Council Packet — Hayward City Council, June 6, 2023 (part 1 of 3)

Tuesday, June 6, 2023
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chamber and Virtual Platform (Zoom)
City Council
Agenda
City Council Agenda June 6, 2023

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

SUCCESSOR AGENCY/HAYWARD HOUSING AUTHORITY MEETING
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.

PUBLIC PARTICIPATION
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/89000792464?pwd=Q1Z4OUtQK0tKa3BsSGpBZmN5V3VMZz09 Meeting ID: 890 0079 2464
Password: CCm6/6@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 890 0079 2464
Password: 6665711239
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Bonilla Jr.

AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL
CITY OF HAYWARD Page 2 Tuesday, June 6, 2023
City Council Agenda June 6, 2023

CLOSED SESSION ANNOUNCEMENT

PRESENTATIONS
Pride Month Proclamation

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

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

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

CONSENT
Approve the City Council Minutes of the Special City Council Meeting on May 13, 2023

1. MIN 23-068
Attachments: Attachment I Draft Minutes of 5/13/2023
Approve the City Council Minutes of the City Council Meeting on May 16, 2023

2. MIN 23-069
Attachments: Attachment I Draft Minutes of 5/16/2023
Approve the City Council Minutes of the Special City Council Meeting on May 23, 2023

3. MIN 23-070
Attachments: Attachment I Draft Minutes of 5/23/2023
Adopt a Resolution Rescinding Implementation of Level 2 of the City of Hayward’s Water Shortage Contingency Plan

4. CONS 23-313
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 3 Tuesday, June 6, 2023
City Council Agenda June 6, 2023
Adopt a Resolution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency

5. CONS 23-319
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Contract Amendment With JP Morgan Chase, N.A. for Banking and Cash Management Services for an Additional Three-Year Term

6. CONS 23-344
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution: (1) Authorizing the Reallocation of $2 Million in American Rescue Plan Act of 2021 (ARPA) Funds for a Down Payment Assistance (DPA) Program; and (2)
Authorizing the City Manager to Execute Loan Documents and Administer the Loans Including Subordinating, Extending, or Modifying Repayment Terms to Provide Down Payment
Assistance Loans in an Amount Not-to-Exceed $300,000 per Loan

7. CONS 23-322
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution of Intention to Preliminarily Approve the Engineer’s Report and Assessments for Fiscal Year 2024; and Set June 27, 2023, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18

8. CONS 23-323
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer's Report
CITY OF HAYWARD Page 4 Tuesday, June 6, 2023
City Council Agenda June 6, 2023
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2024 for Maintenance District No. 1 – Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 27, 2023, as the Public Hearing Date

9. CONS 23-325
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer's Report
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2024 for Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 27, 2023, as the Public Hearing Date

10. CONS 23-324
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer's Report
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 Increasing the Contract Amount for Newton Construction & Management for the Tenant Improvements and Workspace Reconfiguration for Fire Administration by
$36,850, for a Total Not-to Exceed Contract Amount of
$348,612

11. CONS 23-326
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt A Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Samsara Inc. in an Amount Not-to-Exceed $105,465 and an Effective Term Length Through FY2026

12. CONS 23-327
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 5 Tuesday, June 6, 2023
City Council Agenda June 6, 2023
Adopt a Resolution Approving Plans and Specifications, and Calling for Bids for the FY23 Median Landscape Improvement - Phase 2, Project No. 05281 and Appropriate an Additional $497,700 from the Street System Improvements (Fund 450) to Project 05281

13. CONS 23-329
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution Appropriation
Attachment IV Project Location Map
Adopt a Resolution Authorizing the City Manager to Execute a Contract with HdL Coren & Cone for Property Tax, Information and Audit Services

14. CONS 23-333
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Contract with MuniServices for Municipal Sales Use Tax
Management and Auditing Services

15. CONS 23-334
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2023

16. CONS 23-335
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY 2023 Salary Plan
Adopt a Resolution Authorizing the City Manager to Execute a Professional Agreement for Auditing Services with Maze & Associates

17. CONS 23-338
Attachments: Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 6 Tuesday, June 6, 2023
City Council Agenda June 6, 2023
Adopt a Resolution Approving Updates to the City's Strategic Roadmap

18. CONS 23-339
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Strategic Roadmap for Adoption
Attachment IV Retreat Summary
Attachment V Backup on Vacant Properties & Safe Parking

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

Sidewalk Vending Ordinance: Review and Discuss Draft
Program Policies for an Amendment to the Hayward Municipal Code to Comply with Senate Bill (SB) 946, the “Safe Sidewalk Vending Act” (Report from Development Services Director Buizer)

19. WS 23-023
Attachments: Attachment I Staff Report
Attachment II Draft Policy Language
Attachment III Sidewalk Survey Analysis
Attachment IV Enforcement Comparison Table
CITY OF HAYWARD Page 7 Tuesday, June 6, 2023
City Council Agenda June 6, 2023

PUBLIC HEARING
FY 2024 Budget/CIP Public Hearing and Adoption: Hold Public Hearing and Adopt Resolution for Adoption of the Proposed FY 2024 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing
Authority; FY 2024 Capital Improvement Program Budget;
Adoption of the FY 2024 Operating Budgets and
Appropriations for FY 2024; Adoption of the FY 2024 Capital Improvement Program Budget and Appropriations for FY 2024; Adoption of the Hayward Redevelopment Successor Agency
Budget; and Adoption of the Hayward Housing Authority
Budget (Report from Finance Director Gonzales)

20. PH 23-022
Attachments: Attachment I Staff Report
Attachment II FY24 Budget Resolution
Attachment III FY24 Budget Exhibits A & B
Attachment IV FY24 Budget RAS Resolution
Attachment V FY24 Budget Housing Authority Resolution
Attachment VI FY24 CIP Budget Resolution
Attachment VII FY24 Budget CAF Resolution
Attachment VIII Exhibit A to CAF Recommendation
Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2024 (Report from
Finance Director Gonzales)

21. PH 23-027
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Gann Appropriation Limit

LEGISLATIVE BUSINESS
Reach Code Amendments: Introduction of Revised
Electrification Reach Code Ordinance with Minor Modifications Required by California Building Standards Commission (Report from Public Works Director Ameri and Development Services Director Buizer)

22. LB 23-022
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Hayward Reach Code Ordinance
CITY OF HAYWARD Page 8 Tuesday, June 6, 2023
City Council Agenda June 6, 2023

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

ADJOURNMENT
NEXT MEETING, June 20, 2023, 7:00 PM

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

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

CITY OF HAYWARD Page 9 Tuesday, June 6, 2023
City Council Agenda June 6, 2023

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

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

CITY OF HAYWARD Page 10 Tuesday, June 6, 2023
CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 23-068
DATE: June 6, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on May 13, 2023

RECOMMENDATION
That the Council approves the Special City Council meeting minutes of May 13, 2023. End

SUMMARY
The City Council held a meeting on May 13, 2023.

ATTACHMENTS
Attachment I Draft Minutes of May 13, 2023
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Conference Room 2A and Virtual Platform (Zoom)
https://hayward.zoom.us/j/85090867835?pwd=MjlqbEJLRmtuSFVKTk1JL2Joeml5Zz09 Saturday, May 13, 2023, 8:30 a.m.

The City Council meeting was called to order by Mayor Salinas at 8:30 a.m. The City Council held a hybrid meeting in Conference Room 2A and virtually via Zoom.

CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Zermeño

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None
Pursuant to Government Code section 54953, Council Member Syrop joined the meeting from San Antonio, Texas where the agenda was posted, and the remote location made available to the public according to the Brown Act.

PUBLIC COMMENTS
Ms. TJ, Hayward Concerned Citizens member, expressed interest in learning about the appropriation of funds towards the BACS St. Regis mental health facility project and the Russell City Reparative Justice Project.

WORK SESSION

1. Council Budget Work Session: Review Proposed Fiscal Year 2024 Operating Budget and Five-Year Plan and Receive and Discuss Department Budget Presentations WS 23-0120 Staff report submitted by City Manager McAdoo and Finance Director Gonzales dated May 13, 2023, was filed.

City Manager McAdoo announced the item; provided an overview of the agenda and logistics for the work session; and introduced Finance Director Gonzales who provided an overview of the General Fund Five-Year Forecast Update Proposed FY 2024, key cost drivers impacting the General Fund, Proposed FY 2024 General Fund-Revenues, Proposed FY 2024 General Fund-Expenses, and Proposed FY 2024-All other Operating Funds.

Discussion ensued among members of the City Council and City staff regarding use of General Fund Reserves; General Fund allocations from American Rescue Plan Act (ARPA) in FY 2022 and FY 2023; CalPERS retirement costs and contributions; Transient Occupancy Tax (TOT) and setting a rate below 14% which would require Council action; projected uses of reserves are expected to be lower as staff has the ability to control expenses and limit contributions; any projected budget shortfalls will be included in the General Fund 2 | M a y 1 3 , 2 02 3
model with department heads’ engagement with the goal to achieve long term fiscal sustainability; factors (sales tax, property value) impacting the City’s finances when compared to comparable cities; income from the airport benefitting the Enterprise Fund and General Fund; and TOT revenue from new hotels can be captured in November and present to Council a new revenue projection at mid-year, if needed; potential infrastructure grant money; opportunity to explore leveraging funds through a $500 million technology grant; payments over the last few years towards the Annual Required Contribution (ARC) and the processes taken to fully fund it last year; drives impacting the General Fund such as the cost of providing services to the community; and Real Property Transfer Tax excess revenue to replenish the reserve per the policy.

Maintenance Services Director Rullman, Human Resources Director Frye, Fire Chief Contreras, Acting Police Chief Matthews, Acting Development Services Director Buizer, Information Technology Director Kostrzak, Library Director Addleman, City Manager McAdoo, Finance Director Gonzales, City Clerk Lens, City Attorney Lawson, and Public Works Director Ameri provided an overview of their department budgets which can be found in the Proposed FY 2024 Operating Budget. Department presentations included highlights of FY 2023 key activities and accomplishments; overview of department organizational charts; significant resource changes planned for FY 2024; highlights of FY 2024 performance goals and metrics; and clarification of questions asked by the Council.

Members of the City Council expressed appreciation for the presentations and provided feedback to each department.

City Manager McAdoo provided a brief presentation for the Mayor City Council budget; noted there were FY 2023 key activities and accomplishments and invited Council to offer any additional accomplishments; indicated that while there were no significant changes proposed for FY 2024, cost of living adjustments would be incorporated into the Council’s budget; and shared the Council performance objective.

Mayor Salinas thanked City staff on behalf of the Council for the presentations and the logistics related to the work session.

City Manager McAdoo noted there would be a review of the recommended Capital Improvement Program for FY 2024 – FY 2033 on May 16, 2023, and the budget public hearing on June 6, 2023.

ADJOURNMENT
MayorSalinas adjourned the City Council meeting at 2:33 p.m.

APPROVED
__________________________________________________________ Mark Salinas
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 23-069
DATE: June 6, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the City Council Meeting on May 16, 2023

RECOMMENDATION
That the Council approves the City Council meeting minutes of May 16, 2023.

SUMMARY
The City Council held a meeting on May 16, 2023.

ATTACHMENTS
Attachment I Draft Minutes of May 16, 2023
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Zermeño

Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas

Absent: None

CLOSED SESSION
The City Council convened in closed session on April 24, 2023, at 7:00 p.m., with all members present and no public comment, regarding conference with labor negotiators pursuant to Government Code section 54957.6 concerning all bargaining units. City Attorney Lawson noted there was no reportable action. The closed session adjourned at 9:15 p.m.

The City Council convened in closed session on May 2, 2023, at 5:00 p.m., with all members present and no public comment, regarding three items: 1) conference with legal counsel pursuant to Government Code section 54956.9 regarding Bryan Parker v. City of Hayward; Claim Nos. 1896000006 and 2196000087, Workers’ Compensation Appeals Board Case Nos. ADJ11388834 and ADJ15401037; 2) conference with labor negotiators pursuant to Government Code section 54957.6 concerning all bargaining units; and 3) public employment pursuant to Government Code section 54957 regarding the annual performance evaluation for the City Manager. City Attorney Lawson noted that Council provided direction regarding Item 1 but took no reportable action; and regarding Items 2 and 3, there was no reportable action. The closed session adjourned at 6:50 p.m.

The City Council convened in closed session on May 16, 2023, at 5:00 p.m., with all members present and no public comment, regarding two items: 1) conference with legal counsel pursuant to Government Code section 54956.9 regarding City of Hayward v. Soubra Alameda County Superior Court No. 23CV025445; and 2) public employment pursuant to Government Code section 54957 regarding the annual performance evaluation for the City Manager. City Attorney Lawson reported that Council gave direction regarding Item 1 but took no reportable action; and noted that there was no reportable action related to Item 2.

The closed session adjourned at 6:50 p.m.

PRESENTATIONS
Mayor Salinas read a Proclamation declaring the week of May 14, 2023, through May 20, 2023 as National Police Week in Hayward and Monday, May 15, 2023 as Peace Officers’ Memorial Day in the City of Hayward. Acting Police Chief Matthews accepted the proclamation on behalf of the Police Department.
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Mayor Salinas read a Proclamation declaring the month of May 2023 as Affordable Housing Month in the City of Hayward and presented it to East Bay Housing Organizations. Mr.

Shawn Johnson, Board Member and Director of Community Partnership at Eden Housing accepted the proclamation on behalf of East Bay Housing Organizations.

Mayor Salinas read a Certificate of Commendation presented to Ms. Meedie Monegan on her years of service in education and her passion, success, and dedication to teaching students in the City of Hayward. Ms. Monegan was the first African American teacher in Hayward, California. Hayward Unified School District (HUSD) Board President Bufete and HUSD Interim Superintendent Wu-Fernandez thanked Ms. Monegan for her service to Hayward residents. Ms. Monegan thanked the Council, and everyone involved in honoring her.

PUBLIC COMMENTS
Ms. TJ, Hayward Concerned Citizens member, expressed appreciation to the Hayward Police Department for their accomplishments in 2023; and shared information shared via social media regarding arrests of suspects involved in criminal activity and issuance of tickets for traffic violations.

CITY MANGAGER’S COMMENTS
City Manager McAdoo announced the City would be hosting its Spring 2023 Compost Giveaway on May 20, 2023, in the parking lot of the closed Skywest Golf Course.

CONSENT
Consent Items 6, 7, 11, 14, 15, and 16 were removed for comment. Consent Item No. 15 was removed for a separate vote.

1. Approve the City Council Minutes of the City Council Meeting on April 18, 2023 MIN 23-061
It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño, and carried unanimously, to approve the minutes of the City Council Meeting on April 18, 2023.

2. Approve the City Council Minutes of the City Council Meeting on April 25, 2023 MINS 23-062
It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño, and carried unanimously, to approve the minutes of the City Council Meeting on April 25, 2023.

3. Adopt a Resolution Approving an Amended Agreement between the City of Hayward and the Hayward Fire Chiefs’ Association (“HFCA”) and Authorizing Staff to Execute the Side Letter of Agreement to Revise Vacation Leave Payout Contributions Upon Service or Disability Retirement from the City to the Voluntary Employee Beneficiary Association (VEBA) Plan CONS 23-214

Staff report submitted by Human Resources Director Frye, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-107, “Resolution Approving the Side Letter of Agreement with the Hayward Fire Fighters 1909 and the
Hayward Fire Chiefs Association 1909 to Decrease Member Vacation Leave Payout Contributions at Time of Service or Disability Retirement to the Voluntary Employee Beneficiary Association (VEBA) Plan”

4. Adopt a Resolution Approving Policies and Procedures for Granting Priority Water and Sewer Service to Housing Development Projects that Include Units Affordable to Lower-Income Households CONS 23-251
Staff report submitted by Public Works Director Ameri, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-108, “Resolution Adopting Policies and
Procedures for Providing Priority Water and Sewer Service to Affordable Housing Projects Pursuant to Government Code Section 65589.7”
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5. Adopt a Resolution Approving the Project List for FY2024 Road Repair and Accountability Act (RRAA) Funding for the FY2024 Pavement Improvement Project CONS 23-252
Staff report submitted by Public Works Director Ameri, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-109, “Resolution Approving Project List for FY24 Road Repair and Accountability Act (RRAA) Funding for the FY24 Pavement Improvement Project”

6. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Dudek in an Amount Not-to-Exceed $94,022 for the Tree Preservation Ordinance Update and Hayward Executive Airport Landscape Guidelines for the City of Hayward CONS 23-254 Staff report submitted by Acting Development Services Director Buizer, dated May 16, 2023, was filed.

In response to Council Member Zermeño’s request to remove the word “optional” from contract language stating, “the project will include an optional task to conduct a tree canopy study for all trees within City limits,” staff was amenable to making the change.

Council Member Syrop supported Council Member Zermeño’s request to make the canopy study mandatory. In response to Council Member Syrop’s inquiry, staff indicated the assessment of the tree canopy would not include a tree inventory; however, staff could utilize the analysis done to ensure trees are placed in areas that are deficient. Council Member Syrop stated that some City commissions had advocated a canopy inventory be conducted in the future, which he supported. Council Member Syrop expressed he was interested in seeing options for citizen stewardship included in the Tree Preservation Ordinance and supported reducing costs on staff related to maintenance of trees.

Council Member Bonilla Jr. agreed with language change for the canopy study.

In response to Council Member Roche’s inquiry about outreach and consultant selection, staff indicated there would be an outreach component as a part of the ordinance update and the consultant had submitted a proposal that met the objectives of the request for proposal.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-110, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Dudek for the Tree Preservation Ordinance Update and Hayward Executive Airport Landscape Guidelines for the City of Hayward and Related Environmental Analysis for an Amount Not-to-Exceed $94,022”

7. Adopt a Resolution Authorizing the City Manager to Execute the Downtown Hayward Promise Neighborhood (DHPN) Five (5) Year Contract, and Accept and Appropriate Up to $1,698,782 in Funding from Downtown Hayward Promise Neighborhood (DHP) Over Calendar Years (CY) 2023-2027 (Fiscal Years 2023-2028) CONS 23-257 Staff report submitted by Library Services Director Addleman, dated May 16, 2023, was filed.

In response to Council Member Andrews’ inquiry if funding from Downtown Hayward Promise Neighborhood (DHPN) would be related to the Education City concept, staff indicated that the grant funding supported education initiatives.

In response to Council Member Andrews’ inquiry as to how the cradle-to-career concept works with daycare centers, staff indicated that through partnerships with First Five and Promotoras there is outreach to families with younger children in targeted neighborhoods.

Council Member Bonilla Jr. agreed with Council Members Andrews that the proposal was a great partnership that aligned with helping bring the Education City into fruition.

Mayor Salinas noted this was the third round of funding that DHPN would receive from the U.S. Department of Education, stated there were 15 partners for cradle to career; and noted that CSUEB was the backbone agency that had calibrated the project in three low-income neighborhoods including Jackson Triangle, South Hayward Corridor, and Downtown Hayward. Mayor Salinas disclosed he had worked for HPN in the past and could vote on the item.
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It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-111, “Resolution Authorizing the City Manager to Execute the Downtown Hayward Promise Neighborhood
(DHPN) Five (5) Year Contract Totaling $1,698,782 Over
Calendar Years (CY) 2023- 2027 (Fiscal Years 2023-2028), and Contribute up to $1,698,787 of In-Kind, Matching City Resources Over that Same Time Period”

8. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Contract with 3Di Systems to Extend the Contract for Wildfire Vegetation Management Inspection Software Through April 30, 2024 CONS 23-259 Staff report submitted by Fire Chief Contreras, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-112, “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Contract With 3Di Systems to Extend the Contract for Wildfire Vegetation
Management Inspection Software Through April 30, 2024”

9. Adopt a Resolution Approving Plans and Specifications and Calling for Bids for the FY23 Sidewalk Rehabilitation and Wheelchair Ramp Project, Project No. 05303 CONS 23-261
Staff report submitted by Public Works Director Ameri, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-113, “Resolution Approving Plans and
Specifications for the FY23 Sidewalk Rehabilitation and Wheelchair Ramps, Project No. 05303, and Call for Bids”

10. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with HydroScience Engineers, Inc., Increasing the Contract Amount for Project Design and Engineering Services for the Sewer and Water Line Improvements Projects by $99,083 for a Total Not-to-Exceed Contract Amount of $1,741,948 CONS 23-263
Staff report submitted by Public Works Director Ameri, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-114, “Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services
Agreement with Hydroscience Engineers, Inc., Increasing the Contract Amount By $99,083 for Project Design and Engineering Services for the Sewer and Water Line Improvements Projects for a Total Not to Exceed Contract Amount of $1,741,948” 8 | M a y 1 6 , 2 02 3

11. Adopt a Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for Human Potential, Inc. for the California Department of Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropriate Additional Funding in the Amount of $130,000 CONS 23-267 Staff report submitted by Assistant City Manager Youngblood, dated May 16, 2023, was filed.

Council Member Andrews thanked everyone involved with the agreement with Advocates for Human Potential Inc., for the Behavioral Health Justice Intervention Services project and encouraged finding more partners to expand the HEART (Hayward Evaluation and Response Team) program.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-115, “Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for
Human Potential, Inc. for the California Department of
Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropriate Additional Funding in the Amount of $130,000”

12. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Motorola for the Purchase of 105 Portable Radios in an Amount Not-toExceed $1,160,917 CONS 23-268 Staff report submitted by Fire Chief Contreras, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 23-116, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Motorola for the Purchase of 105 Portable Radios in an Amount Not to Exceed $1,160,917”

13. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with First Responder Wellness for the Provision of the First Responder Wellness Mental Health Program for the Hayward Fire Department in an Amount Notto-Exceed $89,407 CONS 23-269 Staff report submitted by Fire Chief Contreras, dated May 16, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-117, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with First Responder Wellness for the Provision of the First Responder Wellness Mental Health Program for the Hayward Fire Department in an Amount Not to Exceed $89,407”

14. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $20,000 in Funding from First 5 of Alameda County to Support Library Services and Programs for Fiscal Year 2023, and Annually for the Next Three Fiscal Years (FY 2024 - FY 2026) CONS 23-271
Staff report submitted by Library Services Director Addleman, dated May 16, 2023, was filed.

Council Member Bonilla Jr. stated that it was great that the library was able to secure funds which would continue to expand and support library services and programs. 10 | M a y 1 6 , 2 02 3
It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño, and carried by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-118, “Authorize the City Manager to Accept and Appropriate Up to $20,000 in Funding from First 5 of Alameda County to Support Library Services and Programs for Fiscal Year 2023, and Annually for the Next Three Fiscal Years (FY 2024 – FY 2026)”
Council Member Syrop recused himself from voting on Consent Item 15.

15. Adopt a Resolution Appointing Council Member Syrop to the Alameda County Mosquito Abatement District Board of Trustees to Fill the Remainder Term Left by Former Council Member Márquez Which Would End December 31, 2024 CONS 23-272 Staff report submitted by City Clerk Lens, dated May 16, 2023, was filed.

Council Member Syrop appreciated the opportunity to serve as the City’s representative on the Alameda County Mosquito Abatement District (ACMAD), shared that growing up he was aware about the dangers of mosquitos growing in pools of water, and looked forward to filling the position.

Council Member Bonilla Jr. congratulated Council Member Syrop on his appointment to the ACMAD.

The item was pulled from the Consent Calendar for a separate vote.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Zermeño
MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Syrop
ABSTAIN: None

Resolution 23-120, “Resolution Appointing Council Member Syrop as City of Hayward Representative to the Alameda County Mosquito Abatement District to Fill the Remainder Term Left by Former Council Member Márquez Which Would End December
31, 2024”

16. Adopt a Resolution Authorizing the City Manager to Execute an Amended Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC and Accepting and Appropriating a Contribution of $1,250,000 in Funds to Support Clean Energy Efficiency Projects in the City Following the Explosion that Occurred at the Russell City Energy Center on May 27, 2021 CONS 23-299
Staff report submitted by City Manager McAdoo, dated May 16, 2023, was filed.

Council Member Syrop thanked staff for securing funds and shared how a crisis was converted into clean energy projects for the city.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-119, “Resolution Authorizing the City Manager to Execute an Amended Coordination, Resiliency, and Action Agreement with Russell City Energy Company, LLC and to Accept and Appropriate $1,250,000 to Support Clean Energy Efficiency Projects in the City”

WORK SESSION

17. FY 2024 City Budget: Proposed Fiscal Year 2024 Operating Budget Work Session #2 WS 23-022
Staff report submitted by Finance Director Gonzales, dated May 16, 2023, was filed.
12 | M a y 1 6 , 2 02 3
Assistant City Manager Youngblood shared that all departmental budget presentations were completed during the May 13, 2023 Council work session and there were no follow up discussion items. The budget public hearing was scheduled for June 6, 2023.

There being no public comments, Mayor Salinas opened and closed the public comment section at 7:55 p.m.

In response to Council Member Syrop’s inquiry regarding the budget process, Assistant City Manager Youngblood noted staff confirmed the Council did not have changes to the proposed budget, noted there may be changes related to Strategic Roadmap projects requiring additional funding, and indicated that Council would have the opportunity to ask additional questions during the budget public hearing.

Mayor Salinas commended Finance Director Gonzales for her work organizing the FY 2024 Operating Budget.

18. Capital Improvement Program Work Session: Review of Recommended Capital Improvement Program for FY 2024 – FY 2033 WS 23-017
Staff report submitted by Public Works Director Ameri dated May 16, 2023 was filed.

Public Works Director Ameri announced the report and introduced Management Analyst Hu who provided an overview of the recommended Capital Improvement Program (CIP) for FY 2024-2033.

There being no public comments, Mayor Salinas opened and closed the public comment period at 8:18 p.m.

Members of the Council commended staff on the presentation of the CIP and its website design.

Discussion ensued among members of the City Council and City staff about: the proposed CIP budget which includes an estimated $905 million for the next ten years; ambitious goals to replace vehicle fleet with electric vehicles; electric motorcycles could be explored for police officers; the $27 million gap for the Stack Youth and Family Center and multiple organizations that could partner with the City to complete the project to fruition; grant opportunities to improve streets through Safe Streets and Roads for All with a goal to make streets and intersections pedestrian friendly; the development of the Skywest property would not qualify as a City capital project unless there was an element such as a public park or a public improvement as a part of the larger Master Plan; Phase II of recycled water implementation; the City does have the infrastructure in place to plug sixty electric vehicles for its fleet; while staff continues to pursue grants, some projects will have to be funded by bonds or other

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89325796361?pwd=UmxZcWVLS09KV3NqNElLbmlscGxwUT09 Tuesday, May 16, 2023, 7:00 p.m.
sources of traditional funding; utility undergrounding was implemented as a part of projects, the City does install broadband but could help facilitate the process as a part of projects referenced in the City’s 2017 Broadband Master Plan; clarification of the difference between road and street projects and pavement rehabilitation; clarification on how funding allocations were determined and how projects were added and removed from the budget; Strategic Roadmap priorities and budget process; the roadway improvements for school and senior safety were innovative; and seismic safety was being incorporated with the installation of the water line replacement.

Members of the City Council offered the following recommendations: update the figure for the goal to plant 1,000 trees annually with 1,500 trees as expressed during the Strategic Roadmap work session; clarify what is meant by alternate modes as this included a $41 million allocation; explore how the Emeryville Center of Community Life project was planned and implemented to be a multi-use city-school campus and community center; investigate how livable or quality of life projects could achieve first place; consider a dashboard on the CIP webpage to visualize current projects; consider more infrastructure to support the usefulness of recycled water; consider closing Mission Boulevard to Foothill Boulevard from Friday through Sunday to reinvigorate the downtown; consider longer crossing times and higher visibility for the area near the Hayward Plunge during the early morning and late afternoon through Safe Routes for Seniors; evaluate the intersection near St. Regis where children cross over Jackson Street and consider bulb-outs or longer pedestrian light controlled features with Safe Routes to School funding; enable key public facility elements of La Vista Park and open the project in phases as resources become available; partner with Bike East Bay as the City evaluates pavement improvement plans and how these intersect with bike lanes, walkability, and mobility within the city; work with private partners to update infrastructure projects requiring undergrounding of utilities; identify, in the future, projects that are self-funded or require allocations from the General Fund or Enterprise Fund and are specific to the Strategic Roadmap; incorporate in the electronic bike charging infrastructure any chargers that support multiple vehicle types and help encourage multimodal transit; and explore improving pedestrian safety.

19. Climate Action Plan: Considerations for New General Plan Policies and Programs Related to the City's Climate Action Plan WS 23-18
Staff report submitted by Director of Public Works Ameri dated May 16, 2023 was filed.

Director of Public Works Ameri announced the item and introduced Environmental Services Manager Pearson who along with Sustainability Specialist Grucky provided a synopsis of the staff report.
14 | M a y 1 6 , 2 02 3
In response to Council Member Syrop’s inquiry about how to provide input relating to Attachment II (Hayward Climate Action Plan Update: Greenhouse Gas (GHG) Emissions Reduction Measures Buildout Terminology, Guidance and List) which was distributed as an item received after the agenda was published, staff indicated Council could provide input at the meeting or via email.

There being no public comments, Mayor Salinas opened and closed the public comment period at 9:16 p.m.

Members of the City Council thanked staff for their work related to the Climate Action Plan, noting the City’s Climate Action Plan will help to make Hayward a green leader nationally.

Discussion ensued among members of the City Council and City staff regarding: the impact of the pandemic and greenhouse gas emissions in achieving 2045 goals; staff will conduct another greenhouse gas inventory report; the way to measure the flow of cars coming in and out of the city had been based on a computer model from the regional Transportation Commission and had switched over to data that is based on cell phone activity and making an impact on vehicles coming through Hayward would involve discussion on regional traffic; food recovery programs were alternatives to ensure that food goes to food banks and can be distributed to people in need; correlation between the Climate Action Plan, the Environmental Justice Element and the General Plan to ensure that programs, actions and policies are well coordinated; the City’s Reach Code to ban gas on new construction could be achieved sooner than 2026; timeframe for measures and respective actions; AC Transit and their plan to electrify their bus fleet (Action ID T-2.9); Stop Waste’s model ordinance that cities can adopt to regulate single use food ware such as straws and staff was planning to bring the item to the Council Sustainability Committee in the fall for discussion; Save the Bay had suggestions that staff incorporated into the Draft Safety Element which would be presented to Council in the fall; EV charging, fleet electrification, tree planting were some projects from the Strategic Roadmap that had been incorporated into the Draft Climate Action Plan; and air quality for communities situated along freeway corridors such as I-880 and I580.

Members of the City Council offered the following suggestions and comments: prioritizing permanently closing a downtown street would reduce vehicles in the downtown, which was supported by a couple downtown businesses; there was support for the draft measures and actions which included creating a staff position, prioritizing conducting an urban tree canopy study, creating exemptions for electrification of existing homes for low-income residents, and prioritizing a ban on problem solid waste materials; it was suggested to explore grant funding and Measure D funds for implementation; consider contemplating a fee for single-use utensils; noted that a program for electrification that did not calculate the cost, to change from gas to full electric and vehicle charge installation, with a loan would help borrowers and urged staff to share this information with state legislators; asked to amplify that Stop Waste had a database that linked to different option for items that could be reused, recycled, or donated; there was support for options to incentivize or subsidize the electrification or reduction of emissions in low-income communities; while a timeframe of 2026 to meet goals of the Reach Code was fine, the item could also be brought to Council sooner for discussion; the broad level of support and partnership with the community in

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89325796361?pwd=UmxZcWVLS09KV3NqNElLbmlscGxwUT09 Tuesday, May 16, 2023, 7:00 p.m.
order to achieve the aggressive objectives was appreciated; timeframes for measures and respective actions seemed a little long and it would be helpful to focus the attention on timeframes; the proposed projects were fine as long as staff was creating pathways for lowincome residents in the neighborhood to achieve the goals; there was support to prioritize SW-2.16 (increase ban on problem materials such as plastic straws) and noted that the Keep Hayward Clean and Green Task Force had submitted a letter of support related to reducing waste at food establishments; expressed support of various initiatives such as BE1.7 (electrification infrastructure and capacity feasibility study), BE-2.12 (feasibility study assessing the cost and funding strategy for incentivizing all-electric retrofits), and BE-2.16 (electrification services and financing) in partnership with EBCE; supported T-4.9 (incentivize residential electric vehicle charger installations) and T-4.11 (partner with EBCE to aid in EBCE’s survey of existing publicly accessible electric vehicle chargers) and suggested exploring incentives for getting more chargers installed and options for electrifying the fleet; related to BE-3.7 (education campaign to promote commercial electrification) requested to work with the Hayward Chamber of Commerce to develop an education campaign; provide information on the effectiveness of Property Assessed Clean Energy (PACE) financing for installation of renewable energy systems; connect with EBCE related to the BE-4.1 goal and its plan to provide 100% carbon-free electricity by 2030; supported participating in EG-1.7 (incentives for installing solar on homes) and EG-1.8 (feasibility analysis of battery storage and solar projects) as they would present opportunities for incentives that the City could benefit from; consider reprioritization of EG-1.9 (opportunities for the Water Pollution Control Facility to expand of methane recovery systems) as there were upgrades already planned for this goal; supported implementation of 2020 Bicycle and Pedestrian Master Plan goals (T-1.5); supported partnering with HARD and schools through T-1.10 (teach bicycle and pedestrian safety), companies through T1.11 (bring an e-bike share or e-scooter share), and community groups through T-1.12 (funding for a pilot bike-share program in low-income communities); was interested in T-2.8 (expand the Student Transit Pass Program) and through T-2.9 and T-2.14 partnering with AC Transit to understand the plan to electrify their bus fleet and implementation of clipper cards; supported understanding T-3.7 (equity metrics for implementation of disincentives based on feedback from local low-income communities of color) and suggested that this could be evaluated by the City’s GARE program; T-3.11 (increase broadband internet access) seemed confusing and cautioned use of terminology as broadband was proposed to be expanded by private firms; supported collaborating with EBCE related to T-4.3 (install 100 new publicly accessible EV chargers by 2030 through public private partnerships); supported water conservation devices for low-income communities; consider incorporating an environmental study on the airport, as it relates to greenhouse gas emissions, for a project to gather data around its impact; supported exploring transitioning the business model to more sustainable materials; and underscored the benefits of paper straws, metal straws, and reusable thermos cups in mitigating the negative impact to the environment. 16 | M a y 1 6 , 2 02 3
Mayor Salinas appreciated comments received, thanked staff for their hard work, and acknowledged Council Members Roche, Andrews, and Zermeño for serving on the Council Sustainability Committee.

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews highlighted that the Hayward Police Department (HPD) in partnership with Eden Area ROP would hold a catalytic converter etching event by appointment at the Eden Area ROP on May 20, 2023, which would assist with anti-theft of catalytic converters.

Council Member Zermeño announced the Rowell Ranch Rodeo event was taking place from May 19 through Sunday, May 21, 2023; and the Hayward Public Library was holding a Spanish Book Club on May 20, 2023.

Mayor Salinas shared he would be attending the Rowell Ranch Rodeo indicating its roots started in Hayward.

Council Member Goldstein stated that HPD would be holding a motorcycle skills training class on May 20, 2023.

COUNCIL REFERRALS
There were none.

ADJOURNMENT
MayorSalinas adjourned the City Council meeting at 10:10 p.m.

APPROVED
__________________________________________________________ Mark Salinas
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 23-070
DATE: June 6, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the City Council Minutes of the Special City Council Meeting on May 23, 2023

RECOMMENDATION
That the Council approves the Special City Council meeting minutes of May 23, 2023. End

SUMMARY
The Special City Council held a meeting on May 23, 2023.

ATTACHMENTS
Attachment I Draft Minutes of May 23, 2023
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

The City Council/Hayward Geological Hazard Abatement District (GHAD) Board meeting was called to order by Mayor/GHAD Chair Salinas at 7:00 p.m. The City Council/GHAD Board held a hybrid meeting in Council Chambers and virtually via Zoom.

CALL TO ORDER: Mayor/GHAD ChairSalinas
Pledge of Allegiance: Council/GHAD Member Andrews

Present: COUNCIL/GHAD MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR/GHAD CHAIR Salinas

Absent: None
The Hayward Geological Hazard Abatement District (GHAD) Board adjourned its meeting at 7:36 p.m. and reconvened into the City Council meeting.

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session at 5:00 p.m., with all members present and one public comment from Mr. Matthew Morris, on a matter unrelated to the items listed for closed session discussion, regarding three items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(4) regarding one anticipated litigation; 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Fonua, et al. v. City of Hayward U.S.D.C., ND CA, No. 4:21-cv-3644 SBA; and 3) public employment pursuant to Government Code section 54957 regarding the City Attorney’s annual performance evaluation. City Attorney Lawson reported the Council considered Items 1 and 2, gave direction to staff but took no reportable action. Mayor Salinas noted there was no reportable action related to Item 3. The closed session adjourned at 6:55 p.m.

PRESENTATIONS
Mayor Salinas read a Proclamation declaring the month of May 2023 as Asian American and Native Hawaiian/Pacific Islander (AANHPI) Heritage Month in Hayward. Mayor Salinas presented certificates to Ann Nguyen, Youth Vietnamese Music Group; Vijaya Aasuri, Association of Indo Americans; Viktor Fujii, Eden Chapter of the Japanese American Citizens League; Lani Llamido, Filipino American Student Coalition; Sam Kim, Hansamo Korean American Non-profit organization; Benjamin Chang and Lilly Deng, Chinese Arts Association of San Francisco; and Deanie Villiados, Kumu Hula Association. 2 | M a y 23, 2 02 3

PUBLIC COMMENTS
Ms. Heather Reyes, Community School Specialist at Tyrrell Elementary, thanked Council Member Syrop for participating as a judge in the school’s first annual Spelling Bee, and presented him with a gift.

CITY MANGAGER’S COMMENTS
City Manager McAdoo shared that with the Spring Compost Giveaway held on May 20, 2023, a record amount of 5,000 bags of compost were distributed; and stated the Downtown Library would be hosting a special music performance on May 27, 2023 celebrating Asian American and Pacific Islander Heritage Month.

CONSENT
Consent Items 2, 5, 6 and 7 were removed from the Consent Calendar for comment.

1. Approve the City Council Minutes of the City Council Meeting on May 9, 2023 MIN 23- 064
It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried unanimously, to approve the minutes of the City Council Meeting on May 9, 2023.

2. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Assignment/Assumption of Lease with Hayward FBO, LLC (dba APP Jet Center) for 21015 Skywest Drive CONS 23-270
Staff report submitted by Public Works Director Ameri, dated May 23, 2023, was filed.

Council Member Bonilla Jr. was enthusiastic to see the airport hangar come into fruition with an additional $40,000 in annual rent, and stressed the point that as the airport expands, the effects on the local community need to stay on the forefront including pollution and other types of hazards resulting from airplanes flying in and out of the city.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

Resolution 23-221, “Resolution Authorizing the City Manager to Negotiate and Execute an Assignment/Assumption of Lease with Hayward FBO, LLC (Dba APP Jet Center)”

3. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 9 to the Professional Services Agreement with CSG Consultants, Inc., for Private Development Review Services in the Amount of $312,000 for a Total Not-To-Exceed Amount of $2,412,000 and Extending the Date of the Agreement to June 30, 2024 CONS 23-281 Staff report submitted by Public Works Director Ameri, dated May 23, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-222, “Resolution Authorizing the City Manager to Execute Amendment No. 9 to the Professional Services
Agreement with CSG Consultants, Inc., in an Amount of $312,000 for a Total Not to-Exceed Amount of $2,412,000 for Temporary Development Review Services and Extending the Date of the Agreement to June 30, 2024”

4. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2023 Through 2024 and Accept and Appropriate Between $300,000-$400,000 in Reimbursement for Medi-Cal Administrative Activities Services Provided by the City of Hayward CONS 23-285 Staff report submitted by Acting Chief of Police Matthews, dated May 23, 2023, was filed.

It was moved by Council Member Syrop, seconded by Council Member Goldstein, and carried by the following roll call vote, to adopt the resolution. 4 | M a y 23, 2 02 3
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-223, “Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2023 Through 2024 and to Accept and Appropriate Between $ 300,000 and $400,000 in Reimbursement for Medi-Cal Administrative Activity Services Provided by the City of Hayward”

5. Adopt Resolutions Authorizing the City Manager to Accept and Appropriate $235,100 from Alameda County Health Care Services and $120,000 from the Hayward Unified School District for School-Based Mental Health Care Services for Fiscal Year 2023 Through 2024 and to Negotiate and Execute Agreements with Those Entities for Such Services CONS 23-286
Staff report submitted by Acting Chief of Police Matthews, dated May 23, 2023, was filed.

In response to Council Member Syrop’s inquiry if there were plans to expand mental health services through the Youth and Family Services Bureau (YFSB)increasing it from four schools, YFSB Administrator Young noted that HUSD was able to add some of their own counselors to expand services and YFSB also had interns and was open to new partnerships and opportunities to leverage resources.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-224, “Resolution Authorizing the City Manager to Accept and Appropriate $235,100 from Alameda County Health Care Service for School-Based Mental Health Services for Fiscal Year 2023 Through 2024 and to Negotiate and Execute an
Agreement with the County for Such Services”

CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

Resolution 23-225, “Resolution Authorizing the City Manager to Accept and Appropriate $120,000 from the Hayward Unified School District for School-Based Mental Health Services for Fiscal Year 2023 Through 2024 and to Negotiate and Execute an
Agreement with the District for Such Services”

6. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Bay Area Community Services for the Shallow Rental Subsidy Program Operations to Add $1 Million in American Rescue Plan Act Funds Bringing the Total Notto-Exceed Amount to $1.5 Million CONS 23-289 Staff report submitted by Assistant City Manager Youngblood dated May 24, 2023, was filed.

In response to Council Member Syrop’s request for clarification on where the $1.5 million for the Shallow Rental Subsidy Program was being allocated from, Community Services Manager Lobedan stated it was from ARPA funds for homelessness, identified through the Let’s House Hayward Homelessness Reduction Strategic Plan.

In response to Council Member Syrop’s inquiry as to how many families would be supported through the proposed program, Management Analyst Cole-Bloom responded that the approximate range supported would be twenty-five to seventy-five households.

Council Member Bonilla Jr. was happy to see $1 million added to the Shallow Rent Subsidy Program, underscoring this was one of the priorities he identified during the Strategic Roadmap retreat.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-226, “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Agreement with Bay Area Community Services for the Shallow Rental Subsidy Program Operations to Add $1 Million in American Rescue Plan Act Funds Bringing the Total Not-to-Exceed Amount to $1.5 Million”
6 | M a y 23, 2 02 3

7. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute and Agreement with Bay Area Community Services (BACS) for Fiscal Year 2023-2024 Hayward Navigation Center Operations for an Amount Not-to-Exceed $2,430,730 and Adopt a Resolution Authorizing the City Manager to Amend the City’s Existing Permanent Local Housing Allocation (PLHA) Plan; and to Negotiate and Execute an Agreement with Ruby’s Place, Inc. for the Purchase of Four (4) Mobile Housing Units (“Tiny Homes on Wheels”) in an Amount Not-To-Exceed $333,892 CONS 23-290 Staff report submitted by Assistant City Manager Youngblood dated May 23, 2023, was filed.

Council Member Bonilla Jr. was pleased to see the work done to keep the Hayward Navigation Center running through the support of BACS but also to negotiate and execute the purchase of four tiny homes with Ruby’s Place.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-227, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services (BACS) for Fiscal Year 2023-2024 Hayward Navigation Center Operations for an Amount Not-to-Exceed $2,430,730” Resolution 23-228, “Resolution Authorizing the City Manager to Amend the City’s Existing Permanent Local Housing Allocation (PLHA) Plan; and to Negotiate and Execute an Agreement with Ruby’s Place, Inc. for the Purchase of Four (4) Mobile Housing Units (“Tiny Homes on Wheels”) in an Amount Not-to-Exceed $333,892”

8. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Advanced Mobility Group, Inc. for a Total Not-to-Exceed Amount of $750,000 for On-Call Transportation Consulting Services CONS 23-291 Staff report submitted by Public Works Director Ameri, dated May 23, 2023, was filed.

CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-229, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Advanced Mobility Group, Inc. for a Total Not-to-Exceed Amount of $750,000 for On-Call Transportation Consulting Services”

9. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with St. Francis Electric, Inc., for a Total Not-to-Exceed Amount of $900,000 for On-Call Traffic Signal and Streetlight Maintenance and Emergency Repair Support Services CONS 23-296
Staff report submitted by Public Works Director Ameri, dated May 23, 2023, was filed.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 23-230, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with St. Francis Electric, Inc., for a Total Not-to-Exceed Amount of $900,000 for On-Call Traffic Signal and Streetlight Maintenance and
Emergency Repair Support Services”
8 | M a y 23, 2 02 3

WORK SESSION

10. Strategic Roadmap: Review and Discuss Revisions to the City's Strategic Roadmap WS 23-027
Staff report submitted by City Manager McAdoo dated May 23, 2023, was filed.

City Manager McAdoo announced the item and introduced Assistant to the City Manager Thomas who provided a synopsis of the staff report. It was noted that the final Strategic Roadmap would return to Council for approval on June 6, 2023.

Mayor Salinas opened the public comment period at 8:16 p.m.

Ms. TJ, Hayward Concerned Citizens member, spoke in support of Strategic Roadmap Project H1 (St. Regis Behavioral Health Campus); requested a Council and BACS public hearing/webinar about the aspects of St. Regis’ program, and stated that the Strategic plan should incorporate the community through quarterly pop-up townhall meetings.

Mayor Salinas closed the public comment period at 8:18 p.m.

Discussion ensued among members of the City Council and City staff about: budget allocation towards 360 evaluations and executive coaching for department heads ($92,000); possible prioritization of Project Q8+QC22 (engage owners of vacant building properties to encourage activation, starting in the downtown, and enforce against owners of empty storefronts) the need to revise the ordinance, and consultant engagement; Project H4 (continue to explore safe parking options along with encampment management); the recruitment and hiring of the twelve positions that were key to the implementation of the Strategic Roadmap; Project H9 (continue work on updating the Affordable Housing Ordinance); broadband in the downtown and possible grants to obtain higher speed internet access; Project H1 (support development of St. Regis Behavioral Health Campus to provide health and housing services to people experiencing homelessness and mental health crises) and community meetings about the project; Project C11 (work with HASPA partners to seek grant funding to implement the Shoreline Master Plan and provide an update to Council) and a work session on the Shoreline Master Plan in the fall; and consulting services for broadband scope of work.

Council Member Zermeño liked the first option for the vision statement, indicating that the second one was too short; suggested using a mission and a vision, with the shorter one as a preamble; suggested to add the word green or sustainability to the first option; requested that Council consider reordering Project Q8+QC22 (engage owners of vacant building properties to encourage activation, starting in the downtown, and enforce against owners of empty storefronts) and move it up on the priority list in order to address issues with empty storefronts; and supported the “Education City” lens.

CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

Council Member Bonilla Jr. liked using option one of the vision statement and supported adding reference to Hayward being a green city; supported the “Education City” lens and offered punctuation modifications for questions asked when applying an “Education City” lens to a service or project such as add commas to, “create, support, or expand”, omit “If so” from the second part, and add, “or these educational opportunities” at the end of the third question; offered that if the “Education City” concept moves forward, Council might want to reprioritize Project E10 (collaborate with Hayward’s educational institutions to streamline and amplify partner communications and achievements) as the collaborations will be pivotal to realizing the impacts and benefits of becoming more of an Education City; asked to reconsider prioritizing Project H4 (continue to explore safe parking options along with encampment management) as this was an issue in the community; stated that comments related to Project R5 (prioritize Hayward's involvement in the creation of a public bank) should reflect “in FY24 the staff will begin”; suggested using sign-on bonus and locking staff in for 18 months as an incentive to fill vacancies that were key in the implementation of the Strategic Roadmap; and noted he would be comfortable reconsidering the monument gateway sign removal and replacement project and the $300,000 for consulting services for broadband at mid-year.

Council Member Syrop expressed his support for option one of the vision statement but also favored retaining the longer vision statement and echoed the comment made by Council Member Zermeño; was in alignment with the “Education City” lens and wanted to hear back from staff in a year if the framework was useful or if it could be improved; was in agreement with the gateway sign removal and replacement project but did not feel strongly about using reserve funds and wondered if this could be an opportunity for a local service club or other organizations to contribute their resources and have their name on the project; wondered if some work could be done through the KHCG Task Force on litter collection; wanted to proceed with prioritizing broadband consulting as this was an issue in the downtown business community; noted that prospective funds from the gateway sign and litter collection could be allocated towards projects that were deprioritized such as the safe parking site development project and would be comfortable using funding from reserves for additional staffing for development of a safe parking site or a consultant to help with assessing how to deal with activating vacant buildings; noted there was value for Council to be able to speak about process updates and operational improvements and did not think this should be eliminated; supported quarterly tracking of projects and hoped there could be a process for more frequent updates; noted the Project QC18+QC19 (increase the number of community meeting rooms across the city in collaboration with HUSD and HARD) did not reflect the full scope of what was written for the project, indicating the goal was to have an open campus concept such as opening up Tennyson High School after hours in partnership with HUSD and HARD; shared that Project NC10 (work with AC Transit to beautify bus shelters and improve ridership experience) was also about constructing more bus seats to improve ridership; and noted that the intent of Project EC2 (provide an informational report on the Cabaret Ordinance and Conditional Use Permits and develop recommendations to update them) was surfacing ordinances that Economic Development found were outdated. 10 | M a y 23, 2 02 3
Council Member Roche agreed to retain the longer version of the vision statement as it captured a full description of the vision and supported the first option of the vision statement, and adding to it the first paragraph of the environmental section from longer version of the vision statement; was comfortable with the “Education City” lens and appreciated the inclusion of wording regarding community and business partners to demonstrate the goal of working with educational institutions and community partners; concurred with comments made by Council Member Syrop regarding Project QC18+QC19; favored allocating funds towards the gateway sign removal and replacement as it did not represent Hayward and was amenable with this being torn down in the meantime; supported allocating funds towards litter services; and was comfortable waiting for the update to the ordinance related to vacant properties.

Council Member Andrews supported a longer version of the vision statement; appreciated language about staff having what they need to thrive in their work in both options of the vision statement; supported the “Education City” lens but was concerned about deliverables; supported a ticketing system for tracking Council/constituent requests; noted she would be amenable to revisiting consulting services for 360 evaluation for cost reasons; supported the replacement of monument gateway sign on Jackson and Silva as this had been highlighted by the KHCG Task Force as an issue; noted that $300,000 was a large sum for broadband consulting services to analyze existing conditions and supported a consultant evaluating the broadband in downtown versus the Industrial sector for a minimum scope of what the consultant could do with the suggestion that Economic Development could issue grants with some of the upfront installation costs; favored allocating funds towards a contract for expansion of litter collection services and stated that organizations such as the Downtown Streets Team created reentry program that help provide gift cards to get meals and basic needs; wished to prioritize Project Q1 (continue to implement and measure the HEART Pilot Program) noting she will continue to advocate for 24-hour service; favored prioritizing Project Q8+QC22 and suggested that public art could be incorporated into empty storefronts; received clarification about Project Q15 (design and install Heritage Plaza Art pieces to honor indigenous and Russell City heritage) and Project Q22 (work with the survivors and descendants of Russell City to determine appropriate restitution) received a lower score because they were already underway; supported prioritizing Project HC10 (work with BART to encourage Transit Oriented Development at the two Hayward stations); highlighted that the number of pipes for water and sewer had been reduced to allow for a better success rate with improving infrastructure and hoped the level of replacement would be maintained; and shared that there were Council Members interested in evaluating the downtown loop and encouraged having a realistic approach, noting there were community concerns.

Council Member Goldstein liked option one of the vision statement including the additional sentence on environment as suggested by Council Members Zermeño and Roche; stated that the longer vision statement was valuable but was too lengthy; agreed that the “Educational City” lens was a great start and supported edits offered by Council Member Bonilla Jr; supported allocations towards the replacement of the gateway sign on Jackson and Silva and consulting services for broadband analysis as these were both resident and business impacting and would enhance the business community and thereby have a direct benefit to

CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

DISTRICT (GHAD) BOARD AND CITY COUNCIL
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/86700462012?pwd=WUIwalQrVG1icUtpMUliVUtYeW5oUT09 Tuesday, May 23, 2023, 7:00 p.m.
the whole community impacting sales tax and property tax revenues; suggested that Economic Development could reach out to businesses that were complaining about broadband and offer temporary solution while the City continues to update the Fiber Master Plan; and supported allocation to expand litter collection services such as the Downtown Streets Team noting a solution was supporting BACS to open St. Regis as soon as possible and expand the HEART program.

Mayor Salinas supported option one of the vision statement for publication purposes and agreed that language in the lengthier vision statement version constructs the future of the City and should remain on the forefront; offered the following language changes for two questions asked when applying an “Education City” lens to a service or project as follows: “How will this service, project, or policy support or expand educational and/or economic opportunities for people in Hayward? How are we collaborating with partners to facilitate and develop education and employment pathways accessible to all Hayward youth and residents?” and “How are we communicating education and economic opportunities in and around Hayward to Hayward families? What barriers do we need to remove for people to access this information?” and adding “How will we know this service, project or policy is improving educational and/or economic opportunities for Hayward youth and residents?”; shared that over the last three weeks there had been significant partnerships that had come to fruition such as the Firehouse Station No. 6, the Covenant House and Eikon Therapeutics; appreciated being mindful of potential midyear budget requests as priorities might need to be adjusted based on neighborhood survey results; highlighted the downtown focus being on cleanliness; agreed to allocate funds towards the gateway sign removal and replacement; stated that an allocation of $300,000 for consultant services around broadband and updating the Fiber Master Plan did not seem needed and expressed the greater priority was to get downtown connected to ensure that businesses are fully functional with high quality broadband through partnerships with entities such as Comcast or grants to businesses through Economic Development.

Council Member Andrews wanted to highlight events as a priority for next year to ensure the understanding of events, coordination, staffing, interaction with groups, and confirming budgets to mitigate any confusion among community groups.

Council Member Syrop was pleased with the inclusion of exploring public art staff as a priority, and wondered if the scope could include public art and events; and clarified he did not agree with spending $300,000 for a consultant to update the Fiber Master Plan, underscoring that his interest was in allocating funds towards getting downtown businesses connected.

Assistant to the City Manager Thomas summarized that the Council was supportive of option one for the vision statement with the addition of green/sustainable language; that both would be included in the budget document for formal record and indicated that for external communication the shorter vision statement would be used; noted the “Education City” lens 12 | M a y 23, 2 02 3
edits proposed by Council Member Bonilla Jr. and Mayor Salinas would be included; noted staff would provide an update on projects related to enforcement of vacant properties and safe parking; and mentioned that there was Council consensus to add high priority projects to the FY 2024 General Fund Budget with the exception of broadband consulting services, noting that staff could prepare a report with options to consider.

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews thanked the Hayward Police Department (HPD) for a successful catalytic converter event which was a proactive effort in addressing catalytic converter thefts.

Mayor Salinas appreciated HPD staff for making the process easy for residents.

Council Member Goldstein shared that he participated in HPD’s motorcycle ride safety class on May 20, 2023.

COUNCIL REFERRALS

11. City Council Referral: Use of Council Member Funds for Reimbursement Related to Juneteenth Hayward Coordination RPT 21-056
Staff report submitted by Council Member Andrews and Roche dated May 23, 2023, was filed.

Council Member Andrews noted the referral requested that the Council consider allocating funds from her office budget for reimbursement of expenses related to the Juneteenth Hayward event including but not limited to operations, entertainment, and marketing; noted the event would be held on June 15, 2023; and thanked Council Member Roche for signing onto the referral.

Council Member Roche thanked Council Member Andrews for her leadership and shared it was an important and joyful event that should be supported as an annual event in Hayward.

Council Member Syrop expressed his appreciation for making Juneteenth a cause for celebration and hub for culture, and received clarification from City Manager McAdoo about the expense process which would require pre-authorization via the referral process per the Council Member Handbook.

Council Member Bonilla Jr. thanked Council Member Andrews for her leadership at the event and expressed that he would be interested in using a portion of his Council budget for next year’s event.

Council Member Zermeño joined his colleagues in congratulating Council Member Andrews and shared that he had purchased a booth at the event for HASPA as he was the City’s representative,

CONCURRENT MEETING OF HAYWARD GEOLOGIC HAZARD ABATEMENT

There being no public comment, Mayor Salinas opened and closed the public comment period at 9:30 p.m.

Mayor Salinas thanked Council Member Andrews for bringing this event to Hayward.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried by the following roll call vote, to adopt allocating funds from Council Member Andrew’s office budget for reimbursement of expenses related to the Juneteenth Hayward event.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Council Member Andrews noted that the Blues Festival would be held in the City Hall Plaza on June 17, 2023.

ADJOURNMENT
MayorSalinas adjourned the City Council meeting at 9:31 p.m.

APPROVED
__________________________________________________________ Mark Salinas
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 23-313
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Rescinding Implementation of Level 2 of the City of Hayward’s Water Shortage Contingency Plan

RECOMMENDATION
That the Council adopts a resolution (Attachment II) rescinding Resolution 22-177 implementing Level 2 of the City of Hayward’s Water Shortage Contingency Plan (WSCP).

SUMMARY
On June 28, 2022, Council adopted Resolution 22-177 implementing WSCP Level 2 measures in response to an Emergency Regulation issued by the State Water Resources Control Board (SWRCB). This action was taken after a significantly dry winter. The hydrologic outlook and water supply conditions have vastly improved due to very wet conditions this past winter. As a result, the SWRCB is expected to rescind the requirement for Level 2 measures in June 2023. Similarly, the City’s water supplier, the San Francisco Public Utilities Commission (SFPUC) has rescinded its declaration of a drought emergency and acted to end its implementation of Level 2 measures. Staff has reviewed water supply updates from the SFPUC and recommends that Council adopts a resolution rescinding WSCP Level 2 measures, when the SWRCB takes the expected actions.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
powered by Legistar™

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DATE: June 6, 3023
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Rescinding Implementation of Level 2 of the City of Hayward’s Water Shortage Contingency Plan

RECOMMENDATION
That the Council adopts a resolution (Attachment II) rescinding Resolution 22-177 implementing Level 2 of the City of Hayward’s Water Shortage Contingency Plan (WSCP).

Staff has reviewed water supply updates from the SFPUC and recommends that Council adopts a resolution rescinding WSCP Level 2 measures, when the SWRCB takes the expected actions.

BACKGROUND
Hayward receives its potable water supply from the SFPUC’s Regional Water System, which is largely supplied by Sierra snowmelt that drains into the Hetch Hetchy Reservoir. In addition to Hayward, the SFPUC supplies water to twenty-five other Bay Area water agencies and the City of San Francisco. Last year, after a significantly dry winter, the SFPUC adopted a system-wide 11% water use reduction requirement in order to conserve supplies.

In addition to the SFPUC’s action, the SWRCB issued an Emergency Regulation in May 2022 in response to Governor Newsom’s Executive Order (EO) N-7-22, which, among other provisions, required urban water suppliers to implement WSCP Level 2 (for supply shortages of 11% to 20%). The WSCP is a planning document designed to prepare for and respond to water shortages.

Hayward’s WSCP, adopted by Council on July 20, 2021, defines six standard water shortage levels and response actions that are to be implemented at each level. A Level 2 shortage triggers measures including:
 Increased public information and outreach

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 Prohibition of all non-essential commercial and industrial water use, including irrigation of non-functional turf
 Limiting turf irrigation to three days per week
 Repair of leaks and faulty irrigation equipment within 4 days On June 28, 20221, Council adopted Resolution 22-177 to comply with the Emergency Regulation requiring implementation of Level 2 measures in the WSCP. Staff implemented the required measures primarily through enhanced public outreach and follow up on water waste complaints received from concerned residents.

DISCUSSION
Winter storms this year have significantly improved local hydrologic conditions and availability of water supplies in the SFPUC’s Regional Water System. As of April 1, snowpacks ranged from 250% to 270% of median, and the system is expected to be completely filled by July 1 and remain full through the year. Similar conditions exist throughout a large portion of the State.

In response to these improved supply conditions, Governor Newsom issued an Executive Order on March 24, 2023 rescinding relevant portions of EO N-7-22, requiring implementation of Level 2 measures. The SWRCB is expected to terminate or modify the Emergency Regulation to remove the Level 2 requirement in June 2023. Additionally, on April 11, the SFPUC took action to rescind its declaration of a drought emergency and end the 11% reduction requirement if and when the SWRCB acts. Staff has reviewed water supply updates from the SFPUC, as well as available information from the State entities, and recommends Hayward likewise rescind implementation of WSCP Level 2 measures at such time as the SWRCB acts on this issue.

While last winter saw exceptionally dry conditions, the region is actually coming to the end of a three-year drought. The Hayward community again responded to the call for reduced consumption, even though its per-capita usage continues to be among the lowest when compared to other agencies that purchase SFPUC water. Hayward’s total water deliveries in Calendar Year 2022 were lower by more than 5% as compared to 2020, which was the last normal water year.

Deliveries during the summer months, when water use is at its peak, were lower by more than 6%.

Taking the recommended action will not bring an end to Hayward’s water conservation efforts.

The City’s Water Waste Prohibition Ordinance and WSCP Level 1 measures will remain in effect.

These actions encourage ongoing efficient use of water and include practical measures such as using hoses with automatic shut-off devices, timely repair of leaks, use of pool covers, and encouraging full loads of dishes and laundry. Hayward’s commitment to water use efficiency and conservation will continue, with a wide range of incentives and ongoing public outreach and education.

ECONOMIC AND FISCAL IMPACT

1 CITY OF HAYWARD - File #: CONS 22-389 (legistar.com)

Page 3 of 3 ends

Approval of the proposed rescinding of WSCP Level 2 actions will not have an impact on customer water rates or a fiscal impact on the Water or Wastewater Operating Funds or the City’s General Fund.

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

SUSTAINABILITY FEATURES
Hayward customers have long supported water conservation and efficient use of this critical natural resource, regardless of water supply conditions in a given year, as evidenced by Hayward’s overall low per-capita usage. While there may be some rebounding of water use to pre-drought levels, rescinding the Level 2 measures is not expected to result in a significant increase.

PUBLIC CONTACT
This item does not require public contact.

NEXT STEPS
If Council approves this item, at such time as the SWRCB acts to remove the requirement for Level 2 measures, staff will notify the community through the City’s website and other communication methods that the measures are no longer in effect, and remind customers of the importance of ongoing water conservation and efficiency.

Prepared by: Cheryl Muñoz, Water Resources Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 2 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 23-_____
Introduced by Council Member ________________________________ RESOLUTION RESCINDING RESOLUTION 22-117 IMPLEMENTING
LEVEL 2 OF THE CITY OF HAYWARD WATER SHORTAGE

CONTINGENCY PLAN
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order No. N-7-22 directing the State Water Resources Control Board to consider adoption of an emergency regulation to increased water conservation; and
WHEREAS, on May 24, 2022, the State Water Resources Control Board adopted an emergency regulation, requiring among other provisions, that urban water suppliers implement Level 2 of their Water Shortage Contingency Plans, which is designed for water shortages of 11 percent to 20 percent; and
WHEREAS, Hayward’s wholesale water supplier, the San Francisco Public Utilities Commission, declared a drought emergency and requested a voluntary system-wide decrease in water usage of 11 percent, based on FY 2019-20 demand; and WHEREAS, Hayward is an urban water supplier under the California Water Code Section 10617; and
WHEREAS, on July 20, 2021, the Hayward City Council adopted the 2020 Urban Water Management Plan, which includes a Water Shortage Contingency Plan, adopted separately by Resolution 21-167; and
WHEREAS, on June 28, 2022, the Hayward City Council adopted Resolution 22-177 implementing Level 2 of the City’s Water Shortage Contingency Plan; and WHEREAS, Statewide water supplies have been significantly replenished due to exceptionally strong winter storm events; and
WHEREAS, on March 24, 2023, Governor Newsom issued Executive Order N-5-23, which terminated numerous provisions in the Governor’s drought-related Emergency Proclamations and Executive Orders; and
WHEREAS, the State Water Resources Control Board is expected to take action to rescind the requirement for urban water suppliers to implement Level 2 of their Water Shortage Contingency Plans; and

ATTACHMENT II

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WHEREAS, on April 11, 2023, the San Francisco Public Utilities Commission rescinded its declaration of a drought emergency and acted to end its Water Shortage Contingency Plan Level 2 implementation at such time as the State Water Resources Control Board takes the appropriate action; and
WHEREAS, the City of Hayward has reviewed water supply updates and information from the San Francisco Public Utilities Commission and has determined that sufficient water supplies are available.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby rescinds Resolution 22-177, effective upon the State Water Resources Control Board terminating or allowing to expire the Emergency Regulation (Cal. Code Regs. tit. 23, § 996(c)) that requires the City of Hayward to implement all actions identified in the Water Shortage Contingency Plan for a Level 2 shortage.

IN COUNCIL, HAYWARD, CALIFORNIA ____________________, 2023 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 23-319
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Acting Development Services Director & Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to renew the Joint Exercise of Powers Agreement (JPA) extending the Hayward Area Shoreline Planning Agency (HASPA) for a one-year term.

SUMMARY
HASPA is currently working on expanding the JPA membership and drafting a new JPA to support the implementation of the Hayward Regional Shoreline Adaptation Master Plan. Currently, there is consensus between the parties on the majority of the provisions of the draft JPA; however, a few key issues remain that require additional time for resolution. For this reason, staff recommends that Council extend the current JPA for one-year, to June 30, 2024, to allow adequate time to finalize the new agreement and allow the prospective new agencies to join. On May 11, 2023, the HASPA Board of Trustees unanimously voted to recommend an extension of the JPA for one year. If approved, this extension would allow staff to continue working on expanding JPA membership and implementing the Shoreline Adaptation Master Plan.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Acting Development Services Director
Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency

SUMMARY
HASPA is currently working on expanding the JPA membership and drafting a new JPA to support the implementation of the Hayward Regional Shoreline Adaptation Master Plan.

Currently, there is consensus between the parties on the majority of the provisions of the draft JPA; however, a few key issues remain that require additional time for resolution. For this reason, staff recommends that Council extend the current JPA for one-year, to June 30, 2024, to allow adequate time to finalize the new agreement and allow the prospective new agencies to join. On May 11, 2023, the HASPA Board of Trustees unanimously voted to recommend an extension of the JPA for one year. If approved, this extension would allow staff to continue working on expanding JPA membership and implementing the Shoreline Adaptation Master Plan.

BACKGROUND
HASPA was established in 1970 as a JPA between the City of Hayward, the East Bay Regional Park District (EBRPD), and the Hayward Area Recreation and Park District (HARD). The HASPA Board of Trustees is composed of three members – one from each participating agency. The current Board consists of Hayward Councilmember Francisco Zermeño, HARD Board member Paul Hodges, and EBRPD Board member Dennis Waespi. EBRPD Board member Dennis Waespi serves as the Chair of the Board of Trustees.

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The JPA has historically been renewed every five years and the responsibility for administrative duties rotates among the member agencies with each renewal. The most recent renewal, effective on July 1, 20221, extended the JPA one (1) year to allow staff to work on expanding JPA membership and a new JPA agreement. The current JPA executed by the City, HARD, and EBRPD is scheduled to expire on June 30, 2023.

DISCUSSION
HASPA is working to expand the JPA membership to support the implementation of the Hayward Regional Shoreline Adaptation Master Plan, adopted by Council on February 16, 20212. The projects identified in the Plan require collaboration among several property owners and stakeholders to be successful. On July 8, 20213, the HASPA Board of Trustees authorized staff to request prospective agencies formally join the HASPA JPA. Following that action, staff-initiated agency engagement by sending invitation letters and presenting to prospective member agencies. As a result of those efforts, the Alameda County Mosquito Abatement District (ACMAD) and Oro Loma Sanitary District (OLSD) expressed interest in participating in HASPA. In addition, staff from the East Bay Dischargers Authority and Caltrans began participating on the HASPA Technical Advisory Committee.

A new JPA is needed to allow the prospective member agencies to formally join HASPA. To inform the new agreement, staff coordinated with the prospective member agencies to develop a Term Sheet. On September 1, 20224, the HASPA Board of Trustees unanimously adopted the Term Sheet for the new JPA. Following that, HASPA hired the law firm Hanson Bridgett to draft the new agreement. In early 2023, the draft agreement was reviewed by staff, legal counsels, and the HASPA Trustees. Currently, there is consensus between the parties on the majority of the provisions of the draft JPA; however, a few key issues remain including the development of tiered member agency dues and the management of HASPA. Staff, various legal counsel, and the HASPA Trustees need more time to come to final agreement with the parties in order to bring back a draft JPA which the HASPA Board can consider.

For this reason, the HASPA Board of Trustees unanimously voted on May 11, 20235 to recommend the extension of the JPA for one year. Staff is requesting Council adopt the attached resolution (Attachment II) renewing the current HASPA JPA for one year to allow staff additional time to coordinate and finalize the new JPA prior to presenting to Council for formal action in 2024.

Responsibility for coordination of HASPA meetings and activities rotates among the three member agencies every five years. The City served in this capacity from 2016 to 2021. In keeping with the traditional rotation of official duties and administrative responsibilities

1 2022-23 JPA Renewal: https://hayward.legistar.com/LegislationDetail.aspx?ID=5652060&GUID=5DD2A51D-4E97-4401-803C022FEA56F846&Options=&Search= 2 Shoreline Adaptation Master Plan Adoption: https://hayward.legistar.com/MeetingDetail.aspx?ID=835981&GUID=0619BAF1-82A0-4F83- 8949-046B1F36BF60&Options=info|&Search=Shoreline
3 Authorization to Expand HASPA Membership: https://hayward.legistar.com/MeetingDetail.aspx?ID=874188&GUID=4DD7DC9E-DB0E-40CEB0DB-AC6144BF9D82&Options=info|&Search= 4 Term Sheet Adoption: https://www.ebparks.org/calendar/public-meetings/interagency-liaison 5 2023-24 JPA Extension Recommendation: https://www.ebparks.org/calendar/public-meetings/interagency-liaison

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among member agencies, EBRPD would continue to be the lead agency for HASPA through June 30, 2024.

Environmental Review
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, this one-year extension of the JPA does not require environmental review since there is no possibility that it may have a significant effect on the environment.

ECONOMIC IMPACT
Hayward is a desirable place to live and enjoy in large part because of the existence of the Hayward Shoreline. The activities of HASPA will continue to help ensure that the Shoreline remains accessible. The Shoreline is a regional asset that has a positive impact on the local economy by attracting hikers, bird watchers, runners, cyclists, and other community members.

FISCAL IMPACT
Renewal of the HASPA JPA would not have an impact on the City’s funds. If approved, the oneyear extension would allow the City to support coordination, implementation, and pursue grant funding associated with the Shoreline Adaptation Master Plan. Expansion of the JPA could lead to conversations about a new funding structure for HASPA. Any request for City funds, either for the administration of HASPA or the implementation of projects, will be carefully considered before being presented for consideration to Council.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of “Confront Climate Crisis & Champion Environmental Justice”. This item furthers and expands on the following project identified in the Strategic Roadmap.

Project C14b: Implement Shoreline Adaptation Master Plan Renewal and expansion of the HASPA JPA would support the implementation of the adopted Master Plan.

SUSTAINABILITY FEATURES
HASPA builds resiliency to sea level rise through its coordination and planning efforts.

Additionally, HASPA supports the following sustainability related General Plan goals:
 NR-1.4: The City shall coordinate with the HASPA, Bay Conservation and Development Commission, and California Coastal Commission to conserve, protect, and enhance natural and cultural resources along the San Francisco Bay shoreline by balancing uses that support multiple community needs, such as recreation, tourism, cultural resource preservation, and natural resource protection.

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 NR-3.2: The City shall coordinate with HASPA, EBRPD, Bay Conservation and Development Commission, California Coastal Commission, and other Federal, State, and regional agencies to identify methods for acquiring and restoring baylands and marsh habitats, expanding the National Wildlife Refuge, and funding the purchase and restoration of wetland habitats.
 HAZ-4.1: The City shall monitor information from regional, State, and Federal agencies on rising sea levels in the San Francisco Bay to determine if additional adaptation strategies should be implemented to address flooding hazards.  HAZ-4.3: The City shall coordinate with the Hayward Area Shoreline Planning Agency, the Bay Conservation Development Commission, and other agencies involved in the Adapting to Rising Tides Project to develop and implement a Regional Shore Realignment Master Plan.
 HQL-9.9: The City shall support plans, standards, regulation, incentives, and investments to reduce the impacts of climate change on those populations most vulnerable to the impacts of climate change.
 HQL-11.1: City shall establish and maintain an integrated recreational corridor system that connects regional trails (e.g., Bay Trail), Baylands (i.e., Hayward Regional Shoreline), local creeks and open space corridors, hillside areas, and EBRPD and HARD parks.

PUBLIC CONTACT
The one-year extension of the HASPA JPA was discussed and unanimously approved at the regular HASPA meeting on May 11, 2023. There were no public comments on this item.

NEXT STEPS
The HARD and EBRPD Boards will consider approval of the one-year extension this month. If the attached resolution is adopted by Council and approved by all three agencies, staff will ensure the one-year extension to the JPA is fully executed before June 30, 2023.

Prepared by: Taylor Richard, Associate Planner
Erik Pearson, Environmental Services Manager
Recommended by: Sara Buizer, Acting Director of Development Services Alex Ameri, Director of Public Works

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Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO.

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR

EXTENSION FOR RENEWAL OF THE HAYWARD AREA SHORELINE PLANNING

AGENCY JOINT EXERCISE OF POWERS AGREEMENT
WHEREAS, the Hayward Area Shoreline Planning Agency (HASPA) is a joint power authority (JPA) established in 1970 and includes the City of Hayward, the Hayward Area Recreation and Parks District (HARD), and the East Bay Regional Parks District (EBRPD); and
WHEREAS, on February 16, 2021, the City of Hayward adopted the Hayward Area Shoreline Adaptation Master Plan and has begun the implementation of the Plan; and WHEREAS, on July 8, 2021, the Board of Trustees for HASPA authorized staff to begin work on expanding the JPA membership to support the implementation of the Hayward Area Shoreline Adaptation Master Plan; and
WHEREAS, on May 17, 2022, the City of Hayward adopted a resolution to execute a one year extension of the HASPA JPA agreement to allow time for prospective member agencies to join HASPA; and
WHEREAS, the current HASPA JPA Agreement is set to expire on June, 30, 2023; and WHEREAS, HASPA staff is currently coordinating with prospective member agencies to draft a new HASPA JPA Agreement and need additional time to complete this process; and WHEREAS, on May 11, 2023, the Board of Trustees for HASPA unanimously voted to recommend that the Hayward City Council, the HARD Board of Directors and EBRPD Board of Directors extend the current HASPA JPA Agreement for one-year.

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 that certain agreement between the City of Hayward, the East Bay Regional Park District, and the Hayward Area Recreation and Park District extending the Hayward Area Shoreline Planning Agency Joint Exercise of Powers Agreement to June 30, 2024, in substantial conformity to the form on file in the office of the City Clerk, with such changes or additions as the City Manager shall approve upon consultation with the City Attorney.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA , 2023
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 23-344
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Contract Amendment With JP Morgan Chase, N.A. for Banking and Cash Management Services for an Additional Three-Year Term

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the agreement with JP Morgan Chase, N.A. for banking and cash management services for an additional term of three years.

SUMMARY
In January 2018, Council authorized an agreement with JP Morgan Chase, N.A. for banking and cash management services. That agreement included a five-year term with an additional option to continue banking and cash management services for an additional three years. Due to an administrative oversight, the resolution did not give explicit authority to exercise the additional three years beyond the original contract. This contract amendment will cover the three-year extension option for banking and cash management services.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Finance
SUBJECT Adopt a Resolution Authorizing the City Manager to Execute a Contract Amendment With JP Morgan Chase, N.A. for Banking and Cash Management Services for an Additional Three-Year Term

BACKGROUND AND DISCUSSION
In January 2017, the City issued aa RFP for banking and cash management services for a term of five years, with an option to amend the contract for an additional three-year term. The City received responses from five financial institutions; each institution was considered qualified based on their responses. In January 2018, JP Morgan Chase, N.A. was selected to provide banking and cash management services. The original contract with JP Morgan Chase, N.A. included a five-year term for services provided with an option to amend the agreement for an additional three years. Due to an administrative oversight, the resolution did not give explicit authority to exercise the additional options to extend the contract by three years beyond the original contract.

The City has been satisfied with the services provided by JP Morgan Chase, N.A. under the original contract, and staff is seeking to continue to receive Council authority for an additional three years for banking and cash management services.

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STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to a specific Strategic Roadmap project.

ECONOMIC IMPACT
There is no economic impact associated with this action.

FISCAL IMPACT
There is sufficient funding to cover the amendment with JP Morgan Chase, N.A. for an additional three years. The cost for banking and cash management services is estimated at $350,000 annually and determined based on historical banking service activity levels and reduced by interest earnings on bank account balances. The cost for banking and cash management services is included in the Finance Department’s annual operating budget.

NEXT STEPS
If Council approves the amendment, staff will prepare the contract amendment for execution.

Prepared & Recommended by: Nicole Gonzales, Director of Finance Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 1 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HAYWARD AND JP MORGAN CHASE, N.A. FOR BANKING AND

CASH MANAGEMENT SERVICES FOR AN ADDITIONAL THREE YEARS
WHEREAS, in January 2018, the City Council authorized the City Manager to enter into an agreement with JP Morgan Chase, N.A for banking and cash management services pursuant; and
WHEREAS, due to an administrative oversight, the original resolution did not provide authority to exercise an option to extend the agreement for an additional three-year term; and
WHEREAS, the City recommends amending the agreement with JP Morgan Chase, N.A for an additional three years.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to negotiate and execute an agreement amendment with JP Morgan Chase, N.A. for banking and cash management services, in a form approved by the City Attorney, for an additional three-year term through January 1, 2026.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 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 23-322
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution: (1) Authorizing the Reallocation of $2 Million in American Rescue Plan Act of 2021 (ARPA) Funds for a Down Payment Assistance (DPA) Program; and (2) Authorizing the City Manager to Execute Loan Documents and Administer the Loans Including Subordinating, Extending, or Modifying Repayment Terms to Provide Down Payment Assistance Loans in an Amount Not-to-Exceed $300,000 per Loan

RECOMMENDATION
That the City Council adopts a resolution: (1) Authorizing the reallocation of $2 million in American Rescue Plan Act of 2021 (ARPA) funds for a down payment assistance program; and (2) Authorizing the City Manager to execute loan documents and administer the loans including subordinating, extending or modifying repayment terms to provide down payment assistance loans in an amount not-to-exceed $300,000 per loan.

SUMMARY
On April 25, 2023, the Council directed staff to reallocate $2 million of remaining housing American Rescue Plan Act of 2021 (ARPA) funds to provide downpayment assistance. The purpose of this report is to request authorization to provide down payment assistance loans to low-income, first-time homebuyers. Preference will be given to applicants that either live or work in the City of Hayward. The proposed down payment assistance program would provide shared appreciation loans (requiring no monthly payments) up to $300,000 per loan. If an investor can be identified for the social impact bonds program, which would use bond proceeds to acquire and rehabilitate tax defaulted, vacant or blighted properties and turn them into affordable housing opportunities, the down payment assistance may be paired with this program.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Page 1 of 2 Printed on 6/2/2023
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File #: CONS 23-322
CITY OF HAYWARD Page 2 of 2 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution: (1) Authorizing the Reallocation of $2 Million in American Rescue Plan Act of 2021 (ARPA) Funds for a Down Payment Assistance (DPA) Program; and (2) Authorizing the City Manager to Execute Loan Documents and Administer the Loans Including Subordinating, Extending, or Modifying Repayment Terms to Provide Down Payment Assistance Loans in an Amount Not-to-Exceed $300,000 per Loan

Page 2 of 5 ends

BACKGROUND
On April 27, 2021, the City Council adopted a resolution authorizing the acceptance of $38 million in federal stimulus allocation under ARPA.1 On July 13, 2021, City Council approved the Hayward Federal Stimulus Expenditure Plan which included $4.25 million for housing programs.2 All funds awarded through ARPA must be obligated no later than December 31, 2024. Of the ARPA funded programs approved by City Council, staff have implemented the foreclosure prevention, emergency relocation assistance and legal assistance for tenants programs.

On March 2, 2023 and April 25, 2023, staff brought work session items to the HomelessnessHousing Task Force (HHTF) and City Council respectively with a recommendation for reallocating the remaining housing ARPA funding. 3͵4 Members of both HHTF and City Council expressed support and direction to reallocate $2 million of the remaining housing ARPA funds to establish a downpayment assistance program and revolving loan fund to assist both current and future low-income homebuyers.

DISCUSSION
The ARPA funds are intended to be used to help the community recover from the impacts of COVID-19. Analysis shows that communities of color disproportionately experienced negative financial and physical impacts fromthe pandemic. The focus of the City ARPA housing programs included helping people retain or build wealth and piloting a program to create housing opportunities from properties typically acquired by investors.

On April 25, 2023, City Council held a work session to discuss potential uses of the remaining $2 million housing ARPA funds and directed staff to use the remaining ARPA funds for a down payment assistance program and to pair it with a social impact bonds (SIB) program if an investor can be identified. The SIB program would use bond proceeds to convert distressed, vacant, and blighted properties to affordable homeownership opportunities for low- and moderate-income households. Staff are working with non-profit partners to identify an investor for the SIB program and intend to return to Council to seek authorization for the SIB program in mid-August. The purpose of this report is to seek authorization for the down

1 April 27, 2021, City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4923169&GUID=F3B939CF-3D97-4F0A-A5AE8F3A12255314 2 July 13, 2021, City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028015&GUID=E0215022-6A47-486F-81C4- 9BFB2583AE10
3 March 2, 2023, Homelessness-Housing Task Force Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6043172&GUID=829241C4-A440-48BA-BED7- CDDAE2CA39DC
4 April 25, 2023, City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6179356&GUID=789DB89F-7A43-4CCF-B171- 26767CDB104F

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payment assistance program to ensure the City can meet the deadline to obligate ARPA funds in the event an investor is not identified for the SIB program.

Down Payment Assistance Program
Down payment assistance is one tool to address barriers to homeownership and to help mitigate the racial wealth divide. The proposed down payment assistance program would provide a shared appreciation, down payment assistance loan in an amount not to exceed $300,000. To be eligible, borrowers must be low-income, first-time homebuyers, and preference will be given to applicants that either live or work in the City of Hayward. These criteria are further explained below.

Maximum Loan Amount.Staff estimates that based on low-income limits and current interest rates, a low-income buyer may require up to $300,000 to purchase a home at or below the current median sales prices ($635,000 for a condo, $837,500 for a detached single family home).
5͵6
Shared Appreciation Loan. The shared appreciation model helps extend purchase capacity and provides the most stability in changing housing markets. At the end of the loan term or if the borrower sells, rents, or transfers the home, the borrower would pay the City the principal amount plus a share of appreciation. The City’s share of appreciation is based on the City’s proportional contribution to the purchase transaction.

First Time Homebuyer. Includes borrower(s) who have not had any ownership interest in a residential unit for the last three years. Some exceptions may apply consistent with California Department of Housing and Community Development’s definition of first-time homebuyer.

Low-Income. Income eligibility is relative to household size. Table 1 provides the incomes for households at low-income levels.

Table 1. 2023 U.S. Department of Housing and Urban Development (HUD) Income Limits Household Size 1 2 3 4 5
Low Income
80% AMI 78,550 89,750 100,950 112,150 121,150
Use of Loan Proceeds. To ensure that the remaining $2 million of housing ARPA funds assist future households, staff recommends establishing the program as a revolving loan fund where any loan proceeds could be provided as downpayment assistance to future eligible households.

As presented to City Council on April 25, 2023, staff intends to pair the down payment assistance program with a SIB program but if an investor is not identified and the SIB program

5 BAYEAST Association of Realtors Market Activity Summary Hayward – Attached Single-Family Home:
https://bayeast.org/wp-content/uploads/hayward_attached.pdf 6 BAYEAST Association of Realtors Market Activity Summary Hayward – Detached Single-Family Home:
https://bayeast.org/wp-content/uploads/hayward_detached.pdf

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is not implemented, staff will implement the down payment assistance program to be used with properties sold on the open market in order to meet the deadline to obligate ARPA funds.

Conclusion
Homeownership has long been recognized as a primary pathway to wealth creation and a down payment assistance program can help historically disadvantaged groups such as low-income households, minorities, and first-time homebuyers, build equity and narrow the wealth gap.

This can have long-term positive effects on generational wealth and economic mobility in line with the intent of the originally proposed ARPA housing programs. Staff recommends reallocating $2 million in ARPA funds to establish a revolving loan fund for a down payment assistance program.

ECONOMIC IMPACT
There is no immediate economic impact with the consideration of this report.

FISCAL IMPACT
This item has no impact on the City’s General Fund. The down payment assistance program would be funded by the reallocation of a portion of unspent ARPA funds designated for housing programs.

STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing. The purpose of the Preserve, Protect & Produce Housing Initiative is to house and support people experiencing homelessness, incentivize housing production for all and protect the affordability of existing housing. This item replaces the following goals and objectives:

Objective H11g: Wealth Building/Universal Income Program

PUBLIC CONTACT
Staff received a public comment in support of the down payment assistance programs at the April 25, 2023 City Council meeting.

NEXT STEPS
Staff will continue to work with the City’s non-profit partners to find an investor for the SIB program. If an investor is available, staff will return to City Council in mid-August for authorization. Even if an investor cannot be found for the SIB program, staff anticipates the implementation of the down payment assistance program in the third quarter of 2024 if the down payment assistance program is approved by Council.

Prepared by: Doris Tang, Management Analyst

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Recommended by: Christina Morales, Housing Manager
Dustin Claussen, Assistant City Manager
Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 2 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 23-______
Introduced by Council Member_______________
RESOLUTION AUTHORIZING (1) THE REALLOCATION OF $2 MILLION IN AMERICAN RESCUE PLAN ACT OF 2021 (ARPA) FUNDS FOR A DOWN PAYMENT ASSISTANCE (DPA) PROGRAM; AND (2) THE CITY MANAGER TO

EXECUTE LOAN DOCUMENTS AND ADMINISTER THE LOANS INCLUDING

SUBORDINATE, EXTEND OR MODIFY REPAYMENT TERMS TO PROVIDE

DOWN PAYMENT ASSISTANCE LOANS IN AN AMOUNT NOT-TO-EXCEED $300,000 PER LOAN
WHEREAS, on March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARPA), also known as the COVID-19 Stimulus Package, which included over $65 billion in direct federal relief to cities; and
WHEREAS, on July 13, 2021, the City Council adopted Resolution No. 21-139 approving the City of Hayward Federal Stimulus Expenditure Plan for $38 million in stimulus funding and authorizing appropriation of $18.9 million in ARPA funding for immediate projects and programs, including $4.25 million for Housing programs; and WHEREAS, homeownership is recognized as a pathway to wealth creation and down payment assistance programs can help historically disadvantaged communities like lowerincome families and people of color, make homebuying more affordable and can reduce the racial wealth divide; and
WHEREAS, $2,000,000 of ARPA funds allocated to Housing programs is available to reallocate to a down payment assistance program to promote homeownership and wealth building; and
WHEREAS, the City Council wishes to establish a revolving loan fund to ensure loan proceeds from the down payment assistance program will assist future eligible households.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward, that $2,000,000 of the Housing ARPA funds be reallocated to a down payment assistance program; and
BE IT FURTHER RESOLVED, that the City Council authorizes the establishment of a revolving loan fund for down payment assistance; and

ATTACHMENT II

Page 2 of 2 ends

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute loan documents to provide downpayment assistance, administer the loans, and subordinate, extend or modify repayment terms, consistent with this resolution and its basic purpose, in a form to be approved by the City Attorney, in an amount not-to-exceed $300,000 per loan.

IN COUNCIL, HAYWARD, CALIFORNIA ______________, 2023
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 23-323
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution of Intention to Preliminarily Approve the Engineer’s Report and Assessments for Fiscal Year 2024; and Set June 27, 2023, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18

RECOMMENDATION
That Council adopts a resolution of intention (Attachment II) to preliminarily approve the Engineer’s report (Attachment III) and assessments for Landscaping and Lighting District No. 96-1 for FY 2024 and sets June 27th as the public hearing date.

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

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer’s Report
CITY OF HAYWARD Page 1 of 1 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Maintenance Services Director
SUBJECT: Adopt a Resolution of Intention to Preliminarily Approve the Engineer’s Report and Assessments for Fiscal Year 2024; and Set June 27, 2023, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18

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

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

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DISCUSSION
Recommended changes to a zone’s annual assessment rate are based on annual expenses, required cash flow, and capital replacement requirements. When determining the annual assessment rate, staff looks at two things:
(1) Maximum Base Assessment (MBA) – The MBA is the maximum assessment rate that a parcel can be charged annually. This amount is established during the original formation of the zone.

The annual MBA can only be increased if an inflation factor was included in the original formation document.
(2) Assessment Revenue – The assessment revenue is the annual amount of revenue collected by charging each parcel an assessment rate. The assessment rate recommendation depends on review of the following three items:
a. Annual Expenses – Annual operating and maintenance expenses are estimated based on past years’ experience and future years’ estimates. Expenses include staff administration, noticing, and annual reporting.

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

Total Assessed Parcels:

TABLE 1: DESCRIPTION OF BENEFIT ZONES

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

Table 2 on the following page summarizes assessment information by zone. The table provides assessment details for each zone by describing the number of parcels, if there is an annual inflation adjustment included in the MBA rate, the FY 2024 assessment rate, and the change between last year’s adopted assessment and this year’s recommended assessment.

For FY 2024, staff recommends no change to four zones (Zones: 6, 14, 15 and 18) and fourteen increases (Zones: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 16, and 17), based on annual expenses, required cash flow, and future capital replacement.

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Proposition 218 Compliance
For FY 2024, all assessments are proposed to be levied in compliance with Proposition 218 and do not require the noticing and balloting of property owners to obtain their approval. Any future increases in the assessment amounts that would exceed the MBA amount would require noticing and balloting of property owners.

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

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

A B C D E F G H I J
Zone Name/Location # Parcels CPI Adj
FY 2024 Max
Base
Assessment
FY 2024
Rate
FY 2023
Assessment
1 Huntwood Ave. and Panjon St. 30 No 295.83 224.70 214.00 Incr 10.70 5% 2 Harder Rd. and Mocine Ave. 85 No 193.39 129.00 122.86 Incr 6.14 5% 3 Prominence 155 Yes 1,118.42 1,008.76 951.66 Incr 57.10 6% 4 Stratford Village 174 No 180.00 123.13 116.16 Incr 6.97 6% 5 Soto Rd. and Plum Tree St. 38 No 258.67 258.67 255.17 Incr 3.50 1% 6 Pepper Tree Park 11 No 2.61 2.61 2.61 None - 0%
7 Twin Bridges 348 Yes 1,169.82 627.20 591.70 Incr 35.50 6% 8 Capitola St. 24 Yes 836.64 195.89 186.56 Incr 9.33 5% 9 Orchard Ave. 74 Yes 223.38 36.24 34.19 Incr 2.05 6%
10 Eden Shores 534 Yes 1,332.08 316.05 287.32 Incr 28.73 10% 11a Stonebrae (Developed) 617 Yes 1,889.38 374.48 340.44 Incr 34.04 10% 11b Stonebrae (Undeveloped) 27 Yes 566.81 198.47 180.43 Incr 18.04 10% 12a Eden Shores - East 261 Yes 250.34 98.26 92.70 Incr 5.56 6% 12b Eden Shores East (Spindrift) 118 Yes 239.80 98.26 92.70 Incr 5.56 6% 13 Cannery Place 599 Yes 1,420.74 394.13 371.82 Incr 22.31 6% 14 La Vista 179 Yes 725.28 683.65 683.65 None - 0%
15 Cadence 206 Yes 703.34 N/A N/A N/A N/A N/A
16a Blackstone (Zone A) 133 Yes 501.60 501.60 482.00 Incr 19.60 4% 16b Blackstone (Zone B) 24 Yes 526.68 526.68 506.08 Incr 20.60 4% 17 Parkside Heights 97 Yes 594.78 555.12 528.69 Incr 26.43 5% 18a SoHay Zone A (Developed) 192 Yes 453.66 300.00 300.00 None - 0% 18b SoHay Zone A (Undeveloped) 69 Yes 136.10 90.00 90.00 None - 0% 18c SoHay Zone B (Developed) 79 Yes 430.98 285.00 285.00 None - 0% 18d SoHay Zone B (Undeveloped) 93 Yes 129.29 85.50 85.50 None - 0% TABLE 2: ASSESSMENT AMOUNTS BY BENEFIT ZONE
Change from last year

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PUBLIC CONTACT
City staff: 1) mailed a postcard to all affected property owners to provide details of their recommended FY 2024 assessment rate and to alert them to two Council meetings where they could provide input (June 6 and June 27); 2) held a virtual meeting on May 31 via Zoom; and 3) will publish a printed legal notice in the East Bay Times on or before June 17, 2023.

NEXT STEPS
Following this Council meeting, the City is proposing to hold a public hearing on June 27, 2023, to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the County Auditor’s office to be included on the FY 2024 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

If Council adopts the attached resolution of intention, a noticed public hearing on June 27, 2023, to consider approving the Engineer’s Report and ordering the levy of assessments for FY 2024 will be scheduled.

Prepared by: Manny Grewal, Management Analyst
Recommended by: Todd Rullman, Maintenance Services Director

Approved by:
__________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23-____
Introduced by Council Member ___________

RESOLUTION OF INTENTION TO PRELIMINARILY APPROVE THE

ENGINEER'S REPORT, DECLARING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2024 FOR CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT NO. 96-1, ZONES 1-18, AND SETTING JUNE 27, 2023, AS THE

PUBLIC HEARING DATE
WHEREAS, On May 7, 1996, the Consolidated Landscaping and Lighting District No. 96-1, Zones 1-6 (the “District”) was established by the adoption of Resolution No. 96-93 and, subsequently, Zones 7-18 were respectively annexed to the District, and WHEREAS, the District consists of properties as shown on the Assessment Roll which will be available on file in the Office of the Hayward City Clerk on June 27, 2023; and WHEREAS, it is the intention of the City Council to order the levy and collection of assessments for the maintenance of the storm drainage pumping station and storm drain conduit pursuant to Part 3, Chapter 26 of Division 7 of the California Streets and Highways Code (commencing with Section 5820 thereof).

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

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

2. The Engineer of Work has prepared a Preliminary Engineer’s Report in accordance with the provisions of Article XIIID, Section 4, of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. Said report has been made, filed, and duly considered by this City Council and is hereby deemed sufficient and intended to be preliminarily approved. Said report shall stand as the report for all subsequent proceedings relating to the proposed levy of District assessments for Fiscal Year 2024.

3. It is the intention of the City Council to order the levy and collection of assessments within the District for Fiscal Year 2024.

ATTACHMENT II

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

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

6. The proposed assessments for Zones 6, 14, 15 and 18 are unchanged from the previous year’s assessments.

7. The proposed assessments for Zones 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 16, and 17 are more than the previous year’s assessments.

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

9. On June 27, 2023, at the hour of 7:00 p.m., in the regular meeting place of this City Council, City Council Chambers, 777 B Street, Hayward, California, a public hearing will be held on the levy of the proposed assessments. Prior to the conclusion of said public hearing, any interested person may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest by a property owner shall contain a description sufficient to identify the property owned by such owner.

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

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA June 6, 2023,
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
Page i
Fiscal Year 2024 ENGINEER’S REPORT
City of Hayward
Landscaping and Lighting Assessment District 96-1
May 2023
Preliminary Report

ATTACHMENT III
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024
Page i
City of Hayward
City Council
Mark Salinas, Mayor
Angela Andrews, Mayor Pro Tempore
Ray Bonilla Jr., Council Member
Dan Goldstein, Council Member
Julia Roche, Council Member
George Syrop, Council Member
Francisco Zermeño, Council Member
Clerk of the Council
Miriam Lens
City Manager
Kelly McAdoo
Maintenance Service Director
Todd Rullman
City Attorney
Michael Lawson
Engineer of Work
SCI Consulting Group
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024
Page ii
Table of Contents
Introduction............................................................................................................... 1 Overview....................................................................................................................................1 Background................................................................................................................................1 Method of Apportionment........................................................................................................4 Zone Classification.....................................................................................................................5 Assessment Roll.........................................................................................................................6 Estimate of Costs.......................................................................................................................6 Legislative Analysis....................................................................................................................7 Inflation Factor Allowance Overview ........................................................................................7 Noticing, Public Comment, and Public Hearing.........................................................................8 Plans and Specifications ............................................................................................. 9 Introduction...............................................................................................................................9 Description of District................................................................................................................9 Description of Improvements ...................................................................................................9 Zone 1 (Huntwood Ave.& Panjon St.)......................................................................................11 Zone 2 (Harder Rd. & Mocine Ave.) ........................................................................................14 Zone 3 (Prominence)...............................................................................................................17 Zone 4 (Stratford Village) ........................................................................................................21 Zone 5 (Soto Rd. & Plum Tree St.)...........................................................................................25 Zone 6 (Peppertree Park) ........................................................................................................28 Zone 7 (Twin Bridges)..............................................................................................................31 Zone 8 (Capitola Street)...........................................................................................................34 Zone 9 (Orchard Ave.) .............................................................................................................37 Zone 10 (Eden Shores Residential)..........................................................................................40 Zone 11 (Stonebrae Country Club)..........................................................................................43 Zone 12 (Spindrift - Eden Shore East)......................................................................................47 Zone 13 (Cannery Place)..........................................................................................................51 Zone 14 (La Vista)....................................................................................................................54 Zone 15 (Cadence)...................................................................................................................57 Zone 16 (Blackstone)...............................................................................................................59 Zone 17 (Parkside Heights)......................................................................................................62 Zone 18 (SoHay) ......................................................................................................................65 Assessment.............................................................................................................. 69 Vicinity Map............................................................................................................. 71 Assessment Diagram ................................................................................................ 72 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024
Page iii
List of Tables
Table 1- Description Of Benefit Zones............................................................................................. 2 Table 2- Assessment Amounts By Benefit Zone .............................................................................. 3 Table 3: Estimated Cash Balance Changes Per Benefit Zone........................................................... 4 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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

Through a professional service agreement with SCI Consulting Group (the “Consultant”), the City of Hayward (the “City”) has requested the Consultant prepare and file the Report for the referenced fiscal year. This is the detailed Report for Fiscal Year (“FY”) 2024 regarding the District and the proposed assessments to be levied on the properties therein to provide ongoing funding for the costs and expenses required to service and maintain landscape and lighting improvements associated with and resulting from development of properties within the District, in accordance with the proportional special benefits the properties receive from the improvements.

Following the preparation of the annual Report, a public hearing is held before the Council to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed public hearing, and review of the Report, the Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council shall order the levy and collection of assessments for FY 2024. In such case, the levy information will be submitted to the Alameda County Auditor/Controller and included as assessments on the property tax roll for the various services provided in FY 2024.

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

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Engineer’s Report, FY 2024

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

Table 1 - Description Of Benefit Zones

TABLE 1: DESCRIPTION OF BENEFIT ZONES
Total Assessed Parcels:

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LLAD No. 96-1
Engineer’s Report, FY 2024

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The following table summarizes the FY 2024 assessment rates per benefit zone.

Table 2 - Assessment Amounts By Benefit Zone

A B C D E F G H I J
Zone Name/Location # Parcels CPI Adj
FY 2024 Max
Base
Assessment
FY 2024
Rate
FY 2023
Assessment
1 Huntwood Ave. and Panjon St. 30 No 295.83 224.70 214.00 Incr 10.70 5% 2 Harder Rd. and Mocine Ave. 85 No 193.39 129.00 122.86 Incr 6.14 5% 3 Prominence 155 Yes 1,118.42 1,008.76 951.66 Incr 57.10 6% 4 Stratford Village 174 No 180.00 123.13 116.16 Incr 6.97 6% 5 Soto Rd. and Plum Tree St. 38 No 258.67 258.67 255.17 Incr 3.50 1% 6 Pepper Tree Park 11 No 2.61 2.61 2.61 None - 0%
7 Twin Bridges 348 Yes 1,169.82 627.20 591.70 Incr 35.50 6% 8 Capitola St. 24 Yes 836.64 195.89 186.56 Incr 9.33 5% 9 Orchard Ave. 74 Yes 223.38 36.24 34.19 Incr 2.05 6%
10 Eden Shores 534 Yes 1,332.08 316.05 287.32 Incr 28.73 10% 11a Stonebrae (Developed) 617 Yes 1,889.38 374.48 340.44 Incr 34.04 10% 11b Stonebrae (Undeveloped) 27 Yes 566.81 198.48 180.43 Incr 18.05 10% 12a Eden Shores - East 261 Yes 250.34 98.26 92.70 Incr 5.56 6% 12b Eden Shores East (Spindrift) 118 Yes 239.80 98.26 92.70 Incr 5.56 6% 13 Cannery Place 599 Yes 1,420.74 394.13 371.82 Incr 22.31 6% 14 La Vista 179 Yes 725.28 683.65 683.65 None - 0%
15 Cadence 206 Yes 703.34 N/A N/A N/A N/A N/A
16a Blackstone (Zone A) 133 Yes 501.60 501.60 482.00 Incr 19.60 4% 16b Blackstone (Zone B) 24 Yes 526.68 526.68 506.08 Incr 20.60 4% 17 Parkside Heights 97 Yes 594.78 555.12 528.69 Incr 26.43 5% 18a SoHay Zone A (Developed) 192 Yes 453.66 300.00 300.00 None - 0% 18b SoHay Zone A (Undeveloped) 69 Yes 136.10 90.00 90.00 None - 0% 18c SoHay Zone B (Developed) 79 Yes 430.98 285.00 285.00 None - 0% 18d SoHay Zone B (Undeveloped) 93 Yes 129.29 85.50 85.50 None - 0% TABLE 2: ASSESSMENT AMOUNTS BY BENEFIT ZONE
Change from last year
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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

Table 3 - Estimated Cash Balance Changes Per Benefit Zone Method of Apportionment
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping and street lighting improvements.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements."
Zone Name/Location
Est FY 2023
Ending Cash
Balance
FY 2024
Revenue
FY 2024
Expenditures Change
Est FY 2024
Ending Cash
Balance
1 Huntwood Ave. and Panjon St. 20,953 6,826 12,921 (6,094) 14,859 2 Harder Rd. and Mocine Ave. 30,575 11,191 18,452 (7,261) 23,314 3 Prominence 327,927 154,730 252,946 (98,217) 229,710
4 Stratford Village 68,952 21,575 45,367 (23,792) 45,161 5 Soto Rd. and Plum Tree St. 20,672 9,762 13,974 (4,212) 16,460 6 Pepper Tree Park 96,734 13,188 15,091 (1,904) 94,830
7 Twin Bridges 654,706 217,055 400,322 (183,267) 471,438 8 Capitola St. 49,960 5,021 11,834 (6,812) 43,147
9 Orchard Ave. 8,909 2,671 4,461 (1,790) 7,118
10 Eden Shores 477,518 168,502 408,570 (240,068) 237,450 11 Stonebrae 363,508 238,143 314,869 (76,726) 286,782
12 Eden Shores East (Spindrift) 17,304 36,757 36,735 23 17,326 13 Cannery Place 668,690 234,470 330,606 (96,135) 572,555 14 La Vista 233,999 122,373 142,605 (20,231) 213,768
15 Cadence - - - - -
16 Blackstone 134,994 78,104 100,053 (21,949) 113,046
17 Parkside Heights 85,543 55,431 59,786 (4,355) 81,188 18 SoHay 226,211 115,910 96,482 19,429 245,640
3,487,155 1,491,712 2,265,074 (773,362) 2,713,793
Self-Maintained.

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

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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

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

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

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

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

City of Hayward
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Engineer’s Report, FY 2024

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

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the proposed assessment amount for FY 2024 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hayward.

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

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

The estimated FY 2024 revenues and expenditures for the proposed District are itemized by zone below. For a detailed breakdown of the operation, maintenance, and servicing costs for each benefit zone, please refer to the budget page following each zone’s description.

City of Hayward
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Engineer’s Report, FY 2024

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

All the assessments proposed within the FY 2024 Engineer’s Report are equal to or less than the Maximum Base Assessment Rate authorized; therefore, Article XIIID, Section 4 vote requirements do not apply to these proceedings.

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

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

Benefit zones 3, 7-13, 17-18 apply the February CPI-U for the San Francisco-Oakland-Hayward, CA MSA2
inflation factor. The CPI-U increase from February 2022 to February 2023 was 5.30%; therefore, a 5.30% increase was applied to the FY 2024 Maximum Base Assessment Rate for zones 3, 7-13, 17-18.
1 http://www.lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html 2 https://data.bls.gov/cgi-bin/surveymost (Feb 2022 to Feb 2023) City of Hayward
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Engineer’s Report, FY 2024

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Benefit zones 12 annexation, 14-16 apply the December CPI-U for the San Francisco-OaklandHayward, CA MSA3 inflation factor, capped at 3.00% per fiscal year. Any change in the CPI in excess of 3.00% shall be cumulatively reserved as the “Unused CPI” and shall be used to increase the maximum authorized assessment rate in years in which the CPI is less than 3%. The CPI-U increase from December 2021 to December 2022 was 4.88%; therefore, the Maximum Base Assessment Rate for zones 12 annexation, 14-16 have been increased by 3.00%.

Noticing, Public Comment, and Public Hearing
Noticing and information regarding this report were provided via the following methods: 1) mailed a notice to all affected property owners to provide detail of their recommended FY 2024 assessment rate and to alert them to three public meetings where they could provide input (May 31, June 6, June 27), and published a legal notice in the East Bay Times on or before June 17, 2023.

On June 27, 2023, the City is proposing to hold a public hearing to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the Alameda County Auditor’s Office to be included on the FY 2024 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes.

All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.
3 https://data.bls.gov/cgi-bin/surveymost (Dec 2022 to Dec 2023) City of Hayward
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Plans and Specifications
Introduction
As required by the Landscaping and Lighting Act of 1972, the annual Engineer's Report includes:
(1) a listing of the proposed assessment amount for each assessable lot or parcel; (2) a description of the improvements to be operated, maintained, and serviced; and (3) an estimated budget.

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

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

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

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

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Engineer’s Report, FY 2024

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

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

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

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

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Zone 1 (Huntwood Ave.& Panjon St.)
Tract No. 06041
Formed: November 13, 1990
Resolution Number: 90-256
FY 2024
Maximum Base Assessment Rate: $295.83
Assessment Amount per Parcel: $224.70
Number of Parcels: 30
Assessment Income: $6,741.00
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1990.
• Is at the maximum, unchanged from the previous year at $295.83 per parcel. • Includes an annual inflation increase: No.
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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FY 2024 Assessment and Income
FY 2024 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: Including an 8-foot-wide landscaped strip along Huntwood Ave. within a landscape easement; and
• Surface maintenance of the street side: Including a 600-foot masonry wall along Huntwood Ave. The maintenance includes painting, cleaning, graffiti removal, and minor surface repair.
• One-time maintenance: A budget of $4,500 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $214.00 to $224.70. • The total annual assessment income will equal $6,741. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
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Engineer’s Report, FY 2024

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

Fund 266, Project 3740
Established 1990, 30 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 295.83 295.83 295.83 295.83 b. Annual Per Parcel Assessment 202.58 212.71 214.00 224.70 c. # of Parcels 30 30 30 30
d. Total Amount Assessed for the District: 6,077 6,381 6,420 6,741 Income
a. Annual Assessment Revenue 6,089 6,264 6,420 6,741
b. Minus County Tax Collection Fee (1.7%) (103) (108) (109) (115) c. Other 108 (547) 200 200
d. Total Revenue: 6,094 5,608 6,511 6,826
Services
a. Utilities: Water 369 406 700 770
b. Utilities: PGE 238 291 325 325
c. Landscape Maintenance 1,620 1,620 2,400 4,000
d. One-Time Project/Maintenance - - 5,000 4,500
e. Property Owner Noticing 20 25 75 77
f. Annual Reporting 553 1,012 1,032 1,063
g. City Administration 2,000 2,060 2,122 2,185
h. Total Expenditures: 4,800 5,414 11,654 12,921
Account Balance
a. Beginning Account Balance 24,608 25,902 26,096 20,953 b. Net Change (Revenue - Expenditures) 1,294 194 (5,143) (6,094) c. Ending Account Balance: 25,902 26,096 20,953 14,859
City of Hayward
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Engineer’s Report, FY 2024

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Zone 2 (Harder Rd. & Mocine Ave.)
Tract No. 6042
Formed: July 25, 1991
Resolution Number: 91-137
FY 2024
Maximum Base Assessment Rate: $193.39
Assessment Amount per Parcel: $129.00
Number of Parcels: 85
Assessment Income: $10,965.00
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1991.
• Is at the maximum, unchanged from the previous year at $193.39 per parcel. • Includes an annual inflation increase: No.
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $122.86 to $129.00. • The total annual assessment income will equal $10,965.00. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

Services provided to this assessment zone include:
• Landscaping and irrigation: Including the area between the sidewalk and wall along Harder Road and Mocine Ave. within a landscape easement. • Surface maintenance of the street side: Including maintenance of a 1,000-foot-long masonry wall along Harder Road, Mocine Ave., and a segment of Sunburst Drive. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• Surface maintenance of wall: Includes maintenance of an 800-foot-long masonry wall adjacent to the railroad tracks located on the southwest side of Tract No. 6042. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair. • One-time maintenance: A budget of $4,500 is allocated for additional maintenance, as required.

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

City of Hayward
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Engineer’s Report, FY 2024

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

Fund 267, Project 3741
Established 1991, 85 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 193.39 193.39 193.39 193.39 b. Annual Per Parcel Assessment 122.86 122.86 122.86 129.00 c. # of Parcels 85 85 85 85
d. Total Amount Assessed for the District: 10,443 10,443 10,443 10,965 Income
a. Annual Assessment Revenue 10,458 10,481 10,443 10,965 b. Minus County Tax Collection Fee (1.7%) (178) (178) (178) (186) c. Other 121 (624) 400 412
d. Total Revenue: 10,402 9,680 10,666 11,191
Services
a. Utilities: Water 910 1,727 2,000 2,420
b. Utilities: PGE 120 140 160 165
c. Landscape Maintenance 1,620 1,620 2,400 8,000
d. One-Time Project/Maintenance 5,000 - 2,500 4,500
e. Property Owner Noticing 56 70 115 118
f. Annual Reporting 553 1,012 1,032 1,063
g. City Administration 2,000 2,060 2,122 2,185
h. Total Expenditures: 10,259 6,630 10,329 18,452
Account Balance
a. Beginning Account Balance 27,046 27,188 30,238 30,575 b. Net Change (Revenue - Expenditures) 143 3,050 337 (7,261) c. Ending Account Balance: 27,188 30,238 30,575 23,314
City of Hayward
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Zone 3 (Prominence)
Tract No. 4007
Formed: June 23, 1992
Resolution Number: 92-174
FY 2024
Maximum Base Assessment Rate: $1,118.42
Assessment Amount per Parcel: $1,008.76
Number of Parcels: 155
Assessment Income: $156,357.74
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1992.
• Increased from the previous year from $1,062.12 to $1,118.42 per parcel by CPI. • Includes an annual inflation increase: Yes, includes the February CPI-U for the San Francisco-Oakland-Hayward MSA (5.30% for the period February 2022 to February 2023).

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FY 2024 Assessment and Income
FY 2024 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: Include approximately one mile of landscaped frontage along Hayward Blvd. and Fairview Ave., with significant slope areas along the street; • Surface maintenance of the sound wall (street side): of a mile-long masonry wall along Hayward Blvd. and Fairview Ave. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• Maintenance of several open space areas: many are maintained within the tract; however, there are no funds budgeted for maintenance of the non-irrigated, nonlandscaped open space areas. • One-time projects: A budget of $100,000 is included for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $951.66 to $1,008.76. • The total annual assessment income will equal $156,358.74. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2024

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Notes:
• In FY 2004, a group of property owners within Zone 3 formed a Landscape Committee. • In FY 2006, a Proposition 218 Election was held to increase the base assessment amount from $328.82 to $1,023.56 per parcel for the first three years to fund the cost of a comprehensive landscape plan (capital plan). The $694.74 increase was made up of two parts. One, an increase of $365.70 per year for maintenance; and two, an increase of $329.04 per year for capital. The three-year capital plan included 1) Bus Stop and Open Area Across Street on Fox Hollow Drive; 2) Open Area South of 28525 Fox Hollow Drive; 3) Hayward Blvd., Fairview Drive, and Barn Rock Drive.
• In FY 2009, the rate returned to $694.52 per year, which may be increased each year by inflation
City of Hayward
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City of Hayward
Landscape and Lighting District Zone 3 - Prominence
Fund 268, Project 3742
Established 1992, 155 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 994.12 1,062.12 1,062.12 1,118.42 b. Annual Per Parcel Assessment 909.69 923.95 951.66 1,008.76 c. # of Parcels 155 155 155 155
d. Total Amount Assessed for the District: 141,002 143,212 147,507 156,358 Income
a. Annual Assessment Revenue 139,727 142,694 147,507 156,358 b. Minus County Tax Collection Fee (1.7%) (2,397) (2,435) (2,508) (2,658) c. Other 1,304 (7,573) 1,000 1,030
d. Total Revenue: 138,634 132,686 146,000 154,730
Services
a. Utilities: Water 20,572 16,200 30,000 35,200
b. Utilities: PGE 1,493 2,032 2,000 2,200
c. Landscape Maintenance 47,990 57,800 60,000 99,554
d. One-Time Project/Maintenance 15,417 11,734 47,738 100,000 h. Bus Stop Area - - 10,000 -
i. Irrigation/V-Ditch Filter - - 10,000 10,000
j. Property Owner Noticing 99 125 175 180
k. Annual Reporting 635 1,163 1,187 1,223
l. City Administration 4,200 4,326 4,456 4,589
m. Total Expenditures: 104,906 109,167 181,817 252,946
Account Balance
a. Beginning Account Balance 306,497 340,225 363,744 327,927 b. Net Change (Revenue - Expenditures) 33,728 23,520 (35,818) (98,217) c. Ending Account Balance: 340,225 363,744 327,927 229,710 City of Hayward
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Zone 4 (Stratford Village)
Tract Nos. 6472, 6560, 6682 & 6683
Formed: May 23, 1995
Resolution Number: 95-96
Annexed Tract No. 6682: January 23, 1996
FY 2024
Maximum Base Assessment Rate: $180.00
Assessment Amount per Parcel: $123.13
Number of Parcels: 174
Assessment Income: $21,424.62
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1995.
• Is at the maximum, unchanged from the previous year at $180.00 per parcel. • Includes an annual inflation increase: No
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: Include approximately 21,000 square feet adjacent to the Ward Creek Bike Pathway, including an irrigation system with electrical controllers; • Median landscaping: Includes approximately 2,100 square feet along Stratford Rd. and Ruus Lane;
• Landscaping: Includes approximately 7,500 square feet along Pacheco Way; • Landscaping, irrigation, and appurtenances: on the median island on Ruus Lane; • Surface maintenance of the street side of a masonry wall along Pacheco Way and along the southern and eastern property boundaries. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; • Asphalt bike pathway: Includes approximately 2,100 linear feet adjacent to Ward Creek between Pacheco Way and Folsom Ave., and bike path striping on pathway; • Chain link fencing: Includes approximately 50 linear feet of 4-foot-high black vinyl clad fencing at two locations between Ward Creek and the asphalt pathway; Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $116.16 to $123.13. • The total annual assessment income will equal $21,424.62. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment rate.

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• Gate: Includes a 14-foot-wide entry gate structure, an 8-foot-wide swing gate, and a 12-foot-wide swing gate;
• Bridge: Includes 32 linear feet of 8-foot-wide prefabricated steel bridge with wood deck; and
• Pedestrian access: Between Rosecliff Lane and Ward Creek Pathway. • One-time maintenance: A budget of $17,000 is allocated for additional maintenance, as required.

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

City of Hayward
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Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 4 - Stratford Village Fund 269, Project 3743
Established 1995, 174 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 180.00 180.00 180.00 180.00 b. Annual Per Parcel Assessment 116.16 116.16 116.16 123.13 c. # of Parcels 174 174 174 174
d. Total Amount Assessed for the District: 20,212 20,212 20,212 21,425 Income
a. Annual Assessment Revenue 20,314 20,434 20,212 21,425 b. Minus County Tax Collection Fee (1.7%) (344) (344) (344) (364) c. Other 487 (2,139) 500 515
d. Total Revenue: 20,457 17,952 20,368 21,575
Services
a. Utilities: Water 2,840 33,475 3,100 11,000
b. Utilities: PGE 1,083 1,346 1,300 1,500
c. Landscape Maintenance - 6,415 8,500 12,500
d. One-Time Project/Maintenance 3,720 5,660 15,000 17,000 e. Property Owner Noticing 113 24 115 118
f. Annual Reporting 553 460 1,032 1,063
g. City Administration 2,000 2,060 2,122 2,185
h. Total Expenditures: 10,309 49,441 31,169 45,367
Account Balance
a. Beginning Account Balance 101,094 111,242 79,753 68,952 b. Net Change (Revenue - Expenditures) 10,148 (31,489) (10,801) (23,792) c. Ending Account Balance: 111,242 79,753 68,952 45,161 City of Hayward
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Zone 5 (Soto Rd. & Plum Tree St.)
Tract Nos. 6641 & 6754
Formed: May 23, 1995
Resolution Number: 95-97
Annexed Tract No. 6754: October 17, 1995
FY 2024
Maximum Base Assessment Rate: $258.67
Assessment Amount per Parcel: $258.67
Number of Parcels: 38
Assessment Income: $9,829.46
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1995.
• Is at the maximum, unchanged from the previous year at $258.67 per parcel. • Includes an annual inflation increase : No
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services provided to this assessment zone include:
• Landscaping: within the 10-foot-wide setback area between the masonry wall and the sidewalk (approximately 360 lineal feet);
• Landscaping and appurtenances: within the 5.5-foot-wide planter strip between the sidewalk and the curb return areas across the frontage of Tract 6641; located within the 10-foot-wide setback area between the masonry wall and the sidewalk (approximately 440 lineal feet); and within the 5.5-foot-wide planter strip between the sidewalk and the curb across the Soto Road frontage of Final Map Tract 6754. • Surface maintenance of the masonry wall (street side): of a masonry wall along Soto Road. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• The curb return areas: at the intersection of Soto Road and Plum Tree Street. • One-time maintenance: A budget of $5,000 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $255.17 to $258.67. • The total annual assessment income will equal $9,829.46. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is at the Maximum Base Assessment.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 5 - Plum Tree St. - Soto Road Fund 272, Project 3744
Established 1995, 38 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 258.67 258.67 258.67 258.67 b. Annual Per Parcel Assessment: 255.17 255.17 255.17 258.67 c. # of Parcels 38 38 38 38
d. Total Amount Assessed for the District: 9,696 9,696 9,696 9,829 Income
a. Annual Assessment Revenue 9,724 9,712 9,696 9,829
b. Minus County Tax Collection Fee (1.7%) (165) (165) (165) (167) c. Other 79 (529) 100 100
d. Total Revenue: 9,639 9,018 9,632 9,762
Services
a. Utilities: Water 176 189 800 880
b. Utilities: PGE 228 291 300 300
c. Landscape Maintenance 1,620 1,620 2,400 5,000
d. Irrigation Repair - - 3,000
e. One-Time Project/Maintenance - - 5,000 5,000
f. Property Owner Noticing 25 31 75 77
g. Annual Reporting 276 511 516 532
h. City Administration 2,000 2,060 2,122 2,185
i. Total Expenditures: 4,325 4,703 14,213 13,974
Account Balance
a. Beginning Account Balance: 15,624 20,938 25,253 20,672 b. Net Change (Revenue - Expenditures) 5,314 4,315 (4,581) (4,212) c. Ending Account Balance: 20,938 25,253 20,672 16,460
City of Hayward
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Engineer’s Report, FY 2024

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Zone 6 (Peppertree Park)
Tract Nos. 4420 & 3337 (Lot 2)
Formed: May 11, 1982
Resolution Number: 82-160
FY 2024
Maximum Base Assessment Rate: $2.61 per linear foot
Assessment Amount per Parcel: $2.61 per linear foot
Number of Parcels: 11
Assessment Income: $13,034.34
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1982.
• Is at the maximum, unchanged from the previous year at $2.61 per linear foot. • Includes an annual inflation increase : No
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services provided to this assessment zone include:
• Landscaping and decorative paving: within the median islands in San Clemente Street between Zephyr Avenue and San Antonio Street;
• Landscaping: in the fountain area; and
• Various: the identification sign, lighting, and landscaping in the main entrance median at San Clemente Street and San Antonio Street.
• One-time maintenance: A budget of $5,000 is allocated for additional maintenance, as required.

Assessment Rate (annual charge per parcel) and Income
• The per linear foot charge will remain the same from the previous year at $2.61. • The total annual assessment income will equal $13,034.34. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is at the Maximum Base Assessment.

City of Hayward
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Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 6 - Peppertree Business Park Fund 273, Project 3730
Established 1982, 11 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 2.61 2.61 2.61 2.61
b. Annual Per Parcel Assessment: 2.61 2.61 2.61 2.61
c. # of Parcels 11 11 11 11
d. Length of Assessable Street Frontage 4,994 4,994 4,994 4,994 e. Total Amount Assessed for the District 13,034 13,034 13,034 13,034 Income
a. Annual Assessment Revenue 13,077 13,038 13,034 13,034 b. Minus County Tax Collection Fee (1.7%) (222) (222) (222) (222) c. Other 363 (1,937) 375 375
d. Total Revenue: 13,219 10,880 13,188 13,188
Services
a. Utilities: Water 1,770 1,419 2,060 2,750
b. Utilities: PGE 111 129 160 200
c. Landscape Maintenance - 1,050 4,200 4,326
d. One-Time Project/Maintenance - - 4,500
e. Property Owner Noticing 5 7 65 67
f. Annual Reporting 553 1,012 1,032 1,063
g. City Administration 2,000 2,060 2,122 2,185
h. Total Expenditures: 4,439 5,678 9,639 15,091
Account Balance
a. Beginning Account Balance: 79,204 87,983 93,185 96,734 b. Net Change (Revenue - Expenditures) 8,780 5,202 3,549 (1,904) c. Ending Account Balance: 87,983 93,185 96,734 94,830
City of Hayward
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Engineer’s Report, FY 2024

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Zone 7 (Twin Bridges)
Tract Nos. 7015
Formed: July 28, 1998
Resolution Number: 98-153
FY 2024
Maximum Base Assessment Rate: $1,169.82
Assessment Amount per Parcel: $627.20
Number of Parcels: 348
Assessment Income: $218,265.60
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1998.
• Increased from the previous year from $1,110.94 to $1,169.82 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA 5.30% for the period February 2022 to February 2023). • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services for this assessment zone include:
• Park: Includes a two-acre neighborhood park, maintained by the Hayward Area Recreation District through a Memorandum of Understanding with the City; • Landscaping: Includes: planting, irrigation, the multi-use pathway, landscape lighting and other associated improvements located within the landscape easements and street right-of-way along Mission Boulevard and Industrial Parkway; • Medians: Includes medians and abutting landscaping along the Arrowhead Way entrance roads and traffic circles, including the bridge structure, signs, and decorative entry paving;
• Bus shelters;
• Walls and fences that face Mission Blvd., Industrial Parkway, the Arrowhead Way entrance roads, the golf course and along the Line N drainage channel (including graffiti removal);
• Specialty street lighting; and
• One-time maintenance: A budget of $177,000 is allocated for additional maintenance, as required.

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $591.70 to $627.20. • The total annual assessment income will equal $218,265.60. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 7 - Twin Bridges
Fund 274, Project 3746
Established 1998, 348 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,039.80 1,110.94 1,110.94 1,169.82 b. Annual Per Parcel Assessment: 591.70 591.70 591.70 627.20 c. # of Parcels 348 348 348 348
d. Total Amount Assessed for the District 205,912 205,912 205,912 218,266 Income
a. Annual Assessment Revenue 203,688 203,062 205,912 218,266 b. Minus County Tax Collection Fee (1.7%) (3,500) (3,500) (3,500) (3,711) d. Other 2,471 (13,416) 3,800 2,500
e. Total Revenue: 202,659 186,146 206,211 217,055
Services
a. Utilities: Water 68,536 55,028 65,000 77,000
b. Utilities: PGE 2,198 1,287 1,500 2,000
c. Landscape Maintenance 27,313 34,864 45,000 46,350
d. Park Maintenance - HARD 47,528 47,528 51,000 51,000
e. One-Time Project/Maintenance - - 20,000 177,000
f. Tree Maintenance/Replacement 21,880 4,929 40,000
l. Flags - - - 800
n. Property Owner Noticing 222 280 350 361
o. Annual Reporting 636 1,163 1,187 1,223
p. City Administration 4,200 4,326 4,456 4,589
q. Total Expenditures: 172,513 149,405 188,493 400,322
Account Balance
a. Beginning Account Balance: 570,100 600,246 636,987 654,706 b. Net Change (Revenue - Expenditures) 30,146 36,741 17,718 (183,267) c. Ending Account Balance: 600,246 636,987 654,706 471,438 City of Hayward
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Zone 8 (Capitola Street)
Tract Nos. 7033
Formed: March 2, 1999
Resolution Number: 99-030
FY 2024
Maximum Base Assessment Rate: $836.64
Assessment Amount per Parcel: $195.89
Number of Parcels: 24
Assessment Income: $4,701.36
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 1999.
• Increased from the previous year from $794.54 to $836.64 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA 5.30% for the period February 2022 to February 2023).

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services for this assessment zone include:
• Landscaping: a 10-foot-wide landscaped area, between the wall and the Hesperian Blvd. frontage, to be improved with landscaping, irrigation, and other associated improvements located within the landscaped area.
• Surface maintenance: of the 8-foot-high decorative concrete wall along the tract's Hesperian Blvd. frontage. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• One-time maintenance: A budget of $4,500 is allocated for additional maintenance as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $186.56 to $195.89. • The total annual assessment income will equal $4,701.36. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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Landscape and Lighting District Zone 8 - Capitola St.

Fund 275, Project 3748
Established 1999, 24 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 743.67 794.54 794.54 836.64 b. Annual Per Parcel Assessment: 181.13 186.56 186.56 195.89 c. # of Parcels 24 24 24 24
d. Total Amount Assessed for the District: 4,347 4,477 4,477 4,701 Income
a. Annual Assessment Revenue 4,347 4,477 4,477 4,701
b. Minus County Tax Collection Fee (1.7%) (74) (76) (76) (80) c. Other 251 (1,184) 400 400
d. Total Revenue: 4,524 3,218 4,801 5,021
Services
a. Utilities: Water 365 405 450 550
b. Utilities: PGE - - - -
c. Landscape Maintenance - 1,225 2,500 4,000
d. One-Time Project/Maintenance - - 6,000 4,500
e. Property Owner Noticing 16 20 65 67
f. Annual Reporting 276 511 516 532
g. City Administration 2,000 2,060 2,122 2,185
h. Total Expenditures: 2,657 4,221 11,653 11,834
Account Balance
a. Beginning Account Balance: 55,948 57,815 56,811 49,960 b. Net Change (Revenue - Expenditures) 1,867 (1,003) (6,852) (6,812) c. Ending Account Balance: 57,815 56,811 49,960 43,147
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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Zone 9 (Orchard Ave.)
Tract Nos. 7063
Formed: April 25, 2000
Resolution Number: 00-050
FY 2024
Maximum Base Assessment Rate: $223.38
Assessment Amount per Parcel: $36.24
Number of Parcels: 74
Assessment Income: $2,681.76
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2000.
• Increased from the previous year from $212.14 to $223.38 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA (5.30% for the period February 2022 to February 2023). • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services for this assessment zone include:
• Surface maintenance: of the 10-foot-high decorative concrete wall along the railroad and along the south property line abutting Lot 40. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair. To minimize this maintenance work, Boston Ivy is planted and maintained along most of the surface of the wall. • One-time maintenance: A budget of $500 is included for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $34.19 to $36.24. • The total annual assessment income will equal $2,681.76. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 9 - Orchard Ave.

Fund 276, Project 3749
Established 2000, 74 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 198.57 212.14 212.14 223.38 b. Annual Per Parcel Assessment: 34.19 34.19 34.19 36.24 c. # of Parcels 74 74 74 74
d. Total Amount Assessed for the District 2,530 2,530 2,530 2,682 Income
a. Annual Assessment Revenue 2,533 2,513 2,530 2,682
b. Minus County Tax Collection Fee (1.7%) (43) (43) (43) (46) c. Other 36 (200) 25 35
d. Total Revenue: 2,526 2,270 2,512 2,671
Services
a. One-Time Project/Maintenance - - 500 500
b. Graffiti Abatement - - 500 2,000
c. Property Owner Noticing 48 60 115 118
d. Annual Reporting 276 511 516 532
e. City Administration 1,200 1,236 1,273 1,311
f. Total Expenditures: 1,524 1,807 2,904 4,461
Account Balance
a. Beginning Account Balance: 7,835 8,837 9,301 8,909
b. Net Change (Revenue - Expenditures) 1,002 463 (392) (1,790) c. Ending Account Balance: 8,837 9,301 8,909 7,118
City of Hayward
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Engineer’s Report, FY 2024

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Zone 10 (Eden Shores Residential)
Tract Nos. 7317, 7360 & 7361
Formed: June 24, 2003
Resolution Number: 03-083
FY 2024
Maximum Base Assessment Rate: $1,332.08
Assessment Amount per Parcel: $316.05
Number of Parcels: 534
Assessment Income: $168,770.70
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2003.
• Increased from the previous year from $1,265.04 to $1,332.08 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA (5.30% for the period February 2022 to February 2023). • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
The Eden Shores Homeowners Association (HOA) administers the landscape maintenance contract for the zone. The HOA invoices the City quarterly for reimbursement of expenses authorized thru the assessment zone budget. The City manages the park maintenance contract, through a Memorandum of Understanding with the Hayward Area Recreation District.

Services for this assessment zone include:
• Park: A 5.58-acre park within the development which includes landscaping and irrigation and playground equipment. The City of Hayward has a Memorandum of Understanding with the Hayward Area Recreation Department (HARD) to maintain the park;
• Landscaping and irrigation: of medians, park strips, and parkway within the development; and
• Surface maintenance: of the decorative concrete and masonry walls along the perimeter and within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair.
• One-time maintenance: A budget of $250,000 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $287.32 to $316.05. • The total annual assessment income will equal $168,770.70. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 10 - Eden Shores
Fund 277, Project 3750
Established 2003, 534 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,184.04 1,265.04 1,265.04 1,332.08 b. Annual Per Parcel Assessment: 265.66 278.94 287.32 316.05 c. # of Parcels 534 534 534 534
d. Total Amount Assessed for the District: 141,862 148,954 153,429 168,771 Income
a. Annual Assessment Revenue 142,785 149,511 153,429 168,771 b. Minus County Tax Collection Fee (1.7%) (2,412) (2,532) (2,608) (2,869) c. Other 2,079 (10,281) 2,300 2,600
d. Total Revenue: 142,453 136,697 153,121 168,502
Services
a. Utilities: Water 31,378 20,433 23,000 33,000
b. Utilities: PGE 338 395 400 500
c. Landscape Maintenance - ES HOA 30,492 35,380 33,000 33,990 d. Park Maintenance - HARD 75,536 75,536 79,000 79,000
e. One-Time Project/Maintenance 7,065 5,000 250,000
f. Graffiti Abatement 717 - 1,000 6,000
g. Property Owner Noticing 172 218 260 268
h. Annual Reporting 635 1,163 1,187 1,223
i. City Administration 4,200 4,326 4,456 4,589
j. Total Expenditures: 150,533 137,450 147,303 408,570
Account Balance
a. Beginning Account Balance: 480,532 472,453 471,700 477,518 b. Net Change (Revenue - Expenditures) (8,080) (753) 5,818 (240,068) c. Ending Account Balance: 472,453 471,700 477,518 237,450 City of Hayward
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Engineer’s Report, FY 2024

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Zone 11 (Stonebrae Country Club)
Tract Nos. 5354, 8356
Formed: July 18, 2006
Resolution Number: 06-096
FY 2024
Maximum Base Assessment Rate: $1,889.38
Assessment Amount per Parcel (Developed): $374.48
Assessment Amount per Parcel (Future Development): $198.48 Number of Parcels: 644
Assessment Income: $238,701.04
Note: Ten new parcels were added in FY 2022. Fourteen parcels of the Stonebrae Country Club development are scheduled for future development. Future development parcels are assessed at 53% of the developed parcel rate.

FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2006.
• Increased from the previous year from $1,794.28 to $1,889.38 per parcel by CPI.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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• Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA (5.30% for the period February 2022 to February 2023). • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2024 Assessment and Income
Assessment Rate (annual charge per parcel) and Income
• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.
• The per parcel charge for Developed parcels will increase from the previous year from $340.44 to $374.48.
• The per parcel charge for Future Developed parcels will increase from the previous year from $180.43 to $198.47.
• In FY 2017, the assessment rate was reduced 58% from $379 to $156, as expenses were stable, and the account balance was healthy. However, since that time, expenses have increased, to include water, general maintenance, and ongoing upkeep of the district.

The increase in costs, along with use of the account balance has necessitated the need to increase rates annually since the initial decrease in FY 2017. • The total annual assessment income will equal $238,701.04. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Services
The Stonebrae Homeowners Association (HOA) administers the landscape maintenance contract for the zone. The HOA invoices the City quarterly for reimbursement of expenses authorized in the benefit district zone budget.

Services for this assessment zone include:
• Landscaping and irrigation: of median, park strips, parkway improvements, and multiuse pathway improvements along Fairview Ave., Carden Lane, Hayward Blvd., Stonebrae Country Club Dr., and the access road to the City water tank; • Slope maintenance: along Carden Lane, Fairview Ave., Hayward Blvd., and Stone Country Club Dr.;
• Wall maintenance: of decorative walls facing Fairview Ave. and Hayward Blvd. but not including the view fence of the lots along Fairview Ave. This maintenance includes painting, cleaning, graffiti removal, and replacement of the improvements if needed; • Street and landscape lighting: along Fairview Ave., Carden Lane, Hayward Blvd.; and along the frontage of the school at the intersection of Hayward Blvd./Stonebrae Country;
• Club Drive and Carden Lane: this maintenance includes electrical costs, and replacement of the improvements if needed;
• One-time maintenance: The following improvements are planned: 1) Installation of weather-based irrigation controllers to better schedule and monitor water usage. 2) Annual tree fertilization and tree trimming. 3) Annual replenishment of mulch.

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

Pursuant to the original 2002 Vesting Tentative Map for Stonebrae, Village C was anticipated to have 71 single-family lots. On July 5, 2017, the Final Map for Village C was recorded, which updated the number of single-family lots to 96. It should be noted that the Stonebrae development was originally approved for 650 total units. A total of 538 lots have been previously created. With the addition of the 96 Village C lots and the existing 538 lots in the other Villages, the total number of lots increased to 634. On October 6, 2020, City Council approved a Final Map of Tract 8518, subdividing a 20-acre site into 10 single family lots, increasing the total number of lots to 644. The current development phase consists of 630 single-family parcels (increased from 617 in FY 2022). The future development phases will consist of the remaining 14 single-family parcels (decreased from 15 in FY 2023).

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 11 - Stonebrae Country Club Fund 279, Project 3731
Established 2006, 644 Parcels (10 Parcels added in 2021) FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,679.39 1,705.76 1,794.28 1,889.38 Developed Parcels
b. Annual Per Parcel Assessment: 314.78 330.52 340.44 374.48 c. # of Parcels 581 617 629 630
d. Total Amount Assessed: 182,887 203,931 214,137 235,922 Future Development Parcels - 53%
e. Annual Per Parcel Assessment 166.83 175.18 180.43 198.47 f. # of Parcels 53 27 15 14
g. Total Amount Assessed: 8,842 4,730 2,706 2,779
h. Total Amount Assessed for the District: 191,729 208,661 216,843 238,701 Income
a. Annual Assessment Revenue 191,729 208,661 216,843 238,701 b. Minus County Tax Collection Fee (1.7%) (3,259) (3,547) (3,686) (4,058) c. Other 3,500 9,699 3,500 3,500
d. Total Revenue: 191,970 214,813 216,657 238,143
Services
a. Utilities: Water 87,597 104,497 132,000 145,200
b. Utilities: PGE 9,064 12,392 13,000 13,390
c. Landscape Maintenance 39,134 74,194 76,420 78,712
d. One-Time Project/Maintenance 39,633 2,577 70,500 72,500 e. Property Owner Noticing 393 512 550 567
f. Annual Reporting 553 1,012 1,187 1,223
g. City Administration 3,400 3,090 3,183 3,278
h. Total Expenditures: 179,774 198,275 296,839 314,869
Account Balance
a. Beginning Account Balance: 435,458 447,654 443,691 363,508 b. Net Change (Revenue - Expenditures) 12,196 16,538 (80,182) (76,726) c. Ending Account Balance: 447,654 443,691 363,508 286,782 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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Zone 12 (Spindrift - Eden Shore East)
Tract Nos. 7489, 7708 & 8148
Formed: May 15, 2007
Annexed Tract No. 8148: June 21, 2016
Resolution Number: 07-031 & 16-065
FY 2024
Maximum Base Assessment Rate: $250.34
Assessment Amount per Parcel: $98.26
Number of Parcels: 379
Assessment Income: $37,240.54
Annexation to Zone 12 – Spindrift at Eden Shores (Tract 8148) On June 21, 2016, the City Council approved the annexation of the Spindrift at Eden Shores Project into existing Zone 12 of LLAD 96-1. A total of 118 new lots were created and added to existing Zone 12. The new additions to Zone 12 will be assessed in a manner similar to the existing 261 lots in Zone 12 once developed, which currently pay for the maintenance of improvements at the Alden E. Oliver Sports Park.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel).

Eden Shores East:
• Originally set when the zone was created in 2007.
• Increased from the previous year from $237.76 to $250.34 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA, (5.30% for the period February 2022 to February 2023). • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

Spindrift Annexation:
• Originally set when the zone was created in 2016.
• Increased from the previous year from $232.80 to $239.80 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA, (4.88% for the period December 2021 to December 2022) and the unused CPI carried over from previous fiscal years is 1.65%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%. • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services for this assessment zone include:

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

Assessment Rate (annual charge per parcel) and Income
• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.
• The per parcel charge for Developed parcels will increase from the previous year from $92.70 to $98.26.
• The total annual assessment income will equal $37,240.54. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 12 - Spindrift (Eden Shores East) Fund 278, Project 3732
Established 2007, 2016; 379 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
Original Zone, Established 2007, 261 parcels - CPI - Feb to Feb a. Maximum Base Assessment Amount: 222.53 226.02 237.74 250.34 b. Annual Per Parcel Assessment: 90.00 90.00 92.70 98.26 c. # of Parcels 261 261 261 261
d. Total Amount Assessed: 23,490 23,490 24,195 25,646
Spindrift Annexation, Added FY 2017, 118 Parcels - CPI Dec to Dec e. Maximum Base Assessment 219.45 226.03 232.80 239.80
Developed Parcels
f. Annual Per Parcel Assessment: 90.00 90.00 92.70 98.26 g. # of Parcels 107 118 118 118
h. Total Amount Assessed: 9,630 10,620 10,939 11,595
Future Development Parcels: 30%
i. Annual Per Parcel Assessment: 27
j. # of Parcels 11 - - -
k. Total Amount Assessed: 297 - - -
l. Total Amount Assessed for the District: 33,417 34,110 35,133 37,241 Income
a. Annual Assessment Revenue 33,417 34,110 35,133 37,241 b. Minus County Tax Collection Fee (1.7%) (568) (580) (597) (633) c. Other 150 603 150 150
d. Total Revenue: 32,999 34,133 34,686 36,757
Services
a. Contribution to Park Maintenance 32,888 32,888 34,000 34,000 b. Property Owner Noticing 236 346 350 361
c. Annual Reporting 635 1,163 1,032 1,063
d. City Administration 1,200 1,236 1,273 1,311
e. Total Expenditures: 34,959 35,632 36,655 36,735
Account Balance
a. Beginning Account Balance: 23,295 21,335 19,273 17,304 b. Net Change (Revenue - Expenditures) (1,960) (1,499) (1,969) 23 c. Ending Account Balance: 21,335 19,273 17,304 17,326
City of Hayward
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Engineer’s Report, FY 2024

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Zone 13 (Cannery Place)
Tract Nos. 7613, 7625, 7748 & 7749
Formed: June 17, 2008
Resolution Number: 08-0901
FY 2024
Maximum Base Assessment Rate: $1,420.74
Assessment Amount per Parcel: $394.13
582 Condominium Style Units, 16 Duets, and One Commercial Retail Parcel Assessment Income: $234,470.44
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2008.
• Increased from the previous year from $1,349.22 to $1,420.74 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA (5.30% for the period February 2022 to February 2023). • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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FY 2024 Assessment and Income
FY 2024 Services
Services for this assessment zone include:
• Park Maintenance: includes approximately five (5) acres of park area encompassing landscaping and irrigation, and playground equipment, and maintenance of a historic water tower within the development;
• Landscaping and irrigation: includes park strips and parkway within the development; • Surface maintenance: of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• Maintenance: of street trees;
• Maintenance: of paved walkways;
• One-time maintenance: A budget of $125,000 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge for Developed parcels will increase from the previous year from $371.82 to $394.13.
• The total annual assessment income will equal $234,470.44. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2024

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City of Hayward
Landscape and Lighting District Zone 13 - Cannery Place Fund 281, Project 3733
Established 2008, 599 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,262.84 1,282.66 1,349.23 1,420.74 b. Annual Per Parcel Assessment: 361.00 361.00 371.82 394.13 c. # of Parcels 599 599 599 599
d. Total Amount Assessed for the District: 216,239 216,239 222,720.18 236,084 Income
a. Annual Assessment Revenue 219,373 215,622 222,720 236,084 b. Minus County Tax Collection Fee (1.7%) (3,676) (3,676) (3,786) (4,013) c. Other 2,460 (13,544) 2,300 2,400
d. Total Revenue: 218,157 198,402 221,234 234,470
Services
a. Utilities: Water 59,688 61,555 70,000 80,000
b. Utilities: PGE 6,361 8,829 9,000 9,500
c. Landscape Maintenance 55,080 73,440 75,643 77,912
e. Graffiti Abatement - - - 7,000
f. One Time Project/Maintenance 27,005 8,522 42,000 125,000 g. Calsense Air Time - Five Year Maint - 25,000
h. Property Owner Noticing 392 448 525 541
i. Annual Reporting 553 1,012 1,032 1,063
j. City Administration 4,200 4,326 4,456 4,589
k. Total Expenditures: 153,279 158,132 202,656 330,606
Account Balance
a. Beginning Account Balance: 544,965 609,843 650,112 668,690 b. Net Change (Revenue - Expenditures) 64,878 40,270 18,578 (96,135) c. Ending Account Balance: 609,843 650,112 668,690 572,555 City of Hayward
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Engineer’s Report, FY 2024

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Zone 14 (La Vista)
Tract Nos. 7620
Formed: June 14, 2016
Resolution Number: 16-044
FY 2024
Maximum Base Assessment Rate: $725.28
Assessment Amount per Developed Parcel: $683.65
Number of Parcels: 179
Assessment Income: $122,373.35
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2016.
• Increased from the previous year from $704.16 to $725.28 per parcel by CPI-U. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA, (4.88% for the period December 2021 to December 2022) and the unused CPI carried over from previous fiscal years is 1.65%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%. • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 2024 Assessment and Income
FY 2024 Services
Services for this assessment zone include:
• Landscaping and irrigation: of the public right of ways of Tennyson Rd., Vista Grande Dr., Cantera Dr., Mountain View Dr., Fortuna Way, and Alquire Pkwy, and firebreak landscaping along the perimeter of the backside of the development. Such landscaping consists of the care for groundcover, shrubs, trees, weed abatement in planted areas, upkeep and servicing of the irrigation system, and utility costs to service the landscaping;
• Surface maintenance: of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; • Maintenance: of street trees;
• Maintenance: of bioswales and tree filters;
• Maintenance: of street lighting;
• Maintenance: of private paved trails east of Alquire Parkway.

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will remain the same from the previous year at $683.65. • The total annual assessment income will equal $122,373.35. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

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City of Hayward
Landscape and Lighting District Zone 14 - La Vista
Fund 282, Project 3751
Established 2016, 179 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 663.74 683.65 704.16 725.28 Developed Parcels
b. Annual Per Parcel Assessment: 663.74 683.65 683.65 683.65 c. # of Parcels 174 179 179 179
d. Total Amount Assessed: 115,491 122,373 122,373 122,373 Future Development Parcels: 30%
e. Annual Per Parcel Assessment: 199.20
f. # of Parcels 5 - - -
g. Total Amount Assessed: 996 - - -
h. Total Amount Assessed for the District: 116,487 122,373 122,373 122,373 Income
a. Annual Assessment Revenue 116,487 122,373 122,373 122,373 b. Minus County Tax Collection Fee (1.7%) (1,980) (2,080) (2,080) (2,080) c. Other 375 4,813 350 350
d. Total Revenue: 114,881 125,106 120,643 122,373
Services
a. Utilities: Water - 32,406 36,000 39,600
b. Utilities: PGE 1,396 1,500 2,500
c. Landscape Maintenance 23,040 42,240 48,000 49,440
d. One-Time Capital Project/Maintenance - - 23,000 45,000 e. Property Owner Noticing 116 147 400 412
f. Consultant/Annual Reporting 553 1,012 1,032 1,063
g. City Administration 4,200 4,326 4,456 4,589
h. Total Expenditures: 29,305 80,131 114,388 142,605
Account Balance
a. Beginning Account Balance: 105,459 191,036 227,744 233,999 b. Net Change (Revenue - Expenditures) 85,576 44,975 6,255 (20,231) c. Ending Account Balance: 191,036 227,744 233,999 213,768 City of Hayward
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Zone 15 (Cadence)
Tract No. 8032
Formed: January 17, 2017
Resolution Number: 17-001
FY 2024
Maximum Base Assessment Rate: $703.34
Assessment Amount per Parcel: $0.00
Number of Parcels: 206
Assessment Income: $0.00
This benefit zone is self-maintained by the property owner. If the park is maintained, no assessment amount will be charged.

FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2017.
• Increased from the previous year from $682.86 to $703.34 per parcel by CPI-U. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA, (4.88% for the period December 2021 to December 2022) and the unused CPI carried over from previous fiscal years is 0%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

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FY 2024 Assessment and Income
Assessment Rate (annual charge per parcel) and Income
• The annual assessment rate is recommended to remain the same based on the City’s analysis of the financial stability of the zone.
• The per parcel charge will remain the same at zero. AMCAL has entered in contract with Bella Vista Landscape Services, Inc. (CCL # 805462) to maintain the Park in good repair and working order, and in a neat, clean, and orderly condition. AMCAL is responsible for the annual payment of the District Management cost and reimbursement to the City for the Engineer’s Report. Thus, each of the 206 parcels will be assessed at $0.00 per parcel. The Assessment District ensures adequate funding is available for the maintenance of the Park should the Developer default, not meet the maintenance standards, or if the property is sold, and the City assumes maintenance of the park
• The total annual assessment income will equal zero pursuant to the Owners Participation Agreement (OPA) for the Cadence Development. Per the OPA, AMCAL Hayward LLC (AMCAL) is responsible for the maintenance Cadence Public Park in perpetuity or for the life of the agreement. As required in Section 8.12 of the OPA, AMCAL submitted their annual Park Maintenance Plan to the City for review and approval.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance. • In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.
• Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2024 Services
Services provided to this assessment zone include:
• Maintenance: of the Park in good repair and working order; and in a neat, clean, and orderly condition.

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Zone 16 (Blackstone)
Tract Nos. 7894
Formed: May 17, 2016
Resolution Number: 16-044
FY 2024
Maximum Base Assessment Rate: Zone A: $501.60, Zone B: $526.68 Assessment Amount per Parcel – Zone A: $501.60, Zone B: $526.68 Number of Parcels: 157
Assessment Income: $79,353.12
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2016.
• Zone A: Increased from the previous year from $487.00 to $501.60 per parcel by CPI. • Zone B: Increased from the previous year from $511.34 to $526.68 per parcel by CPI. • Includes an annual inflation increase: Yes, includes CPI-U for the San FranciscoOakland-Hayward MSA, (4.88% for the period December 2021 to December 2022) and the unused CPI carried over from previous fiscal years is 1.65%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%. • Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 2024 Assessment and Income
FY 2024 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: of park strips and setback landscaping along frontages of Burbank Street and Palmer Avenue;
• Surface maintenance: of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; • Park Maintenance: approximately two (2) acres of park area which includes landscaping and irrigation, exercise equipment, bocce ball courts, faux bridge, storm water basins and all other park amenities.
• Maintenance: of street trees, streetlights, paved walkways, and cobblestone pathways • One-time maintenance: A budget of $37,580 is allocated for additional maintenance, as required.
• The per parcel rate (Zone A) will increase from the previous year from $482.00 to $501.60.
• The per parcel rate (Zone B) will increase from the previous year from $506.08 to $526.68.
• The total annual assessment income will equal $79,353.12. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is at the Maximum Base Assessment.

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City of Hayward
Landscape and Lighting District Zone 16 - Blackstone
Fund 284, Project 3753
Established 2016, 157 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
ZONE A
a. Maximum Base Assessment: 459.05 472.82 487.00 501.60 b. Annual Per Parcel Assessment: 445.68 467.96 482.00 501.60 c. # of Parcels 133 133 133 133
d. Total Amount Assessed: 59,275 62,239 64,106 66,713
ZONE B (5% of Zone A)
e. Maximum Base Assessment: 481.99 496.46 511.34 526.68 f. Annual Per Parcel Assessment: 467.94 491.34 506.08 526.68 g. # of Parcels 24 24 24 24
h. Total Amount Assessed: 11,231 11,792 12,146 12,640
i. Total Amount Assessed for the District: 70,506 74,031 76,252 79,353 Income
a. Annual Assessment Revenue 70,506 74,031 76,252 79,353 b. Minus County Tax Collection Fee (1.7%) (1,235) (1,272) (1,310) (1,349) c. Other 150 3,021 125 100
d. Total Revenue: 69,421 75,781 75,067 78,104
Services
a. Utilities: Water 19,645 17,271 25,000 27,500
b. Utilities: PGE 1,494 2,698 3,400 3,502
c. Landscape Maintenance - 22,000 26,000 26,780
d. One-Time Project/Maintenance - 3,440 22,000 37,580
e. Property Owner Noticing 102 129 175 118
f. Annual Reporting 553 1,012 1,032 1,294
g. City Administration 3,000 3,090 3,183 3,278
h. Total Expenditures: 24,794 49,640 80,790 100,053
Account Balance
a. Beginning Account Balance 96,400 141,028 140,717 134,994 b. Net Change (Revenue - Expenditures) 44,627 26,141 (5,723) (21,949) c. Ending Account Balance: 141,028 140,717 134,994 113,046 City of Hayward
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Zone 17 (Parkside Heights)
Tract Nos. 8233
Formed: June 11, 2019
Resolution Number: 19-128
FY 2024
Maximum Base Assessment Rate: $594.78
Assessment Amount per Parcel (Developed): $555.12
Number of Parcels: 97
Assessment Income: $53,846.64
FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2019.
• Increased from the previous year from $564.86 to $594.78 per parcel by CPI. • Includes an annual inflation increase: Yes, includes February CPI-U for the San Francisco-Oakland-Hayward MSA 5.30% for the period February 2022 to February 2023).
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 2024 Assessment and Income
FY 2024 Services
Assessment Rate (annual charge per parcel) and Income
• The annual assessment rate is recommended to remain the same based on the City’s analysis of the financial stability of the zone.
• The per parcel charge will increase from the previous year from $528.69 to $555.12. • The total annual assessment income will equal $53,846.64. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.
• The current assessment rate is below the Maximum Base Assessment.

Services provided to this assessment zone include:
• Landscaping and irrigation: of groundcover, trees, and other landscaped areas along the public trail and undeveloped public open space along Ward Creek. • Surface maintenance: This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;
• Maintenance: of public trail trees;
• Maintenance: of trail signage;
• Maintenance: of paved public trail and permeable pavers; City of Hayward
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City of Hayward
Landscape and Lighting District Zone 17 - Parkside Heights Fund 290, Project 3754
Established 2019, 97 Parcels
FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 528.69 536.99 564.86 594.78 b. Developed Parcels
c. Annual Per Parcel Assessment: 528.69 528.69 528.69 555.12 d. # of Parcels 32 97 97 97
e. Total Amount Assessed for the District: 16,918 51,283 51,283 53,847 f. Future Development Parcels (30%)
g. Annual Per Parcel Assessment 158.61 158.61 169.46 178.43 h. # of Parcels 65 - - -
i. Total Amount Assessed for the District: 10,309 - - - j. Total Amount Assessed 27,228 51,283 51,283 53,847
Income
a. Annual Assessment Revenue 27,228 51,283 51,283 53,847 b. Minus County Tax Collection Fee (1.7%) (463) (872) (872) (915) c. Other - 1,688 3,800 2,500
d. Total Revenue: 26,765 52,099 54,211 55,431
Services
a. Utilities: Water - - 4,000 4,400
b. Utilities: PGE - - 1,000 1,030
c. Landscape Maintenance - - 37,000 45,000
d. One-Time Project Maintenance - 5,000 4,500
e. Property Owner Noticing 43 75 500 515
f. Annual Reporting 553 1,012 1,032 1,063
g. City Administration 3,000 3,090 3,183 3,278
h. Total Expenditures: 3,596 4,178 51,715 59,786
Account Balance
a. Beginning Account Balance: 14,940 38,109 83,047 85,543 b. Net Change (Revenue - Expenditures) 23,169 47,921 2,496 (4,355) c. Ending Account Balance: 38,109 83,047 85,543 81,188
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Zone 18 (SoHay)
Tract Nos. 8428, 8444, 8445, 8446, 8447
Formed: June 11, 2019
Resolution Number: 19-130
FY 2024
Maximum Base Assessment Rate: Zone A: $453.66, Zone B: $430.98 Assessment Amount per SFE (Developed): Zone A: $300.00, Zone B: $285.00 Assessment Amount per SFE (Undeveloped): Zone A: $90.00 Zone B: $85.50 Number of Parcels: 433 SFE
Assessment Income: $117,915.00
Note: 33 Single Family Equivalent (SFE) of the SoHay development are scheduled for future development. Future development parcels are assessed at 30% of the developed parcel rate.

The development is anticipated to be completed by FY 2024. Landscape maintenance of the area is anticipated to be turned over to the City in FY 2024.

FY 2024 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel). • Originally set when the zone was created in 2019.
• Zone A: Increased from the previous year from $430.82 to $453.66 per parcel by CPI. • Zone B: Increased from the previous year from $409.28 to $430.98 per parcel by CPI.

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• Includes an annual inflation increase: Yes, includes February CPI-U for the San Francisco-Oakland-Hayward MSA (5.30% for the period February 2022 to February 2023).
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2024 Assessment and Income
Assessment Rate (annual charge per parcel) and Income
• The rate per SFE (Zone A - Developed) will remain the same as the previous year at $300.00.
• The rate per SFE (Zone A - Undeveloped) will remain the same as the previous year at $90.00.
• The rate per SFE (Zone B - Developed) will remain the same as the previous year at $285.00.
• The rate per SFE (Zone B - Undeveloped) will remain the same as the previous year at $85.50.
• The total annual assessment income will equal $117,915.00. • The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.
• The assessments are apportioned among all lots and parcels within the Assessment Area based on Single-Family Equivalent (SFE). Townhomes are assigned 1.0 SFE, apartments are assigned 0.43 SFE per apartment unit, and commercial is assigned 0.50 SFE per 0.20 acres.
• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

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FY 2024 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: of park groundcover, trees, and other landscaped areas; • Surface maintenance: of the masonry walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; • Park Maintenance: approximately two (2) acres of park area which includes landscaping and irrigation, play structures, basketball court, bike racks, fencing and all other park amenities;
• Maintenance: of park lighting and signage;
• Maintenance: of concrete sidewalks and other paved or concrete surface within the park;
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City of Hayward
Landscape and Lighting District Zone 18 - SoHay
Fund 291, Project 3755
Established 2019, 433 SFE (Incl 2 Commercial parcels and 1 apt complex) FY 2021 FY 2022 FY 2023 FY 2024
Budget Detail Actual Actual Estimated Proposed
Assessment
Zone A
Maximum Base Assessment Amount: 403.24 409.57 430.82 453.66 a. Developed Parcels
b. Annual Assessment per SFE 403.24 50.00 300.00 300.00 c. # of SFE 75 192 261 261
d. Total Amount Assessed: 30,243 9,600 78,288 78,300
e. Future Development Parcels: 30%
f. Annual Assessment per SFE 120.97 15.00 90.00 90.00
g. # of SFE 186 69 - -
h. Total Amount Assessed: 22,501 1,035 - -
Zone B (95% of Zone A)
Maximum Base Assessment Amount: Zone B 383.08 389.09 409.28 430.98 k. Developed Parcels:
l. Annual Assessment per SFE 383.08 47.50 285.00 285.00 m. # of SFE - 79 93 139
n. Total Amount Assessed: - 3,752 26,505 39,615
o. Future Development Parcels: 30%
p. Annual Assessment per SFE 114.92 14.25 85.50 85.50
q. # of SFE 172 93 79 33
r. Total Amount Assessed: 22,501 1,035 6,755 -
s. Total Amount Assessed for the District: 75,245 15,422 111,548 117,915.00 Income
a. Annual Assessment Revenue 75,245 15,422 111,548 117,915 b. Minus County Tax Collection Fee (1.7%) (1,279) (262) (1,896) (2,005) c. Other 50 2,621 - -
d. Total Revenue: 74,015 17,781 109,651 115,910
Services
a. Utilities: Water 10,000 11,000
b. Utilities: PGE 200 206
c. Landscape Maintenance 75,000
d. Other Repair/Maintenance 7,000
e. Property Owner Noticing 68 201 500 515
f. Annual Reporting 553 1,012 1,032 1,063
g. City Administration 1,600 1,600 1,648 1,697
h. Total Expenditures: 2,221 2,813 13,380 96,482
Account Balance
a. Beginning Account Balance: 49,778 121,572 129,940 226,211 b. Net Change (Revenue - Expenditures) 71,794 14,968 96,271 19,429 c. Ending Account Balance: 121,572 129,940 226,211 245,640 City of Hayward
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Assessment
WHEREAS, the City Council of the City of Hayward, County of Alameda, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), and in accordance with the Resolution of Intention, being Resolution No. XX-XX, preliminarily approving the Engineer’s Report, as adopted by the City Council of the City of Hayward, on June 6, 2023.

WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District, and an assessment of the estimated costs of the improvements upon all assessable parcels within the Assessment District, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the City Council of the City of Hayward, hereby make the following assessments to cover the portion of the estimated cost of Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

As required by the Act, an Assessment Diagram is hereto attached and made a part hereof showing the exterior boundaries of the Assessment District. The distinctive number of each parcel or lot of land in the Assessment District is its Assessor Parcel Number appearing on the Assessment Roll.

I do hereby assess and apportion said net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Assessment District, in accordance with the special benefits to be received by each parcel or lot from the improvements, and more particularly set forth in the Estimate of Costs and Method of Assessment hereto attached and by reference made a part hereof.

The assessments are made upon the parcels or lots of land within Assessment District, in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements.

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the FY 2024. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the Alameda County Recorder Office.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the FY 2024 for each parcel or lot of land within said Landscaping and Lighting Assessment District No. 96-1.

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Dated: May 10, 2023
Engineer of Work
By
John W. Bliss, License No. C52091
City of Hayward
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Vicinity Map
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Assessment Diagram
The boundary of the City of Hayward’s Landscaping & Lighting Assessment District No. 96-1 is completely within the boundaries of the City of Hayward. The Assessment Diagram which shows the eighteen (18) zones is on file in the Office of the City Clerk of the City of Hayward. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Alameda, for the year when this report was prepared, and are incorporated by reference herein and made part of this report.

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CITY OF HAYWARD Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-325
DATE: June 6, 2023
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2024 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 27, 2023, as the Public Hearing Date

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) to preliminary approve the Engineer’s Report and levy assessments for Fiscal Year 2024 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit located at Pacheco Way, Stratford Road, and Ruus Lane, and set June 27, 2023 as the Public Hearing date.

SUMMARY
This report is being provided, as required by the Hayward Municipal Code, to preliminarily approve the Engineer’s Report, to include the FY 2024 annual assessment and budget for Maintenance District No. 1 (MD 1).

Following construction of the facility, the Alameda County Flood Control District (County) was asked to take over ownership and maintenance of the facility since the County operated similar facilities within the City and the County. The agreement signed by both parties calls for the City to act as an intermediary, using District funds to reimburse the County for annual expenses and supply District funds annually for a capital replacement fund.

The FY 2024 assessment charged to the 174 property owners is being recommended to be levied at the maximum amount allowed by law ($243.92), which is the same as the previous year. The District’s account balance is currently negative, and staff will be analyzing options to remedy the deficit account CITY OF HAYWARD Page 1 of 2 Printed on 6/2/2023
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File #: CONS 23-325
balance. The negative balance can be contributed to the following factors:

1. The District was formed without the inclusion of an annual inflation factor in its Maximum Base Assessment Rate calculation.

2. Maintenance & Operation (M&O) charges from the County are inconsistent, and in recent years have gotten larger.

3. The Countywide System Upgrade charge to this district is $503,980.

4. The recent Proposition 218 Election to increase the assessment did not pass.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer’s Report
CITY OF HAYWARD Page 2 of 2 Printed on 6/2/2023
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DATE: June 6, 2023
TO: Mayor and City Council
FROM: Maintenance Services Director
SUBJECT: Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2024 for Maintenance District No. 1 – Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 27, 2023, as the Public Hearing Date

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) to preliminary approve the Engineer’s Report and levy assessments for Fiscal Year 2024 for Maintenance District No. 1 – Storm Drainage Pumping Station and Storm Drain Conduit located at Pacheco Way, Stratford Road, and Ruus Lane, and set June 27, 2023 as the Public Hearing date).

MD 1 was formed in 1995 as a financial funding mechanism to fund the ongoing operation, maintenance, repair, and replacement of a Storm Water Lift Station (SWLS) in perpetuity. The SWLS was built by the developer as a condition of development for construction of the Stratford Village neighborhood. The SWLS is the only privately built SWLS in the City, built only to service the Stratford Village neighborhood. Following construction of the facility, the Alameda County Flood Control District (County) was asked to take over ownership and maintenance of the facility since the County operated similar facilities within the City and the County. The agreement signed by both parties calls for the City to act as an intermediary, using District funds to reimburse the County for annual expenses and supply District funds annually for a capital replacement fund.

The FY 2024 assessment charged to the 174 property owners is being recommended to be levied at the maximum amount allowed by law ($243.92), which is the same as the previous year. The District’s account balance is currently negative, and staff will be analyzing options to remedy the deficit account balance. The negative balance can be contributed to the following factors:

1. The District was formed without the inclusion of an annual inflation factor in its Maximum Base Assessment Rate calculation.

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2. Maintenance & Operation (M&O) charges from the County are inconsistent, and in recent years have gotten larger.

3. The Countywide System Upgrade charge to this district is $503,980.

4. The recent Proposition 218 Election to increase the assessment did not pass.

5. BACKGROUND
Annual Report Compliance
In compliance with Section 10-10.25 of the Hayward Municipal Code, an annual Engineer’s Report is required to be submitted to the Council. The report is attached (Attachment III) and includes:

1. Description of the improvements to be operated, maintained, and serviced;

2. FY 2024 recommended budget;

3. FY 2024 maximum base assessment rate;

4. FY 2024 recommended assessment rate; and

5. Map of the benefit zone (assessment diagram).

Formation
On June 6, 1995, the Council ordered the formation of MD 1 to provide for the maintenance, operation, and capital repair and replacement of storm drainage improvements. A Storm Water Lift Station (SWLS) was constructed to pump storm water run-off outside the neighborhood and into a flood control channel (Ward Creek). The drainage basin includes 29.1 acres, of which 24.7 acres are residential, 1.9 acres are for a park site, and 2.5 acres are for the collector streets of Stratford Road and Ruus Lane. Pacheco Way does not drain into this basin system nor does the industrial property to the south. The total number of lots in the drainage basin is 174. The original assessment rate did not include an annual inflation factor, which impedes the District’s ability for revenue to keep up with expenses.

Following construction of the facility, the Alameda County Flood Control District (County) was asked to take over ownership and maintenance of the facility since the County operated similar facilities within the City and the County. The agreement signed by both parties calls for the City to act as an intermediary, using District funds to reimburse the County for annual expenses and supplying annual District funds to be deposited into a capital replacement fund. The storm water pumping facility includes a masonry building that houses the Supervisory Control and Data Acquisition (SCADA) System, generator, and four pumps.

Static, Unchangeable Maximum Base Assessment Rate
As part of any district formation, a base annual M&O budget is established, along with a capital replacement estimate. These figures form the basis for the Maximum Base Assessment (MBA) rate, which is the maximum charge that a parcel can be assessed annually. As costs generally increase over time by inflation, many district MBAs include an annual inflation factor in the original calculation so that the assessment revenue can keep up with increases in expenses. In the case of

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this district, an inflation adjustment factor was not included in the original calculation; therefore, the MBA cannot be increased without holding a successful Proposition 218 ballot election.

Countywide System Upgrade
In 2018, the County notified the City of its Countywide System Upgrade Project. Stratford Village’s SWLS cost for this upgrade now totals $503,980. During the FY 20191, FY 20202, and FY 20213 annual reports, staff advised the Council of the proposed County charges as the estimates were provided to the City. Since the last report, the County has informed the City of another $42,281 consultant bill.

Failed Proposition 218 Election
On May 4, 2021, the Council initiated a Proposition 218 election, with results tallied on June 22, 2021. The majority of the property owners who submitted ballots rejected a low-interest, longrepayment term $379,000 transfer of funds to pay for needed capital improvements, and to add an annual inflation factor to the maximum amount that can be charged annually. The measure overwhelmingly failed, with 69% of ballots cast (45/65) rejecting the increased assessment and inclusion of an annual inflation factor.

DISCUSSION
This district was established 26 years ago and did not include an inflation factor adjustment for revenue so that income could keep pace with expenditures. Over the years, the district has struggled to pay for basic M&O costs and contribute to a capital reserve, as seen below.

M&O is performed by the County under contract. Over the years, charges for M&O have been inconsistent. In FY 2017 and 2018, M&O charges had increased so much that the City delayed payment for one year to have discussions with the County.

In April 2018, the County alerted the City of additional Stratford Village SWLS District costs. The County advised that they had commissioned consultants to complete a Pump Station Equipment Condition Assessment and were purchasing a new SCADA system which required design and construction consultants. The consultant studies and construction were systemwide, with the Stratford Village SWLS District’s charges totaling $503,980 as shown on the following page To date, two (2) payments have been made, which resulted in the depletion of the District’s capital reserve fund, leaving an outstanding balance of $379,770.

1 URL – PH 18-014, MD1 FY 2019 Annual Report (June 26, 2018) 2 URL – PH 19-040, MD 1 FY 2020 Annual Report (June 4, 2019) 3 URL – PH 20-050, MD 1 FY 2021 Annual Report (June 23, 2020)

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Stratford Village SWLS District - Portion of Countywide System Upgrade4 Initial Consultant Fee (paid FY 2020) $87,597
Second Consultant Fee (paid FY 2021) $36,613
SCADA Construction $255,000
Equipment Rehabilitation (0-5 Years) $49,248
Equipment Rehabilitation (5-10 Years) $33,241
Third Consultant Fee5 $42,281
Total Cost $503,980
Less: Payments Made ($124,210)
Remaining Unpaid Balance $379,770
(Legend: Paid, Unpaid)
For FY 2024, the District will collect a net annual amount of $41,721. For FY 2024, the District will budget $48,560 in annual expenses (which includes the County estimated M&O amount of $44,856). The estimated FY 2024 ending balance is projected to be in a net negative position, as shown below.

FY 2024 Budget (Does not include $379,770 unpaid estimate from above) Starting Balance -$26,075
Net Revenue $41,721
Net Expenditures $48,560
Difference $-6,840
Ending balance -$32,915
This District does not currently have the funds, nor the ability to generate additional funds, to pay the outstanding Countywide System Upgrade Project costs. Staff has exhausted current options, which included a request for a long-term payment option from the County and/or a successful Proposition 218 Election. City staff will continue to work with Alameda County Flood Control District on solutions for the long-term solvency of the District. In addition to working with the County, staff is considering all remedies available to ensure that district assessments can adequately fund current and future maintenance, operation, and capital repairs as designed when the District was created. As part of this work, staff will lead a series of additional community meetings with a focus on community education that culminates with another Prop 218 election. To ensure the longterm fiscal and operational stability of the District, the City will consider other options, up to and including the possibility of dissolution of the District, if the Prop 218 election is unsuccessful.

FISCAL IMPACT

4 Reference: Attachment IV – County FY 2022 Annual Report, Stratford Village Storm Water Lift Station, dated February 2021.
5 Reference: Attachment V – County Invoice dated April 13, 2021.

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Staff has evaluated the District’s operating balance and confirms that the account has a negative balance which will continue to be negative through FY 2024.

PUBLIC CONTACT
City staff: 1) mailed a postcard notice to property owners to let them know of the recommended FY 2024 assessment rate, and to alert them to three Public meetings where they could provide input (May 31, June 6, and June 27); 2) held a virtual community meeting via Zoom on May 31; and 3) will publish a legal notice in the East Bay Times on or before June 17, 2023.

NEXT STEPS
Following this Council meeting, the City of Hayward is proposing to hold a public hearing on June 27, 2023, to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amount as originally proposed or as modified.

Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the Alameda County Auditor’s Office to be included on the FY 2024 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All revenue collected through the assessment must be placed in a special account and can only be used for the purposes stated within this report.

If the City Council adopts the attached resolution of intention, it will hold a noticed public hearing on June 27, 2023, to consider approving the Engineer’s Report and order the levy of assessments for FY 2024.

Prepared by: Manny Grewal, Management Analyst
Recommended by: Todd Rullman, Maintenance Services Director Approved by:
_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 23- _
Introduced by Council Member _________

RESOLUTION OF INTENTION PRELIMINARILY APPROVING THE ENGINEER'S REPORT; DECLARING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2024; AND SETTING JUNE 27, 2023, AS THE PUBLIC HEARING DATE CONCERNING MAINTENANCE DISTRICT NO. 1 - STORM DRAINAGE PUMPING

STATION AND STORM DRAIN CONDUIT - PACHECO WAY, STRATFORD ROAD,

AND RUUS LANE
WHEREAS, Maintenance District No. 1- Storm Drainage Pumping Station and Storm Drain Conduit –Pacheco Way, Stratford Road, and Ruus Lane (the District) was established by the adoption of Resolution No. 95-103 to provide funds to operate, maintain, and service a storm drainage pumping station and storm drain conduit constructed to provide a means of handling storm water runoff for Tracts 6472, 6560, 6682, and 6683; and WHEREAS, the District consists of properties as shown on the Assessment Roll which will be available on file in the Office of the Hayward City Clerk on June 27, 2023; and WHEREAS, it is the intention of the City Council to order the levy and collection of assessments for the maintenance of the storm drainage pumping station and storm drain conduit pursuant to Part 3, Chapter 26 of Division 7 of the California Streets and Highways Code (commencing with Section 5820 thereof).

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

1. SCI Consulting Group is hereby designated as the Engineer of Work for purposes of these proceedings and is hereby ordered to prepare a final Engineer’s Report in accordance with Section 10-10.25 of the Hayward Municipal Code.

2. The Engineer’s Report has been made, filed with the City Clerk, and duly considered by this City Council and is hereby deemed sufficient and intended to be preliminarily approved. Said report shall stand as the report for all subsequent proceedings relating to the proposed levy of the District assessments for Fiscal Year 2024.

3. The proposed assessment for Fiscal Year 2024 is at the maximum base assessment amount of $243.92 per parcel.

ATTACHMENT II

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

5. Public property owned by any public agency and in use in the performance of a public function within said District shall not be assessed, except for Stratford Park, owned by the City of Hayward, which is the only publicly owned property, which will receive a special benefit from the maintenance of the pumping station and storm drains financed by the District.

6. On June 27, 2023, at the hour of 7:00 p.m., a public hearing will be held on the levy of the proposed assessment. Prior to the conclusion of said public hearing, any interested person may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest by a property owner shall contain a description sufficient to identify the property owned by such owner.

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

IN COUNCIL, HAYWARD, CALIFORNIA, June 6, 2023
ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: _____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
Fiscal Year 2024 ENGINEER’S REPORT
City of Hayward
Maintenance District No. 1
May 2023
Preliminary Report

ATTACHMENT III
City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2024
Page i
City of Hayward
City Council
Mark Salinas, Mayor
Angela Andrews, Mayor Pro Tempore
Ray Bonilla Jr., Council Member
Dan Goldstein, Council Member
Julia Roche, Council Member
George Syrop, Council Member
Francisco Zermeño, Council Member
Clerk of the Council
Miriam Lens
City Manager
Kelly McAdoo
City Attorney
Michael Lawson
Engineer of Work
SCI Consulting Group
City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2024
Page ii
Table of Contents
Introduction............................................................................................................... 1 Overview.................................................................................................................................... 1 Legislative Analysis.................................................................................................................... 2 Plans and Specifications ............................................................................................. 4 Introduction............................................................................................................................... 4 Description of Improvements ................................................................................................... 4 Fiscal Year 2024 Estimate of Cost and Budget ............................................................. 5 Estimate of Costs....................................................................................................................... 5 Alameda County Maintenance Contract, Facility Evaluation, & SCADA Upgrade .................... 6 Method of Apportionment......................................................................................... 8 Assessment................................................................................................................ 9 Vicinity Map............................................................................................................. 11 Assessment Diagram ................................................................................................ 12 Appendix A - Assessment Roll................................................................................... 14 City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2024
Page iii
List of Figures
Figure 1 – 2024 Estimate of Cost..................................................................................................... 7 City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2024

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Introduction
Overview
On January 5, 1993, by Resolution No. 93-010, the City Council approved the vesting tentative map of Tract 6472, which authorized the subdivision of land on both sides of Stratford Road into 148 single-family home lots. Conditions of approval for Tentative Map Tract 6472, which included Final Tract Maps 6472, 6560, 6682 and 6683, included provisions for storm drainage improvements and construction of an approved stormwater pumping facility. The drainage area and the stormwater pumping facility were analyzed in documents prepared by Wilsey & Ham, Civil Engineers. These documents indicated the following: the drainage basin includes 29.1 acres, of which 24.7 acres are residential, 1.9 acres are for a park site, and 2.5 acres are for the collector streets associated with Stratford Road and Ruus Lane. Pacheco Way does not drain into this drainage basin system nor does the industrial property to the south.

In addition to the 143 lots identified above, final Tract Map 6682, with a total of 31 lots located immediately to the east of Chutney Road, was also approved. Therefore, the total number of residential lots in the drainage basin is 174. In addition to the residential lots, there is a park located on one parcel of land.

On April 18, 1995, the City Council approve the preliminary Engineer’s report, and on May 23, 1995, a public meeting was held to allow affected property owners an opportunity to speak. On June 6, 1995, by Resolution No. 95-103, the City Council ordered the formation of Maintenance District No. 1 to provide for the operation and maintenance of the storm drainage improvements and the stormwater pumping facility to serve the drainage basin. The FY 1996 Engineer’s Report (formation report) included a FY 1996 Engineer’s Cost Estimate of $42,686.37.

A Storm Water Lift Station (SWLS) was constructed to pump storm water run-off for the developed area which is adjacent to the Alameda County Flood Control and Water Conservation District's (“Flood Control District”) Line B, Zone No. 3A. The plans for the lift station were approved by the City and the Flood Control District. The SWLS was designed with capacity for only the development of the area encompassing the 174 parcels. No added capacity was constructed for run-off from other areas such as the Georgian Manor and Spanish Ranch Mobile Home Parks, which are presently served by a privately owned and operated pumping facility located within each park.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2024

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An agreement between the City and the Flood Control District transferred ownership of the SWLS to the Flood Control District. The agreement states that the Flood Control District concurred with the SWLS transfer subject to the City providing the Flood Control District with the funds to operate, maintain, and provide for capital equipment replacement and for modifications that may become necessary for the optimal performance of the SWLS.

Each year the City evaluates the need to increase the annual assessment to ensure there are adequate funds to continue to provide proper operation, maintenance, and capital replacement of the storm water pumping facilities within Maintenance District No. 1. As part of this effort, no later than December 1, the Flood Control District is required to furnish the City with an itemized estimate of the cost to operate, maintain, and supplement the capital equipment replacement fund for the fiscal year commencing on the next July 1.

Should the capital equipment replacement fund be inadequate to cover unscheduled/emergency repairs, equipment replacement or modifications that are found to be necessary for the normal and safe performance of the Storm Water Lift Station (SWLS), the Flood Control District will provide the City with written notice of the need for additional funding.

Currently there are not sufficient funds to replace the Maintenance District No. 1 capital facilities when they reach the end of their useful lives.

Legislative Analysis
Proposition 218 Compliance
On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote on Taxes Act," which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 established new procedural requirements for the formation and administration of assessment districts.

Proposition 218 stated that any existing assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems, or vector control on or before November 6, 1996, shall be exempt from the procedures and approval process of Proposition 218, unless the assessments are increased.

Maintenance District No. 1 imposes an assessment exclusively for flood control and drainage improvements.

Proposition 218 defines increased, when applied to an assessment, as a decision by an agency that does either of the following:
 Increases any applicable rate used to calculate the assessment.  Revises the methodology by which the assessment is calculated, if that revision results in an increased amount being levied on any person or parcel.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2024

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Hayward City CouncilJune 6, 2023

Hayward City Council
June 6, 2023