXT STEPS

Following Council’s action, oaths of affirmation will be administered to newly appointed members.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II
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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS OF THE

HAYWARD YOUTH COMMISSION

WHEREAS, the City conduct ed its annual recruitment fo r the Hayward Youth Commission from March 11, 2022 to May 20, 2022; and

WHEREAS, a panel of representativ es from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and t he Hayward Unified School District (HUSD)) reviewed forty-nine (49) applications and interviewed forty-one (41) eligible applicants on June 2, 2022; and

WHEREAS, the panel selected a total of seventeen (17) regular voting and alternate members.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby confirm the a ppointment of the below -named persons as members of the Hayward Youth Commission, for the terms as designated.

VOTING MEMBER SCHOOL SUCCEEDS TERM

EXPIRES
Diego F. Barcenas Impact Academy of Arts & Technology Ivan Arroyo 6/30/2024 Crystal Guerrero-Lopez Tennyson High School Joshua Linares 6/30/2024 Shreya K. Rathaur Martin Luther King Jr. Middle School Jema J. Reyes 6/30/2024 Penelope L. Reynoso Hayward High School Dulce Rivera Flores 6/30/2024 Alicia C. Saenz Leadership Public School Sruthy Sabesan 6/30/2024 Ananya Suresh Challenger School Ardenwood Myldret Vazquez-Bejar 6/30/2024

ATTACHMENT II
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ALTERNATE

MEMBER SCHOOL TERM

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 #: ACT 22-068
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Director of Library Services
Library Commission

SUBJECT
Adopt a Resolution Affirming the City’s Support for the Library Bill of Rights, the Freedom to Read Statement, and the Freedom to View Statement

RECOMMENDATION
That Council adopts a resolution (Attachment II) affirming the City’s support for the Library Bill of Rights, Freedom to Read, and Freedom to View Statements...End

SUMMARY
The freedom to read, along with the freedom to speak, hear, and view, is protected by the First Amendment of the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression. On February 28, 2022, the Library Commission unanimously affirmed its support for the Hayward Public Library’s commitment to intellectual freedom by endorsing three statements from the American Library Association: the Library Bill of Rights, The Freedom to Read Statement, and The Freedom to View Statement.

The Library Commission, along with the Library Department, respectfully asks the Mayor and City Council to adopt a resolution affirming the City’s support for the Library Bill of Rights, the Freedom to Read Statement, and the Freedom to View Statement.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Library Commission Letter of Support
Attachment IV ALA Library Bill of Rights
Attachment V ALA Freedom to Read Statement
Attachment VI ALA Freedom to View Statement
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 2
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File #:ACT 22-068
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Library Commission
Director of Library Services

SUBJECT: Adopt a Resolution Affirming the City’s Support for the Library Bill of Rights, the Freedom to Read Statement, and the Freedom to View Statement

RECOMMENDATION

That Council adopts a resolution (Attachment II) affirming the City’s support for the Library Bill of Rights, Freedom to Read, and Freedom to View Statements.

SUMMARY

The freedom to read, along with the freedom to speak, hear, and view, is protected by the First Amendment of the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression. On February 28, 2022, the Library Commission unanimously affirmed its support for the Hayward Public Library’s commitment to intellectual freedom by endorsing three statements from the American Library Association:
the Library Bill of Rights, The Freedom to Read Statement, and The Freedom to View Statement.

BACKGROUND AND DISCUSSION

The freedom to read, along with the freedom to speak, hear, and view, is protected by the First Amendment of the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression. Around the country, activists, school board officials, and lawmakers have been challenging books and audiovisual materials at a pace not seen in decades. The majority of Americans still favor free enterprise in ideas and expression, and want to be trusted to exercise critical judgment, recognize propaganda and misinformation,

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make their own decisions about what they read, view, and believe, and exercise the responsibilities that accompany this freedom. This is the bedrock of our democracy.

On February 28, 2022, the Library Commission unanimously affirmed its support for the Hayward Public Library’s commitment to intellectual freedom by endorsing three statements from the American Library Association. These statements, described in detail in the March 22nd letter from the Library Commission (Attachment III), include the Library Bill of Rights (Attachment IV), The Freedom to Read Statement (Attachment V), and The Freedom to View Statement (Attachment VI). The California Library Association also supports the work of library staff, and library advocates everywhere, in affirming the freedom to read, view, inquire, explore, learn, and share ideas and perspectives.

The Library Commission, along with the Library Department, respectfully asks the Mayor and City Council to support the right of all Hayward residents to unfettered access to information by adopting a resolution affirming the City’s support for the Library Bill of Rights, the Freedom to Read Statement, and the Freedom to View Statement.

STRATEGIC INITIATIVES

This agenda item is a routine operational item and does not directly relate to one of the Council’s Strategic Initiatives.

FISCAL IMPACT

There is no fiscal impact from affirming these statements.

Prepared by: Brad Olson, Management Analyst II

Recommended by: Jayanti Addleman, Director of Library Services

Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

ADOPT A RESOLUTION AFFIRMING THE CITY’S SUPPORT FOR THE LIBRARY

BILL OF RIGHTS, THE FREEDOM TO READ STATEMENT, AND THE FREEDOM

TO VIEW STATEMENT

WHEREAS, The freedom to read, along with the freedom to speak, hear, and view, is protected by the First Amendment of the Constitution of the United States; and

WHEREAS, In a free society, there is no place for censorship of any medium of expression; and

WHEREAS, Around the country, activists, school board officials, and lawmakers have been challenging books and audiovisual materials at a pace not seen in decades; and

WHEREAS, The majority of Americans still favor free enterprise in ideas and expression, and want to be trusted to exercise critical judgment, recognize propaganda and misinformation, make their own decisions about what they read, view, and believe, and exercise the responsibilities that accompany this freedom; and

WHEREAS, On February 28, 2022, Library Commission unanimously affirmed its support for the Hayward Public Library’s commitment to intellectual freedom by endorsing three statements from the American Library Association : the Library Bill of Rights, The Freedom to Read Statement, and The Freedom to View Statement; and

WHEREAS, The California Library Association also supports the work of library staff, and library advocates everywhere , in affir ming the freedom to read, view, inquire, explore, learn, and share ideas and perspectives;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward adopts a resolution affirming the City’s support for the Library Bill of Rights, the Freedom to Read Statement, and the Freedom to View Statement.

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
March 22, 2022
Hayward City Council
℅ Hayward City Clerk’s Office
777 B Street
Hayward, CA 94541
Re: Library Bill of Rights, Freedom to Read & Freedom to View Dear Members of the Hayward City Council,
Around the country, parents, activists, school board officials, and lawmakers have been challenging books at a pace not seen in decades. In a preliminary report, the American Library 1 Association indicated that they received an “unprecedented” 330 reports of book challenges—each of which can include multiple books—in Fall 2021. There have even been efforts to press criminal charges against school and public librarians. The rise in book bans points to a growing—and disturbing—movement by certain groups to use local and state governance to control teachers and public libraries; limit what children learn about American culture, society, and history; and constrain expression and ideas.

On February 28, 2022, the Library Commission unanimously affirmed its support for the Hayward Public Library’s commitment to intellectual freedom by endorsing these three statements from the American Library Association, summarized thusly:
● Library Bill of Rights :

I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.

II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.

III. Libraries should challenge censorship in the fulfillment of the responsibility to provide information and enlightenment.
● The Freedom to Read Statement : “The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in 1 Elizabeth A. Harris and Alexandra Alter , January 30, 2022, “Book Ban Efforts Spread Across the U.S.”, nytimes.com Downtown Library Weekes Branch
888 C Street 27300 Patrick Avenue
(510) 782-2155 (510) 293-8685

various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label ‘controversial’ views, to distribute lists of ‘objectionable books or authors, and to purge libraries.” ● The Freedom to View Statement : “The Freedom to View, along with the freedom to speak, to hear, and to read, is protected by the First Amendment of the Constitution of the United States. In a free society, there is no place of censorship of any medium of expression.” This statement affirms the principle “to provide the broadest access to film, video, and other audiovisual materials because they are a means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression.”
We respectfully ask the City Council to join us in showing support for the right of Hayward residents to have free and unfettered access to the information and materials they need through your endorsement of the Library Bill of Rights, Freedom to Read Statement, and Freedom to View Statement.

Thank you for your consideration.

Sincerely,
Hayward Library Commissioners
CC Jayanti Addleman
Downtown Library Weekes Branch
888 C Street 27300 Patrick Avenue
(510) 782-2155 (510) 293-8685

Library Bill of Rights
The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.

III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.

IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.

V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.

VI. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.

VII. All people, regardless of origin, age, background, or views, possess a right to privacy and confidentiality in their library use. Libraries should advocate for, educate about, and protect people’s privacy, safeguarding all library use data, including personally identifiable information.

Adopted June 19, 1939, by the ALA Council; amended October 14, 1944; June 18, 1948; February 2, 1961; June 27, 1967; January 23, 1980; January 29, 2019.

Inclusion of “age” reaffirmed January 23, 1996.

Although the Articles of the Library Bill of Rights are unambiguous statements of basic principles that should govern the service of all libraries, questions do arise concerning application of these principles to specific library practices. See the documents designated by the Intellectual Freedom Committee as Interpretations of the Library Bill of Rights. https://www.ala.org/advocacy/intfreedom/librarybill

ATTACHMENT IV
The Freedom to Read Statement
The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label "controversial" views, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the corruption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read.

Most attempts at suppression rest on a denial of the fundamental premise of democracy: that the ordinary individual, by exercising critical judgment, will select the good and reject the bad. We trust Americans to recognize propaganda and misinformation, and to make their own decisions about what they read and believe. We do not believe they are prepared to sacrifice their heritage of a free press in order to be "protected" against what others think may be bad for them. We believe they still favor free enterprise in ideas and expression.

These efforts at suppression are related to a larger pattern of pressures being brought against education, the press, art and images, films, broadcast media, and the Internet. The problem is not only one of actual censorship. The shadow of fear cast by these pressures leads, we suspect, to an even larger voluntary curtailment of expression by those who seek to avoid controversy or unwelcome scrutiny by government officials.

Such pressure toward conformity is perhaps natural to a time of accelerated change. And yet suppression is never more dangerous than in such a time of social tension. Freedom has given the United States the elasticity to endure strain.

Freedom keeps open the path of novel and creative solutions, and enables change to come by choice. Every silencing of a heresy, every enforcement of an orthodoxy, diminishes the toughness and resilience of our society and leaves it the less able to deal with controversy and difference.

Now as always in our history, reading is among our greatest freedoms. The freedom to read and write is almost the only means for making generally available ideas or manners of expression that can initially command only a small audience.

The written word is the natural medium for the new idea and the untried voice from which come the original contributions to social growth. It is essential to the extended discussion that serious thought requires, and to the accumulation of knowledge and ideas into organized collections.

We believe that free communication is essential to the preservation of a free society and a creative culture. We believe that these pressures toward conformity present the danger of limiting the range and variety of inquiry and expression on which our democracy and our culture depend. We believe that every American community must jealously guard the freedom to publish and to circulate, in order to preserve its own freedom to read. We believe that publishers and librarians have a profound responsibility to give validity to that freedom to read by making it possible for the readers to choose freely from a variety of offerings.

The freedom to read is guaranteed by the Constitution. Those with faith in free people will stand firm on these constitutional guarantees of essential rights and will exercise the responsibilities that accompany these rights.

We therefore affirm these propositions:

1. It is in the public interest for publishers and librarians to make available the widest diversity of views and expressions, including those that are unorthodox, unpopular, or considered dangerous by the majority.

Creative thought is by definition new, and what is new is different. The bearer of every new thought is a rebel until that idea is refined and tested. Totalitarian systems attempt to maintain themselves in power by the ruthless suppression of any concept that challenges the established orthodoxy. The power of a democratic system to adapt to change is vastly strengthened by the freedom of its citizens to choose widely from among conflicting opinions offered freely to them. To stifle every nonconformist idea at birth would mark the end of the democratic process. Furthermore, only through the constant activity of weighing and selecting can the democratic mind attain the strength demanded by times like these. We need to know not only what we believe but why we believe it.

ATTACHMENT V

2. Publishers, librarians, and booksellers do not need to endorse every idea or presentation they make available. It would conflict with the public interest for them to establish their own political, moral, or aesthetic views as a standard for determining what should be published or circulated.

Publishers and librarians serve the educational process by helping to make available knowledge and ideas required for the growth of the mind and the increase of learning. They do not foster education by imposing as mentors the patterns of their own thought. The people should have the freedom to read and consider a broader range of ideas than those that may be held by any single librarian or publisher or government or church. It is wrong that what one can read should be confined to what another thinks proper.

3. It is contrary to the public interest for publishers or librarians to bar access to writings on the basis of the personal history or political affiliations of the author.

No art or literature can flourish if it is to be measured by the political views or private lives of its creators. No society of free people can flourish that draws up lists of writers to whom it will not listen, whatever they may have to say.

4. There is no place in our society for efforts to coerce the taste of others, to confine adults to the reading matter deemed suitable for adolescents, or to inhibit the efforts of writers to achieve artistic expression.

To some, much of modern expression is shocking. But is not much of life itself shocking? We cut off literature at the source if we prevent writers from dealing with the stuff of life. Parents and teachers have a responsibility to prepare the young to meet the diversity of experiences in life to which they will be exposed, as they have a responsibility to help them learn to think critically for themselves. These are affirmative responsibilities, not to be discharged simply by preventing them from reading works for which they are not yet prepared. In these matters values differ, and values cannot be legislated; nor can machinery be devised that will suit the demands of one group without limiting the freedom of others.

5. It is not in the public interest to force a reader to accept the prejudgment of a label characterizing any expression or its author as subversive or dangerous.

The ideal of labeling presupposes the existence of individuals or groups with wisdom to determine by authority what is good or bad for others. It presupposes that individuals must be directed in making up their minds about the ideas they examine. But Americans do not need others to do their thinking for them.

6. It is the responsibility of publishers and librarians, as guardians of the people's freedom to read, to contest encroachments upon that freedom by individuals or groups seeking to impose their own standards or tastes upon the community at large; and by the government whenever it seeks to reduce or deny public access to public information.

It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society individuals are free to determine for themselves what they wish to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive. Further, democratic societies are more safe, free, and creative when the free flow of public information is not restricted by governmental prerogative or self-censorship.

7. It is the responsibility of publishers and librarians to give full meaning to the freedom to read by providing books that enrich the quality and diversity of thought and expression. By the exercise of this affirmative responsibility, they can demonstrate that the answer to a "bad" book is a good one, the answer to a "bad" idea is a good one.

The freedom to read is of little consequence when the reader cannot obtain matter fit for that reader's purpose.

What is needed is not only the absence of restraint, but the positive provision of opportunity for the people to read the best that has been thought and said. Books are the major channel by which the intellectual inheritance is handed down, and the principal means of its testing and growth. The defense of the freedom to read requires of all publishers and librarians the utmost of their faculties, and deserves of all Americans the fullest of their support.

We state these propositions neither lightly nor as easy generalizations. We here stake out a lofty claim for the value of the written word. We do so because we believe that it is possessed of enormous variety and usefulness, worthy of cherishing and keeping free. We realize that the application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.

This statement was originally issued in May of 1953 by the Westchester Conference of the American Library Association and the American Book Publishers Council, which in 1970 consolidated with the American Educational Publishers Institute to become the Association of American Publishers.

Adopted June 25, 1953, by the ALA Council and the AAP Freedom to Read Committee; amended January 28, 1972; January 16, 1991; July 12, 2000; June 30, 2004.

A Joint Statement by:

American Library Association
Association of American Publishers
Subsequently endorsed by:

American Booksellers for Free Expression
The Association of American University Presses
The Children's Book Council
Freedom to Read Foundation
National Association of College Stores
National Coalition Against Censorship
National Council of Teachers of English
The Thomas Jefferson Center for the Protection of Free Expression www.ala.org/advocacy/intfreedom/freedomreadstatement
Freedom to View Statement
The FREEDOM TO VIEW, along with the freedom to speak, to hear, and to read, is protected by the First Amendment to the Constitution of the United States. In a free society, there is no place for censorship of any medium of expression. Therefore these principles are affirmed:

1. To provide the broadest access to film, video, and other audiovisual materials because they are a means for the communication of ideas. Liberty of circulation is essential to insure the constitutional guarantee of freedom of expression.

2. To protect the confidentiality of all individuals and institutions using film, video, and other audiovisual materials.

3. To provide film, video, and other audiovisual materials which represent a diversity of views and expression. Selection of a work does not constitute or imply agreement with or approval of the content.

4. To provide a diversity of viewpoints without the constraint of labeling or prejudging film, video, or other audiovisual materials on the basis of the moral, religious, or political beliefs of the producer or filmmaker or on the basis of controversial content.

5. To contest vigorously, by all lawful means, every encroachment upon the public's freedom to view.

This statement was originally drafted by the Freedom to View Committee of the American Film and Video Association (formerly the Educational Film Library Association) and was adopted by the AFVA Board of Directors in February 1979. This statement was updated and approved by the AFVA Board of Directors in 1989.

Endorsed January 10, 1990, by the ALA Council
https://www.ala.org/advocacy/intfreedom/freedomviewstatement

ATTACHMENT VI

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-084
DATE: June 21, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Meeting Minutes of the City Council Meeting on June 7, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of June 7, 2022

SUMMARY
The City Council held a meeting on June 7, 2022.

ATTACHMENTS
Attachment I Draft Minutes of June 7, 2022
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 1
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SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

SUCCESSOR AGENCY/HAYWARD HOUSING AUTHORITY MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/84654762687?pwd=RkpDR3FaMlRnMUNBU2t4Q0xZMXFudz09 Tuesday, June 7, 2022, 7:00 p.m.

The Special Joint City Council/Hayward Redevelopment Successor Agency (HRSA)/Hayward Housing Authority (HHA) meeting was called to order by Mayor /Chair Halliday at 7:00 p.m.

The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council/HRSA/HHA Member Márquez

ROLL CALL

Present:

Council Chamber: Council/HRSA/HHA Members Lamnin, Salinas, Zermeño Mayor/Chair Halliday
Virtual Platform (Zoom): Council/ HRSA/HHA Members Andrews, Márquez, Wahab

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on June 7, 2022, at 5:15 p.m., with all members present, regarding three items: 1) conference with l egal counsel pursuant to Government Code section 54957(a) concerning a matter posing a threat to the security of essential public service; 2) conference with legal counsel pursuant to Government Code section 54956.9 regarding Stoddard-Nunez v. City of Hayward U.S. District Court, N.D. CA, No. 4:13-cv-04490; and 3) conference with property negotiators pursuant to Government Code 54956.8 regarding Caltrans Parcel Group 8 , Grove Way; APNs: 415 -0180-070-00, 415-0180-068-01, 415-0180-076-00, 415 -0180-084-01, 415 -0180-073-00, 415-0180-074-00, 415 -0180-075- 00, 415 -0180-072-00, 415 -0180-071-00, 415-0180-069-01, 415 -0190-064-00, 415 -0180- 083-01, 415 -0180-080-00, 415-0180-082-01, 4 15-0180-081-01. City Attorney Lawson reported the Coun cil discussed the items and took no reportable action. It was noted the closed session adjourned at 6:25 p.m.

PRESENTATIONS

Mayor Halliday read a proclamation declaring June 2022 as Elder Abuse Awareness Month and June 15, 2022, as Elder Abuse Awareness Day in recognition of the City’s valued elders.

The proclamation was presented to Deputy District Attorney Cheryl Poncini with Alameda County District Attorney’s Office Elder Protection Unit who thanked the City for the recognition. Chris Chin, with Alameda County District Attorney’s Office Elder Protection Unit; Vince Gordon, Supervisor, Alameda County Adult Pr otective Services ; a nd Maria Palazzolo, Staff Attorney for Legal Assistance for Seniors, spoke about the ir work related to elder abuse prevention and thanked the City for the proclamation and continued partnership.

2 | J u n e 7 , 202 2
Mayor Pro Tempore Lamnin read a procl amation declaring the month of June 2022 as Lesbian, Gay, Bisexual, Transgender, Questioning, Queer, Intersex, 2-Spirit, and Gender Non- Conforming Pride Month. The proclamation was present ed to Prevention Specialist Rob ert Lopez, Prevention Specialist, Project Eden, Rochelle Collins, Program Director, Project Eden and Ms. Venus Rivera, program participant with Project Eden, who thanked Council for the recognition and continued support of Project Eden.

PUBLIC COMMENTS

Ms. Juana Gonzalez , Arandas City Trea surer, via Spanish-English interpreter Janette Hernandez, on behalf of a delegation from Arandas, Jalisco, Mexico, spoke about the visit to Hayward, the sisterhood among the cities of Hayward and Arandas and shared a video from the Mayor of Arandas, Ms. An a I sabel Banuelos Ramirez . Ms. Gonzalez introduced the delegates: Council M ember Luz Adriana Vi vanco Gonzalez; Council Member Veronica Hernandez Bustos; Council Member Juan Varela Jimenez; Director of Medical Services Kenia Yolanda Davalos Vivanco; Director of Women ’s Ins titute, Giselle Morales Ramirez; and Director of Fire Protection Miguel Angel Lopez Plas encia. Members of the delegation presented the Council with gifts from Mexico and underscored their gratitude toward Council Member Zermeño for his support. Mayor Halliday thanked the delegates from Arandas, reciprocated with tokens of appreciation and hoped they could take ideas from Hayward and implement them in Arandas.

CITY MANAGER’S COMMENTS

Assistant City Manager Youngblood did not have any comments.

CONSENT

1. Approve the City Council Meeting Minutes of the City Council Meeting on May 17, 2022 MIN 22-078
It was moved b y Council Member Zermeño, seconded by Co uncil Member Márquez, and carried unanimously, to approve the minutes of the City Council Meeting on May 17, 2022.

2. Adopt a Resolution Accepting the Resignation of Mr. Edward Moore from the Keep Hayward Clean and Green Task Force, Effective Immediately CONS 22-341

Staff report submitte d by City Clerk Lens , dated June 7 , 2022, was filed.

It wa s m oved by Cou ncil Member Zerme ño, seconded by Council Membe r M árquez, and carried by the following roll call vote, to adopt the resolution.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

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

Resolution 22-135, “Resolution Accepting the Resignation of Mr.

Edward Moore from the Keep Hayward Clean and Green Task Force”

3. Adopt a Resolution Authorizing th e C ity Manager to Negotiate and Execute an Agreement with Savant Solutions for Information Technology Department Infrastructure Security Services in an Amount Not-to-Exceed $466,000 CONS 22-304

Staff report submitted by CIO/ Director of Inform ation Technology Kostrzak, dated June 7, 2022, was filed.

It was move d by Cou ncil Member Zerme ño, seconded by Council Membe r M árquez, 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 22-136, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Savant Solutions for Information Techn ology Department Infrastructu re Security Services in An Amount Not to Exceed $466,000”

4. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Assignment/Assumption of Lease with Friends of Bud Field, LLC, for Property located at 22005 SkyWest Drive CONS 22-329

Staff report submitted by Director of Public Works Ameri, dated June 7, 2022, was filed.

4 | J u n e 7 , 202 2
It was moved by Cou ncil Member Zerme ño, seconded by Council Membe r M árquez, 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 22-137, “Resolution Authorizing the City Manager to Negotiate and Execute an Assignment/Assumption of Lease with Friends of Bud Field, LLC, for the Property Located at 22005 SkyWest Drive”

5. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Assignment/Assumption of Lease with Savage Aviation, Inc., for Property Locat ed at 21593 SkyWest Drive CONS 22-330

Staff report submitted by Director of Public Works Ameri, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Zerme ño, seconded by Council Membe r M árquez, 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 22-138, “Resolution Authorizing the City Manager to Negotiate and Execute an Assignment/Assumption of Lease to the Ground Lease with Savage Aviation, Inc.”

6. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 4 to the Professional Services Agreement with Pavement Engineering, Inc., Increasing the Agreement by $392,825, to Provide Engineeri ng Services for the FY23 Pavement Improvement Project for a Total Not-to-Exceed Amount of $1,755,495 CONS 22-331

Staff report submitted by Director of Public Works Ameri, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Zerme ño, seconded by Council Member M árquez, and carried by the following roll call vote, to adopt the resolution.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

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

Resolution 22-139, “Resolution Authorizing the City Manager to Execute Amendment No. 4 to Professional Services Agreement with Pavement Engineering, Inc., to Provide Engineering Services for the FY23 Pavement Improvement Project, Project No. 05240”

7. Adopt a Resolution Awarding a Contract to The Garlan d Company for the Hayward Executive Airport - Hangars F, G, H, and I Roof Repair Project, Project No. 06826, in an Amount Not-to-Exceed $600,000 CONS 22-337

Staff report submitted by Director of Public Works Ameri, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Ze rmeño, seconded by Council Membe r M árquez, 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 22-140, “Resolution Authorizing the City Manager to Negotiate and Execute a Contract with the Garland Company for the Hay ward Executive Airport – Hangars F, G, H, and I Roof Repair Project, Project No. 06826, in an Amount Not -to-Exceed $600,000”

8. Adopt a Resolution Authorizing the City Manager to Appropriate Additional Funds in the Amount of $20,000 from Sewer R eplacement Fund 611 for the Water Pollution Control Facility (WPCF) Effl uent Pond Weed Removal Project No. 07630, and Award a Contract to McNabb Construction Inc., to Implement the Project in an Amount Not -to- Exceed $220,000 CONS 22-338
6 | J u n e 7 , 202 2
Staff report submitted by Director of Public Works Ameri, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Zerme ño, seconded by Counci l Member M árquez, 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 22-141, “Resolution Authorizing the City Manager to Appropriate Additional Funds in the Amount of $20,000 from Sewer Replacement Fund 611 for the Water Pollution Control Facility (WPCF) Effluent Pond Weed Removal Project No. 07630 and Award a Contract to Mc Nabb Co nstruction, Inc., (Dk Environmental) to Implement the Project in an Amount Not -to- Exceed $220,000”

9. Adopt a Resolution Authorizi ng the City Manager to Execute an Agreement with Primary Diagnostics, Inc. (“Primary”) in an Amount Not-to-Exceed $90,000 to Con tinue to Provide the City’s Software Platform for Ma intaining Vaccine Records and COVID-19 Testing Results Through December 31, 2022 CONS 22-340

Staff report submitted by Assistant City Manager/ In terim Human Resources Director Youngblood, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Zerme ño, seconded by Council Membe r M árquez, 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 22-142, “ Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Primary Diagnostics, Inc. (“Primary”) in an Amount Not to Exceed $90,000 to Continue to Provide the City’s Software Platform for Maintaining Vaccine Records and Covid -19 Testing Results through December 31, 2022”

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

10. Adopt a Resolution A uthorizing the City Manager to Accept and Appropriate up to $10,000 in Funding from First 5 of Alameda County to Support Lib rary Services and Programs CONS 22-342

Staff report submitted by Director of Library Services Addleman, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Ze rmeño, seconded by Council M ember M árquez, 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 22-143, “ Authorize the City Manager to Accept and Appropriate up to $1 0,000 in Funding from First 5 of Alameda County to Support Library Services and Programs”

11. Adopt a Resolution Authorizing the City Man ager to Negotiate and Execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for Outside Airport Planning and Environmental Services and Appropriate Funds in an Amount Not- to-Exceed $700,000 CONS 22-356

Staff report submitted by Director Public Works Am eri, dated June 7, 2022, was filed.

It was moved by Cou ncil Member Zerme ño, seconded by Council M ember M árquez, 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

8 | J u n e 7 , 202 2
Resolution 22-144, “Resolution Authorizing the City Manager to Appropriate Funds in Support of and Execute a Two -Year Agreement with Kimley -Horn and Associates , Inc., for Outside Planning and Environmental Services at Hayward Executive Airport in an Amount Not-to exceed $700,000”

PUBLIC HEARING

12. Gann Appropriations Limit for Fiscal Year 2023: Adopt Appropriations Limit for Fiscal Year 2023 Pursuant to Article XIII B of the Constitution of the State of California PH 22- 026

Staff report submitted by Finance Director Claussen, dated June 7, 2021, was filed.

Finance Director Claussen announced the report and introduced Deputy Finance Director Gonzales who provided a synopsis of the staff report.

Mayor Halliday opened the public hearing at 7:47 p.m.

Ms. Happy Gill asked why there was a Gann appropriations limit and suggested the City could invest in local businesses and help d evelop the business community in the Tennyson and South Hayward BART areas.

Finance Director Claussen responded the law was established to limit agencies from overtaxing its constituents.

Mayor Halliday commented the Gann limit was based on progressive increases and added that American Rescue Plan Act (ARPA) funds were used to help businesses and r esidents in the community.

Mayor Halliday closed the public hearing at 7:51 p.m.

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

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

Resolution 22-145 “Adoption of Appropriations Limit for Fiscal Year 2023 Pursuant to Articl e XIII B of the Constitution of th e State of California”

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

13. FY 2023 Budget/CIP Public Hearing and Adopt ion: Public Hearing for the Proposed FY 2023 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authori ty; FY 2023 Cap ital Improvement Program Budget; Adoption of the FY 2023 Operating Budgets and Appropr iations for FY 20 23; Adoption of the FY 2023 Capital Improvement Program Budget and Appropriations for FY 2023; Adoption of the Hayward Redevelopment Succe ssor Agency Bud get; and Adoption of the Hayward Housing Authority Budget PH 22-024

Staff report submitted by Finance Director Claussen, dated June 7, 2021, was filed.

Finance Director Claussen announced the report and introduced Deputy Finance Directo r Gonzales who provided a synopsis of the staff report.

Mayor/HRSA/HHA Chair Halliday noted the Council held two budget work sessions and the budget public hearing was a culmination of the City budget process.

Discussion ensued among members of the City Counc il/HRSA Board/HHA Board and City staff: regarding the City’s Sales Tax revenue (23% of General Fu nd) as compared to comparable communities; the report on Property Tax and Sales Tax revenue reviewed by the Council Budget and Finance Committee and its frequency; the economic outlook and viability of businesses and potential re venue generation being primarily assessed by the Economic Development team and Development Services Department with some assistance wi th analysis by the Financ e Dep artment; vacancies in the organization and how the City is actively trying to reduce the number of vacancies across the organization; and the role of State and Fed eral lobbyists in bringing a dditional funds to the city to offer new programs and services or supplement existing ones.

There being no public comme nt, Mayor/HRSA/HHA Chair Halliday opened and closed the public hearing at 8:13 p.m.

Council/HRSA/HHA Member Zermeño tha nked City staff for the ir excellent work on the proposed budget.

Council/HRSA/HHA Member Wahab made a mot ion per staff ’s recommendati on and Council/HRSA/HHA Member Lamnin seconded the motion.

Mayor/HRSA/HHA Chair Halliday noted Co uncil/HRSA/HHA Member Wahab, Council / HRSA/HHA Member Lamnin and herself comprise the Council Budget and Finance Committee and were also able to review the budget proposal.

10 | J u n e 7 , 202 2

Council/HRSA/HHA Member Márquez thanked City staff f or their work on the proposed budget and employees for helping the organization provide e xcellent servi ce to the community.

Mayor/HRSA/HHA Chair Halliday stated the FY2023 Budget document reflected the great work that was done throughout the enti re organization, noted the bottom line was encouraging in part due to ARPA funds and policies/goals set by Council to build for long-term liabilities and reserve funds. Finance Director Claussen and his team were commended for the work done with the budget document.

It was moved by Council /HRSA/HHA Member W ahab, seconded by Council /HRSA/HHA Member Lamnin, and carried by the following roll call vote, to approve the resolutions.

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

Resolution 22-146 “Resolution Approving the Operating Budget of the City of Hayward for Fiscal Year 2023; Adopting
Appropriations for Fis cal Year 202 3, Except fo r General Fund Community Agency Funding”

RSA Resolution 22-01 “Resolution of the City Council of the City of Hayward, acting as the Governing Board of the Successor Agency for the Redevelopment Agency of the City of Hayward, Approving the Budg et of the Re development Successor Agency of the City of Hayward an d Adopting Appropriations for Fiscal Year 2023”

HA Resolution 22-03 “Resolution Confirming the Proposed Hayward Housing Authority Budget for Fiscal Year 2023”

Resolution 22-147 “Resolution Approving Capital Improvement Projects for Fiscal Year 2023”

Resolution 22-148 “Resolution Approving and Appropriating the Community Agency Fu nding Recommendations for Fiscal Year 2023”

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

COUNCIL REPORTS AND ANNOUNCEMENTS

Council M ember Salinas made th ree announ cements: the return of the Words for Lunch program for free lunch and story time for kids from June 22, 2022 through July 22, 2022, at the Hayward Public Library/Heritage Plaza and Mia’s Dream Come True playground; Fresh Food for Families will be dis tributing s helf secure food s and produce from June through December; and the Cobbler’s Car Show and Open House was occurring on June 12, 2022 at the Cobbler.

Council Member Andrews made two announcements: the Hope for Hank fundraiser event on June 11, 2022, to s upport Hank and help in his bat tle with Neuroblastoma; and the Super Saturday panel presented by BWOPA on June 11, 2022, where she will discuss issues related to Black maternal health in California.

COUNCIL REFERRALS

14. City Council Referral: Request for Use of Council Member Funds for Reimbursement Related to Juneteenth Hayward Event Coordination RPT 22-061

Referral memorandum submitted by Council Member Andrews, and Márquez, dated June 7, 2022, was filed.

Council Member Andrews announced the Juneteenth Wellness Festival on June 18 , 2022 at the Heritage Plaza will include a ctivities by three fitness instructors from Paradise Dance Studio and Trap Yoga Bae and resources for the community; and requested use of $1,000 from her Council Member fund for reimbursement of expenses including operations, entertainment, and marketing.

Council Member Márquez thanked Council Member Andrews for her leadership helping organize the free family event and added the event will be a great opportunity to showcase the Heritage Plaza.

There being no public comment, Mayor Halliday opened and closed public comment at 8:28 p.m.

Council Member Andrews moved the referral and Council Member Márquez seconded it.

Council Member Lamnin appreciated the Juneteenth event was happening as it was responsive to the needs of the community; encouraged r esidents t o attend the event; supported the use of unspent training budget allocated for Council’s use; and urged Council to reevaluate how unused funds are used in the future.

12 | J u n e 7 , 202 2
Mayor Halliday suggested the evaluation of unspent Council funds could start with the Budget and Finance Committee.

Council Member Márquez suggested the concerns raised be re visited when the Council Member Handbook is reviewed next year.

In respo nse to Council M ember Salinas’ inquiry, Council Membe r Andrews clarified the requested funds would come from her unspent allocated budget.

It was moved by Council Member Andrews, seconded by Council Member Márquez, and carried by the followi ng roll ca ll vote, to approve the use o f $1,000 from Council Member Andrews’s unspent funds for reimbursement of expenses related to the Juneteenth Hayward event including but not limited to operations, entertainment, and marketing.

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

ADJOURNMENT

Mayor Halliday congratulated all candidates running for public office in the June 7, 2022 Primary Election and wished them well; and adjourned the meeting at 8:34 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 22-352
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Acting Assistant City Manager

SUBJECT
Adopt a Resolution (1) Authorizing the City Manager to Amend the Agreement with Tyler Technologies to Extend the Term of the Contract for Six Months and Reflect Revised Tasks, and (2) Authorize the Transfer of $150,000 to Cover Previously Authorized and Appropriated Project Budget

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to: 1) amend the agreement with Tyler Technologies to extend the term for six months and reflect the revised tasks; and 2) authorize the transfer of $150,000 from the General Fund to the Information Technology Capital Fund to account for previously authorized and appropriated project budget for Project Number 07267 - the EnerGov Online Permitting project. The transfer of $150,000 from the General Fund will be funded using department operational savings.

SUMMARY
In 2019, the City entered into a contract with Tyler Technologies for the purchase of a new software solution for online permitting (EnerGov), as well as associated implementation costs. When the project was first approved, it was anticipated that year three costs would be paid for when that year arrived and, as such, the project was originally underfunded. In addition, the delays in full implementation have resulted in additional hours needed to get the new software launched, which is now slated for October 2022. Staff recommends extending the contract with Tyler Technologies for up to an additional six months or until May 1, 2023 to allow for the go live and any follow-up troubleshooting once launch in October occurs and to amend the contract to include the additional hours needed to do so. Staff also recommends that $150,000 in department operational budget savings in the General Fund be transferred to the Information Technology Capital Fund to account for the previously authorized and appropriated project budget.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 2
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File #:CONS 22-352
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Acting Assistant City Manager

SUBJECT: Adopt a Resolution (1) Authorizing the City Manager to Amend the Agreement with Tyler Technologies to Extend the Term of the Contract for Six Months and Reflect Revised Tasks, and (2) Authorize the Transfer of $150,000 to Cover Previously Authorized and Appropriated Project Budget

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to: 1) amend the agreement with Tyler Technologies to extend the term for six months and reflect the revised tasks; and 2) authorize the transfer of $150,000 from the General Fund to the Information Technology Capital Fund to account for previously authorized and appropriated project budget for Project Number 07267 - the EnerGov Online Permitting project. The transfer of $150,000 from the General Fund will be funded using department operational savings.

SUMMARY

In 2019, the City entered into a contract with Tyler Technologies for the purchase of a new software solution for online permitting (EnerGov), as well as associated implementation costs.

When the project was first approved, it was anticipated that year three costs would be paid for when that year arrived and, as such, the project was originally underfunded. In addition, the delays in full implementation have resulted in additional hours needed to get the new software launched, which is now slated for October 2022. Staff recommends extending the contract with Tyler Technologies for up to an additional six months or until May 1, 2023 to allow for the go live and any follow-up troubleshooting once launch in October occurs and to amend the contract to include the additional hours needed to do so. Staff also recommends that $150,000 in department operational budget savings in the General Fund be transferred to the Information Technology Capital Fund to account for the previously authorized and appropriated project budget.

BACKGROUND

On November 20, 2019, the City entered into an Agreement with Tyler Technologies, Inc. to acquire, install, implement, and receive technical services for a new EnerGov online

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permitting software solution. In September 2020, during the Assess & Define phase of the EnerGov project, it was determined that adjustments to the Tyler Technologies, Inc. contract were needed to ensure that the City’s permitting needs were met. The additional Business License Module was necessary for current Code Enforcement processes and workflows and additional funding was required and identified to complete the project. City Council approved these changes on December 1, 2020. As the Assess and Define phase was wrapping up and the Configuration stage began in late 2020 and into 2021, it became clear that there were necessary upgrades to the EnerGov software needed to ensure compatibility with the existing version of the City’s current Enterprise system (MUNIS), which required additional hours dedicated to bridging that connection. This resulted in the need to augment the budget for Tyler Technologies, Inc’s contract to reflect the additional labor hours to ensure compatibility.

Staff also recognized that the project was underfunded and requested that Council transfer Development Services Department Salary and Budget savings of up to $363,469 to the project.

The City Council approved these changes in June 2021. However, only about $325,000 in salary and budget savings was transferred to cover the contract expenses.

Since then, additional delays in the project configuration ensued primarily due to key staffing losses on both the Tyler and City side as well as delays related to data conversion of MUNIS data into the EnerGov system. This has resulted in a delay in the scheduled “go-live” until October 2022. Due to these delays, there are additional hours required for Tyler to finalize the configuration, data conversion, and ultimate launch of the new system. However, staff was able to negotiate and will receive credit for a portion of hours due to the delays caused by staffing issues within Tyler. Separately, staff clarified the exact number and type of licenses needed to ensure City users will have appropriate access. Lastly, there was a need to purchase hardware for processing payments. All of these modifications require an amendment to the agreement with Tyler Technologies, and result in additional costs to the City.

DISCUSSION

The comprehensive, inter-departmental Energov online permitting project was initiated in January 2019 and staff from various departments including Development Services, Public Work, and Fire have engaged in the configuration and testing for the last several years. Due to delays stemming from loss of staff and complications related to converting MUNIS data to EnerGov, the entire project implementation and “go-live” has been delayed until October 2022. This has resulted in a need to amend the contract with Tyler Technologies to capture the additional costs and to extend the contract term for up to six months to ensure the City receives the support needed post system “go-live.” The original contract with Tyler Technologies was approved for $1,085,881 and was amended in late 2020 by $235,138 for a not to exceed amount of $1,321,019. In order to complete the project, staff is recommending an additional amendment to reflect the additional hours required to support final configuration and launch, as well as to cover the additional license types needed for all system users and to purchase necessary hardware for the permit payments. The sum total of these project augmentations is approximately $97,000, resulting in a not to exceed contract amount of $1,418,019. Council previously authorized a total project budget of $1,726,988 so these changes are still within the previously authorized project budget.

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While the contract amendment is within the authorized project budget amount, a transfer of funds to the Information Technology Capital Fund from the General Fund is required to fully account for the previously authorized project budget amount.

Staff is recommending a transfer of $150,000 of department operational budget savings in the General Fund to the Information Technology Capital Fund in FY 2022 to account for previously authorized and appropriated project budget.

FISCAL IMPACT

Based on previous Council action, the current project budget has been approved for $1,726,988, with the Tyler Technologies contract accounting for $1,321,019. As discussed above, there is a need for additional licenses and hours to help ensure the system will function efficiently for all system users, resulting in an amendment to the Tyler Technologies contract by $97,000, for a total not to exceed contract amount of $1,418,019. While there is sufficient budget authority to cover the cost of the amendment with Tyler Technologies, staff is recommending the transfer of $150,000 from the General Fund to the Information Technology Capital Fund to ensure that the project budget authority is fully accounted for within the Information Technology Capital Fund.

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 15, Part 15.b: Implement new online planning and permitting solution

NEXT STEPS

If Council adopts the attached resolution, staff will take the following steps:

 Prepare and execute an amendment to the agreement with Tyler Technologies to reflect the changes in the project as well as extend the term of the contract by up to six months.
 Request Finance transfer $150,000 from the department operational budget savings in salaries and supplies and services to the Information Technology Capital Fund for the EnerGov online permitting system project.

Once an amended agreement has been executed, the project will continue to move forward towards an anticipated system “go-live” date in October 2022.

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Prepared by: Sara Buizer, AICP, Deputy Development Services Director

Recommended by: Dustin Claussen, Acting Assistant City Manager/Development Services Director

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 CONTRACT WITH TYLER TECHNOLOGIES TO EXTEND

THE TERM BY SIX MONTHS AND TO REFLECT ADDITIONAL TASKS , AND AUTHORIZING A TRANSFER OF $150,000 FROM THE GENERAL FUND TO THE

INFORMATION TECHNOLOGY CAPITAL FUND TO COVER PREVIOUSLY

AUTHORIZED AND APPROPRIATED PROJECT BUDGET FOR THE ONLINE

PERMITTING PROJECT

WHEREAS, On November 20, 2019, the City entered into an Agreement with Tyler Technologies, Inc., in a not to exceed amount of $1,085,881 to acquire, install, implement and receive technical services for EnerGov online permitting Software as a Solution; and

WHEREAS, in December 2020, the City Council approved an amendment to the Tyler Technologies contract in an amount of $235,138 for a total not to exceed contract amount of $1,321,019 to reflect some additional costs including a Business License Module to support Code Enforcement activities, additional case types, report writing and data conversion; and

WHEREAS, in June 2021, the City Council approved a project budget amendment to increase the total EnerGov project budget to $1,726,988 and authorized a transfer of up to $363,469 of Development Services Department budget savings to cover additional project costs; and

WHEREAS, due to staff changes on both the City and Tyler Technologies as well as issues associated with data conversion and necessary hardware purchases for payments have created additional project delays necessitating additional hours to finalize implementation in an amount of $97,000; and

WHEREAS, the agreement with Tyler Technologies will be amended to reflect the additional services and corresponding costs in a revised not to exceed contract budget of $1,418,019 as well as have it’s term extended by up to six months to support post go l ive activities; and

WHEREAS, funding for these additional EnerGov project costs will be covered from the Development Services Department approved operating budget to include salary, supplies and services savings, and will have no negative impact on the General Fund.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hay ward hereby authorizes and directs the Finance Director to transfer $150,000 from the

ATTACHMENT II

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Development Services Department approved operating budget savings to the Information Technology Capital Fund Project Number 07267, Online Permitting, to support the previously approved and appropriated project budget for the EnerGov project.

BE IT FURTHER RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute an amendment to the agreement with Tyler Technologies to extend the term of the agreement by up to six months and reflect the additional services and corresponding costs not to exceed $1,418,019, in a form approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-355
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Acting Assistant City Manager / Development Services Director

SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend the FY2022 Operating Budget for the Development Services Department Building Division for Outside Plan Check, Building Inspection, and Permit Technician Services

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving an amendment to the FY2022 budget for the Development Services Department (DSD) - Building Division, increasing the appropriation from $800,000 to $1,270,000 for consulting services for outside plan check, building inspections, and permit technician services.

SUMMARY
The City currently has executed agreements with five outside consulting firms to augment DSD Building Division staff by providing plan check, inspection, and permit technician services. The compensation for these agreements is for an amount not-to-exceed the annual budget appropriation (distributed as appropriate amongst the consultants for work performed) for FY 2022, and for a term up to three years or until 2024.

The additional $470,000 of appropriated funds in the General Fund will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected. To date, approximately $3.5 million in revenue has been collected for permit and inspection fees. Staff is requesting an additional appropriation of $470,000 in the General Fund to cover the cost of outside plan checking, building inspections, and permit technician services for a total of $1,270,000. The additional appropriation will be funded by an offset in fees collected through permit applications for building plan check and inspection services.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Acting Assistant City Manager/Development Services Director

SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the FY2022 Operating Budget for the Development Services Department Building Division for Outside Plan Check, Building Inspection, and Permit Technician Services

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving an amendment to the FY2022 budget for the Development Services Department (DSD) - Building Division, increasing the appropriation from $800,000 to $1,270,000 for consulting services for outside plan check, building inspections, and permit technician services.

SUMMARY

The City currently has executed agreements with five outside consulting firms to augment DSD Building Division staff by providing plan check, inspection, and permit technician services. The compensation for these agreements is for an amount not-to-exceed the annual budget appropriation (distributed as appropriate amongst the consultants for work performed) for FY 2022, and for a term up to three years or until 2024.

BACKGROUND

The City of Hayward has maintained agreements with multiple firms to provide plan check and inspection services to support customer demand that exceeds the availability or workload capacity of Building Division staff.

This approach toward managing plan review applications disperses the workload between City staff and consultants and provides the flexibility to augment staff as necessary to cover

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increases in permit applications and long-term absences of permanent staff. Agreements with multiple outside firms also allow staff to ensure that large projects, such as complex commercial and industrial projects or subdivisions, involving multiple sets of plans can be reviewed and inspected in a timely manner.

Retaining several firms under contract who are available to respond on short notice also provides the City the flexibility to use qualified firms or persons that are best suited, based on specific areas of specialization and availability of personnel. The City currently has executed agreements with five outside consulting firms to provide these services:

 4 Leaf Inc.
 CSG Consultants
 Independent Code Consultants
 Shums Coda Associates
 West Coast Code Consultants

Each year, staff requests that Council approve an amendment to the fiscal year budget appropriation for Consulting Services in the Building Division based on the receipts received by the City to perform these services. Staff is seeking Council approval to amend the FY2022 Operating Budget for the DSD Building Division for outside plan check, building inspection and permit technician services based on collected revenues for these specific services.

DISCUSSION

The continued rise in demand for permits and inspection services necessitates the utilization of outside services, resulting in increased costs that have surpassed the original FY 2022 budget appropriation of $330,000 established by Resolution 21-042. As of the end of April 2022, staff anticipates approximately $370,444 will be charged by outside consultants for plan check, building inspection, and permit technician services. These charges are largely due to several large projects, including Lincoln Landing, SOHAY, Legacy Partners, Hines, Berkeley Farms, and Mission Crossings.

The additional $470,000 of appropriated funds will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected. The City will not incur these expenses if fee revenues are not generated. To date, approximately $3.5 million in total revenue has been collected for permit and inspection fees.

Staff seeks Council approval to increase the expenditure appropriation for Consultant Services in the Building Division by an additional $470,000, for a total revised budget of $1,270,000, to cover the cost of outside plan check, building inspection, and permit technician services.

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FISCAL IMPACT

The additional appropriation of $470,000 in the General Fund will be offset by fees collected for building plan by perm it applicants a t the time p lans and applications ar e submitted, and permit fees collected for inspection services. The City will not incur these expenses if fee revenues are not ge nerated. To date , approximately $3.5 million in total revenue has been collected for permit and inspection f ees. The agreements are structured to e nsure costs fo r plan check and inspection fees incurred by the consulta nts shall not exceed the City’s plan check and inspection fees coll ected by the City and shall not exceed the budget appropriation for the fiscal year. All anticipated costs asso ciated with consultant services are fully cost recover able and will be fully b orne by per mit applicants and permittees.

STRATEGIC ROADMAP

This agenda item is a routine operational item that do es not directly relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

NEXT STEPS

Should Council approve this action, staff will prepare a Budget Revision Form to request the appropriation of funds.

Prepared by: Tera Maroney, Management Analyst
Sara Buizer, AICP, Deputy Development Services Director

Recommended by: Dustin Claussen, Acting Assistant City Manager/Development Services Director

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-

Introduced by Council Member ________

RESOLUTION APPROPRIATING AN ADDITIONAL $470,000 FOR

CONSULTING SERVICES FOR PLAN CHECK, BUILDING INSPECTION, AND PERMIT TECHNICIAN SERVICES FOR FISCAL YEAR 2022

WHEREAS, the Development Services Department - Building Division received an initial budget appropriation of $ 330,000 for consulting services for outside plan check, building inspection and permit technician services in the FY22 Operating Budget; and

WHEREAS, each year staff requests that Council approve an amendment to the fiscal year budget appropriation for Consulting Services based on the receipts received by the City to perform outside plan check, building inspection, and permit technician services; and

WHEREAS, on January 25, 2022, Council adopted resolution 22 -023 approving an amendment to the FY2022 budget for the Development Services Department (DSD) - Building Division, increasing the appropriation from $330,000 to $800,000 for consulting services for outside plan check, building inspections, and permit technician services; and

WHEREAS, maintaining agreements with multiple firms maintains the continuity of the stipulations within these agreements; and

WHEREAS, the Development Services Department has received permit applications for several large projects including but not limited to Lincoln Landing, SOHAY, Legacy Partners, Hines, Berkeley Farms, and Mission Crossings; and

WHEREAS, the Development Services Department anticipates invoices for these projects will total approximately $370,444; and

WHEREAS, the additional appropriation of $470,000 in the General Fund will be offset by fees paid for building plan check by permit applicants at the time plans and applications are submitted and permit fees for inspections are collected , of which , approximately $3.5 million in revenue has been collected for permit and inspection fees; and

WHEREAS, the cost of cont racting for consultant plan check, building inspection, and permit technician services is offset by th ose fees paid for by the permit applicant at the time plans are submitted, having no impact to the General Fund.

ATTACHMENT II

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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAYWARD that an amendment to the FY 2022 Budget Resolution, Resolution 21-100, for an increase in appropriation in the amount of $ 470,000 in the General Fund, for a revised budget appropriation of $1,270,000, is hereby approved.

IN COUNCIL, HAYWARD, CALIFORNIA, ____________.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:_____________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-358
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Awarding a Contract to GSW Construction, Inc., for the Trash Capture Device Installation on Cotter Way Project No. 07675 in the Amount of $188,600, Approving $18,900 Construction Contingency Budget, and Appropriating an Additional $70,000 to the Project

RECOMMENDATION
That Council adopts a (Attachment II) approving Addendum No. 1 to the specifications, which included rescheduling the pre-bid meeting for the Cotter Way Project, Project No. 07675 (Project), and awarding the construction contract to GSW Construction, Inc., (GSW) in the amount of $188,600, approving a construction contingency budget of $18,900, and approving an additional appropriation of $70,000 to the Project.

SUMMARY
The proposed Project would install a continuous deflective separator (CDS) unit in the existing storm drain under Cotter Way for trash capture from the stormwater 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 would be funded by the US Environmental Protection Agency (EPA) Water Quality Improvement Fund grant awarded to the City in January 2015.

In May 2022, the City released a call for bids and received two competitive bids. Staff recommends awarding the contract to GSW Construction, Inc., in the amount of $188,600 and a contingency budget of $18,900 for a total amount not-to-exceed $207,500.

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

ATTACHMENTS
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 2
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File #:CONS 22-358
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Awarding a Contract to GSW Construction, Inc., for the Trash Capture Device Installation on Cotter Way Project No. 07675 in the Amount of $188,600, Approving $18,900 Construction Contingency Budget, and Appropriating an Additional $70,000 to the Project

RECOMMENDATION

That Council adopts a (Attachment II) approving Addendum No. 1 to the specifications, which included rescheduling the pre-bid meeting for the Cotter Way Project, Project No. 07675 (Project), and awarding the construction contract to GSW Construction, Inc., (GSW) in the amount of $188,600, approving a construction contingency budget of $18,900, and approving an additional appropriation of $70,000 to the Project.

SUMMARY

The proposed Project would install a continuous deflective separator (CDS) unit in the existing storm drain under Cotter Way for trash capture from the stormwater 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 would be funded by the US Environmental Protection Agency (EPA) Water Quality Improvement Fund grant awarded to the City in January 2015.

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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 are 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).

In January 2015, Region 9 of the EPA awarded the City $800,000 to fund the Hayward Youth- Based 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 Hayward Youth-Based Trash Capture, Reduction and Watershed Education 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 would 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 requirements. The installation of the CDS trash capture unit is part of the Hayward Youth-Based Trash Capture, Reduction and Watershed Education Project. In 2021, staff evaluated various locations and selected the Cotter Way location. The location on Cotter Way 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

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=530699&GUID=176DAFD5-E4D9-4DB7-ACCE- 3FD49ED3900B&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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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. 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. The installation of the CDS unit requires hiring a contractor to complete. A competitive bid was released on May 2, 2022 after Council approved the release of bids on April 19, 2022. Two bids were received for the Project. The lower bid was received from GSW. 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 and backfilling the area, and repairing the street to pre-construction 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 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 as with the Patrick and Tyrrell CDS units.

On November 15, 2016, Council adopted a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for this Project is less than $1,000,000, the CWA agreement does not apply to this project.

ECONOMIC AND FISCAL IMPACT

The estimated project costs are as follows:

Design and Construction Administration - City Staff $15,000 Construction Inspection (Estimated) $15,000 Construction Contract $188,600
Administrative Change Order (Estimated) $18,900
Trash Capture Devices (Contech) $150,000 Total: $387,500

In the recently adopted FY 2023 Capital Improvement Program, Trash Capture Device and Litter Reduction Education Project, Project No. 07675, has an adopted budget of $925,000 in Sewer Replacement Fund 611. The project is funded by an EPA Region 9 grant of $800,000 and a transfer of $125,000 from Stormwater Operating Fund (Fund 615) programmed in FY 2023. As of June 2022, approximately $608,000 was expended and a remaining balance of $317,000 available in FY 2023. Due to the rising cost of construction labor and materials, Staff is requesting an additional appropriation of $70,000in the Stormwater Fund 615 to be transferred and appropriated in the Sewer Replacement Fund 611 to support the project.

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STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Invest in Infrastructure. Specifically, this item relates to:

N22 Meet regulatory requirements for zero trash in stormwater by installing trash capture devices
N22a Install trash capture devices

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.

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 the award of contract, staff will prepare the construction contract and issue a notice to proceed. The following schedule has been developed for this project:

Award Construction Contract June 21, 2022
Notice to Proceed July 2022
Construction Completion August 2022

Additional trash capture devices will be needed to achieve a 100% reduction in trash entering the waters of the state by 100% by 2022. Staff is investigating the feasibility of installing a CDS unit on Arf Avenue and Tennyson Road; however, this project would be more complicated as it will be on facilities owned by the Alameda County Flood Control District. The Arf Avenue and Tennyson Road CDS units will be larger than the unit on Cotter Way. The added complexity of this project and the larger size will make the installation at Arf Avenue and Tennyson Road more expensive. A cooperative agreement has been executed between the City and the California Department of Transportation (Caltrans), who will fund both the Arf and Tennyson CDS installation projects.

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Prepared by: Elisa Wilfong, Water Pollution Control Administrator Saeed Saebi, Associate Civil Engineer
Erik Pearson, Environmental Services Manager
Kathy Garcia, Deputy Public Works Director

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 AWARDING THE CONTRACT FOR THE TRASH CAPTURE
DEVICE INSTALLATION ON COTTER WAY PROJECT NO. 07675, TO GSW CONSTRUCTION, INC., APPROVING A CONSTRUCTION CONTINGENCY BUDGET, AND APPROPRIATING AN ADDITIONAL $70,000 TO THE PROJECT

WHEREAS, by Resolution No. 22-091 on April 19, 2022, the City Council approved the plans and specifications for the Trash Capture Device Installation on Cotter Way, Project No. 07675, and called for bids to be received on May 17, 2022; and

WHEREAS, on May 17, 2022, two(2) bids were received ranging from $188,600 to $325,000; GSW Construction, Inc., of San Francisco, CA, submitted the low bid in the amount of $188,600, which is 16% percent below the Engineer’s Estimate of $225,000; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that GSW Construction , Inc., is hereby awarded the contract for the Trash Capture Device Installation on Cotter Way, Project No. 07675, for $188,600 in accordance with the plans and specifications adopted therefo re and on file in the office of the City Clerk of the City of Hayward, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED that a 10% contingency budget of $18,900 is hereby approved for the project.

BE IT FURTHRE RESOLVED that the City Manager is hereby directed to execute an agreement with GSW Construction , Inc., for the project specified herein, in a form to be approved by the City Attorney.

BE IT FURTHER RESOLVED that an additional $70,000 is appropriated in the Stormwater Fund 615 to transfer and appropriate in the Sewer Replacement Fund 611 to support the 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

33" RCP
SD
S
S
SW
RIM 95.1±
INV 82.98

PROJECT

LOCATION

COTTER WAY

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-360
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Awarding the Construction Contract to Rosas Brothers Construction, Inc., for the FY22 Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05318 in an Amount Not-to-Exceed $752,392

RECOMMENDATION
That Council adopts a resolution (Attachment II) awarding the construction contract to Rosas Brothers Construction, Inc., (Rosas) for the FY22 Sidewalks Rehabilitation and Wheelchair Ramps Project No. 05318 in an amount not-to-exceed $752,392.

SUMMARY
On May 24, 2022, the City received five (5) bids for the project ranging from $752,392 to $1,101,786. Rosas Brothers Construction, Inc. of Oakland, submitted the lowest bid of $752,392, which is

4.5% higher than the Engineer’s Estimate of $720,000. Spencon Construction, Inc., of San Ramon submitted the second lowest bid in the amount of $753,657 which is 4.7% higher than the Engineer’s Estimate. Staff is recommending that a construction contract be awarded to Rosas Brothers Construction, Inc. in the amount of $752,392.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Districts Map
Attachment IV District 2 & 3 Site Map
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 1
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Awarding the Construction Contract to Rosas Brothers Construction, Inc., for the FY22 Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05318 in an Amount Not-to-Exceed $752,392

RECOMMENDATION

That Council adopts a resolution (Attachment II) awarding the construction contract to Rosas Brothers Construction, Inc., (Rosas) for the FY22 Sidewalks Rehabilitation and Wheelchair Ramps Project No. 05318 in an amount not-to-exceed $752,392.

SUMMARY

On May 24, 2022, the City received five (5) bids for the project ranging from $752,392 to $1,101,786. Rosas Brothers Construction, Inc. of Oakland, submitted the lowest bid of $752,392, which is 4.5% higher than the Engineer’s Estimate of $720,000. Spencon Construction, Inc., of San Ramon submitted the second lowest bid in the amount of $753,657 which is 4.7% higher than the Engineer’s Estimate. Staff is recommending that a construction contract be awarded to Rosas Brothers Construction, Inc. in the amount of $752,392.

BACKGROUND

This project is a continuation of the City’s Annual Sidewalk Rehabilitation Program for the repair of damaged concrete sidewalks that began in 2001. To facilitate the selection of sidewalk areas for repair, the City was divided into ten sidewalk repair districts (Attachment III). In 2001, funding was only available for rehabilitation in two districts per year. The FY 2022 Sidewalk Rehabilitation Program will be able to repair damaged sidewalks in District 2 (Orchard Hayward Hills Area) and District 3 (Huntwood Tyrrell Area). Attachment IV depicts the districts covered in this year’s project. Staff conducted a sidewalk survey in these districts to identify the number and location of sidewalks in need of repairs.

The Sidewalk Rehabilitation Program consists of two components, each performed under a separate construction contract. The first contract, which will start in August, will remove tripping hazards from sidewalk displacements or offsets up to 1¾ inches. These

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hazards will be removed by saw cutting or grinding each uplifted sidewalk panel across the width of the sidewalk to produce a smooth and uniform surface that meets Americans with Disabilities Act (ADA) slope requirements. Grinding or saw cutting up to 1¾ inches from a short segment of the typical 4” thick sidewalk section is less expensive and more cost effective than the removal and replacement of an entire sidewalk section.

The second component of the Sidewalk Rehabilitation Program, which is the subject of this report, removes and replaces, with new concrete, all sidewalk displacements exceeding 1¾ inches. In addition, it includes the repair of offset or raised concrete curb and gutter, tree trimming, root pruning of existing trees, and planting of new trees. In order to minimize damage to City Street trees and evaluate the health of any trees that may be impacted by the project, the contractor is required to retain an arborist to examine each street tree adjacent to the work and inspect any root pruning that is part of the project.

DISCUSSION

Based on the sidewalk survey, approximately 137 separate locations of damaged sidewalks, comprising a total of 13,000 square feet or 5% of total sidewalks in the City, will be repaired with this project and installation of approximately 76 wheelchair ramps. The proposed improvements will repair damaged sections of sidewalks and increase pedestrian mobility. Staff anticipates removing twelve trees and planting twenty-four trees in various locations. New trees will be planted where street trees are absent or where an existing tree must be removed because of disease or because it is in imminent danger of falling.

On May 24, 2022, five (5) bids were received. The bids ranged from $752,392 to $1,101,786. Rosas Brothers Construction, Inc. of Oakland submitted the lowest bid of $752,392, which is 4.5% higher than the Engineer’s Estimate of $720,000.

All bid documents and licenses are in order. Staff recommends award of a construction contract to the lowest responsive bidder, Rosas Brothers Construction Inc. of Oakland, in the amount of $752,392.

On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applied to City projects with construction costs of $1,000,000 or more. This agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for the FY 2022 Sidewalk Rehabilitation Project is less than $1,000,000, the CWA agreement does not apply to this project.

This project is categorically exempt for environmental review under the California Environmental Quality Act, Section 15301(c) that covers the operation, repair, maintenance or minor alteration of existing streets, sidewalks, and gutters.

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ECONOMIC IMPACT

The project will have a positive impact on the community as it provides safer and more accessible sidewalks and ramps for pedestrians. Dividing the City into 10 districts allows staff to select and recommend districts to ensure equitable distribution of this service to all City residents and businesses.

FISCAL IMPACT

The adopted FY 2022 Capital Improvement Program (CIP) includes $1,050,000 for the Sidewalk Rehabilitation Project in the Street System Improvements Fund (Fund 450).

Reimbursement from property owners for the sidewalk rehabilitation is estimated to be approximately $150,000.

The estimated project costs are as follows:

Construction Contract $752,392
Trip Hazard Removal (under a separate contract) 50,000
Design and Administration 50,000
Construction Survey, Inspection, and Testing 122,608
TOTAL $975,000

STRATEGIC ROADMAP

This agenda item is a routine operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.

SUSTAINABILITY FEATURES

This project requires that all material generated during construction and demolition be sent to designated facilities for recycling. Recycled Portland Cement Concrete will be required for use as aggregate base for the concrete curb, gutter, and sidewalk. The improvements made to the sidewalks will encourage the public to walk more as opposed to driving their vehicles.

This reduces both carbon emissions and carbon footprints, which is beneficial for the environment.

PUBLIC CONTACT

Owners of the affected properties have received certified letters regarding the program along with a response form to return to the City indicating their choice to complete the repairs themselves or pay the $550 fee for single-family homes or actual repair costs for commercial and investment properties to have the City complete the work. Property owners have the option of paying the fee in one lump sum or in twelve monthly payments. The response form also includes a list of trees that an owner can choose from for a replacement tree. Before construction commences, a second notice will be sent to all property owners who did not respond to the first notice to assure they are aware of the program.

NEXT STEPS

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The estimated schedule for this project is as follows:

Begin Construction July 25, 2022
Complete Construction October 26, 2022
Prepared by: Mir Ali, Assistant Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public works

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member ________________

RESOLUTION AWARDING THE CONSTRUCTION CONTR ACT TO ROSAS BROTHERS CONSTRUCTION , INC. , FOR THE FY22 SIDEWALK
REHABILITATION AND WHEELCHAIR RAMPS PROJECT NO 05318 IN THE AMOUNT OF $752,392

WHEREAS, by resolution on April 26, 2022, the City Council approved the plans and specifications for the Sidewalk Rehabilitation FY22, Project No. 05318 and called for bids to be received on May 24, 2022; and

WHEREAS, on May 24, 20 22, five bids were recei ved ranging from $752,392 to $1,101,786: Rosas Brothers Construction, Inc. of Oakland, California, submitted the lowest bid in the amount of $752,392, which is 4.5% higher than the Engineer’s Estimate of $720,000; and

NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Hayward that Rosas Brothers Construction, Inc. is the lowest responsible bidder whose bid complies with the spec ifications and is hereby aw arded the construction c ontract f or the Sidewalk Rehabilitation FY 2022, Project No. 05 318, for th e amount of $752,392 in accordance with the aforementioned plans and specifications on file in the Office of the City Clerk of the City of Hayward. All other bids are hereby rejected.

BE I T FURTH ER RESOLVED by the City Council of the City of Hayward that the Director of P ublic Works is authorized to expend up to $975,000 for project design, construction, project administration , trip hazard removal contract, construction survey, inspection, and testing and contingency costs to complete the project.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contr act with Rosas Brothers Construction , in th e n ame of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

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

ATTACHMENT IV

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-364
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for Wastewater Arrearages in an Amount Not-to-Exceed $744,389

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept up to $744,389 from the State Water Resources Control Board and appropriate the funds in Wastewater Operating Fund 610 so they may be spent in accordance with the requirements of the California Water and Wastewater Arrearage Payment Program.

SUMMARY
Last fall, staff applied for and received $1,853,487 through the CWWAPP, a program administered by the State Water Resources Control Board (SWRCB) to reduce delinquent water and wastewater balances for customers experiencing financial hardships related to the pandemic. The awarded funds were specifically for the water portion of eligible customer bills. This spring, staff submitted a second application for funding to cover the wastewater portion of eligible arrearages. The City has been awarded 100% of its request, and is now seeking authorization to accept and appropriate the awarded funds in an amount not -to-exceed $744,389 in Wastewater Operating Fund 610. These funds must be used to credit commercial and residential accounts that still have outstanding wastewater bills from the pandemic period, defined as March 4, 2020 to June 15, 2021.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 1
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for Wastewater Arrearages in an Amount Not-to- Exceed $744,389

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept up to $744,389 from the State Water Resources Control Board and appropriate the funds in Wastewater Operating Fund 610 so they may be spent in accordance with the requirements of the California Water and Wastewater Arrearage Payment Program.

SUMMARY

Last fall, staff applied for and received $1,853,487 through the CWWAPP, a program administered by the State Water Resources Control Board (SWRCB) to reduce delinquent water and wastewater balances for customers experiencing financial hardships related to the pandemic. The awarded funds were specifically for the water portion of eligible customer bills. This spring, staff submitted a second application for funding to cover the wastewater portion of eligible arrearages. The City has been awarded 100% of its request, and is now seeking authorization to accept and appropriate the awarded funds in an amount not-to-exceed $744,389 in Wastewater Operating Fund 610. These funds must be used to credit commercial and residential accounts that still have outstanding wastewater bills from the pandemic period, defined as March 4, 2020 to June 15, 2021.

BACKGROUND

The economic impacts resulting from the COVID-19 pandemic have left many Californians unable to pay their water and wastewater bills. In response, nearly $1 billion in Federal American Rescue Plan Act (ARPA) funding was allocated to the SWRCB to administer a program to reduce delinquent water and wastewater balances for customers experiencing financial hardships related to the pandemic.

Last fall, California community water systems were given the opportunity to report their residential and commercial customers’ delinquent bill amounts during the pandemic period, defined as March 4, 2020 to June 15, 2021, and apply for CWWAPP funding to credit

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those delinquent customers’ accounts, thereby forgiving their debt. The $1,853,487 applied for and awarded during this initial application period was intended to cover all of Hayward residential and commercial customers’ eligible delinquent bill amounts related to drinking water. During the February 22, 2022 City Council Meeting1, Council authorized the receipt and appropriation of these funds.

In spring 2022, staff submitted a second application for funding to cover the wastewater portion of eligible arrearages.

DISCUSSION

Hayward commercial and residential customers’ delinquent bills for wastewater during the pandemic period totaled $722,708. This amount is owed by 2,469 residential accounts and 123 commercial accounts. Staff requested funding through the CWWAPP to cover this entire amount, plus an additional 3%, or $21,681, for costs to administer the program.

Administrative requirements include posting funds to customer accounts within sixty-days of receipt, notifying customers of the posted funds, and direct noticing to customers who still have remaining debt, offering to enroll them in a payment plan. Additional program requirements can be found in the Program Guidelines, posted on the SWRCB website2.

ECONOMIC IMPACT

People of color and low-income communities have and continue to be disproportionately impacted by COVID-19, and these funds will provide much-needed relief to those local residents and commercial business owners who were hit hardest by the crisis. The assistance will aid both Hayward water customers and the local economy in its recovery from the pandemic.

FISCAL IMPACT

A total of $744,389 has been awarded to the City to offset customer’s wastewater arrearages and administer this program. If approved by Council, this amount will be accepted as revenue in Wastewater Operating Fund 610, and will then be appropriated so it may be posted to eligible customers’ accounts and spent on eligible administrative costs.

It is important to note that any pandemic-period wastewater debt which a customer has paid between the date this amount was calculated and the date funds would be posted to their account becomes ineligible for coverage under the program and must be returned to the State. For this reason, it is possible that the total amount accepted and appropriated within Fund 610 may be less than the award amount reflected in this report.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Grow the Economy. Specifically, this item relates to the following projects:

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5459681&GUID=0B78D1B7-0CAE-4636-A6A8-32C6E43209FD&Options=&Search= 2 https://www.waterboards.ca.gov/arrearage_payment_program/

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Project E6: COVID-19 Pandemic Response

Project E7: COVID-19 Pandemic Recovery Business Assistance

This agenda item also supports the Strategic Priority of Strengthen Organizational Health.

Specifically, this item relates to the following projects:

Project R1: Maintain and expand fiscal sustainability

Project R2: Budget Changes due to COVID-19

SUSTAINABILITY FEATURES

This item does not involve any sustainability features.

PUBLIC CONTACT

The CWWAPP has several public contact requirements, including that the City must notify customers when funds are posted to their accounts. The City must also send a direct notice to customers who still have remaining debt, offering to enroll them in a payment plan. A full list of the program requirements can be found in the Program Guidelines, posted on the SWRCB website3.

NEXT STEPS

If approved, staff will accept and appropriate the CWWAPP funds in Wastewater Operating Fund 610 to administer the program per the program requirements.

Prepared by: Kait Byrne, Senior Management Analyst

Recommended by: Alex Ameri, Director of Public Works

Approved by:

Kelly McAdoo, City Manager

3 https://www.waterboards.ca.gov/arrearage_payment_program/

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND

APPROPRIATE FUNDS FOR THE CALIFORNIA WATER AND WASTEWATER

ARREARAGE PAYMENT PROGRAM (CWWAPP) FOR WASTEWATER
ARREARAGES IN AN AMOUNT NOT TO EXCEED $744,389

WHEREAS, nearly $1 billion in Federal American Rescue Plan Act (ARPA) funding has been allocated to the California State Water Resources Control Board (SWRCB) to administer a program to reduce delinquent water and wastewater balances for customers experiencing financial hardships related to the COVID-19 pandemic; and WHEREAS, the SWRCB used this funding to establish the California Water and Wastewater Arrearage Payment Program (CWWAPP), a program intended to provide relief to community water and wastewater systems for unpaid customer bills during the pandemic; and
WHEREAS, the SWRCB provided community water systems the opportunity to apply for funding through the CWWAPP to cover their commercial and residential customer’s wastewater arrearages incurred during the pandemic period, defined as March 4, 2020 to June 15, 2021; and
WHEREAS, Hayward commercial and residential customers’ eligible delinquent bills for wastewater totaled $722,708; and
WHEREAS, Hayward requested a total of $744,389 through the CWWAPP, which included an additional 3%, or $21,682, for costs to administer the program; and WHEREAS, the SWRCB approved the City of Hayward’s full request.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to accept up to $744,389 from the State Water Resources Control Board and appropriate the funds in Wastewater Operating Fund 610 so they may be spent in accordance with the requirements of the California Water and Wastewater Arrearage Payment Program.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA June 21, 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 22-366
DATE: June 21, 2022
TO: Mayor and City Council
FROM: Maintenance Services Director

SUBJECT
Adopt a Resolution of Intention to Preliminarily Approve the Engineer’s Report and Assessments for Fiscal Year 2023 for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18, and Set July 5, 2022, as the Public Hearing Date

RECOMMENDATION
That Council adopts a resolution of intention (Attachment II) to approve the Engineer’s report (Attachment III) and assessments for Landscaping and Lighting District No. 96-1 for FY 2023 and sets July 5, 2022, as the public hearing date.

SUMMARY
The Landscaping and Lighting Act of 1972 requires an annual review and update of the Engineer’sReport to set annual assessment rates for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and capital replacement requirements. Recommended annual assessment rates cannot exceed the Maximum Base Assessment (MBA) Rate established when a zone was originally formed. The annual engineer’s report is included as Attachment III and includes a detailed summary for each of the eighteen benefit zones.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Engineer’s Report
CITY OF HAYWARD Printed on 6/17/2022Page 1 of 1
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DATE: June 21, 2022

TO: Mayor and City Council

FROM: Maintenance Services Director

SUBJECT: Adopt a Resolution of Intention to Preliminarily Approve the Engineer’s Report and Assessments for Fiscal Year 2023; and set July 5, 2022, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18

RECOMMENDATION

That Council adopts a resolution of intention (Attachment II) to approve the Engineer’s report (Attachment III) and assessments for Landscaping and Lighting District No. 96-1 for FY 2023 and sets July 5th as the public hearing date.

SUMMARY

The Landscaping and Lighting Act of 1972 requires an annual review and update of the Engineer’s Report to set annual assessment rates for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and capital replacement requirements.

Recommended annual assessment rates cannot exceed the Maximum Base Assessment (MBA) Rate established when a zone was originally formed. The annual engineer’s report is included as Attachment III and includes a detailed summary for each of the eighteen benefit zones.

BACKGROUND

The Landscaping and Lighting Act of 1972 (Streets and Highways Code §22500) is a flexible tool used by local government agencies to form Landscaping and Lighting Assessment Districts to finance the cost and expense of operating, maintaining, and servicing landscaping (including parks), and lighting improvements in public areas. In 1996, six separate Landscaping and Lighting Districts, Benefit Zones 1-6, were consolidated into one district, Consolidated Landscaping and Lighting Assessment District No. 96-1, “the District,” by the adoption of Resolution No. 96-63. In subsequent years, zones 7-18 were individually created and annexed into the District. This staff report and attached engineer’s report provide assessment, benefit, and budget details for each of the established eighteen zones. Table 1 on the following page provides a summary of the benefit zones, including the year in which each zone was formed and the number of assessable parcels within each zone.

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DISCUSSION

Recommended changes to a zone’s annual assessment rate are based on annual expenses, required cash flow, and capital replacement requirements. When determining the annual assessment rate, staff looks at two things:

(1) Maximum Base Assessment (MBA) – The MBA is the maximum assessment rate that a parcel can be charged annually. This amount is established during the original formation of the zone.

The annual MBA can only be increased if an inflation factor was included in the original formation document.

(2) Assessment Revenue – The assessment revenue is the annual amount of revenue collected by charging each parcel an assessment rate. The assessment rate recommendation depends on review of the following three items:

a. Annual Expenses – Annual operating and maintenance expenses are estimated based on past years’ experience and future years’ estimates. Expenses include staff administration, noticing, and annual reporting.

A B C D E
Zone Name/Location Year Formed Type of
Development
Number of Assessed
Parcels/SFE
1 Huntwood Ave. and Panjon St. 1990 Residential 30
2 Harder Rd. and Mocine Ave. 1991 Residential 85
3 Prominence 1992 Residential 155
4 Stratford Village 1995 Residential 174
5 Soto Rd. and Plum Tree St. 1995 Residential 38
6 Pepper Tree Park 1982 Industrial 11
7 Twin Bridges 1998 Residential 348
8 Capitola St. 1999 Residential 24
9 Orchard Ave. 2000 Residential 74
10 Eden Shores 2003 Residential 534
11 Stonebrae 2006, 2018, 2020 Residential 644
12 Eden Shores East (Spindrift) 2007, 2016 Residential 379 13 Cannery Place 2008 Residential 599
14 La Vista 2016 Residential 179
15 Cadence 2017 Residential 206
16 Blackstone 2016 Residential 157
17 Parkside Heights 2019 Residential 97
18 SoHay 2019 Residential 433
4,167
Self-Maintained.

Total Assessed Parcels:

TABLE 1: DESCRIPTION OF BENEFIT ZONES

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b. Cash Flow – This is the amount of “cash” needed to pay monthly invoices when revenue is not received monthly (assessment rates are received through property tax revenues collected by Alameda County, which are transmitted to the City three times a year (January, May, and June).
c. Capital Replacement – This is the “savings account” where funds are collected and reserved each year to fund future capital replacement items. Future capital expenses are estimated based on an inventory of capital items, their useful life, and future replacement cost.

Table 2 on the following page summarizes assessment information by zone. The table provides assessment details for each zone by describing the number of parcels, if there is an annual inflation adjustment included the MBA rate, the FY 2023 assessment rate, and the change between last year’s adopted assessment and this year’s recommended assessment.

For FY 2023, staff recommends no change to nine zones (Zone 2, 4, 5, 6, 7, 8, 9, 15 and 17) and nine increases (zone 1, 3, 10, 11, 12, 13, 14, 16, and 18), based on annual expenses, required cash flow, and future capital replacement.

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Note: FY 2023 Special Assessment Rate Increase - Zone 18 (SoHay) In FY 2022, the LLAD 18 (SoHay) development was still under construction and the maintenance responsibility of the park remained with the developer, so the Zone was assessed at a rate significantly lower ($50.00) than the maximum rate ($409.57). During this time period, the City did not offer significant services to the District during construction. Now, a year later, the development is projected to be completed in FY 2023 and the City anticipates accepting the full responsibility and cost of maintaining LLAD 18 on 7/1/2022. As a result, staff is recommending an increase in the assessment rate to $400.00 to cover the estimated annual operating and maintenance expenses, as detailed in the Engineer’s Report.

Proposition 218 Compliance
For FY 2023, all assessments are proposed to be levied in compliance with Proposition 218 and do not require the noticing and balloting of property owners to obtain their approval. Any future increases in the assessment amounts that would exceed the MBA amount would require noticing and balloting of property owners.

A B C D E F G H I J
Zone Name/Location # Parcels CPI Adj (5) FY 2023 Max
Base Assessment
FY 2023
Rate
FY 2022
Assessment
1 Huntwood Ave. and Panjon St. 30 No 295.83 214.00 208.66 Incr 5.34 3% 2 Harder Rd. and Mocine Ave. 85 No 193.39 122.86 122.86 None - 0% 3 Prominence 155 Yes 1,062.12 951.66 923.95 Incr 27.71 3% 4 Stratford Village 174 No 180.00 116.16 116.16 None - 0% 5 Soto Rd. and Plum Tree St. 38 No 258.67 255.17 255.17 None - 0% 6 Pepper Tree Park 11 No 2.61 2.61 2.61 None - 0% 7 Twin Bridges 348 Yes 1,110.94 591.70 591.70 None - 0% 8 Capitola St. 24 Yes 794.54 186.56 186.56 None - 0% 9 Orchard Ave. 74 Yes 212.14 34.19 34.19 None - 0% 10 Eden Shores 534 Yes 1,265.04 287.32 278.94 Incr 8.38 3% 11a Stonebrae (Developed) 617 Yes 1,794.28 340.44 330.52 Incr 9.92 3% 11b Stonebrae (Undeveloped) 27 Yes 538.28 180.43 175.18 Incr 5.25 3% 12a Eden Shores - East 261 Yes 237.76 92.70 90.00 Incr 2.70 3% 12b Eden Shores East (Spindrift) 118 Yes 232.80 92.70 90.00 Incr 2.70 3% 13 Cannery Place 599 Yes 1,349.22 371.82 361.00 Incr 10.82 3% 14 La Vista 179 Yes 704.16 704.16 683.65 Incr 20.51 3% 15 Cadence 206 Yes 682.86 N/A N/A N/A N/A N/A 16a Blackstone (Zone A) 133 Yes 487.00 482.00 467.96 Incr 14.04 3% 16b Blackstone (Zone B) 24 Yes 511.34 506.08 491.34 Incr 14.74 3% 17 Parkside Heights 97 Yes 564.86 528.69 528.69 None - 0% 18a SoHay Zone A (Developed) 192 Yes 430.82 400.00 50.00 Incr 350.00 700% 18b SoHay Zone A (Undeveloped) 69 Yes 129.25 120.00 15.00 Incr 105.00 700% 18c SoHay Zone B (Developed) 79 Yes 409.28 380.00 47.50 Incr 332.50 700% 18d SoHay Zone B (Undeveloped) 93 Yes 122.78 114.00 14.25 Incr 99.75 700% TABLE 2: ASSESSMENT AMOUNTS BY BENEFIT ZONE
Change from last year (7)

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FISCAL AND ECONOMIC IMPACT

There is no fiscal impact to the City’s General Fund from this recommendation because expenditures are to be paid by assessment rates in each respective zone. All zones have adequate cash balances for annual expenses, cash flow, and capital replacement.

STRATEGIC ROADMAP

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

PUBLIC CONTACT

City staff: 1) mailed a postcard to all affected property owners to provide details of their recommended FY 2023 assessment rate and to alert them to two Council meetings where they could provide input (June 21 and July 5); 2) held a virtual meeting on June 15 via Zoom; and 3) will be publishing a printed legal notice in the East Bay Times on June 24, 2022.

NEXT STEPS

Following this Council meeting, the City is proposing to hold a public hearing on July 5, 2022, to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the County Auditor’s office to be included on the FY 2023 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

If Council adopts the attached resolution of intention, a noticed public hearing on July 5, 2022 to consider approving the Engineer’s Report and order the levy of assessments for FY 2023 will be scheduled.

Prepared by: Liz Sanchez, Management Analyst

Recommended by: Todd Rullman, Maintenance Services Director

Approved by:
__________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member ________

RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT,
DECLARING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2023 FOR CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT NO. 96-1, ZONES 1- 18, AND SETTING JULY 5, 2022, AS THE PUBLIC HEARING DATE

BE IT RESOLVED by the City Council of the City of Hayward, as follows:

1. On May 7, 1996, the Consolidated Landscaping and Lighting District No. 96-1, Zones 1-6 (the “District”) was established by the adoption of Resolution No. 96-93 and, subsequently, Zones 7-18 were respectively annexed to the District.

2. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and was ordered to prepare an Engineer’s Report in accordance with Article XIIID of the California Constitution.

3. SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and was ordered to prepare an Engineer’s Report in accordance with Article 4 of Chapter 1 of the Act and Article XIIID of the California Constitution.

4. The Engineer of Work has prepared a report in accordance with the provisions of Article XIIID, Section 4, of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. Said report has been made, filed, and duly considered by this City Council and is hereby deemed sufficient and preliminarily approved. Said report shall stand as the report for all subsequent proceedings relating to the proposed levy of District assessments for Fiscal Year 2023.

5. It is the intention of the City Council to order the levy and collection of assessments within the District for Fiscal Year 2023.

ATTACHMENT II

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6. The improvements consist of the construction, operation, maintenance, rehabilitation, and servicing of landscaping, street lighting, open space facilities, parks, trails, and appurtenant (pertaining to something that attaches) facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and facilities.

7. Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping improvements, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and painting of street lights and other improvements to remove graffiti.

8. The proposed assessments for Zones 2, 4, 5, 6, 7, 8, 9, 15 and 17 are unchanged from the previous year’s assessments.

9. The proposed assessments for Zones 1, 3, 10, 11, 12, 13, 14, 16, and 18 are more than the previous year’s assessments.

10. Reference is hereby made to the aforementioned report on file with the City Clerk for a full and detailed description of the improvements, the boundaries of the proposed District, and the proposed assessments upon assessable lots within said District.

11. On July 5, 2022, at the hour of 7:00 p.m., in the regular meeting place of this City Council, City Council Chambers, 777 B Street, Hayward, California, a public hearing will be held on the levy of the proposed assessments. Prior to the conclusion of said public hearing, any interested person may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest by a property owner shall contain a description sufficient to identify the property owned by such owner.

12. The City Clerk is hereby directed to cause a notice of said meeting and hearing to be made in the form and manner provided by applicable laws.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA June 21, 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

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Fiscal Year 2023

ENGINEER’S REPORT
City of Hayward
Landscaping and Lighting Assessment District 96-1
June 2022
Preliminary Report

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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City of Hayward
City Council
Barbara Halliday, Mayor
Angela Andrews, Council Member
Sara Lamnin, Council Member
Elisa Márquez, Council Member
Mark Salinas, Council Member
Aisha Wahab, Council Member
Francisco Zermeño, Council Member
Clerk of the Council
Miriam Lens
City Manager
Kelly McAdoo
City Attorney
Michael Lawson
Engineer of Work
SCI Consulting Group

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023
Page ii

Table of Contents
Introduction ............................................................................................................... 1 Overview.................................................................................................................................... 1 Background ................................................................................................................................ 1 Method of Apportionment ........................................................................................................ 4 Zone Classification ..................................................................................................................... 5 Assessment Roll ......................................................................................................................... 6 Estimate of Costs ....................................................................................................................... 6 Legislative Analysis .................................................................................................................... 7 Inflation Factor Allowance Overview ........................................................................................ 7 Noticing, Public Comment, and Public Hearing ......................................................................... 8 Plans and Specifications ............................................................................................. 9 Introduction ............................................................................................................................... 9 Description of District ................................................................................................................ 9 Description of Improvements ................................................................................................... 9 Zone 1 (Huntwood Ave.& Panjon St.)...................................................................................... 11 Zone 2 (Harder Rd. & Mocine Ave.) ........................................................................................ 14 Zone 3 (Prominence) ............................................................................................................... 17 Zone 4 (Stratford Village) ........................................................................................................ 21 Zone 5 (Soto Rd. & Plum Tree St.) ........................................................................................... 25 Zone 6 (Peppertree Park) ........................................................................................................ 28 Zone 7 (Twin Bridges) .............................................................................................................. 31 Zone 8 (Capitola Street)........................................................................................................... 34 Zone 9 (Orchard Ave.) ............................................................................................................. 37 Zone 10 (Eden Shores Residential) .......................................................................................... 40 Zone 11 (Stonebrae Country Club) .......................................................................................... 43 Zone 12 (Spindrift - Eden Shore East) ...................................................................................... 47 Zone 13 (Cannery Place) .......................................................................................................... 51 Zone 14 (La Vista) .................................................................................................................... 54 Zone 15 (Cadence) ................................................................................................................... 57 Zone 16 (Blackstone) ............................................................................................................... 59 Zone 17 (Parkside Heights) ...................................................................................................... 62 Zone 18 (SoHay) ...................................................................................................................... 65 Assessment .............................................................................................................. 69 Vicinity Map ............................................................................................................. 71 Assessment Diagram ................................................................................................ 72 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023
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List of Tables
Table 1- Description Of Benefit Zones ............................................................................................. 2 Table 2- Assessment Amounts By Benefit Zone .............................................................................. 3 Table 3: Estimated Cash Balance Changes Per Benefit Zone ........................................................... 4

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Introduction
Overview
Each fiscal year an Engineer's Report (the "Report") is prepared and presented to the City of Hayward City Council (the "Council") describing the City’s Landscaping and Lighting Assessment District No. 96-1 (the "District"). The Report details changes to the District or improvements, an estimate of the costs of the maintenance, operations, and servicing of the improvements, and the proposed budget and assessments for that fiscal year.

Through a professional service agreement with SCI Consulting Group (the “Consultant”), the City of Hayward (the “City”) has requested the Consultant prepare and file the Report for the referenced fiscal year. This is the detailed Report for Fiscal Year (“FY”) 2023 regarding the District and the proposed assessments to be levied on the properties therein to provide ongoing funding for the costs and expenses required to service and maintain landscape and lighting improvements associated with and resulting from development of properties within the District, i n accordance with the proportional special benefits the properties receive from the improvements.

Following the preparation of the annual Report, a public hearing is held before the Council to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed public hearing, and review of the Report, the Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the R eport, and confirmation of the assessments, the Council shall order the levy and collection of assessments for FY 2023. In such case, the levy information will be submitted to the Alameda County Auditor/Controller and included as assessments on the property tax roll for the various services provided in FY 2023.

Background
In November 1996, the voters of California adopted Proposition 218 (the "Right to Vote on Taxes Act"), which has been codified as Articles XIII C and XIII D of the California Constitution. The 1972 Act permits the creation of benefit zones within any indiv idual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). If, in any year, the proposed annual assessments for the District exceed the maximum assessments previously approved in a Proposition 218 proceeding (or grandfathered under Proposition 218), such an assessment would be considered a new or increased assessment and be confirmed through a mailed property owner protest ballot proceeding before that new or increased assessment could be imposed.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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The District originally contained six benefit zones when initially formed in 1996, however, now totals eighteen benefit zones which are presented in this Report. This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and assessments applicable to those, as required by Proposition 218.

Table 1- Description Of Benefit Zones

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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The following table summarizes the FY 2023 assessment rates per benefit zone.

Table 2- Assessment Amounts By Benefit Zone

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The following table summarizes the revenue, expenditures, and account balance by benefit zone.

Table 3: Estimated Cash Balance Changes Per Benefit Zone

Method of Apportionment
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping and street lighting improvements.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon l ands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements."
Zone Name/Location
Est FY 2022
Ending Cash
Balance
FY 2023
Revenue
FY 2023
Expenditures Change
Est FY 2023
Ending Cash
Balance
1 Huntwood Ave. and Panjon St. 26,611 6,511 11,654 (5,143) 21,468 2 Harder Rd. and Mocine Ave. 30,930 10,666 10,329 337 31,266 3 Prominence 352,748 149,635 211,817 (62,183) 290,565 4 Stratford Village 111,859 20,898 31,169 (10,271) 101,588 5 Soto Rd. and Plum Tree St. 25,974 9,832 14,213 (4,381) 21,593 6 Pepper Tree Park 91,452 13,188 14,639 (1,451) 90,001 7 Twin Bridges 670,388 206,211 206,743 (532) 669,857 8 Capitola St. 60,639 4,801 11,653 (6,852) 53,788 9 Orchard Ave. 9,218 2,512 2,904 (392) 8,826 10 Eden Shores 480,187 153,121 185,303 (32,182) 448,005 11 Stonebrae 404,441 216,657 264,040 (47,383) 357,059 12 Eden Shores East (Spindrift) 18,924 34,686 36,655 (1,969) 16,955 13 Cannery Place 644,448 221,234 202,656 18,578 663,026 14 La Vista 222,017 126,045 145,888 (19,843) 202,174 15 Cadence - - - - - 16 Blackstone 157,203 75,067 80,790 (5,723) 151,480 17 Parkside Heights 84,200 54,211 51,715 2,496 86,697 18 SoHay 133,083 137,349 92,840 44,509 177,591 3,524,323 1,442,622 1,575,007 (132,384) 3,391,938 Self-Maintained.

TABLE 3: ESTIMATED CASH BALANCE CHANGES PER BENEFIT ZONE Cash Balance:

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]."
Proposition 218 also requires that maintenance assessments must be levied according to benefit rather than according to assessed value. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied based on benefit, they are not considered a tax, and, therefore, are not governed by Article XIIIA of the California Constitution.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." Article XIIID of the California Constitution provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements, and rights-of-ways.

Zone Classification
Each benefit zone is unique and distinguishable from other benefit zones located within the District. Each benefit zone is evaluated to determine which improvements are of a specific and direct benefit to the parcels in that benefit zone. Once the improvements have been identified, a method of spreading those costs to the benefiting parcels was developed.

As certain subdivisions develop throughout the City of Hayward, they may be annexed into an existing zone or there may be a new zone formed. Each new subdivision is evaluated to determine which improvements are of a specific and direct benefit to the parcels within the subdivision and then a determination is made whether to annex them into an existing zone or whether to form a new zone. The parcels, which benefit from the i mprovements, are identified and a benefit assessment spread methodology is developed to spread the costs of the improvements to the benefiting parcels.

Details of the various zones in the District, their corresponding number of parcels in each benefit zone, and the method of apportioning the costs of the improvements are in the zone description section.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Assessment Roll
A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the City’s Landscaping & Lighti ng Assessment District No. 96 -1 is shown on the last equalized Property Tax Roll of the Assessor of the County of Alameda, which by reference is hereby made a part of this report.

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessme nt Roll, which includes the proposed assessment amount for FY 2023 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hayward.

Estimate of Costs
The 1972 Act provides that the total cost of cons truction, operation, maintenance and servicing of the public landscaping, street lighting, open space facilities, parks, trails, etc. can be recovered by the District. Incidental expenses including administration of the district, engineering fees, legal fees and all other costs associated with the construction, operation, maintenance, and servicing of the district can also be included.

The 1972 Act requires that a special fund be set up for the revenues and expenditures for the District. Funds raised by the assessments shall be used only for the purposes as stated herein. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year.

The estimated FY 2023 revenues and expenditures for the proposed District are itemized by zone below. For a detailed breakdown on the operation, maintenance, and servicing costs for each benefit zone, please refer to the budget page following each zone’s description.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Legislative Analysis
Proposition 218 Compliance 1
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote on Taxes Act," which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural req uirements for the formation and administration of assessment districts. These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. H owever, if an increase in the assessment was anticipated in the assessment formula (for example, to reflect the CPI or an assessment cap) then the City would be following the provisions of Proposition 218 if the assessments did not exceed the assessment formula.

All the assessments proposed within the FY 2023 Engineer’s Report are equal to or less than the Maximum Base Assessment Rate authorized; therefore, Article XIIID, Section 4 vote requirements do not apply to these proceedings.

Inflation Factor Allowance Overview
No Allowance - Five of the eighteen benefit zones (1, 2, 4, 5, 6) do not have an inflation factor allowance within their respective assessment formula to increase their Maximum Base Assessment.

Allowance - Thirteen of eighteen benefit zones (3, 7-18) have an inflation factor allowance within their respective assessment formula to increase their Maximum Base Assessment Rate annually based upon the change in the prior year’s CPI. Their inflation factor is described below.

Benefit zones 3, 7-13, 17-18 apply the February CPI-U for the San Francisco-Oakland-Hayward, CA MSA
2 inflation factor. The CPI -U increase from February 2021 to February 2022 was 5.19%; therefore; a 5.19% increase was applied to the FY 2023 Maximum Base Assessment Rate for zones 3, 7-13, 17-18.

1 http://www.lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html 2 https://data.bls.gov/cgi-bin/surveymost (Feb 2021 to Feb 2022) City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Benefit zones 12 annexation, 14 -16 apply the December CPI -U for the San Francisco -Oakland- Hayward, CA MSA3 inflation factor, capped at 3.00% per fiscal year. Any change in the CPI in excess of 3.00% shall be cumulatively res erved as the “Unused CPI” and shall be used to increase the maximum authorized assessment rate in years in which the CPI is less than 3%. The CPI-U increase from December 2020 to December 2021 was 4.24%; therefore, the Maximum Base Assessment Rate for zones 12 annexation, 14-16 have been increased by 3.00%.

Noticing, Public Comment, and Public Hearing
Noticing and information regarding this report were provided via the following methods: 1) mailed a notice to all affected property owners to provide detail of their recommended FY 2023 assessment rate and to alert them to three public meetings where they could provide input (June 15, June 21, July 5), and 3) published a legal notice in the East Bay Times on June 24, 2022.

On July 5, 2022, the City is propo sing to hold a public hearing to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the Alameda County Auditor’s Office to be included on the FY 2023 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes.

All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

3 https://data.bls.gov/cgi-bin/surveymost (Dec 2020 to Dec 2021) City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Plans and Specifications
Introduction
As required by the Landscaping and Lighting Act of 1972, the annual Engineer's Report includes:
(1) a listing of the proposed assessment amount for each assessable lot or parcel; (2) a description of the improvements to be operated, maintained, and serviced; and (3) an estimated budget.

Description of District
The territory within the District consists of all lots and APNs of land that receive special benefits from the landscape and lighting improvements funded by the District assessments. The boundaries of the District are comprised of e ighteen benefit Zones. APNs within the District are identified and grouped into one of the eighteen designated Zones based on the special benefits properties receive from the District improvements and the authorized Maximum Base Assessments established. The eighteen Zones within the District and the benefits associated with the properties therein are described in more detail in the following pages of this Report. In addition, the individual zone diagrams (maps) are presented in the Assessment Diagram Sectio n of the Report and provide a visual representation of the District showing the boundaries of each benefit zone.

Description of Improvements
The facilities which have been constructed within the District and those which may be subsequently constructed, will be operated, maintained, and serviced as generally described as follows:

The improvements consist of the construction, operation, maintenance, rehabilitation, and servicing of landscaping, street lighting, open space facilities, parks, trails, and appurt enant (pertaining to something that attaches) facilities including but not limited to; personnel, electrical energy, utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and facilities as described below:

Landscaping Facilities
Landscaping facilities consist of, but are not limited to operation, maintenance and servicing of landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, hardscapes, decorative masonry and concrete walls, fountains, bus shelters, entry gate structures, graffiti removal, fences, and other appurtenant facilities required to provide landscaping within the public rights-of-way and easements within the boundaries of the Assessment District.

City of Hayward
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Engineer’s Report, FY 2023

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Street Lighting Facilities
Street lighting facilities consist of, but are not limited to operation, maintenance and servicing of poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and other appurtenant facilities within the public rights-of-way and easements within the boundaries of the Assessment District.

Open Space Facilities
Open space facilities consist of, but are not limited to operation, maintenance and servicing of drainage areas, creeks, ponds, etc. including the removal of trash and debris, sediment, natural and planted vegetation and other appurtenant facilities within the public rights -of-way and easements within the boundaries of the Assessment District.

Park/Trail Facilities
Park/Trail facilities consist of, but are not limited to: operation, maintenance and servicing of landscaping, irrigation systems, pedestrian access, asphalt bike pathways, parkways, and the removal of trash and debris, rodent control, used for the support of recreational programs and other appurtenant facilities within the public rights-of-way and easements within the boundaries of the Assessment Districts.

Maintenance
Maintenance means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping improvements, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste; the cleaning, sandblasting, and painting of street lights and other improvements to remove graffiti.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Zone 1 (Huntwood Ave.& Panjon St.)
Tract No. 06041
Formed: November 13, 1990
Resolution Number: 90-256
FY 2023
Maximum Base Assessment Rate: $295.83
Assessment Amount per Parcel: $214.00
Number of Parcels: 30
Assessment Income: $6,420.00

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1990.

• Is at the maximum, unchanged from the previous year at $295.83 per parcel.

• Includes an annual inflation increase: No.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 12 ends

FY 2023 Assessment and Income

FY 2023 Services
Services provided to this assessment zone include:

• Landscaping and irrigation: Including an 8-foot-wide landscaped strip along Huntwood Ave. within a landscape easement; and

• Surface maintenance of the street side: Including a 600 -foot masonry wall along Huntwood Ave. The maintenance includes painting, cleaning, graffiti removal, and minor surface repair.

• One-time maintenance: A budget of $5,000 is allocated for additional maintenance, as required.

Note: the ow nership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $208.66 to $214.00.

• The total annual assessment income will equal $6,420.00.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Landscape and Lighting District Zone 1 - Huntwood Ave. and Panjon St.

Fund 266, Project 3740
Established 1990, 30 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 295.83 295.83 295.83 295.83 b. Annual Per Parcel Assessment 202.58 202.58 208.66 214.00 c. # of Parcels 30 30 30 30 d. Total Amount Assessed for the District: 6,077 6,077 6,260 6,420 Income
a. Annual Assessment Revenue 6,077 6,077 6,260 6,420 b. Minus County Tax Collection Fee (1.7%) (103) (103) (106) (109) c. Adjustment for Delinquencies 441 - - - d. Other 608 400 200 200 e. Total Revenue: 7,023 6,374 6,353 6,511 Services
a. Utilities: Water 332 369 405 700 b. Utilities: PGE 223 238 263 325 c. Landscape Maintenance 1,620 1,620 1,620 2,400 d. One-Time Project/Maintenance - - - 5,000 e. Property Owner Noticing 25 20 25 75 f. Annual Reporting 1,100 553 1,550 1,032 g. City Administration 2,060 2,000 2,060 2,122 h. Total Expenditures: 5,360 4,800 5,923 11,654 Account Balance
a. Beginning Account Balance 22,944 24,607 26,181 26,611 b. Net Change (Revenue - Expenditures) 1,663 1,574 430 (5,143) c. Ending Account Balance: 24,607 26,181 26,611 21,468 City of Hayward
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Engineer’s Report, FY 2023

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Zone 2 (Harder Rd. & Mocine Ave.)
Tract No. 6042
Formed: July 25, 1991
Resolution Number: 91-137
FY 2023
Maximum Base Assessment Rate: $193.39
Assessment Amount per Parcel: $122.86
Number of Parcels: 85
Assessment Income: $10,443.10

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1991.

• Is at the maximum, unchanged from the previous year at $193.39 per parcel.

• Includes an annual inflation increase: No.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 15 ends

FY 2023 Assessment and Income

FY 2023 Services

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same from the previous year at $122.86.

• The total annual assessment income will equal $10,443.10.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

Services provided to this assessment zone include:

• Landscaping and irrigation: Including the area between the sidewalk and wall along Harder Road and Mocine Ave. within a landscape easement. • Surface maintenance of the street side : Including maintenance of a 1,000 -foot-long masonry wall along Harder Road, Mocine Ave., and a segment of Sunburst Drive. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• Surface maintenance of wall: Includes maintenance of an 800-foot-long masonry wall adjacent to the railroad tracks located on the southwest side of Tract No. 6042. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair. • One-time maintenance: A budget of $2,500 is allocated for additional maintenance, as required.

Note: the ownersh ip and responsibility of the masonry wall as a structure remains with the individual property owners.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Landscape and Lighting District Zone 2 - Harder Rd. & Mocine Ave.

Fund 267, Project 3741
Established 1991, 85 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 193.39 193.39 193.39 193.39 b. Annual Per Parcel Assessment 122.86 122.86 122.86 122.86 c. # of Parcels 85 85 85 85 d. Total Amount Assessed for the District: 10,443 10,443 10,443 10,443 Income
a. Annual Assessment Revenue 10,443 10,443 10,443 10,443 b. Minus County Tax Collection Fee (1.7%) (178) (178) (178) (178) c. Adjustment for Delinquencies (34) - - - d. Other 635 500 400 400 e. Total Revenue: 10,867 10,766 10,666 10,666 Services
a. Utilities: Water 330 910 1,814 2,000 b. Utilities: PGE 116 120 129 160 c. Landscape Maintenance 1,620 1,620 1,620 2,400 d. One-Time Project/Maintenance - 5,000 - 2,500 e. Property Owner Noticing 71 56 115 115 f. Annual Reporting 1,100 553 1,550 1,032 g. City Administration 2,060 2,000 2,060 2,122 h. Total Expenditures: 5,297 10,259 7,288 10,329 Account Balance
a. Beginning Account Balance 21,476 27,046 27,552 30,930 b. Net Change (Revenue - Expenditures) 5,570 507 3,378 337 c. Ending Account Balance: 27,046 27,552 30,930 31,266 City of Hayward
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Zone 3 (Prominence)
Tract No. 4007
Formed: June 23, 1992
Resolution Number: 92-174

FY 2023
Maximum Base Assessment Rate: $1,062.12
Assessment Amount per Parcel: $951.66
Number of Parcels: 155
Assessment Income: $147,507.30

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1992.

• Increased from the previous year from $1,009.72 to $1,062.12 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes the February CPI -U for the San Francisco-Oakland-Hayward MSA (5.19% for the period February 2021 to February 2022).

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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FY 2023 Assessment and Income
FY 2023 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: Include approximately one mile of landscaped frontage along Hayward Blvd. and Fairview Ave., with significant slope areas along the street;

• Surface maintenance of the sound wall (street side): of a mile-long masonry wall along Hayward Blvd. and Fairview Ave. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• Maintenance of several open space areas: many are maintained within the tract; however, there are no funds budgeted for maintenance of the non -irrigated, non - landscaped open space areas.

• One-time projects: A budget of $ 47,738 is included for additional maintenance, as required.

Note: the ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $923.95 to $951.66.

• The total annual assessment income will equal $147,507.30.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 19 ends

Notes:
• In FY 2004, a group of property owners within Zone 3 formed a Landscape Committee. • In FY 2006, a Proposition 218 Election was held to increase the base assessment amount from $328.82 to $1,023.56 per parcel for the first three years to fund the cost of a comprehensive landscape plan (capital plan). The $694.74 increase was made up of two parts. One, an increase of $365.70 per year for maintenance; and two, an increase of $329.04 per year for capital. The three -year capital plan included 1) Bus Stop and Open Area Across Street on Fox Hollow Drive; 2) Open Area South of 28525 Fox Hollow Drive; 3) Hayward Blvd., Fairview Drive, and Barn Rock Drive.
• In FY 2009, the rate returned to $694.52 per year, which may be increased each year by inflation

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 20 ends

Landscape and Lighting District Zone 3 - Prominence
Fund 268, Project 3742
Established 1992, 155 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 966.01 994.12 1,062.12 1,062.12 b. Annual Per Parcel Assessment 883.97 909.69 923.95 951.66 c. # of Parcels 155 155 155 155 d. Total Amount Assessed for the District: 137,015 141,002 143,212 147,507 Income
a. Annual Assessment Revenue 137,015 141,002 143,212 147,507 b. Minus County Tax Collection Fee (1.7%) (2,329) (2,397) (2,435) (2,508) c. Adjustment for Delinquencies (707) - - 0 d. Other 6,631 5,000 4,500 4,635 e. Total Revenue: 140,610 143,605 145,278 149,635 Services
a. Utilities: Water 25,296 20,572 19,440 30,000 b. Utilities: PGE 1,491 1,493 1,812 2,000 c. Landscape Maintenance 37,200 47,990 59,700 60,000 d. One-Time Project/Maintenance 9,766 15,417 20,000 47,738 e. Planting - 7,000 5,788 5,962 f. Tree Maintenance/Replacement - 7,500 10,000 10,300 g. Mulch Replacement - - - - h. Bus Stop Area - - - 40,000 i. Irrigation/V-Ditch Filter - - - 10,000 j. Property Owner Noticing 129 99 100 175 k. Annual Reporting 1,239 635 1,817 1,187 l. City Administration 4,120 4,200 4,326 4,456 m. Total Expenditures: 79,241 104,906 122,983 211,817 Account Balance
a. Beginning Account Balance 230,385 291,754 330,453 352,748 b. Net Change (Revenue - Expenditures) 61,369 38,699 22,295 (62,183) c. Ending Account Balance: 291,754 330,453 352,748 290,565 City of Hayward
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Zone 4 (Stratford Village )
Tract Nos. 6472, 6560, 6682 & 6683
Formed: May 23, 1995
Resolution Number: 95-96
Annexed Tract No. 6682: January 23, 1996

FY 2023
Maximum Base Assessment Rate: $180.00
Assessment Amount per Parcel: $116.16
Number of Parcels: 174
Assessment Income: $20,211.84

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1995.

• Is at the maximum, unchanged from the previous year at $180.00 per parcel.

• Includes an annual inflation increase: No

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 22 ends

FY 2023 Assessment and Income
FY 2023 Services

Services provided to this assessment zone include:

• Landscaping and irrigation: Include approximately 21,000 square feet adjacent to the Ward Creek Bike Pathway, including an irrigation system with electrical controllers;

• Median landscaping: Includes approximately 2,100 square feet along Stratford Rd. and Ruus Lane;

• Landscaping: Includes approximately 7,500 square feet along Pacheco Way;

• Landscaping, irrigation, and appurtenances: on the median island on Ruus Lane;

• Surface maintenance of the street side of a masonry wall along Pacheco Way and along the southern and eastern prope rty boundaries. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Asphalt bike pathway : Includes approximately 2,100 linear feet adjacent to Ward Creek between Pacheco Way and Folsom Ave., and bike path striping on pathway;

• Chain link fencing : Includes approximately 50 linear feet of 4 -foot-high black vinyl clad fencing at two locations between Ward Creek and the asphalt pathway; Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same from the previous year at $116.16.

• The total annual assessment income will equal $20,211.84.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment rate.

City of Hayward
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Engineer’s Report, FY 2023

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• Gate: Includes a 14-foot-wide entry gate structure, an 8-foot-wide swing gate, and a 12-foot-wide swing gate;

• Bridge: Includes 32 linear feet of 8 -foot-wide prefabricated steel bridge with wood deck; and

• Pedestrian access: Between Rosecliff Lane and Ward Creek Pathway.

• One-time maintenance: A budget of $15,000 is allocated for additional maintenance, as required.

Note: the ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 24 ends

Landscape and Lighting District Zone 4 - Stratford Village Fund 269, Project 3743
Established 1995, 174 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 180.00 180.00 180.00 180.00 b. Annual Per Parcel Assessment 116.16 116.16 116.16 116.16 c. # of Parcels 174 174 174 174 d. Total Amount Assessed for the District: 20,212 20,212 20,212 20,212 Income
a. Annual Assessment Revenue 20,212 20,212 20,212 20,212 b. Minus County Tax Collection Fee (1.7%) (344) (344) (344) (344) c. Adjustment for Delinquencies 106 - - 0 d. Other 2,605 2,683 1,000 1,030 e. Total Revenue: 22,579 22,551 20,868 20,898 Services
a. Utilities: Water 2,554 2,840 9,035 3,100 b. Utilities: PGE 1,005 1,083 1,205 1,300 c. Landscape Maintenance 6,415 - 6,415 8,500 d. One-Time Project/Maintenance - 3,720 10,000 15,000 e. Irrigation Repair - - - - f. Graffiti Abatement - - - - g. Repair Aspalt Path - - - - h. Property Owner Noticing 73 113 115 115 i. Annual Reporting 1,100 553 1,550 1,032 j. City Administration 2,060 2,000 2,060 2,122 k. Total Expenditures: 13,207 10,309 30,380 31,169 Account Balance
a. Beginning Account Balance 99,756 109,128 121,371 111,859 b. Net Change (Revenue - Expenditures) 9,372 12,242 (9,512) (10,271) c. Ending Account Balance: 109,128 121,371 111,859 101,588 City of Hayward
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Zone 5 (Soto Rd. & Plum Tree St.)
Tract Nos. 6641 & 6754
Formed: May 23, 1995
Resolution Number: 95-97
Annexed Tract No. 6754: October 17, 1995

FY 2023
Maximum Base Assessment Rate: $258.67
Assessment Amount per Parcel: $255.17
Number of Parcels: 38
Assessment Income: $9,696.46

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1995.

• Is at the maximum, unchanged from the previous year at $258.67 per parcel.

• Includes an annual inflation increase : No

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 26 ends

FY 2023 Assessment and Income
FY 2023 Services
Services provided to this assessment zone include:
• Landscaping: within the 10-foot-wide setback area between the masonry wall and the sidewalk (approximately 360 lineal feet);

• Landscaping and appurtenances: within the 5.5 -foot-wide planter strip between the sidewalk and the curb return areas across the frontage of Tract 6641; located within the 10 -foot-wide setback area between the masonry wall and the sidewalk (approximately 440 lineal feet); and within the 5.5-foot-wide planter strip between the sidewalk and the curb across the Soto Road frontage of Final Map Tract 6754.

• Surface maintenance of the masonry wall (street side): of a masonry wall along Soto Road. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• The curb return areas: at the intersection of Soto Road and Plum Tree Street.

• One-time maintenance: A budget of $ 5,000 is allocated for additional maintenance, as required.

Note: the ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same from the previous year at $255.17.

• The total annual assessment income will equal $9,696.46.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 27 ends

Landscape and Lighting District Zone 5 - Plum Tree St. - Soto Road Fund 272, Project 3744
Established 1995, 38 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 258.67 258.67 258.67 258.67 b. Annual Per Parcel Assessment: 255.17 255.17 255.17 255.17 c. # of Parcels 38 38 38 38 d. Total Amount Assessed for the District: 9,696 9,696 9,696 9,696 Income
a. Annual Assessment Revenue 10,255 9,696 9,696 9,696 b. Minus County Tax Collection Fee (1.7%) (174) (165) (165) (165) c. Adjustment for Delinquencies - - - - d. Other 347 300 300 300 e. Total Revenue: 10,428 9,832 9,832 9,832 Services
a. Utilities: Water 158 176 190 800 b. Utilities: PGE 224 228 263 300 c. Landscape Maintenance 1,620 1,620 1,620 2,400 d. Irigigation Repair - - - 3,000 e. One-Time Project/Maintenance - - - 5,000 f. Property Owner Noticing 32 25 30 75 g. Annual Reporting 551 276 825 516 h. City Administration 1,545 2,000 2,060 2,122 i. Total Expenditures: 4,130 4,325 4,988 14,213 Account Balance
a. Beginning Account Balance: 9,326 15,624 21,131 25,974 b. Net Change (Revenue - Expenditures) 6,298 5,507 4,844 (4,381) c. Ending Account Balance: 15,624 21,131 25,974 21,593 City of Hayward
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Zone 6 (Peppertree Park)
Tract Nos. 4420 & 3337 (Lot 2)
Formed: May 11, 1982
Resolution Number: 82-160

FY 2023
Maximum Base Assessment Rate: $2.61 per linear foot
Assessment Amount per Parcel: $2.61 per linear foot
Number of Parcels: 11
Assessment Income: $13,034.34

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1982.

• Is at the maximum, unchanged from the previous year at $2.61 per linear foot.

• Includes an annual inflation increase : No

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 29 ends

FY 2023 Assessment and Income
FY 2023 Services
Services provided to this assessment zone include:

• Landscaping and decorative paving: within the median islands in San Clemente Street between Zephyr Avenue and San Antonio Street;

• Landscaping: in the fountain area; and

• Various: the identification sign, lighting, and landscaping in the main entrance median at San Clemente Street and San Antonio Street.

• One-time maintenance: A budget of $5,000 is allocated for additional maintenance, as required.

Assessment Rate (annual charge per parcel) and Income

• The per linear foot charge will remain the same from the previous year at $2.61.

• The total annual assessment income will equal $13,034.34.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is at the Maximum Base Assessment.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 30 ends

Landscape and Lighting District Zone 6 - Peppertree Business Park Fund 273, Project 3730
Established 1982, 11 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 2.61 2.61 2.61 2.61 b. Annual Per Parcel Assessment: 2.61 2.61 2.61 2.61 c. # of Parcels 11 11 11 11 d. Length of Assessable Street Frontage 4,994 4,994 4,994 4,994 Total Amount Assessed for the District 13,034 13,034 13,034 13,034 Income
a. Annual Assessment Revenue 13,034 13,034 13,034 13,034 b. Minus County Tax Collection Fee (1.7%) (222) (222) (222) (222) c. Adjustment for Delinquencies 3 - - 0 d. Other 1,930 375 375 375 e. Total Revenue: 14,746 13,188 13,188 13,188 Services
a. Utilities: Water 1,757 1,770 1,750 2,060 b. Utilities: PGE 109 111 120 160 c. Landscape Maintenance 1,989 - 4,200 4,200 d. One-Time Project/Maintenance - - - 5,000 e. Property Owner Noticing 9 5 8 65 f. Annual Reporting 1,100 553 1,550 1,032 g. City Administration 2,060 2,000 2,060 2,122 h. Total Expenditures: 7,024 4,439 9,688 14,639 Account Balance
a. Beginning Account Balance: 71,482 79,204 87,952 91,452 b. Net Change (Revenue - Expenditures) 7,722 8,749 3,500 (1,451) c. Ending Account Balance: 79,204 87,952 91,452 90,001 City of Hayward
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Zone 7 (Twin Bridges)
Tract Nos. 7015
Formed: July 28, 1998
Resolution Number: 98-153

FY 2023
Maximum Base Assessment Rate: $1,110.94
Assessment Amount per Parcel: $591.70
Number of Parcels: 348
Assessment Income: $205,911.60

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1998.

• Increased from the previous year from $1,056.12 to $1,110.94 per parcel by CPI.

• Includes an annual inflation increase: Yes , includes CPI-U for the San Francisco - Oakland-Hayward MSA 5.19% for the period February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 32 ends

FY 2023 Assessment and Income
FY 2023 Se rvices

Services for this assessment zone include:
• Park: Includes a two-acre neighborhood park , maintained by the Hayward Area Recreation District through a Memorandum of Understanding with the City;

• Landscaping: Includes: planting, irrigation, the multi-use pathway, landscape lighting and other associated improvements located within the landscape easements and street right-of-way along Mission Boulevard and Industrial Parkway;

• Medians: Includes m edians and abutting landscaping al ong the Arrowhead Way entrance roads and traffic circles, including the bridge structure, signs, and decorative entry paving;

• Bus shelters;

• Walls and fences that face Mission Blvd., Industrial Parkway, the Arrowhead Way entrance roads, the golf course and along the Line N drainage channel (including graffiti removal);

• Specialty street lighting; and

• One-time maintenance: A budget of $20,000 is allocated for additional maintenance, as required.

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will remain the same from the previous year at $591.70.

• The total annual assessment income will equal $205,911.60.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Landscape and Lighting District Zone 7 - Twin Bridges
Fund 274, Project 3746
Established 1998, 348 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,010.40 1,039.80 1,110.94 1,110.94 b. Annual Per Parcel Assessment: 591.70 591.70 591.70 591.70 c. # of Parcels 348 348 348 348 d. Total Amount Assessed for the District 205,912 205,912 205,912 205,912 Income
a. Annual Assessment Revenue 205,912 205,912 205,912 205,912 b. Minus County Tax Collection Fee (1.7%) (3,500) (3,500) (3,500) (3,500) c. Adjustment for Delinquencies (2,867) - - - d. Other 13,321 5,000 3,500 3,800 Total Revenue: 212,865 207,411 205,911 206,211 Services
a. Utilities: Water 38,523 68,536 49,200 65,000 b. Utilities: PGE 1,985 2,198 2,138 3,000 c. Landscape Maintenance 27,313 27,313 31,037 45,000 d. Park Maintenance - HARD 46,144 47,528 47,528 51,000 e. One-Time Project/Maintenance 1,179 - - 20,000 f. Tree Maintenance/Replacement - 21,880 4,250 16,750 g. Street Light Maintenance - - - - h. Graffiti Abatement - - - - i. Weather based Irrigation Ctrlr - - - - j. Irrigation Repair - - - - k. Fence Repair - - - - l. Flags 710 - - - m. LED Street Light Project - - - - n. Property Owner Noticing 290 222 225 350 o. Annual Reporting 1,239 636 1,817 1,187 p. City Administration 4,120 4,200 4,326 4,456 q. Total Expenditures: 121,503 172,513 140,521 206,743 Account Balance
a. Beginning Account Balance: 478,738 570,100 604,998 670,388 b. Net Change (Revenue - Expenditures) 91,362 34,898 65,390 (532) c. Ending Account Balance: 570,100 604,998 670,388 669,857 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Zone 8 (Capitola Street)
Tract Nos. 7033
Formed: March 2, 1999
Resolution Number: 99-030

FY 2023
Maximum Base Assessment Rate: $794.54
Assessment Amount per Parcel: $186.56
Number of Parcels: 24
Assessment Income: $4,477.53

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 1999.

• Increased from the previous year from $755.34 to $794.54 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA 5.19% for the period February 2021 to February 2022).

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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FY 2023 Assessment and Income
FY 2023 Services

Services for this assessment zone include:

• Landscaping: a 10 -foot-wide landscaped area, between the wall and the Hesperian Blvd. frontage, to be improved with landscaping, irrigation, and other associated improvements located within the landscaped area.

• Surface maintenance: of the 8 -foot-high deco rative concrete wall along the tract's Hesperian Blvd. frontage. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• One-time maintenance: A budget of $6,000 is allocated for additional maintenance as required.

Note: t he ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same from the previous year at $186.56.

• The total annual assessment income will equal $4,477.53.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 36 ends

Landscape and Lighting District Zone 8 - Capitola St.

Fund 275, Project 3748
Established 1999, 24 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 722.64 743.67 794.54 794.54 b. Annual Per Parcel Assessment: 181.13 181.13 186.56 186.56 c. # of Parcels 24 24 24 24 d. Total Amount Assessed for the District: 4,347 4,347 4,477 4,477 Income
a. Annual Assessment Revenue 4,348 4,347 4,477 4,477
b. Minus County Tax Collection Fee (1.7%) (74) (74) (76) (76) c. Adjustment for Delinquencies - - - - d. Other 1,400 400 400 400 e. Total Revenue: 5,674 4,673 4,801 4,801 Services
a. Utilities: Water 328 365 403 450 b. Utilities: PGE - - - - c. Landscape Maintenance - - - 2,500 d, One-Time Project/Maintenance - - - 6,000 e. Irrigation Repair - - - - f. Property Owner Noticing 20 16 20 65 g. Annual Reporting 551 276 825 516 h. City Administration 2,060 2,000 2,060 2,122 i. Total Expenditures: 2,959 2,657 3,308 11,653 Account Balance
a. Beginning Account Balance: 54,415 57,130 59,146 60,639 b. Net Change (Revenue - Expenditures) 2,715 2,016 1,493 (6,852) c. Ending Account Balance: 57,130 59,146 60,639 53,788 City of Hayward
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Engineer’s Report, FY 2023

Page 37 ends

Zone 9 (Orchard Ave.)
Tract Nos. 7063
Formed: April 25, 2000
Resolution Number: 00-050

FY 2023
Maximum Base Assessment Rate: $212.14
Assessment Amount per Parcel: $34.19
Number of Parcels: 74
Assessment Income: $2,530.06

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2000.

• Increased from the previous year from $201.68 to $212.14 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA (5.19% for the period February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 38 ends

FY 2023 Assessment and Income
FY 2023 Services

Services for this assessment zone include:

• Surface maintenance: of the 10-foot-high decorative concrete wall along the railroad and along the south property line abutting Lot 40. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair. To minimize this maintenance work, Boston Ivy is planted and maintained along most of the s urface of the wall.

• One-time maintenance: A budget of $500 is included for additional maintenance, as required.

Note: the ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same from the previous year at $34.19.

• The total annual assessment income will equal $2,530.06.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 39 ends

Landscape and Lighting District Zone 9 - Orchard Ave.

Fund 276, Project 3749
Established 2000, 74 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 192.95 198.57 212.14 212.14 b. Annual Per Parcel Assessment: 34.19 34.19 34.19 34.19 c. # of Parcels 74 74 74 74 d. Total Amount Assessed for the District 2,530 2,530 2,530 2,530 Income
a. Annual Assessment Revenue 2,530 2,530 2,530 2,530 b. Minus County Tax Collection Fee (1.7%) (43) (43) (43) (43) c. Adjustment for Delinquencies 2 - - 0 d. Other 192 25 20 25 e. Total Revenue: 2,681 2,512 2,507 2,512 Services
a. One-Time Project/Maintenance - - - 500 b. Graffiti Abatement - - - 500 c. Property Owner Noticing 62 48 51 115 d. Annual Reporting 551 276 825 516 e. City Administration 1,236 1,200 1,236 1,273 f. Total Expenditures: 1,849 1,524 2,112 2,904 Account Balance
a. Beginning Account Balance: 7,003 7,835 8,823 9,218 b. Net Change (Revenue - Expenditures) 832 988 395 (392) c. Ending Account Balance: 7,835 8,823 9,218 8,826 City of Hayward
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Engineer’s Report, FY 2023

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Zone 10 (Eden Shores Residential)
Tract Nos. 7317, 7360 & 7361
Formed: June 24, 2003
Resolution Number: 03-083

FY 2023
Maximum Base Assessment Rate: $1,265.04
Assessment Amount per Parcel: $287.32
Number of Parcels: 534
Assessment Income: $153,428.88

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2003.

• Increased from the previous year from $1,202.63 to $1,265.04 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA (5.19% for the period February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the no ticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 41 ends

FY 2023 Assessment and Income
FY 2023 Services

The Eden Shores Homeowners Association (HOA) administers the landscape maintenance contract for the zone. The HOA invoices the City quarterly for reimbursement of expenses authorized thru the assessment zone budget. The City manages the park maintenance contract, through a Memorandum of Understanding with the Hayward Area Recreation District.

Services for this assessment zone include:
• Park: A 5.58- acre park within the development which includes landscaping and irrigation and playground equipment. The City of Hayward has a Memorandum of Understanding with the Hayward Area Recreation Department (HARD) to maintain the park;
• Landscaping and irrigation : of medians, park strips, and parkway within the development; and
• Surface maintenance: of the decorative concrete and masonry walls along the perimeter and within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair.
• One-time maintenance: A budget of $20,000 is allocated for additional maintenance, as required.

Note: the ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $278.94 to $287.32.

• The total annual assessment income will equal $153,428.88.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 42 ends

Landscape and Lighting District Zone 10 - Eden Shores
Fund 277, Project 3750
Established 2003, 534 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,111.33 1,184.04 1,265.04 1,265.04 b. Annual Per Parcel Assessment: 265.66 265.66 278.94 287.32 c. # of Parcels 534 534 534 534 d. Total Amount Assessed for the District: 141,862 141,862 148,954 153,429 Income
a. Annual Assessment Revenue 141,862 141,862 148,954 153,429 b. Minus County Tax Collection Fee (1.7%) (2,412) (2,412) (2,532) (2,608) c. Adjustment for Delinquencies (677) - - - d. Other 12,149 2,300 1,900 2,300 e. Total Revenue: 150,923 141,751 148,322 153,121 Services
a. Utilities: Water 29,926 31,378 21,000 34,000 b. Utilities: PGE 332 338 364 400 c. Landscape Maintenance - ES HOA 24,921 30,492 30,600 33,000 d. Park Maintenance - HARD 73,336 75,536 75,536 79,000 e. One-Time Project/Maintenance 28,001 7,065 7,650 20,000 f. Graffiti Abatement - 717 - 1,000 g. Tree Maintenance/Replacement - - - 8,000 h. Irrigation Repair - - - 4,000 i. Repair Nieghborhood Sign Lighting - - - - j. Tennis Courts: Resurface, Fence Screening - - - - k. Basketball Court: Resurface - - - - l. Property Owner Noticing 223 172 220 260 m. Annual Reporting 1,239 635 1,817 1,187 n. City Administration 4,120 4,200 4,326 4,456 o. Total Expenditures: 162,098 150,533 141,513 185,303 Account Balance
a. Beginning Account Balance: 493,335 482,160 473,378 480,187 b. Net Change (Revenue - Expenditures) (11,175) (8,782) 6,809 (32,182) c. Ending Account Balance: 482,160 473,378 480,187 448,005 City of Hayward
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Engineer’s Report, FY 2023

Page 43 ends

Zone 11 (Stonebrae Country Club)
Tract Nos. 5354, 8356
Formed: July 18, 2006
Resolution Number: 06-096

FY 2023
Maximum Base Assessment Rate: $1,794.28
Assessment Amount per Parcel (Developed): $340.44
Assessment Amount per Parcel (Future Development): $180.43 Number of Parcels: 644
Assessment Income: $214,136.76

Note: Ten new parcels were added in FY 2022. Fifteen parcels of the Stonebrae Country Club development are scheduled for future development. Future development parcels are assessed at 53% of the developed parcel rate.

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2006.

• Increased from the previous year from $1,705.76 to $1,794.28 per parcel by CPI.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 44 ends

• Includes an annual inflation increase: Yes, includes CPI-U for the San Francisco - Oakland-Hayward MSA (5.19% for the period February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2023 Assessment and Income

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.

• The per parcel charge for Developed parcels will increase from the previous year from $330.52 to $340.44.

• The per parcel charge for Future Developed parcels will increase from the previous year from $175.18 to $340.44.

• In FY 2017, the assessment rate was reduced 58% from $379 to $156, as expenses were stable, and the account balance was healthy. However, since that time, expenses have increased, to include water, general maintenance, and ongoing upkeep of the district.

The increase in costs, along with use of the account balance has necessitated the need to increase rates annually since the initial decrease in FY 2017.

• The total annual assessment income will equal $214,136.76.

• The recommended assessment rate will generate r evenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 45 ends

FY 2023 Services
The Stonebrae Homeowners Association (HOA) administers the landscape maintenance contract for the zone. The HOA invoices the City quarterly for reimbursement of expenses authorized in the benefit district zone budget.

Services for this assessment zone include:

• Landscaping and irrigation: of median, park strips, parkway improvements, and multi- use pathway improvements along Fairview Ave., Carden Lane, Hayward Blvd., Stonebrae Country Club Dr., and the access road to the City water tank;

• Slope maintenance: along Carden Lane, Fairview Ave., Hayward Blvd., and Stone Country Club Dr.;

• Wall maintenance: of decorative walls facing Fairview Ave. and Hayward Blvd. but not including the view fence of the lots along Fairview Ave. This maintenance includes painting, cleaning, graffiti removal, and replacement of the improvements if needed;

• Street and landscape lighting: along Fairview Ave., Carden Lane, Hayward Blvd.; and along the frontage of the school at the intersection of Hayward Blvd ./Stonebrae Country;

• Club Drive and Carden Lane : this maintenance includes electrical costs, and replacement of the improvements if needed;

• One-time maintenance: T he following improvements are planned: 1) Installation of weather-based irrigation controllers to better schedu le and monitor water usage. 2) Annual tree fertilization and tree trimming. 3) Annual replenishment of mulch.

Note: The Stonebrae Project is proposed to be developed in multiple phases (Villages A-E).

Pursuant to the original 2002 Vesting Tentative Map f or Stonebrae, Village C was anticipated to have 71 single-family lots. On July 5, 2017, the Final Map for Village C was recorded, which updated the number of single -family lots to 96. It should be noted that the Stonebrae development was originally approved for 650 total units. A total of 538 lots have been previously created. With the addition of the 96 Village C lots and the existing 538 lots in the other Villages, the total number of lots increased to 634. On October 6, 2020 , City Council approved a Fina l Map of Tract 8518, subdividing a 20 -acre site into 10 single family lots, increasing the total number of lots to 644. The current development phase consists of 6 29 single-family parcels (increased from 617 in FY 202 2). The future development phases will consist of the remaining 15 single-family parcels (decreased from 27 in FY 2022).

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 46 ends

Landscape and Lighting District Zone 11 - Stonebrae Country Club Fund 279, Project 3731
Established 2006, 644 Parcels (10 Parcels added in 2021) FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,631.91 1,679.39 1,705.76 1,794.28 Developed Parcels
b. Annual Per Parcel Assessment: 273.72 314.78 330.52 340.44 c. # of Parcels 537 581 617 629 d. Total Amount Assessed: 146,988 182,887 203,931 214,137 Future Development Parcels - 53%
e. Annual Per Parcel Assessment 112.00 166.83 175.18 180.43 f. # of Parcels 145 53 27 15 g. Total Amount Assessed: 16,248 8,842 4,730 2,706 h. Total Amount Assessed for the District: 163,235 191,729 208,661 216,843 Income
a. Annual Assessment Revenue 163,235 191,729 208,661 216,843 b. Minus County Tax Collection Fee (1.7%) (2,775) (3,259) (3,547) (3,686) c. Adjustment for Delinquencies (1,069) - - - d. Other 11,364 3,500 3,500 3,500 e. Total Revenue: 170,755 191,970 208,613 216,657 Services
a. Utilities: Water 97,262 87,597 110,000 120,000 b. Utilities: PGE 8,744 9,064 11,936 13,000 c. Landscape Maintenance 43,092 39,134 54,000 55,620 d. Plant Replacement - - - - e. Flower Bed Planting 3,765 - - - f. Irrigation Repair/Replacement 3,147 - - - g. Vehicle Damage - - - - h. Tree Maintenance/Replacement - - - - i. Tree Fertilizer - - - - J. Gopher Control 4,241 - - - k. Mulch 8,892 - - - l. One-Time Project/Maintenance 3,251 39,633 70,500 70,500 m. Weather Based Irrigation System 19,312 - - - n. Street Light Maintenance 704 - - - o. Property Owner Noticing 459 393 550 550 p. Annual Reporting 2,303 553 1,750 1,187 q. City Administration 3,277 3,400 3,090 3,183 r. Total Expenditures: 198,449 179,774 251,826 264,040 Account Balance
a. Beginning Account Balance: 463,151 435,458 447,654 404,441 b. Net Change (Revenue - Expenditures) (27,694) 12,196 (43,213) (47,383) c. Ending Account Balance: 435,458 447,654 404,441 357,059 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Zone 12 ( Spindrift - Eden Shore East)
Tract Nos. 7489, 7708 & 8148
Formed: May 15, 2007
Annexed Tract No. 8148: June 21, 2016
Resolution Number: 07-031 & 16-065

FY 2023
Maximum Base Assessment Rate: $237.76
Assessment Amount per Parcel: $92.70
Number of Parcels: 379
Assessment Income: $35,133.30

Annexation to Zone 12 – Spindrift at Eden Shores (Tract 8148) On June 21, 2016, the City Council approved the annexation of the Spindrift at Eden Shores Project into existing Zone 12 of LLAD 96 -1. A total of 118 new lots were created and added to existing Zone 12. The new additions to Zone 12 will be assessed in a manner similar to the existing 261 lots in Zone 12 once developed, which currently pay for the maintenance of improvements at the Alden E. Oliver Sports Park.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 48 ends

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

Eden Shores East:
• Originally set when the zone was created in 2007.

• Increased from the previous year from $226.02 to $237.76 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San F rancisco- Oakland-Hayward MSA, (5.19% for the period February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

Spindrift Annexation:
• Originally set when the zone was created in 2016.

• Increased from the previous year from $226.02 to $232.80 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (4.24% for the period December 2020 to December 2021) and the unused CPI carried over from previous fiscal years is 0 .41%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 49 ends

FY 2023 Assessment and Income

FY 2023 Services

Services for this assessment zone include:

Minor Portion of Sports Park: The City of Hayward has an agreement with the Hayward Area Recreation and Park District (HARD) to maintain the Alden E. Oliver Sports Park which benefits parcels within this benefit zone. The annual assessment pays for a minor portion of the Sports Park maintenance expense and City administrative costs associated with managing the benefit assessment program for this benefit zone. Maintenance of the neighborhood serving features of the Alden E. Oliver Sports Park include picnic tables, basketball courts, barbeque areas, soccer fields, etc. HARD is responsible for capital replacement of the park’s capital items.

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.

• The per parcel charge for Developed parcels will increase from the previous year from $90.00 to $92.70.

• The total annual assessment income will equal $35,133.30.

• The recommended assessment rate will generate revenues tha t are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 50 ends

Landscape and Lighting District Zone 12 - Spindrift (Eden Shores East) Fund 278, Project 3732
Established 2007, 2016; 379 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
Original Zone, Established 2007, 261 parcels - CPI - Feb to Feb a. Maximum Base Assessment Amount: 210.00 222.53 226.02 237.76 Developed Parcels
b. Annual Per Parcel Assessment: 95.00 90.00 90.00 92.70 c. # of Parcels 261 261 261 261 d. Total Amount Assessed: 24,795 23,490 23,490 24,195 Spindrift Annexation, Added FY 2017, 118 Parcels - CPI Dec to Dec e. Maximum Base Assessment 213.06 219.45 226.03 232.80 Developed Parcels
f. Annual Per Parcel Assessment: 95.00 90.00 90.00 92.70 g. # of Parcels 54 107 118 118 h. Total Amount Assessed: 5,130 9,630 10,620 10,939 Future Development Parcels: 30%
i. Annual Per Parcel Assessment: 29 27 j. # of Parcels 64 11 - - k. Total Amount Assessed: 1,824 297 - - l. Total Amount Assessed for the District: 31,749 33,417 34,110 35,133 Income
a. Annual Assessment Revenue 31,749 33,417 34,110 35,133 b. Minus County Tax Collection Fee (1.7%) (540) (568) (580) (597) c. Adjustment for Delinquencies 811 - - - d. Other 716 150 150 150 e. Total Revenue: 32,736 32,999 33,680 34,686 Services
a. Contribution to Park Maintenance 31,930 32,888 32,888 34,000 b. Property Owner Noticing 263 236 350 350 c. Annual Reporting 1,793 635 1,617 1,032 d. City Administration 1,236 1,200 1,236 1,273 e. Total Expenditures: 35,222 34,959 36,091 36,655 Account Balance
a. Beginning Account Balance: 25,781 23,295 21,335 18,924 b. Net Change (Revenue - Expenditures) (2,486) (1,960) (2,411) (1,969) c. Ending Account Balance: 23,295 21,335 18,924 16,955 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Zone 13 (Cannery Place)
Tract Nos. 7613, 7625, 7748 & 7749
Formed: June 17, 2008
Resolution Number: 08-0901

FY 2023
Maximum Base Assessment Rate: $1,349.22
Assessment Amount per Parcel: $371.82
582 Condominium Style Units, 16 Duets, and One Commercial Retail Parcel Assessment Income: $222,720.18

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2008.

• Increased from the previous year from $1,282.66 to $1,349.22 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI-U for the San Francisco - Oakland-Hayward MSA (5.19% for the period February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the no ticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 52 ends

FY 2023 Assessment and Income

FY 2023 Services
Services for this assessment zone include:
• Park Maintenance: includes appr oximately five (5) acres of park area encompassing landscaping and irrigation, and playground equipment, and maintenance of a historic water tower within the development;

• Landscaping and irrigation: includes park strips and parkway within the development;

• Surface maintenance : of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• Maintenance: of street trees;

• Maintenance: of paved walkways;

• One-time maintenance: A budget of $42,000 is allocated for additional maintenance, as required.

Note: t he ownership and responsibility of the masonry wall as a structure remains with the individual property owners.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge for Developed parcels will increase from the previous year from $361.00 to $371.82.

• The total annual assessment income will equal $222,720.18.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent ca pital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 53 ends

Landscape and Lighting District Zone 13 - Cannery Place Fund 281, Project 3733
Established 2008, 599 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,227.00 1,262.84 1,282.66 1,349.23 -
b. Annual Per Parcel Assessment: 361.00 361.00 361.00 371.82 c. # of Parcels 599 599 599 599 d. Total Amount Assessed for the District: 216,239 216,239 216,239 222,720.18 Income
a. Annual Assessment Revenue 216,239 216,239 216,239 222,720 b. Minus County Tax Collection Fee (1.7%) (3,676) (3,676) (3,676) (3,786) c. Adjustment for Delinquencies 2,318 - - - d. Other 12,351 1,900 2,200 2,300 e. Total Revenue: 227,232 214,463 214,763 221,234 Services
a. Utilities: Water 63,310 59,688 70,000 70,000 b. Utilities: PGE 6,536 6,361 8,400 9,000 c. Landscape Maintenance 73,140 55,080 73,440 75,643 d. Street Light Maintenance - - - - e. Graffiti Abatement - - - - f. Tree Maintenance/Replacement - - - - g. One Time Project/Maintenance 231 27,005 18,400 42,000 h. Calsense Air Time - Five Year Maint - 3,440 i. Property Owner Noticing 499 392 525 525 j. Annual Reporting 2,168 553 1,550 1,032 k. City Administration 4,121 4,200 4,326 4,456 l. Total Expenditures: 150,005 153,279 180,081 202,656 Net Change (Revenue - Expenditures): 77,227 61,184 34,682 18,578 Account Balance
a. Beginning Account Balance: 471,356 548,582 609,766 644,448 b. Net Change (Revenue - Expenditures) 77,227 61,184 34,682 18,578 c. Ending Account Balance: 548,582 609,766 644,448 663,026 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 54 ends

Zone 14 (La Vista)
Tract Nos. 7620
Formed: June 14, 2016
Resolution Number: 16-044

FY 2023
Maximum Base Assessment Rate: $704.16
Assessment Amount per Developed Parcel: $704.16
Number of Parcels: 179
Assessment Income: $126,044.64

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2016.

• Increased from the previous year from $683.65 to $704.16 per parcel by CPI-U.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (4.24% for the period December 2020 to December 2021) and the unused CPI carried over from previous fiscal years is 0.41%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 55 ends

FY 2023 Assessment and Income

FY 2023 Services

Services for this assessment zone include:

• Landscaping and irrigation: of the public right of ways of Tennyson Rd., Vista Grande Dr., Cantera Dr., Mountain View Dr., Fortuna Way, and Alquire Pkwy, and firebreak landscaping along the perimeter of the backside of the development. Such landscaping consists of the care for groundcover, shrubs, trees, weed abatement in planted areas, upkeep and servicing of the irrigation system, and utility costs to service the landscaping;

• Surface maintenance : of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Maintenance: of street trees;

• Maintenance: of bioswales and tree filters;

• Maintenance: of street lighting;

• Maintenance: of private paved trails east of Alquire Parkway.

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.

• The per parcel charge for developed parcels will increase from the previous year from $683.65 to $704.16.

• The total annual assessment income will equal $126,044.64.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is at the Maximum Base Assessment.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 56 ends

Landscape and Lighting District Zone 14 - La Vista
Fund 282, Project 3751
Established 2016, 179 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 644.00 663.74 683.65 704.16 Developed Parcels
b. Annual Per Parcel Assessment: 525.00 663.74 683.65 704.16 c. # of Parcels 122 174 179 179 d. Total Amount Assessed: 64,050 115,491 122,373 126,044.64 Future Development Parcels: 30%
e. Annual Per Parcel Assessment: 158.00 199.20 f. # of Parcels 57 5 - - g. Total Amount Assessed: 9,006 996 - - h. Total Amount Assessed for the District: 73,056 116,487 122,373 - Income
a. Annual Assessment Revenue 76,507 116,487 122,373 - b. Minus County Tax Collection Fee (1.7%) (1,301) (1,980) (2,080) - c. Adjustment for Delinquencies - - - - d. Other 2,058 375 350 350 Total Revenue: 77,264 114,881 120,643 126,045 Services
a. Utilities: Water - - 35,806 60,000 b. Utilities: PGE 529 1,396 1,500 9,000 c. Landscape Maintenance - 23,040 46,080 48,000 d. Tree Maintenance/Replacement - - - - e. Street Light Maintenance - - - - f. Graffiti Abatement - - - - g. Irrigation Repair - - - h. One-Time Capital Project/Maintenance - - - 23,000 i. Property Owner Noticing 99 116 400 400 j. Consultant/Annual Reporting 2,168 553 1,550 1,032 k. City Administration 2,500 4,200 4,326 4,456 l. Total Expenditures: 5,296 29,305 89,662 145,888 Net Change (Revenue - Expenditures): 71,968 85,576 30,981 (19,843) Account Balance
a. Beginning Account Balance: 33,491 105,459 191,036 222,017 b. Net Change (Revenue - Expenditures) 71,968 85,576 30,981 (19,843) c. Ending Account Balance: 105,459 191,036 222,017 202,174

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 57 ends

Zone 15 (Cadence)
Tract No. 8032
Formed: January 17, 2017
Resolution Number: 17-001

FY 2023
Maximum Base Assessment Rate: $682.86
Assessment Amount per Parcel: $0.00
Number of Parcels: 206
Assessment Income: $0.00

This benefit zone is s elf-maintained by the property owner. If the park is maintained, n o assessment amount will be charged.

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2017.

• Increased from the previous year from $662.97 to $682.86 per parcel by CPI-U.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (4.24% for the period December 2020 to December 2021) and the unused CPI carried over from previous fiscal years is 0%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 58 ends

FY 2023 Assessment and Income
Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to remain the same based on the City’s analysis of the financial stability of the zone.

• The per parcel charge will remain the same at zero. AMCAL has entered in contract with Bella Vista Landscape Services, Inc. (CCL # 805462) to maintain the Park in good repair and working order, and in a neat, clean, and orderly condition. AMCAL is responsible for the annual payment of the District Management cost and reimbursement to the City for the Engineer’s Report. Thus, each of the 206 parcels will be assessed at $0.00 per parcel. The Assessment District ensures adequate funding is available for the maintenance of the Park should the Developer default, not meet the maintenance standards, or if the property is sold, and the City assumes maintenance of the park

• The total annual assessment income will equal zero pursuant to the Owners Participation Agreement (OPA) for the Cadence Development. Per the OPA , AMCAL Hayward LLC (AMCAL) is responsible for the maintenance Cadence Public Park in perpetuity or for the life of the agreement. As required in Section 8.12 of the OPA, AMCAL submitted their annual Par k Maintenance Plan to the City for review and approval.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

• Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2023 Services

Services provided to this assessment zone include:

• Maintenance: of the Park in good repair and working order; and in a neat, clean, and orderly condition.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 59 ends

Zone 16 (Blackstone )
Tract Nos. 7894
Formed: May 17, 2016
Resolution Number: 16-044

FY 2023
Maximum Base Assessment Rate: Zone A: $487.00, Zone B: $511.34 Assessment Amount per Parcel – Zone A: $482.00, Zone B: $506.08 Number of Parcels: 157
Assessment Income: $76,251.77

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2016.

• Zone A: Increased from the previous year from $472.82 to $487.00 per parcel by CPI.

• Zone B: Increased from the previous year from $496.46 to $511.34 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (4.24% for the period December 2020 to December 2021) and the unused CPI car ried over from previous fiscal years is 0.41%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 60 ends

FY 20 23 Assessment and Income

FY 2023 Services

Services provided to this assessment zone include:
• Landscaping and irrigation: of park strips and setback landscaping along frontages of Burbank Street and Palmer Avenue;

• Surface maintenance : of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Park Maintenance : approximately two (2) acres of park area which includes landscaping and irrigation, exercise equipment, bocce ball courts, faux bridge, storm water basins and all other park amenities.

• Maintenance: of street trees, streetlights, paved walkways and cobblestone pathways

• One-time maintenance: A budget of $22,000 is allocated for additional maintenance, as required.

• The per parcel rate (Zone A) will increase from the previous year from $4 67.96 to $482.00.

• The per parcel rate (Zone B) will increase from the previous year from $ 491.34 to $506.08.

• The total annual assessment income will equal $76,251.77.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent ca pital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 61 ends

Landscape and Lighting District Zone 16 - Blackstone
Fund 284, Project 3753
Established 2016, 157 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
ZONE A (95% of Zone B)
a. Maximum Base Assessment: 445.68 459.05 472.82 487.00 b. Annual Per Parcel Assessment: 445.68 445.68 467.96 482.00 c. # of Parcels 133 133 133 133 d. Total Amount Assessed: 59,275 59,275 62,239 64,106 ZONE B
e. Maximum Base Assessment: 467.94 481.99 496.46 511.34 f. Annual Per Parcel Assessment: 467.94 467.94 491.34 506.08 g. # of Parcels 24 24 24 24 h. Total Amount Assessed: 11,231 11,231 11,792 12,146 i. Total Amount Assessed for the District: 70,506 70,506 74,031 76,252 Income
a. Annual Assessment Revenue 70,506 70,506 74,031 76,252 b. Minus County Tax Collection Fee (1.7%) (1,199) (1,235) (1,272) (1,310) c. Adjustment for Delinquencies (526) - - - d. Other 2,098 150 150 125 e. Total Revenue: 70,879 69,421 72,910 75,067 Services
a. Utilities: Water 13,889 19,645 22,000 25,000 b. Utilities: PGE 1,442 1,494 2,505 3,400 c. Landscape Maintenance 22,000 - 24,000 26,000 d. Graffiti Abatement - - - - e. Street Light Maintenance - - - - f. Tree Maintenance/Replacement - - - - g. One-Time Project/Maintenance - - 3,440 22,000 d. Property Owner Noticing 131 102 150 175 h. Annual Reporting 2,168 553 1,550 1,032 i. City Administration 3,090 3,000 3,090 3,183 j. Total Expenditures: 42,720 24,794 56,735 80,790 Account Balance
a. Beginning Account Balance 68,241 96,400 141,028 157,203 b. Net Change (Revenue - Expenditures) 28,159 44,627 16,175 (5,723) c. Ending Account Balance: 96,400 141,028 157,203 151,480 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 62 ends

Zone 1 7 (Parkside Heights )
Tract Nos. 8233
Formed: June 11, 2019
Resolution Number: 19-128

FY 2023
Maximum Base Assessment Rate: $564.86
Assessment Amount per Parcel (Developed): $528.69
Number of Parcels: 97
Assessment Income: $51,282.93

FY 2023 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2019.

• Increased from the previous year from $536.99 to $564.86 per parcel by CPI.

• Includes an annual inflation increase: Yes , includes February CPI -U for the San Francisco-Oakland-Hayward MSA 5.19% for the p eriod February 2021 to February 2022).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 63 ends

FY 2023 Assessment and Income
FY 2023 Services

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to remain the same based on the City’s analysis of the financial stability of the zone.

• The per parcel charge for developed parcels will remain the same from the previous year at $528.69.

• The total annual assessment income will equal $51,282.93.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital rese rve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment.

Services provided to this assessment zone include:

• Landscaping and irrigation: of groundcover, trees, and other landscaped areas along the public trail and undeveloped public open space along Ward Creek.

• Surface maintenance: This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Maintenance: of public trail trees;

• Maintenance: of trail signage;

• Maintenance: of paved public trail and permeable pavers;

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 64 ends

Landscape and Lighting District Zone 17 - Parkside Heights Fund 290, Project 3754
Established 2019, 97 Parcels
FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 513.74 528.69 536.99 564.86 b. Developed Parcels
c. Annual Per Parcel Assessment: 513.74 528.69 528.69 528.69 d. # of Parcels - 32 97 97 e. Total Amount Assessed for the District: - 16,918 51,283 51,283 f. Future Development Parcels (30%)
g. Annual Per Parcel Assessment 154.12 158.61 158.61 169.46 h. # of Parcels 97 65 - - i. Total Amount Assessed for the District: 14,950 10,309 - - j. Total Amount Assessed 14,950 27,228 51,283 51,283 Income
a. Annual Assessment Revenue 14,966 27,228 51,283 51,283 b. Minus County Tax Collection Fee (1.7%) (254) (463) (872) (872) c. Adjustment for Delinquencies - - - - d. Other 229 - 350 3,800 e. Total Revenue: 14,940 26,765 50,761 54,211 Services
a. Utilities: Water - - - 4,000 b. Utilities: PGE - - - 1,000 c. Landscape Maintenance - - - 37,000 d. One-Time Project Maintenance - 5,000 e. Property Owner Noticing - 43 30 500 f. Annual Reporting - 553 1,550 1,032 g. City Administration - 3,000 3,090 3,183 h. Total Expenditures: - 3,596 4,670 51,715 Account Balance
a. Beginning Account Balance: - 14,940 38,109 84,200 b. Net Change (Revenue - Expenditures) 14,940 23,169 46,091 2,496 c. Ending Account Balance: 14,940 38,109 84,200 86,697 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Zone 1 8 (SoHay )
Tract Nos. 8428, 8444, 8445, 8446, 8447
Formed: June 11, 2019
Resolution Number: 19-130

FY 2023
Maximum Base Assessment Rate: Zone A: $430.82, Zone B: $409.28 Assessment Amount per SFE (Developed): Zone A: $400.00, Zone B: $380.00 Assessment Amount per SFE (Undeveloped): Zone A: $120.00 Zone B: $114.00 Number of Parcels: 433 SFE
Assessment Income: $139,724.00

Note: 79 Single Family Equivalent (SFE) of the SoHay development are scheduled for future development. Future development parcels are assessed at 30% of the developed parcel rate.

The development is anticipated to be completed by FY 2023. Landscape maintenance of the area is anticipated to be turned over to the City in FY 2023.

FY 2023 Maximum Base Assessment

Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2019.

• Zone A: Increased from the previous year from $409.57 to $430.82 per parcel by CPI.

• Zone B: Increased from the previous year from $389.09 to $409.28 per parcel by CPI.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 66 ends

• Includes an annual inflation increase: Yes, includes February CPI -U for the San Francisco-Oakland-Hayward MSA (5.19% for the period February 2021 to February 2022).
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2023 Assessment and Income

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.

• The rate per SFE (Zone A - Developed) was increased from the previous year from $50.00 to $400.00.

• The rate per SFE (Zone A - Undeveloped) was increased from the previous year from $15.00 to $120.00.

• The rate per SFE (Zone B - Developed) was increased from the previous year from $47.50 to $380.00.

• The rate per SFE (Zone B - Undeveloped) was increased from the previous year from $14.25 to $114.00.
• The total annual assessment income will equal $139,724.00.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• The assessments are apportioned among all lots and parcels within the Assessment Area based on Single -Family Equivalent (SFE). Townhomes are assigned 1.0 SFE, apartments are assigned 0.43 SFE per apartment unit, and commercial is assigned 0.50 SFE per 0.20 acres.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 67 ends

FY 2023 Services

Services provided to this assessment zone include:

• Landscaping and irrigation: of park groundcover, trees and other landscaped areas;

• Surface maintenance: of the masonry walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Park Maintenance : approximately two (2) acres of park area which includes landscaping and irrigation, play structures, basketball court, bike racks, fencing and all other park amenities;

• Maintenance: of park lighting and signage;

• Maintenance: of concrete sidewalks and other paved or concrete surface within the park;

Note:

FY 2023 Special Assessment Rate increase - Zone 18 (SoHay). LLAD 18 acceptance and maintenance is anticipated in FY 2023.

In FY 2022, the LLAD 18 (S oHay) development was still under construction and the maintenance responsibility of the park remained with the developer, so the Zone was assessed at a rate significantly lower ($50.00) than the maximum rate ($409.57). Now, a year later, the development is projected to be completed in FY 2023 and the City anticipates accepting the full responsibility and cost of maintaining LLAD 18. As a result, staff is recommending an increase in the assessment rate to $400.00. The annual O&M and capital cost estimate is provided on the following page.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

Page 68 ends

Landscape and Lighting District Zone 18 - SoHay
Fund 291, Project 3755
Established 2019, 433 SFE (Incl 2 Commercial parcels and 1 apt complex) FY 2020 FY 2021 FY 2022 FY 2023
Budget Detail Actual Actual Estimate Proposed
Assessment
Zone A
Maximum Base Assessment Amount: 391.84 403.24 409.57 430.82 a. Developed Parcels
b. Annual Assessment per SFE 391.84 403.24 50.00 400.00 c. # of SFE - 75 192 261 d. Total Amount Assessed: - 30,243 9,600 104,384 e. Future Development Parcels: 30%
f. Annual Assessment per SFE 117.55 120.97 15.00 120.00 g. # of SFE 261 186 69 - h. Total Amount Assessed: 30,676 22,501 1,035 - Zone B (95% of Zone A)
Maximum Base Assessment Amount: Zone B 372.25 383.08 389.09 409.28 k. Developed Parcels:
l. Annual Assessment per SFE 372.24 383.08 47.50 380.00 m. # of SFE - - 79 93 n. Total Amount Assessed: - - 3,752 35,340 o. Future Development Parcels: 30%
p. Annual Assessment per SFE 111.67 114.92 14.25 114.00 q. # of SFE 172 172 93 79 r. Total Amount Assessed: 19,208 22,501 1,035 - s. Total Amount Assessed for the District: 49,884 75,245 15,422 139,724 Income
a. Annual Assessment Revenue 49,778 75,245 15,422 139,724 b. Minus County Tax Collection Fee (1.7%) (728) (1,279) (262) (2,375) c. Adjustment for Delinquencies - - - - d. Other 728 50 - - Total Revenue: 49,778 74,015 15,160 137,349 Services
a. Utilities: Water - - - 20,600 b. Utilities: PGE - - - 2,060 c. Landscape Maintenance - - - 65,000 d. Graffiti Abatement - - - 1,000 e. Tree Trimming - - - 1,000 f. Property Owner Noticing - 68 500 500 g. Annual Reporting - 553 1,550 1,032 h. City Administration - 1,600 1,600 1,648 i. Total Expenditures: - 2,221 3,650 92,840 Account Balance
a. Beginning Account Balance: - 49,778 121,572 133,083 b. Net Change (Revenue - Expenditures) 49,778 71,794 11,510 44,509 c. Ending Account Balance: 49,778 121,572 133,083 177,591 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Assessment
WHEREAS, the City Council of the City of Hayward, County of Alameda, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), and in accordance with the Resolutio n of Intention, being Resolution No. 22-XXX, preliminarily approving the Engineer’s Report, as adopted by the City Council of the City of Hayward, on June 21, 2022.

WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District, and an assessment of the estimated costs of the improvements upon all assessable parcels within the Assessment District, to which Resolution and the description of said proposed i mprovements therein contained, reference is hereby made for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of the City of Hayward, hereby make the following assessments to cover the portion of the estimated cost of Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the Assessment District. The distinctive number of each parcel or lot of land in the Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.

I do hereby assess and apportion said net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Assessment District, in accordance with the special benefits to be received by each parcel or lot from the improvements, and more part icularly set forth in the Estimate of Costs and Method of Assessment hereto attached and by reference made a part hereof.

The assessments are made upon the parcels or lots of land within Assessment District, in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the FY 2023. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the Alameda County Recorder Office.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the FY 2023 for each parcel or lot of land within said Landscaping and Lighting Assessment District No. 96-1.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2023

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Hayward City CouncilJune 21, 2022

Hayward City Council
June 21, 2022