Council Packet — Hayward City Council, December 6, 2022 (part 1 of 2)

Tuesday, December 6, 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

December 6, 2022City Council Agenda

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

How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/89416478079?pwd=MWRIa1htckdHRFN4ZzZuNWoxZDI1Zz09 Meeting ID: 894 1647 8079
Password: CC12/6@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 894 1647 8079
Password: 4640117730
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 Lamnin

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

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December 6, 2022City Council Agenda

PRESENTATION
Certificate of Commendation Presented to Senator Bob Wieckowski

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

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

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

CONSENT
Approve the City Council Minutes of the City Council Meeting on November 1, 2022
MIN 22-1291.

Attachments: Attachment I Draft Minutes of 11/1/2022
Approve the City Council Minutes of the City Council Meeting on November 15, 2022
MIN 22-1402.

Attachments: Attachment I Draft Minutes of 11/15/2022
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 22-6593.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit to Resolution

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December 6, 2022City Council Agenda
Adopt a Resolution Accepting the Resignation of Ms. Gordean Lum-Villiados from the Keep Hayward Clean and Green Task Force, Effective Immediately
CONS 22-6744.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Accepting the Resignation of Ms. Arti Garg from the Community Services Commission, Effective
Immediately
CONS 22-6725.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Accepting the Resignation of Mr. Zachariah Oquenda from the Planning Commission, Effective Immediately CONS 22-6616.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Appointing Ms. Arti Garg to the Planning Commission to Fill the Unexpired Term of Mr. Zachariah
Oquenda
CONS 22-6627.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Rescinding a Portion of the Previously Adopted Resolution 20-065, Regarding Approval of a Financing Model that Supports the Development of Middle-Income
Affordable Housing and Authorization of the City Manager to Execute Purchase Option Agreements with the California
Community Housing Agency
CONS 22-6488.

Attachments: Attachment I Staff Report
Attachment II Resolution

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December 6, 2022City Council Agenda
Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Brown and Caldwell to Increase the Contract Amount by $4,800,000 to a Total
Not-to-Exceed Amount of $8,649,711 for Final Design Services for the Administration and Laboratory Building, and Primary Effluent Equalization Basin Relocation Projects, and
Geotechnical Investigation Services for the Water Pollution Control Facility Improvements Phase II Project No. 07760 CONS 22-6639.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Supporting East Bay Municipal Utility District’s (EBMUD) Grant Funding Application for the
Implementation of Management Actions and Projects in the City/EBMUD Jointly Prepared East Bay Plain Subbasin
Groundwater Sustainability Plan
CONS 22-66510.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Demonstrating Compliance with State
Housing Laws per the Metropolitan Transportation
Commission and One Bay Area Grant Funding Requirements
CONS 22-66611.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Agreement with Workforce Integrity and Training Solutions, LLC for Labor Compliance
Coordination Services in the Amount of $200,000 for a Total Not-To-Exceed Amount of $372,000 and for Extension of the Agreement to December 31, 2023
CONS 22-67612.

Attachments: Attachment I Staff Report
Attachment II Resolution

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December 6, 2022City Council Agenda
Adopt a Resolution Amending Resolution 22-087 to Apply as Joint Applicant with EAH, Inc for the California State
Department of Housing and Community Development
California Housing Accelerator Limited Accelerator Project Gap Funding Program
CONS 22-67813.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution 22-087
Attachment IV Income and Rent Limits
Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2023 Pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act CONS 22-67914.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept $8,558,902 in State Library Grant Funds for Construction of the Stack Center and to Execute Associated Grant Agreements CONS 22-68015.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Lease Agreement with the Alameda County
Deputy Sheriffs’ Activities League to Expand the Commercial Kitchen at the Matt Jimenez Community Center and Operate the Commercial Kitchen Incubator Program
CONS 22-68116.

Attachments: Attachment I Staff Report
Attachment II Resolution

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December 6, 2022City Council Agenda
Adopt Resolutions Authorizing the City Manager to: (1) Accept and Appropriate Funds Awarded by the California State
Legislature under Assembly Bill 179 in an Amount up to $5.4 Million for the City’s Scattered Site Housing Program, and Negotiate and Execute Documents and Any Subsequent
Amendments, Modifications, or Documents Thereto with the California State Department of Housing and Community
Development; and (2) Negotiate and Execute Loan Documents between the City of Hayward and Bay Area Community
Services in an Amount Not-to-Exceed $5.4 Million to Acquire and Rehabilitate a Minimum of Three Single-Family Homes for the City’s Scattered Site Housing Program, for which the California Environmental Quality Act Does Not Apply
CONS 22-68217.

Attachments: Attachment I Staff Report
Attachment II Resolution to Accept and Appropriate Funds Attachment III Resolution to Negotiate and Execute Loan Adopt a Resolution Authorizing the City Manager to 1)
Negotiate and Execute an Agreement with Eden Health District (EHD) for the Award of $250,000 to the City for the Acquisition of the St. Regis Retirement Center; (2) Accept and Appropriate the Funds Awarded by EHD; and (3) Negotiate and Execute an Agreement for Transfer of the $250,000 in Funds from the City to Bay Area Community Services for Down Payment Assistance to Acquire the St. Regis Retirement Center
CONS 22-68418.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Accepting the Fiscal Year 2023 Statement of Investment Policy and Delegation of Authority
CONS 22-68619.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Statement of Investment Policy Review Memo Attachment IV FY 2023 Statement of Investment Policy

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December 6, 2022City Council Agenda
Adopt a Resolution Accepting Transmittal of the Annual
Mitigation Fee Act Report (AB1600)
CONS 22-68720.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Annual Report of Development Fees
Adopt a Resolution Authorizing the City Manager to Execute a Letter of Intent with the Alameda County Fire Department to Negotiate the Terms of a Proposal for Ambulance Services and/or Emergency Medical Services in Alameda County
CONS 22-69821.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Letter of Intent

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December 6, 2022City Council Agenda

PUBLIC HEARING
Density Bonus Ordinance: Introduce an Ordinance Related to Text Amendments to Chapter 10 (Planning, Zoning, and
Subdivisions) of the Hayward Municipal Code for the Adoption and Updates to the City’s Density Bonus Ordinance and Adopt a Resolution Supporting the Proposed Zoning Text Amendments and Approving an Addendum to the Hayward 2040 General
Plan Environmental Impact Report for the Administration of a New Density Bonus Program in the City of Hayward (Report from Assistant City Manager/Development Services Director Ott)
PH 22-06522.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Draft Ordinance
Attachment IV CEQA EIR Addendum
Attachment V Recommendations Not Supported By Staff
Attachment VI Stakeholder Interview Comments
Attachment VII Draft Planning Commission Minutes 11/10/22

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

Smoke-Free Multi-Family Housing: Proposed Timeline for
Updated Regulations
RPT 22-11123.

Attachments: Attachment I Staff Report

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

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.

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December 6, 2022City Council Agenda
City Council Referral: Hayward Family Resource Center (Report from Council Members Andrews and Wahab)
RPT 22-11324.

Attachments: Attachment I Council Referral Memo

ADJOURNMENT
NEXT SPECIAL MEETING, December 13, 2022, 6:00 PM

INSTALLATION OF MAYOR-ELECT SALINAS AND

COUNCIL MEMBERS-ELECT JULIE ROCHE AND GEORGE SYROP

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

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

PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].

Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-129
DATE: November 15, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on November 1, 2022

RECOMMENDATION
That the Council approves the City Council meeting minutes of November 1, 2022.

SUMMARY
The City Council held a meeting on November 1, 2022.

ATTACHMENTS
Attachment I Draft Minutes of November 1, 2022
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Hybrid (Council Chamber) Virtual Platform (Zoom)
https://hayward.zoom.us/j/85407475291?pwd=MzZiVDdBWjNJSTVOdFkrOTYwVnhLUT09 Tuesday, November 1, 2022, 7:00 p.m.

The City Council meeting was called to order by Mayor Halliday at 7:00 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Council Member Andrews was joined by members of the Castro Valley Cub Scout Pack 765 in leading the pledge of allegiance.

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

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in c losed session with all members present and no public comments, pursuant to Government Code Sections 54956.9(d)(2) and 54956.9(e)(1) regarding two anticipated litigation cases. As to the first matter, based on fa cts and circumstances that warrant the initiation of litigation by the City, the Council gave direction to staff but otherwise took no reportable action. As to the second matter, based on facts and circumstances that could lead to the initiation of litigation against the City, the Council gave direction to staff but otherwise took no reportable action. Council Member Wahab was absent during discussion of the second matter. The closed session adjourned at 6:38 p.m.

PUBLIC COMMENTS

Ms. Peggy Guernsey , Hay ward resid ent, thanked Mayor Halliday for her service to the community during her tenure; and expressed concerns ab out the uncleanliness of the city, vacant storefronts, lack of recreational options, and disruption in service of AC Transit bus lines, among other concerns.

The following individuals expressed c oncern that street vendors do not adhere to food regulations, d o n ot follo w health and sanitation policies ; noted Senate Bill 972 provides protections for street vendors but also outlines regulations; inquired how cash s ales were being reporte d; suggested that street vendors be located in a designated area away from already established businesses ; advocated for the city to evaluate issues experience d by businesses in low-income communities; and urged Council to find solutions.

Ms. Lesly Garcia, Xenias Gelato businessowner
Mr. Jorge Flores, Don Polveron Bakery owner
Mr. Alfonzo Perez, Taqueria La Placita representative
Mr. Raul Martinez, Don Gaspacho Ice cream shop
Mr. Gino Altamirano, South Hayward Now representative
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Mr. Bob Mackay expressed his discon tentment with the structure o f the public comment period and commented the Council should enable grievances to be addressed during public comments without suppression.

Ms. Suzanne Luther , Hayward Concerned Citizen s representative suggested that Council address the matter with street vendors sooner than at the start of 2023; and not ignore the concerns of low-income minority South Hayward business owners.

Mayor Halliday shared that the matter would be on a future City Council age nda, advised speakers to share t heir contact, an d suggested h olding a com munity meeting before the Council meeting.

City Manager Mc Adoo added that if peopl e were being disruptive to business establishments, the Hayward Police Department (HPD) could be of ass istance; an d n oted the matter would come before Council after the December business closure.

Members of the City Cou ncil thanked the South Hayward community for bringing the matter to Council ’s attention; were in favor of addressing the matter within a month and having staff review short te rm as well as long term solutions for all interested parties ; acknowledged that while the issue was predominantly occurring in South Hayward, it was occurring th roughout the ci ty and staff was reviewing to adop t an effective p olicy; an d asked if it would be possible t o look into which agencies are administering the permits , how permits are reviewed and the locations where vendors are operating.

City Clerk Lens provided November 8, 2022 General Municipal Election information related to California Voter’s Choice Act, 24-hour drop box and vote center locations, and referred to the City E lection webpage for additional information. Mayor Halliday thanked City Clerk Lens and her office fo r helping to en sure that E lection Day runs smoothly a nd expressed gratitude for the election’s process.

Council Member M árquez reminded the public to make sure to sign the ir ballots before returning them and make sure signatures match the one on file.

CITY MANAGER’S COMMENTS

City Manager McAdoo announced the City was hosting the 2022 Fall Compost Giveaway on November 5, 2022 at 1401 Golf Course Road, beginning at 7:30 a.m.

CONSENT

Council Member Andrews recused herself from discussing and voting on Consent Item No 5 due to a potential conflict of interest.

1. Approve the City Council Minutes of the City Council Meeting on October 18, 2022 MIN 22- 125
It was moved by Council Memb er Márquez, seconded by Council Member Zermeño, and carried unanimously, to approve the minutes of the City Council Meeting on October 18, 2022.

2. Adopt a Resolution Approving Plans and Specifications, and Calling for Bids for the Municipal Parking Lots No. 7, D -1 and D -2 Improvement Project No. 05296

Staff report submitted by Public Works Director Ameri, dated November 1, 2022, was filed.

It w as moved by Cou ncil Member Márquez, seconded by Council Membe r 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 22-266, “Resolution Approving Plans and Specifications and Call for Bids for Municipal Parking lot nos. 7, d-1 and d-2 Improvement Project, Project no. 05296”

3. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Site License Agreement with East Bay Community Energy for Electric Vehicle Charging at Mult iple Locations CONS 22-609

Staff report submitted by Public Works Director Ameri, dated November 1, 2022, was filed.

It w as moved by Cou ncil Member Márquez, seconded by Council Membe r 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

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Resolution 22 -267, “ Resolution Authorizing the City Manager to Negotiate and Execute a Master Site License Agreement with East Bay Community Energy for Electric Vehicle Charging at Multiple Locations”

4. Adopt a Resolution Approvi ng P lans and Specifications, and Calling for Bids for the Municipal Parking Lots No. 8 Improvement Project No. 05740 CONS 22-610

Staff report submitted by Public Works Director Ameri, dated November 1, 2022, was filed.

It w as moved by Cou ncil Member Márquez, seconded by Council Membe r 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 22-268, “Resolution Approving Plans and Specifications and Call for Bids for Municipal Parking lot no. 8 Improvement Pr oject, Project no. 05740”

5. Adopt a Resolution: (1) Authorizing the City Manager to Negotiate and Execute the First Amendment to the Disposition and Development Agreement with Eden Housing, Paci fic West Communities, and Strategic Growth Partners and Other Affiliated Entities for Transfer of Specified City Owned Properties within Parcel Group 3 and Amendments to Exhibits Attached Thereto Including the Restrictive Use Covenant Agreement; and (2) Approving Modifications to the Parcel Group 3 Affordable Housing Plan (Planning Application #202001594) CONS 22-618

Staff report submitted by Assistant City Manager Ott, dated November 1, 2022, was filed.

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

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

Resolution 22 -270, “ Resolution Authorizing the City Manager to Negotiate and Execute the First Amendment to the Disposition and Development Agreement with Eden Housing, Pacific West Communities, and Strategic Growth Partners and Other Affiliated Entities for Transfer of Specified City Owned Properties Within Parcel Group 3 an d Amendments to Exhibits Attached Thereto Including the Restrictive use Covenant Agreement; and Approving Modifications to the Parcel Group 3 Affordable Housing Plan (Planning Application #202001594)”

6. Adoption of a Resolution Supporting Public Bank East B ay and Authorizing a Letter of Support to the Alameda County Board of Supervisors CONS 22-624

Staff report submitted by Finance Director Claussen, dated November 1, 2022, was filed.

It w as moved by Cou ncil Member Márquez, seconded by Council Membe r 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 22-269, “Resolution Approving the Support of Public Bank East Bay and Letter of Support to Alameda County Board of Supervisors Fully Supporting its Participation in Public Bank East Bay”

Council Member Andrews rejoined the Zoom meeting.

PUBLIC HEARING

7. Building and Fire Code Updates: Introduction of Ordinances and Adoption of Resolutions Adopting the California Code of Regulations 2022 Edition of Title 24, Including the 2022 Building, Fire, Plumbing, Mechanical, Electrical, Energy and Green Building Codes, and Related Amendments (Report from Assistant City Manager/Development Se rvices Director Ott and Fire Chief Contreras) PH 22-056

Staff report submitted by Assistant City Manager/Development Services Director Ott and Fire Chief Contreras , dated November 1, 202 2, w as filed.
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Assistant City Manager/Development Services Director Ott introduced City Building Official Noorzad who provided a synopsis of the staff report.

In response to Council Member Andrews’ inquiry if Green Building requirements made it easier to get Leadership in Energy and Environmental Design (LEED) certified, City Building Official Noorzad responded that LEED was a part of the building process, it guides the design of the building, and provides the industry with a sustainable tool kit.

There being no public speakers, Mayor Halliday opened and closed the public hearing at 8:01 p.m.

Council Member Salinas m ade a motion per staff ’s recommendation and Council M ember Zermeño seconded the motion.

Council Member Lamnin asked if the motion maker and seconder were amenable to removing gender specific language in the Fire Code.

City Manager McAdoo noted that Council Member Lamnin had pointed out that her suggestion to remove gender specific pronouns was to be consistent wi th the changes made t o the Hayward City Charter.

Council Member Salinas and Council Member Zermeño accepted the friendly amendment.

It was moved by Council Member Salinas, seconded by Council Member Zermeño, including a friendly amendment to remove gender specific pronouns in the Fire Code, 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 22-271, “Resolution Finding and Determining the Need for Changes or Modifications to the 2022 California Building Code”

Resolution 22-272, “Resolution Finding and Determining the Need for Changes or Modification to the California Fire Code, 2022 Edition”

Ordinance 22-09, “An Ordinance Establishing a Building Code for the City of Hayward; Regulating the Construction, Alteration, Repair, and Maintenance of Structures; Providing for the Issuance of Permits and Collection of Fees; Repealing Chapter 9 Article 1, and All Amendments Thereto”

Ordinance 22-10, “An Ordinance Establishing a Fire Prevention Code for the City of Hayward; Adopting the California Fire code, 2022 Edition, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion; Providing for the issuance of Permits and Collection of Fees; Providing for Penalties for Violation, a nd Repealing Ordinance no. 19-20, as Amended, and all Other Ordinances and Parts of Ordinances in Conflict Therewith”

8. Reach Code: Introduction of Reach Code Ordinance: 1) Addressing New Building Electrification; 2) Addressing Electric Vehicle Charging Requirements; and 3) Repealing Current Reach Code (Ordinance 20-05) (Report from Public Works Director Ameri) PH 22-058

Staff report submitted by Public Works Director Ameri, dated November 1, 2022, was filed.

Environmental Servic es Manager Pearson provided a synopsis o f t he staff report and acknowledged that the East Bay Community Energy (EBCE) submitted a letter of support for the proposed all electric reach codes for the City of Hayward.

Members of the City Council thanked City staff for the presentation, community meetings and outreach.

In response to Council Member Andrews’ interest for accomplishing undergrounding utilities as a part of the electrification requirement for buildings, Environmental Services Manager Pearson indicated he believed undergrounding utilities was more of an engineering standard and staff could further explore this request.

In response to Council Member Márquez ’s request for staff to elaborate on a 100% gas ban, staff’s preparedness in re ceiving applications from life science developments , and tax incentives or state funding to offset the cost of building infrastructure for electric vehicle (EV) stations, Environmental Services Manager Pearson noted that by not requiring a 100% gas ban for some indust rial uses Hayward would give the industry t ime to adapt and with sufficient notification a ban could be accomplished by January 2026. As to applications from life science developments, Mr. Pearson stated staff did not anticipate any challenges and if a gas ban was enacted, staff would evaluate how other cities were addressing this and staff was not aware of any incentives for EV charging stations.

In response to Mayor Halliday’s inquiry as to why the cost of the high power (40-amp) Level 2 charger with two plugs was more than double the cost of a single charger, Environmental Services Manager Pearson conjectured that t he cost could be due to the double charger allowing two vehicles to charge at t he same time, noting there could be extra equipment 8 | N o v e m b e r 1 , 2 0 2 2
modulating the power going to each vehicle.

In response to Mayor Halliday’s inquiry as to another benefit of a tankless water heater, Environmental Services Manager Pearson said that the distance that the tankless water heater is from the faucet can also contribute to the time it takes to receive hot water.

There being no public comments, Mayor Halliday o pened and cl osed the public hearing at 8:23 p.m.

Mayor Halliday, also Chair of the Council Sustainability Committee, made a motion to move staff’s recommendation.

Council Member Zermeño, also member of the Council Sustainability Committee, seconded the motion and staff’s recommendation to achieve a zero-carbon footprint in the future.

Council Mem ber Lamnin emphasized that indivi dual electric me ters be used for newer construction; supported the ban on g as infrastructu re as recomm ended by staff for environmental reasons; appreciated the information on technology advancements given the location of the city and the Hayward fa ult line; and encouraged staff to continue to thi nk strategically about new technologies, industry needs, and grid infrastructure.

Mayor Halliday noted that the Council Sustainability Committee evaluated the proposed policy thoroughly and acknowledged that Council Member Márquez served on the committee.

It was moved by Mayor Halliday, seconded by Council Member Zermeño, 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 22-273, “Resolution Finding and Determining the Need for Adoption of Modifications to the 2022 California Building Standards Code”

Ordinance 22-11, “An Ordinance Establishing Reach Codes for the City of Hayward; Repealing Ordinance 20-05; Adopting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 ( California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations); and Amending the City’s Off-street Parking Regulations (Chapter 10, Article 2) of the hayward municipal code”

INFORMATIONAL ITEM

9. Informational Report Describing the Appointment and/or Special Election Process for City Council Vacancy

Staff report submitted by City Manager McAdoo, City Attorney Lawson, and City Clerk Lens, dated November 1, 2022, was filed.

The item was presented as general information for Council and the public; there was no action taken or requests to speak on the item.

Council Member Márquez stated that during the 2014 appointment process, there was a threshold that h ad to be met where four or fi ve Council members’ support was needed to advance a qualifying applicant, and requested that this be confirmed.

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Sa linas th anked Library and Maint enance staff for hosting and helping organize a successful Trunk or Treat event on October 29, 2022.

Council Member Andrews echoed Council Member Salinas’ comments and thanked Lib rary and Main tenance staff for their help wit h th e Tr unk or Treat event ; acknowledged all Halloween events occurring over the weekend ; and emphasized the importance of hav ing events at night to give youth alternatives.

Council Member Márquez reported that on October 24, 2022 an invasive mosquito called Aedes Aeg ypti was located in a nearby landfill in Milpitas and encouraged the p ublic to subscribe to news updates and press releases from the Alameda County Mosquito Abatement District; acknowledged all of the family-friendly Halloween events tha t we re held over the weekend; attended the event hosted by Glad Tidings Ch urch; and agreed with comments expressed by Council Member Andrews to have more evening events that were free for people of all ages.

Council Member Salinas expressed that it was a pleasure for him to work with Mayor Halliday over the years, noted they had developed a great professional relationship as colleagues, and underscored his respect for the work done by her during her tenure.

Mayor Halliday appreciated the comments made by Council Member Salinas expressing that Hayward would be in good hands; noted she enjoyed the Trunk or Treat event at the Heritage Plaza; and shared a poem written by Poet Laureate Bruce Roberts.

10 | N o v e m b e r 1 , 2 0 2 2
Council M ember And rews stated there w ere increased activities wi th t heft of cat alytic converters; shared the Etch and Protect program started by Bay Are a c ities to identify information on catalytic converters; and noted she would be working on a Council referral.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the meeting at 8:43 p.m.

APPROVED

__________________________________________________________ Barbara Halliday
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-140
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Clerk

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

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

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

ATTACHMENTS
Attachment I Draft Minutes of November 15, 2022
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 p.m.

The City Council meeting was called to order by Mayor Halliday at 7:00 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Mayor Halliday

Roll Call

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

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session at 5: 00 p.m., with all members present and no public comments, regarding three items: 1) public employment pursuant to Government Code section 54957 regarding the upcoming performance evaluation for City Manager, City Attorney and City Clerk ; 2) conference with legal counsel pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(1) regarding one anticipated litigation; and 3) conference with property negotiators pursuant to Government Code section 54956.8 regarding Caltrans Parcel Group 5 - Maitland Drive, Bunker Hill Court, Bunker Hill Boulevard and Central Boulevard, APNs: 445 -0250-041-01, 445-0260-084-03, 445-0260-018-04, 445- 0270-054-02, 445 -0250-060-00, 445 -0250-059-01, 445 -0260-109-04, 445 -0260-018-03, 445-0260-109-03, 445 -0260-002-00. City Attorney Lawson reported that the Council discussed Item 1 and unanimously approved, with Mayor Halliday moving and Council Member Márquez seconding, selection of Pivotal Group as the consultant to perform a 360 assessment of the Council -appointed o fficers in an amount not to exceed $21,500, plus additional options in an amount not to exceed $5,350, and authorized Assistant City Manager Youngblood to execute an agreement with said consultant; regarding Item 2, the Council discussed one case of antici pated litigation in consultation with City Attorney Lawson and took no reportable action; and regarding Item 3, the Council discussed property transactions, specifically Caltrans Route 238 Parcel Group 5 (‘Bunker Hill’), and took no reportable action, but public action was anticipated on Consent Item No. 13. The closed se ssion adjourned at 6:25 p.m.

PUBLIC COMMENTS

Ms. TJ, Hayward Concerned Ci tizens representative, shared that it had be en three years since the homicide of Hayward resident John Creech Jr. and the family was requesting to contact the Police Department with any information about the case.

2 |November 15, 202 2
Mr. Gabriel Al tamirano, South Hayward Now /Ahora representative, urged the City to implement enforcement of street vendors selling without proper permits within the South Hayward neighborhoods and expressed health concerns about the food being served by street vendors and the streets and sidewalks being blocked.

Mr. Nate Rizvi shared that activities related to street vendo r operations were widespread from the corner of Tennyson Road down to Huntwood Avenue Thursdays through Sundays, noted there was a flea market type of environment, and asked if there was a designated area in the city for street vendors to operate.

Ms. Savana echoed prior comments and expressed concern about people double parking to purchase food from street vendors and getting sick d ue to poor sanitation; and suggested the City provide a space for street vendors.

CITY MANAGER ANNOUNCEMENTS

City Manage r McAdoo noted that timeline on side walk vending and community engagement was shared with the City C ouncil in preparation of recommendations for City regulations consistent with Senate Bill (SB) 946; spoke about SB 946 ; indicated that a n informal listening session would be held at the end of December, continue the community outreach through January, present preliminary work session s to the Council Economic Development Committee and the City Council in February, and propose adoption of the ordinance at the end of spring ; and noted that if th e public ha d concerns about a vendor operating unsafely or withou t a health permit, to c ontact Code Enforcement staff during business hours and HPD after hours.

City Manager Mc Adoo announced that City Hall and other non -emergency services would observe a business closure the week o f November 21, 2022 ; and the Light Up the Season event was scheduled for December 3, 2022

CONSENT

1. Approve the City Council Minutes of the City Council Meeting on October 25, 2022 MIN 22-128
It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried unanimously, to approve the minutes of the City Council Meeting on October 25, 2022.

2. Adopt a Resolution Approving the Appropriation of $150,000 for the Golden Oaks II - Tract 8058 Improvement Project No. 08058, and Authorizing Staff to Increase the Construction Contract with Golden Bay Construction, Inc., Contract No . 22132, by the Same Amount for a Total Not-To-Exceed Amount of $1,093,733 CONS 22-623

Staff report submitted by Director of Public Works, Ameri, and City Attorney Michael Lawson dated November 15, 2022 was filed.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 p.m.

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

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

Resolution 22-274, “Resolution Approving the Appropriation of $150,000 for the Golden Oaks II Tract 8058 Improvement Project No. 08058 and Authorizing Staff to Increase the Construction Contract to a Total Amount not Exceeding $1,093,733”

3. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with ESRI for a Small Municipal and County Government Enterprise Agreement (SGEA) in an Amount not to Exceed $303,000 CONS 22-630

Staff report submitted by Information Technology Director Kostrzak, dated November 15, 2022, was filed.

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

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

Resolution 22-275, “Resolution Approving the Dissolution of the South Hayward Bay Area Rapid Transit Station Access Authority; and Authorizing the City Manager to Negotia te and Execute an Intergovernmental Agreement Pertaining to Parking and Access near the South Hayward BART Station”

4 |November 15, 202 2

4. Adopt an Ordinance Establishing a Building Code for the City of Hayward; Regulating the Construction, Alteration, Repair, and Maintenance o f Structures; Providing for the Issuance of Permits and Collection of Fe es; Repealing Chapter 9 Article 1, and All Amendments Thereto CONS 22-632

Staff report submitted by City Clerk Lens, dated November 15, 2022, was filed.

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

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

Ordinance 22-09, “Ordinance Establishing a Building Code for the City of Hayward; Regulating the Construction, Alteration, Repair, and Maintenance of Structures; Providing for the Issuance of Permits and Collection of Fees; Repealing Chapter 9 Article 1, and All Amendments Thereto”

5. Adopt an Ordinance Establishing a Fire Prevention Code for the City of Hayward, Adopting the California Fire Code, 2022 Edition, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion, Providing for the Issuance of Permits and Collection of Fees, Providing for Penalties for Violation, and Repealing Ordinance No. 19-20, As Amended, and All Other Ordinances and Parts of Ordinances in Conflict Therewith CONS 22-633

Staff report submitted by City Clerk Lens, dated November 15, 2022, was filed.

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

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

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 p.m.

Ordinance 22-10, “Ordinance Establishing a Fire Prevention Code for the City of Hayward, Adopting the California Fire Code, 2022 Edition, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire or Explosion, Providing for the Issuance of Permits and Collection of Fees, Providing for Penalties for Violation, and Repealing Ordinance No. 19-20, As Amended, and All Other Ordinances and Parts of Ordinances in Conflict Therewith”

6. Adopt an Ordinance Establishing Reach Codes for the City of Hayward, Repealing Ordinance 20-05, Adopting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations), and Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code CONS 22- 634

Staff report submitted by City Clerk Lens, dated November 15, 2022, was filed.

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

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

Ordinance 22-11, “Ordinance Establishing Reach Codes for the City of Hayward, Repealing Ordinance 20-05, Adopting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations), and Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code”

7. 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 22-635

Staff report submitted by City Clerk Lens, dated November 15, 2022, was filed.
6 |November 15, 202 2

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

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

Resolution 22-276, “Resolution Making the Required Findings Pursuant to Ab 361 to Continue to Hold Teleconferenced Public Meetings During the Covid 19 State of Emergency”

8. Adopt a Resolution Approving a Side Letter of Agreement Amending the Memorandum of Understanding (MOU) Between the City of Hayward and the Hayward Police Officers’ Association (HPOA) to Revise Scheduled Salary Increases CONS 22-641

Staff report submitted by Assistant City Manager and Interim Human Resources Director, Youngblood, dated November 15, 2022, was filed.

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

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

Resolution 22-277, “Resolution Approving a Side Letter of Agreement Amending the Memorandum of Understanding (MOU) Between the City of Hay ward and the Hayward Police Officers’ Association (HPOA) to Revise Scheduled Salary Increases”

9. Adopt a Resolution Approving the Amended Fiscal Year 2023 Salary Plan That Designates Classifications and Corresponding Salary Ranges CONS 22-636

Staff report submitted by Assistant City Manager and Interim Human Resources Director, Youngblood, dated November 15, 2022, was filed.

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

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 p.m.

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

Resolution 22-278, “Resolution Approving the Amended Fiscal Year 2023 Salary Plan Designating P ositions of Employme nt in the City of Hayward and Salary Ranges; and Superseding Resolution No. 22 -265 and All Amendments Thereto”

10. Adopt a Resolution Authorizing the City Manager to Amend an Agreement with Tiburcio Vasquez Health Center for Mobile Integrated Health Unit Services for Fiscal Year 2022- 2023 CONS 22-637

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

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

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

Resolution 22-279, ““Resolution Authorizing the City Manager to Amend the Professional Services A greement with Tiburcio Vasque z Hea lth Center to Increase the Contract Amount by $126,000 for a Total Amount Not-To-Exceed $200,000 for the Mobile Integrated Health Unit”

11. Adopt a Resolution Accepting the Resignation of Ms. Elena Lepe from the Community Services Commission, Effective Immediately CONS 22-638

Staff report submitted by City Clerk Lens, dated November 15, 2022, was filed.

8 |November 15, 202 2
It was moved by Council Member Zermeño, seconded by Council Member Lamnin, and carried by the following roll call vote, to adopt the resolution.

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

Resolution 22-280, “Resolution Accepting the Resignation of Ms. Elena Lepe from the Community Services Commission”

12. Adopt a Resolution: (1) Approving the Dissolution of the South Hayward Bay Area Rapid Transit Station Access Authority; and (2) Authorizing the City Manager to Negotiate and Execute an Intergovernmental Agreement Pertaining to Parking and Access Near the South Hayward BART Station CONS 22-639

Staff report submitted by Assistant City Manager Ott, dated November 15, 2022, was filed.

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

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

Resolution 22-281, “Resolution Approving the Dissolution of the South Hayward Bay Area Rapid Transit St ation Access Authority; and Authorizing the City Manager to Negotiate and Execute an Intergovernmental Agreement Pertaining to Parking and Access near the South Hayward BART Station”

13. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute the First Amendment to the Disposition and Development Agreement with Trumark Properties, LLC to Allow Deferral of the Excess Purchase Price Above the Caltrans Base Purchase Price Until Issuance of Certificates of Occupancy for the Transfer of Parcel Group 5, Bunker Hill CONS 22-642

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

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 p.m.

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

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

Resolution 22-282, “Resolution Authorizing the City Manager to Negotiate and Execute the First Amendment to the Disposition and Development Agreement with Trumark Properties , LLC to Allow Deferral of the Excess Purchase Price above the Caltrans Base Purchase Price until Issuance of Certificate of Occupancy for the Transfer of Parcel Group 5, Bunker Hill”

WORK SESSION

14. Dispatch Needs Assessment and Capacity Improvement: Presentation of Consultant Evaluation and Recommendations (Report from City Manager McAdoo, Fire Chief Contreras, and Acting Police Chief Matthews) WS 22-037

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

City Manager McAdoo announced the item, introduced team members of Federal Engineering Consulting, City and Hayward Police Department (HPD) staff, who provided a summary of the work done around the City of Hayward Communications Center , assessment, and strategy implementation plan report, and Hayward Evaluation and Response Teams HEART program data analysis recommendations.

Mayor Halliday opened the public comment period at 8:10 p.m.

Ms. TJ, Hayward Concerned Citizens member, appreciated the work done around the training and staffing recommendations, however, s he did not agree that the policy inno vation workshop priority recommended last year had morphed into another consulting firm to come to the conclusion that the or ganization’s dispatch staff ing, leadership, governance, and operations facility is not sustainable; and asked how dispatch operations workers feel about the prospect of moving to an independent communications center in isolation from those they serve.

10 |November 15, 202 2
Ms. Suzanne Luther, Hayward Concerned Citizens member, agreed wi th TJ and wished that the City had not spent funds as it was forced to do in response to defunding the police when the funds could be better spent where needed.

Mayor Halliday closed the public comment period at 8:15 p.m.

Discussion ensued among members of the City Council, City Manager McAdoo, Acting Police Chief Matthews , Fire Chief Contreras and Federal Engineering Consultant te am ( Cindy Sparrow, Tracy Ward, Scott Strom, and Erik Perry) regarding: budget for the Hayward Call Center (HCC) housed under the Police budget; the locker facility was b eing constructed outside HPD’s building and it may not be able to accommodate a second story; training for dispatch would con sist of a combination of training performed by Peace Office Standar ds Training (POST) program, professional organizations, and an in-house academy; there will be software purchases necessary for protocol implementation that will be embedded into the existing consoles; staff was considering adding two dispatchers and four call takers and Measure C identified as a potential fund source; aspirational goals to bring a behavioral health specialist into the communications center to perform onsite diversion and bring a clinician to triage calls; noted that H IPPA presented barriers for sharing dat a across disciplines and industries; translation/interpretation assistance available in many languages for communications center services; training current staffing and hiring laterals while stabilizing staffing levels and making sure pay is aligned with current industry standards; not having all calls go through dispatch and creating opportunities to bring staff from other departments or police and fire personnel on light duty to ease workload in dispatch center; there would be an item on a future agenda with updates on the ambulance response time and alternate models that were being explored in Alameda County; best practice for staff to have space away from the work to regulate in between calls or provide an opportunity to reset such as through a fitness center, quiet room, yoga room, television, massage room, or meditation room; 988 Suicide and Crisis Lifeline phone number was a new solution to reduce calls for service and staff could report on data collected in the future; exploring alternative information lines, such as 311, could be a long-term goal once core emergency staffing issues are addressed; and GIS data was used as a tool for resource deployment and hotspot mapping.

Members of the City Council offered the following recommendations and thoughts: consider having a separate budget line item for the Hayward Call Center since additional new positions were being considered as well as a new site; consider contacting Chabot College for potential use of its old library for an interim, temporary or new branch of the City’s dispatch center (HCC); hoped that additional staffing could be filled soon and potentially promote within and continue to have planned career progression; urged that hiring Hayward residents be considered; consider having implementation measurements in place reported regularly indicating trends in the community for call types which would enable staff to perform data analysis on call types and inform Council to address findings; as data analyst is sought, work with IT Department related to data storage and retention; explore hosting a testing fair day, potentially multi-lingual at a school /college site, dedicated to recr uiting and engaging professionals to perform background checks and psychological assessments; consider adding new positions during the development of the annual budget process as opposed to at mid - year; it is a priority to keep current employees healthy and sound and find creative ways to

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 p.m.
retain them; consider separating the c ommunications center to be its o wn department understanding this to be a longer-term goal; it is important to have a shared responsibility and vision in responding to the public but also keeping the public safe; hoped the collaboration with community partners continue to evolve to be more resp onsive to the pub lic and minimize the response from armed officers when unnecessary; explore a hotline to field non- emergency calls for frequent inquiries and publicize the information in the Stack newsletter on appropriate departments to contact, having pre-recorded messages in an effort to decrease unnecessary phone calls; consider having a mobile testing at community events to expand recruitment efforts; consider recruitment efforts such as via popup events at Southland Mall or a tent outside of Target; consider commercial space available in shop ping malls for a location for a call center; evaluate Access Hayward, how this is handled and explore if a different model might work better; review data on the work of Hayward Mobile Emergency Team (H MET) and Mobile Integrated Health Unit ( MIHU) and the outcomes so far; and evaluate current hours of HMET responses as these d id not appear to be in line with when mental health emergencies may happen.

Members of the City C ouncil were pleased with the analysis and presentation; collaboration among departments; thanked dispatch center personnel; supported the goals of the Hayward Evaluation and Response Teams (HEART) program for its collaboration between the Police and Fire departments; supported software updates that would assist staff in performing their jobs in an effective manner; and appreciated the comprehensive analysis provided by Federal Engineering Consulting which would serve to have the information documented and readily available to the public.

PUBLIC HEARING

15. Retiree Hiring Exception: Adopt a Resolution Approving an Exception to the 180-Day Waiting Period Requirement for Up to Six (6) Retired CalPERS Annuitants to Work as City of Hayward Communications Operators PH 22-062

Staff report submitted by Bryan Matthews, Acting Chief of Police and Regina Youngblood, Assistant City Manager/Interim Director of HR, dated November 15, 2022, was filed.

City Manager McAdoo announced the item and introduced Acting Police Chief Matthews who provided a synopsis of the staff report.

There being no public comments, Mayor Halliday opened and closed the public hearing period at 9:15 p.m.

12 |November 15, 202 2

It was moved b y Cou ncil Member Márquez, seconded by Council Memb ers Zerme ño and Wahab, 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 22-283, “Resolution Authorizing the Exception to the 180-Day Waiting Period Requirement for up to Six (6) Retir ed CalPERS Annuitants to Work as City of Hayward Communications Operators”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Márquez shared information on her attendance at the fourth annual Let ’s Talk Housing Seminar brough t to the community by A-1 Community Housing Services and separately reminded residents to take ad vantage of bulky pickup services provided through Alameda County Waste Management.

Mayor Halliday shared information on her attendance at the launch of Bay Area Housing Finance Authorit y (BAHFA) on N ovember 10, 2022 in San Francisco ; thanked American Legion Post 68, La Familia and Silicon Valley Lions Club for a food delivery event they held on November 11, 2022 a t the Hayward Veterans Memorial Hall; and announced City Hall would be observing a business closure the week of November 21, 2022 , and the next meeting would be held o n December 6, 2022. Mayor Halliday added that on December 1 3, 2022, the newly elected members of the City Council would be sworn-in and congratulated Mayor-Elect Salinas.

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Halliday adjourned the meeting at 9:23 p.m.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Virtual Platform (Zoom)
https://hayward.zoom.us/j/82183737191?pwd=Vi8yNHkwQklTWnpCN3lPRlRBNG9vdz09 Tuesday, November 15, 2022, 7:000 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 22-659
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361

RECOMMENDATION
That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.

SUMMARY
On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms. While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Exhibit to Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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Page 1 of 5 ends

DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Manager
City Clerk

SUBJECT: Adopt a Resolution Allowing the City Council and Appointed Commissions/Task Forces and Council Committees to Hold Continued Teleconferenced Public Meetings Pursuant to AB 361

RECOMMENDATION

That the Council adopts a resolution (Attachment II) pursuant to AB 361 making specific findings to allow the Council and appointed commissions/task forces and Council committees (Exhibit A to Attachment II) to continue holding teleconferenced public meetings during the COVID 19 state of emergency.

SUMMARY

On September 16, 2021, the Governor signed AB 361 that amended provisions of the Brown Act to allow local governments to conduct virtual meetings during a state of emergency proclaimed by the Governor, subject to complying with specific requirements, including providing public access and participation via call-in or internet-based platforms.

While AB 361 does not require legislative bodies to take any specific actions to hold an initial teleconferenced meeting during a state of emergency, a legislative body must act in order to continue holding subsequent teleconferenced meetings while the state of emergency remains in effect. Specifically, no later than 30 days after the initial AB 361 teleconferenced meeting, and every 30 days thereafter, a legislative body must make findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist: the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.

BACKGROUND

In general, the Brown Act allows legislative bodies to use teleconferencing during a public meeting as long as certain requirements are met, such as:

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 Identification of any remote location from which a member of the legislative body is participating via teleconference;
 Posting of agendas at all remote locations from which members of the legislative body are participating;
 Public accessibility to the remote location and the technological means for allowing the public to participate in the meeting from the location; and  A quorum of the members must be participating from a location within the jurisdiction of the legislative body.

In response to the COVID 19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N-29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements.

With the expiration of Executive Order N-29-20, AB 361 amends the Brown Act to allow virtual public meetings during a state of emergency proclaimed by the Governor. A local agency may hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real-time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body.

AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency. However, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings that the body has reconsidered the circumstances of the state of emergency and that either of the following conditions exist:

 The state of emergency continues to directly impact the ability of the members to meet safely in person; or
 State or local officials continue to impose or recommend measures to promote social distancing.

DISCUSSION

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

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

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 Order No. 20-06t, originally issued April 3, 2020 and most recently amended on August 24, 2022, imposes a mandate that all individuals diagnosed with COVID 19 must isolate themselves and follow requirements further specified in the Order.

The Order further aligns with current California Department of Public Health Guidance on Isolation and Quarantine of the General Public, specifically that individuals who are exposed/close contacts of infected individuals need not isolate if they are asymptomatic and are recommended to test and wear masks as specified in the Order and Department of Public Health guidance.

 On June 24, 2022, the Alameda County Health Officer issued Order No. 22-03 rescinding the general mask mandate imposed by Order No. 22-02. Current Alameda County Health Officer guidelines require all individuals in Alameda County, regardless of vaccination status or prior history of COVID illness, to wear face coverings in the following situations:
o Indoors when required by business, government offices, youth-serving facilities, and workplace settings.
o When required by trains, buses, ferries, taxis, and rideshare operators. o Indoors in transportation hubs like bus terminals, train stations, marines, seaports or other ports, subway stations, or any other area that provides transportation, when required by transit systems.
o Healthcare settings.
o Long-term care settings and adult and senior care facilities. o Persons exposed to someone with COVID-19 should wear a mask for 10 days.
o Persons with COVID-19 should wear a mask for 10 days when with others, even if able to leave isolation before then.
o Correctional facilities and detention centers located within Alameda County. o Clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, or any locations within those facilities where healthcare is being delivered.

 With the exception of the situations described above, effective September 23, 2022, the California Department of Public Health and Alameda County Public Health Department guidance on use of face masks for the general population shifts from strong recommendation in all indoor settings at all times to use of Centers for Disease Control Community Levels to help inform masking recommendations.

 Current CDC COVID 19 Community Levels for Alameda County are Low.

Consequently, the general public may mask based on personal preference, informed by their own personal level of risk. Vulnerable people are encouraged to wear a mask in crowded indoor public places. Vulnerable people include the unvaccinated, people who are immunocompromised, people with certain disabilities or underlying health conditions, or those at risk of severe illness or death if infected with COVID-19.

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 Workplaces must comply with Cal/OSHA safety standards.

The following current guidance from the California Department of Public Health satisfies the AB 361 findings:
 Face masks are required in healthcare settings, long term care settings, adult and senior care facilities, and all clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, and state and local correctional facilities or detention centers, or any locations within those facilities where healthcare is being delivered.
 Businesses and venue operators, including K-12 school and childcare settings must allow any individual to wear a mask if they desire to.
 Workplaces must comply with Cal/OSHA safety standards.  Local jurisdictions may implement additional requirements that go beyond statewide guidance.
 Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
 Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19.  Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID-19.

Testing and masking are recommended, and vaccination/boosting is strongly encouraged.

Alameda County Health Order No. 21- 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not necessarily involve a stable group of vaccinated individuals.

Currently, the Council is holding hybrid Council meetings that allow for virtual participation via the Zoom platform as well as in-person participation. This format also allows for real-time public comments, in compliance with AB 361. All City commissions, task forces, and Council committees continue meeting entirely virtually over the Zoom platform.

Based on the above, staff recommends that the Council adopts the attached resolution making the necessary findings to allow the Council and the appointed boards and commissions identified in Exhibit A to the resolution to continue holding teleconferenced meetings pursuant to AB 361.

FISCAL IMPACT

There is no fiscal impact associated with this action.

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STRATEGIC ROADMAP

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

NEXT STEPS

Adoption of the resolution will allow the Council and specified appointed committees and commissions to hold a subsequent teleconferenced meeting pursuant to the provisions of AB 361. Additional resolutions must be adopted every thirty days during the existence of the state of emergency in order to continue holding teleconferenced meetings.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

___________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member _____________

RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO AB 361 TO

CONTINUE TO HOLD TELECONFERENCED PUBLIC MEETINGS DURING THE COVID 19 STATE OF EMERGENCY

WHEREAS, the Brown Act (Government Code section 54950 et seq. ) allows for public meetings of a legislative body to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction; and

WHEREAS, in response to the COVID -19 state of emergency, the Governor temporarily suspended the rules described above when he issued Executive Order N -29-20 on March 17, 2020 and authorized local legislative bodies to hold virtual public meetings subject to specific public accessibility and noticing requirements; and WHEREAS, the Governor signed AB 361 prior to the expiration of Order N-29-20; and WHEREAS, AB 361 amends the Brown Act to the legislative body of a local agency to hold a teleconferenced meeting during a state of emergency without complying with the normal teleconferencing requirements described above if it meets requirements related to providing notice of the meeting, public access and participation via call-in or internet-based service options, real -time public comments, and conduct of the meeting in a manner that protects statutory and constitutional rights of any parties and the public appearing before the legislative body; and
WHEREAS, AB 361 does not require legislative bodies to take any specific action prior to holding an initial teleconferenced meeting during a state of emergency, however, to hold a subsequent teleconferenced meeting a legislative body must act no later than 30 days after the initial teleconferenced meeting, and every 30 days thereafter, by making findings specified in the statute justifying the continued use of teleconferenced public meetings; and WHEREAS, it shall be the policy of the City that the appointed boards and commissions of the City will hold teleconferenced public meetings in compliance with the provisions of AB 361 during the COVID-19 state of emergency; and

ATTACHMENT II

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WHEREAS, the COVID -19 state of emergency declared by the Governor remai ns active; and
WHEREAS, public meetings involve many people in shared indoors spaces for hours, when the number of people present does not always allow for a minimum six-foot distance between persons, and close contacts raise the risk of the spread of COVID-19; and

WHEREAS, the Alameda County Health Officer has issued Order No. 20-06t (originally issued April 3, 2020 and most recently amended on August 24, 2022) imposing a mandate that all individuals diagnosed with COVID-19 must isolate themselves and follow requirements further specified in the Order; and

WHEREAS, Order No. 20-06t also aligns with California Department of Public Health Guidance on Isolation and Quarantine of the General Public , specifically that individuals having close contacts/exposure to infected persons are not required to quarantine as long as they remain asymptomatic but are recommended to test and wear a mask as specified by the Order and California Department of Public Health guidance; and

WHEREAS, the Alameda County Health Officer has issued Order No. 22-03 (effective on June 25, 2022), rescinding the general mask mandate imposed by Order No. 22-02; and

WHEREAS, the Alameda County Public Health Department currently requires face coverings in the following situations:
 Indoors when required by businesses, government offices, youth -serving facilities, and workplace settings.
 When required by trains, buses, ferries, taxis and rideshare operators.  Indoors in transportation hubs like bus terminals, train stations, marines, seaports or other ports, subway stations, or any other area that provides transportation , when required by transit systems.
 Healthcare settings.
 Long-term care settings and adult and senior care facilities.  Correctional facilities and detention centers.
 Clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, or any locations within those facilities where healthcare is being delivered.
 Persons exposed to someone with COVID-19 should wear a mask for 10 days.  Persons with COVID -19 should wear a mask for 10 days when with others, even if able to leave isolation before then.

WHEREAS, with the exception of the situations described above, effective September 23, 2022, the California Department of Public Health and Alameda County Public Health Department guidance on use of face masks for the general population shifts from strong recommendation in all indoor s ettings at all times to use of Centers for Disease Control Community Levels to help inform masking recommendations; and

ATTACHMENT II

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WHEREAS, current CDC COVID 19 Community Levels for Alameda County are Low.

WHEREAS, workplaces must comply with Cal/OSHA safety standards; and

WHEREAS, the California Department of Public Health has issued the following current guidance:

 Face masks are required in healthcare settings, long term care settings, adult and senior care facilities, and all clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, and state and local correctional facilities or detention centers, or any locations within those facilities where healthcare is being delivered.

• Businesses and venue operators, including K -12 school and childcare settings must allow any individual to wear a mask if they desire to.
 Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
• Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19. • Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID -19.

Testing and masking are recommended, and vaccination/ boosting is strongly encouraged; and

WHEREAS, Alameda County Health Order No. 21 - 04 (effective November 1, 2021), which allows a stable group of fully vaccinated individuals to remove masks in certain indoor situations, is not applicable to the City’s public meetings because they do not necessarily involve a stable group of vaccinated individuals.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward makes the following findings pursuant to AB 361 to continue holding teleconferenced public meetings during the COVID-19 state of emergency:

 The City Council has reconsidered the circumstances of the state of emergency.  The COVID 19 state of emergency declared by the Governor remains active and continues to directly impact the ability of Councilmembers to meet safely in-person.  State and local officials continue to recommend or impose measures to promote social distancing.

ATTACHMENT II

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 The Alameda County Health Officer has issued orders imposing measures to promote social distancing via isolation and quarantine of individuals infected or likely infected with COVID-19 and individuals with close contact to persons infected with COVID-19.  The Alameda County Health Officer requires face coverings to be worn in the following settings:
o Indoors when required by businesses, government offices, youth-serving facilities, and workplace settings.
o When required by trains, buses, ferries, taxis and rideshare operators. o Indoors in transportation hubs like bus terminals, train stations, marines, seaports or other ports, subway stations, or any other are a that provides transportation, when required by transit systems.
o Healthcare settings.
o Long-term care settings and adult and senior care facilities. o Local correctional facilities and detention centers.
o Clinical areas, including isolation and quarantine areas, of homeless s helters, emergency shelters, and cooling /heating centers, or any locations within those facilities where healthcare is being delivered.
o Persons exposed to someone with COVID-19 should wear a mask for 10 days. o Persons with COVID -19 should wear a mask for 10 days when with others, even if able to leave isolation before then.

 The California Department of Public Health has issued the following guidance:
o Face masks are required in healthcare settings, long term care settings, adult and senior care facilities, and all clinical areas, including isolation and quarantine areas, of homeless shelters, emergency shelters and cooling/heating centers, and state and local correctional facilities or detention centers, or any locations within those facilities where healthcare is being delivered.
o Businesses and venue operators, including K-12 school and childcare settings must allow any individual to wear a mask if they desire to. o Persons with COVID-19 symptoms or who test positive for COVID-19 are required to isolate.
o Persons working or housed in specified high-risk settings are required to isolate and quarantine in the event of an exposure to someone infected with COVID-19.
o Members of the general public, regardless of vaccination status, are not required to isolate if they are asymptomatic after exposure to a person infected with COVID-19. Testing and masking are recommended, and vaccination/boosting is strongly encouraged.

 Workplaces must comply with Cal/OSHA safety standards.

ATTACHMENT II

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BE IT FURTHER RESOLVED that in the interest of public health and safety, based on the findings contained herein, the City Council of the City of Hayward and the appointed boards and commissions identified in Exhibit A of this Resolution shall continue to hold teleconferenced public meetings pursuant to AB 361.

IN COUNCIL, HAYWARD, CALIFORNIA ___________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: _______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

___________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

EXHIBIT A
 Community Services Commission
 Keep Hayward Clean and Green Task Force
 Library Commission
 Personnel Commission
 Planning Commission
 Council Airport Committee
 Council Budget and Finance Committee
 Council Economic Development Committee
 Council Infrastructure Committee
 Council Homelessness-Housing Task Force
 Council Sustainability Committee
 Hayward Youth Commission
 Hayward Police Department Community Advisory Panel

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-674
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Ms. Gordean Lum-Villiados from the Keep Hayward Clean and Green Task Force, Effective Immediately
That Council adopts a resolution (Attachment II) accepting the resignation of Ms. Gordean Lum-Villiados from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY
Ms. Gordean Lum-Villiados was appointed to the Keep Hayward Clean and Green Task Force on September 20, 2022. Ms. Villiado’sresignation becomes effective immediately per her resignation letter dated November 17, 2022 (Attachment III).

Ms. Villiados’ vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT Adopt a Resolution Accepting the Resignation of Ms. Gordean Lum-Villiados from the Keep Hayward Clean and Green Task Force, Effective Immediately

RECOMMENDATION

That Council adopts a resolution (Attachment II) accepting the resignation of Ms. Gordean Lum- Villiados from the Keep Hayward Clean and Green Task Force, effective immediately.

SUMMARY AND DISCUSSION

Ms. Gordean Lum-Villiados was appointed to the Keep Hayward Clean and Green Task Force on September 20, 20 22. Ms. Villiado’s resignation becomes effective immediately per her resignation letter dated November 17, 2022 (Attachment III). Ms. Villiados’ vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC ROADMAP

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

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION No. 22-_______

Introduced by Council Member ________________

RESOLUTION ACCEPTING THE RESIGNATION OF MS. GORDEAN LUM -

VILLIADOS FROM THE KEEP HAYWARD CLEAN AND GREEN TASK FORCE

WHEREAS, Ms. Gordean Lum -Villiados was appointed to the Keep Haywa rd Cl ean and Green Task Force on September 20, 2022; and

WHEREAS, Ms. Gordean Lum-Villiados submitted a resi gnation letter o n November 17, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accept s the resignation of Ms. Gordean Lum-Villiados; and commends her for her civic service to the City.

IN COUNCIL, HAYWARD, CALIFORNIA, ________________________

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

From: Deanie Villiados < >
Sent: Thursday, November 17, 2022 12:18 PM
To: Colleen Kamai <[email protected]>
Cc: Todd Rullman <[email protected]>; Rodney Affonso, JR. <[email protected]>; Elizabeth Scott <[email protected]> Subject: Re: REVISED Agenda RE: KHCG Agenda Packet 11/17/22

Aloha Colleen and City of Hayward,

I recently applied for a position there with the City of Hayward and they appointed me to join the "Keep Hayward Clean and Green" Taskforce. However, I am so sorry to say that I wasnʻt aware of the time commitment and unfortunately, I am unable to continue and have to resign. I am so sorry to be a problem. Please let me know if you have any questions or concerns.

Mahalo nui,
Deanie Villiados

=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
Deanie Lum-Villiados, President
Kumu Hula Association of Northern California
HP: https://www.kumuhulaassociation.com/

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-672
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Ms. Arti Garg from the Community Services Commission, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Ms. Arti Garg from the Community Services Commission, effective immediately.

SUMMARY
Ms. Arti Garg was appointed to the Community Services Commission on September 18, 2018 and reappointed on September 20, 2022. Ms. Arti Garg’sresignation becomes effective immediately, per her resignation letter (Attachment III).

Ms. Garg’s vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT Adopt a Resolution Accepting the Resignation of Ms. Arti Garg from the Community Services Commission, Effective Immediately

RECOMMENDATION

That the Council adopts a resolution (Attachment II) accepting the resignation of Ms. Arti Garg from the Community Services Commission, effective immediately.

SUMMARY AND DISCUSSION

Ms. Arti Garg was appointed to the Community Services Commission on September 18, 2018 and reap pointed on Se ptember 20, 2022 . Ms. Arti Garg ’s resignation becomes effective immediately, per her resignation letter (Attachment III).

Ms. Garg’s vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC ROADMAP

The agenda item is a routine operational item and does n ot relate directly to the Council’s Strategic Roadmap.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION No. 22-______

Introduced by Council Member ______________

RESOLUTION ACCEPTING THE RESIGNATION OF MS. ARTI GARG FROM THE

COMMUNITY SERVICES COMMISSION

WHEREAS, Ms. Arti Garg was appointed to the Community Services Commission on September 18, 2018; and

WHEREAS, Ms. Arti Garg was reappointed to the Community Services Commission on September 20, 2022; and

WHEREAS, Ms. Arti Garg submitted a resignation letter on November 21, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Ms. Arti Garg; and commends her for her civic service to the City.

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

From: Arti Garg < >
Sent: Monday, November 21, 2022 2:21 PM
To: Jessica Lobedan <[email protected]>; Miriam Lens <[email protected]> Subject: Resignation from Community Services Commission

Dear Jessica and Miriam,

I am writing this email to provide notice of my decision to resign from the Community Services Commission effective immediately. I have greatly enjoyed my time serving on the CSC and found it to be extremely rewarding. This resignation is out of my desire to continue to serve the City of Hayward in a different way.

Best,
Arti

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-661
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Mr. Zachariah Oquenda from the Planning Commission, Effective Immediately

RECOMMENDATION
That the Council adopts a resolution (Attachment II) accepting the resignation of Mr. Zachariah Oquenda from the Planning Commission, effective immediately.

SUMMARY
Mr. Zachariah Oquenda was appointed to the Planning Commission on January 26, 2021. Mr. Zachariah Oquenda’s resignation becomes effective immediately, per his resignation letter (Attachment III). The Council will take a separate action to consider appointing Planning Commission alternate, Arti Garg, to fill the remaining term of Mr. Oquenda.

In anticipation of additional unscheduled Commission vacancies, staff will conduct a special Planning Commission recruitment beginning December 9, 2022. Staff will issue a press release announcing the vacancy and will use all available social media and traditional methods to disseminate the information to the public at large and individuals who applied during the annual recruitment. As it was done with the 2015 recruitment, individuals who applied during the annual recruitment will not need to reapply and staff will utilize their prior application if they express interest. The application period is expected to close on January 14, 2023. Copies of applications will be forwarded to the Council for review and will be available for public review upon request in the Office of the City Clerk. Staff is recommending that if the City receives more than ten applications, each Council Member could select up to five applicants and individually notify the City Clerk of their selections by noon on Monday, January 16, 2023. Interviews are tentatively scheduled for Tuesday, January 17, 2023.

CITY OF HAYWARD Printed on 12/2/2022Page 1 of 2
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File #:CONS 22-661

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT Adopt a Resolution Accepting the Resignation of Mr. Zachariah Oquenda from the Planning Commission, Effective Immediately

RECOMMENDATION

That the Council a dopts a resolution (Attachment II) accepting the resignation of Mr.

Zachariah Oquenda from the Planning Commission, effective immediately.

SUMMARY AND DISCUSSION

Mr. Zachariah Oquenda was appointed to the Planning Commission on January 26, 2021. Mr.

Zachariah Oquenda’s resignation becomes effective immediately, per his resignation letter (Attachment III). The Council will take a separate action to conside r appointing Planning Commission alternate, Arti Garg, to fill the remaining term of Mr. Oquenda.

In anticipation of additional unscheduled Commission vacancies, staff will conduct a special Planning Commission recruitment beginning December 9, 2022. Staff will i ssue a press release announcing the vacancy and will use all available social media an d traditional methods to disseminate the information to the public at large and individuals who applied during the annual recruitment. As it was done with the 2015 recru itment, individuals who applied during the annual recruitment will not need to reapply and staff will utilize their prior application if they express interest. The application period is expected to close on January 14, 2023. Copies of applications will be forwarded to the Council for review and will be available for public review upon reque st in the Office of the City Clerk. Staff is recommending that if the City receives more than ten applications, each Council Member could select up to five applicants and individually notify the City Clerk of their selections by noon on Monday, January 16 , 2023. Interviews are tentatively scheduled for Tuesday, January 17, 2023.

FISCAL IMPACT

There is no fiscal impact associated with this action.

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STRATEGIC ROADMAP

The agenda item is a routine operational item and does not re late directly to the Council’s Strategic Roadmap.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION No. 22-______

Introduced by Council Member ______________

RESOLUTION ACCEPTING THE RESIGNATION OF MR. ZACHARIAH

OQUENDA FROM THE PLANNING COMMISSION

WHEREAS, Mr. Zachariah O quenda was appointed to the Planning Commission on January 26, 2021;

WHEREAS, Mr. Zachariah Oquenda submitted a resi gnation letter o n November 14, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Mr. Zachariah Oquenda; and commends him for his civic service to the City.

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

From: Zachariah Oquenda < >
Sent: Monday, November 14, 2022 8:00 AM
To: Miriam Lens <[email protected]>
Subject: Resignation from PC

Hello Miriam,

Hope you are well. I’m having some challenging health issues. I must resign from the Planning Commission, effective immediately, and prioritize getting healthy.

When I'm better, I hope to find ways to return to service.

Thank you,
Zachariah
--
Zachariah Oquenda, Esq., M.P.P.
he/him/his
California Policy Attorney
Root & Rebound | www.rootandrebound.org
Planning Commissioner,
Hayward Planning Commission
Community Advisor,
Hayward Community Advisory Panel to the Chief of Police

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-662
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Appointing Ms. Arti Garg to the Planning Commission to Fill the Unexpired Term of Mr. Zachariah Oquenda

RECOMMENDATION
That the Council adopts a resolution (Attachment II) appointing Ms. Arti Garg to the Planning Commission to fill the unexpired term of Mr. Zachariah Oquenda, which will expire on September 30, 2026.

SUMMARY
The Council, during its September 20, 2022 Council meeting, confirmed the list of 2022 alternates as follows: Ms. Elena Lepe (Community Services Commission); Ms. Elaine Alvite (Community Services Commission); and Ms. Arti Garg (Planning Commission). On November 14, 2022, Mr. Zachariah Oquenda, now former member of the Planning Commission, submitted a letter of resignation, which created an unexpected vacancy on the Planning Commission. Ms. Arti Garg, who is a Planning Commission alternate, was contacted to confirm her eligibility status and her interest in serving on the Planning Commission. If appointed to the Planning Commission, Ms. Arti Garg’sterm would be effective immediately and would end on September 30, 2026.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt a Resolution Appointing Ms. Arti Garg to the Planning Commission to Fill the Unexpired Term of Mr. Zachariah Oquenda

RECOMMENDATION

That the Council adopts a resolution (Attachment II) appointing Ms. Arti Garg to the Planning Commission to fill the unexpired term of Mr. Zachariah Oquenda, which will expire on September 30, 2026.

SUMMARY AND DISCUSSION

The Council, during its September 20, 2022
1 Council meeting, confirmed the list of 2022
alternates as follows: Ms. Elena Lepe (Community Services Commission); Ms. Elaine Alvite (Community Services Commission); and Ms. Arti Garg (Planning Commission). On November 14, 2022, Mr. Zacharia h Oquenda, now former member of the Planning Commission, submitted a letter of resignation , which created an unexpected vacancy on the Planning Commission. Ms. Arti Garg, who is a Planning Commission alternate, was contacted to confirm her eligibility status and her interest in serving on the Planning Commission. If appointed to the Planning Commission, Ms. Arti Garg’s term would be effective immediately and would end on September 30, 2026.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC ROADMAP

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

1 September 20, 2022 Council Meeting -
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NEXT STEPS

Following Council’s action, the oath of affirmation will be administered to Ms. Arti Garg prior to her first Planning Commission meeting.

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

_____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION No. 22-__________

Introduced by Council Member ________________

RESOLUTION APPOINTING MS. ARTI GARG TO THE PLANNING COMMISSION TO FILL THE UNEXPIRED TERM OF MR. ZACHARAI OQUENDA

WHEREAS, the City Council conducted its annual recruitment for City commissions and the Keep Hayward Clean and Green Task Force from April 5, 20 22 through June 16, 2022; and

WHEREAS, on September 20, 2022, the City Council established an alternate list comprising eligib le applicants who would be appointed to serve as vaca ncies occurred during 2022; and

WHEREAS, Ms. Arti Garg was selected as the alternate for the Planning Commission; and

WHEREAS, Planning Commissioner Zacharai Oquenda resigned, effective November 14, 2022, which created a vacancy on the Planning Commission.

THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that Ms.

Arti Garg is selected from the alternate list and appoint ed to fill Mr. Zacharai Oque nda unexpired term, which will expire on September 30, 2026.

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 22-648
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Attorney

SUBJECT
Adopt a Resolution Rescinding a Portion of the Previously Adopted Resolution 20-065, Regarding Approval of a Financing Model that Supports the Development of Middle-Income Affordable Housing and Authorization of the City Manager to Execute Purchase Option Agreements with the California Community Housing Agency

RECOMMENDATION
That Council adopts a resolution (Attachment II) rescinding a portion of Resolution 20-065 adopted May 26, 2020 regarding approval of a financing model that supports development of middle-income affordable housing and authorization of the City Manager to execute purchase option agreements with the California Community Housing Agency (CalCHA).

SUMMARY
On May 26, 2020, City of Hayward adopted Resolution 20-065 that approved a financing model to fund the acquisition and/or development of affordable housing for middle income households. Staff is now recommending an amendment to the previously adopted resolution by rescinding some of the language in the final paragraph.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Attorney

SUBJECT Adopt a Resolution Rescinding a Portion of the Previously Adopted Resolution 20-065, Regarding Approval of a Financing Model that Supports the Development of Middle-Income Affordable Housing and Authorization of the City Manager to Execute Purchase Option Agreements with the California Community Housing Agency

RECOMMENDATION

That Council adopts a resolution (Attachment II) rescinding a portion of Resolution 20-065 adopted May 26, 2020 regarding approval of a financing model that supports development of middle-income affordable housing and authorization of the City Manager to execute purchase option agreements with the California Community Housing Agency (CalCHA).

SUMMARY

On May 26, 2020, City of Hayward adopted Resolution 20-065 1 that approved a financing
model to fund the acquisition and/or development of affordable housing for middle income households. Staff is now recommending an amendment to the previously adopted resolution by rescinding some of the language in the final paragraph.

BACKGROUND

On May 26, 2020, the City of Hayward adopted Resolution 20-065 that approved a financing model to fund the acquisition and/or development of affordable housing for middle income households. The Resolution included an authorization for the City to become a member of CalCHA, expressed support for CalCHA's issuance of tax-exempt bonds related to middle- income rental housing, and authorized the City Manager to execute a limited number of purchase option agreements with CalCHA within a 5-year period.

As a result of a prior work session on this matter, which occurred on February 25, 2020 2,
and based on Council discussion, public comment, and community sentiment, Resolution

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4544076&GUID=17EB8C13-9BB8-46C9-BF97- 00B8B200E44B
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=4340247&GUID=D32E99E0-08C8-4913-A32E- CB20520875F6

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20-065 included language prohibiting FPI Property Management (“FPI”) from managing properties included in the project.

DISCUSSION

Resolution 20-065 stated, in part:

BE IT FURTHER RESOLVED that prior to entering into a Purchase Option Agreement, the City Manager will ensure that the Regulatory Agreement for each property contains language allowing over -income tenants to remain housed at the property and prohibits FPI Property Management from managing the properties included in the project.

The prohibition of FPI from managing project properties is unnecessary as the City is able to make decisions regarding proposed projects, including decisions based on proposed property management companies, prior to signing the Purchase Option Agreement. Based on the foregoing, staff recommends minor amendments to Resolution 20-065 as set forth in the attached resolution.

FISCAL IMPACT

There are no fiscal impacts to the City associated with this action.

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

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

Project 4, Part 4.a: Explore moderate-income financing model.

NEXT STEPS

If Council adopts the amended resolution (Attachment II), staff will continue working with existing and future users of this model pursuant to previously negotiated Purchase Option Agreements.

Prepared by: Vadim Sidelnikov, Deputy City Attorney

Recommended by: Michael S. Lawson, City Attorney
Christina Morales, Housing Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD
RESCINDING A PORTION OF THE PREVIOUSLY ADOPTED RESOLUTION 20- 065, REGARDING APPRO VAL OF A FINANCING M ODEL THAT SUPPORTS

THE DEVELOPMENT OF M IDDLE-INCOME AFFORDA BLE HOUSING AND

AUTHORIZATION OF THE CITY MANAGER TO EXE CUTE PURCHASE OPTION

AGREEMENTS WITH CALCHA

WHEREAS, on May 26, 2020, Council adopted Resolution 20-265; and

WHEREAS, Council wishes to rescind certain language of Resolution 20-265.

NOW, THEREFORE, BE IT RESOLVED that t he City Council of the City of Hayward hereby rescinds the last paragraph of Resolution 20 -065 and replaces it with the following language:

BE IT FURTHER RESOLVED that prior to entering into a Purchase Option Agreement, the City Manager will ensure that the Regulatory Agreement for each propert y contains language all owing over -income tenants to remain housed at the property.

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 22-663
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Brown and Caldwell to Increase the Contract Amount by $4,800,000 to a Total Not-to-Exceed Amount of $8,649,711 for Final Design Services for the Administration and Laboratory Building, and Primary Effluent Equalization Basin Relocation Projects, and Geotechnical Investigation Services for the Water Pollution Control Facility Improvements Phase II Project No. 07760

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the Professional Services Agreement (PSA) with Brown and Caldwell to increase the contract amount by $4,800,000 to a total not-to-exceed amount of $8,649,711 for final design services for the Administration and Laboratory Building, and Primary Effluent Equalization Basin (EQ Basin) Relocation Projects, and geotechnical investigation services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project, Project No. 07760.

SUMMARY
The WPCF core infrastructure was originally constructed in 1952 and included tanks, pumps, large pipes, industrial buildings, and complex mechanical and electrical systems. The WPCF has undergone several upgrades as Hayward population and industry has grown and now treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay (Bay).

In May 2019, the Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the 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 to meet the upcoming requirements.

On July 5, 2022, Council authorized an agreement with Brown and Caldwell (B&C) in an amount not-to- exceed $3,849,711 for preliminary design services for the Phase II Project. The preliminary design phase CITY OF HAYWARD Printed on 12/2/2022Page 1 of 2
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File #:CONS 22-663
builds upon the Facilities Plan to further refine the project elements including secondary treatment process selection, hydraulic analysis, EQ Basin sizing, and layout of facilities including a new Administration and Laboratory Building and relocated EQ Basin. The preliminary design effort is underway and is approximately 22% complete as of the end of October. Preliminary design for the entire project will be complete in June 2023.

The project will be split into three separate bid packages that include the Administration and Laboratory Building Project as the first bid package, the EQ Basin Relocation Project as the second bid package, and the WPCF Improvement Phase II Project as the third bid package. Preliminary design efforts for the early bid packages are targeting a completion date of February 2023 ahead of completing the preliminary design effort for the Phase II project. In order for the final design effort to begin ahead of the completion of final design for the Phase II project, the geotechnical investigation needs to be complete ideally very early in the final design process so as to confirm suitability of the underlying soils for the proposed new facilities. Therefore, early authorization of final design services is needed for the early bid packages so as to not delay the overall final design schedule.

Staff previously negotiated the scope and not-to-exceed fee for the entire project in the amount of $24,737,324, which includes preliminary and final design services, bid period services, engineering services during construction, optional services, and design contingency for all three bid packages. On July 5, 2022, preliminary design services were authorized and are currently about 22% complete. Staff is requesting partial authorization of final design services in the amount of $4,800,000 for the early bid packages (the Administration and Laboratory Building, and Primary Effluent EQ Basin Relocation Projects), as well as the geotechnical investigation that supports all three design packages.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 2 of 2
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Brown and Caldwell to Increase the Contract Amount by $4,800,000 to a Total Not-to-Exceed Amount of $8,649,711 for Final Design Services for the Administration and Laboratory Building, and Primary Effluent Equalization Basin Relocation Projects, and Geotechnical Investigation Services for the Water Pollution Control Facility Improvements Phase II Project No. 07760

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the Professional Services Agreement (PSA) with Brown and Caldwell to increase the contract amount by $4,800,000 to a total not-to-exceed amount of $8,649,711 for final design services for the Administration and Laboratory Building, and Primary Effluent Equalization Basin (EQ Basin) Relocation Projects, and geotechnical investigation services for the Water Pollution Control Facility (WPCF) Improvements Phase II Project, Project No. 07760.

SUMMARY

The WPCF core infrastructure was originally constructed in 1952 and included tanks, pumps, large pipes, industrial buildings, and complex mechanical and electrical systems. The WPCF has undergone several upgrades as Hayward population and industry has grown and now treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay (Bay).

On July 5, 2022, Council authorized an agreement with Brown and Caldwell (B&C) in an

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amount not-to-exceed $3,849,711 for preliminary design services for the Phase II Project.

The preliminary design phase builds upon the Facilities Plan to further refine the project elements including secondary treatment process selection, hydraulic analysis, EQ Basin sizing, and layout of facilities including a new Administration and Laboratory Building and relocated EQ Basin. The preliminary design effort is underway and is approximately 22% complete as of the end of October. Preliminary design for the entire project will be complete in June 2023.

Preliminary design efforts for the early bid packages are targeting a completion date of February 2023 ahead of completing the preliminary design effort for the Phase II project. In order for the final design effort to begin ahead of the completion of final design for the Phase II project, the geotechnical investigation needs to be complete ideally very early in the final design process so as to confirm suitability of the underlying soils for the proposed new facilities. Therefore, early authorization of final design services is needed for the early bid packages so as to not delay the overall final design schedule.

BACKGROUND

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. Since the 2014 Master Plan Update was prepared, additional more stringent wastewater discharge regulations have been promulgated by the Water Board related to discharge of nutrients to the Bay. After reviewing the list of CIP projects related to nutrient reduction developed 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 included:

 Perform a schematic design and site planning for the new Administration and Laboratory Building;
 Determine the most appropriate and cost-effective technology that meets the nitrogen removal requirements;
 Develop a strategic plan which coordinates nutrient removal and water recycling; and  Identify project elements and costs for treatment facility upgrades to meet upcoming regulatory requirements for nutrient discharges to the Bay.

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On February 27, 20181, Council approved execution of a PSA with Black & Veatch (B&V) to develop a Facilities Plan to identify improvements needed to meet upcoming regulatory requirements for nutrient reduction in discharges to the Bay. The Facilities Plan was completed in July 2019 and included development of a nutrient management strategy and related capital improvements.

Summary of Capital Improvement Projects

The following table presents a summary of the Administration and Laboratory building and primary effluent equalization basin CIP projects from the 2019 Facilities Plan. The complete Phase II Project includes the nutrient upgrades along with other projects recommended in the Facilities Plan and/or prior master plans prepared for the WPCF summarized in the June 5th, 2022 Preliminary Design staff report. 2

Table 1 –Capital Improvement Project Approved Funds
CIP
Project
Number
Project Element FY 23 CIP FY 24 CIP
612-07749 New Primary Equalization Basin (EQ
Basin) $300,000 $10,900,000
612-07786 WPCF New Administration Building and
Laboratory $20,000,000

DISCUSSION

The main goal of the amended PSA is to authorize additional services previously negotiated with Brown and Caldwell so that they may begin final design services for the Administration and Laboratory Building and the EQ Basin Relocation Projects, and perform geotechnical investigations.

The project will be split into three separate bid packages that include the Administration and Laboratory Building in the first bid package, the EQ Basin Relocation Project in the second bid package, and the WPCF Improvements Phase II Project in the third bid package. The primary advantage of constructing the Administration and Laboratory Building 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 early minimizing impacts to staff during construction of the Phase II Project. Preliminary design is anticipated to be completed in February 2023. Before

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=3354003&GUID=015931F3-41B1-45E5-8345- F8440FF11A26&Options=&Search=
2 https://hayward.legistar.com/View.ashx?M=F&ID=11029209&GUID=7059C7EC-4593-483D-91F3-DC0F24CF252B

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final design can begin, the geotechnical investigation for the new building needs to be completed. Therefore, Staff are seeking authorization for both final design services and geotechnical investigation so work can begin on preparing the final design package for bids following completion of the preliminary design work.

Because most of the project improvements are in the footprint of the WPCF’s current EQ Basin, a separate project to relocate the EQ 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. The goal is to have the new EQ Basin complete and operational prior to beginning work on the new BNR facility. Preliminary design services are currently underway to determine the size and location of the basins along with any required ancillary facilities such as pumping stations, inlet and outlet piping, and construction details required to meet Bay Area Air Quality Management District (BAAQMD) requirements. Preliminary design is anticipated to be completed in February 2023. Like the Administration and Laboratory Building, the geotechnical investigation must be complete before beginning final design services.

On March 15, 2022, staff issued a request for proposals for final design services for the Phase II Project and selected Brown and Caldwell as the best qualified firm. Staff negotiated a final scope of work and fee of $24,737,324. On July 5, 2022, Council authorized an initial agreement with Brown and Caldwell (B&C) in an amount not-to-exceed $3,849,711 for preliminary design services for the Phase II Project, leaving $20,887,613 of the initial negotiated design contract to be awarded in later increments. Staff is seeking authorization to amend the PSA by $4,800,000 for a not-to-exceed amount of $8,649,711 that includes the previously authorized preliminary design services, and partial authorization of final design services for the two early bid packages, along with the geotechnical investigation that is needed to support the design effort for all three bid packages. In 2023, Staff will return to council to authorize additional services in the PSA with Brown and Caldwell for the Phase II Project.

The following paragraphs briefly describe the proposed scope of the tasks to be authorized.

WPCF Administration Building and Laboratory Project – Project 612-07786:

The existing Administration and Laboratory Building was originally constructed in 1970 and was 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. Currently, engineering staff are housed in a temporary office trailer on the site due to lack of office space in the current building. 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 building to house administration, operations, engineering, and laboratory functions in a 21,000 square foot building. Preliminary design is underway to review and confirm the initial space planning needs and layout on the WPCF site, as well as building cost. Final design will begin in early 2023.

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EQ Basin Relocation Project – Project No. 612-07749:

The purpose of the Primary Clarifier EQ Basin is to store primary effluent when wet weather flows exceed the secondary treatment capacity at the plant. The EQ Basin also provides flexibility to store flows when process shutdowns are needed to for maintenance purposes.

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.

Geotechnical Investigation (Part of Project Number 612-07660):

A geotechnical investigation is required to determine the suitability of the subsurface soils to support the proposed facility improvements. The geotechnical investigation includes drilling exploratory borings, logging soil profiles and groundwater elevations, and sampling and testing to determine soil properties underlying proposed new facilities. The geotechnical investigation must be completed before start of final design as the investigation determines the suitability of the site for construction, the type of foundations that are required, seismic and soil bearing capacities, and other parameters that are used in the structural design of the facilities. A geotechnical report in support of the proposed design improvements, including structural foundation design, shoring, yard piping/trench design, structural backfill, dewatering, and asphalt concrete (AC) paving design will be prepared under this scope item.

ECONOMIC IMPACT

Many of the Phase II improvements were identified in the 2014 Master Plan update and funded in the adopted Capital Improvement Program. The Phase II Project includes a new biological nutrient removal 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 Water Board and provide protection against having to implement additional, potentially more costly improvements if the regulations change.

The total construction cost for the project is estimated to be between $125 to $169 million, which is a planning level estimate. The costs will be further refined during the preliminary design effort that is currently underway. It is anticipated that these improvements will affect sewer service rates and sewer connection fees. While the extent to which rates will need to be adjusted cannot be determined with certainty at this point, it is anticipated that customers could see a significant impact of 20% or more over the current rates, over the next several years.

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 payback period is deferred by up to 5 years

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after substantial completion of the project. SRF loans 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+”) 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.

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. Preliminary design for the Phase II Project is anticipated to be completed by June 2023 to the extent that work can begin on SRF and WIFIA loan applications. Staff will return to Council in early 2023 for additional authorization to amend the PSA to complete funding applications and the remainder of the final design services for the Phase II Project. Staff will continue seeking grant funding opportunities to lessen the impact on the City’s rate payers.

FISCAL IMPACT

On July 5, 2022, Council authorized $3,849,711 for preliminary design services for the Phase II Project. This amendment seeks partial authorization of the final design services in the amount of $4,800,000 for an amended not-to-exceed professional services contract amount of $8,649,711. This authorization includes engineering contingency in the amount of 5.6% of the final design fee to account for unanticipated engineering services that may be required as the design progresses. This is part of a multi-year contract that covers design through the completion of construction including startup assistance and training with a total PSA fee of $24,737,324. This project is anticipated to take six years to complete. The funding for this contract will be allocated from the Sewer Improvement Fund, 612-07660 (WPCF Nutrient Upgrades Design), 612-07749 (New Primary EQ Basin), and 612-07750 (New Final Clarifier).

As noted above, 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 retroactively reimburse for engineering design services. As the design progresses, the estimated project cost is expected to be adjusted, especially as the project elements become better defined. Budget adjustments will be brought forward to Council through the annual budget approval process. In addition, staff will continue seeking grant opportunities.

STRATEGIC ROADMAP

This agenda item supports the various goals of Council’s Strategic Roadmap. The WPCF Improvements Phase II Project will address infrastructure needs and improvements to increase the reliability of the City’s treatment plant, and construct process improvements to meet more stringent nutrient limits in accordance with upcoming regulatory requirements,

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while supporting the goals of the City Council. Specifically, this item relates to the implantation of the following projects:

Confront Climate Crises & Champion Environmental Justice.

Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C14b: Implement Shoreline Master Plan, including mitigating sea level rise in the industrial corridor through building requirements and outreach

Invest in Infrastructure.

Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers Project N19: Update Water Pollution Control Facility Phase II Plan

SUSTAINABILITY FEATURES

The WPCF Improvement Project Phase II will help maintain and improve the biology and health of the Bay which is vital for the region and the State. The Phase II Project will also satisfy the early actor requirements specified in the Water Board’s 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.

The Administration and Laboratory Building will be reviewed by the Building Division for conformance with State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.) which require a minimal level of energy efficiency, resource conservation, material recycling, etc. In addition, the building will be designed and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification, or better.

PUBLIC CONTACT

As part of the funding process, an environmental study (CEQA and/or Initial Study and Mitigated Negative Declaration) will be posted for public review and comment. In addition, a public hearing will be held to review the environmental study.

The project will include a web page to be hosted on the City’s website with periodic updates throughout the multi-year duration of the project.

NEXT STEPS

The following schedule has been developed for this project:

City Council Authorization to Award Final Design and
Engineering Services During Construction for the Phase II Project
February 2023

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Award of PSA for Third Party Construction Management
including Value Engineering and Constructability Review for the Phase II Project
June 2023
Approval of Environmental Study – IS/MND or CEQA December 2023 Approval of Plans and Specifications and Call for Bids for the Administration and Laboratory Building
December 2023
Approval of Application for WIFIA and SRF Loans January 2024 Award of Construction Contract for the Administration and Laboratory Building Project
February 2024
Approval of Plans and Specifications and Call for Bids for the EQ Basin Relocation Project
May 2024
Award of Construction Contract for the EQ Basin Relocation Project
July 2024
Approval of Plans and Specifications and Call for Bids for the Phase II Improvements Project
July 2024
Award of Construction Contract for the Phase II
Improvements Project
February 2025
Administration and Laboratory Building Project
Construction Completion
December 2025
EQ Basin Relocation Project Construction Completion June 2026 Phase II Improvements Project Construction Completion July 2028

Prepared 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. 22-____

Introduced by Council Member ______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WI TH

BROWN AND CALDWE LL TO INCREASE THE CONTRACT AMOUNT BY
$4,800,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $8,649,711 FOR

THE FINAL DESIGN SERVICES FOR THE ADMINISTRATION AND

LABORATORY BUILDING, PRIMARY EFFLUENT EQUALIZATION BASIN (EQ

BASIN) RELOCATION PROJECTS, AND GEOTECHNICAL INVESTIGATION

SERVICES FOR THE WATER POLLUTION CONTROL FACILITY (WPCF) IMPROVEMENTS PHASE II PROJECT, PROJECT NO. 07760

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

WHEARAS, in 2009, the City completed the construction of the WPCF Improvement Phase I Project that improved the reliab ility and efficiency of the WPCF ’s secondary biological treatment and clarification processes; 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, increasing nutrient loadings in the Bay is a growing concern for the Bay Area water quality community. The Water Board issue d the first Nutrients Watershed Permit, adopted in 2014, that required Dischargers 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; and

WHEREAS, on May 8, 2019, the Water Board adopted the 2 nd Nutrients Watershed Permit for managing nutrient discharges to the Bay and required further studies on the impacts of nutrients on the Bay and ind icated a load -cap based nitrogen regulatory framework which will be utilized for establishing future nitrogen limits when issuing the 3rd Nutrients Watershed Permit in 2024; and

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WHEREAS, the City of Hayward agreed to be an early actor with plans to substantially reduce nutrients in the 2 nd Watershed Permit. The benefits of being an early actor include should the Board impose future more stringent load limits, early actors will not be required to make further reductions during the design life of capital improvements; and

WHEREAS, it is anticipated that the Water B oard’s issuance of the 3 rd Nutrients Watershed Permit in 2024 will establish nitrogen load limits . 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; and

WHEREAS, the main goal of the Phase II Project is to construct improvements necessary for nu trient removal in compliance with the Water Board’s 2 nd Nutrient Watershed Permit early actor provisions; and

WHEREAS, on March 15, 2022, staff issued a request for proposals (RFP) to award a contract for design and engineering services during construction for the WPCF Improvement - Phase II (Phase II) Project; and

WHEREAS, in response to the RFP, the City received three (3) proposals and after objectively evaluating proposals, has determined that Brown and Caldwell possess the necessary experience and technical skills to perform the work; and

WHEREAS, the City and Brown and Caldwell have negotiated a not-to-exceed amount of $24,737,324 of which $3,849,711 is for preliminary design services for the WPCF Phase II Project; and

WHEREAS, on July 5, 2022 , Council authorized preliminary design services for the Phase II project with Brown and Caldwell in a not -to-exceed amount of $3,849,711 for the WPCF Phase II Project, and

WHEREAS, authorization of additional services are needed for final design of the early bid packages for the Administration and Laboratory Building, and Primary EQ Basin Relocation Projects, and Geotechnical Investigation Services in the amount of $4,800,000; and

WHEREAS, the City and Brown and Caldwell will pursue financing under 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; and

WHEREAS, staff will return to City Council for approval to authorize the remainder of the Professional Engineering Services in a not -to-exceed amount of $ 16,087,613 for final design and engineering services including optional service tasks for the WPCF Phase II Project;

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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, on behalf of the City of Hayward, an amendment to the existing professional services agreement with Brown and Caldwell for Final Design Services for the Administration and Laboratory Building, and EQ Basin Relocation Project s, and Geotechnical Investigation Services for the WPCF Phase II Project, increasing the contract by $4,800,000 for a total not-to-exceed amount of $8,649,711, 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 22-665
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Supporting East Bay Municipal Utility District’s(EBMUD) Grant Funding Application for the Implementation of Management Actions and Projects in the City/EBMUD Jointly Prepared East Bay Plain Subbasin Groundwater Sustainability Plan

RECOMMENDATION
That the Council adopts a resolution (Attachment II) supporting EBMUD’sGrant Funding Application to the California Department of Water Resources (DWR) for Sustainable Groundwater Management Grant Program - Implementation Round 2 funds to assist with implementation of management actions and projects in the City/EBMUD jointly Prepared East Bay Plain Subbasin Groundwater Sustainability Plan (GSP).
..End

SUMMARY
In June 2017, the State formally designated Hayward as the Groundwater Sustainability Agency (GSA) for the portion of the East Bay Plain Groundwater Subbasin (EBP Subbasin) that underlies the City. EBMUD is the GSA for the remaining portion of the Subbasin that underlies the agency’s service area. As a GSA, Hayward is responsible for developing and implementing a GSP to manage groundwater within its management area. Hayward and EBMUD worked together to prepare a single GSP for the EBP Subbasin, under the terms of a Cooperating Agreement.

The governing bodies of each entity approved the GSP in December 2021, and it was submitted to the State in January 2022. In addition, in September 2022, Hayward’sCity Council approved entering into an Implementation Agreement to work cooperatively with EBMUD to implement the GSP management actions necessary to ensure groundwater sustainability. EBMUD staff intends to submit a grant application to DWR for the Sustainable Groundwater Management Grant Program - Implementation Round 2 on behalf of EBMUD and Hayward for funding assistance to implement actions to fill groundwater basin data gaps, advance sustainable groundwater basin management, and support implementation of the GSP.

CITY OF HAYWARD Printed on 12/2/2022Page 1 of 2
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File #:CONS 22-665

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 2 of 2
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Supporting East Bay Municipal Utility District’s (EBMUD) Grant Funding Application for the Implementation of Management Actions and Projects in the City/EBMUD Jointly Prepared East Bay Plain Subbasin Groundwater Sustainability Plan

RECOMMENDATION

That the Council adopts a resolution (Attachment II) supporting EBMUD Grant Funding Application to the California Department of Water Resources (DWR) for Sustainable Groundwater Management Grant Program - Implementation Round 2 funds to assist with implementation of management actions and projects in the City/EBMUD jointly Prepared East Bay Plain Subbasin Groundwater Sustainability Plan (GSP).

SUMMARY

In June 2017, the State formally designated Hayward as the Groundwater Sustainability Agency (GSA) for the portion of the East Bay Plain Groundwater Subbasin (EBP Subbasin) that underlies the City. EBMUD is the GSA for the remaining portion of the Subbasin that underlies the agency’s service area. As a GSA, Hayward is responsible for developing and implementing a GSP to manage groundwater within its management area. Hayward and EBMUD worked together to prepare a single GSP for the EBP Subbasin, under the terms of a Cooperating Agreement.

The governing bodies of each entity approved the GSP in December 2021, and it was submitted to the State in January 2022. In addition, in September 2022, Hayward’s City Council approved entering into an Implementation Agreement to work cooperatively with EBMUD to implement the GSP management actions necessary to ensure groundwater sustainability. EBMUD staff intends to submit a grant application to DWR for the Sustainable Groundwater Management Grant Program - Implementation Round 2 on behalf of EBMUD and Hayward for funding assistance to implement actions to fill groundwater basin data gaps, advance sustainable groundwater basin management, and support implementation of the GSP.

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BACKGROUND

Extreme drought conditions and unprecedented low-groundwater levels in California have highlighted the importance of groundwater and the need to protect this resource against unsustainable pumping and irreversible environmental impacts, such as land subsidence.

These concerns prompted the development of the Sustainable Groundwater management Act (SGMA) legislation in 2014, creating a statewide framework for sustainable, local- groundwater management in the state.

As part of SGMA, local agencies in medium- and high-priority basins are required to form GSAs with authority and responsibility for developing and implementing GSPs. The EBP Subbasin, which in part underlies Hayward, was deemed a medium-priority basin and subject to SGMA requirements.

In June 2017, the State formally designated Hayward as the GSA for the portion of the EBP Subbasin that underlies the City. A primary responsibility of a GSA is to develop and implement a GSP to demonstrate the Subbasin will be sustainably managed within 20 years of Plan implementation without adverse impacts. The remainder of the EBP Subbasin underlies EBMUD’s service area, and EBMUD is the GSA for that portion of the Subbasin.

The City and EBMUD entered into a Cooperating Agreement in June 2018 (subsequently amended three times) to work together to develop a single GSP for the entirety of the EBP Subbasin. This collaboration reduced duplication of technical work, improved communication with stakeholders across the entire EBP Subbasin, and resulted in a robust and effective GSP. Council and the EBMUD Board of Directors adopted the GSP for the EBP Subbasin on December 71 and December 14, 20212 respectively, and it was submitted to the State Department of Water Resources (DWR) on January 26, 2022.

The Cooperating Agreement anticipated the possibility of grant funding from DWR to expand on the original scope of work set forth in the Agreement. EBMUD and DWR have since entered into agreements for Proposition 1 and Proposition 68 grant funds totaling $1,680,000 for additional monitoring and analysis, as well as developing a publicly accessible data management system. Some of this work is in progress and has not yet been completed.

Staff from both agencies developed an Implementation Agreement that was executed in November 2022 that allows for coordinated management of the EBP Subbasin and addresses the governance structure, decision-making procedures, and allocation of costs and responsibilities relative to implementing the GSP to ensure coordinated management and compliance with SGMA.

As indicated in the GSP, the GSAs are required to implement management actions to fill data gaps and advance sustainable management of the EBP Subbasin. To provide financial assistance for GSP implementation, DWR is administering the Sustainable Groundwater Management Grant Program - Implementation Round 2, using funds authorized by the California Budget Acts of 2021 and 2022.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=5347830&GUID=2C82ACB9-EBCF-4AA1-B45C-65F1C3F2434B&Options=&Search= 2 https://www.ebmud.com/water/about-your-water/water-supply/groundwater-sustainability-agencies

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DISCUSSION

As required by SGMA, Council adopted a GSP for the Subbasin on December 7, 2021. The City and EBMUD, through a Cooperating Agreement and subsequent amendments, completed and submitted the GSP to DWR on January 26, 2022. The GSP was developed in accordance with SGMA and shows the EBP Subbasin is sustainable.

The GSP commits the City and EBMUD to implement management actions within the portions of the EBP Subbasin underlying their respective service areas to maintain sustainability within the Subbasin. The management actions will fill data gaps and advance sustainable management of the Subbasin. In addition, the GSP identified proposed projects that may be pursued during implementation. The City and EBMUD executed a GSP Implementation Agreement in November 2022, that defines the responsibilities and cost- sharing for the GSAs during implementation.

Implementing monitoring actions allows for effective groundwater basin management necessary to meet GSP/SGMA requirements while significantly improving the understanding of groundwater basin conditions - including water levels, quality, and stream-aquifer interaction. The existing and potential future projects reflect the GSAs’ desire to fill data gaps and let science-based decision-making drive the feasibility of future groundwater pumping.

After sufficient data collection, future projects under consideration by EBMUD may include additional phases of Bayside, irrigation with groundwater, and the use of groundwater to supplement flows into San Leandro Creek that EBMUD voluntarily releases from Chabot Dam to approximate historic leakage flows. Potential future Hayward projects may include a well conversion study and a conjunctive use study.

DWR is administering the Sustainable Groundwater Management Grant Program - Implementation Round 2 solicitation and will award a total of approximately $230 million for applicants located within groundwater basins designated as medium-priority, high- priority, and critically overdrafted basins, for planning and implementation projects to help comply with SGMA.

As a medium-priority basin, the EBP Subbasin is an eligible basin for this grant, and grant funds could assist with implementation activities. Grant funding applications are due on December 16, 2022, and only one grant application per subbasin will be accepted. DWR has indicated awards are expected to range from $1 million to $20 million. The amount of the grant submission has not been determined, but it is anticipated to be an amount of up to $3 million. EBMUD will lead the application process and serve as the grant administrator with Hayward as a supporting agency.

ECONOMIC IMPACT

SGMA provides mechanisms for GSAs to recover costs for groundwater management through water rates, pump and extraction fees, and grants. However, based on the

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anticipated actions, implementation of the GSP is not expected to have significant economic impacts on the City’s water customers.

FISCAL IMPACT

The Water Improvement Fund in the Capital Improvement Program (CIP) includes funds for groundwater-related activities - including preparation and implementation of the GSP.

The existing allocation is sufficient to support near-term actions, such as groundwater water monitoring and preparing the annual report. Costs to implement management actions and projects included in the GSP are expected to be offset by cost sharing with EBMUD, as well as any grants that are received. There will be no impact on the General Fund.

STRATEGIC ROADMAP

This agenda item does not relate to one of the Council’s six Strategic Priorities.

SUSTAINABILITY FEATURES

The City’s emergency wells are currently equipped to deliver water in the event of an earthquake or other disruptions to the City’s imported surface-water supplies.

Implementation of the GSP ensures the groundwater beneath the City is protected and sustainably managed to increase overall water supply reliability, maximize local sources, and diversify Hayward’s water supply to help the City respond to future uncertainties and the effects of climate change. This grant, if awarded, would help facilitate long-term protection of the EBP Subbasin by partially funding GSP implementation activities.

PUBLIC CONTACT

SGMA requires active stakeholder participation in GSP development and implementation to ensure common understanding and transparency. Key stakeholders in Hayward include large groundwater users and neighboring agencies, such as the Hayward Area Parks and Recreation District, Chabot College, Alameda County, and the Alameda County Water District.

The City and EBMUD developed a Stakeholder Communication and Engagement Plan that guides stakeholder outreach and incorporates a broad variety of communication methods.

Regular meetings have been conducted with stakeholders and interested parties throughout development of the GSP. Active stakeholder engagement during GSP implementation will continue, and include a Technical Advisory Committee and an Inter- Basin Working Group to share information and coordinate management actions.

NEXT STEPS

If Council concurs with the recommendation, staff will provide support for EBMUD’s grant application submission for the implementation of management actions and projects in the City/EBMUD jointly prepared EBP Subbasin GSP.

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Prepared by: Cheryl Muñoz, Water Resources Manager

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 SUPPORTING EAST BAY MUNICIPAL UTILITY DISTRICT’S (EBMUD) GRANT FUNDING APPLICATION FOR THE IMPLEMENTATION OF

MANAGEMENT ACTIONS AND PROJECTS IN THE CITY/EBMUD JOINTLY

PREPARED EAST BAY PL AIN SUBBASIN GROUNDW ATER SUSTAINABILITY PLAN

WHEREAS, the California Legislature adopted, and the Governor signed into law, the Sustainable Groundwater Management Act of 2014 (SGMA), which authorizes local agencies to ensure sustainable management of groundwater resources; and

WHEREAS, SGMA requires that by January 31, 2022, all groundwater basins designated by the California Department of Water Resources (DWR) as high - or medium- priority basins be managed under a single Groundwater Sustainability Plan (GSP) , coordinated GSPs prepared by the Groundwater Sustainability Ag ency (GSA) or Agencies managing the basin, or an alternative plan, as provided for in Cal. Water Code Section 10720.7(a); and

WHEREAS, the East Bay Plain Subbasin 2-009.04 is subject to the provisions of SGMA; and

WHEREAS, Hayward and EBMUD are the exclusive GSAs for their respective management areas in the East Bay Plain Subbasin; and

WHEREAS, Hayward and EBMUD entered into a Cooperating Agreement on June 25, 2018, to prepare a single GSP for the East Bay Plain Subbasin, and the Cooperating Agreement was subsequently amended on March 19, 2019, December 22, 2020, and November 19, 2021; and

WHEREAS, the Hayward City Council adopted the GSP on December 7, 1021; and

WHEREAS, the Hayward City Council City authorized the City Manager to execute an Implementation Agreement with EBMUD on September 27, 2022, to work cooperatively to implement management actions and projects in the East Bay Plain Subbasin GSP; and

WHEREAS, Hayward and EBMUD desire to submit an application to the Department of Water Resour ces for Sustainable Groundwater Mana gement Grant Program – Implementation Round 2 funding for GSP implementation activities; and

ATTACHMENT II

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WHEREAS, EBMUD has agreed to serve as the lead agency for grant application submission, and, if successful, administering the grant; and

WHEREAS, the City is committed to providing its full support of this funding assistance opportunity.

NOW, THEREFORE , BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes East Bay Municipal Utility District to submit the Sustainable Groundwater Management Grant Program – Implementation Round 2 grant application and execute the grant agreement on the City’s behalf.

IN COUNCIL, HAYWARD, CALIFORNIA ____________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

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 22-666
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Demonstrating Compliance with State Housing Laws per the Metropolitan Transportation Commission and One Bay Area Grant Funding Requirements

RECOMMENDATION
That Council adopts a resolution (Attachment II) to demonstrate compliance with State Housing Laws per the Metropolitan Transportation Commission (MTC) requirements related to One Bay Area Grant (OBAG) funding.

SUMMARY
The MTC requires local jurisdictions to adopt a resolution stating compliance with State Housing Laws to maintain funding eligibility for OBAG 2 and OBAG 3 federal monies.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Demonstrating Compliance with State Housing Laws per Metropolitan Transportation Commission and One Bay Area Grant Funding Requirements

RECOMMENDATION

That Council adopts a resolution (Attachment II) to demonstrate compliance with State Housing Laws per the Metropolitan Transportation Commission (MTC) requirements related to One Bay Area Grant (OBAG) funding.

SUMMARY

The MTC requires local jurisdictions to adopt a resolution stating compliance with State Housing Laws to maintain funding eligibility for OBAG 2 and OBAG 3 federal monies.

BACKGROUND

The MTC’s OBAG program “Project Selection and Programming Policies” requires local jurisdictions to demonstrate compliance with certain State housing laws to maintain funding eligibility. The City can self-certify compliance of State housing laws related to surplus lands, accessory dwelling units, and density bonuses by adopting a resolution stating compliance with State housing laws in order to have OBAG 2 federal monies included in the Fiscal Year (FY) 2023 annual obligation plan, and to access funds in the OBAG 3 funding cycle. The City has one project receiving OBAG 2 funds: the Main Street Complete Street Project.

DISCUSSION

As required by MTC Resolution No. 4505, adopted on January 26, 2022, staff recommends that Council adopts the attached resolution to ensure the City’s continued eligibility for OBAG funds. The resolution acknowledges and confirms the following:

1. The City agrees to comply with the Surplus Land Act (California Government Code § 54220, et seq.) as it exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and

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report annually an inventory of surplus lands to the California Department of Housing and Community Development;

2. The City agrees to comply with State laws related to Accessory Dwelling Units and Junior Accessory Dwelling Units as they exist now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq., and California Health & Safety Code § 17980.12;

3. The City agrees to comply with state Density Bonus Law (California Government Code § 65915, et seq.), as it exists now or may be amended in the future; and

4. As of the adoption date of the corresponding resolution, the City warrants and represents, in its actual and present knowledge, that it is in compliance with the aforementioned Dtate housing laws and that there are no claims, actions, suits, or proceedings pending, alleging violations of the State housing laws by the City.

ECONOMIC IMPACT

The City will maintain funding eligibility for the OBAG 2 funding which will result in completion of the Main Street Complete Street Project.

FISCAL IMPACT

Confirming compliance with State Housing laws does not have a fiscal impact. Taking no action on the local resolution to confirm compliance with State Housing laws would jeopardize the City’s eligibility for up to $1,675,000 in OBAG 2 funding. The City has been allocated $1,675,000 in OBAG 2 funds for the Main Street Complete Street Project.

STRATEGIC ROADMAP

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

N1: Improve access and mobility in downtown Hayward

SUSTAINABILITY FEATURES

No sustainability features will result with this resolution.

PUBLIC CONTACT

No public contact has been made related to this resolution.

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NEXT STEPS

If Council approves this request, the City will maintain funding eligibility for OBAG 2 and OBAG 3 federal monies.

Prepared by: 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 OF THE CITY COUNCIL OF THE CITY OF HAYWARD

REGARDING LOCAL COMPLIANCE WITH STATE HOUSING LAWS

PURSUANT TO METROPOLITAN TRANSPORTATION COMMISSION

AND ONE BAY AREA FUNDING REQUIREMENTS

WHEREAS, the San Francisco region has the highest housing costs in the United States; and

WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007-2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and

WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and

WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing;

WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADU s) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and

WHEREAS, density bonus es are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and

WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds.

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

 That the City of Hayward agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as exists now or may be amended in the future , including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development; and

ATTACHMENT II

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 That the City of Hayward agrees to comply with state laws related to ADUs and JADUs, as it exists now or may be amended in the future , including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code §§ 17980.12; and  That the City of Hayward agrees to comply with state Density Bonus Law (California Government Code § 65915 et seq. ), as exists now or may be amended in the future; and
 That the City of Hayward warrants and represents that is in compliance with the aforementioned state housing laws and tha t there are no claims, actions , suits, or proceedings pending to the best of the City of Hayward’s knowledge, alleging violations of the state housing laws by the City of Hayward.

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 22-676
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Agreement with Workforce Integrity and Training Solutions, LLC for Labor Compliance Coordination Services in the Amount of $200,000 for a Total Not-To-Exceed Amount of $372,000 and for Extension of the Agreement to December 31, 2023
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 2 with Workforce Integrity and Training Solutions, LLC (WITS) in the amount of $200,000 for a total not-to-exceed (NTE) amount of $372,000 and for an extension of the agreement end date to December 31, 2023.

SUMMARY
Community Workforce Agreements (CWA) are common in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. In April 2015, Council directed staff to negotiate and execute a CWA with the Alameda County Building Trades Council (BTC) for the 21st Century Library. In February 2016, Council directed staff to create a “Citywide” CWA that could be applied to a broader scope of projects within the community. To comply with the CWA and provide labor compliance coordination services, the City entered into an agreement with WITS in 2021. The agreement is set to expire on December 6, 2022. Staff is recommending increasing the agreement by $200,000 and extending it through December 31, 2023 for continued oversight on major projects, including Fire Station 6/Fire Training Center, the Water Pollution Control Facility (WPCF) Headworks Rehabilitation, the annual Pavement Improvement Program (PIP), and others.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 2
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File #:CONS 22-676
CITY OF HAYWARD Printed on 12/2/2022Page 2 of 2
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Agreement with Workforce Integrity and Training Solutions, LLC for Labor Compliance Coordination Services in the Amount of $200,000 for a Total Not-To-Exceed Amount of $372,000 and for Extension of the Agreement to December 31, 2023

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 2 with Workforce Integrity and Training Solutions, LLC (WITS) in the amount of $200,000 for a total not-to-exceed (NTE) amount of $372,000 and for an extension of the agreement end date to December 31, 2023.

SUMMARY

Community Workforce Agreements (CWA) are common in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. In April 2015, Council directed staff to negotiate and execute a CWA with the Alameda County Building Trades Council (BTC) for the 21st Century Library. In February 2016, Council directed staff to create a “Citywide” CWA that could be applied to a broader scope of projects within the community. To comply with the CWA and provide labor compliance coordination services, the City entered into an agreement with WITS in 2021. The agreement is set to expire on December 6, 2022. Staff is recommending increasing the agreement by $200,000 and extending it through December 31, 2023 for continued oversight on major projects, including Fire Station 6/Fire Training Center, the Water Pollution Control Facility (WPCF) Headworks Rehabilitation, the annual Pavement Improvement Program (PIP), and others.

BACKGROUND

In April 2015, Council directed staff to negotiate and execute a CWA with the BTC for the 21st Century Library. In February 2016, Council directed staff to create a “Citywide” CWA

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that could be applied to a broader scope of projects within the community. To comply with the CWA and provide labor compliance coordinate services, the City released a Request for Proposal (RFP) and entered into an agreement with WITS in 2021 for $72,000. In April 2022, Council adopted Resolution No. 22-081 which authorized Amendment No. 1 increasing the agreement to a NTE amount of $172,000 and expiration date of December 6, 2022.

DISCUSSION

Administration of the CWA requires staff resources. The greatest concern is the administrative burden on the City’s project managers for implementing and monitoring the agreement. While a staff position was created to implement and monitor the CWA, it remains vacant. WITS provides labor compliance coordination services and has done so since 2020. WITS has assisted with Fire Station 6/Fire Training Center, the WPCF Headworks Rehabilitation, and the FY21 PIP and is able to assist with upcoming projects, such as FY22 PIP, Safe Routes for Seniors, Linear Park, and Root Foaming of Sanitary Sewer.

Environmental Review

This item and action is statutorily exempt from environmental analysis under the California Environmental Quality Act (CEQA) since it is not a project. CEQA Guidelines, Section 15378(b)(5) states that a project does not include “organization or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” CEQA reviews will be completed separately for individual Public Works’ projects subject to the Citywide CWA.

FISCAL IMPACT

This item will be funded through project budgets that are recommended to comply with the City’s CWA. Budgets have been appropriated through the Adopted FY23 Capital Improvement Program. This item will have no impact on the General Fund.

STRATEGIC ROADMAP

This item is a routine operational item and does not directly relate to the Council’s Strategic Roadmap.

SUSTAINABILITY FEATURES

This item has no sustainability features.

PUBLIC CONTACT

No public contact has been made related to this item.

Page 3 of 4 ends

NEXT STEPS

If approved, the City Manager will execute Amendment No. 2 to the agreement with WITS to increase the contract amount to a NTE amount of $372,000 and extend the end date to December 31, 2023.

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 THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE AGREEMENT WITH WORKFORCE INTEGRITY

AND TRAINING SOLUTIONS, LLC FOR LABOR COMPLIANCE COORDINATION SERVICES IN THE AMOUNT OF $200,000 FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $372,000 AND EXTENDING THE AGREEME NT TO DECEMBER 31, 2023

WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 27th day of January 2021 entitled “Agreement for Professional On-Call Services Between the City of Hayward And Workforce Integrity and Training Solutions (WITS) For Consulting Services For Community Workforce Agreement Oversight” in the amount of $72,000; and

WHEREAS, on April 19, 2022, City Council authorized Amendment No. 1 to increase the agreement by $100,000 and extend the expiration date to December 6, 2022; and,

WHEREAS, the City and WITS desire to amend the Agreement in certain respects to provide additional services related to the administration of the citywide CWA; and,

WHEREAS, the FY23 Adopted CIP Budget has appropriated project budgets that will require this oversight.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows that the City Manager is hereby authorized to execute Amendment No. 2 with WITS for CWA administration services in an amount of $200,000, for a total not-to- exceed amount of $372,500, and extending the Agreement to December 31, 2023.

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 22-678
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Amending Resolution 22-087 to Apply as Joint Applicant with EAH, Inc for the California State Department of Housing and Community Development California Housing Accelerator Limited Accelerator Project Gap Funding Program
That the Council adopts a resolution (Attachment II) amending Resolution 22-087 (Attachment III) and restating the City Manager’s authorization to apply as a joint applicant with EAH, Inc. for the State of California Housing and Community Development Department (HCD) California Housing Accelerator Limited Accelerator Project Gap Funding Program (LAPG Program) and increasing the amount of funding not-to-exceed $51 million to support the Pimentel Place development of 57 affordable housing units.

SUMMARY
In October 2022, HCD announced the availability of approximately $45 million under the LAPG Program for the purpose of supporting previously awarded Tier 1 and Tier 2 California Housing Accelerator projects that have not yet closed on their construction loan, and which cannot proceed due to funding gaps resulting from increased costs post Accelerator award. City staff and EAH, Inc. have determined that Pimentel Place meets the eligibility requirements for the LAPG Program and could receive up to $4.5 million in grant money to cover eligible project costs. A successful application to HCD’s LAPG Program would close the funding gap for Pimentel Place and would allow the project to begin construction by spring 2023. Staff recommends that the City, as a joint applicant with EAH, Inc., apply for the LAPG Program to support the development for 57 units of affordable housing at Pimentel Place.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution 22-087
Attachment IV Income and Rent Limits
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Amending Resolution 22-087 to Apply as Joint Applicant with EAH, Inc for the California State Department of Housing and Community Development California Housing Accelerator Limited Accelerator Project Gap Funding Program

RECOMMENDATION

That the Council adopts a resolution (Attachment II) amending Resolution 22-087 (Attachment III) and restating the City Manager’s authorization to apply as a joint applicant with EAH, Inc. for the State of California Housing and Community Development Department (HCD) California Housing Accelerator Limited Accelerator Project Gap Funding Program (LAPG Program) and increasing the amount of funding not-to-exceed $51 million to support the Pimentel Place development of 57 affordable housing units.

SUMMARY

In October 2022, HCD announced the availability of approximately $45 million under the LAPG Program for the purpose of supporting previously awarded Tier 1 and Tier 2 California Housing Accelerator projects that have not yet closed on their construction loan, and which cannot proceed due to funding gaps resulting from increased costs post Accelerator award. City staff and EAH, Inc. have determined that Pimentel Place meets the eligibility requirements for the LAPG Program and could receive up to $4.5 million in grant money to cover eligible project costs. A successful application to HCD’s LAPG Program would close the funding gap for Pimentel Place and would allow the project to begin construction by spring 2023. Staff recommends that the City, as a joint applicant with EAH, Inc., apply for the LAPG Program to support the development for 57 units of affordable housing at Pimentel Place.

BACKGROUND

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

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

- Over $5.3 million under the Measure A1 Rental Housing Development Regional Pool - $400,000 in HOME funds from Alameda County
- Over $8 million from the HCD Multifamily Housing Program - Over $4 million from the HCD Infill Infrastructure Grant Program - Approximately $7 million from the HCD Housing for Healthy California Program - Over $46 million from the California Housing Accelerator Program – Tier 2

The project was thought to have complete funding and the ability to start construction once awarded the California Housing Accelerator funds; however, because of increased construction costs and interest rates post the Accelerator award, the project has subsequently identified a funding gap of approximately $4.5 million, and, as a result, is unable to proceed with their construction loan closing and start construction. The funding available under the LAPG Program would close the project’s financial gap and construction would start no later than 180 days from the supplemental award letter date with an anticipated completion of construction date for Fall 2024.

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

After closing the CHA Program, in October 2022, HCD announced, as a limited supplemental solicitation to the Tier 1 and Tier 2 solicitations, the availability of approximately $45 million in supplemental funding for the purposes of supporting previously awarded Tier 1 and Tier 2 California Housing Accelerator projects which have not yet closed on their construction loan and cannot proceed due to funding gaps resulting from unprecedented increased costs accrued post Accelerator awards. Funding available under the LAPG Program is derived from a combination of the CSFRF, established by the federal ARPA and the state General Fund.

The LAPG Program is scheduled to announce awards at the end of November 2022 which would require awarded projects to construction to no later than 180 days from the

Page 3 of 5 ends

supplemental award letter date. The projects would also be required to complete permanent loan conversions no later than November 2026.

Housing Element and Regional Housing Needs Allocation Compliance Local jurisdictions report progress annually on meeting their Regional Housing Needs Allocation (RHNA) goals which are included in the City’s Housing Element. Table 1 demonstrates progress made toward meeting Hayward’s RHNA goals for the period between 2015-2023 as of the last report year (2021), which is shown in the column titled “Reported 2020.” The State allows local jurisdictions to “report” the units when building permits are issued to construct the units. The “Approved” and “Pending Approval” columns provide an estimate of potential compliance by counting both entitled projects and projects going through the entitlement process.

Pimentel Place will add 57 affordable housing units to the City’s housing stock, which would help the City to meet its RHNA goals for low- and very low-income households. The income targeting is expected to change based on the requirements of all the funding sources utilized to fully fund the project. The most restrictive income targeting will apply.

Generally, projects with low average affordability levels are more competitive for state funding sources, which means the project may serve a lower-income population than initially proposed. Pimentel Place will help the City meet the following goals established in the City’s Housing Element:

 Assist in the development of housing affordable to low- and moderate-income households;
 Promote equal housing opportunities for all persons; and  Provide for the special housing needs of seniors, persons with disabilities, large families with children, single female-headed households, and persons who are homeless.

Table 1 - 2023 RHNA Goal Progress in the City of Hayward

As of 2020, the City already exceeded its goal for above moderate income units. If permits are issued for all projects currently in the development pipeline, the City is on track to nearly comply with the low-income category and make progress towards very low and moderate categories.

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DISCUSSION

In response to the LAPG Program, EAH Inc. and staff have determined that Pimentel Place meets the eligibility requirements for the LAPG Program and could receive up to $4.5 million in grant money to cover eligible project costs. A successful application to the LAPG Program would provide additional needed project funding to close the funding gap and quickly begin construction. A description of the LAPG Program and the assistance it will provide to the project is further described in the following sections.

Description of the Program Eligibility Criteria
The LAPG Program incorporates by reference the requirements, standards, and rules as set forth in the prior Tier 1 and Tier 2 CHA Program. Under the CHA Program, grant funds are available to eligible multifamily housing projects that have already an existing HD loan commitment from one or more sources of HCD loan programs. Pimental Place meets these requirements as the Project has received a Tier 2 CHA Program award and received funding under three other HCD loan programs. HCD requires an authorizing resolution from the City within 30 days of the application deadline (November 14, 2022).

Funding is exclusively for eligible costs categorized under the federal low-income housing tax credit program.

Project Description
Pimentel Place is located at 2nd and C Streets. The site is currently a vacant lot following the demolition of a vacant commercial building in 2019. The project will consist of 57 units of residential apartments with two non-residential spaces, 800 sf and 1600 sq. ft. in size. The project amenities include on-site laundry facilities, community room, computer learning center, indoor kids’ play area, an outdoor roof deck, and an on-site resource coordinator to provide coordination of services related to health, nutrition, education, employment, transit, and other services for residents.

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

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

All units, excluding the manager’s unit, will serve income eligible households earning a range from $20,000 to $114,240 (20% to 80% AMI levels). Attachment III provides the income limits associated with each income category for Alameda County. The project’s unit mix includes: 11 one-bedroom apartments; 27 two-bedroom apartments; and 18 three-bedroom apartments; and one on-site manager’s unit.

If this resolution is approved tonight and the project is awarded funds, staff will transmit the authorizing resolution to HCD, enter into a standard agreement with HCD, close loans with the developer for previously committed City funding in order to start construction t in spring 2023 and have full occupancy by winter 2024.

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ECONOMIC IMPACT

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

FISCAL IMPACT

The $51 million LAPG funds do not require a matching contribution. Acceptance and appropriation of the LAPG Program will completely fund Pimentel Place. There is no fiscal impact to the General Fund.

If awarded, the grant funds will reimburse costs directly to the EAH, Inc. While the City will be party to the standard agreement with HCD, EAH, Inc. will cover the costs associated with the development of Pimentel Place. Staff has requested authority to receive the grant award consistent with the template resolution provided by the State but does not anticipate the need to receive the grant funds since the City will not be paying for the project costs.

STRATEGIC ROADMAP

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

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

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

PUBLIC CONTACT

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

NEXT STEPS

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

Prepared by: Jane Kim, Housing Development Specialist

Recommended by: Christina Morales, Housing Division Manager Jennifer Ott, Assistant City Manager

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AMENDING RESOLUTION 22 -087 AND RESTATING THE AUTHORIZATION OF THE CITY MANAGER TO: 1) APPLY FOR AN AWARD

FROM THE CALIFORNIA HOUSING ACCELERATOR LIMITED ACCELERATOR

PROJECT GAP FUNDING PROGRAM FROM THE CALIFORNIA STATE
DEPARTMENT OF HOUS ING AND COMMUNITY; 2) ENTER INTO A

STANDARD AGREEMENT WITH THE CALIFORNIA S TATE DEPARTMENT OF

HOUSING AND COMMUNITY DE VELOPMENT FOR THE CALIFORNIA

HOUSING ACCELERATOR LIMITED ACCELERATOR PROJECT GAP FUNDING PROGRAM; AND 3) ACCEPT AN AMOUNT NOT TO EXCEED $ 51 MILLION TO SUPPORT THE PIMENTEL PLACE DEVELOPMENT FOR 57 UNITS OF

AFFORDABLE HOUSING

WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code, has issued a Project Solicitation and Guidelines, dated February 28, 2022, amended May 5, 2022, amended August 31, 2022, and October 20, 2022 Memorandum , under its California Housing Accelerator Limited Accelerator Project Gap Funding Program (“Solicitation”); and

WHEREAS, City of Hayward (“Public Entity” ) is authorized and directed to submit an application in response to the Solicitation (the “Application”) for Pimentel Place (“Project”); and

WHEREAS, the Department requires projects applying under the Solicitation to be previously awarded Tier 1 and Tier 2 California Housing Accelerator (“CHA Program”) projects which have not yet closed on their construction loan and which cannot proceed due to funding gaps resulting from increased costs post Accelerator award; and

WHEREAS, in April 2022, the Publi c Entity, under Resolution 22 -087 was authorized to apply and accepts an amount not to exceed $50 million for the Project; and

WHEREAS, in September 2022, the Department awarded the Project approximately $46,151,728 in CHA Program funding as a Tier 2 project; and

WHEREAS, the Public Entity and EAH, Inc. is seeking to apply under the Solicitation to complete the gap funding for the Project which would allow for construction of the Pimentel Place Development to start; and,

ATTACHMENT II

Page 2 of 3 ends

WHEREAS, the Department will make a conditional commitment of funds from the California Housing Accelerator Limited Accelerator Project Gap Funding Program in reliance on the representations in that Application (the “California Housing Accelerator Limited Accelerator Project Gap Funding Loan”).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby amends the authorized not to exceed amount contained in paragraph six of Resolution 22-087 by replacing it with an amount not to exceed $51 million, with the remainder of the paragraph to remain as is.

BE IT FURHTER RESOLVED, by the City Council of the C ity of Hayward, that the Public Entity is hereby authorized and directed to act in connection with the Department’s award of the California Housing Accelerator Limited Accelerator Project Gap Funding Loan; and

BE IT FURTHER RESOLVED, by the City Council o f the City of Hayward that the City Manager is hereby authorized and directed to submit a joint application with EAH, Inc., to the Department’s Housing Accelerator Limited Accelerator Project Gap Funding Program for an award of the California Housing Accelerator Limited Accelerator Project Gap Funding Loan to support the Pimentel Place Development of 57 units of affordable housing; and

BE IT FURTHER RESOLVED, that in connection with the California Housing Accelerator Limited Accelerator Project Gap Funding Loan, the City Manager is authorized and directed to enter into, execute, and deliver a Standard Agreement in an amount not to exceed $5 1 million an d any and all other documents required or deemed necessary or appropriate to secure the California Housing Accelerator Limited Accelerator Project Gap Funding Loan from the Department and to participate in the California Housing Accelerator Limited Accelerator Project Gap Funding P rogram, and all amendments thereto (collectively, the “California Housing Accelerator Loan Documents”); and

BE IT FURTHER RESOLVED, that the Public Entity acknowledges and agrees that the City shall be subject to the terms and conditions specified in the Standard Agreement, and that the Solicitation and the Standard Agreement will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowa ble expenditures, uses, and activities identified in the Standard Agreement; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Application, Standard Agreement, and the California Housing Accelerator Limited Accelerator Project Gap Funding Loan Documents on behalf of the Public Entity.

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

HAYWARD CITY COUNCIL
RESOLUTION NO. 22-087
Introduced by Council Member Salinas
RESOLUTION AUTHORIZING THE CITY MANAGER TO: 1) APPLY FOR AN

AWARD FROM THE CALIFORNIA HOUSING ACCELERATOR PROGRAM FROM

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

AGREEMENT WITH THE CALIFORNIA SATE DEPARTMENT OF HOUSING

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

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

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward, that the Public Entity is hereby authorized and directed to act in connection with the Department's award of the California Housing Accelerator Loan; and BE IT FURTHER RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to submit a joint application with EAH, Inc., to the Department's Housing Accelerator Program for an award of the California Housing Accelerator Loan to support the Pimentel Place Development of 57 units of affordable housing; and
BE IT FURTHER RESOLVED, that in connection with the California Housing Accelerator Loan, the City Manager is authorized and directed to enter into, execute, and deliver a Standard Agreement in an amount not to exceed $ 50 million and any and all other documents required or deemed necessary or appropriate to secure the California Housing Accelerator Loan from the Department and to participate in the California Housing Accelerator program, and all amendments thereto ( collectively, the " California Housing Accelerator Loan Documents"); and
BE IT FURTHER RESOLVED, that the Public Entity acknowledges and agrees that the City shall be subject to the terms and conditions specified in the Standard Agreement, and that the Solicitation and the Standard Agreement will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures, uses, and activities identified in the Standard Agreement; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Application, Standard Agreement, and the California Housing Accelerator Loan Documents on behalf of the Public Entity.

IN COUNCIL, HAYWARD,CALIFORNIA April 19, 2022.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS: Andrews, Lamnin, Salinas, Wahab, Zermeno MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBER: Marquez
ATTEST:

City Clerk of the City of Hayward
AP7VED
AS TO FORM:

IA
City Attorney of the City of Hayward

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ATTACHMENT IV

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-679
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Assistant City Manager/Interim Director of Human Resources

SUBJECT
Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2023 Pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the implementation of the mandatory minimum employer contributions to active and retiree medical premiums for calendar year 2023.

SUMMARY
The minimum employer contribution to the medical premiums of active and retired employees has increased to $151.00 for calendar year 2023. This contribution amount is adjusted annually by CalPERS.

The City’s current contribution exceeds this amount.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Interim Director of Human Resources

SUBJECT Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2023 Pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) authorizing the implementation of the mandatory minimum employer contributions to active and retiree medical premiums for calendar year 2023.

SUMMARY

The minimum employer contribution to the medical premiums of active and retired employees has increased to $151.00 for calendar year 2023. This contribution amount is adjusted annually by CalPERS. The City’s current contribution exceeds this amount.

BACKGROUND AND DISCUSSION

The City contracts with CalPERS to provide quality health benefits to its active and retired employees. California Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA) establishes the minimum employer medical contribution. The CalPERS Board annually adjusts the employer contribution to reflect any change in the Medical Care Component of the Consumer Price Index, rounded to the nearest dollar. The table below shows the minimum employer contribution required by CalPERS for the last six years, and the 2023 rate:

Calendar Year Employer Contribution
2017 $128.00
2018 $133.00
2019 $136.00
2020 $139.00
2021 $143.00
2022 $149.00
2023 $151.00

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The governing body must adopt a resolution agreeing to the minimum contribution amount established by CalPERS.

The City currently contributes to medical premiums in accordance with the terms of the existing agreements between each of the bargaining units, based on the health plan and family status employees elect and for which they are eligible. For both retirees and active employees, the total amount the City contributes towards medical benefit premiums exceeds the statutory minimum contribution required by CalPERS.

FISCAL IMPACT

This action is for administrative purposes only. There is no fiscal impact associated with this report because the City’s current contribution toward employee medical premiums as provided for in applicable Memoranda of Understanding has already been established, and this action does not increase the current total City contribution towards medical premiums.

STRATEGIC INITIATIVES

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

NEXT STEPS

The change in the PEMHCA minimum will be reflected in the City’s Benefits Summary effective January 1, 2023.

Prepared by: Cheryl Vance, Human Resources Analyst II

Recommended by: Regina Youngblood, Assistant City Manager

Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-_____

Introduced by Council Member ______________

RESOLUTION AGREEING TO MEET THE MINIMUM EMPLOYER

CONTRIBUTION TOWARD MEDICAL COST AS SET BY CALIFORNIA PUBLIC

EMPLOYEES RETIREMENT SYSTEM IN THE AMOUNT OF ONE HUNDRED FIFTY-ONE DOLLARS ($151) PER MONTH FOR CALENDAR YEAR 2023

WHEREAS, the City of Hayward provides medical coverage for its employees and their eligible dependents and to qualified retirees; and

WHEREAS, Government Code 22892 of the Public Employees ’ Medical and Hospital Care Act (PEHMCA) states that a local agency must provide a minimum health premium contribution for their participating active members; and

WHEREAS, the California Public Employees Retirement System Board adjusts the minimum contribution rate annually based on changes to the Consumer Price Index.

NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 20 23, the employer’s contribution towards the cost of employee and retiree health benefits shall be a minimum of $151 per month as required by CalPERS.

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 22-680
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept $8,558,902 in State Library Grant Funds for Construction of the Stack Center and to Execute Associated Grant Agreements

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept $8,558,902 in State Library grant funds for construction of the Stack Center and to execute the grant agreement and associated documents from the State of California.
..End

SUMMARY
The City has received four grants for the construction of the Stack Center. Council accepted the first grant for $1,000,000 from the State’s General Fund in January 2022; the second grant for $2,647,000 from the CalTran’s Clean California funding in May 2022; the third grant for $1,500,000 from the U.S. Department of Housing and Urban Development Community Project funding in October 2022; and recently, the City was awarded $8,558,000 from the State Library’s Building Forward Grant. Staff recommends that the Council authorize the City Manager to accept and appropriate these grant funds for the Stack Center.

ATTACHMENTS
Attachment I Staff Report
Attachment I Resolution
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept $8,558,902 in State Library Grant Funds for Construction of the Stack Center and to Execute Associated Grant Agreements

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept $8,558,902 in State Library grant funds for construction of the Stack Center and to execute the grant agreement and associated documents from the State of California.

SUMMARY

The City has received four grants for the construction of the Stack Center. Council accepted the first grant for $1,000,000 from the State’s General Fund in January 2022; the second grant for $2,647,000 from the CalTran’s Clean California funding in May 2022; the third grant for $1,500,000 from the U.S. Department of Housing and Urban Development Community Project funding in October 2022; and recently, the City was awarded $8,558,000 from the State Library’s Building Forward Grant. Staff recommends that the Council authorize the City Manager to accept and appropriate these grant funds for the Stack Center.

BACKGROUND AND DISCUSSION

Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, often referred to as the Stack Center. For the past seven years, the city and its partners have worked to make this dream a reality.

To date, Council has accepted three grants totaling $5,147,000. The State Library’s Building Forward Grant provides an additional $8,558,000 towards the Stack Center construction. To accept these grant funds, staff is requesting Council adopt a resolution to accept these grant funds, appropriate them towards the project, and authorize the City Manager to execute any agreements related to this grant.

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FISCAL IMPACT

This item will have no impact to the General Fund. The project has sufficient funds in the Adopted FY23 CIP Budget to contribute the City’s 50% local match requirement in accepting these funds. Currently, the City has enough funds to complete the first phase of construction, which is roughly $8.4 million. There is still a funding gap of approximately $14 million for the second phase of construction, which is roughly $36 million.

STRATEGIC ROADMAP

This agenda item is part of the City’s Strategic Roadmap Priority “Invest in Infrastructure:”  N13: Oversee the rebuilding of the South Hayward Youth and Family Center (the Stack).

SUSTAINABILITY FEATURES

The construction this item supports will incorporate all City green building ordinances, including the zero-net-energy requirement for new construction.

NEXT STEPS

If approved, the City Manager will be authorized to execute the grant agreement, accept grant funds, and appropriate them to the Stack Center.

Prepared by: Manny Grewal, Management Analyst

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member __________

RESOLUTION OF THE CITY OF HAYWARD AUTHORIZING THE GRANT

ACCEPTANCE AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129) AND APPROPRIATING THEM TO

THE SOUTH HAYWARD YOUTH AND FAMILY CENTER PROJECT

WHEREAS, the legislature and Governor of the State of California have provided funds for the program shown above; and

WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and

WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to the execution of the grant agreement; and

WHEREAS, the Applicant/Grantee, if selected, will enter into a n agreement with the State of California to carry out the project; and

WHEREAS, the City of Hayward proposes to implement the South Hayward Youth and Family Center (STACK) Project; and

WEHREAS, the City of Hayward has the legal authority and is authorized to enter into a funding agreement with the State of California; and

WHEREAS, the City of Hayward applied for grant funding from the California State Library for the STACK Project; and

WHEREAS, the City of Hayward was notified of the award in October 2022.

NOW, THEREFORE, BE IT RESOLVED that the City of Hayward’s City Council hereby finds and determines as follows:

1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Hayward’s City Manager, or designee, is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

ATTACHMENT II

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2. The City of Hayward’s City Manager, or designee, is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

3. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to the commencement of the project, all applicable permits will have been obtained.

4. The City of Hayward’s City Manager, or designee, is hereby authorized to accept and appropriate these grant funds for the specified project.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-681
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Lease Agreement with the Alameda County Deputy Sheriffs’ Activities League to Expand the Commercial Kitchen at the Matt Jimenez Community Center and Operate the Commercial Kitchen Incubator Program

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a lease agreement with the Alameda County Deputy Sheriffs’ Activities League (DSAL) to expand the commercial kitchen at the Matt Jimenez Community Center and operate the Commercial Kitchen Incubator Program once the renovation is complete.

SUMMARY
The commercial kitchen at the Matt Jimenez Community Center (MJCC) on Ruus Road has been underutilized for many years. In August 2022, Alameda County Supervisor Brown’s Office and DSAL approached the City with a proposal to provide funding to expand and remodel the MJCC kitchen and then lease the space as part of Dig Deep Farm’s Kitchen Incubator Program. Staff is seeking authorization from Council to negotiate and execute a lease agreement with DSAL that would include the kitchen expansion and a five-year operational lease with the option for an additional five-years upon agreement by all parties. The renovation will occur concurrently with the Phase I construction of the Stack Center and the commercial kitchen program will be integrated into the Stack Center campus.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Lease Agreement with the Alameda County Deputy Sheriffs’ Activities League to Expand the Commercial Kitchen at the Matt Jimenez Community Center and Operate the Commercial Kitchen Incubator Program

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a lease agreement with the Alameda County Deputy Sheriffs’ Activities League (DSAL) to expand the commercial kitchen at the Matt Jimenez Community Center and operate the Commercial Kitchen Incubator Program once the renovation is complete.

SUMMARY

The commercial kitchen at the Matt Jimenez Community Center (MJCC) on Ruus Road has been underutilized for many years. In August 2022, Alameda County Supervisor Brown’s Office and DSAL approached the City with a proposal to provide funding to expand and remodel the MJCC kitchen and then lease the space as part of Dig Deep Farm’s Kitchen Incubator Program. Staff is seeking authorization from Council to negotiate and execute a lease agreement with DSAL that would include the kitchen expansion and a five-year operational lease with the option for an additional five-years upon agreement by all parties.

The renovation will occur concurrently with the Phase I construction of the Stack Center and the commercial kitchen program will be integrated into the Stack Center campus.

BACKGROUND

Stack Center Phase I Construction

Community members and elected officials have long held the dream of building a new South Hayward Youth and Family Center at the corner of Tennyson and Ruus Roads, referred to as the Stack Center. For the past seven years, the City and its partners have worked to make this dream a reality. The City will be going to bid for Phase I construction in early 2023. Phase I of the Stack Center is expected to break ground in early spring of 2023 and be completed no later than June 2024.

Phase I includes:
 The renovation of the classroom and office spaces inside the MJCC to house a

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childcare center, which will be operated by Kidango
 The reconfiguration of the parking lots, with EV charging stations  The construction of tot play areas on the north and south sides of the MJCC  The creation of a community event plaza on the east side of the MJCC  Reconfiguring the entrance to the gymnasium to be facing Tennyson Park

In 2019 and 2020, the City Council authorized the City Manager to execute contracts with RossDrulisCusenbery, Inc. (RDC) for master planning, design, and construction documents for the Stack Youth and Family Center. The documents are nearing completion. At the same time, staff has been working to identify funding for construction. The City has received four grants and now has sufficient funding for a Phase I construction.

Partnership with ALL IN Eats
On October 19, 2021, Council adopted a resolution to join Alameda County’s ALL IN Eats partnership. Since joining, staff from the City Manager’s Office has been attending the monthly steering committee and working group meetings.

One of the primary initiatives of ALL IN Eats has been to map out and identify opportunities to create a circular food economy in Alameda County. The circular economy concept1 is to grow, process, recover, and distribute food locally in a virtuous cycle that keeps local money in the local economy and promotes environmental sustainability. At the January 2022 Strategic Roadmap Planning session, Council ranked the project to “explore funding opportunities to increase the circular food economy in Hayward” as one of its highest priority items.

DISCUSSION

The County’s ALL IN and ALL IN Eats initiatives were originally spearheaded by Alameda County Supervisor Wilma Chan. When Supervisor Chan died suddenly in November 2021, her Chief of Staff, Dave Brown, was appointed to serve her remaining term. In the past year, Supervisor Brown’s Office has created transition plans to keep the ALL IN initiatives active once his term ends this month. ALL IN, which is a broad anti-poverty initiative, was transferred to the Alameda County Social Services Agency in June 2022. At the same time, the operation for ALL IN Eats transitioned to DSAL.

All in Eats Operations: A Business Plan for Countywide Food Hubs In 2020, DSAL’s Dig Deep Farms launched the County’s first Food Hub on 2700 Fairmont Drive in unincorporated Alameda County as part of the ALL IN Eats Initiative. The purpose of the Food Hub is: 1) to receive food from farms and recovered food from producers; 2) to process and package that food for distribution through the Food is Medicine and other programs; and 3) to operate a Commercial Kitchen Incubator Program to support local food entrepreneurs.

Due to high demand, the Food Hub quickly outgrew its capacity. As a result, DSAL and Supervisor Chan’s Office created a business plan that identified possible locations for satellite food hubs throughout Alameda County. The commercial kitchen at Hayward’s

1 ALL IN Eats Circular Economy for Food - Pathway for Growth: https://allineats.com/wp- content/uploads/2021/05/ALL-IN-Eats-Circular-Economy-for-Food-Pathway-for-Growth-LR.pdf

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MJCC was identified as a possible location to expand the Kitchen Incubator Program.

Dig Deep Farm’s (DSAL’s) Commercial Kitchen Incubator Program The mission of Dig Deep Farm’s Commercial Kitchen Incubator Program is to successfully develop, launch, and support the operation of small food businesses. The program opened with the Food Hub in 2020. Through the program, commercial kitchen space is available to rent at below market rates to small, local businesses. The space can be rented on a monthly or single-use basis for food production or events. There are currently eight stations and four prep tables in San Leandro. The program is at capacity with a waiting list.

In addition to space, the program offers one-on-one assistance to help businesses obtain permits, develop marketing, plan events, and grow their businesses. It also offers monthly Food Hub entrepreneur meetings for peer-to peer support.

Proposal for Food Hub at MJCC
In August 2022, Supervisor Brown’s Office and DSAL approached the City with a proposal to provide funding to expand and remodel the MJCC kitchen and then lease the kitchen to operate it as part of Dig Deep Farm’s Incubator Program. The kitchen, shown below in lime green, would be a satellite site with space for two to three businesses at a time, and the businesses located here would have the same one-on-one assistance and peer-to-peer support group as at the main Food Hub.

Lease Terms
Staff is seeking authorization from Council to negotiate and execute a lease agreement with DSAL to build the kitchen expansion and operate the incubator program. La Familia and Eden Youth and Family Center, the future operators of the Stack Center, are supportive of these terms. The Hayward Area Recreation and Park District (HARD), which operates the adjoining gymnasium, is also supportive.

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The following are proposed lease terms:
• DSAL will provide $150,000 in capital funding for the kitchen expansion. The City’s will match these funds with funding that is already part of the Phase I Stack Center Budget.
• DSAL and the City will work together to coordinate the expansion and kitchen upgrades during Phase I of the Stack Center Construction, which will be completed no later than June of 2024.
• Upon completion of the renovation, DSAL will have a five-year operational lease, with the option to extend for an additional five years upon agreement of all parties.
• Hayward-based businesses would be prioritized for the Incubator program at the Stack Center.
• DSAL will block out 10 hours monthly for community programming, such as cooking or nutrition classes.
• DSAL will contribute $30,000 in annual rental payments to the Stack Center. • The entrance to the kitchen will be on Panjon with a timed access code for users.

The kitchen users will not have access to the childcare center or gymnasium. • DSAL will be responsible for all program costs and maintenance of the space.

There would be no ongoing fiscal impact to the City.
• The lease will be transferable, so it can be transferred to La Familia/Eden Youth and Family Center once the Stack Center opens.

ECONOMIC IMPACT

This project will have a positive impact on small food businesses in Hayward. Currently, there is limited commercial kitchen space to rent in Hayward, and the space that is available is cost- prohibitive for many small businesses. The Kitchen Incubator program will allow these businesses to conveniently access a commercial kitchen and one-on-one assistance to grow their operations.

FISCAL IMPACT

This lease agreement will have no fiscal impact to the City’s operating budget. DSAL will contribute $150,000 towards the kitchen expansion and remodel. The City will contribute $150,000 of funding through existing grant and outside sources that are part of the Stack Center Phase I budget. DSAL will be responsible for all ongoing program and maintenance costs.

STRATEGIC ROADMAP

This agenda item is part of the City’s Strategic Roadmap Priority “Invest in Infrastructure:”  N13: Oversee the rebuilding of the South Hayward Youth and Family Center (the Stack)

It is also part of “Confront Climate Crisis & Champion Environmental Justice:”  C13: Explore funding opportunities to increase the circular food economy in Hayward as part of the Alameda County All in Eats Initiative

In addition, it is related to the following “Grow the Economy” projects:

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 E6: Sidewalk Vendor Ordinance
 E8: Strengthen workforce development pipelines
 E13: Explore an outdoor marketplace that allows for a variety of vendors

NEXT STEPS

Upon approval by Council, staff will finalize and execute the lease agreement with DSAL and work with project architects to begin plans for the kitchen expansion and remodel.

Prepared by: Mary Thomas, Assistant to the City Manager

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 1 ends

HAYWARD CITY COUNCIL

RESOLUTION NO. 22-______

Introduced by Council Member ________________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIAT E AND

EXECUTE A LEASE AGRE EMENT WITH THE ALAME DA COUNTY DEPUTY SHERIFFS’ ACTIVITY L EAGUE TO EXPAND THE COMMERCIAL KITCHEN A T

THE MATT JIMENEZ COM MUNITY CENTER AND OP ERATE A COMMERCIAL

KITCHEN INCUBATOR PROGRAM

WHEREAS, The City Council and Hayward community members have long desired a business incubation program in South Hayward for small food businesses; and

WHEREAS, The Alameda County Deputy Sheriffs’ Activity League (DSAL) operates a successful Commercial Ki tchen Incubator Program and seeks to expand that program to Hayward at the Matt Jimenez Community Center (MJCC); and

WHEREAS, DSAL is able to provide $150,000 towards renovating the kitchen and $30,000 annually towards rent.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to negotiate and execute a lease agreement with DSAL to expand the commercial kitchen at the MJCC and operate a Commercial Kitchen Incubator Program in accordance with the lease terms outlined in the corresponding staff report.

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 22-682
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt Resolutions Authorizing the City Manager to: (1) Accept and Appropriate Funds Awarded by the California State Legislature under Assembly Bill 179 in an Amount up to $5.4 Million for the City’s Scattered Site Housing Program, and Negotiate and Execute Documents and Any Subsequent Amendments, Modifications, or Documents Thereto with the California State Department of Housing and Community Development; and (2) Negotiate and Execute Loan Documents between the City of Hayward and Bay Area Community Services in an Amount Not-to-Exceed $5.4 Million to Acquire and Rehabilitate a Minimum of Three Single-Family Homes for the City’s Scattered Site Housing Program, for which the California Environmental Quality Act Does Not Apply

RECOMMENDATION
That the Council adopts two resolutions authorizing the City Manager to:

1. Accept and appropriate funds awarded by the California State Legislature under Assembly Bill (AB) 179 in an amount up to $5.4 million for the City’s Scattered Site Housing program, and negotiate and execute documents and any subsequent amendments, modifications, or other documents thereto with the California State Department of Housing and Community Development (HCD) regarding acceptance of the funds (Attachment II); and

2. Negotiate and execute loan documents between the City of Hayward and Bay Area Community Services (BACS) in an amount not-to-exceed $5.4 million for the City’s Scattered Site Housing program (Attachment III).

SUMMARY
On January 25, 2022, Council adopted Resolution 22-030 authorizing a joint application with BACS for the State Homekey Program to fund the City’s Scattered Site Housing program. The program converts single family homes to supportive shared housing, bringing housing for those experiencing chronic homelessness into existing residential communities with proximity to services, transport, and social connections. Acquisition of at least three homes will provide long term, affordable housing with access to supportive services for approximately 20 adults experiencing chronic homelessness. The City’sHomekey CITY OF HAYWARD Printed on 12/2/2022Page 1 of 2
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File #:CONS 22-682
supportive services for approximately 20 adults experiencing chronic homelessness. The City’sHomekey Round 2 application was denied for not meeting the threshold requirement of having site control and property appraisals at the time of application and staff have since worked with HCD to identify ways to make future applications more competitive.

On June 30, 2022, the Governor approved AB 179, the Budget Act of 2022, which included an award to the City of Hayward in the amount of $5.4 million for the City’s new Scattered Site Housing program, despite the Homekey denial. Since the award was made to the City to fund the Scattered Site Housing program, the Council must authorize acceptance of the funds and allocation of the funds to the project.

The California Environmental Quality Act (CEQA) does not apply to the Scattered Site Housing Program, as the program is a ministerial project.

Additionally, staff recommends that Council authorize the City Manager to negotiate a loan agreement with BACS to use the recently awarded State funds for the City’sScattered Site program to make down payments on a minimum of three single-family properties. Staff proposes making a loan to BACS for the program, instead of a grant, to allow for the possibility that the City may be successful at obtaining future Homekey funds for the program and therefore, be able to establish a revolving loan fund to acquire additional homes for the program.

In sum, staff recommends that Council adopt resolutions authorizing the City Manager to: (1) accept and appropriate the funds, and negotiate and execute any executing documents with HCD for up to $5.4 million in funds awarded through AB 179 for the City’sScattered Site program; and (2) execute a loan agreement of up to $5.4 million to BACS to acquire and rehabilitate a minimum of three single-family homes for the program consistent with AB 179.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution to Accept and Appropriate Funds Attachment III Resolution to Negotiate and Execute Loan CITY OF HAYWARD Printed on 12/2/2022Page 2 of 2
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt Resolutions Authorizing the City Manager to: (1) Accept and Appropriate Funds Awarded by the California State Legislature under Assembly Bill 179 in an Amount up to $5.4 Million for the City’s Scattered Site Housing Program , and Negotiate and Execute Documents and Any Subsequent Amendments, Modifications, or Documents Thereto with the California State Department of Housing and Community Development; and ( 2) Negotiate and Execute Loan Documents between the City of Hayward and Bay Area Community Services in an Amount Not-to-Exceed $5.4 Million to Acquire and Rehabilitate a Minimum of Three Single-Family Homes for the City’s Scattered Site Housing Program , for which the California Environmental Quality Act Does Not Apply

RECOMMENDATION

That the Council adopts two resolutions authorizing the City Manager to:

1. Accept and appropriate funds awarded by the California State Legislature under Assembly Bill (AB) 17 9 in an amount up to $5.4 million for the City’s Scattered Site Housing program , and negotiate and execute documents and any subsequent amendments, modifications, or other documents thereto with the California State Department of Housing and Community Development (HCD) regarding acceptance of the funds (Attachment II); and

2. Negotiate and execute loan documents between the City of Hayward and Bay Area Community Services (BACS) in an amount not -to-exceed $5.4 million for the City’s Scattered Site Housing program (Attachment III).

SUMMARY

On January 25, 2022, Council adopted Resolution 22-030 authorizing a joint application with BACS for the State Homekey Program to fund the City’s Scattered Site Housing program. The program converts single family homes to supportive shared housing, bringing housing for those experiencing chronic homelessness into existing residential communities with proximity to services, transport, and social connections. Acquisition of at least three homes will provide long

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term, affordable housing with access to supportive services for approximately 20 adults experiencing chronic homelessness. The City’s Homekey Round 2 application was denied for not meeting the threshold requirement of having site control and property appraisals at the time of application and staff have since worked with HCD to identify ways to make future applications more competitive.

Additionally, staff recommends that Council authorize the City Manager to negotiate a loan agreement with BACS to use the recently awarded State funds for the City’s Scattered Site program to make down payments on a minimum of three single -family properties. Staff proposes making a loan to BACS for the program, instead of a grant, to allow for the possibility that the City may be successful at obtaining future Homekey funds for the program and therefore, be able to establish a revolving loan fund to acquire additiona l homes for the program.

In sum, staff recommends that Council adopt resolutions authorizing the City Manager to: (1) accept and appropriate the funds, and negotiate and execute any executing documents with HCD for up to $5.4 million in funds awarded thr ough AB 179 for the City’s Scattered Site program; and (2) execute a loan agreement of up to $5.4 million to BACS to acquire and rehabilitate a minimum of three single-family homes for the program consistent with AB 179.

BACKGROUND

On January 25, 2022, Council adopted Resolution 22-030 authorizing a joint application with BACS for the State Homekey Program to fund the City’s Scattered Site Housing program. The Scattered Site Program is a shared housing model that creates deeply affordable housing by preserving single family homes in Hayward neighborhoods. Residents get their own locking bedroom door and share co-living spaces like the kitchen, living room, and yard. Homes are purchased in proximity to essential services like grocery stores and pharmacies and residents have access to a full suite of supportive services from BACS and other non -profit partner agencies. The model is cost-effective, as the homes are owned and maintained by BACS and do not require extensive construction or l ong-term operating costs. Each home provides permanent affordable housing to four to six individuals. Acquisition of at least three homes will provide long term, affordable housing with access to supportive services for approximately 20 adults experiencing chronic homelessness.

The City’s Homekey Round 2 application was denied for not meeting the threshold requirement of having site control and property appraisals at the time of application. Since then, staff have been working with HCD to make recommendations for revising guidelines for Homekey Round 3 that reduce the risk applicants must take for scattered site applications by making substantial

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capital commitments without guarantee of reimbursement. HCD will not release the Round 3 Notice of Funding Availability (N OFA) until Spring 2023, so it is currently unclear if the requirements that currently limit scattered site applications will still be in effect for Round 3.

Presuming the requirements will still apply, staff has been working with HCD and BACS to identify ways to make the application more competitive, which includes acquiring properties in advance of applying to Homekey.

On June 30, 2022, the Governor approved AB 179, the Budget Act of 2022, which included an award to the City o f Hayward in the amount of $5.4 million for the Scattered Site Housing program, despite the Homekey denial. The City will work with HCD to execute any executing documents to receive the funds and allocate them to the program.

DISCUSSION

Staff recommends utilizing the $5.4 million approved under AB 179 to fund the acquisition of the City’s first three homes under the proposed Scattered Site program, in partnership with BACS, and consistent with the previous Homekey application. The funds awarded to the City under AB 179 will be used as down payment or acquisition loans to BACS to help them acquire a minimum of three single family homes. The AB 179 funds will be loaned to BACS (as opposed to granted) because there is the potential for the City to receive funds for this program from future Homekey rounds that could be used to repay the loan to BACS. By acquiring the homes in advance of Homekey Round 3, the City will also be able to demonstrate site control on the application to ensure compliance with threshold requirements and increase the strength of a future Homekey application.

Should the City receive a future Homekey Round 3 award, the funds could be used to create a revolving loan fund and repay the City for the AB 179 down payment/acquisition funds, which then could be used to fund additional Scattered Site program home acquisitions. Should the City not receive a Homekey Round 3 award for the program, the loan could be converted to a long-term deferred loan payable when the property is sold or no longer used for the intended purposes. Additionally, any remaining funds could be provided as a grant to be used as an operating reserve to support the long-term viability of the project by covering the difference between the operating costs and tenant paid affordable rent.

Staff recommends that Council adopt the attached resolutions authorizing the City Manager to:

 Accept and appropriate $5.4 million awarded through AB 179, and execute a ny executing documents with HCD for up to $5.4 million awarded through AB 179 for the City’s Scattered Site Housing Program; and

 Negotiate and execute loan documents between the City and BACS in an amount not-to- exceed $5.4 million to acquire a minimum of three single family homes.

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ECONOMIC IMPACT

The City and local community experienced adverse economic impacts related to the COVID-19 crisis, particularly relating to housing costs, homelessness, and housing instability. National data indicate increases in risk factors that lead to homelessness, including increased food insecurity and the inability to pay rent or mortgage. There is a positive economic impact from reducing homelessness and severe h ousing cost burden, which would be achieved through leveraging the $5.4 million in AB 179 funds for the Scattered Site program.

FISCAL IMPACT

This item has no General Fund impact. The anticipated $5.4 million in AB 179 funds do not require a matching contribution. Additionally, staff anticipates that the Homekey Round 3 award could cover the full cost of acquisition and rehabilitation for the homes purchased with AB 179 funds and create the opportunity to establish a revolving loan fund. Should the City not receive a Homekey Round 3 award, AB 179 funds will be available to cover the full cost of acquisition and rehabilitation.

STRATEGIC ROADMAP

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

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

2b. Implement the Homelessness Reduction Strategic Plan

8b. Apply for state housing funding to support strategic partnerships and Council Priorities.

PUBLIC CONTACT

Pursuing Homekey funding to support innovative, dedicated homeless housing projects was identified as a priority project in the Let’s House Hayward ( LHH) plan. The LHH plan was developed through best-practices research and community engagement with a lens for racial equity and empowering individuals and families experiencing homelessness. It creates a strategic framework that better positions the City to address homelessness and seek funding for projects identified and prioritized through this process. The LHH plan was intentionally created to identify a pipeline of community -informed policies and programs for the City to embark upon, particularly those with expedited timelines.

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Staff presented on the Scattered Site program in two public meetings as part of the Homekey application process.1,2 Additionally, the Homekey application requires detailed community outreach narrative. Staff will work closely with BACS to conduct targeted community outreach once properties are identified for the scattered site program.

NEXT STEPS

If authorized, the City will execute any documents with HCD to receive then accept and appropriate the AB 179 award. Following receipt of funds, the City Manager will negotiate and execute a loan agreement for down payment/acquisition with BACS. BACS will then enter into purchase agreements for a minimum of three properties and the City will fund the loans.

Concurrently, the City and BACS will prepare an application for Homekey Round 3, which is anticipated to be due in Spring 2023. Staff will return to Council to provide a status update and request authorization to submit the Homekey Round 3 application in Spring 2023.

Prepared by: Amy Cole-Bloom, Management Analyst

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

_____________________________________
Kelly McAdoo, City Manager

1 December 16, 2021, Homelessness-Housing Task Force Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5360310&GUID=71CA4C4F-CC27-410E-AEDE- 27F03B400C19&Options=&Search=
2 January 25, 2022, City Council Staff Report and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5390892&GUID=B276DA40-2A6A-46C1-A313- 28235E575135&Options=&Search=

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO.

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND

APPROPRIATE FUNDS AWARDED BY THE CALIFORNIA STATE
LEGISLATURE UNDER ASSEMBLY BILL 179 IN THE AMOUNT UP TO $5.4 MILLION FOR THE CITY’S SCATTERED SITE HOUSING PROGRAM , AND

NEGOTIATE AND EXECUTE ANY DOCUMENTS AND ANY SUBSEQUENT

AMENDMENTS, MODIFICATIONS, OR OTHER DOCUMENTS THERETO WITH

THE CALIFORNIA STATE D EPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT REGARDING ACCEPTANCE OF THE FUNDS

WHEREAS, the City of Hayward, a municipal corporation, (the “City”) is authorized to do business in the State of California; and

WHEREAS, on September 6, 2022, the Governor of California approved Assembly Bill 179 (“AB 179”) under the State Budget Act of 2022; and

WHEREAS, Section 19.56 of AB 179 lists all member priority projects, award amounts, and state agencies responsible for administering the funds; and

WHEREAS, Section 19.56 of AB 179 includes an appropriation of $5.4 million to t he City for its Scattered Site Housing Program (the “Program”).

NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to negotiate and execute any executing documents for funds awarded to the City under AB 179 and any subsequent amendments, modifications, or documents thereto with the Department, on behalf of the City in a form approved by the City Attorney.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to accept and appropriate up to $5. 4 million pursuant to AB 17 9 to the City’s Scattered Site Housing Program; and

ATTACHMENT II

Page 2 of 2 ends

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.

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

ATTACHMENT III

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE LOAN DOCUMENTS BETWEEN THE CITY OF HAYWARD AND BAY AREA COMMUNITY SERVICES IN AN AMOUNT NOT TO EXCEED $5.4 MILLION FOR THE CITY’S SCATTERED SITE HOUSING PROGRAM

WHEREAS, the City of Hayward, a municipal corporation, (the “City”) is authorized to do business in the State of California; and

WHEREAS, on September 6, 2022, the Governor of California approved Assembly Bill 179 (“AB 179”) under the State Budget Act of 2022; and

WHEREAS, Section 19.56 of AB 179 lists all member priority projects, award amounts, and state agencies responsible for administering the funds; and

WHEREAS, Section 19.56 of AB 179 includes an appropriation of $5.4 million to t he City for its Scattered Site Housing Program (the “Program”); and

WHEREAS, on December 6, 2022, the City Council authorized the City Manager to 1) negotiate and execute a ny executing documents and any subsequent amendments, modifications, or documents thereto with the California State Department of Housing and Community Development and 2) accept and appropriate funds awarded by the California State legislature under AB 179 in the amount up to $5.4 million for the Program; and

WHEREAS, pursuant to the California Envir onmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA ”), th e Program is a ministerial project and is therefore exempt from review pursuant to Public Resource Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects; and

WHEREAS, the City wishes to allocate up to $5.4 million of the awarded funds and enter into a loan agreement with Bay Area Community Services (BACS) to implement the Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines that the Recitals above are true and correct and by this reference makes them a part hereof; and

ATTACHMENT III

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BE IT FURTHER RESOLVED, that the City Council hereby approves allocation in the amount of up to $5.4 million to the Program and authorizes the City Manager to negotiate and enter into a loan agreement with BACS to support the implementation of the Program; and

BE IT FURTHER RESOLVED that the City hereby authorizes the City Manager to conduct, negotiate, execute documents, and administer the loan, extend or modify the repayment terms, and take any other action with respect to the loan and the Program consistent with this Resolution and its basic purpose; and

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.

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 22-684
DATE: December 6, 2022
TO: Mayor and City Council
FROM: City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to (1) Negotiate and Execute an Agreement with Eden Health District (EHD) for the Award of $250,000 to the City for the Acquisition of the St. Regis Retirement Center; (2) Accept and Appropriate the Funds Awarded by EHD; and (3) Negotiate and Execute an Agreement for Transfer of the $250,000 in Funds from the City to Bay Area Community Services for Down Payment Assistance to Acquire the St. Regis Retirement Center

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to: (1) negotiate and execute an agreement with EHD for the award of $250,000 to the City for assistance to acquire the St.

Regis Retirement Center; (2) accept and appropriate the funds awarded by EHD; and (3) negotiate and execute an agreement for transfer of the $250,000 in funds from the City to Bay Area Community Services (BACS) for down payment assistance to acquire St. Regis Retirement Center.

SUMMARY
In January 2022, the California Department of Health Care Services (DHCS) and the California Department of Social Services (CDSS) announced a joint Request for Applications (RFA) to expand the State’s behavioral health infrastructure and address historic gaps in the long-term care continuum serving seniors, people with disabilities, and people with behavioral health needs.

Through the joint RFA, BACS applied for Behavioral Health Continuum Infrastructure Program (BHCIP) and Community Care Expansion Program (CCE) funding to acquire the St. Regis Retirement Center and develop a holistic campus of behavioral health treatment, crisis services, and supportive housing. While BACS was awarded a $19.41 million grant through CCE, they were not awarded BHCIP funding for this program. However, BACS intends to apply for BHCIP Round 5 funding.

As BACS did not receive BHCIP funding for this project, there was a gap of $8.45 million needed to cover the full acquisition and rehabilitation costs for the St. Regis property. In August 2022, the Council authorized $627,544 in Community Development Block Grant (CDBG) funds to BACS to support closing costs, and additionally approved a $2 million loan to support BACS while they wait for the State to CITY OF HAYWARD Printed on 12/2/2022Page 1 of 2
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File #:CONS 22-684
allocate the awarded CCE funds. BACS will repay this loan by March 1st, 2023. Additionally, the County of Alameda committed $7.5 million to support the project’s closing gap.

In addition to City and County support of the St. Regis project, staff worked with EHD to allocate a $250,000 grant towards BACS’ closing gap. Staff and BACS presented to the EHD Board of Directors on November 16th, 2022 and the EHD Board approved awarding the City a $250,000 grant for the St. Regis project to be passed through to BACS via the City.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 12/2/2022Page 2 of 2
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to (1) Negotiate and Execute an Agreement with Eden Health District (EHD) for the Award of $250,000 to the City for the Acquisition of the St. Regis Retirement Center; (2) Accept and Appropriate the Funds Awarded by EHD; and (3) Negotiate and Execute an Agreement for Transfer of the $250,000 in Funds from the City to Bay Area Community Services for Down Payment Assistance to Acquire the St. Regis Retirement Center

RECOMMENDATION

That the Council adopt s a resolution (Attachment II) authorizing the City Manager to: (1) negotiate and execute an agreement with EHD for the award of $250,000 to the City for assistance to acquire the St. Regis Retirement Center; (2) accept and appropriate the funds awarded by EHD; and (3) negotiate and execute an agreement for transfer of the $250,000 in funds from the City to Bay Area Community Services (BACS) for down payment assistance to acquire St. Regis Retirement Center

SUMMARY

In January 2022, the California Department of Health Care Services (DHCS) and the California Department of Social Services (CDSS) announced a joint Request for Applications (RFA) to expand the State’s behavioral health infrastructure and address historic gaps in the long-term care continuum serving seniors, people with disabilities, and people with behavioral health needs.

Through the joint RFA, BACS applied for Behavioral Health Continuum Infrastructure Program (BHCIP) and Community Care Expansion Program (CCE) funding to acquire the St.

Regis Retirement Center and develop a holistic campus of behavioral health treatment, crisis services, and supportive housing. While BACS was awarded a $19.41 million grant through CCE, they were not awarded BHCIP funding for this program. However, BACS intends to apply for BHCIP Round 5 funding.

As BACS did not receive BHCIP funding for this project, there was a gap of $8.45 million needed to cover the full acquisition and rehabilitation costs for the St. Regis property. In

Page 2 of 4 ends

August 2022, the Council authorized $627,544 in Community Development Block Grant (CDBG) funds to BACS to support closing costs, and additionally approved a $2 million loan to support BACS while they wait for the State to allocate the awarded CCE funds. BACS will repay this loan by March 1st, 2023. Additionally, the County of Alameda committed $7.5 million to support the project’s closing gap.

BACKGROUND AND DISCUSSION

In January 2022, DHCS and CDSS announced a join t RFA to expand the State’s behavioral health infrastructure and address historic gaps in the long-term care continuum serving seniors, people with disabilities, and people with behavioral health needs. Under this joint RFA, the State made available just over $1 billion through th e BHCIP and CCE. Additional information on these funding opportunities can be found in the August 9th, 2022 Council report.1

BACS applied for both BHCIP and CCE funding to acquire the St. Regis Retirement Center and develop a h olistic campus of behavioral health treatment , crisis services , and supportive housing. While BACS was awarded a $19.41 million grant through CCE, they were not awarded BHCIP funding for this program. As a result, BACS will apply for BHCIP Round 5 funding.

This St. Regis project supports and aligns with existing programs and infrastructu re in Hayward as well as recommendations in the Let’s House Hayward! Homelessness reduction strategic plan . The project will i ncrease the Countywide inventory of behavioral health services, including potential drop-off crisis services for the Hayward Police Department and Hayward Fire Department. Additionally, the St. Regis project will i ncrease the inventory of Permanent Supportive Housing (PSH) beds in Alameda County for medically fragile and aging individuals.

As BACS did not receive BHCIP funding for this project , there was a gap of $ 8.45 million needed to acquire the St. Regis property. In August 2022, the Council authorized a CDBG award of $630,000 to BACS to support rehabilitation costs and also approved a $2 million loan to support BACS while they wait for the State to allocate the awarded CCE funds.2 BACS

1 Meeting materials of the August 9th, 2022 Hayward City Council meeting https://hayward.legistar.com/LegislationDetail.aspx?ID=5749367&GUID=8C5E6C88-47DD-4226-8472- DFEA8CC27167&Options=&Search=
2 Meeting materials of the August 9th, 2022 Hayward City Council meeting https://hayward.legistar.com/LegislationDetail.aspx?ID=5749367&GUID=8C5E6C88-47DD-4226-8472- DFEA8CC27167&Options=&Search=

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will repay the City’s loan by March 1 st, 2023. The County of Alameda also committed $7.5 million to support the project’s closing gap.

In addition to City and County support of the St. Regis p roject, staff worked with EHD to allocate a $250,000 grant towards the closing gap. Staff and BACS presented to the EHD Board of Directors on November 16th, 2022, and the Board approved awarding the St. Regis project a $250,000 grant for the St. Regis project to be passed through to BACS via the City.

Table 1 below summarizes the current funding sources used for acquisition and rehabilitation of the St. Regis property, excluding potential BHCIP funds that BACS will apply for in the next round of funding.

Table 1. St. Regis Acquisition and Rehabilitation Funding Sources Funding Source Funding Agency Funding Amount
CCE Award3 State CDSS $19,410,000
CDBG Award City of Hayward $627,544
EHD Award Eden Health District $250,000
County Award County of Alameda $7,500,000
Total Funding $27,787,544

Staff recommends that the Council adopt a resolution authorizing the City Manager to:

1. Negotiate and execute an agreement with EHD for the award of $250,000 for the St.

Regis project;

2. Accept and appropriate funds awarded by EHD in an amount up to $250,000; and

3. Negotiate and execute an agreeme nt for transfer of the $250,000 in funds from the City to BACS for down payment assistance to acquire St. Regis Retirement Center.

Additionally, BACS intends to reapply for the next round of BHCIP funding to develop a Mental Health Rehabilitation Center, Adult Residential Transitional Housing, and potentially a crisis stabilization unit in a separate facility on the property. The CCE funding that was already awarded to BACS, along with the other funding listed in Table 1, allows BACS to demonstrate site control on its upcoming BHCIP application. Based on an analysis of projects awarded BHCIP funding in the previous round, staff and BACS anticipate that demonstrating site control of the St. Regis property will likely make BACS more competitive for the next round of BHCIP funding.

ECONOMIC IMPACT

There is a positive economic impact associated with providing services for low -income individuals with complex behavioral, medical, and social needs. Creating long-term housing options with targeted supportive services can reduce the prevalence of “high utilizers” of emergency services, ultimately reducing local crisis response costs. Furthermore, upgrading

3 Anticipating delays in receipt of CDSS funds, BACS requested a $2M loan from the City of Hayward to cover up front acquisition costs incurred before the State could allocate the awarded CCE funds; therefore, that loan is not reflected in the funding summary table. BACS will repay this loan by March 1, 2023.

Page 4 of 4 ends

and expanding the use of the current facility will create additional job opportun ities for individuals with a wide range of certifications and experience.

FISCAL IMPACT

This item has no impact on the General Fund.

STRATEGIC ROADMAP

This item supports Strategic Roadmap item H2, to implement the Let’s House Hayward! Homelessness reduction strategic plan. Within the Let’s House Hayward! Plan, this item supports:
 Strategy 2.4: Increase Diversity and Availability of Holistic Supportive Services  Strategy 3.2: Prioritize the Development of Housing Targeted to People Experiencing Homelessness

PUBLIC CONTACT

This item is related to the Let’s House Hayward (LHH) Strategic Plan, under Strategy 2.1, to Expand Housing-Focused Shelter Capacity through continued oversight and management of the Hayward Navigation Center. Through the LHH process, Homebase, City staff, and partners throughout the Hayward community worked together to engage a diverse set of stakeholders to inform the plan 's goals, strategies, and specific activities for achieving its goals.4

Prepared by: Jessica Lobedan, Community Services Manager Amy Cole-Bloom, Management Analyst II

Recommended by: Jennifer Ott, Assistant City Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

4 For more information on the Let’s House Hayward! Strategic Plan process, please visit https://www.haywardca.gov/lets-house-hayward

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22-____

Introduced by Council Member _______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO: 1) NEGOTIATE AND EXECUTE AN AGREEMENT WITH EDEN HEALTH DISTRICT; 2) ACCEPT AND APPROPRIATE FUNDS AWARDED BY EHD IN AN AMOUNT UP TO $250,000; AND 3) NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF

HAYWARD AND BAY AREA COMMUNITY SERVICES (BACS) FOR DOWN PAYMENT ASSISTANCE TO ACQUIRE ST. REGIS RETIREMENT CENTER IN AN AMOUNT NOT-TO-EXCEED $250,000

WHEREAS, in January 2022, the California Department of Health Care Services (DHCS) and the California Department of Social Services (CDSS) announced a joint Request for Applications (RFA) to expand the State’s behavioral health infrastructure and address historic gaps in the long -term care continuum serving seniors, people with disabilities, and people with behavioral health needs; and

WHEREAS, under this joint RFA, the State made available $518.5 m illion for launch ready behavioral health infrastructure projects through the Behavioral Health Continuum Infrastructure Program (BHCIP); and

WHEREAS, under this joint RFA, the State made available $570 million to preserve and expand adult and senior car e facilities through the Community Care Expansion (CCE) program; and

WHEREAS, through this joint RDA, BACS applied for both BHCIP and CCE funding to acquire the St. Regis retirement center located at 23950 Mission B oulevard and develop a holistic campus of behavioral health treatment and crisis services and supportive housing ; and

WHEREAS, BACS did not receive BHCIP funding which left a $ 8.45 million needed to cover the full acquisition and rehabilitation costs for the St. Regis property; and

WHEREAS, Hayward City Council awarded $627,544 in Community Development Block Grant (CDBG) funds to grant to this project for rehabilitation expenses; and

WHEREAS, the County of Alameda has committed $7.5 million to contribute to this closing gap; and

ATTACHMENT II

Page 2 of 2 ends

WHEREAS, Eden Health District (EHD) has identified $250,000 to grant towards this closing gap; and

WHEREAS, on November 16th, 2022, EHD Board of Directors approved awarding the St. Regis project a $250,000 through the City of Hayward.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward authorizes the City Manager to negotiate and execute an agreement with EHD; and accept and appropriate funds awarded by EHD in an amount up to $250,000; and

BE IT FURTHER RESOLVED that the City Counci l of the City of Hayward authorizes the City Manager to negotiate and execute an agreement with BACS for down payment assistance to acquire the St. Regis Retirement Center for an amount not-to-exceed $250,000.

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

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 22-686
DATE: December 6, 2022
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Adopt a Resolution Accepting the Fiscal Year 2023 Statement of Investment Policy and Delegation of Authority

RECOMMENDATION
That the Council adopts a resolution (Attachment II) reaffirming the updated Fiscal Year 2023 Statement of Investment Policy and Delegation of Authority.

SUMMARY
There are changes to California Government Code Section 53601 (Code) that will go in effect on January 1, 2023. To address these changes, staff recommends the City add the new Code language to Policy Section X: Investment Instruments, as shown in the attached marked-up Policy (Attachment IV).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Statement of Investment Policy Review Memorandum Attachment IV FY 2023 Statement of Investment Policy
CITY OF HAYWARD Printed on 12/2/2022Page 1 of 1
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DATE: December 6, 2022

TO: Mayor and City Council

FROM: Director of Finance

SUBJECT: Adopt a Resolution Accepting the Fiscal Year 2023 Statement of Investment Policy and Delegation of Authority

RECOMMENDATION

That the Council adopts a resolution (Attachment II) reaffirming the updated Fiscal Year 2023 Statement of Investment Policy and Delegation of Authority.

SUMMARY

There are changes to California Government Code Section 53601 (Code) that will go in effect on January 1, 2023. To address these changes, staff recommends the City add the new Code language to Policy Section X: Investment Instruments, as shown in the attached marked-up Policy (Attachment IV).

BACKGROUND

The City’s Statement of Investment Policy (Policy) requires that staff submit to the Council for approval any recommended changes to the Policy. In addition, the State statutes that govern investment activity require the Council to annually affirm the Policy and to annually confirm the delegation of investment authority, which in the City of Hayward, is to the Director of Finance. This year’s Policy has recommended changes under Policy Section X:

Investment Instruments, to address recent California Government Code (“Code”) changes that will go into effect on January 1, 2023, following the passage of Senate Bill 1489 (“SB 1489”) in September 2022. A detailed summary of the proposed changes is available in Attachment III. Staff worked in conjunction with the City’s portfolio manager, PFM Asset Management, to review the policy.

DISCUSSION

As part of the overview of the FY 2022 year-end investment portfolio, staff reviewed and evaluated the need for any changes to the Policy. PFM, the City’s portfolio manager, has also reviewed the Policy and prepared a memorandum (Attachment III) recommending the City add the new Code language. to Policy X: Investments Instructions.

Senate Bill 1489, also known as the Local Government Omnibus Act of 2022, made several changes to Code, including several that impact the investment of public funds and the

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reporting practices of public agencies. Changes were made to Code Section 53601, the section of Code that governs the investment of public funds, including language stating that an investment’s term or remaining maturity shall be measured from the settlement date to final maturity, and that a security purchased in accordance with Code Section 53601 shall not have a forward settlement date exceeding 45 days from the time of investment.

Previously, the Code was silent on these items. To address these Code changes, staff recommends new Code language to Policy Section X: Investment Instruments, as indicated in the PFM Investment Policy Review Memorandum (Attachment III). In conjunction with the City’s portfolio manager, staff recommends that the Council approve the FY 2023 Policy with the recommended edits (Attachment IV).

Staff and PFM presented these changes to the Council Budget and Finance Committee on November 16, 2022 and the Committee recommended that the Council adopt the changes.

STRATEGIC ROADMAP

This 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 fiscal impact.

PUBLIC CONTACT

The recommended changes to the Policy (Attachment IV) were discussed by the Investment Advisory Committee during its quarterly meeting on November 14, 2022, and presented to Council Budget and Finance Committee on November 16, 2022.

Prepared and Recommended by: Nicole Gonzales, Deputy Director of Finance Dustin Claussen, Director of Finance

Approved by:

____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 22 -________

Introduced by Council Member ________________

RESOLUTION REAFFIRMING THE STATEMENT OF INVESTMENT POLICY AND

RENEWING THE DELEGATION OF AUTHORITY TO MAKE INVESTMENTS TO

THE DIRECTOR OF FINANCE

WHEREAS, by Resolution No. 21-235, dated December 7, 2021 , the City Council adopted a Statement of Investment Policy for the City of Hayward; and

WHEREAS, under section 53607 of the California Government Code, the authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one -year period by the legislative body to the treasurer of the local agency, w ho shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a periodic report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the FY 2023 Statement of Investment Policy is hereby reaffirmed as amended, and that the authority of the Director of Finance, or his or her designee, to make investments pursuant to the Policy is hereby renewed.

BE IT FURTHER RESOLVED that the Director of Finance and his/her successors in office is authorized to order the deposit or withdrawal of money in the accounts of the City of Hayward, the Public Financing Authority, the Successor Agency of the Redevelopment Agency of the City of Hayward, and the Housing Auth ority within the Local Agency Investment Fund of the State of California for the purpose of investment in accordance with the provisions of Section 16429.1 of the California Government Code; and further authorized to delegate responsibility for daily deposits or withdrawals of money in the above referenced accounts as required to ensure proper functioning of the fiscal operations of the City and these agencies.

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
November 8, 2022
Memorandum
To: Dustin Claussen, Director of Finance
City of Hayward
From: Monique Spyke, Managing Director
Allison Kaune, Senior Analyst
PFM Asset Management LLC
Re: Investment Policy Review
We have completed our review of the City of Hayward’s (the “City”) FY 2022 Investment Policy (the “Policy”). This year we are recommending Policy changes in response to changes to California Government Code (“Code”) that will go into effect on January 1, 2023, following the passage of Senate Bill 1489 (“SB 1489”) in September 2022. We have summarized our changes below and have attached a marked-up version of the Policy to illustrate our recommendations.

Senate Bill 1489, also known as the Local Government Omnibus Act of 2022, made a number of changes to Code, including several that impact the investment of public funds and the reporting practices of public agencies. Changes made to Code section 53601, the section of Code that governs the investment of public funds, include language stating that an investment’s term or remaining maturity shall be measured from the settlement date to final maturity, and, that a security purchased in accordance with Code section 53601 shall not have a forward settlement date exceeding 45 days from the time of investment. Previously, Code was silent on both items. To address these Code changes, we recommend the City add the new Code language to Policy section X. Investment Instruments, as shown in the attached marked-up Policy.

SB 1489 also modified Code section 53646 and its quarterly reporting requirements. Per Code, producing a quarterly report is optional for public agencies. However, should an agency choose to produce a quarterly report, certain requirements must be met. One of those requirements was to produce the quarterly report within thirty (30) days following the end of the quarter. With SB 1489 that time has been extended to forty-five (45) days. The City’s Policy does not explicitly require a quarterly report and contains no language regarding the due date of such reporting. As such, no Policy changes are needed to address this Code change.

Please let us know if you have any questions. Thank you.

ATTACHMENT III
FY 20222023
Statement of Investment Policy
Finance De
partment
Director of Finance, Dustin Claussen
Policy last amended: Dec 6, 2022Jan 26, 2021

ATTACHMENT IV
FY 20232 - Statement of Investment Policy

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Table of Contents
I. Introduction .............................................................................................................................................................. 3 II. Statement of Objectives .......................................................................................................................................... 3 III. Use of State Investment Guidelines ..................................................................................................................... 4 IV. Delegation of Authority ........................................................................................................................................ 4 V. Investment Advisory Committee ........................................................................................................................... 5 VI. Ethics and Conflict of Interest ............................................................................................................................. 5 VII. Investment Policy Adoption ................................................................................................................................ 5 VIII. Standard of Prudence ........................................................................................................................................ 5 IX. Reporting ............................................................................................................................................................... 6 A. Monthly ....................................................................................................................... .................................... 6 B. Periodic ........................................................................................................................................................... 6 C. Annual ............................................................................................................................................................. 6 X. Investment Instruments ......................................................................................................................................... 7 A. United States Treasury Notes, Bonds, Bills, or Certificates of Indebtedness .................................................. 8 B. Federal Agency or United States Government-Sponsored Enterprise (GSE) Obligations .............................. 8 C. Banker’s Acceptances........................................................................................................... ........................... 8 D. Prime Commercial Paper ................................................................................................................................ 8 E. Negotiable Certificates of Deposit .................................................................................................................. 9 F. Repurchase Agreements .................................................................................................................................. 9 G. Medium-Term Notes .................................................................................................................................... 109 H. Money Market Funds ............................................................................................................ ........................ 10 I. Alameda County Investment Pool. ................................................................................................................ 10 J. Other Investment Pools. ................................................................................................................................ 10 K. State of California’s Local Agency Investment Fund .................................................................................... 11 L. Collateralized Certificates of Deposit ........................................................................................................... 11 M. Municipal Bonds ............................................................................................................... ............................ 11 N. Supranationals ................................................................................................................ .............................. 12 O. Asset-Backed Securities ....................................................................................................... .......................... 12 XI. Prohibited Investments ....................................................................................................................................... 12 XII. Credit Downgrade ............................................................................................................................................. 13 XIII. Maturity and Diversification ........................................................................................................................... 13 XIV. Internal Controls .............................................................................................................................................. 13 FY 20232 - Statement of Investment Policy

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XV. Banks and Security Dealer Selection ................................................................................................................ 15 XVI. Risk Tolerance .................................................................................................................................................. 15 XVII. Safekeeping and Custody ............................................................................................................................... 17 Appendix A ........................................................................................................................................................ 18 Comparison and Interpretation of Credit Ratings1 ............................................................................................. 18 Appendix B ......................................................................................................................................................... 19 Glossary ............................................................................................................................................................. 19

FY 20232 - Statement of Investment Policy

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I. Introduction

The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment policy and to organize and formalize investment-related activities. Activities that comprise good cash management include accurate cash projections, the expeditious collection of revenue, the control of disbursements, cost-effective banking relations, and arranging for a short- term borrowing program that coordinates working capital requirements and investment opportunities.

A. Included – Funds included in this Statement of Investment Policy are described in the City’s annual financial report, and include: General Fund, Special Revenue Funds, Capital Projects Funds, Enterprise Funds, Internal Service Funds, Fiduciary Funds, Housing Finance Agency Funds, Successor Hayward Housing Authority funds, and Hayward Redevelopment Agency Successor Agency funds.

The Statement of Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds.

B. Excluded – The following funds are excluded from the Statement of Investment Policy: Deferred Compensation Fund assets and monies held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of the City, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements may be invested in accordance with the ordinance, resolution, indenture or agreement approved by the City Council which govern the issuance of those bonds, or lease installment sale, or other agreement, rather than this Statement of Investment Policy.

II. Statement of Objectives

It is the policy of the City of Hayward to invest public funds not required for immediate day-to-day operations in safe and liquid investments with maturities under five years, in conformance with the California state statutes governing the investment of public funds.

Investments are intended to achieve a reasonable rate of return while minimizing the potential for capital losses arising from market changes or issuer default.

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In managing the City of Hayward’s Investment Portfolio, the City’s primary objectives are safety, liquidity, and yield.

1. Safety – Safety of principal is the foremost objective of the City, followed by liquidity and yield. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they are from securities defaults or erosion of market value.

2. Liquidity – The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated.

3. Yield – The City may establish a performance benchmark based on current investment objectives and constraints. The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City's policy constraints and cash flow requirements. The City should not take undue risk to obtain above-market rates of return.

4. Diversification – The City's investment portfolio will be diversified to avoid concentrating investments in specific security types or in individual financial institutions.

While the City will not make investments for the purpose of trading or speculation as the dominant criterion, the Director of Finance shall seek to enhance total portfolio return by means of active portfolio management.

III. Use of State Investment Guidelines

Government Code Sections 53601, 53607, and 53646 of the State of California regulate investment practices. It is the policy of the City of Hayward to use the State's provisions for local government investments as the base for developing and implementing the City's investment policies and practices.

IV. Delegation of Authority

The responsibility for conducting the City’s investment program is hereby delegated to the Director of Finance, who has established written procedures for the operation of the investment program, consistent with this Statement of Investment Policy. The Finance Director has further authority, with consent of the City Council, to engage the services of one or more external investment managers to assist in the management of the City’s investment portfolio in a manner consistent with the City’s Statement of Investment Policy. Such managers must be registered under the Investment Advisors Act of 1940.

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Hayward City CouncilDecember 6, 2022

Hayward City Council
December 6, 2022