Council Packet — Hayward City Council, July 5, 2022 (part 1 of 4)

Tuesday, July 5, 2022
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda
City Council Agenda July 5, 2022

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/89513711378?pwd=NWh5NXVlS0pmNktYNkw1VENGZTdydz09 Meeting ID: 895 1371 1378
Password: HCC7/5@7pm
or
Dial: +1 669 444 9171 or +1 669 900 6833 or 877 853 5247 (Toll Free) Meeting ID: 895 1371 1378
Password: 7624645159
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 Zermeño

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
CITY OF HAYWARD Page 2 Tuesday, July 5, 2022
City Council Agenda July 5, 2022

PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the City Council on items not listed on the agenda or Information Items. The Council welcomes 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.

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

CONSENT
Approve the City Council Minutes of the City Council Meeting on June 21, 2022

1. MIN 22-089
Attachments: Attachment I Minutes of 6/21/2022
Adopt an Ordinance of the City of Hayward Adding Article 15 to Chapter 3 of the Hayward Municipal Code Relating to the Use of Military Equipment by Law Enforcement

2. CONS 22-429
Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Attachment III Revised Policy
Adopt an Ordinance Granting Exclusive Franchise to Waste Management of Alameda County for Solid Waste, Recyclable Materials and Organic Materials Services

3. CONS 22-440
Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
CITY OF HAYWARD Page 3 Tuesday, July 5, 2022
City Council Agenda July 5, 2022
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Professional Services Agreements with
Consolidated Engineering Labs, Signet Testing Labs, and Apex Testing Laboratories in an Amount Not-to-Exceed $200,000 Annually Per Firm for Three Years for On-Call Material Testing and Special Inspection Services

4. CONS 22-397
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Sheriff’s Office for Receipt of FY 2019 Byrne Justice Assistance Grant (JAG) funds in the Amount of $36,891

5. CONS 22-410
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to
Appropriate $640,000 for the SR-92/Whitesell Interchange - Project Initiation Document Project No. 05334

6. CONS 22-415
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Approving Addendum No. 1 and Awarding a Contract to GSW Construction, Inc., for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in an Amount of $770,218 with the Addition of $85,000 in Administrative Change Orders and Appropriating Additional Funds in an Amount of $543,675

7. CONS 22-416
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2023 for Old Highlands Area Road Improvement Assessment District

8. CONS 22-418
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Final Engineer's Report
CITY OF HAYWARD Page 4 Tuesday, July 5, 2022
City Council Agenda July 5, 2022
Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Water Pollution Control Facility’s (WPCF) Switchgear Rehabilitation Project, Project No. 07656

9. CONS 22-419
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Final Map of Tract 8581, a 47 Lot Subdivision on a 5.4 Acre Site located at 1000 La Playa Drive to Allow the Construction of 47 Single Family Homes, a Common Open Space Parcel, and Related Site Improvements; Applicant/Owner: D.R. Horton Bay, Inc., Application No. 202200670

10. CONS 22-424
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map Tract 8581
Attachmnet IV Vesting Tentative Map Tract 8581
Adopt a Resolution Approving Addendum No. 1 and No. 2 and Awarding a Contract to Ranger Pipelines, Inc., for the Sewer Line Improvements Project, Project No. 07761, in the Amount of $11,087,925 in Addition to Approving $1,108,793 in
Administrative Construction Contingency, and Appropriating Additional Funds in an Amount of $3,067,915

11. CONS 22-431
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Authorizing the Single Source Agreement with Western Energy Systems for Services to the Cogeneration Engine System at the Water Pollution Control Facility (WPCF) in an Amount Not-to-Exceed $507,710 Plus Administrative Change Orders in the Amount of Ten Percent of the Contract Price for a Total of $558,500

12. CONS 22-433
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 5 Tuesday, July 5, 2022
City Council Agenda July 5, 2022
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Applied Pavement
Technology, Inc., to Provide Consulting Engineering Services for the Airport Pavement Management Program (PMP) Update at Hayward Executive Airport Project in an Amount of
$227,000

13. CONS 22-434
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Brown and Caldwell for the Preliminary Design Services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project, Project No. 07760, in an Amount Not-to-Exceed $3,849,711

14. CONS 22-436
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $313,375 from Bunker Hill by Trumark Homes, LLC to the La Vista Park Project, Project No. 06914

15. CONS 22-437
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Extension to the Master Agreement and Lease with the Hayward Area Recreation and Park District for
Operations and Maintenance of City Lands through October 15, 2022

16. CONS 22-438
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Parks Covered by Master Lease
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Kitchell for Construction Management for the Stack Center in an
Amount Not-to-Exceed $520,000

17. CONS 22-443
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 6 Tuesday, July 5, 2022
City Council Agenda July 5, 2022
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $210,000 in Awarded Grant Funding from the
State of California Office of Traffic Safety for Use by the Hayward Police Department

18. CONS 22-444
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) Between the City of
Hayward and Tiburcio Vasquez Health Center (TVHC) for a Lease to Operate the Firehouse Clinic (FHC) and to Appropriate the Rent from TVHC to CIP Project FD010 for Building
Maintenance, Upgrades, and Improvements in Service Delivery

19. CONS 22-449
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the Hayward Police
Department to Enter Into A Five-Year Agreement With Axon Enterprises, Inc. For the Purchase of Axon Fleet Vehicle Dash Cameras With Automated License Plate Reading Technology

20. CONS22-429
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III HPD ALPR Policy 429
Attachment IV HPD Policy 425
CITY OF HAYWARD Page 7 Tuesday, July 5, 2022
City Council Agenda July 5, 2022
LEGISLATIVE BUSINESS (Continued from June 28, 2022)
City of Hayward Homelessness Update: 1) Receive Results of 2022 Point-in-Time Count Results; 2) Receive an Update on City of Hayward Homelessness Efforts; 3) Adopt Resolutions for FY2023 Homelessness Related Professional Services
Agreements (Report from Acting Assistant City Manager
Claussen) (Continued from June 28, 2022)

21. LB 22-018
Attachments: Attachment I Staff Report
Attachment II Alameda County PIT Data
Attachment III Hayward PIT Data 2022
Attachment IV LHH Plan Update
Attachment V Resolution to Amend Agreement with FPCH
Attachment VI HNC and Annex Report
Attachment VII Resolution with BACS
Attachment VIII Resolution to Amend Agreement with BACS

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.

Housing Element: Work Session on the Housing Resources, Inventory and Housing Plan of the 2023-2031 Housing Element (Report from Acting Assistant City Manager/Development
Services Director Claussen)

22. WS 22-027
Attachments: Attachment I Staff Report
Attachment II Housing Resources & Inventory
Attachment III Housing Plan
CITY OF HAYWARD Page 8 Tuesday, July 5, 2022
City Council Agenda July 5, 2022

PUBLIC HEARING
LLAD 96-1 Assessment Hearing: Adopt a Resolution to
Approve the Final Engineer's Report, Reconfirm Maximum
Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Adopt a Resolution to Approve Funding
Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18, for Fiscal Year 2023 (Report from Maintenance Services Director Rullman)

23. PH 22-040
Attachments: Attachment I Staff Report
Attachment II Resolution Approving the Engineer's Report Attachment III Resolution Approving Funding
Attachment IV Engineer's Report
Attachment V FY 2023 Assessment Roll
Maintenance District No. 1 Public Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and
Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane, for Fiscal Year 2023 (Report from Maintenance Services Director Rullman)

24. PH 22-041
Attachments: Attachment I Staff Report
Attachment II Resolution Approving Engineer's Report
Attachment III Resolution Approving Funding
Attachment IV Engineers Report
Attachment V FY 2023 Assessment Roll
CITY OF HAYWARD Page 9 Tuesday, July 5, 2022
City Council Agenda July 5, 2022
Maintenance District No. 2 Public Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and
Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2023 (Report from Maintenance Services Director Rullman)

25. PH 22-042
Attachments: Attachment I Staff Report
Attachment II Resolution Approving Engineer's Report
Attachment III Resolution Approving Funding
Attachment IV Engineers Report
Attachment V FY 2023 Assessment Roll

LEGISLATIVE BUSINESS
Cal Cities 2022 Annual Conference: Adopt a Resolution
Designating Voting Delegates and Alternates for the Annual Conference Scheduled for September 7-9, 2022 (Report from City Clerk Lens)

26. LB 22-019
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Cal Cities Correspondence

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

ADJOURNMENT
NEXT SPECIAL MEETING, July 12, 2022
CITY OF HAYWARD Page 10 Tuesday, July 5, 2022
City Council Agenda July 5, 2022

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.

CITY OF HAYWARD Page 11 Tuesday, July 5, 2022
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-089
DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on June 21, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of June 21, 2022

SUMMARY
The City Council held a meeting on June 21, 2022.

ATTACHMENTS
Attachment I Draft Minutes of June 21, 2022
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chamber and Virtual Platform (Zoom)
https://hayward.zoom.us/j/82697325767?pwd=MEhBV3IxM29VWXhhNTExaFZwYUlydz09 Tuesday, June 21, 2022, 7:00 p.m.

The City Council 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 Member Wahab

ROLL CALL

Present:

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

Absent: None

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on June 21, 2022, at 5:30 p.m., with all members present and no public speakers, regarding three items: (1) conference with property negotiators pursuant to Government Code section 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, 415-0180-081-01; (2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding labor groups; and (3) 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 KAW. City Attorney Lawson announced there was no reportable action related to the items, there was an action item related to Item 2 under Legislative Business, and indicated the closed session adjourned at 6:15 p.m.

PRESENTATION
Mayor Halliday read a Certificate of Commendation presented to Hayward Chamber of Commerce President and CEO, Kim Huggett, upon his retirement and in honor of his dedication and commitment to the Hayward Chamber of Commerce. Mr. Kim Huggett accepted the certificate and thanked the City Council and City staff for their support throughout his tenure.

PUBLIC COMMENTS
Ms. Velda Goe, Hayward resident, referred to documents sent to Council and requested a Council referral memorandum be agendized to address the actions recommended in the Campus Drive University Campus Neighborhood Association (UCNA) resident proposal which was shared with Council regarding traffic concerns on Campus Drive. 2 | M a y 3 , 202 2
City Manager McAdoo noted that City staff had engaged with Ms. Goe and the neighborhood about Campus Drive and will continue to meet with them.

CITY MANAGER’S COMMENTS
City Manager McAdoo did not have any comments.

CITY COMMISSIONS

1. Hayward Youth Commission: Adopt a Resolution Confirming the Appointment of Hayward Youth Commission Members APPT 22-001
Staff report submitted by City Clerk Lens, dated June 21, 2022, was filed.

City Clerk Lens provided a synopsis of the staff report and expressed appreciation to the newly appointed Hayward Youth Commissioners and their parents for attending the ceremony.

There being no public comments, Mayor Halliday opened and closed the public comment section at 7:24 p.m.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-151, “Resolution Confirming the Appointment of Members of the Hayward Youth Commission”
Newly appointed members of the Hayward Youth Commission were sworn-in by City Clerk Lens.

Mayor Halliday thanked Council Member Zermeño and Council Member Salinas for their participation in the selection process, congratulated the newly appointed members, and urged them to share their thoughts and ideas with the Council about issues impacting the community.

Council Member Zermeño thanked the parents of the newly appointed members for their support.

2. 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 ACT 22-068 Staff report submitted by Director of Library Services Addleman, dated June 21, 2022, was filed.

Library Director Addleman provided a synopsis of the staff report and introduced Library Commission Chair Patterson who spoke on behalf of the Library Commission about the recommendation asking the Council to support the right of all residents to access information and a resolution affirming the City’s support for the Library Bill of Rights, Freedom to Read Statement and Freedom to View Statement.

There being no public comment, Mayor Halliday opened and closed the public comment section at 7:38 p.m.

Council Member Márquez thanked the Library Commission for their advocacy and partnership with Library staff and stated that these statements make it clear to the public that acts of discrimination, such as a recent incident at the San Lorenzo Library where a drag queen member was harassed, are not tolerated in the community.

Council Member Márquez made a motion per staff’s recommendation and Council Member Salinas seconded the motion.

Council Member Andrews thanked Library staff and Library Commission for taking a stand on matters protecting rights, and supporting the community with resources, and expressed condolences to drag queen participants for the recent incident.

Council Member Zermeño expressed his support for the library.

Mayor Halliday spoke about the 1953 Freedom to Read Statement, the 1939 Library Bill of Rights, and emphasized this was a time to stand up for constitutional rights to read, speak, and believe what we want as long as not interfering with others’ rights.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
4 | M a y 3 , 202 2
Resolution 22-152, “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”

CONSENT

3. Approve the City Council Meeting Minutes of the City Council Meeting on June 21, 2022 MIN 22-084
It was moved by Council Member Lamnin, seconded by Council Member Zermeño, and carried unanimously, to approve the minutes of the City Council Meeting on June 21, 2022, with an amendment.

4. 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 22-352
Staff report submitted by Acting Assistant City Manager/Development Services Director Claussen, dated June 21, 2022, was filed.

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 22-153, “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”

5. 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 22-355 Staff report submitted by Acting Assistant City Manager/Development Services Director Claussen, dated June 21, 2022, was filed.

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 22-154, “Resolution Appropriating an Additional $470,000 for Consulting Services for Plan Check, Building Inspection, and Permit Technician Services for Fiscal Year 2022”

6. 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 22-358
Staff report submitted by Public Works Director Ameri dated June 21, 2022, was filed.

It was moved by Council Member Lamnin, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution with modifications as reflected in staff’s memorandum.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-155, “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”

7. 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 22-360
6 | M a y 3 , 202 2
Staff report submitted by Public Works Director Ameri dated June 21, 2022, was filed.

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 22-156, “Resolution Awarding the Construction Contract to Rosas Brothers Construction, Inc., for the Fy22 Sidewalk Rehabilitation and Wheelchair Ramps Project No 05318 in the Amount of $752,392”

8. 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 22-364 Staff report submitted by Public Works Director Ameri, dated June 21, 2022, was filed.

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 22-157, “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”

9. 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- 366

Staff report submitted by Maintenance Services Director, Rullman, dated June 21, 2022, was filed.

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 22-158, “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”

10. 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 22-369 Staff report submitted by Maintenance Services Director Rullman dated June 21, 2022, was filed.

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 22-159, “Resolution of Intention Preliminarily Approving the Engineer's Report; Declaring Intention to Levy Assessments for Fiscal Year 2023; and Setting July 5, 2022, as the Public Hearing Date Concerning Maintenance District No. 1 - 8 | M a y 3 , 202 2
Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road, and Ruus Lane”

11. 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 22-371
Staff report submitted by Maintenance Services Director Rullman, dated June 21, 2022, was filed.

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 22-160, “Resolution of Intention Preliminarily Approving Engineer's Report, Declaring Intention to Levy Assessments for Fiscal Year 2023, and Setting July 5, 2022, as the Public Hearing Date Concerning Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer”

12. 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 22-370
Staff report submitted by Police Chief Chaplin, dated June 21, 2022, was filed.

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 22-161, “Resolution Authorizing the City Manager to Establish a Communications Operator Lateral and Entry-Level (Cole) Hiring Bonus Program”
Resolution 22-162, “ Resolution Authorizing the City Manager to Establish a Communications Operator Hiring Incentive Referral Program (HIRP) in the Amount of $2,000 to Qualified Referring Employees”

13. 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 22-390
Staff report submitted by Maintenance Services Director Rullman, dated June 21, 2022, was filed.

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 22-163, “Resolution Authorizing an Amendment to the FY 2022 Operating Budget for Fleet Management Fund (735) to Increase the Annual Appropriation in the Maintenance Services Department Budget by $195,000 Through Use of
Existing Funds”

14. 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 22-395
Staff report submitted by City Manager McAdoo and City Clerk Lens, dated June 21, 2022, was filed.

It was moved by Council Member Lamnin, seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution. 10 | M a y 3 , 202 2
AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-164, “Resolution Making the Required Findings Pursuant to Ab 361 to Continue to Hold Teleconferenced Public Meetings During the Covid 19 State of Emergency”

15. 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 22-399
Staff report submitted by City Clerk Lens, dated June 21, 2022, was filed.

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 22-165, “ Resolution of the City Council of the City of Hayward Calling for a General Municipal Election to be Held on November 8, 2022, for the Purpose of Electing Two Members of the City Council and One Mayor for Terms of Four Years; and Requesting the Alameda County Board of Supervisors to Provide for the Consolidation of a General Municipal Election of The City of Hayward with the General Election”
Resolution 22-166, “Resolution of the City Council of the City of Hayward, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022”

WORK SESSION

16. 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 WS 22-024 Staff report submitted by Police Chief Chaplin, dated June 21, 2022, was filed.

Police Chief Chaplin announced the report and introduced Captain Deplitch and Lieutenant Dorn who provided a synopsis of the staff report about the purchase of Axon fleet vehicle dash cameras with automated license plate reading (ALPR) technology and showed a sample video of patrol cars with Axon Dash/ALPR cameras.

Mayor Halliday opened the public comment section at 8:15 p.m.

Mr. Jesse Gunn, Hayward Community Coalition (HayCoCoa) member, underscored the importance of having an independent oversight body and transparency on how to file a complaint or investigate incidents related to dash cameras through a reporting system other than through the Hayward Police Department (HPD).

The following public members spoke in support of HPD’s purchase of dash cameras with automated license plate reading technology because the technology would increase safety on the streets, video footage would provide actual representation of incidents, would decrease litigation and cash settlements, would promote transparency and accountability while responding to incidents, would serve to document critical events, aid investigations, help locate stolen vehicles and prevent criminal activity. TJ’s comments were dedicated in memory of Sgt. Scott Lunger who was killed on duty during a traffic stop in July 2015.

Ms. Claire Dugan, Hayward resident
Ms. Theresa R, Hayward Concerned Citizens member
Ms. TJ, Hayward Concerned Citizens member
Ms. Suzanne
Mr. Tom Ferreira, Hayward Concerned Citizens member
Mayor Halliday closed the public comment section at 8:28 p.m.

Members of the City Council thanked City staff for the report and the community outreach conducted, and appreciated Hayward Concerned Citizens and Hayward Community Coalition for their input.
12 | M a y 3 , 202 2
Members of the Council Infrastructure Committee, comprising Council Members Andrews, Márquez, and Salinas were thanked for reviewing the item and providing input There was general support for the purchase of Axon fleet vehicle dash cameras with automated license plate reading technology.

Discussion ensued among members of the City Council, City staff, Mr. Steven Flowers, with Cloud Trust and Security, and Mr. Jason South with Axon about: the Police Chief’s Community Advisory Panel (CAP) involvement with purchase and implementation of Axon fleet vehicle dash cameras with automated license plate reading (ALPR) technology through quarterly reports; triggering events (up to ten customizable) to activate dash cameras and reasons for keeping them on and turning them off; use of ALPR to obtain vehicle’s registration information or capture images of fraudulent paper plates; video footage not being shared with federal agencies; dash cameras used by public members as a way to collect evidence in the event of accidents; 53 marked police vehicles and some special duty units would have the proposed technology; having a complaint liaison outside of HPD was a policy innovation project that would be updated in the fall; privacy concerns and measures to access data by the custodian of record; contract terms and operations; data breach and security measures with Axon; the reason for not recording videos 24/7 was because the cost of hosting data would increase; resolution of proposed videos; alerts would be for felony crimes and for situations such as a missing person experiencing mental crisis; and life-saving potential from the use of proposed technology by HPD.

Members of the City Council offered the following recommendations and comments: Hayward Community Coalition members can reach out to Council if there is a better method to communicate and provide input; have incidents, where dash cameras were not activated and not used for evidence, reviewed with the CAP; consider vehicle dash cameras for the Hayward Fire Department; include statistics on the use of dash cameras in future HPD reporting to Council; community members can ask to receive notifications about Council Infrastructure Committee meeting agendas via the City Clerk as items related to capital improvement projects fall under the purview of the Council Infrastructure Committee; have language in the resolution, when the item comes back for Council’s approval, that specifically expresses that the City would not release footage to the federal government pursuant to a policy of nondisclosure and the City would vigorously fight if the federal government wanted access to the information; consider the highest resolution possible for video recording; consider including strong data restrictive language in the terms of the contract regarding use/view of data including a log; include language about alerts that would trigger use of activation of dash cameras; have a better understanding of ACLU metrics and provide information about the engagement process; when the item comes back for action, reference the City’s sanctuary policy related to camera use; update policy language to make it gender neutral so it aligns with other policies; and ensure there are reference to existing and relevant policies.

LEGISLATIVE BUSINESS

17. 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 LB 22- 016
Staff report submitted by Chief of Police, Chaplin, dated June 21, 2022, was filed.

Police Chief Chaplin announced the report and introduced Deputy Police Chief Matthews who provided a synopsis of the staff report including introduction of an ordinance approving a Military Equipment Use Policy No. 706 regarding the Hayward Police Department’s funding, acquisition, and use of military equipment as defined by Assembly Bill (AB) 481.

Discussion ensued among members of the City Council and City staff regarding: clarification that grenades, grenade launchers and tanks were not in the possession of the Hayward Police Department (HPD); HPD has to report military equipment as listed in AB 481 to Council at a minimum on an annual basis after the ordinance is adopted; different ways to file complaints and for staff to consider a clear process for filing complaints to increase transparency; AB 48 governs the use of chlorobenzylidene malononitrile CS (tear gas) for riot control and multiple announcements are made to discontinue unlawful gatherings before using riot control agents and suggested to pre-record standard announcements in multiple languages; if HPD borrows military equipment in exigent circumstances, the Police Chief will need to come before Council reporting on its use; process for referring a complaint to HPD and requested that future onboarding of Council Members include training on how to receive complaints; recommendation for removing three munitions (stingerballs) from HPD’s equipment inventory; authorized use of 40 mm sponge round munitions and CS along with clear documentation on their use moving forward; HPD’s webpage to share information about AB 481, proposed policy, equipment inventory list, and staff reports including the annual report to Council; and various ways to submit complaints and staff would explore a more formal complaint liaison program and a graphic on the website for the community in the interim.

Mayor Halliday opened the public hearing at 10:14 p.m.

Mr. Jesse Gunn, HayCoCoa member and Hayward resident, recommended Policy 706 be amended to include: the minimum requirement for use of the equipment, the specific requirement for de-escalation, that chemical agents, including CS, be banned, prioritize developing a complaint process; and indicated carbine rifles are military weapons. 14 | M a y 3 , 202 2
Ms. TJ, Hayward Concerned Citizens member, stated that Hayward residents should be assured that public safety and having resources are among Council’s highest priorities and urged Council to approve the proposed policy.

Ms. Theresa R., Hayward Concerned Citizens member, noted HPD needs as much firepower to what is on the streets to defend residents, and stated that tear gas would be used in extreme situations and police should have access to them at their discretion.

Ms. Suzanne Luther, Hayward Concerned Citizens member, supported HPD’s use of all their safety equipment, noted today’s crimes are organized with big firearms and body armor, and urged Council to support HPD’s safety equipment.

Mr. Collin Thormoto, Community Services Commission member, appreciated the inclusion of the specific exemptions for items that HPD does not have and have no intention of acquiring, encouraged using the phrase “to be used” for the purpose section throughout the equipment list, suggested having paperwork for complaints to promote transparency, stated that more firearms do not make people feel safer.

Mr. Tom Ferreira, Hayward Concerned Citizens member, expressed support for HPD’s safety equipment; and suggested installing digital screens with a QR code, potentially in front of the police station, to inform the community and increase transparency.

Mayor Halliday closed the public hearing at 10:27 p.m.

Council Member Zermeño made the motion to approve staff’s recommendation; supported removing the three stingerballs from HPD’s equipment inventory in response to community input; encouraged staff to seek opportunities to have community conversations from an equity perspective; noted the ordinance had checks and balances; and noted HPD was doing well in complying with AB 481 because transparency would lead to community trust.

Council Member Salinas seconded the motion.

Council Member Salinas thanked HPD staff for including community groups in outreach efforts; stated the proposed policy was a reminder of the responsibility to keep communities safe and be accountable for equipment used; appreciated the mutually agreed discontinued use of three munitions; noted the information on the website would be beneficial; expressed he wanted to see included in an update the places where one could file a complaint; and was satisfied with the record keeping and data collection attached to the deployment and use.

Council Member Lamnin indicated that the proposed policy was better and appreciated the thoughtfulness, engagement and transparency; however, she wished this was a work session and offered suggestions to amend the policy by adding language to indicate the three stingerballs would be removed from HPD’s equipment inventory, articulate better the complaint procedure, articulate that a carbine rifle is capable of harming or killing an armed subject at various distances, and clarify language about authorized use, authorized users, and the purpose for each piece of equipment.

City Manager McAdoo stated the item was an introduction of ordinance and if Council was amenable to language changes, staff could make proposed changes and bring them back for the adoption of ordinance.

Discussion ensued about the proposed language changes. The motion maker and seconder were amenable to proposed amendments.

Council Member Márquez appreciated how quickly HPD conducted community meetings and were available to address Council’s questions and made the following suggestions: specify the minimum uses for the equipment, consider conducting a six-month review to address concerns about exigent circumstances, and remove the three pieces of munitions from HPD’s equipment inventory.

Council Member Andrews thanked staff for the presentation and appreciated the community engagement and outreach to members of the City Council, requested community groups share ideas for better ways to engage the community, wanted the complaint/compliment system/process project prioritized and suggested using social media platforms, supported exploring having pre-recorded announcements in different languages, stated that the previous information shared with the community started the dialogue on the topic, appreciated information on the risk assessment of not having the equipment, and supported the six-month review within the first year of the requirement.

City Manager McAdoo noted the six-month review within the first year of the requirement would be explored.

Council Member Wahab thanked HPD for the multiple community engagement events; supported removing equipment that HPD views as unnecessary; wanted to have a framework for when to engage the equipment and who would use it to increase accountability; and added that more robust data would garner safety, transparency and trust building in the community.

Mayor Halliday noted that for the amendments that are not going to be stated in the policy, they could be included in the staff report.

Mayor Halliday commented about the January 6, 2021, attack on the United States Capitol by a mob and wished the Capitol Police were better equipped to respond to the incident, held concerns about disclosing information required by the bill but understood the responsibility to oversee HPD and ensure they are not using excessive force unnecessarily, noted there were peaceful protests in Hayward, and appreciated HPD’s community engagement and how input was incorporated into the policy.
16 | M a y 3 , 202 2
City Manager McAdoo summarized that the motion consisted of staff’s recommendation with the following amendments: strikethrough the three pieces of equipment associated with stingerballs from the inventory list; there would be an enhancement to the complaint language and have it mirror the existing complaint policy or provide additional clarification; consider language, under Military Equipment Inventory List, that indicates a carbine riffle is a firearm capable of harming or killing an armed subject at various distances; further clarify the breakdown between authorized use, authorized users and the purpose for each piece of equipment; and further articulate minimum uses for the equipment. Items for the staff report would include: a six-month review on the uses and implementation of the policy, prioritize work on the complaint system project from the policy innovation workshops, and evaluate having pre-recorded warning messages in different languages when using CS gas during incidents.

City Manager McAdoo stated the ordinance would return for adoption at the July 5, 2022 Council meeting.

Council Member Zermeño and Council Member Salinas were in agreement with the restated motion and amendments.

It was moved by Council Member Zermeño, seconded by Council Member Salinas, and carried by the following roll call vote, to introduce the ordinance as stated above.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Introduction of Ordinance 22-_, “An Ordinance of the City of Hayward, California, Adding Article 15 to Chapter 3 of the Hayward Municipal Code Relating to the Use of Military Equipment by Law Enforcement” The Council took a five-minute recess and Mayor Halliday reconvened the meeting at 11:05 p.m.

18. 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 LB 22-014
Staff report submitted by Assistant City Manager/Interim Director of Human Resources, Youngblood dated June 21, 2022, was filed.

Assistant City Manager/ Interim Director of Human Resources Youngblood provided a synopsis of the staff report.

In response to Council Member Andrews’ inquiry regarding the reason the salary study was done in December, City Manager McAdoo indicated that other agencies implement cost of living adjustments on July 1st of the year, and that by doing the study in December, the study would consider other agencies adjustments.

In response to Council Member Márquez’s inquiry, Assistant City Manager/ Interim Director of Human Resources Youngblood responded that the fiscal impact was for the upcoming fiscal year.

There being no public speakers, Mayor Halliday opened and closed the public hearing at 11:20 p.m.

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

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-167 “Resolution Approving an Amendment to the Salary and Benefits Resolution for Unrepresented Executives, Management, City Manager, Human Resources and City Attorney Employees”
City Manager McAdoo and City Clerk Lens left the Council Chambers and City Attorney Lawson left the Zoom webinar because they had to recuse themselves from participating on Legislative Business Item 19 as it pertained to their employment agreements.

19. 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 LB 22-014
Staff report submitted by Assistant City Manager/Interim Director of Human Resources, Youngblood dated June 21, 2022, was filed.

Assistant City Manager Youngblood provided a synopsis of the staff report.

There being no public comment, Mayor Halliday opened and closed the public hearing at 11:25 p.m. 18 | M a y 3 , 202 2
Council Member Márquez noted the City Council performs an annual evaluation on the three Council’s appointed officers and shared that all three were doing a remarkable job.

Council Member Salinas seconded the motion.

Mayor Halliday noted that Council Member Lamnin, Council Member Salinas and herself serve on the Council Appointed Officers Committee which organizes the review of the three appointed officers, echoed Council Member Márquez’s comment and noted that City resources were carefully considered when evaluating compensations.

It was moved by Council Member Márquez, seconded by Council Member Salinas, and carried by the following roll call vote, to adopt the resolutions.

AYES: COUNCIL MEMBERS Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 22-168 “Resolution Approving the Amendment to the Employment Agreement Between the City of Hayward and City Attorney and Authorizing the Mayor to Execute the Agreement” Resolution 22-169 “Resolution Approving the Amendment to the Employment Agreement Between the City of Hayward and City Clerk and Authorizing the Mayor to Execute the Agreement” Resolution 22-170 “Resolution Approving the Amendment to the Employment Agreement Between the City of Hayward and City Manager and Authorizing the Mayor to Execute the Agreement”

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews thanked all attendees for their participation at the June 18, 2022 Juneteenth Wellness event held at the Heritage Plaza and thanked Russell City Blues Festival for the concert at City Hall Plaza, and shared concern about the incident at Southland Mall on June 20, 2022, and indicated she stands in solidarity with the Asian-American community.

Mayor Halliday thanked Council Member Andrews for all her efforts organizing the successful Juneteenth Wellness event.

Council Member Salinas shared the Hayward Family Festival held on June 17, 2022, at the Mia’s Dream Come True playground was a phenomenal success and thanked Library staff and announced that June 21, 2022, was the first day of summer and the start of the Words for

Lunch program at the Heritage Plaza and Mia’s Dream Come to True playground where children can receive free lunch and participate in reading activities.

Council Member Márquez thanked Council Member Andrews for her vision and passion with the Juneteenth event and suggested that next year, the Downtown Farmers’ Market be held closer to Heritage Plaza for connectivity and synergy.

Mayor Halliday congratulated the Hayward Rotary on its 100th Anniversary and for holding a celebration at City Hall on June 17, 2022; and shared she, along with fellow Council members, attended a reception prior to the Council meeting for HUSD Superintendent Dr. Wayne as he will be joining the San Francisco Unified School District and presented him with a certificate of commendation for his service to Hayward.

COUNCIL REFERRALS
There were none.

ADJOURNMENT
Mayor Halliday adjourned the special meeting at 11:38 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 22-429
DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance of the City of Hayward Adding Article 15 to Chapter 3 of the Hayward Municipal Code Relating to the Use of Military Equipment by Law Enforcement

RECOMMENDATION
That the Council adopts the Ordinance introduced at the regular City Council meeting held on June 21, 2022.

SUMMARY
This item entails adoption of an Ordinance approving Miliary Equipment Use Policy, No. 706 (Attachment III), adding Article 15 to Chapter 3 of the Hayward Municipal Code. The Ordinance was introduced on June 21, 2022, by Council Member Zermeño.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
Attachment III Revised Policy
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Clerk
Police Chief
SUBJECT: Adopt an Ordinance of the City of Hayward Adding Article 15 to Chapter 3 of the Hayward Municipal Code Relating to the Use of Military Equipment by Law Enforcement

RECOMMENDATION
That the Council adopts the Ordinance introduced at the regular City Council meeting held on June 21, 2022.

BACKGROUND
The Ordinance adopting Military Equipment Use Policy, No. 706 (Attachment III), was drafted in order to comply with California Assembly Bill 481. The Ordinance was introduced by Council Member Zermeño at the June 21, 2022, regular meeting of the City Council, with the following vote:

AYES: COUNCIL MEMBERS: Andrews, Lamnin, Márquez, Salinas, Wahab, Zermeño
MAYOR Halliday
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The motion included amendments as follow below and these are reflected in the revised Policy (Attachment III):

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1) remove the three items from HPD’s equipment inventory ((6) Model 1088 CS Stingerballs, (9) Model 1090 Stingerballs, and (6) Model 1089 OC Stingerballs); 2) enhance complaint language and mirror existing complaint policy; 3) under Military Equipment Inventory List, consider language that indicates a rifle is a firearm capable of harming or killing an armed subject at various distances; and 4) further clarify the breakdown between authorized use, authorized users, and the purpose for each piece of equipment; and further articulate the minimum uses for the equipment.

The motion also included additional recommendations: 1) during the first year of this requirement, conduct a six-month review of uses and policy implementation and share this with the City Council; prioritize work on the complaint system project identified in the policy innovation workshops; and evaluate having pre-recorded warning messages in different languages when using CS gas during incidents.

Based on the amendments recommended above, HPD made the following changes to Policy 706 and the Military Equipment Inventory in Exhibit A to the Policy (Attachment III):
1) The three items, which HPD recommended be eliminated from the equipment inventory, were removed from HPD Policy 706 – Exhibit A (HPD’s equipment inventory).
2) The following language was added to HPD Policy 706 (sub-section 706.8): “Any member of the community can submit a complaint regarding the use of “military equipment” to any City Council member, the City Manager’s Office, the City Attorney’s Office, the Human Resources Office, via Access Hayward, or to any Hayward Police Department employee. Complaints can be submitted in any form (e.g., in person, telephone, email, etc.).” Additionally, the HPD’s military equipment webpage has been updated to reflect the same.
3) The following language was added to HPD Policy 706 – Exhibit A (HPD’s equipment inventory) under section 6 (Specialized Firearms and Ammunition – Category 10):
“Use of the firearms listed above are governed under HPD Policy 300 (Use of Force), which defines deadly force as that which is likely to cause serious bodily injury or death.” This language is consistent with other relevant HPD policies. 4) The following language was added to HPD Policy 706 – Exhibit A (HPD’s equipment inventory): “The following is a list of “military equipment”, as defined in AB 481, which HPD currently has in its inventory. The equipment items listed below are authorized for use to resolve high-risk and/or critical incidents, including but not limited to the following:
- High-risk offender apprehension
- Barricaded subjects
- Hostage rescue

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- Dignitary protection
- Riot control
- Active shooter response
- In-progress violent crimes
- Response to armed subjects or subjects wearing body armor - Other situations which could result in great bodily injury or death to officers or community members
The use of the equipment items below must be proportionate to each incident officers respond to and the HPD’s Risk Assessment Matrix is designed to assist in such decision making.”
While staff acknowledges the intent of this amendment recommendation, maintaining a responsible balance between transparency and confidentiality when providing detailed individual equipment capabilities, detailed tactical applications, and discussing specific operational details is critical to community and officer safety. The language added attempts to strike this balance.

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

FISCAL IMPACT
There is no fiscal impact associated with this report.

PUBLIC CONTACT
The summary of the Ordinance (Attachment II) was published in the Daily Review c/o Bay Area News Group-East Bay on Friday, July 1, 2022. Adoption, at this time, is therefore appropriate.

NEXT STEPS
The Hayward Municipal Code and other related documents will be updated accordingly.

Prepared and Recommended by: Miriam Lens, City Clerk
Toney Chaplin, Chief of Police
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE CITY COUNCIL

OF THE CITY OF HAYWARD
AN ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA, ADDING ARTICLE 15 TO CHAPTER 3 OF THE HAYWARD MUNICIPAL CODE RELATING TO THE USE OF MILITARY

EQUIPMENT BY LAW ENFORCEMENT
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

SECTION 1. Article 15 is added to Chapter 3 of the City of Hayward Municipal Code of the City of Hayward to read as follows:

ARTICLE 15 – MILITARY EQUIPMENT USE POLICY
SEC. 3-15.00 Title.

SEC. 3-15.10 Definitions.

SEC. 3-15.11 Military Equipment Use Policy Requirement.

SEC. 3-15.12 Use in Exigent Circumstances.

SEC. 3-15.13 Military Equipment Use Reports.

SEC. 3-15.14 City Council Findings.

SEC. 3-15.15 CEQA.

SEC. 3-15.16 Severance.

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

SEC. 3-15.17 Effective Date.

In accordance with the provisions of Section 620 of the City Charter, this ordinance shall become effective 30 days from and after the date of its adoption.

Introduced at a meeting of the City Council of the City of Hayward, held the 21st day of June 2022, by Council Member Zermeño.

This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on July 5, 2022, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.

Dated: July 1, 2022
Miriam Lens, City Clerk
City of Hayward

ATTACHMENT III
1 ATTACHMENT III
2 ATTACHMENT III
3 ATTACHMENT III
4 ATTACHMENT III
5 ATTACHMENT III
6 ATTACHMENT III
7 ATTACHMENT III
8 ATTACHMENT III
9 ATTACHMENT III
10 ATTACHMENT III
11 ATTACHMENT III
12 ATTACHMENT III
13 ATTACHMENT III
14 ATTACHMENT III
15 ATTACHMENT III
16 ATTACHMENT III
17 ATTACHMENT III
18 ATTACHMENT III
19 ATTACHMENT III
20 ATTACHMENT III
21 CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-440
DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance Granting Exclusive Franchise to Waste Management of Alameda County for Solid Waste, Recyclable Materials and Organic Materials Services

RECOMMENDATION
That the Council adopts the Ordinance introduced on June 28, 2022.

SUMMARY
This item entails adoption of an Ordinance granting an exclusive franchise to Waste Management of Alameda County (WMAC), introduced on June 28, 2022, by Council Member Márquez.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Granting Exclusive Franchise to Waste Management of Alameda County for Solid Waste, Recyclable Materials and Organic Materials Services

RECOMMENDATION
That the Council adopts the Ordinance introduced on June 28, 2022.

SUMMARY
This item entails adoption of an Ordinance granting an exclusive franchise to Waste Management of Alameda County (WMAC), introduced on June 28, 2022, by Council Member Márquez.

BACKGROUND
The Ordinance was introduced by Council Member Márquez at the June 8, 2022, meeting of the City Council with the following vote:

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

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

FISCAL IMPACT
There is no fiscal impact associated with this report.

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PUBLIC CONTACT
The summary of the Ordinance was published in the Daily Review c/o Bay Area News GroupEast Bay on Friday, July 1, 2022. Adoption, at this time, is therefore appropriate.

NEXT STEPS
The Hayward Municipal Code and other related documents will be updated accordingly.

Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE CITY COUNCIL

OF THE CITY OF HAYWARD

AN ORDINANCE GRANTING EXCLUSIVE FRANCHISE TO WASTE MANAGEMENT OF

ALAMEDA COUNTY FOR SOLID WASTE, RECYCLABLE MATERIALS AND ORGANIC

MATERIALS SERVICES
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Pursuant to the authority granted under Hayward Municipal Charter Article XV, Franchises, and Hayward Municipal Code Sections 11-1.00 et seq., the City Council hereby grants an exclusive franchise to Waste Management of Alameda County for solid waste, recyclable materials, and organic materials according to the terms and conditions set forth in the “Franchise Agreement for Solid Waste, Recyclable Materials, and Organics Materials Services between the City of Hayward and Waste Management of Alameda County, Inc.”, a copy of which can be reviewed in the City Clerk’s Office.

Section 2. The provisions contained herein describe and constitute all rights and obligations granted under the franchise, and supercede any prior agreements.

Section 3. The effective date of this ordinance shall be 30 days following adoption by the City Council. The franchise granted hereby shall not become effective until written acceptance thereof by Waste Management of Alameda County, Inc., shall have been filed with the City Clerk.

Introduced at a meeting of the City Council of the City of Hayward, held June 28, 2022, by Council Member Márquez.

Dated: July 1, 2022
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 22-397
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Professional Services Agreements with Consolidated Engineering Labs, Signet Testing Labs, and Apex Testing Laboratories in an Amount Not-to-Exceed $200,000 Annually Per Firm for Three Years for On-Call Material Testing and Special Inspection Services

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Consolidated Engineering Labs, Signet Testing Labs, and Apex Testing Laboratories for on-call material testing and special inspection services for three years in an annual amount not-toexceed $200,000 per firm and $300,000 for all three firms, and a total combined not-to-exceed amount of $900,000 for all three contracts.

SUMMARY
The Department of Public Works & Utilities (Department) routinely procures services for required material testing and special inspections on all City-sponsored projects since the City does not have material testing laboratories or personnel to perform this work in-house. Materials testing and special inspections are required on all capital improvement projects to ensure that the materials used meet project specifications.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor & City Council
FROM: Director of Public Works
SUBJECT Adopt A Resolution Authorizing the City Manager to Negotiate and Execute Professional Services Agreements with Consolidated Engineering Labs, Signet Testing Labs, and Apex Testing Laboratories in an Amount Not-toExceed $200,000 Annually Per Firm for Three Years for On-Call Material Testing and Special Inspection Services

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Consolidated Engineering Labs, Signet Testing Labs, and Apex Testing Laboratories for on-call material testing and special inspection services for three years in an annual amount not-to-exceed $200,000 per firm and $300,000 for all three firms, and a total combined not-to-exceed amount of $900,000 for all three contracts.

SUMMARY
The Department of Public Works & Utilities (Department) routinely procures services for required material testing and special inspections on all City-sponsored projects since the City does not have material testing laboratories or personnel to perform this work inhouse. Materials testing and special inspections are required on all capital improvement projects to ensure that the materials used meet project specifications.

BACKGROUND
In July 2016 and March 20191, the Council approved on-call material testing and special inspection agreements with three firms for $200,000 annually, per firm, for a period of three years through Resolutions 16-130 and 19-148, respectively. The current agreements will expire in September 2022.

In April 2022, Request for Proposals (RFP) No. 2219-031722 was released.

DISCUSSION

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The Department’s Construction Inspection team is responsible for overseeing the construction of Capital Improvement Projects (CIP). These projects include all City streets, sidewalks, streetlights and traffic signals, storm drains, sanitary sewers, domestic water, recycled water, the water pollution control facility, airport runways, and City-owned building projects. Material testing and special inspections are required on these projects to ensure that the materials used meet project specifications.

Additionally, these projects often require specialty inspectors to observe some of the inplace materials and workmanship. The City does not have material testing laboratories or personnel to perform this type of work internally. Material testing and specialty inspections will be performed only as required to deliver projects in compliance to codes and specifications. These services will be paid for from CIP budgets.

In response to the RFP, six (6) firms submitted proposals. Staff determined three firms - Consolidated Engineering Labs, Signet Testing Labs, and Apex Testing Laboratories - to be the most qualified for the services needed based on their laboratory credentials and staff experience in providing similar services to other public agencies along with competitive rates.

Staff recommends a PSA with each firm for a not-to-exceed amount of $200,000 annually, for a three-year period, with a total yearly expense not-to-exceed $300,000 or a total three-year expense not-to-exceed $900,000.

ECONOMIC IMPACT
Timely materials testing services for City projects ensures public safety and fosters economic activity. For example, materials testing on public improvement projects, like annual pavement rehabilitation and sidewalk installations, verifies the materials used are compliant with approved specifications and codes for public safety. In addition, special inspection services on buildings, such as inspecting the structural concrete reinforcement in the new Fire Station 6, would ensure the integrity of the building and keep employees, residents, and visitors safe.

FISCAL IMPACT
There will be no impact to the General Fund. The funding for these services, a total of $900,000 over three years, will come from previously approved budgets allocated for material testing and special inspections for projects within the adopted CIP.

STRATEGIC ROADWAY
This is a routine operational item and does not relate to the Council’s strategic initiatives.

SUSTAINABILITY FEATURES
There are no sustainability features associated with this item.

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PUBLIC CONTACT
There is no public contact associated with this item. However, the RFP was made public through the City’s website in April 2022.

NEXT STEPS
If Council approves, the City Manager will execute three individual three-year PSAs with each firm.

Prepared by: Kathy Garcia, Deputy Director of Public Works Jason Whipple, Supervising Construction Inspector
Recommended by: Alex Ameri, Director of Public Works
Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AGREEMENTS WITH CONSOLIDATED ENGINEER LABS, SIGNET TESTING LABS, AND APEX TESTING LABORATORIES IN AN AMOUNT NOTTO-EXCEED $200,000 ANNUALLY PER FIRM FOR THREE YEARS FOR ONCALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES WHEREAS, the Department of Public Works & Utilities routinely procures services for required materials testing and special inspections on all City-sponsored projects; and WHEREAS, procuring these services are necessary to ensure that the materials used meet project specifications; and
WHEREAS, the City does not have the appropriate material testing laboratories or personnel to perform this type of work internally; and
WHEREAS, because the current agreements expire on September 9, 2022, the City released a request for proposal on April 01, 2022; and
WHEREAS, staff reviewed the six (6) submitted proposals and determined the most qualified firms; and
WHEREAS, there is no fiscal impact to the General Fund since funding for these services are allocated within the adopted CIP budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute agreements for on-call materials testing and special inspection services for a term of three years from 2022 to 2025 with each of the firms named below , in a form to be approved by the City Attorney, in the amount not-to-exceed $200,000 per year, for a total not-to-exceed annual amount of $300,000 for all three firms, and a total not-to-exceed amount of $900,000 for all three contracts:

Consolidated Engineering Labs
Signet Testing Labs
Apex Testing Laboratories

ATTACHMENT II

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-410
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Sheriff’s Office for Receipt of FY 2019 Byrne Justice Assistance Grant (JAG) Funds in the Amount of $36,891

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with the Alameda County Sheriff’s Office accepting the FY 2019 Byrne Justice Assistance Grant (JAG) funded by the U.S. Department of Justice (DOJ) in the amount of $36,891.

SUMMARY
The Alameda County Sheriff’s Office applied and qualified for the FY 2019 Byrne JAG funding for Consortium members. The Hayward Police Department is a Consortium member and is eligible for an allocation of grant funds. The total allocation for Alameda County consortium members is $654,144, of which HPD will receive $36,891. These funds require no local match and will be used to support criminal justice-related activities such as training, equipment, supplies, prevention and education programs, mental health programs, and other related law enforcement and corrections programs.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Sheriff’s Office for Receipt of FY 2019 Byrne Justice Assistance Grant (JAG) Funds in the Amount of $36,891

BACKGROUND
The Hayward Police Department (HPD) has participated in the Byrne Justice Assistance Grant (JAG) (Byrne Grant) program since 2005. Historically, HPD has used funds generated from the Byrne Grant for operational items such as funding the HPD training facility and gym at the Hayward Airport and upgrading the Police Department’s security camera system.

In 2017, issues arose surrounding the federal government’s new citizenship and immigration certification requirements related to the Byrne Grant, which certain cities and local governments found to be unlawful. More specifically, on August 7, 2017, the Hayward Police Department was notified by the Alameda County Sheriff’s Office Planning and Research Unit that federal certification requirements must be acknowledged and signed by each city’s “Chief Legal Officer”/City Attorney, certifying compliance with 8 U.S.C. § 1373. Section 1373 addresses several issues related to citizenship and immigration status.

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In August of 2017, California Attorney General, Xavier Becerra, challenged the federal government’s imposition of the unlawful immigration enforcement conditions that were added to federal grants made available to local law enforcement agencies.

On October 5, 2018, in response to the lawsuit filed by Attorney General Becerra, the U.S.

District Court for the Northern District of California ordered the U.S. DOJ to issue $28.3 million in FY 2017 JAG funding and prohibited the U.S. DOJ from enforcing the immigration enforcement requirements the U.S. DOJ had attempted to attach to the FY 2017 JAG funding.

As a result, the City appropriated the FY 2017 Byrne JAG funding.

The U.S. DOJ, again, attempted to include immigration enforcement requirements in the FY 2018 Byrne Grant program, despite the ruling on the previous lawsuit brought by Attorney General Becerra. On March 26, 2019, in response to a second lawsuit filed by Attorney General Becerra, the U.S. District Court for the Northern District of California granted Attorney General Becerra’s request prohibiting the immigration enforcement requirements that U.S. DOJ attempted to add to FY 2018 JAG funding program. As a result, $28.9 million in FY 2018 JAG funding to city and county agencies may be accepted, without requiring the City to agree to immigration enforcement requirements. After receiving this confirmation, the City appropriated the FY 2018 Byrne JAG funding.

On March 30, 2022, the Hayward Police Department was notified by the Alameda County Sheriff's Office that the Department of Justice removed all the award conditions related to the FY 2019 Byrne Grant award and cities may now obligate and expend the award funds. On May 24, 2022, the Alameda County Sheriff’s Office sent the Hayward Police Department a subrecipient agreement that included the amount allocated to the Hayward Police Department for the FY 2019 Byrne Grant funds. The grant funds expire on September 30, 2022, and must be used by that date or they will be forfeited.

DISCUSSION
The Alameda County Sheriff’s Office applied for the FY 2019 Byrne JAG funding on behalf of the remaining Consortium members. Alameda County qualified for a total allocation of $654,144 in FY 2019 Byrne JAG Local funds, of which the Hayward Police Department will receive $36,891. These funds require no local match and allow a wide range of uses by participating Police Departments.

HPD intends to use the funds to support criminal justice-related activities such as training, equipment, supplies, prevention and education programs, mental health programs, and other related law enforcement and corrections programs. Examples of items the funds will be used for include offsite training, animal cruelty education and prevention programs, Hayward Mobile Evaluation Team support, operational expenses for the training facility and gym at the Hayward Airport, additional security cameras, and in-house training equipment. The grant funds expire on September 30, 2022, and must be used by that date or will be forfeited.

STRATEGIC ROADMAP

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

FISCAL IMPACT
There is no impact to the General Fund. This agreement will result in the continuation of the Police Department’s Byrne Grant funding.

NEXT STEPS
With Council approval, the City Manager will execute the Byrne Grant agreement with the Alameda County Sheriff’s Office and the Finance Department will appropriate the $36,891 Byrne grant funds to the Hayward Police Department.

Prepared by: Laura Gomez, Acting Senior Management Analyst Recommended by: Toney Chaplin, Chief of Police
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARDCITY COUNCIL
RESOLUTION NO. 22-_________
Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE ALAMEDA COUNTY SHERIFF’S OFFICE FOR RECEIPT OF THE FY 2019

BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUNDS IN THE AMOUNT OF $36,891.00
WHEREAS, the Hayward Police Department has a long history of receiving Byrne Justice Assistance Grant funds to support police department operations; and, WHEREAS, execution of a subrecipient agreement is necessary to receive these funds; WHEREAS, these funds require no local match and will be used to support criminal justice and community-policing-related activities such as training, equipment, supplies, prevention and education programs, mental health programs, and other related law enforcement and corrections programs;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager, City Attorney, and Chief of Police are hereby authorized and directed to negotiate and execute MOUs, sub-recipient agreements, and any supporting documents, with the Alameda County Sheriff’s Office, for the FY2019 Byrne Justice Assistance Grant. This authorization is for the acceptance and appropriation of revenue in the amount of $36,891.00.

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:

APPROVED AS TO FORM:

ATTEST: ________________________________
City Clerk of the City of Hayward
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 22-415
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Appropriate $640,000 for the SR-92/Whitesell Interchange - Project Initiation Document Project No. 05334 That Council adopts a resolution (Attachment II) appropriating a total of $640,000 for the State Route SR92 (SR-92)/Whitesell Interchange - Project Initiation Document (PID) Project No. 05334.

SUMMARY
The Project proposes to extend Whitesell Street over SR-92 to create a new SR-92/Whitesell diamond interchange and would terminate and intersect at Clawiter Road. Council previously adopted Resolution Nos. 22-097 and 22-098 to receive $440,000 in Measure BB funds, enter into a Project Funding Agreement (PFA) with Alameda County Transportation Commission (ACTC), and a cooperative agreement with Caltrans. This request is to appropriate $440,000 in Measure BB funds, which will be reimbursed by ACTC, and $200,000 of City funds for a total project budget of $640,000.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment IV Location Map
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Appropriate $640,000 for the SR-92/Whitesell Interchange – Project Initiation Document Project No. 05334

RECOMMENDATION
That Council adopts a resolution (Attachment II) appropriating a total of $640,000 for the State Route SR-92 (SR-92)/Whitesell Interchange – Project Initiation Document (PID) Project No. 05334.

BACKGROUND
In July 2018, ACTC approved $440,000 in Measure BB funding to advance the planning and scoping phase of the Project. In April 2022, Council Resolution No. 22-097 authorized the City Manager to execute the Project Funding Agreement (PFA) with ACTC to receive these funds.

Since the project location is on SR-92, which is currently owned and operated by Caltrans, the City and Caltrans had to enter into a cooperative agreement. On April 26, 20221, Council Resolution No. 22-098 authorized the City Manager to execute this cooperative agreement.

DISCUSSION

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This Project will provide a local reliever route between SR-92 and I-880 and would significantly improve access to and from industrial complexes, manufacturing sites, and office parks north and south of SR-92 and west of I-880. It would also relieve congestion on SR-92, I-880, and major arterials in the area. The proposed project (Attachment IV) will improve access and traffic operations with a new four-lane Whitesell overcrossing structure as well as new diagonal on and off ramps that provide adequate left-turn storage at the intersection. Also, the Whitesell overcrossing and extension will provide Class II bike lanes and sidewalks for bicyclists and pedestrians travelling along this local road.

The modified SR-92/Clawiter interchange, which would eliminate the eastbound on and off ramps yet maintain westbound on and off ramps access to and from SR-92, will improve the ramp intersection to implement the City and Caltrans’ complete street policies. The Project would also realign Breakwater Avenue to accommodate the new westbound on and off ramps.

ECONOMIC IMPACT
These interchange improvements and new local road connections support the economic development of industrial complexes and office parks in Hayward’s industrial crescent and improve truck access and circulation to and from SR-92 and I-880. The overall transportation system will be more efficient; thus, reducing travel time while creating positive economic and health benefits and reduction of greenhouse gas emissions.

FISCAL IMPACT
The estimated cost for the Scoping Phase of the SR-92/Whitesell Interchange – PID is $640,000, including the previously authorized $440,000 from Measure BB granted through ACTC and the City’s share of $200,000. Staff is requesting that Council appropriate $440,000 in Measure BB – Local Transportation Fund (Fund 212) and $200,000 in Street Systems Improvement Fund (Fund 450). There is sufficient fund balance in Fund 450 to support this recommendation.

STRATEGIC ROADMAP
This item supports Council’s strategic priorities of Invest in Infrastructure.

SUSTAINABILITY FEATURES
There are no sustainability features associated with this action. However, once completed, the Project will facilitate access to the City’s industrial area and thus help in reduction of greenhouse emissions by relieving traffic congestion.

PUBLIC CONTACT
There is no public contact regarding this item.

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NEXT STEPS
If Council approves this request, the City Manager will appropriate $440,000 in Measure BB – Local Transportation Fund (Fund 212) and $200,000 in Street Systems Improvement Fund (Fund 450) to the SR-92/Whitesell Interchange – PID Project No. 05334.

Prepared by: Manny Grewal, Management Analyst
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING CITY MANAGER TO APPROPRIATE A TOTAL OF $640,000 FOR THE SR-92/WHITESELL INTERCHANGE – PROJECT INITIATION DOCUMENT (PID) PROJECT NO. 05334
WHEREAS, on April 26, 2022, Council authorized entering into a Project Funding Agreement (PFA) with Alameda County Transportation Commission (ACTC) to receive $440,000 in Measure BB funding for the Project through Resolution No. 22-097; and WHEREAS, on April 26, 2022, Council authorized entering into a cooperative agreement with Caltrans for the Project through Resolution No. 22-098; and WHEREAS, the City has available funds in Street Systems Improvement Fund (Fund 450) for the City’s share of $200,000 ; and
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to appropriate $440,000 in Measure BB – Local Transportation (Fund 212) and $200,000 in Street Systems Improvement Fund (Fund 450) for a total project budget of $640,000.

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

PROPOSED IMPROVEMENTS

WHITESELL ST

CLAWITTER RD LEGEND LOCAL ROAD IMPROVEMENTS AT GRADE IMPROVEMENTS PROPOSED BRIDGE N
Conceptual Sketch: R: SR-92 Clawiter Rd. and Whitesell St. Interchange ModificaƟon Figure 2

EXISTING CONDITIONS

ATTACHMENT III
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-416
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addendum No. 1 and Awarding a Contract to GSW Construction, Inc., for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in an Amount of $770,218 with the Addition of $85,000 in Administrative Change Orders and Appropriating Additional Funds in an Amount of $543,675

RECOMMENDATION
That Council adopts a resolution (Attachment II):

1. Approving Addendum No. 1, providing minor revisions to the project specifications; and awarding the construction contract to GSW Construction, Inc., (GSW) for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in an amount of $770,218 with the addition of $85,000 in administrative change orders; and

2. Appropriating additional funds in the amount of $543,675 from Sewer System Improvement Fund (Fund 612).

SUMMARY
The Utilities Division of the Public Works & Utilities Department replaces the City’s undersized or structurally damaged sewer mains through capital improvement projects. These projects reduce the risk of potential sanitary sewer overflows, which can cause untreated wastewater to flow into public waterways. This project will install approximately 165 linear feet of 12-inch sanitary sewer main at a new location to increase pipeline capacity and replace a damaged sewer main between Willimet Way and the Highway 92W/Interstate 880N on-ramp within California Department of Transportation’s (Caltrans) right-of-way (Attachment III). The project also includes installation of approximately 200 linear feet of new 8-inch sanitary sewer pipe and manholes and reversing the flow to drain to the new pipe location in Willimet Way.

On June 1, 2022, two (2) bids were received. The low bid was $770,218 which is $69,782, or approximately 8% below the Engineer’s estimate of $840,000. Staff is requesting Council’s approval of CITY OF HAYWARD Page 1 of 2 Printed on 7/1/2022
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File #: CONS 22-416
Addendum No. 1, which provided minor revisions to clarify the specifications, and awarding the contract to the lowest bidder, GSW, in the amount not-to-exceed $855,218, including Administrative Change Orders. Furthermore, staff is requesting appropriation of additional funds in the amount of $543,675 from the Sewer System Improvement Fund (Fund 612).

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. Additionally, the Community Workforce Agreement (CWA) requirements do not apply to this project since the project construction cost is less than $1,000,000.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Page 2 of 2 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Approving Addendum No. 1 and Awarding a Contract to GSW Construction, Inc., for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in an Amount of $770,218 with the Addition of $85,000 in Administrative Change Orders and Appropriating Additional Funds in an Amount of $543,675

RECOMMENDATION
That Council adopts a resolution (Attachment II):

2. Appropriating additional funds in the amount of $543,675 from Sewer System Improvement Fund (Fund 612).

SUMMARY
The Utilities Division of the Public Works & Utilities Department replaces the City’s undersized or structurally damaged sewer mains through capital improvement projects.

These projects reduce the risk of potential sanitary sewer overflows, which can cause untreated wastewater to flow into public waterways. This project will install approximately 165 linear feet of 12-inch sanitary sewer main at a new location to increase pipeline capacity and replace a damaged sewer main between Willimet Way and the Highway 92W/Interstate 880N on-ramp within California Department of Transportation’s (Caltrans) right-of-way (Attachment III). The project also includes installation of approximately 200 linear feet of new 8-inch sanitary sewer pipe and manholes and reversing the flow to drain to the new pipe location in Willimet Way.

On June 1, 2022, two (2) bids were received. The low bid was $770,218 which is $69,782, or approximately 8% below the Engineer’s estimate of $840,000. Staff is requesting Council’s approval of Addendum No. 1, which provided minor revisions to clarify the specifications, and awarding the contract to the lowest bidder, GSW, in the amount not-toexceed $855,218, including Administrative Change Orders. Furthermore, staff is requesting appropriation of additional funds in the amount of $543,675 from the Sewer System Improvement Fund (Fund 612).

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BACKGROUND
The existing sanitary sewer main located between two residential properties from Willimet Way to the Highway 92W/Interstate 880N on-ramp was selected for improvement based on staff analysis of the video inspection results. The video recording indicates an offset at a pipe joint causing a significant reduction in the pipeline’s design capacity and a risk of sewer overflow on Willimet Way. In addition, the existing defective 8-inch sanitary sewer main goes through a stormwater inlet, which puts the stormwater system at risk of contamination. Due to the location of the offset and a casing around the sewer pipe in Caltrans’ right-of-way, repair on the existing sewer main is not recommended. Therefore, a new 12-inch sanitary sewer main is proposed to be installed at a new location between two residential properties.

Field investigations with precise survey work showed that the spacing is approximately 14 inches between the piles in a favorable location for the proposed 12-inch sewer pipe within the City’s easement and connection to the existing sewer manhole on the side of the highway on-ramp. Staff obtained approval and an encroachment permit from Caltrans for the proposed design of the new sewer pipe.

As shown in Attachment III, approximately 165 linear feet of new 12-inch polyvinyl chloride pipe will be installed in the City’s sewer easement in residential properties and Caltrans’ right-of-way between Willimet Way and the Highway 92W/Interstate 880N onramp.

Of the 165 linear feet of new sanitary sewer pipe, approximately 125 linear feet of sewer main will be installed by a trenchless pipe technique using pilot tube guided auger boring (PTGAB) to cross under obstructions that prohibit open-cut installation. The remaining 40 linear feet at the highway on-ramp will be installed by traditional open-cut method. In addition, approximately 200 linear feet of new 8-inch sanitary sewer pipe and manholes will be installed and the sewer flows will be reversed to drain to the new pipe location in Willimet Way.

DISCUSSION
On May 3, 20221, Council approved the plans and specifications for the project and called for bids to be received on May 24, 2022. Addendum No. 1 postponed the bid opening to June 1, 2022, to provide prospective bidders with more time to carefully review the bid documents and the project’s design constraints.

On June 1, 2022, the City received two (2) bids for the project, one for $770,218 and another for $1,045,400. GSW submitted the low bid in the amount of $770,218, which is

1https://hayward.legistar.com/LegislationDetail.aspx?ID=5636899&GUID=AF56B4C0-A037-4305-B53C-4AF7634D0512&Options=&Search=

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approximately 8% below the Engineer’s estimate of $840,000. The average of the two (2) bids received was $907,809, which is approximately 8% above the Engineer’s estimate. An additional $85,000 (or 11% of the contract amount) is included for administrative change orders in the event additional funds are needed for unforeseen conditions and changes during construction.

ECONOMIC IMPACT
The community will enjoy the benefits of the project, including the continued operability and serviceability of the sewer collection system. Furthermore, robust and reliable sewer infrastructure can help foster economic development and viability in the City.

Replacing the sewer main and appurtenances are part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. The project will reduce operations and maintenance costs associated with servicing the undersized and structurally defective sewer mains. In addition, staff time attending to issues related to high frequency maintenance and sanitary sewer overflows will be reduced.

FISCAL IMPACT
The estimated costs for the Willimet Way and I-880 Sanitary Sewer Main Installation Project are as follows:

Construction Contract $770,218
Administrative Change Orders (Contingency) 85,000
Professional Engineering Services – Consultant $154,300 Inspection & Testing & Permitting $40,000
Construction Administration – City Staff $40,000
Total $1,089,518
Appropriation of Additional Funds
In 2020, the City entered in a Professional Services Agreement with RSC Engineering, Inc., (RSC), of which $154,300 is for sewer design services and technical support during construction. To date, approximately $56,550 of RSC’s contract remains. The adopted FY22 Capital Improvement Program includes $604,994 for the Willimet Way and I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in the Sewer System Improvement Fund (Fund 612).

As of June 2022, $391,544 remains available for construction, inspection, and administration.

As shown above, the current total estimated cost to construct the project exceeds the available funds. The original estimate was based on preliminary conceptual design. These costs are typically developed when project definition is at the planning stage. Expected accuracy for a planning stage estimate typically ranges from 50% below or above the actual cost. Furthermore, due to the recent COVID-19 pandemic related global supply chain disruptions and constraints encountered during design and field investigations, the current estimated project cost is approximately 80% higher than anticipated. Staff requests that Council appropriate additional funds in the amount of $543,675 from the fund balance of

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Sewer System Improvement Fund (Fund 612) to fully fund the project. Adequate fund balance is available to cover the necessary appropriations.

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

Project N20: Upgrade sewer collection system by replacing 3-4 miles of sewer lines annually.

SUSTAINABILITY FEATURES
The repair and replacement of deteriorating sewer lines reduces the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways.

PUBLIC CONTACT
Staff has been in contact with the three property owners on Willimet Way that would be directly affected by the project. During construction, notices will be provided to other affected residents and property owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information.

NEXT STEPS
The following schedule has been developed for this project:

Award of Construction Contract July 5, 2022
Notice to Proceed August 2022
Construction Completion December 2022
Prepared by: Saeed Saebi, Associate Civil Engineer
Reviewed by: Tay Nguyen, Senior Utilities Engineer
Recommended by: Alex Ameri, Director of PublicWorks
Approved by:
________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member
RESOLUTION APPROVING ADDENDUM NO. 1, AWARDING A CONTRACT TO GSW CONSTRUCTION, INC., FOR THE WILLIMET WAY & I-880 SANITARY SEWER MAIN INSTALLATION PROJECT, PROJECT NO. 07717, IN AN AMOUNT OF $770,218 IN ADDITION TO $85,000 IN ADMINISTRATIVE CHANGE

ORDERS, AND APPROPRIATING ADDITIONAL FUNDS IN AN AMOUNT OF $543,675
WHEREAS, by Resolution No. 22-112 on May 3, 2022, the City Council approved the plans and specifications for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, and called for bids to be received on May 24, 2022; and WHEREAS, Addendum No. 1 was issued to make minor revisions to the specifications and postpone bid opening date to June 1, 2022; and
WHEREAS, on June 1, 2022, two (2) bids were received, one for $770,218 and another for $1,045,400. The low bid, submitted by GSW Construction, Inc., is approximately 8% below the engineer’s estimate of $840,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward that Addendum No. 1 is hereby approved and adopted as part of the plans and specifications for the project; and
BE IT FURTHER RESOLVED that GSW Construction, Inc., of San Francisco, CA, is hereby awarded the contract for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute an agreement with GSW Construction, Inc., on behalf of the City of Hayward, in an amount of $770,218 in addition to $85,000 in administrative change orders in a form to be approved by the City Attorney; and
BE IT FURTHER RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to appropriate an additional $543,675 from Sewer Improvement Fund (Fund 612) for the Willimet Way & I-880 Sanitary Sewer Main Installation Project, Project No. 07717.

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
24986
24985
24977

ATTACHMENT III
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-418
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2023 for Old Highlands Area Road Improvement Assessment District \RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving the Final Engineer's Report (Attachment III) and ordering the levy of Assessments for Fiscal Year 2023 for Old Highlands Area Road Improvement Assessment District.

SUMMARY
The Old Highlands Area Road Improvement Assessment District was formed in 2021 to fund a pavement improvement project of the 6.12 miles of streets in this area, which were not brought up to City standards upon annexation in 1963. In each subsequent year for which the assessments will be continued, Council must approve an updated Engineer’s Report for the upcoming fiscal year. The Engineer’s Report includes a budget for the upcoming fiscal year’s costs and services and an updated assessment roll listing all parcels and their proposed assessments for the upcoming fiscal year.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Final Engineer’s Report
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
powered by Legistar™

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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of PublicWorks
SUBJECT: Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2023 for Old Highlands Area Road Improvement Assessment District

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) approving the Final Engineer's Report (Attachment III) and ordering the levy of Assessments for Fiscal Year 2023 for Old Highlands Area Road Improvement Assessment District.

BACKGROUND AND DISCUSSION
The Old Highland area was annexed to the City in 1963 and at that time, the 6.12 miles of streets within the Old Highland area were not brought up to City standards upon annexation and have not been maintained. In December of 2020, the City developed a proposed assessment district and imposition of special assessments against the properties in the Old Highlands area to fund a pavement improvement project in the area, pursuant to Streets and Highways Code Sec. 1160 et. seq., and Prop. 218 (California Constitution Article XIIIC and XIIID; Government Code section 53753).

This assessment district, the “Old Highlands Area Road Improvement Assessment District ," was authorized by an assessment ballot proceeding conducted during December 2020 through February 2021. On February 2, 2021, the balloting period was closed and since a weighted majority (78.55%) of ballots returned were in support of the proposed assessment, the Council approved and levied the assessments for the first time with the adoption of Resolution No. 21-020. The assessments are to expire after 20 years. The

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assessment was first levied starting with the 2022 fiscal year and cease to be levied after the 2041 fiscal year, unless renewed and extended by Proposition 218-compliant balloting.

In order to continue to levy the assessment for FY23, SCI Consulting Group, the assessment engineer, has prepared a Final Engineer’s Report (Attachment III). This Engineer’s Report, which establishes the estimated costs for the pavement rehabilitation project that will be funded by the assessments for FY23 and determines the special benefits and general benefits received from the services and to apportion the assessments to lots and parcels within the District based on the estimated special benefit each parcel receives from the services funded by the assessments, was completed and filed with the City on May 26, 2022. The total estimated amount of revenues that would be generated by the assessments in FY23 is approximately $181,496. The assessment rate is $665.50 per year per developed single-family residential parcel, with different rates for different uses, as described and supported in the Engineer’s Report.

ECONOMIC IMPACT
This item has no direct economic impact to the City. However, the project supports the pavement improvement program, which provides safer streets for all residents and visitors and has a positive impact on property values, including on vacant properties.

FISCAL IMPACT
This item has no direct fiscal impact on the City’s General Fund. However, the levying and collection of taxes supports the pavement improvement program through a cost-sharing agreement.

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

Project N5: Maintain and improve pavement
Part N5a: Maintain Pavement Condition Index (PCI) at 70.

Part N5b: Prepare OHHA pavement improvement program design and financing structure.

Part N5c: Construct various OHHA pavement improvements

SUSTAINABILITY FEATURES
This item has no anticipated sustainability features. However, the pavement improvement project that is supported through the levying of taxes requires all contractors to recycle all construction and demolition debris as a result of the project, providing for a greener way of construction.

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PUBLIC CONTACT
The City fulfilled the public contact requirement through the Prop. 218 hearing in December 2020 and balloted in February 2021. Pursuant to the requirements of Prop. 218, all property owners within the District received information regarding the yearly and total assessment for each parcel and for the District as a whole during that process. Pursuant to Government Code Section 53753.5, the notice, protest/ballot, and public hearing requirements of Prop. 218 do not apply in subsequent fiscal years after creation of an assessment district if there is no increase in the amount of the assessment beyond what was previously adopted by the local agency. Since the FY 23 assessments do not exceed the maximum assessment levels previously approved by the City Council during the formation of the Assessment District, no special noticing or public hearing is required for this item.

NEXT STEPS
If Council adopts the attached resolution, the final assessment roll will be prepared and filed with the Alameda County Auditor’s office to be included on the FY23 tax roll. All funds collected through the assessment will be placed in a special fund and can only be used for the purposes stated within this report.

Prepared by: Manny Grewal, Management Analyst
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.____________
Introduced by Council Member
A RESOLUTION APPROVING THE FINAL ENGINEER’S REPORT AND
ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2023 FOR THE

OLD HIGHLANDS AREA ROAD IMPROVEMENT ASSESSMENT DISTRICT WHEREAS, on February 2, 2021, by Resolution No. 21-020, the City Council of the City of Hayward (the “Council”) authorized the levy of assessments for the Old Highlands Area Road Improvement Assessment District (the "Assessment") pursuant to the provisions of California Streets and Highways Code §§ 1160 – 1197 and 1813, known as the Permanent Road Division Law; and
WHEREAS, the purpose of the special assessments against the properties in the Old Highlands area to fund a pavement rehabilitation project in the area, an area map of which is attached to the staff report for this item and incorporated herein; and WHEREAS, the Council is authorized, pursuant to the authority provided in California Streets and Highways Code §§ 1160 – 1197 and 1813 and Article XIIID of the California Constitution, to levy assessments to finance construction, improvement, and maintenance of the public roadways within the proposed district; and
WHEREAS, the Assessment was authorized by an assessment ballot proceeding conducted in 2021 and approved by 78.55% of the weighted ballots returned by property owners, and such assessments were levied by the Council by Resolution No. 21-020 passed on February 2, 2021; and
WHEREAS, pursuant to Government Code section 53753.5, the notice, protest/ballot, and public hearing requirements of Prop. 218 do not apply in subsequent fiscal years after creation of an assessment district if there is no increase in the amount of the assessment beyond what was previously adopted by the local agency; and WHEREAS, the Fiscal Year 2023 assessments do not exceed the maximum assessment levels previously approved by the City Council during the formation of the Assessment District.

ATTACHMENT II

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

1. The above recitals are true and correct.

2. Confirmation of Final Engineer’s Report. SCI Consulting Group, the Engineer of Work, has prepared an Engineer’s Report in accordance with Article XIIID of the California Constitution and Government Code section 53750, 54710 et seq. (the "Report"). The Report has been made, filed with the City Clerk, and duly considered by the Council and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer's Report for all subsequent proceedings under and pursuant to the foregoing resolution and incorporated herein by reference, including, but not limited to, the following:

A. The description of the Services to be funded with Assessment proceeds; B. The estimate of the annual cost of such Services;
C. The description of the assessable parcels of land within the District and subject to the new Assessment;
D. The description of the proportionate special and general benefits conferred on property by the proposed Assessment;
E. The description of the boundaries of the Assessment District; F. The number of acres contained within the Assessment District and the assessed valuation of such acreage according to the last equalized assessment roll of the County;
G. The value of improvements on real estate and personal property within the Assessment District according to the last equalized assessment roll of the County;
H. The number of inhabitants in the Assessment District, as nearly as can be ascertained; and
I. The specification of the amount to be assessed upon various types of assessable land to fund the cost of the Services.

ATTACHMENT II

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3. Findings of Special Benefit. Based on the oral and documentary evidence offered and received, including the Preliminary Engineer's Report, the City Council expressly finds and determines:

A. That each of the parcels in the Assessment District will be specially benefitted by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the parcel; and
B. That there is substantial evidence to support this finding and determination as to special benefit; and
C. That no assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

4. Maximum Assessment Rate. The public interest, convenience, and necessity require that a levy on each lot of parcels in the Assessment District be no more than the SIX HUNDRED AND SIXTY-FIVE DOLLARS AND FIFTY CENTS ($665.50) per single family home and other rates for other property uses and attributes as described in the Report.

5. Levy of Assessments. The adoption of this Resolution constitutes the levy of the Assessments for Fiscal Year 2023 at the rates and upon the parcels described in this Resolution, in the Final Engineer’s Report including the Assessment Roll, all incorporated herein by reference. The City of Hayward Director of Finance is hereby authorized and directed to order the collection of the Assessments stated herein.

6. Duration of Assessment. The assessments are to expire after 20 years. The assessment was first levied starting with the 2022 fiscal year and cease to be levied after the 2041 fiscal year, unless renewed and extended by Proposition 218-compliant balloting.

7. Immediately upon the adoption of this Resolution, the City Clerk shall file a certified copy of this Resolution, and Engineer’s Report with the Treasurer-Tax Collector of the County of Alameda. The Assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due to the county of collection, shall be paid to the City of Hayward and received by the Director of Finance.

ATTACHMENT II

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8. Upon receipt of monies representing assessments collected by the County, the Director of Finance of the City of Hayward shall deposit the monies in the City Treasury to the credit of the Assessment District. Monies deposited to the credit of the Assessment District shall be expended only for the services and improvements set forth in the Final Engineer’s Report, which is incorporated by reference herein.

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
Fiscal Year 2023 ENGINEER’S REPORT
City of Hayward
Old Highlands Area Road Improvement District
July 2022
Final Engineer’s Report

ATTACHMENT III
Cty of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023
Page i
Table of Contents
Introduction............................................................................................................... 1 Overview....................................................................................................................................1 Legislative Analysis....................................................................................................................2 Engineer’s Report and Continuation of Assessment.................................................................5 Description of the Assessment District........................................................................ 7 Improvements and Services within the Assessment District: ...................................................7 Estimate of Cost....................................................................................................... 10 Introduction.............................................................................................................................10 Estimate of Costs.....................................................................................................................10 Method of Apportionment....................................................................................... 12 Method of Apportionment......................................................................................................12 Discussion of Benefit Factors ..................................................................................................12 Special Benefits from Road Improvements to Old Highlands.................................................13 General versus Special Benefit................................................................................................13 Calculating General Benefit.....................................................................................................14 Benefit Zones Not Required within Old Highlands..................................................................16 Method of Assessment............................................................................................................16 Approach .................................................................................................................................17 Duration of Assessment ..........................................................................................................19 Annual Cost Indexing...............................................................................................................19 Certificate ................................................................................................................ 20 Assessment Diagram ................................................................................................ 21 Appendix A - Assessment Roll................................................................................... 23 Cty of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023
Page ii
List of Tables
Table 1 – Description of Improvements .......................................................................................... 8 Table 2 – Estimate of Cost ............................................................................................................. 11 Table 3 – Relative Special Benefit based upon Average Daily Car Trips........................................ 17 Cty of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023
Page iii
List of Figures
Figure 1 –Typical Road Cross Section............................................................................................... 8 City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Introduction
Overview
The City of Hayward (“City”) established the Old Highlands Area Road Improvement Assessment District (the “Assessment District,” or “assessment”) to improve street pavement within the Old Highlands area. This Assessment District provides funding for the improvements, including repaving the streets in this area. The City has agreed to provide 50% of the project funding for this project and to work closely with the local property owners to maintain the existing character of the roads while repaving them.

The area known as the Old Highlands area (and also known as “OHHA” in reference to the Old Highlands Homeowners Association, which is an active HOA in the area) is located in the Hayward hills just east of the California State University East Bay campus and was annexed into the City in 1963.

In 1967, sewer and water improvements were made through an assessment district that was approved by property owners. However, the streets in this area, which were in poor condition even then, were not brought up to City standards upon annexation. In 1972, a second assessment district for street improvements was halted by a property owner lawsuit claiming that the cost of improvements was too high.

Since then, there have been numerous discussions between the City and OHHA, most recently in 2008-2010 when the OHHA board proposed an assessment district to reconstruct and improve the streets. At the time, the City offered a $2 million capital funding allocation to help reduce each property owner’s annual assessment over the thirty-year term of the proposed bonds.

Regardless, the proposed assessment district was overwhelmingly rejected by affected property owners within the Old Highlands area. Since rejection of the proposed 2010 assessment district, all significant street repair efforts in the Old Highlands area have remained on hold, with the exception of emergency repairs by the City estimated at $270,000.

The Assessment District contains 299 parcels, most of which are used as single-family residential properties, and there are also some vacant, multi-family and government uses. The assessments for this Assessment District will be used to improve certain road facilities and will be levied annually for 20 years beginning in FY 2022. The assessment rate is $665.50 per year per developed single-family residential parcel, with different rates for different uses, as described and supported in this report, based upon the underlying following analysis.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

Page 2 ends

The Assessment District contains approximately 124.77 acres of privately and publicly owned parcels as well as approximately 6.2 acres of roadway. Based upon the last equalized assessment roll of the county, the total assessed land value of the parcels within the Assessment District is $51,958,296 and the total assessed value of the improvements and personal property within the proposed Assessment District is $96,854,059. There are approximately 536 inhabitants living in the proposed Assessment District.

Legislative Analysis
Proposition 218
This assessment is formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996, and is now codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services, improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

Proposition 218 describes a number of important requirements, including property-owner balloting, for the imposition, increase and extension of assessments, and these requirements are satisfied by the process used to establish this assessment.

Permanent Road Division Law
This assessment is formed consistent with Article 3. By Permanent Road Divisions [1160 - 1197], also known as the Permanent Road Division Law, which is in Chapter 2 of Division 4 of the California Streets and Highways Code. This code section explicitly supports the generation of funding for the “construction, improvement, or maintenance” of roads.

For clarification, Section 1813 of the California Streets and Highways Code indicates that “the provisions of Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 for the construction or maintenance of county roads may be utilized within any city for the construction and maintenance of city streets”.

Also, the funding for the road improvements are generated as an assessment, not a tax, per Section 1179.5 of the California Streets and Highways Code, which stipulates that “In lieu of, or in addition to, any special tax levied pursuant to Section 1178, the board [City Council] may fix and collect parcel charges for any permanent road division pursuant to the assessment ballot procedures in Section 53753 of the Government Code”.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority
In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA vs. SCCOSA”). This ruling is the most significant legal document in further legally clarifying Proposition 218. Several of the most important elements of the ruling included further emphasis that:
• Benefit assessments are for special, not general, benefit • The services and/or improvements funded by assessments must be clearly defined • Special benefits are directly received by and provide a direct advantage to property in the Assessment District
This Engineer’s Report and the assessments are consistent with the SVTA vs. SCCOSA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:

1. The assessment revenue derived from real property in the Assessment District is extended only forspecifically identified improvements and/or maintenance and servicing of those improvements in the Assessment District that confer special benefits to property in that Assessment District.

2. The use of the Assessment District ensures that the improvements constructed and maintained with assessment proceeds are located in close proximity to the real property subject to the assessment, and that such Improvements provide a direct advantage to the property in the Assessment District.

3. Due to their proximity to the assessed parcels, the improvements and maintenance thereof financed with assessment revenues in the Assessment District benefit the properties in the Assessment District in a manner different in kind from the benefit that other parcels of real property in the City derive from such improvements, and the benefits conferred on such property in Assessment District are more extensive and direct than a general increase in property values.

4. The assessments paid in the Assessment District are proportional to the special benefit that each parcel within the Assessment District receives from such improvements and the maintenance thereof because of the following:
a. The Engineer’s Report specifically identifies the permanent public improvements that the assessments will finance;
b. The costs of such improvements are estimated and calculated; and City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

Page 4 ends

c. Such improvement and maintenance costs in the Assessment District are allocated to each property within the Assessment District based upon the estimated special benefits received from the improvements.

Dahms v. Downtown Pomona Property
On June 8, 2009, the 4th District Court of Appeals amended its original opinion upholding a benefit assessment for property in the downtown area of the City of Pomona. On July 22, 2009, the California Supreme Court denied review. Hence Dahms is good law and binding precedent for assessments. In Dahms the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon
On December 31, 2009, the 1st District Court of Appeals overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub-areas of the assessment district instead of proportional special benefits.

Beutz v. County of Riverside
On May 26, 2010 the 4th District Court of Appeals issued a decision on the Steven Beutz v. County of Riverside (“Beutz”) appeal. This decision overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified, and separated from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the San Diego Court of Appeals issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified, and separated from the special benefits. Second, the court found that the City of San Diego had failed to record the basis for the assessment on its own parcels.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

Page 5 ends

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of Article XIIIC and XIIID of the California Constitution and with the SVTA decision because the improvements to be funded are clearly defined; the improvements are directly available to and will directly benefit property in the Assessment District; and the improvements provide a direct advantage to property in the Assessment District that would not be received in absence of the assessments.

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the improvements will directly benefit property in the Assessment District and the general benefits have been explicitly calculated and quantified and excluded from the assessments. The Engineer’s Report is consistent with Bonander because the assessments have been apportioned based on the overall cost of the improvements and proportional special benefit to each property.

Engineer’s Report and Continuation of Assessment
In order to allow property owners to ultimately decide whether funding should be provided to improve street pavement within the Old Highlands area, the City on October 10th, 2020, authorized the initiation of proceedings for a proposed benefit assessment to provide local funding for the improvements, including repaving the streets in this area. The proposed assessment was named the Old Highlands Area Road Improvement Assessment District (the “Assessment District”). In December 2020 through February of 2021, the District conducted an assessment ballot proceeding pursuant to the requirements of Article XIIID of the California Constitution ("The Taxpayer's Right to Vote on Taxes Act") and the Government Code. During this ballot proceeding, owners of property in the Assessment District were provided with a notice and ballot for the proposed special assessment. A 45-day period was provided for balloting and a public hearing was conducted on February 2, 2021.

It was determined after the conclusion of the public hearing that 78.55% of the weighted ballots returned were in support of the assessment. Since the assessment ballots submitted in opposition to the proposed assessments did not exceed the assessment ballots submitted in favor of the assessments (with each ballot weighted by the proportional financial obligation of the property for which ballot was submitted), the City gained the authority to approve the levy of the assessments for fiscal year 2022 and to continue to levy them in future years. The City Council took action, by Resolution No. 21-020 passed on February 2, 2021, to approve the levy of the assessments for the first time for fiscal year 2022.

In each subsequent year for which the assessments will be continued, the City Council must approve an updated Engineer’s Report for the upcoming fiscal year. The Engineer’s Report should include a budget for the upcoming fiscal year’s costs and services and an updated assessment roll listing all parcels and their proposed assessments for the upcoming fiscal year.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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This Engineer’s Report ("Report") was prepared by SCI Consulting Group (SCI) to establish the estimated costs for the pavement rehabilitation project that will be funded by the assessments, to determine the special benefits and general benefits received from the services and to apportion the assessments to lots and parcels within the District based on the estimated special benefit each parcel receives from the services funded by the benefit assessment.

If the City Council approves this Engineer's Report and the continuation of the assessments it establishes for fiscal year 2023, the assessments would be submitted to the County Auditor for inclusion on the property tax rolls for fiscal year 2023.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Description of the Assessment District
Improvements and Services within the Assessment District:

Background
The existing roads within the Old Highlands area were built consistent with County standards at the time they were built. Property ownersin the City are typically required to upgrade all facilities to City standards, including City streets, sanitary sewers, water lines and so on. Annexation of the Old Highlands area into the City of Hayward occurred in 1963, and in 1967, sewer and water improvements were made through an assessment district that was approved by property owners.

However, the roads were not brought up to City standards and have remained sub-standard and poorly maintained ever since.

Recent conversations between City staff and local property owners have resulted in several roadway infrastructure goals and considerations listed below:
 A more rural type of street cross-section, narrow street widths, with or without onstreet parking is desired.  The roadway improvements will not include curb and gutter, rolled curbs, storm drain inlets, street lighting or sidewalks.
 The roads require full depth reconstruction in most places.  The roadway improvements are intended to include pavement reconstruction only.

Very minor improvements to eliminate roadway water ponding may also be included.  The roadway improvements will follow the existing roadway footprint. The intent is to construct a 20-foot wide one-way street and a 24-foot wide two-way street, unless existing obstructions prevent this from being implemented. In the case of obstructions, the roadway will be narrowed.
 The City will only improve roadways that are 100% public right-of-way. The City’s surveyor will identify street sections that are currently private property. The City’s surveyor will create a plat/legal description for these roadway segments. The City will prepare all documents that are necessary to complete the dedication of private right-ofway to the City.  The OHHA Board is responsible for all communications with property owners necessary to support the financing mechanism and to dedicate private street areas for public rightof-way.  The roads do not qualify for preventive maintenance as they are in very poor condition and require more extensive rehabilitation or reconstruction in order to realize a longer lasting improvement.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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The improvements for the Assessment District will include roadway reconstruction and repaving as described in Table 1, below:

Table 1 – Description of Improvements
Item Street Name From To Approx Area Unit
1 Call Avenue Tribune Ave Chronicle Way 17,656 SF
2 Campus View Grand View Way New Dobbel Ave 21,178 SF
3 Chronicle Avenue Parkside Drive End 40,823 SF
4 Cotati Avenue Grand View Ave Civic Ave 10,018 SF
5 Grand View Avenue Campus View Way End 42,551 SF
6 Hillcrest Avenue Parkside Drive End 35,726 SF
7 Home Avenue Parkside Drive Hillcrest Ave 16,844 SF
8 New Dobbel Avenue Campus View Way Civic Avenue 16,537 SF 9 Parkside Drive Hayward Blvd Hayward Blvd 100,177 SF
10 Tribune Avenue Old Hayward Parkside Drive 31,870 SF
A typical cross section is shown in Figure 1 below:

Figure 1 –Typical Road Cross Section
City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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The work and improvements to be funded from the Assessment District and the cost thereof paid from the levy of the annual assessment provide special benefit to Assessor Parcels within the Assessment District as defined in the Method of Assessment herein.

The improvements include all necessary service, operations, administration, and maintenance required to keep the above-mentioned improvements in a safe, clean, and reliable condition. “Incidental expenses” may include any of the following: (a) The costs of preparation of the Engineer’s Report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance of the Improvements; (f) any expenses incidental to the issuance of bonds or; (g) costs associated with any elections held for the approval of a new or increased assessment; and (h) any administrative costs including general administration and insurance.

The assessment proceeds will be exclusively used for improvements serving the Assessment District plus incidental expenses. The following section of this Report specifically identifies the improvements to be funded by the assessment proceeds and to the plans and specifications, including specific expenditure and improvement plans, which are on file with the City.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Estimate of Cost
Introduction
Improvements funded by the assessments will be used to enhance the roads within Assessment District over and above the existing conditions. The formula below describes the relationship between the final level of improvements, the existing baseline level of improvements, and the level of improvements for the road facilities funded by the assessments.

The Assessment District boundaries have been narrowly drawn to include properties, within the Old Highlands area, that have good proximity and access to the improvements.

Estimate of Costs
Table 2, below, shows the estimate of the cost of the improvements that would be funded by the Assessment District. Roadway funding considerations have been agreed upon between the City and the property owners, and include:
 City will provide the initial funding for improvements from the Capital Improvement Program over a period of five to six years. The City will improve one or two streets each year. The OHHA Board will set construction priorities.
 Assessment District property owners will reimburse the City for 50% of the project costs over 20 years with 2% interest.
 All existing deferred improvement agreements will be voided upon Assessment District property owners’ approval of a financing mechanism.
 The City will not begin any work, except development of an Engineer’s Report for the proposed financing mechanism, until financing is approved by the Assessment District property owners. This Engineer’s Report will include a rough estimate of anticipated costs only with appropriate contingencies.

Final Level of
Improvements = Baseline Level of Improvements + Enhanced Level of Improvements City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Table 2 – Estimate of Cost
Notes to Estimate of Cost:

1. Annual “Road Reconstruction” cost of $325,215 is calculated from total project costs of $6,504,300 divided by 20 years (6,504,330/20 = 325,215).

2. The City will contribute 50% of the project costs. The Assessment District is responsible for the other 50% of project costs plus the costs of financing its portion at 2% over 20 years. The annual 2% interest burden of $34,818 is the difference between the annual repayment costs at $197,425 with 2% interest and the annual repayment costs of $162,608 with 0% interest.

3. As determined in the following section, at least 18.0% of the cost of road-related improvements must be funded from sources other than the assessments to cover any general benefits. Therefore, out of the total cost of improvements of $325,215, the City must contribute at least $58,538 from sources other than the assessments. The City’s contribution of $162,608 satisfies this requirement. Refer to the calculations and description in the following section “Method of Apportionment,” below.

4. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the Assessment District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report.

Total
Budget
Beginnning Fund Balance (July 1, 2021) $0
Installation, Maintenance & Servicing Costs
Road Repaving $325,215
Total for Installation, Maintenance and Servicing (a) $325,215 Less:

Contributions from City of Hayward towards Project Costs(50%) (b) ($162,608) Contributions from City of Hayward towards annual adminstration (c) ($15,929) Plus Annual Interest Burden at 2% to City (d) $34,818
Total Road Maintenance Assessment District Budget (a+b+c+d) $181,496 (Net Amount to be Assessed)
Budget Allocation to Property
Total Assessment Budget (e) $181,496
Assessment Contribution
Number of Single Family Equivalent benefit units (f) 272.72 Assessment per Equivalent Dwelling Unit in Zone (e/f) $665.50 Old Highlands Area Road Improvement Assessment District Budget Fiscal Year 2023
City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Method of Apportionment
Method of Apportionment
This section of the Engineer’s Report includes an explanation of the special and general benefits derived from the improvements to the Old Highlands Area Road Improvement Assessment District, and the methodology used to apportion the total assessment to properties within the Assessment District.

The method used for apportioning the assessment is based upon the proportional special benefits conferred to the properties over and above the general benefits conferred to real property in the Assessment District or to the public at large. Special benefit is calculated for each parcel in the Assessment District using the following process:

1. Identification of all benefit factors derived from the improvements

2. Calculation of the portion of these benefits that are general

3. Determination of the relative special benefit within different areas within the Assessment District

4. Determination of the relative special benefit per property type

5. Calculation of the specific assessment for each individual parcel based upon special vs. general benefit; location, property type, property characteristics and other supporting attributes
Discussion of Benefit Factors
Assessments can only be levied based on the special benefit to property. This special benefit is received by property over and above any general benefits. Any and all general benefit must be funded from another source. Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." Since assessments are levied on the basis of special benefit, they are not a tax and are not governed by Article XIIIA of the California Constitution.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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The SVTA v. SCCOSA decision clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits.

Finally, Proposition 218 twice uses the phrase “over and above” general benefits in describing special benefit. (Art. XIIID, sections 2(i) & 4(f).) The SVTA v. SCCOSA decision further clarifies that special benefits must provide a direct advantage to benefiting property and that proximity to a park is an example of a special benefit.

Special Benefits from Road Improvements to Old Highlands The roadway improvements provide clear and direct special benefits to the parcels subject to the assessment.

The special benefits are summarized below:
 Improved ingress and egress
 Improved traffic safety
 Reduction of noise pollution
 Improved emergency access and reduced cost of local government in law enforcement, public health care, fire prevention, and natural disaster response  Improved desirability for development (i.e. development amplification) General versus Special Benefit
Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. The assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section.

In other words:

Total
Benefit = General Benefit + Special Benefit
City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs.

SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements.

The starting point for evaluating general and special benefits is the current, baseline level of service. The assessments fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline.

Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In this Assessment, as noted, properties in the Assessment District have close proximity and uniquely improved desirability from the improvements as do other properties and the public at large.

Calculating General Benefit
In this section, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the assessment, as required.

The following formula has been developed based upon the Silicon Valley and other judicial decisions, and has widespread use by this Engineer to estimate the general benefit for complex, multi-benefit assessments:

General
Benefit =
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real Property
Inside the Assessment
District that is Indirect and
Derivative
+
Benefit to
the Public
at Large
The Old Highlands Area Road Improvement Assessment District improvements benefit the assessed parcels (as special benefits) and also provide some limited, extraneous general benefits in three ways as shown in the formula above: 1) to properties outside the Assessment District, 2) indirectly to properties within the Assessment District, and 3) to the public at large.

General Benefit
General Benefit to Real Property Outside, But Proximate to, the Assessment District City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Properties within the Assessment District receive almost all of the special benefits from the improvements because properties in the Assessment District enjoy unique proximity and access to the improvements that is not enjoyed by other properties or the public at large.

There are a limited number (a total of 5) of ingresses and egresses into the Assessment District.

Nonetheless, there are the equivalent of 43 properties that are proximate to the improvements, but outside of the boundaries of the Assessment District, that receive some benefit from the improvements. This benefit is general and is conferred to properties just outside the Assessment District’s boundary but are accessed by the roads to be improved. This benefit contributes to the overall general benefit calculation and will not be funded by the assessments.

The general benefit to property outside of the Assessment District is calculated as follows with the parcel and data analysis performed by SCI Consulting Group.

Percentage of units outside Old Highlands receiving benefit = 13% Road General Benefit to Real Property Inside the Assessment District that is Indirect and Derivative
The “indirect and derivative” benefit to property within the Assessment District is particularly difficult to calculate. A solid argument can be presented that all benefits within the Assessment District are special, because the improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity of and access to the improvements enjoyed by benefiting properties in the Assessment District.

Percentage of parcels receiving indirect and derivative benefit = 0.0% Road General Benefit to the Public at Large
The roads within the Old Highlands area are almost exclusively used by property owners (which includes deliveries, visitors, workers, landscapers, refuse collection, etc.) within the Assessment District. However, there is some use by non-property owner including bikers, walkers, pleasuredrivers, or for a detour from Hayward Boulevard, etc. This benefit is difficult to quantify as it relies on an unpredictable circumstance. Therefore, this benefit is liberally estimated at 5%.

Assumptions:
43 parcels outside and adjacent to the District
299 parcels in the Assessment District
Calculation
General Benefit to Property outside the Improvement District= (43/(43+299)) = 13%
City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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General Benefit to the public at large = 5.0%
Total General Benefit
The total general benefit is calculated as the sum of the three components above:

Total General Benefit = 13% +0.0% + 5% = 18.0%
The Assessment District’s total budget for improvement of road-related facilities is $325.215.

Therefore, out of the total cost of improvements of $325,215, the City must contribute at least $58,538 from sources other than the assessments. The City’s contribution of $162,608 satisfies this requirement.

Benefit Zones Not Required within Old Highlands
The internal road networks are well distributed such that all parcels within the Old Highlands are relatively equally served by the improvements. Even properties closer to Hayward Boulevard receive benefit from neighborhood vitality, walkability and access from improved roads serving properties farther from Hayward Boulevard. Hence, there is no requirement to share in the cost of benefits in an unequal manner, and no benefit zones are created.

Method of Assessment
As previously discussed, the Assessment District will fund comprehensive improvements that will clearly confer special benefits to properties in the Assessment District.

The next step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single family home, or, in other words, on the basis of Single Family Equivalent benefit units (SFE or “Benefit Units”). This benefit unit methodology is commonly used to distribute assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. For the purposes of this Engineer’s Report, all properties are designated with a SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is a single family home. Such properties are assigned one benefit unit, which is one Single Family Equivalent (1 SFE).

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Approach
Special benefit to individual parcels from proximate improved residential streets is directly related to the use of such streets to access the parcel. For many years, the Institute of Traffic Engineers (https://www.ite.org/) has provided and updated the industry-standard of average daily car trips for specific property uses and sizes – and this research serves as the basis for the assessment methodology in this Engineer’s Report.

Each parcel has been categorized by land use and evaluated for acreage and number of residential units where relevant. This analysis is illustrated in Table 3, with the Average Trip Generation Rate tabulated from the most current Institute of Traffic Engineers study, (with additional clarification on Notes), below
Table 3 – Relative Special Benefit based upon Average Daily Car Trips Notes:

1. Single Family Residential as SFE Benchmark
The Single-Family Equivalent (“SFE”) is defined as the Special benefit assigned to each single-family residence. All other SFEs are proportionate to the average daily car trips for a single-family residence.

2. Multiple Single Family Residential on One Parcel
There are six parcels with the Assessment District with multiple, stand-alone singlefamily residences on the parcel. In these cases, the special benefit is calculated as the sum of the number of single-family residences at the rate of 1 SFE per single family residence.

3. Multi-Family Residential
Property Use
Average Trip
Generation
Rate Units
Normalized
Factor
Development
Amplifier
Proposed
SFE Rate
Proposed
$ Rate Notes
Single Family Residential (SFR) 9.57 Dwelling Unit 1.00 1 1.000 $665.50 1 Multiple SFR on one parcel 9.57 Dwelling Unit 1.00 1 1.000 $665.50 2 Multi-Family Residential 5.81 Dwelling Unit 0.61 1 0.607 $404.03 3 Vacant 0.4 Parcel 0.04 5 0.209 $139.08 4
Park 2.28 Acres 0.24 1 0.238 $158.55 5
Water Tank 0.2 Parcel 0.02 1 0.021 $13.91 6
Formulae: a (b = a/SFR trip rate) c (b*c=d) (d *SFR $ rate) City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Special benefit is assigned to multi-family residential parcels (duplexes, triplexes, quads) at the rate of 0.61 SFEs per dwelling unit based upon the normalization of average daily car trips versus single family residences. (5.87/9.57 = 0.61)

4. Vacant
The Institute of Traffic Engineers does not provide average daily car trips to vacant residential parcels, so this amount has been estimated as approximately 1 trip per work week or 1/5 of a trip per day which equals 0.2 daily trips. However, the increase in desirability for development of a vacant lot with greatly improved road access is difficult to measure but it is very significant. Hence, a development amplification factor of 5 has been conservatively implemented to account for the increased desirability to develop a vacant property adjacent to improved roads.

5. Park
Special benefit is assigned to the three park parcels at the rate of 0.24 SFEs per acre unit based upon the normalization of average daily car trips versus single family residences. (2.28/9.57 = 0.24)

6. Water Tank
The City of Hayward owns and operates a large water tank on one large parcel and two smaller parcels. The assessment will be assigned to the large parcel (081D-1665-002-

01.) The Institute of Traffic Engineers does not provide average daily car trips to large water tank sites, so this amount has been estimated as approximately 1 trip per work week or 1/5 of a trip per day which equals 0.2 daily trips. Hence the rate of 0.04 SFEs per vacant parcels based upon the normalization of average daily car trips versus single family residences. (0.02)/9.57 = 0.02)

7. Other Properties
Article XIIID stipulates that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.

Miscellaneous, small, and other parcels such as roads, right-of-way parcels, and common areas typically do not generate significant numbers of employees, residents, customers, or guests and have limited economic value. These miscellaneous parcels receive minimal benefit from the improvements and are assessed an SFE benefit factor of zero.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Duration of Assessment
The assessment shall be levied for FY 2022 and continued every year thereafter for a total of 20 years.

Annual Cost Indexing
The assessment is not subject to an annual adjustment tied to an index.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Certificate
I do hereby apportion said net amount of the cost and expenses of said 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 particularly set forth in the Cost Estimate and Method of Assessment hereto attached and by reference made a part hereof.

The assessment is made upon the parcels or lots of land within the Assessment District in proportion to the special benefits to be received by the parcels or lots of land, from said 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 a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for each parcel or lot of land within the said Assessment District.

Dated: May 26, 2022
Engineer of Work
By ____________________________
John W. Bliss, License No. C052091
City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Assessment Diagram
The District Boundary and the parcels to be assessed in Old Highlands Area Road Improvement Assessment District are displayed on the Assessment Diagram, which is on file with the City Clerk of the City of Hayward. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Alameda for Fiscal Year 2023, and are incorporated herein by reference, and made a part of this Diagram and this Report.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2023

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Parcel Rate Parcel Rate Parcel Rate Parcel Rate Parcel Rate 081D-1585-007-00 $139.09 081D-1635-015-02 $665.50 081D-1650-026-00 $665.50 081D-1660-037-00 $665.50 081D-2091-003-00 $665.50 081D-1585-008-01 $665.50 081D-1635-016-02 $665.50 081D-1650-027-00 $665.50 081D-1660-038-00 $665.50 081D-2091-004-00 $665.50 081D-1585-012-00 $665.50 081D-1635-017-00 $665.50 081D-1650-028-00 $665.50 081D-1660-039-00 $665.50 425 -0420-002-00 $1,331.00 081D-1585-013-00 $665.50 081D-1635-018-02 $665.50 081D-1650-029-00 $665.50 081D-1660-040-00 $139.09 425 -0420-003-00 $665.50 081D-1585-022-00 $139.09 081D-1635-021-02 $665.50 081D-1650-030-00 $665.50 081D-1660-041-00 $139.09 425 -0420-004-00 $665.50 081D-1585-025-04 $665.50 081D-1635-024-00 $665.50 081D-1650-031-00 $665.50 081D-1660-042-00 $665.50 425 -0420-005-00 $0.00 081D-1585-026-00 $1,211.88 081D-1635-025-00 $665.50 081D-1650-032-00 $665.50 081D-1660-043-00 $665.50 425 -0420-006-00 $0.00 081D-1585-027-00 $665.50 081D-1635-027-00 $665.50 081D-1650-033-00 $665.50 081D-1660-044-00 $139.09 425 -0420-007-00 $0.00 081D-1585-028-01 $665.50 081D-1635-028-00 $665.50 081D-1650-034-00 $665.50 081D-1665-001-03 $665.50 425 -0420-009-00 $665.50 081D-1585-028-02 $665.50 081D-1635-029-00 $665.50 081D-1650-035-00 $665.50 081D-1665-001-06 $665.50 425 -0420-010-00 $665.50 081D-1585-029-00 $665.50 081D-1640-004-00 $665.50 081D-1655-001-04 $665.50 081D-1665-002-01 $0.00 425 -0420-013-00 $665.50 081D-1585-030-00 $665.50 081D-1640-006-00 $139.09 081D-1655-002-06 $665.50 081D-1665-003-01 $0.00 425 -0420-014-00 $665.50 081D-1585-031-00 $1,996.50 081D-1640-019-00 $0.00 081D-1655-002-07 $139.09 081D-1665-003-02 $139.09 425 -0420-015-00 $665.50 081D-1585-036-00 $665.50 081D-1640-020-00 $665.50 081D-1655-005-00 $665.50 081D-1665-004-00 $665.50 425 -0420-016-00 $665.50 081D-1585-037-00 $665.50 081D-1640-021-00 $665.50 081D-1655-006-02 $139.09 081D-1665-006-01 $0.00 425 -0420-017-00 $665.50 081D-1585-038-00 $665.50 081D-1645-001-00 $665.50 081D-1655-011-00 $665.50 081D-1665-006-02 $139.09 425 -0420-018-00 $665.50 081D-1585-039-00 $665.50 081D-1645-008-01 $0.00 081D-1655-012-00 $665.50 081D-1665-008-01 $665.50 425 -0420-019-00 $665.50 081D-1585-040-00 $665.50 081D-1645-008-02 $1,331.00 081D-1655-013-02 $665.50 081D-1665-009-01 $665.50 425 -0420-020-01 $665.50 081D-1585-041-00 $665.50 081D-1645-009-04 $665.50 081D-1655-014-02 $665.50 081D-1665-012-01 $665.50 425 -0420-021-02 $139.09 081D-1585-042-00 $665.50 081D-1645-010-03 $665.50 081D-1655-015-00 $665.50 081D-1665-014-00 $665.50 425 -0420-022-00 $665.50 081D-1585-043-01 $665.50 081D-1645-011-00 $665.50 081D-1655-017-02 $665.50 081D-1665-015-01 $665.50 425 -0430-002-03 $139.09 081D-1585-044-00 $665.50 081D-1645-012-00 $665.50 081D-1655-018-03 $665.50 081D-1665-015-02 $665.50 425 -0430-002-04 $665.50 081D-1585-045-00 $665.50 081D-1645-013-00 $665.50 081D-1655-018-04 $665.50 081D-1665-018-00 $665.50 425 -0430-004-00 $665.50 081D-1585-046-00 $665.50 081D-1645-014-00 $665.50 081D-1655-019-00 $665.50 081D-1665-019-02 $665.50 425 -0430-005-00 $139.09 081D-1585-047-00 $665.50 081D-1645-015-00 $665.50 081D-1655-020-00 $665.50 081D-1665-020-01 $1,331.00 425 -0430-006-00 $665.50 081D-1585-048-00 $665.50 081D-1645-016-00 $665.50 081D-1655-021-00 $665.50 081D-1665-021-00 $665.50 425 -0430-007-00 $665.50 081D-1585-049-00 $665.50 081D-1645-018-01 $665.50 081D-1655-022-00 $139.09 081D-1665-022-00 $665.50 425 -0430-008-00 $665.50 081D-1585-050-00 $665.50 081D-1645-019-00 $665.50 081D-1655-024-00 $665.50 081D-1665-023-00 $665.50 425 -0430-009-00 $139.09 081D-1585-051-00 $665.50 081D-1645-020-00 $665.50 081D-1655-025-01 $665.50 081D-1665-024-00 $139.09 425 -0430-011-00 $665.50 081D-1585-052-00 $665.50 081D-1645-021-00 $139.09 081D-1655-026-00 $665.50 081D-1665-025-00 $665.50 425 -0430-013-00 $665.50 081D-1585-053-00 $665.50 081D-1645-022-00 $139.09 081D-1655-027-00 $665.50 081D-1665-026-00 $139.09 425 -0430-014-00 $665.50 081D-1585-054-00 $665.50 081D-1645-023-01 $665.50 081D-1655-028-00 $665.50 081D-1665-027-00 $665.50 425 -0430-015-00 $665.50 081D-1585-055-00 $665.50 081D-1645-024-01 $665.50 081D-1655-029-00 $665.50 081D-1665-030-02 $665.50 425 -0430-016-00 $139.09 081D-1585-056-00 $665.50 081D-1645-025-01 $665.50 081D-1660-001-00 $139.09 081D-1665-031-00 $665.50 425 -0430-017-00 $139.09 081D-1585-057-00 $665.50 081D-1645-026-00 $665.50 081D-1660-002-00 $665.50 081D-1665-032-00 $665.50 425 -0430-018-00 $665.50 081D-1585-058-00 $665.50 081D-1645-027-00 $665.50 081D-1660-003-00 $807.92 081D-1665-033-00 $665.50 425 -0430-019-00 $665.50 081D-1585-059-01 $665.50 081D-1645-028-00 $665.50 081D-1660-004-00 $665.50 081D-1665-034-00 $665.50 425 -0450-001-00 $665.50 081D-1585-060-00 $665.50 081D-1645-029-00 $665.50 081D-1660-005-01 $665.50 081D-1665-035-00 $665.50 425 -0450-002-00 $665.50 081D-1595-001-00 $665.50 081D-1645-030-00 $665.50 081D-1660-005-02 $665.50 081D-1665-036-00 $665.50 425 -0450-004-07 $665.50 081D-1595-002-01 $665.50 081D-1645-032-00 $665.50 081D-1660-005-03 $665.50 081D-1665-037-00 $665.50 425 -0450-004-09 $665.50 081D-1595-002-02 $665.50 081D-1645-033-00 $665.50 081D-1660-008-01 $665.50 081D-1665-038-00 $665.50 425 -0450-005-02 $665.50 081D-1595-009-02 $665.50 081D-1645-034-00 $665.50 081D-1660-008-02 $665.50 081D-1665-039-00 $665.50 425 -0450-006-00 $665.50 081D-1595-010-01 $665.50 081D-1645-035-00 $665.50 081D-1660-011-02 $665.50 081D-1665-040-00 $665.50 425 -0450-007-00 $665.50 081D-1595-011-02 $665.50 081D-1650-001-01 $665.50 081D-1660-014-00 $665.50 081D-1665-041-00 $665.50 425 -0450-008-00 $665.50 081D-1595-012-02 $665.50 081D-1650-008-00 $665.50 081D-1660-016-00 $665.50 081D-1665-042-00 $665.50 425 -0450-009-00 $665.50 081D-1595-012-06 $665.50 081D-1650-009-01 $665.50 081D-1660-017-00 $665.50 081D-1665-043-00 $665.50 425 -0450-010-00 $665.50 081D-1595-012-08 $665.50 081D-1650-009-02 $665.50 081D-1660-020-00 $665.50 081D-1665-044-00 $139.09 425 -0450-011-02 $665.50 081D-1595-019-00 $665.50 081D-1650-010-00 $665.50 081D-1660-021-00 $665.50 081D-1665-045-00 $665.50 425 -0460-009-00 $665.50 081D-1595-020-00 $665.50 081D-1650-011-03 $665.50 081D-1660-023-03 $665.50 081D-1665-047-01 $665.50 425 -0460-010-00 $665.50 081D-1595-021-04 $1,331.00 081D-1650-012-02 $665.50 081D-1660-024-00 $665.50 081D-1665-049-01 $665.50 445 -0280-001-04 $0.00 081D-1595-022-02 $665.50 081D-1650-013-00 $665.50 081D-1660-025-00 $665.50 081D-1665-051-01 $665.50 445 -0290-005-08 $139.09 081D-1595-023-02 $139.09 081D-1650-014-00 $665.50 081D-1660-026-00 $665.50 081D-1665-052-00 $665.50 081D-1595-031-00 $665.50 081D-1650-015-00 $665.50 081D-1660-027-00 $665.50 081D-1665-053-00 $665.50 081D-1595-079-00 $665.50 081D-1650-016-00 $665.50 081D-1660-028-00 $665.50 081D-1665-054-00 $665.50 081D-1595-085-00 $665.50 081D-1650-017-00 $665.50 081D-1660-029-00 $139.09 081D-1665-055-00 $665.50 081D-1595-086-00 $665.50 081D-1650-018-00 $665.50 081D-1660-030-00 $139.09 081D-1665-056-00 $665.50 081D-1595-087-00 $665.50 081D-1650-019-00 $139.09 081D-1660-031-00 $665.50 081D-1665-057-00 $665.50 081D-1635-005-05 $1,331.00 081D-1650-020-01 $665.50 081D-1660-032-00 $665.50 081D-1665-058-00 $139.09 081D-1635-006-02 $665.50 081D-1650-022-00 $665.50 081D-1660-033-00 $665.50 081D-1665-059-00 $665.50 081D-1635-008-00 $665.50 081D-1650-023-00 $665.50 081D-1660-034-00 $665.50 081D-1665-060-02 $139.09 081D-1635-009-04 $139.09 081D-1650-024-00 $665.50 081D-1660-035-00 $665.50 081D-2091-001-00 $665.50 081D-1635-014-03 $665.50 081D-1650-025-00 $665.50 081D-1660-036-02 $665.50 081D-2091-002-00 $139.09 Appendix A - Assessment Roll
Assessments shown below reflect the prospective assessments for the single lots in the fully-built scenario using the current configuration and rate.

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-419
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Water Pollution Control Facility’s (WPCF) Switchgear Rehabilitation Project, Project No. 07656 That Council adopts the attached resolution (Attachment II) approving the plans and specifications for the Water Pollution Control Facility’s (WPCF) Switchgear Rehabilitation Project, Project No. 07656, and calling for construction bids to be received on August 16, 2022.

The existing main switchgear (MSB), originally installed in 1982, is a key component of the power distribution system at the WPCF. The MSB, along with several related motor control centers (MCCs), have provided power and controls to various plant processes for nearly forty years. Concern over continued reliability of the switchgear due to obsolescence and availability of parts, as well as the current condition and continued deterioration from corrosive atmospheres, prompted staff to request that the electrical system be evaluated as part of the Water Pollution Control Facility (WPCF) Phase II Facilities Plan. The Phase II Facilities Plan serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years. An evaluation of the Old Cogeneration Building Electrical System was performed as part of the planning effort. The evaluation recommended replacing the existing MSB as well as consolidating and replacing several existing aged MCCs, and retrofitting the existing old Cogen Building to house the new electrical equipment.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 2 Printed on 7/1/2022
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File #: CONS 22-419
CITY OF HAYWARD Page 2 of 2 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Water Pollution Control Facility’s (WPCF) Switchgear Rehabilitation Project, Project No. 07656

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the plans and specifications for the Water Pollution Control Facility’s (WPCF) Switchgear Rehabilitation Project, Project No. 07656, and calling for construction bids to be received on August 16, 2022.

SUMMARY
The WPCF treats an annual average flow of approximately eleven million gallons per day (MGD) and meets current requirements to discharge treated effluent to the deep waters of the San Francisco Bay. The existing main switchgear (MSB), originally installed in 1982, is a key component of the power distribution system at the WPCF. The MSB, along with several related motor control centers (MCCs), have provided power and controls to various plant processes for nearly forty years. Concern over continued reliability of the switchgear due to obsolescence and availability of parts, as well as the current condition and continued deterioration from corrosive atmospheres, prompted staff to request that the electrical system be evaluated as part of the Water Pollution Control Facility (WPCF) Phase II Facilities Plan. The Phase II Facilities Plan serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years. An evaluation of the Old Cogeneration Building Electrical System was performed as part of the planning effort. The evaluation recommended replacing the existing MSB as well as consolidating and replacing several existing aged MCCs, and retrofitting the existing old Cogen Building to house the new electrical equipment.

BACKGROUND

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The WPCF collects and treats wastewater from the City’s residents and businesses. The original WPCF 480-volt MSB was designed to power the entire WPCF at the time of its construction and was connected directly to two cogeneration engines that satisfied part of the plant demand, and a standby generator as a backup to PG&E. In 2008, the Phase 1 WCPF upgrade project was completed that included a new electrical service entrance from PG&E, a new 12-kV switchgear building, a 12-kV power grid, several 12-kV substations to distribute power around the plant, and a new standby diesel generator. The electrical system upgrades were largely constructed to serve new loads added as part of the Phase 1 project and other than sub-feeding the power from the new 12-kV switchgear to the MSB, did not include improvements to the plant’s existing 480-volt power distribution system. In 2014, a new 1,132 kW cogeneration engine was commissioned as part of the Cogeneration Upgrade Project, and the old cogeneration engines that previously supplied power to the plant through the MSB were decommissioned. The MSB continues to supply power to many vital loads throughout the plant including the headworks, north and south vacuators, the primary treatment process, the west trickling filter, the anerobic digesters, the site wastes pump station, and various buildings and site lighting.

On February 27, 20181, Council authorized a professional services agreement with Black and Veatch to perform the WPCF Phase II Facilities Plan that serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years. A MSB evaluation was performed as part of the planning effort, which recommended replacing the existing MSB and related electrical equipment.

On May 18, 20212, Council authorized a professional services agreement with Carollo Engineers to perform final design services for the WPCF Switchgear Rehabilitation Project.

The scope of work included preliminary and final design services of the switchgear and other related improvements.

DISCUSSION

PROJECT SCOPE
The recommendations from the Phase II Facilities Plan are to replace the plant’s existing MSB, several MCCs and distribution panelboards, and related equipment. The existing electrical equipment, installed in 1982, have exceeded their useful lives. In addition, staff have difficulty procuring replacement parts, as the parts are no longer produced for equipment this old. The existing MSB is at risk of failure due to long-term exposure to hydrogen sulfide and the resulting corrosion of its copper bussing. Replacement is needed for continued operational reliability of the WPCF and many of its essential processes.

The project includes the following components:
 MSB: The MSB was installed in 1982, and at forty years in service, has exceeded its useful life. Staff have difficulty procuring replacement parts since they are obsolete and no longer being produced. In 2006, an assessment of the existing MSB equipment was

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=3354003&GUID=015931F3-41B1-45E5-8345- F8440FF11A26&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4955268&GUID=821E06AC-AAAD-450F-8B45- 0A98D661D498&Options=&Search=

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performed by Terada Engineering, Inc., which recommended replacement of switchgear components due to component obsolescence. This assessment also noted that the switchgear was housed within a room that was subjected to significant levels of hydrogen sulfide due to its proximity to the East Barminutor Structure where two of the City’s main sewer lines converge. In 2020, as part of the WPCF Phase II Facilities Plan, an evaluation was completed that confirmed the previous findings that recommended replacing the MSB.
 Motor Control Centers (MCCs): Several of the existing motor control centers (MCCs) powered by the MSB were evaluated and recommended for replacement due to their age and obsolescence. These MCCs were installed at the same time as the MSB (1982) and are also at the end of their useful life. These include: the obsolete MCC-5B which primarily includes breakers and starters associated with the old, decommissioned cogeneration equipment; MCC-5A, which supplies equipment located in the boiler room; and several obsolete pump control panels serving the flow equalization return pumps. In addition, a nearby outdoor MCC (MCC-19) is in extremely poor condition due to proximity to the primary clarifiers (a corrosive environment) and is slated for demolition. MCC-19 contains several starters for the West Trickling Filter ventilation system that are still in service, as well as obsolete equipment that is no longer in service. These existing breakers and starters from MCC-5A, 5b, and 19 will be housed in a new MCC panel located adjacent to the new MSB. In addition, the existing supervisory control and data acquisition (SCADA) / remote telemetry unit (RTU) cabinet located inside the electrical switchgear room will be replaced with a new programmable logic controller (PLC) cabinet to serve equipment housed in both the MSB and new MCC.

The Site Waste Pump Station (SWPS) currently houses MCC-2A and 2B which were also installed in 1982 and have reached the end of its useful life. A new replacement MCC and PLC panel is included. MCC-2A and 2B provide power and control to many essential plant process areas including primary treatment, site waste pumping, and anerobic digestion. Replacement is needed for continued reliability of the WPCF operations.
 Old Cogeneration Building Improvements: In addition to replacing the MSB and MCCs, the Phase II Facilities Plan recommended retrofitting the existing Old Cogeneration Building to provide the required architectural and environmental improvements needed to house the new electrical equipment. The improvements include: removing unused equipment formerly associated with the cogeneration system from the roof of the building; sealing openings in the roof and floor associated with the engines and associated piping; installing new roofing; replacing existing louvers with aluminum infill panels; adding interior and exterior finishes; and replacing the heating, ventilation, and air conditioning (HVAC) equipment. In addition, an exterior stairwell will be installed to provide safe roof access for maintaining the new HVAC equipment.

These improvements will seal the building from adjacent corrosive environments and will result in an interior environment that is suitable for housing this type of critical electrical infrastructure.

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 Site Waste Pump Station Operation Control House: In addition to replacing MCC-2A and 2B and the control panels from the Operation Control House, the project will also update the operation’s office and laboratory with new HVAC equipment, flooring, and restroom renovations.
 Transformer: As noted above, the building is currently designed in an open louvered and ventilated structure which has resulted in extensive corrosion of the copper components within the electrical enclosure, and corrosion to an elevated copper bus duct and surrounding structure associated with transformer located outside the building. A new transformer is included to replace the existing corroded unit as well as new cable trays that will replace the existing elevated bus duct. In addition, the grating that currently covers the existing East Barminutor Structure will be replaced with a solid cover and is expected to result in a less corrosive atmosphere surrounding the new transformer.
 Panelboard Replacement: The project includes removing obsolete and unreliable control panels and equipment and installing new 480V panelboards at the South Vacuator, Air Compressor Building, and Maintenance Building. These improvements will provide safe and reliable power sources to the WPCF as well as clean up and remove outdated electrical systems.
 Programmable Logic Controller (PLC) Installation: The existing remote monitoring units (RMU), RMU-1 inside the Operations Control House, and RMU-8, inside the electrical switchgear room, will be replaced with new PLC cabinets because of their obsolescence and significant amount of field wiring in poor condition. The new PLC cabinets and all connected equipment require updated SCADA programming, which will be performed by a third-party programmer.

Notice to proceed will be issued following bid opening in August 2022. Equipment procurement for the MSB, MCCs, and transformer are expected to take approximately one year. Construction is anticipated to begin in Summer 2023 and is estimated to take approximately 22 months to complete. The prolonged schedule is due to industry-wide material shortages, procurement challenges, and global supply chain issues.

ECONOMIC IMPACT
Replacing the MSB, MCCs, and related electrical equipment are part of an effort to modernize and upgrade existing facilities. The project will greatly improve reliability by reducing staff time associated with breakers tripping causing unplanned outages and staff time attending to issues otherwise related to component failures. The community will enjoy the benefits of the Project, including maintaining effective treatment that provides environmental protection of the San Francisco Bay.

FISCAL IMPACT
The FY 2023 through FY 2032 Capital Improvement Project (CIP) includes funding for Project 07656 WPCF Main 480V MCC Electrical Distribution Rehabilitation described in the Sewer Replacement Fund (Fund 611). Table 1 shows the project as described in the approved CIP.

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Table 1. Sewer Improvements Funding
Fund Project
No.

Description Budget
611 07656 WPCF Main 480V MCC Electrical Distribution
Rehabilitation
$10,989,000
The breakdown for project costs is as follows:

Total Project Cost
Engineering Services (Consultant) $1,108,835
Design and Construction Management – City Staff (Estimated) $105,000 Construction Contract (Estimated) $10,510,000
Construction Contingency (10% of Construction Contract) $1,051,000 Inspection and Testing (Estimated) $105,000
Total $12,879,835
The construction cost is an estimate. Should the construction cost exceed the funds currently allocated in the CIP, staff will request that additional funds be appropriated to cover the additional cost.

On November 15, 2016[1], Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for WPCF Switchgear Rehabilitation Project is anticipated to be more than $1,000,000, the CWA agreement applies to this project.

STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap to Invest in Infrastructure. Specifically, this item supports the following:

Project N19: Design Water Pollution Control Facility Phase II Upgrade

SUSTAINABILITY FEATURES
This project will help the City maintain its ability to treat wastewater efficiently and adequately for reuse or before discharging into San Francisco Bay.

PUBLIC CONTACT

[1] https://hayward.legistar.com/LegislationDetail.aspx?ID=2882111&GUID=118B2EF9-1D2C-471F-999E4BE0929706A0&Options=&Search=

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All project work will be within the WPCF plant boundary and should have no impact on area businesses or the public at large; therefore, no public contact is necessary for this project.

NEXT STEPS
If Council approves the project, staff will advertise the construction project for public bidding and turn to Council for the award of the construction contract after construction bids have been received and reviewed.

The following schedule has been developed for this project:

Receive Bids August 16, 2022
Award Construction Contract September 20, 2022
Notice to Proceed October 14, 2022
Construction Completion May 2025
Due to anticipated delays in equipment procurement and global supply chain issues, the project is anticipated to be completed in May 2025, which is a longer timeline than in normal years. Staff aims to issue the notice to proceed in October 2022 to begin the material procurement phase and accommodate for the long lead times to manufacture the electrical equipment. It is anticipated that construction will begin in Summer 2023 upon material procurement. Scheduling changes may occur as a result of supply chain volatility and material availability. In addition, staff will advertise a request for proposals for a professional services agreement for third party programming services for SCADA /PLC programming and systems integration required for the new electrical equipment. Staff will turn to Council for the award of the professional services prior to the procurement of the electrical equipment.

Prepared by: Mariza Sibal, Associate Civil Engineer
Reviewed by: Suzan England, Senior Utilities Engineer
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. 23-____
Introduced by Council Member __________

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE WATER POLLUTION CONTROL FACILITY’S (WPCF) SWITCHGEAR
REHABILITATION PROJECT, PROJECT NO. 07656, AND CALLING FOR BIDS TO BE RECEIVED BY AUGUST 16, 2022
WHEREAS, the City of Hayward (City) owns and operates the Water Pollution Control Facility (WPCF), which treats an average flow of approximately eleven million gallons per day; and
WHEREAS, the existing main switchgear (MSB), originally installed in 1982, is a key component of the power distribution system at the WPCF. The MSB along with several related motor control centers (MCCs) have provided power and controls to various plant processes for nearly forty years and have exceeded their useful lives; and WHEREAS, in February 27, 2018, the City entered into an agreement with Black & Veatch Corporation to perform engineering services for the WPCF Phase II Facilities Plan.

The Phase II Facilities Plan serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years; and WHEREAS, the WPCF Phase II Facilities Plan evaluated the WPCF’s electrical system and recommended replacing the MSB, MCCs, and retrofitting the existing old cogeneration building which houses these electrical equipment; and
WHEREAS, on May 2021, the City entered into an agreement with Carollo Engineers to perform final designs services for the WPCF Switchgear Rehabilitation Project.

NOW, THEREFORE, BE IT RESOLVED, those certain plans and specifications for the WPCF Switchgear Rehabilitation Project, Project No. 07656, on file in the Office of the City Clerk, are hereby adopted as plans and specifications for the project; and BE IT FURTHER RESOLVED, the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and
BE IT FURTHER RESOLVED, sealed bids therefore will be received by the City Clerk’s Office at City Hall, 777 B Street, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, August 16, 2022, and immediately thereafter publicly opened and declared by the City Clerk in the Rotunda, City Hall, Hayward, California.

ATTACHMENT II

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

BE IT FURTHER RESOLVED that 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.

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 22-424
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Adopt a Resolution Approving the Final Map of Tract 8581, a 47 Lot Subdivision on a 5.4 Acre Site located at 1000 La Playa Drive to Allow the Construction of 47 Single Family Homes, a Common Open Space Parcel, and Related Site Improvements; Applicant/Owner: D.R. Horton Bay, Inc., Application No. 202200670

RECOMMENDATION
That the Council adopts a resolution (Attachment II) to approve the Final Map for Tract 8581 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), and authorize the City Manager to execute the Subdivision Agreement, related other documents, and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.

SUMMARY
The Final Map for Tract 8581 subdivides one 5.4-acre parcel on La Playa Drive into 47 lots, allowing the construction of 47 single family homes, a common open space parcel, and related site improvements. The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to complete all required improvements.

The Final Map and Improvement Plans are based on the Vesting Tentative Map approved by Council by Resolution 21-232 on November 16, 2021. The City Engineer, in coordination with other potentially affected departments, has reviewed the proposed development phasing, the Final Map, and Improvement Plans and have determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards, and addressing the City’s conditions of map approval.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map, Tract 8581
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File #: CONS 22-424
Attachment IV Vesting Tentative Map, Tract 8581
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Adopt a Resolution Approving the Final Map of Tract 8581, a 47 Lot Subdivision on a 5.4 Acre Site located at 1000 La Playa Drive to Allow the Construction of 47 Single Family Homes, a Common Open Space Parcel, and Related Site Improvements; Applicant/Owner: D.R. Horton Bay, Inc., Application No. 202200670

BACKGROUND
Tentative Map - Per State law, Tentative and Final maps are required for subdivision of real property into five or more parcels. A Vesting Tentative Map Application (No. 202004457) showing the proposed subdivision into 47 lots, allowing the construction of 47 single family homes, a common open space parcel, related site improvements, along with preliminary plans

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and documents describing the proposed development was reviewed and approved by the City Council on November 16, 2021 subject to certain Conditions of Approval. At the same meeting on November 16, 2021, City Council approved the PD Rezone from CN (Neighborhood Commercial) District to PD (Planned Development). The Planning Commission recommended approval of the Vesting Tentative Map and PD Rezone for Tract 8581 to the City Council on October 28, 2021.

The Council approved the Vesting Tentative Map and PD Rezone of Tract 8581 in a public meeting after considering comments from the public and public agencies. Council also considered compliance with the Subdivision Map Act, the California Environmental Quality Act, Planned Development guidelines, the City Subdivision Ordinance, Zoning Code, Building Regulations, the Hayward General Plan, Specific & Neighborhood Plans, and the site-specific requirements of the Planning, Public Works, Fire, and Police Departments. The 47 single family home project will fulfill several goals and objectives of the City’s General Plan by providing in-fill development and increasing housing diversity.

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

Improvement Agreement and Securities - The subdivider has requested the City’s approval of the Final Map before all required improvements are completed as provided for in the State Subdivision Map Act Section 66462. The subdivider has agreed to execute an agreement with the City to complete the improvements required for the subdivision in a timely manner as per the improvement plans approved by the City Engineer and as stipulated in the Hayward Municipal Code Section 10-3.330 (a). Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a).

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

The City Council’s approval of the Final Maps shall not become effective until and unless the developer enters into a Subdivision Agreement with the City for the construction of improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map. The environmental review was completed when the Vesting Tentative Map was approved in 2021. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information,which would require additional environmental review.

ECONOMIC AND FISCAL IMPACT

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

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

SUSTAINABILITY FEATURES
The proposed project would comply with the California Green Building Standards Code (CALGreen) and the City’s Reach Code by featuring all-electric homes that contain no gaspowered appliances, two-car garages with parking spaces that are electric vehicle-ready, and solar roofs on each home. In addition to these sustainable building measures, the proposed project would incorporate Transportation Demand Management (TDM) strategies to minimize single-occupancy vehicle usage by providing preloaded Clipper Cards to homeowners upon the sale of each unit to encourage transit usage. Furthermore, the project’s Homeowners Association would be required to set aside an annual subsidizing fund for a Clipper Card reimbursement program in order to sustain transit usage by the project’s residents.

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

Prepared by: Scott Wikstrom, Development Services Engineer Recommended by: 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 APPROVING THE FINAL MAP OF TRACT 8581, ACCEPTING

THE EASEMENTS DEDICATED THEREON FOR PUBLIC USE AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE

SUBDIVISION IMPROVEMENT AGREEMENT AND RELATED OTHER

DOCUMENTS
WHEREAS, Vesting Tentative Tract Map No. 8581 for La Playa Commons, was approved by the City Council of the City of Hayward on November 16, 2021; and WHEREAS, the Final Map for Tract 8581 has been presented to the City Council of the City of Hayward for development of 47 lots for the construction of 47 single family homes, a common open space parcel, and related site improvements located on one existing parcel (Assessor Parcel Number 442-0038-001-00) at 1000 La Playa Drive; and WHEREAS, the City Engineer has determined the map substantially complying with its Vesting Tentative Map and the City Surveyor has determined the map technically correct; and
WHEREAS, the City Engineer has also determined the Tract 8581 Improvement Plans acceptable and conforming to the City’s Conditions of Approval of the Vesting Tentative Map for Tract 8581; and
WHEREAS, Subdivider has requested the Council approval of Tract Map 8581 before its required improvements are completed and has agreed to complete the same within the time limits specified in an agreement with the city and post securities required therefor; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Hayward does hereby find that the Final Map for Tract 8581 is in substantial compliance with its approved Vesting Tentative Tract Map and does hereby approve the said Final Map and accepts on behalf of the public all easements dedicated for public use thereon, subject to the subdivider entering into a subdivision agreement for the completion of improvements and other obligations, as required by the conditions of approval of the Vesting Tentative Tract Map for Tract 8581, and that the approval of the Final Map for Tract 8581 shall not be effective until and unless and such agreement is entered into.

ATTACHMENT II

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BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute, for and on behalf of the City of Hayward, a subdivision agreement in a form approved by the City Attorney.

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward

ATTACHMENT IV

ATTACHMENT IV
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-431
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving Addendum No. 1 and No. 2 and Awarding a Contract to Ranger Pipelines, Inc., for the Sewer Line Improvements Project, Project No. 07761, in the Amount of $11,087,925 in Addition to Approving $1,108,793 in Administrative Construction Contingency, and Appropriating Additional Funds in an Amount of $3,067,915

RECOMMENDATION
That Council adopts a resolution (Attachment II): approving Addendum No. 1 and No. 2, providing minor revisions to the project specifications; and awarding the construction contract to Ranger Pipelines, Inc., (Ranger) for the Sewer Line Improvements Project, Project No. 07761, in the amount of $11,087,925 in addition to approving $1,108,793 in administrative construction contingency; and appropriating additional funds in the amount of $3,067,915 from the Sewer System Replacement Fund (Fund 611).

SUMMARY
The Utilities Division of the Department of Public Works & Utilities replaces the City’s undersized or structurally damaged sewer mains through annual capital improvement projects. The Sewer Line Improvements Project (Project) will improve the capacity and maintain the operability of the sewer collection system by replacing approximately 4.1 miles of existing vitrified clay pipe (VCP), asbestos cement pipe (ACP), and high-density polyethylene pipe (HDPE) ranging in diameter from 6 to 12-inches with new 8, 10, 12, or 15-inch polyvinyl chloride (PVC) or HDPE. This project takes place at twenty-nine locations throughout the City (Attachment III). Approximately 3.3 miles will be replaced by traditional open-cut method, and another approximately 0.8 mile will be replaced by trenchless technology used to cross under obstructions that prohibit open-cut installation.

On June 14, 2022, four (4) bids were received. The low bid was $11,087,925, which is $2,512,075, or

18.5%, below the Engineer’s estimate of $13,600,000. Staff is requesting Council’s approval of Addendum No. 1 and No. 2, which provided minor revisions to clarify the specifications, and awarding the construction contract to the lowest bidder, Ranger, the amount of$11,087,925, and approving an Administrative Construction Contingency (change orders) budget of $1,108,793.

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File #: CONS 22-431
Furthermore, staff is requesting appropriation of additional funds in the amount of $3,067,915 from the Sewer System Replacement Fund (Fund 611).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Approving Addendum No. 1 and No. 2 and Awarding a Contract to Ranger Pipelines, Inc., for the Sewer Line Improvements Project, Project No. 07761, in the Amount of $11,087,925 in Addition to Approving $1,108,793 in Administrative Construction Contingency, and Appropriating Additional Funds in an Amount of $3,067,915

SUMMARY
The Utilities Division of the Department of Public Works & Utilities replaces the City’s undersized or structurally damaged sewer mains through annual capital improvement projects. The Sewer Line Improvements Project (Project) will improve the capacity and maintain the operability of the sewer collection system by replacing approximately 4.1 miles of existing vitrified clay pipe (VCP), asbestos cement pipe (ACP), and high-density polyethylene pipe (HDPE) ranging in diameter from 6 to 12-inches with new 8, 10, 12, or 15- inch polyvinyl chloride (PVC) or HDPE. This project takes place at twenty-nine locations throughout the City (Attachment III). Approximately 3.3 miles will be replaced by traditional open-cut method, and another approximately 0.8 mile will be replaced by trenchless technology used to cross under obstructions that prohibit open-cut installation.

On June 14, 2022, four (4) bids were received. The low bid was $11,087,925, which is $2,512,075, or 18.5%, below the Engineer’s estimate of $13,600,000. Staff is requesting Council’s approval of Addendum No. 1 and No. 2, which provided minor revisions to clarify the specifications, and awarding the construction contract to the lowest bidder, Ranger, the amount of$11,087,925, and approving an Administrative Construction Contingency (change orders) budget of $1,108,793.

Furthermore, staff is requesting appropriation of additional funds in the amount of $3,067,915 from the Sewer System Replacement Fund (Fund 611).

BACKGROUND

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The City’s current Capital Improvement Program (CIP) includes funding to replace the City’s undersized or structurally damaged sewer mains through annual sewer line replacement projects. The City operates approximately 325 miles of sanitary sewer mains. The Utilities Division staff performs regular sewer main cleaning and has an ongoing program to monitor and inspect the condition of the City’s sanitary sewer collection system using closed circuit television (CCTV) technology. The inspection is performed by placing a camera, mounted on tracks, inside a sewer pipe and remotely guiding it through the length of the pipe to identify structurally damaged sewer mains for repair or replacement.

The sewer main improvements include replacing approximately 4.1 miles of existing 6, 8, 10, and 12-inch vitrified clay, asbestos cement, and high-density polyethylene pipes at twentynine locations throughout the City as shown in Attachment III. The sewer line locations were selected by staff based on performance and maintenance data over the past several years.

Recommended projects from the 2015 Sewer Master Plan, including upsizing undersized sewer mains, rerouting flows, and installing new sewer lines, were also incorporated to address capacity deficiencies within the existing sewer collection system.

Approximately 3.3 miles of sewer main will be replaced by traditional open-cut method constructed in segments to minimize the impact to customers and traffic. The remaining

0.8 mile will either be rehabilitated or replaced by trenchless pipe techniques including microtunneling, pipe bursting, pipe reaming, or cured-in-place pipe (CIPP), where open-cut installation is not recommended due to surface features.

This project also includes installation of new manholes in areas where it is often difficult to access the existing manholes located in easements on residential properties. Installing new manholes in the public street improves accessibility for future maintenance and operational efficiency when performing Hydro cleaning and CCTV.

On December 7, 20211, Council approved Resolution No. 21-236, adopting the Initial Study and Mitigated Negative Declaration (IS/MND). The City completed the environmental analysis in accordance with the California Environmental Quality Act (CEQA).

DISCUSSION
On May 3, 20222, Council approved the plans and specifications for the project and called for bids to be received on June 7, 2022. Addendum No. 2 postponed the bid opening to June 14, 2022, due to requests from contractors. On June 14, 2022, the City received four (4) bids for the project, ranging from $11,087,925 to $12,717,965. Ranger submitted the low bid in the amount of $11,087,925, which is approximately 18.5% below the Engineer’s estimate of $13,600,000. The average of the four (4) bids received was $11,698,981, which is approximately 14% below the Engineer’s estimate. An additional $1,108,793 (or 10% of the contract amount) is included for administrative construction contingency in the event additional funds are needed for unforeseen conditions and changes during construction.

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ECONOMIC IMPACT
The community will enjoy the benefits of the project, including the continued operability and serviceability of the sewer collection system. Furthermore, robust and reliable sewer infrastructure can help protect public health and foster economic development and viability in the City.

On November 15, 20163, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. The CWA agreement applies to this Sewer Line Improvements Project because the construction cost is more than $1,000,000.

FISCAL IMPACT
The estimated costs for the Sewer Line Improvements Project are as follows:

Construction Contract $11,087,925
Administrative Construction Contingency $1,108,793
Professional Engineering Services – Consultant $908,933 Inspection & Testing & Permitting $600,000
Construction Administration – City Staff $400,000
Total $14,105,651
Appropriation of Additional Funds
The adopted FY23 CIP includes a total of $11,116,653 for the Sewer Line Improvement FY21 Project, Project No. 07761, in the Sewer System Capital Replacement Fund (Fund 611). In 2020, the City entered into a Professional Services Agreement with Hydroscience Engineers, Inc., (Hydroscience), of which $908,933 is for sewer design services and technical support during construction. As of June 2022, $10,128,803 remains available for construction, inspection, and administration.

As shown above, the current total estimated cost to construct the project exceeds this amount. The original estimate was based on preliminary conceptual design. These costs are typically developed when project definition is at the planning stage. Expected accuracy for a planning stage estimate typically ranges as much as 25% below or above the actual cost.

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Furthermore, due to the recent COVID-19 pandemic-related global supply chain disruption and its impact on costs, the current estimated project cost at $14,105,651 is approximately 27% higher than the original FY23 CIP budgeted amount of $11,116,653. Staff requests that Council appropriate additional funds in the amount of $3,067,915 from the Sewer System Replacement Fund (Fund 611) to fully fund the project in FY23. Sufficient fund balance is available to cover the necessary appropriation.

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

Project N20: Upgrade sewer collection system by replacing 3-4 miles of sewer lines annually.

SUSTAINABILITY FEATURES
The repair and replacement of deteriorating sewer lines reduces the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways.

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 separately contact any large employers and schools that may be affected by the project and coordinate work to minimize impact.

NEXT STEPS
The following schedule has been developed for this project:

Award Construction Contract July 5, 2022
Notice to Proceed August 2022
Construction Completion September 2023
Prepared by: Sammy Lo, Senior Civil Engineer
Reviewed by: Tay Nguyen, Senior Utilities Engineer
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 22-
Introduced by Council Member
RESOLUTION APPROVING ADDENDUM NO. 1 AND NO. 2, AWARDING A CONTRACT TO RANGER PIPELINES, INC., FOR THE SEWER LINE
IMPROVEMENTS PROJECT, PROJECT NO. 07761, IN THE AMOUNT
OF$11,087,925 AND APPROVING $1,108,793 IN ADMINISTRATIVE

CONSTRUCTION CONTINGENCY, AND APPROPRIATING ADDITIONAL FUNDS IN AN AMOUNT OF $3,067,915
WHEREAS, by Resolution No. 22-113 on May 3, 2022, the City Council approved the plans and specifications for the Sewer Line Improvements Project, Project No. 07761, and called for bids to be received on June 7, 2022; and
WHEREAS, Addendum No. 1 and No. 2 were issued to make minor revisions to the specifications and postpone bid opening date to June 14, 2022; and WHEREAS, on June 14, 2022, four (4) bids were received ranging from $11,087,925 to $12,717,965. The low bid, submitted by Ranger Pipelines, Inc., is approximately 18.5% below the engineer’s estimate of $13,600,000;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward that Addendum No. 1 and No. 2 are hereby approved and adopted as part of the plans and specifications for the project; and
BE IT FURTHER RESOLVED that Ranger Pipelines, Inc., of San Francisco, CA, is hereby awarded the contract for the Sewer Line Improvements Project, Project No. 07761, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute an agreement with Ranger Pipelines, Inc., in the name of and for and on behalf of the City of Hayward, in the amount of $11,087,925, in a form to be approved by the City Attorney; and
BE IT FURTHER RESOLVED that a construction contingency budget of $1,108,793 is also hereby approved.

BE IT FURTHER RESOLVED that the City Manager is authorized to appropriate an additional $3,067,915 from Sewer Replacement Fund (Fund 611) for the Sewer Line Improvements Project, Project No. 07761.

ATTACHMENT II

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-433
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the Single Source Agreement with Western Energy Systems for Services to the Cogeneration Engine System at the Water Pollution Control Facility (WPCF) in an Amount Not-toExceed $507,710 Plus Administrative Change Orders in the Amount of Ten Percent of the Contract Price for a Total of $558,500

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute the single source agreement with Western Energy Systems for Services to the Cogeneration Engine system at the Water Pollution Control Facility (WPCF) in an amount not-to-exceed $507,710 plus administrative change orders in an amount equal to ten percent of the contract amount for a total of $558,500.

Western Energy Systems is the exclusive authorized and certified parts and service provider for all Jenbacher products on the west coast. Staff is recommending the City execute a single source agreement with Western Energy Systems to perform the engine overhaul and other recommended milestone replacements in an amount not-to-exceed $558,500, in order to continue to provide reliable and sustainable power to the WPCF.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the Single Source Agreement with Western Energy Systems for Services to the Cogeneration Engine System at the Water Pollution Control Facility (WPCF) in an Amount Not-to-Exceed $507,710 Plus Administrative Change Orders in the Amount of Ten Percent of the Contract Price for a Total of $558,500

SUMMARY
The WPCF cogeneration system currently utilizes a Jenbacher cogeneration engine to produce energy from biogas to provide power to the WPCF. In November 2014, the City commissioned a Jenbacher Model JGS 416 cogeneration engine as part of the WPCF Cogeneration Upgrade Project. The cogeneration engine surpassed a 60,000-engine operating hour milestone and is due for a complete engine overhaul, long block replacement, and other milestone replacements, as recommended by the engine manufacturer. Western Energy Systems is the exclusive authorized and certified parts and service provider for all Jenbacher products on the west coast. Staff is recommending the City execute a single source agreement with Western Energy Systems to perform the engine overhaul and other recommended milestone replacements in an amount not-to-exceed $558,500, in order to continue to provide reliable and sustainable power to the WPCF.

BACKGROUND
The WPCF utilizes anaerobic sludge digesters for solids break-down and stabilization. A byproduct of anaerobic digestion is the generation of biogas mostly (methane), which is purified and utilized to generate electricity and reduce the need to purchase energy.. Waste heat from the power generation is captured and is used to heat the digesters. In addition to cost benefits, there are significant environmental advantages to cogeneration in that the

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alternative for disposing biogas is to flare (burn) it off as a large open-air flame, which is wasteful of a renewable energy source.

In November 2014, the Jenbacher Model JGS-416 engine was commissioned by Western Energy Systems as part of the WPCF Cogeneration Upgrade Project. The engine is rated to produce 1,132 kW (kilowatts) of power. Currently, the plant demand averages approximately 950 kW on an annual average basis. Because the cogeneration system produces more energy than is required at the WPCF, PG&E savings are generated through the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) tariff, which allows energy credits to be applied to other City facilities.

In 2014, the City declined to enter into a maintenance agreement with Western Energy Systems for the cogeneration engine due to the high cost of the maintenance contract. The City staff instead has been performing most repairs and routine maintenance on the engine, while assigning only higher level and complex quarterly services to the manufacturer’s representative, Western Energy Systems, to perform. Staff anticipates that over the 10-year life of the maintenance contract, the City will have saved approximately $500,000 by a combination of self-performed and contracted maintenance with Western Energy Systems.

DISCUSSION
As mentioned above, the cogeneration engine surpassed a 60,000-engine operating hour milestone. At this milestone, the manufacturer recommends a complete engine overhaul, including a long block replacement, new wiring, and other critical services, to continue efficient operations of the cogeneration system. A “long block” replacement includes overhaul of the core engine, refurbished crankcase, refurbished crankshaft, new camshaft, new bearings, new pistons, new cylinder heads, new turbocharger, new intercooler, new exhaust manifold, new ignition system and gas mixer, among other parts and is essentially an entire engine re-build.

Staff received a quote from Western Energy Systems in the amount of $507,710 for the 60,000-hour service. An additional $50,790 (or 10% of the contract amount) is requested for administrative change orders in the event additional funds are needed for unforeseen conditions and changes during the overhaul, for a total not-to-exceed amount of $558,500.

Staff is requesting single source approval for Western Energy Systems to perform the engine overhaul and other recommended milestone replacements for the following reasons:
 Western Energy Systems is the only authorized and certified parts and service provider for all Jenbacher products on the West Coast.
 Western Energy Systems provides a warranty on Jenbacher products and services.

Work and products supplied by non-authorized and non-certified providers void the manufacturer’s warranty.
 Western Energy Systems is familiar with the WPCF as they installed and commissioned the cogeneration engine in 2014 as part of the Cogeneration Upgrade Project. Western Energy Systems also performs quarterly maintenance to the cogeneration engine.

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 Western Energy Systems focuses solely on repair and maintenance of Jenbacher engines and are highly qualified for this specialized work.  The recommended improvements are highly specialized and complex. The engine overhaul requires for the engine to be shipped to Jenbach, Austria, where the engine was manufactured, to be stripped down and fully serviced with specialized machinery. Western Energy Systems would then reinstall the engine at the WPCF, modify the engine controller cabinet and wiring system, perform vibration and performance testing, and commission and start up the engine. Only Jenbacher authorized service providers have the expertise to perform the required complex services.
 The engine overhaul is more cost effective than running the engine to failure and purchasing a new engine. Based on the 2014 cost to purchase the cogeneration engine ($1,508,434), and assuming a 10-year operational life under continuous operating conditions, it is estimated that a replacement cost of $2.6 million would be required (in 2024 dollars) for the City to purchase and install a new engine. In addition, the replacement engine may take a year for procurement and installation.

An estimated $750,000 in PG&E energy charges would be incurred while the existing engine is out of service and a new engine is ordered and installed.

ECONOMIC IMPACT
The community will enjoy the benefits of the Project, including maintaining effective treatment that provides environmental protection of the San Francisco Bay. In addition, the energy produced from the cogeneration engine is sufficient to meet the WPCF’s energy demands as well as surplus energy that generate PG&E savings through the Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT), which allows energy credits to be applied to other City facilities.

FISCAL IMPACT
The FY22-31 Capital Improvement Program (CIP) includes sufficient funding for the project in the Sewer Improvement Fund (Fund 612), Project 07679 Cogeneration System Maintenance. The Sewer Improvement Fund is an enterprise fund and does not receive any contributions from the General Fund.

STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap of Invest in Infrastructure and Confront Climate Crisis and Champion Environmental Justice.

SUSTAINABILITY FEATURES
The cogeneration process enables for biogas generated at the WPCF’s digesters to be captured as part of the treatment process to be utilized as fuel. Methane is a major component of biogas, and biogas, which is a by-product of wastewater treatment, is considered a renewable energy resource. The WPCF utilizes biogas to fuel the cogeneration

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engine to provide renewable energy and reduce the need to purchase energy. The upgrades will help the City maintain its ability to produce green energy off-setting the need to purchase power. The cogeneration process also protects the environment by beneficial reuse rather than flaring (burning) it off as a large open-flare.

PUBLIC CONTACT
All project work will be within the WPCF plant boundary and should have no impact on area businesses or the public at large; therefore, no public contact is necessary for this project.

NEXT STEPS
If Council approves, staff will work with the City Manager to execute the single source agreement with Western Energy Systems.

Prepared by: Mariza Sibal, Associate Civil Engineer
Reviewed by: Suzan England, Senior Utilities Engineer
Dan Magalhaes, WPCF Maintenance Supervisor
Recommended by: Alex Ameri, Director of Public Works
Approved by:
________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE SINGLE SOURCE AGREEMENT WITH

WESTERN ENERGY SYSTEMS FOR SERVICES TO THE JENBACHER

COGENERATION ENGINE FOR THE WATER POLLUTION CONTROL
FACILITY (WPCF) COGENERATION SYSTEM IN AN AMOUNT NOT-TOEXCEED $507,710 PLUS ADMINISTRATIVE CHANGE ORDERS IN AN

AMOUNT EQUAL TO TEN PERCENT OF THE CONTRACT
WHEREAS, the City of Hayward (City) owns and operates the WPCF, which treats an average flow of approximately eleven million gallons per day; and WHEREAS, in November 2014, the Jenbacher Model JGS-416 cogeneration engine was commissioned by Western Energy Systems as part of the WPCF Cogeneration Upgrade Project; and
WHEREAS, the cogeneration engine is rated to produce 1,132 kW (kilowatts) of power from biogas produced by the WPCF’s anaerobic digesters, exceeding plant demand, thereby generating bill credits for other City facilities through PG&E’s Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) tariff; and WHEARAS, the cogeneration engine has surpassed its 60,000-hour engine operating milestone, and the manufacturer recommends a complete engine overhaul including a long block replacement and other critical services to continue efficient operations of the cogeneration system; and
WHEREAS, staff is requesting single source approval for Western Energy Systems to perform the engine overhaul and other recommended milestone replacements because they are the only authorized and certified parts and service provider for all Jenbacher products in the West Coast; and
WHEREAS, staff received a quote from Western Energy System in the amount of $507,710 for the 60,000-hour service. An additional $50,790 (or ten percent of the total amount) is requested for administrative change orders, for a total not-to-exceed amount of $558,500; and
WHEREAS, the Adopted FY 2023 Capital Improvement Program includes sufficient funding for the project in the Sewer Improvement Fund (Fund 612), Project 07679 Cogeneration System Maintenance.

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute the single source agreement with Western Energy Systems for the 60,000-hour service to the Jenbacher cogeneration engine in an amount not-to-exceed 507,710, in addition to administrative change orders in an amount equal to ten percent of the contract amount 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 22-434
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Applied Pavement Technology, Inc., to Provide Consulting Engineering Services for the Airport Pavement Management Program (PMP) Update at Hayward Executive Airport Project in an Amount of $227,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute a Professional Services Agreement (PSA) with Applied Pavement Technology, Inc., (APTech) to provide consulting engineering services for the Airport Pavement Management Program (PMP) Update at Hayward Executive Airport Project in an amount of $206,000 with a contingency change order amount of $21,000...End

SUMMARY
The City must comply with the Federal Aviation Administration’s (FAA) requirement to keep the Airport PMP current. The last upgrade to the Airport PMP occurred in 2017 and is valid until June 2022. Keeping the PMP current ensures that Airport Capital Improvement Program projects are eligible for competitive funding from FAA, State, and other grants. The project generally consists of on-site Pavement Condition Index (PCI) inspections, a structural assessment to determine Pavement Classification Ratings (PCRS), and the development of a multi-year capital improvement program.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Applied Pavement Technology, Inc., to Provide Consulting Engineering Services for the Airport Pavement Management Program (PMP) Update at Hayward Executive Airport Project in an Amount Not to Exceed $227,000

BACKGROUND AND DISCUSSION
The main goals of this project include updating the current 2017 PMP, conducting pavement inspections, developing classification ratings, performing a geotechnical investigation, conducting a structural pavement assessment, and developing a multi-year capital improvement program for Airport infrastructure. Updating the PMP is required to stay compliant with FAA requirements.

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Staff released a Request for Qualifications (RFQ) on the City’s website soliciting proposals from consultants with experience on airport projects, which is essential for creating a successful update to the Airport PMP. The RFQ was released on August 12, 2021, and proposals were due on October 6, 2021. The City received three proposals from APTech, Applied Research Associates, and Kimley-Horn.

The method and criteria for consultant selection was identified in the RFQ. A panel consisting of the City’s Engineering Division and Airport staff independently reviewed and scored each proposal. The proposal evaluation panel unanimously determined APTech to be the best firm to update the Airport PMP.

FAA guidelines require that a reasonable fee range for the proposed scope of work be established by an independent third-party firm before the award of a contract. Staff requested an Independent Fee Estimate (IFE) analysis and range recommendation from C&S Companies for the project. C&S submitted an IFE on January 31, 2022 for the proposed scope of work. After receiving the IFE, in accordance with FAA regulations, staff requested APTech to submit a fee estimate. The fee estimate submitted by APTech was within the threshold range of the IFE.

The last upgrade to the Airport PMP occurred in 2017 and is valid until June 2022. The expiration of the current PMP would be consequential if the City were applying now for an FAA paving grant. However, the next FAA paving grant application will be submitted in March 2023, and the PMP report will be completed in January 2023, maybe sooner.

STRATEGICROADMAP
This agenda item supports Strategic Priority to Invest in Infrastructure. The agenda item specifically supports:

Project N12: Upgrade and maintain Airport Infrastructure and facilities.

N12a: Rehabilitate the pavement in phases.

N12b: Design and construct capital improvements to Airport hangars.

SUSTAINABILITYFEATURES
By applying best practices, the Updated PMP will maximize transportation dollars for economical capital improvement projects, reduce environmental impacts, and enhance the overall quality of airport operations to attract regional airport customers.

ECONOMIC IMPACT
Projects identified in the PMP will ultimately generate work for skilled and unskilled tradespeople during the construction phase.

FISCAL IMPACT

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The amount budgeted for this project is programmed in the Airport’s Ten-Year Capital Improvement Program for FY23 (Fund 621). There will be no impact to the General Fund.

The Airport is operated as a financially independent enterprise fund. It receives no financial support from the City’s General Fund and must solely rely on the revenue it generates to fund its annual operating and capital improvement budgets. FAA regulations require the Airport to be as financially self-sustaining as possible, which is also an objective of Council.

PUBLIC CONTACT
There is no public contact needed for updating the Airport PMP.

NEXT STEPS
If Council approves, the City Manager will execute the professional services agreement with APTech. The proposed schedule is:

Kick-off Meeting August 2022
Data Collection/Analysis November 2022
Draft/Final Report January 2023
Project Close-out April 2023
Prepared by: Sundaresh Begur, Associate Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH APPLIED PAVEMENT
TECHNOLOGY, INC., FOR THE AIRPORT PAVEMENT MANAGEMENT

PROGRAM UPDATE AT THE HAYWARD EXECUTIVE AIRPORT
WHEREAS, the City in August 2021 requested proposals for the Airport Pavement Management Program (PMP) Update at the Hayward Executive Airport Project for Consulting Engineering Services; and
WHEREAS, on October 8, 2021, three (3) responses to the Requests for Qualifications (RFQ) were received from Applied Pavement Technology, Inc. (APTech), Applied Research Associates, and Kimley-Horn and Associates, Inc.; and WHEREAS, an evaluation panel consisting of the City’s Engineering Division and Airport staff independently reviewed and scored each proposal and unanimously determined APTech to be the best firm to update the Airport PMP; and WHEREAS, the fee estimate submitted by APTech for the PMP Update is within the reasonable threshold range as determined by an independent third-party firm, as required by Federal Aviation Administration (FAA) guidelines; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute a professional services agreement with Applied Pavement Technology, Inc., for Consulting Engineering Services related to the Airport Pavement Management Program Update at Hayward Executive Airport Project in an amount not to exceed $227,000, in a form 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
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-436
DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Brown and Caldwell for the Preliminary Design Services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project, Project No. 07760, in an Amount Not-to-Exceed $3,849,711

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with Brown and Caldwell in an amount not-to-exceed $3,849,711 for preliminary design services for the WPCF Improvements Phase II Project, Project No. 07760.

SUMMARY
The WPCF treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements to discharge treated effluent to the deep waters of the San Francisco Bay. In May 2019, the Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the San Francisco Bay. In June 2020, the City completed a comprehensive master plan update, the WPCF Phase II Facilities Plan (Facilities Plan), to identify improvements required for the WPCF to upgrade its treatment process to incorporate nutrient reduction in the treated effluent. The WPCF Improvements Phase II Project (Phase II Project) will provide for the design, construction, and commissioning of improvements required to upgrade the WPCF secondary treatment process, along with related facility improvements. Major project elements include construction of a new biological nutrient removal (BNR) process, modifications of the existing trickling filter solids contact process, construction of a new secondary clarifier, and related ancillary facilities including pump stations, aeration blower facilities, and electrical infrastructure to support the new facilities.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 2 Printed on 7/1/2022
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File #: CONS 22-436
CITY OF HAYWARD Page 2 of 2 Printed on 7/1/2022
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DATE: July 5, 2022
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Brown and Caldwell for the Preliminary Design Services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project, Project No. 07760, in an Amount Not-to-Exceed $3,849,711

BACKGROUND
In 2009, the City completed construction of the WPCF Improvements Phase I Project that improved the reliability and efficiency of the WPCF’s secondary biological treatment and clarification processes. The major element of the Phase I project was conversion of the secondary treatment process (trickling filter) to a trickling filter/solids contact (TF/SC)

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process. This upgrade to the secondary treatment process was necessary to replace the poorly performing trickling filter/fluidized bed reactor process. Since the 2009 Improvements Phase I Project was completed, the WPCF has been operating well and has been consistently meeting its discharge permit.

In 2014, the City prepared an update to the WPCF Master Plan (2014 Master Plan Update), that included a comprehensive list of near-term and long-term improvement projects for the Capital Improvement Program (CIP) to address WPCF infrastructure needs. In addition, the master plan identified future upgrades that would be needed to meet more stringent regulatory requirements related to the discharge of ammonia, total nitrogen, and other constituents of concern. The goal of the 2014 Master Plan Update was to provide a long-term plan for the WPCF to continue improving efficiency, while providing reliable treatment, and to plan for future regulatory requirements on discharges to the San Francisco Bay (Bay).

Since the 2014 Master Plan Update was prepared, additional more stringent wastewater discharge regulations have been promulgated by the Regional Water Quality Control Board (Water Board) related to discharge of nutrients to the Bay. After reviewing the list of CIP projects largely developed based on the recommendations in the 2014 Master Plan Update, staff recommended initiating the Facilities Plan to review the recommendations and refine/modify the CIP plan. The primary goals of the Facilities Plan Project included:
 Determine the most appropriate and cost-effective technology that meets the nitrogen removal requirements.
 Take a holistic approach to develop a strategic plan which coordinates nutrient removal and water recycling.
 Perform a schematic design and site planning for the new Administration and Laboratory Building
 Identify the project elements and costs for inclusion in the next treatment facility upgrades.

On February 27, 2018, Council approved execution of a PSA with Black & Veatch (B&V) to develop the Facilities Plan to identify improvements needed to meet upcoming regulatory requirements and guide the WPCF infrastructure needs for the next 25-years. The Facilities Plan was completed in July 2019 and included development of a nutrient management strategy and related capital improvements.

Regulatory Requirements for Nutrient Reduction in Discharges to the Bay Continued nutrient loading in the Bay is a growing concern for the Bay Area water quality community. Recent data indicate an increase in algae biomass in many areas of the estuary, suggesting that the Bay’s resilience to the effects of nutrients may be declining due to a variety of contributing factors. These include natural oceanic oscillations that bring in colder waters to the Bay resulting in a reduction in the Bay’s clam population that feeds on algae. In addition, decreases in sediment inflows from mining operations and cleaner wastewater discharges have resulted in increased light penetration in the waters of the bay further contributing to algae growth.

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In the Bay, nitrogen has a large influence on algae growth and the Bay’s municipal wastewater dischargers (Dischargers) accounts for 65 percent of nitrogen loading into the Bay. To protect the Bay from the harmful effects of nitrogen, the Water Board issued the first Nutrients Watershed Permit, adopted in 2014, that required Dischargers to support scientific studies to evaluate the Bay’s response to current and future nutrient loads and to evaluate opportunities to remove nitrogen through treatment plant improvements or optimization.

Nutrient Management Strategy (NMS)
An important task of the Facilities Plan was to develop a nutrient management strategy (NMS) to meet future regulatory requirements. Prior to embarking on the Facilities Plan, the City was implementing infrastructure upgrade projects recommended in the 2014 Master Plan. The recommendations included replacement of the West Trickling Filter (WTF). The WTF, originally installed in 1982, has reached the end of its useful life and is in need of replacement.

The capital improvement program (CIP) included $19.5 million (in 2014 dollars) for replacing the WTF.

As previously stated, the existing secondary treatment process (TF/SC) has provided an effective and reliable treatment. However, the trickling filter technology is incapable of removing nitrogen. If nitrogen load limits are established when the Water Board issues the 3rd Nutrients Watershed Permit in 2024 (which is highly likely), the nitrogen levels in the WPCF’s discharge will exceed the anticipated load limit by 2027. The future nitrogen limits necessitate the WPCF to upgrade the existing secondary process to reduce the nitrogen load in the wastewater discharge to the Bay.

Rather than replacing the WTF that will not help with nutrient management, the City engaged B&V to prepare a Facilities Plan that evaluated alternative technologies and selected the most suitable biological nutrient removal (BNR) technology for the NMS to be incorporated into the WPCF Phase II Upgrade Project. The selected NMS includes incorporating the existing east trickling filter (TF) into a hybrid TF with integrated BNR process. The approach allows the City to cost effectively continue to use assets installed in the Phase 1 project while incorporating a BNR technology that can together meet the load limits established in the 2nd Water Shed Permit. The selected process is also adaptable and flexible to meet more stringent nitrogen limits in the future, if necessary. The improvements recommended in the Facilities Plan outlines a strategy for the City to achieve 30% nitrogen load reduction in the treated effluent in compliance with load limits outlined in the 2nd Water Shed Permit. 2nd Water Shed Permit & Early Actor Status for Nutrient Reduction in Discharges to the Bay On May 8, 2019, the California State Water Resources Control Board (Water Board) adopted the 2nd Nutrients Watershed Permit (Order No. R2-2019-0017) for managing nutrient discharges to the Bay. This Order, which went into effect on July 1, 2019, requires Dischargers to conduct additional scientific studies on the impacts of nutrients on the Bay. It also indicates that a load-cap based nitrogen regulatory framework (i.e., limits on kilograms of nitrogen in WWTPs discharges) will be utilized for establishing future nitrogen limits when issuing the 3rd Nutrients Watershed Permit in 2024.

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Several agencies, including the City of Hayward, with plans to substantially reduce nutrients are recognized in the 2nd Watershed Permit Fact Sheet. The benefits of being recognized as an early actor would likely mean that should the Board impose future more stringent load limits or concentration-based limits on total inorganic nitrogen (TIN), early actors will not be required to make further reductions during the design life of capital improvements assuming others who did not act to reduce nutrients can make reductions to get below future subembayment load caps. The Water Board, in recognition of the time it takes to obtain funding and to complete design and construction of improvements will grant early actors additional time under a compliance schedule to meet the 2024 3rd Nutrients Watershed Permit requirements.

It is also worth noting that the renewed Nutrient Watershed Permit requires the major dischargers to the Bay to evaluate options for nutrient discharge reduction by water recycling.

Water recycling directs nitrogen discharge load to land, which can reduce the nitrogen load to the Bay. Implementation of the recycled water project offers an additional avenue for the City to reduce the nitrogen load, therefore help increasing the time before the load limit to the Bay is exceeded. The selected NMS upgrades half of the secondary process to a BNR process while continuing to use the TF-SCT process. This provides the City flexibility in the future to manage further reductions in discharges of nitrogen either by increasing water recycling or implementing a full flow (100%) BNR.

Summary of Capital Improvement Projects
The following table presents a summary of recommended projects from the Facilities Plan, as well as other projects from the City’s CIP that are directly related and therefore are also included in the project. The Phase II Project includes the nutrient upgrades (with current estimated construction costs of $70,000,000), along with other projects recommended in the Facilities Plan and/or prior master plans prepared for the WPCF.

Table 1 – Summary of Capital Improvement Projects for the WPCF Included in the Phase II Project(1)
CIP
Project
Number
Project
Element FY 22 CIP FY 23 CIP FY 24 CIP FY 25 CIP
Preliminary Treatment Improvements
612-
07534
WPCF
Headworks
Hydraulic
Forcemain
Improvement
$1,100,000
612-
07712
WPCF Grit
Removal System $500,000 $4,900,000
Primary Treatment Improvements

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Table 1 – Summary of Capital Improvement Projects for the WPCF Included in the Phase II Project(1)
CIP
Project
Number
Project
Element FY 22 CIP FY 23 CIP FY 24 CIP FY 25 CIP
612-
07749
New Primary
Equalization
Basin
$300,000 $10,900,000
Secondary Treatment Improvements
612-
07760
WPCF Nutrient
Upgrades
Design(2)
$5,400,000 $2,600,000
Unfunded
WPCF Nutrient
Upgrades
Construction(2)
$70,000,000
612-
07750
New Final
Clarifier $ 1,500,000 $14,900,000
612-
07767
WPCF Final
Clarifier
Dewatering
System
$463,000
Non-Process Facilities Improvements
612-
07786
WPCF New
Administration
Building and
Laboratory
$20,000,000
612-
07770
WPCF
Installation of
New Double
Check Detector
Assemblies
(DCDAs) on Fire
Water Piping
$281,000
611-
07649
WPCF Access
Road
Rehabilitation
$500,000
611-
07653
WPCF Site
Waste Pump
Station
Improvements
$200,000 $900,000
611-
07674
WPCF Cross
Connection
Prevention
$300,000

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Table 1 – Summary of Capital Improvement Projects for the WPCF Included in the Phase II Project(1)
CIP
Project
Number
Project
Element FY 22 CIP FY 23 CIP FY 24 CIP FY 25 CIP
Total Combined Funds
611 and 612 in Base
Scope
$6,144,000 $4,900,000 $122,800,000 $900,000
Total Phase II Project Estimated Cost (FY22-25): $134,744,000 Optional Project Elements(3)
611-
07772
WPCF Final
Clarifier No. 2
Wall Repairs
$ 200,000
611-
07756
WPCF Coating of
Final Clarifier
No. 2 Sludge
Collector (TowBro)
$ 300,000
612-
07682
WPCF Polymer
Blending Unit
Relocation and
New Solids Line
$60,000
Total Optional Services
CIP Budget $500,000 $60,000
Total Phase II Project Estimated Cost with Optional Project Elements (FY22-25):
$135,304,000
Notes:
(1) CIP funds for each project except the nutrient upgrades design and construction costs.
(2) The nutrient upgrades include construction of biological nutrient removal (BNR) basins, modifications to the existing solids contact tanks (SCT), a primary effluent pump station, a new blower building with electrical substation and motor control centers, modifications to the existing blower building, demolition of the west trickling filter (WTF) and related site work.
(3)Inclusion of optional project elements will be determined following preliminary design work.
(4) Third party construction management costs of the Phase II project are not included in the current CIP.

DISCUSSION
The main goal of the Phase II Project is to construct improvements necessary for nutrient removal in compliance with the Water Board’s 2nd Nutrient Watershed Permit early actor provisions. The design services contemplated for this project includes funding assistance and

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environmental documentation, preliminary design, final design, engineering services during construction, startup assistance, and preparation of an Operations and Maintenance Manual.

The upcoming regulatory requirements and cost of implementing BNR facilities is not unique to the City. Other agencies are also implementing similar improvements including the City of Palo Alto (estimated construction cost of $118 million), City of Sunnyvale (estimated construction cost $150-250 million), and Union Sanitary District (planning level cost $390 million for their secondary treatment upgrades).

The project will be split into three separate bid packages. The Administration Building and Laboratory will be the first project, followed by the Primary Equalization Basin Relocation Project, and then the WPCF Improvements Phase II Project, which includes the remaining items summarized in Table 1. The primary advantage of constructing the Administration Building and Laboratory as a separate project includes being able to attract building contractors who specialize in building and laboratory construction specifically bidding as the prime (general) contractor thereby avoiding subcontractor markups. In addition, by starting the building early, Operations and Maintenance staff can move into the new building before the start of the Phase II Project thereby minimizing impacts to staff during construction of the Phase II Project.

Because most of the project improvements are located in the footprint of the WPCF’s current primary equalization basin, a separate project to relocate the equalization basin is included to shorten the overall duration of the Phase II project by clearing the way for construction of the new improvements ahead of the start of that project. Shortening the overall construction duration will save overall project costs.

Funding Assistance and CEQA Documentation
Funding assistance for the project is included in the consultants’ scope of work. Funding efforts will pursue financing under both the California Clean Water State Revolving Fund (CWSRF) loan program and the U.S. Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) program. WIFIA funding is typically at a slightly higher interest rate than SRF; however, the payback period is deferred by up to 5 years after substantial completion of the project. The SRF loan payback period begins one year after substantial completion. Up to 49% of the project cost is eligible under WIFIA funding, therefore staff will pursue both avenues of funding as part of this project.

In addition, because WIFIA utilizes federal funds, engineering services are included for the Consultant to provide environmental review and documentation (most likely CEQA+ and NEPA) in support of the funding applications.

Note that both SRF and WIFIA financing is available for a combination of projects under a master agreement, therefore financing would be available for all three bid packages. The application for funding cannot be completed until the project is well defined, typically after the preliminary design stage has been completed to allow a more accurate estimate of the project cost to be completed, and after the completion of the necessary environmental reviews of the project.

Design Scope of Services

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The following paragraphs briefly describe the base scope and optional services tasks.

Preliminary Treatment Improvements

1. WPCF Headworks Hydraulic Forcemain Improvement – Project No. 612-07534: The Headworks influent pump station is currently unable to pass peak hour flows during wet weather events. The project includes review and design of improvements to resolve the hydraulic bottleneck.

2. WPCF Grit Removal System – Project No. 612-07712: The Facilities Plan recommended replacing the existing North Vacuator with a new grit facility designed to treat peak wet weather flows. The North Vacuator, constructed in 1958, functions to remove scum, floatable materials, and grit from the influent waste stream. The North Vacuator provides satisfactory performance under dry weather conditions, however due to hydraulic restrictions, it is not capable of treating the entire plant flows under wet weather conditions. In addition, the process is highly corrosive, and previous condition assessments have identified significant improvements required to extend its useful life including application of interior coatings, concrete repair, and new interior rake arms and scum beach. A new grit facility will be designed to treat the peak wet weather flows and will enable the City to discontinue use of the North Vacuator.

Primary Treatment Improvements

1. New Primary Equalization Basin – Project No. 612-07749: The purpose of the Primary Clarifier Equalization Basin (EQ Basin)is to store primary effluent when wet weather flows exceed the secondary treatment capacity at the plant. Currently, flows are automatically diverted to the EQ Basin when flows exceed approximately 35 million gallons per day (mgd). Most of the secondary treatment improvements identified in the Facilities Plan are sited in the location currently occupied by the EQ Basin. Therefore, the EQ Basin must be relocated to make room for the new treatment facilities.

Secondary Treatment Improvements

1. WPCF Nutrient Upgrades Project – Project 612-07760: The Facilities Plan evaluated and recommended a BNR treatment process designed to achieve a 30% soluble total inorganic nitrogen (sTIN) load reduction as required by the 2nd Watershed Permit, or a sTIN concentration of less than 20 mg/L. To achieve this, the existing solids contact tanks must be modified to bio-flocculation basins, and a new extended biological nutrient removal (BNR) basin constructed. Ancillary facilities include a primary effluent pump station, a new blower building, modifications to the existing blower building currently serving the solids contact tanks, and a new 12-kV substation with switchgear and distributed power to new motor control centers. Demolition of the West Trickling Filter is also included.

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2. New Final Clarifier – Project 612-07750: The Facilities Plan modeled the final clarifier capacity under dry weather maintenance conditions (when one unit is out of service) and determined the final clarifiers would be overloaded by 2025 which could lead to excessive solids leaving the WPCF. A third final clarifier is recommended to increase the WPCF firm capacity through the design life of the improvements (or 25-years). An associated return activated sludge and waste activated sludge pumping systems are also included.

3. WPCF Final Clarifier Dewatering System – Project 612-07767: The existing groundwater dewatering system for Final Clarifiers 1 and 2 installed in the 2009 Improvements Phase I Project have failed and are causing the final clarifiers concrete walls and slabs to crack. Cracking leads to reinforcement corrosion caused by migration of water through the concrete substrate which has caused the concrete to start to spall.

This condition is exasperated when the clarifiers are taken out of service for annual maintenance. It has also been observed that the bottom slabs of the clarifiers have heaved due to groundwater pressure resulting in extensive cracking of the slabs. A groundwater dewatering system is required to relieve hydraulic pressure by allowing the surrounding groundwater to be lowered prior to dewatering the final clarifiers. The Phase II Project includes a hydrogeological study to evaluate the feasibility of installing a groundwater dewatering system. In addition, a structural evaluation is included to determine the best method to repair the clarifier spalled concrete and cracking in order to extend the operating life of the clarifiers. Optional services are included for concrete repairs pending outcome of the structural evaluations.

Non-Process Facilities Improvements

1. WPCF New Administration Building and Laboratory – Project 612-07786: The existing Administration and Laboratory Building was originally constructed in 1970 and subsequently expanded in 1994 to accommodate increased laboratory space requirements. Since it was last modified, the WPCF has seen increased staffing levels due to increasing regulatory requirements, and consequently the existing facilities can no longer efficiently accommodate the space needs and functional requirements of daily operations. The Facilities Plan included space planning for both the administration building and laboratory to adequately house WPCF staff and accommodate laboratory functions required in the future. The project includes construction of a two-story administration/operations building and a one-story laboratory building linked by a shared lobby space to accommodate the space need of 19,750 square feet. A preliminary design step will be performed to review and confirm the initial space planning needs, as well as to assess cost savings measures that should be incorporated into the design given the current building climate. An evaluation of a possible two-phased construction will be performed with essential building spaces included in the initial phase, and non-essential spaces deferred to a second phase.

2. WPCF Installation of New Double Check Valve Detector Assemblies (DCDAs) on Fire Water Piping – Project 612-07770: The City requires above ground DCDAs on all new fire supply services to ensure the city's potable water mains are protected against cross

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connections or backflows. The WPCF has three fire supply lines currently that are not protected by a DCDA. The Phase II Project will include provisions to add DCDAs on the existing fire lines.

3. WPCF Access Road Rehabilitation – Project 611-07649: The City’s CIP includes funding for upgrades to the WPCF’s access roads which are deteriorated and in need of repairs.

It is expected most of the WPCF’s interior access roads will be negatively impacted by construction of the upgrades. The Phase II Project includes provisions to rehabilitate the existing WPCF access roads following substantial completion of the new improvements.

4. WPCF Site Waste Pump Station Improvements – Project 611-07653: The Site Waste Pump Station (SWPS) is designed to collect waste, drain, and storm water flows within the WPCF boundary, and pump back to the treatment process for treatment. The Phase II Improvements are expected to result in an increase in flows to the station due to new process drain flows, increased storm water flows from newly paved areas, and other waste flows being directed to the station. Pumping and piping improvements are included to handle the increased flows to the SWPS. In addition, concrete repairs and coatings are included to address on-going corrosion issues at the station.

5. WPCF Cross Connection Prevention – Project 611-07674: Potable water, non-potable water, and recycled water are used for various purposes at the WPCF. Typically, potable water is not cross-connected with non-potable water due to potential for crosscontamination. Currently the WPCF has potable water demands that are served by nonpotable water sources that need to be re-plumbed to be on potable water only. The Phase II Project will be expanding the use of all three types of water systems throughout the treatment plant and fixing the existing cross connection issues will be included in the improvements.

Optional Services

1. WPCF Final Clarifier No. 2 Wall Repairs – Project Number 611-07772: Final Clarifier No. 2 was taken out of service in summer of 2019 for coating of the internal clarifier mechanism. Following completion of coatings it was noted that the concrete wall was spalling due to delamination or corrosion of the reinforcing steel caused by water intrusion through cracks in the concrete. The floor slab was also noted to have cracked extensively due to heaving. Pending the outcome of the structural evaluation of the concrete, optional services are included to design the repairs of the concrete.

2. WPCF Coating of Final Clarifier No. 2 Sludge Collector (Tow-Bro) – Project Number 611- 07756: The internal surface of the sludge collector device (tow-bro) inside Final Clarifier No. 2 was observed to be in poor condition during a recent inspection and the need for coating was confirmed. It is anticipated this will result in a prolonged outage for Final Clarifier No. 2, therefore this work will be completed after implementing improvements to deal with the failed groundwater dewatering system.

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3. WPCF Polymer Blending Unit Relocation and New Solids Line – Project Number 612- 07682: The WPCF currently injects polymer into the waste sludge line from the anaerobic digesters prior to pumping to the sludge drying beds. Prior to the 2009 Improvements Phase I Project, the polymer dosing location was located much closer to the sludge drying beds. Polymer dosing into the sludge line is intended to promote solids to agglomerate and grow into larger solids that are easier to dewater. However, excessive pumping distances and turbulence in the pipeline can cause the solids to shear reducing the effectiveness of the polymer. Relocating the polymer facility closer to the sludge drying beds will improve the effectiveness of the polymer dosing system and is anticipated to save operating (chemical) costs.

Consultant Selection
On March 15, 2022, staff issued a request for proposals to three engineering firms with experience in the design and construction of major plant upgrades including implementing a new biological nutrient removal process of the kind outlined in the Facilities Plan. On April 26, 2022, the City received three proposals from 1) Black & Veatch; 2) Brown and Caldwell; and 3) Carollo Engineers. All three teams were invited to interview for the project on May 23. Staff evaluated the three proposals using defined criteria, such as experience of the project team, experience with similar successful projects, knowledge and technical expertise, responsiveness to the scope of work, innovative ideas and approach, and appropriateness of level of effort given the project scope. Similarly, consultant teams were also ranked during the interview process with the added feature of responses to City’s questions on their proposals and approach.

While each of the three teams are highly qualified for the project with outstanding qualifications and experience on similar projects, in staff’s view, Brown and Caldwell’s proposed project team, qualifications, innovative ideas, and responsiveness to the City’s scope of work was ranked as the best team to meet the City's needs. Brown and Caldwell achieved a higher rating in the selection criteria by providing a solid and innovative approach to the engineering design and proposing a knowledgeable and experienced project team that has worked together on similar projects for other agencies in the Bay Area. Brown and Caldwell have also completed several key projects for the City including the 2017 Primary Clarifier Conversion Project, and a very similar project in terms of scale, the 2004-2009 WPCF Improvement Project Phase I.

Staff have reviewed the proposed scope of work and has negotiated a final scope of work and fee of $14,584,428 for final design services and $6,609,315 for bid period services and engineering services during construction, which includes development of an O&M manual and startup and commissioning support services. Optional services also include, for a not-to-exceed fee of $1,294,734, tasks that may or may not be authorized pending the outcome of preliminary design work. Due to uncertainties in the design scope of this kind of complicated work, staff is requesting an additional $2,248,848 in contingency funds (or 10% of the total design fee) to cover additional design tasks and/or engineering services during construction if needed. Staff will utilize contingency funds only after detailed review, on a case-by-case basis, and if

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necessary for successful completion of the project. The total design fee with contingency will be for a not-to-exceed fee of $24,737,324.

The total estimated construction cost at the midpoint of construction (1/1/2027) is estimated to be between $125 to $169 million assuming 4% inflation, and allowing for a planning level factor of +35% over the estimated construction cost. The range is typical of planning level cost accuracy of -15% to +50%. The fee for the total final design services including optional services is between 9.4 to 12.7% of the estimated total construction cost, which is reasonable given the scope of work and the nature of the complicated retrofit projects. The engineering services during construction are between 4.1 to 5.3% of total construction cost, which is reasonable for these types of projects especially given the addition of a plant Operations and Maintenance Manual (required as part of the Water Board permit), and the inclusion of training and commissioning support services.

Staff is requesting preliminary design services be awarded in the amount of $3,849,711.

Although staff is requesting for award of preliminary design at this time, Brown and Caldwell will also provide future design and construction services. Staff will return to Council in early 2023 to request awarding the remainder of the scope to include final design, bid period services, engineering services during construction, optional task items and contingency in the amount of $20,887,613.

ECONOMIC IMPACT
Many of the Phase II improvements were identified in the 2014 Master Plan update and are funded in the adopted Capital Improvement Program. The Phase II Project includes a new BNR facility to address the nutrient load limits in the 2nd watershed permit, as well as related projects from the City’s CIP. This proactive approach will result in the City being identified as an “early actor” by the Control Board and provide protection against having to implement additional, potentially more costly improvements over the design life of the facility if the regulations change.

It is anticipated that these improvements will affect sewer service rates and sewer connection fees; however, the extent to which rates will need to be adjusted cannot be determined with certainty at this point. Staff anticipates that customers could see a significant impact of 20% or more over the current rates. Staff intends to aggressively pursue grants and low-interest loans to minimize the impact to customers. It is also worth noting that Hayward’s sewer-related fees are currently among the lowest in the area and that all wastewater treatment facilities discharging to the San Francisco Bay will ultimately be required to implement nutrient removal technologies.

FISCAL IMPACT
The not-to-exceed professional services contract amount will be $24,737,324. This is a multi-year contract that covers design through the completion of construction including startup assistance and training. This project is anticipated to take six years to complete. Staff

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is requesting approval for the preliminary design stage only at this time in the amount of $3,849,711.

The funding for this contract will be allocated from the Sewer Improvement Fund, 612- 07660. A total of $8 million is available for design services in FY2023. Staff will return in early 2023 to request award of the remaining portion of the PSA in the amount of $20,887,613 to cover the remaining cost of the design fee.

Staff is planning to apply for a State Revolving Fund loan, and funding from WIFIA to finance the project. Both funding sources can be applied to fund multiple projects, as well as to retroactively reimburse for engineering design services. As the design progresses, the estimated project cost is expected to be adjusted, especially as construction costs become better defined in the future as the design is more complete. Budget adjustments will be brought forward to Council through the annual budget approval process.

STRATEGIC ROADMAP
This agenda item supports the Complete Communities Strategic Initiative. The purpose of the Complete Communities initiative is to create and support structures, services, and amenities to provide inclusive and equitable access with the goal of becoming a thriving and promising place to live, work and play for all. The Facilities Plan identifies WPCF infrastructure needs and improvements to increase the reliability of the City’s treatment plant, further supporting the goals of Council.

Goal 3: Confront Climate Crise & Champion Environmental Justice.

Objective 3: Mitigate climate crisis impacts through resilient design and community engagement – the Phase II Project will evaluate the effects of sea level rise and incorporate mitigation measures into the design of the new facilities.

Goal 4: Invest in Infrastructure.

Objective 3: Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers – Design the WPCF Facility Improvements Phase II Project.

SUSTAINABILITY FEATURES
The WPCF Improvement Project Phase II will help maintain and improve the biology and health of the San Francisco Bay which is vital for the region and the State. The Phase II Project will also satisfy the early actor requirements specified in the 2nd Watershed Permit to reduce nitrogen loads to the Bay.

The effects and risks of rising sea water levels will be reviewed and incorporated into the design of the new facilities.

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Hayward City CouncilJuly 5, 2022

Hayward City Council
July 5, 2022