Council Packet — Hayward City Council, June 20, 2023 (part 1 of 4)

Tuesday, June 20, 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

June 20, 2023City Council Agenda

SPECIAL JOINT MEETING OF THE CITY COUNCIL AND

HAYWARD PUBLIC FINANCE AUTHORITY BOARD
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 . U s e e C o m m e n t o n t h e C i t y ' s M e e t i n g & A g e n d a C e n t e r w e b p a g e a t :
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 List [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/87366851496?pwd=bDRkVGRWejBqUDRMZitkRVdncEFmUT09 Meeting ID: 873 6685 1496
Password: Cm6/20@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 873 6685 1496
Password: 1540299671
CALL TO ORDER: Mayor/HPFA Chair Salinas
Pledge of Allegiance: Council/HPFA Member Goldstein
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

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June 20, 2023City Council Agenda

CLOSED SESSION ANNOUNCEMENT
June 13, 2023
June 20, 2023

PROCLAMATION
Juneteenth 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.

HAYWARD YOUTH COMMISSION
Hayward Youth Commission: Adopt a Resolution Confirming the Appointment and Reappointment of Hayward Youth
Commission Members (Report from City Clerk Lens)
APPT 23-0021.

Attachments: Attachment I Staff Report
Attachment II Resolution

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June 20, 2023City Council Agenda

CONSENT
Approve the Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority Meeting on June 6, 2023
MIN 23-0722.

Attachments: Attachment I Draft Minutes of 6/6/2023
Adopt an Ordinance Establishing Reach Codes for the City of Hayward; Adopting Chapter 9, Article 8 of the Hayward
Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations); and Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code
CONS 23-3683.

Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with SCI
Consulting Group for Support on the City’s Landscape and Lighting Assessment Districts in a Total Not-to-Exceed Amount of $106,211 and Agreement Effective Date Through Fiscal Year 2028
CONS 23-3204.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing a Joint Application to and Participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a Total Not-to-Exceed Amount of $10 Million, for which the California Environmental Quality Act Does Not Apply
CONS 23-3215.

Attachments: Attachment I Staff Report
Attachment II Resolution

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June 20, 2023City Council Agenda
Adopt a Resolution Preliminarily Approving the Final
Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2024 for Old Highlands Area Road Improvement Assessment District
CONS 23-3306.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III OHHA Final Engineers Report FY 2024
Adopt a Resolution Authorizing the City Manager to
Appropriate Additional Funds in the Amount of $109,531.25 from Measure BB (Local Transportation) Fund 212 for the Hesperian Boulevard and West A Street Protected Intersection, Project No. 05338
CONS 23-3457.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Rejecting the Bid from Nema Construction and Awarding a Construction Contract to Ray’s Electric for the Traffic Signal Upgrade at Jackson Street Project, Project No. 05270 in the Amount of $622,540 in Addition to Approving $62,254 in Administrative Construction Contingency
CONS 23-3488.

Attachments: Attachment l Staff Report
Attachment II Resolution
Attachment III Location Map
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Tartaglia Engineering for Design Services for the Airport Pavement Rehabilitation Project in Total
Not-to-Exceed Contract Amount of $648,000
CONS 23-3539.

Attachments: Attachment I Staff Report
Attachment II Resolution

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June 20, 2023City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Project Sentinel for Fiscal Year 2024 in an Amount Not-to-Exceed $160,000 to Provide Mediation,
Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and
Mobilehome Space Rent Stabilization Ordinance
CONS 23-35810.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and
Maintenance of City Lands
CONS 23-35911.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Master Agreement and Lease
Adopt Resolutions Authorizing the City Manager to (1) Execute an Agreement with MBS Engineering Inc., for Installation of Liquefied Petroleum Gas Pipes in a Not-to-Exceed Amount of $224,321, (2) Amend the Professional Services Agreements with Kitchell CEM for Extended Construction Support Services by $307,000 for a Not-to-Exceed amount of $2,840,000; and (3) with ABC Inspections by $85,000 for a Not-to-Exceed Amount of $1,030,000, for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482
CONS 23-36912.

Attachments: Attachment I Staff Report
Attachment II MBS Resolution
Attachment III Kitchell Amendment Resolution
Attachment IV ABC Amendment Resolution
Adopt a Resolution Approving Plans and Specifications and Call for Bids for The Stack Center - Phase I Project
CONS 23-37113.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map

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June 20, 2023City Council Agenda
Adopt a Resolution Authorizing the City Manager to Enter into a Contract with Aclara Technologies LLC for Sole Source Purchase of AclaraONE Software Upgrade Services for the Advanced Metering Infrastructure (AMI) Implementation
Project for a Period of Three Years with Two, One-Year Options to Extend in an Amount Not-to-Exceed $416,400
CONS 23-38714.

Attachments: Attachment I Staff Report
Attachment II Resolution
Report and Assessment for Delinquent Garbage Bills Incurred by Property Owners of Single-Family Residences (Item
continued to June 27, 2027 City Council meeting)
CONS 23-40915.

PUBLIC HEARING
Utility Rate Adjustments: Adopt a Resolution Amending the Master Fee Schedule and Approving the Proposed FY 2024 and FY 2025 Water, Sewer, Recycled Water Rates and Connection Fees and Finding the Action is Exempt from CEQA Review
(Report from Director of Public Works Ameri)
PH 23-02616.

Attachments: Attachment I Staff Report
Attachment II Utility Rate Increase Resolution
Attachment III Utility Connection Fees Resolution
Attachment IV Top Water Users by Customer Class in 2022

LEGISLATIVE BUSINESS
Military Equipment Use Policy: Review of HPD’s Annual
Military Equipment Use Report July 2022 - March 2023 and Annual Renewal of an Ordinance Approving Military
Equipment Use Policy No. 706 Regarding the Hayward Police Department’s Funding, Acquisition, and Use of “Military Equipment,” as Defined by Assembly Bill 481 (Report from Acting Police Chief Matthews and City Manager McAdoo)
LB 23-02717.

Attachments: Attachment I Staff Report
Attachment II Ordinance 22-06
Attachment III Annual Military Equipment Use Report
Attachmemt IV Military Equipment Use Policy 706
Attachment V Inventory List

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June 20, 2023City Council Agenda
Community Preservation Ordinance: Introduction of an
Ordinance Amending, Chapter 5, Article 7 of the Hayward Municipal Code Regarding Community Preservation Standards and Finding that this Action is Subject to the CEQA Common Sense Exemption (Report from Development Services Director Buizer)
LB 23-01818.

Attachments: Attachment I Staff Report
Attachment II Proposed Ordinance
Attachment III Original Ordinance With Redlined Amendments Refunding Certificates of Participation: Adopt Resolutions Authorizing Issuance of Certificates of Participation in an Amount Not to Exceed $55 Million to Refinance Prior Lease Payment Obligations (Report from Finance Director Gonzales) LB 23-02919.

Attachments: Attachment I Staff Report
Attachment II Council Resolution
Attachment III HPFA Resolution
Attachment IV Draft Trust Agreement
Attachment V Draft Lease Agreement
Attachment VI Draft Site Lease
Attachment VII Draft Assignment Agreement
Attachment VIII Draft Escrow Deposit and Trust Agreement Attachment IX Debt Management Resolution
Attachment X Exhibit 1 Policies Revisions

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June 20, 2023City Council Agenda
Council-Appointed Officers’ Employment Agreements: Adopt Resolutions Approving Amendments to the Employment
Agreements between the City of Hayward and the City Attorney and City Clerk and a Resolution Approving a New Employment Agreement between the City of Hayward and the City Manager and Authorizing the Mayor to Execute the Agreements (Report from Human Resources Director Frye)
LB 23-02620.

Attachments: Attachment I Staff Report
Attachment II Resolution City Attorney
Attachment III Resolution City Clerk
Attachment IV Resolution City Manager
Attachment V Amendment City Attorney
Attachment VI Amendment City Clerk
Attachment VII Agreement City Manager
Salary Plan Amendment: Adopt a Resolution Approving the City of Hayward Salary Plan for Fiscal Year 2024 (Report from Human Resources Director Frye)
LB 23-02321.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY 2024 Salary Plan

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 27, 2023, 7:00 PM

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June 20, 2023City Council Agenda

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

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

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 23-002
DATE: June 20, 2023
TO: Mayor and City Council
FROM: City Clerk

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

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) confirming the appointment to the Hayward Youth Commission of ten (10) voting members and eleven (11) alternate members, and the reappointment of six (6) continuing members.

SUMMARY
The City conducted its annual recruitment for the Hayward Youth Commission (HYC) between March 9, 2023, and May 19, 2023, and a panel of representatives from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and the Hayward Unified School District (HUSD)) reviewed fifty-nine (59) applications and interviewed forty-nine (49) eligible applicants on June 1, 2023.

The panel selected a total of twenty-one (21) regular voting and alternate members. The same panel confirmed the reappointment of six (6) current members.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
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DATE: June 20, 2023

TO: Mayor and Council Members

FROM: City Clerk

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

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) confirming the appointment to the Hayward Youth Commission of ten (10) voting members and eleven (11) alternate members, and the reappointment of six (6) continuing members.

SUMMARY

The City conducted its annual recruitment fo r the Hayward Youth Commission (HYC) between March 9, 2023, and May 19, 2023, and a panel of representatives from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and the Hayward Unified Scho ol District (HUSD)) r eviewed fifty -nine (59) applications and interviewed forty-nine (49) eligible applicants on June 1, 2023. The panel selected a total of twenty-one (21) regular voting and alternate members. The same panel confirmed the reappointment of six (6) current members.

BACKGROUND

On June 1, 2023, an interview panel comprised of representatives from the three local public agencies (City of Hayward, HARD, and HUSD) interviewed forty-nine candidates to fill vacancies on the HYC. The agency representatives were: Council Member Ray Bonilla Jr. from the City of Hayward; Board President Rick Hatcher and Board Director Sara Lamnin from HARD; and Board Secretary Joe Ramos and Board Trustee Sara Prada from HUSD.

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TABLE I: Selected Voting and Alternate Members
VOTING

MEMBER SCHOOL SUCCEEDS TERM

EXPIRES
Leila Angelic Aviado All Saints Catholic School Diego F. Barcenas 6/30/2025 Mateo Emiliano Barajas Anthony Ochoa Middle School Alessandra Eiras 6/30/2025 Josue Samuel Barrera (*) Martin Luther King Jr. Middle School Rachel M. Fryer 6/30/2025 Alexa Natalia C. Fernandez Winton Middle School Harnoor Gill 6/30/2025 Cliantha Gerez Mt. Eden High School Athena Caelyn Herrera 6/30/2025 Zoe Nakadama Kyama (*) Anthony Ochoa Middle School Arianna Mendoza 6/30/2025 Baylun Shaktipat Perkins Silver Oak High School Isabelle Anne E. Milanes 6/30/2025 Niki S. Shiva Impact Academy of Arts & Technology Anna Tran 6/30/2025 Michelle Villalobos Martin Luther King Jr. Middle School Vanna Van 6/30/2025 Jeremiah Sage Wong The Athenian School Savanna J. Wong 6/30/2025

ALTERNATE

MEMBER SCHOOL
TERM

EXPIRES
Jeffrey Alexander Haman Redwood Christian MSHS 6/30/2024 Ruby Kumar James Logan High School 6/30/2024
William Lim California Crosspoint Academy 6/30/2024
Bailee Ng Ly Cesar Chavez Middle School 6/30/2024
Itzel Aleea Mohammed Mt. Eden High School 6/30/2024
Riyah Moore Tennyson High School 6/30/2024
Edward Thomas Nguyen St. Bede Catholic School 6/30/2024 Temiloluwa O. Ogunkanmi Leadership Public School 6/30/2024 Julia Patel Cesar Chavez Middle School 6/30/2024
Jesus Alejandro Reynoso Hayward High School 6/30/2024
Kashish Mehak Vinayak Tennyson High School 6/30/2024
(*) Former alternate members promoted to voting members.

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TABLE II: Current Members
VOTING

MEMBER SCHOOL TERM

EXPIRES
Sophia Araujo (*) Chabot College 6/30/2025
Phylis A. Essandoh (*) Hayward High School 6/30/2025
Crystal Guerrero-Lopez Tennyson High School 6/30/2024
Samiksha Lingan (*) Hayward High School 6/30/2025
James Mira (*) Moreau Catholic High School 6/30/2025
Shreya K. Rathaur Mt. Eden High School 6/30/2024
Penelope L. Reynoso Hayward High School 6/30/2024
Sharana Sabesan (*) Impact Academy 6/30/2025
Alicia C. Saenz Leadership Public School 6/30/2024
Ronak Sharma (*) Leadership Public School 6/30/2025
Ananya Suresh Moreau Catholic High School 6/30/2024
(*) Members who sought reappointment this year.

The current 20 23 membership consists of thirty-two (32) representatives from Hayward schools as depicted in the chart below. As vacancies occur throughout the year, appointments will be made from the alternate list.

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CHART I: 2023 HAYWARD YOUTH COMMISSION

Other Schools (*):

Chabot College
James Logan High School
The Athenian School

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FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC ROADMAP

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

PUBLIC CONTACT

Information about the annual recruitment was disseminated through various channels.

TABLE III: Summary of Outreach Efforts

2022 Outreach Efforts

Date

Attendance/Reach

City Newsletter - The Stack 4/11/23 58,642 followers
2023 Hayward Youth Conference 4/22/23 50 attendees
HUSD Website and Weekly Communications 5/10/23
HUSD students,
parents, teachers,
counselors.

Earth Day Poster & Writing Contest Distribution 4/22/23 Hayward middle &
high schools and
contest applicants –
615 emails
Student and Parent Support Program (HUSD)
Parent Ambassador
group; Family
Engagement
Specialist group
Cinco de Mayo Celebration 4/29/23 ~9,000 attendees
Tennyson High School Career Day 3/29/23 80 students
Visited Hayward Middle and High Schools 5/4-5/14
Information
disseminated to
principals, teachers,
and counselors
(8,054 students)
Social Media: Facebook 4/11-5/19 29,016 followers
Social Media: Twitter 4/11-5/19 6,253 followers
Social Media: NextDoor 4/11-5/19 39,623 followers
Social Media: Instagram 4/11-5/19 13,105 followers
PeachJar 5/10-5/19 9,509 deliveries

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NEXT STEPS

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

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

Kelly McAdoo, City Manager

ATTACHMENT II
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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION CONFIRMING THE APPOINTMENT AND REAPPOINTMENT OF

MEMBERS OF THE HAYWARD YOUTH COMMISSION

WHEREAS, the City conduct ed its annual recruitment fo r the Hayward Youth Commission from March 9, 2023 to May 19, 2023; and

WHEREAS, a panel of representativ es from the three local agencies (City of Hayward, Hayward Area Recreation and Park District (HARD), and t he Hayward Unified School District (HUSD)) reviewed fifty-nine (59) applications and interviewed forty-one (49) eligible applicants on June 1, 2023; and

WHEREAS, the panel selected a total of twenty-one (21) regular voting and alternate members.

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

VOTING MEMBER SCHOOL SUCCEEDS TERM

EXPIRES
Leila Angelic Aviado All Saints Catholic School Diego F. Barcenas 6/30/2025 Mateo Emiliano Barajas Anthony Ochoa Middle School Alessandra Eiras 6/30/2025 Josue Samuel Barrera Martin Luther King Jr. Middle School Rachel M. Fryer 6/30/2025 Alexa Natalia C. Fernandez Winton Middle School Harnoor Gill 6/30/2025 Cliantha Gerez Mt. Eden High School Athena Caelyn Herrera 6/30/2025 Zoe Nakadama Kyama Anthony Ochoa Middle School Arianna Mendoza 6/30/2025 Baylun Shaktipat Perkins Silver Oak High School Isabelle Anne E. Milanes 6/30/2025 Niki S. Shiva Impact Academy of Arts & Technology Anna Tran 6/30/2025 Michelle Villalobos Martin Luther King Jr. Middle School Vanna Van 6/30/2025 Jeremiah Sage Wong The Athenian School Savanna J. Wong 6/30/2025

ATTACHMENT II
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ALTERNATE MEMBER SCHOOL TERM

BE IF FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the reappointment of the below-named persons as members of the Hayward Youth Commission, for terms as designated.

VOTING MEMBER SCHOOL TERM

EXPIRES
Sophia S. Araujo Chabot College 6/30/2025
Phylis A. Essandoh Hayward High School 6/30/2025
Samiksha Lingan Hayward High School 6/30/2025
James Mira Moreau Catholic High School 6/30/2025
Sharana Sabesan Impact Academy 6/30/2025
Ronak Sharma Leadership Public School 6/30/2025

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 #: MIN 23-072
DATE: June 20, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority Meeting on June 6, 2023

RECOMMENDATION
That the Council approves the Special City Council/Hayward Redevelopment Successor Agency Board/Hayward Housing Authority Board meeting minutes of June 6, 2023.End

SUMMARY
The City Council/Hayward Redevelopment Successor Agency Board/Hayward Housing Authority Board held a meeting on June 6, 2023.

ATTACHMENTS
Attachment I Draft Minutes of June 6, 2023
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
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SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

The special joint City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority meeting was called to order by Mayor/HRSA Chair/HHA Chair Salinas at 7:05 p.m.

The City Council /Hayward Redevelopment Successor Agency/Hayward Housing Au thority held a hybrid meeting in Council Chambers and virtually via Zoom.

PLEDGE OF ALLEGIANCE: Council/HRSA/HHA Member Bonilla Jr.

ROLL CALL

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

Absent: NONE

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed sess ion at 5:30 p.m., with all members pre sent and no public comment, regarding three items: 1) public employment pursuant to Government Code section 54957 regarding the annual performance evaluation for City Attorney, City Manager, and City Clerk; 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor g roups; and 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(4) regarding one anticipated litigation case. City Attorney Lawson reported the Council discussed Items 1 and 2 but took no reportable action.

Mayor Salinas noted there was no reportable action related to Item 3. The closed session adjourned at 7:00 p.m.

PRESENTATIONS

Mayor Salinas read a proclamation declaring the month of June as LGBTQIA + Pride Month in the City of Hayward . Mr. Robert Lopez and Ms. Collins with Project Eden’s Lambda Youth Project at Horizon Services thanked the Council for such a recognition.

PUBLIC COMMENTS

Ms. Suzanne Luther, Hayward Concerned Citizens member, asked if the City was preparing to send information on fines for firewor ks violation in anticipation of the upcoming Fourth of July holiday.

Ms. Peggy Guernsey stated that while she was proud that Hayward was the first city nationally to have a Gay Prom, she was saddened that local public schools do not allow nor encourage students to celebrate gay pride at their own school proms.

2 | J u n e 6 , 2 02 3
Mr. Robert Stevens, Hayward resident, spoke about Comcast’s use of the public right of way for power backup cabinets and the City’s process to grant revocable encroachment permits with no policy regarding outreach, shared he was going to request at the meeting between the neighborhood and Comcast that the permit be revoked under Section 7-2.16 of the Municipal Code, and encouraged the Council to review encroachment permit policies.

Dr. Robert Carlson, Old Highlands Homeowners Association (OHHA) member, followed Mr.

Stevens’ concern noting that in recent years OHHA and the City had conferred and reached compromise on a few issues, and stressed that a notice via a doorhanger was a one-way communication and did not serve to have a dialogue which he urged to have in maintaining a relationship with OHHA.

Mr. Gabriel Altamirano, South Hayward Now Ahora (SHNA) member, expressed concern the proposed project for the St. Regis facility did not have any community input on its scope, noted there were adverse impacts including traffic, drug use, and frequent calls for police/fire service; and requested that the Council and Planning Division hold public hearings regarding conditions of the project to protect service recipients.

CITY MANGAGER’S COMMENTS

City Manager McAdoo indicated that notices about fireworks would be issued soon, shared that some signage had been posted on D Street, and noted that the fine system used last year would be implemented again this year.

CONSENT

Consent Items 9 and 18 were removed for comment.

1. Approve the City Council Minutes of th e City Council Meeting on May 13, 2023 MIN 23-068
It was moved by Counci l M ember Roche, seconded by Council Member Goldstein, a nd carried unanimously, to approve the minutes of the City Council Meeting on May 13, 2023.

2. Approve the City Council Minutes of th e City Council Meeting on May 16, 2023 MIN 23-069
It was moved by Counci l Member Roche, seconded by Council Membe r Goldstein, a nd carried unanimously, to approve the minutes of the City Council Meeting on May 16, 2023.

3. Approve the City Council Minutes of th e City Council Meeting on May 23, 2023 MIN 23-070
It was moved by Counc il Member Roche, seconded by Council Mem ber Go ldstein, a nd carried unanimously, to approve the minutes of the City Council Meeting on May 23, 2023.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

4. Adopt a Resolution Rescinding Implementation of Level 2 of the City of Hayward ’s Water Shortage Contingency Plan CONS 23-313

Staff report submitt ed by Public W orks Director Ameri, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-131, “ Resolution Rescinding Resolution 22 -117 Implementing Level 2 of the City of Hayward Wate r Shortage Contingency Plan”

5. Adopt a Re solution Authorizing the City Manager to Execute a One-Year Extension of a Joint Exerc ise of Powers Agreement for the Hayward Area Shoreline Planning Agency CONS 23-319

Staff report submitte d b y Public Works Director Ameri, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-132, “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”

4 | J u n e 6 , 2 02 3

6. Adopt a Resolution Authori zing t he City Manager to Execute a Contract Amendment with JP Mo rgan Chase, N.A. fo r Banking and Cash Management Services for an Additional Three-Year Term CONS 23-344

Staff report submitted by Finance Director Gonzalez, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-133, “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”

7. Adopt a Resolution: (1) Autho rizing the Reallo cation of $2 Million in American Rescue Plan Act of 2021 (ARPA) Funds for a Down Payment Assistance (DPA) Program; and (2) Authorizing t he City Manager to Execute Loan Document s and Administer the L oans Including Subordinating, Extending, or Modifying Repa yment Terms to Provide Down Payment Assistance Loans in an Amount Not -to-Exceed $300,000 per Loan CONS 23- 322

Staff report submitted by Assistant City Manager Claussen, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-134, “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

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

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”

8. Adopt a Reso lution of I ntention to Preliminarily App rove t he Engineer’s Re port 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 CONS 23-323

Staff report submitted by Maintenance Services Direct or Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-135, “Resolution of Intention to Preliminarily Approve the Engineer's Report, Declaring Intent ion 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”

9. 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 CONS 23-325

Staff re port submitted by Maintenance Services Direc tor Rullman, dated June 6, 2023, was filed.

In res ponse to Council Member Goldstein ’s inqu iry about the May 31, 2022 community meeting for FY 2024 assessments, Maintenance Services Director Rullman indicated there was no one in attendance for Maintenance District No. 1.

6 | J u n e 6 , 2 02 3
It was moved by Council Member Roche, 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 23-136, “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”

10. Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fi scal Year 20 24 for Maintenance District N o. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 27, 2023, as the Public Hearing Date CONS 23-324

Staff repo rt submitted by Maintenance Services Director Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-137, “Resolution of Intention Preliminarily Approving 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. 2 - Eden Shores Storm Water Facilities and Water Buffer”

11. 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 CONS 23-326

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Staff repo rt submitted by Maintenance Services Director Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-138, “Resolution Authorizing the City Manager to Negotiate and execute Amendment No.1 to the Construction & Management for the Wo rkspace Reconfiguration for Fire
Administration by Increasing the Contract Amount by $ 36,850, for a Total Amount Not to Exceed $348,612”

12. 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 CONS 23-327

Staff report submitte d by Maintenance Se rvices Director Rullman, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-139, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Samsara Inc in an Amount Not -to-Exceed $10 5,465 and an Effective Term Length Through FY2026”

8 | J u n e 6 , 2 02 3

13. 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 fro m the Street S ystem Improvements (Fund 450) to Project 05281 CONS 23-329

Staff report submitted by Public Works Director Ameri, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-140, “Resolution Approving Plans and
Specifications for FY23 Median Landscape Improvement – Phase 2 Project - Hesperian Boulevard (West “A” Street to Sueirro Street, Phillips Way to W Winton Avenue) Project No. 05281, and Call for Bids”

Resolution 23-141, “Resolution Authorizing the Appropriation of $497,700 from the Street System Improvements (Fund 450) to the Median Landscape Improvement Project No. 05281 Phase 1 and 2”

14. Adopt a Resolution Authorizing the City Manager to Execute a Contract with HdL Coren & Cone for Property Tax, Information and Audit Services CONS 23-333

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Resolution 23-142, “Resolution Authorizing the City Manager to Execute a Co ntract with Hdl Cor en & Cone for Property Tax, Information and Audit Services for Three Years with the Option to Extend for Two Additional One-Year Periods”

15. Adopt a Resolution Authorizing the City Manager to Execut e a Contract with MuniServices for Municipal Sales Use Tax Management and Auditing Services CONS 23- 334

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-143, “Resolution Authorizing the City Manager to Execute a Contract with Muniservices, LLC for Sales Use Tax Management and Auditing Services for Three Years with the Option to Extend for Two Additional One-Year Periods”

16. Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2023 CONS 23-335

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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
10 | J u n e 6 , 2 02 3

Resolution 23-144, “Resolution Approving the Amended Fiscal Year 2023 Salary Plan Designating Positions of E mployment in the City of Hayw ard and Salary Range; and Superseding
Resolution No. 23-057 and All Amendments Thereto”

17. Adopt a Resolution Authorizing the City Manager to Execute a Professional Agreement for Auditing Services with Maze & Associates CONS 23-338

Staff report submitted by Finance Director Gonzales, dated June 6, 2023, was filed.

It was moved by Council Member Roche, 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 23-145, “Resolution Authorizing the City Manager to Execute an Amendment to the Professional Services Agreement Between the City of Hayward an d Maze and Associates for Professional Financial Audit and Reporting Services for an Additional Two Years for an Annual Amount of $110,000”

18. Adopt a Resolution Approving Updates to the City's Strategic Roadmap CONS 23-339

Staff report submitted by Assistant City Man ager Youngblood, dated June 6, 2023, was filed.

Mayor Salinas commended staff for the work done and for helping Council land on a specific and concise strategic priorities which represent collaborative work.

It was moved by Council Member Roche, 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

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Resolution 23-146, “Resolution Approving and Adopting the City of Hayward Strategic Roadmap for Fiscal Years 2024 to 2025+”

WORK SESSION

19. Sidewalk Vend ing Ordinance: Review and Discuss Draft Program Policies for an Amendment to the Ha yward Municipal Code to Comply with Senate Bill (SB) 946, the “Safe Sidewalk Vending Act” WS 23-023

Staff report submitted by Development Services Director Buizer dated June 6, 2023, was filed.

Acting Development Services Director Buizer introduced Senior Planner Thompson and Assistant Planner Ochoa who provided a synopsis of the staff report.

Mayor Salinas opened the public comment period at 7:55 p.m.

The following individuals spoke against sidewalk vending because there were concerns with sanitation, food preparation, use of local law enforcement to regulate street vendors, proper permitting, sale of alcohol, trash generated in neighborhoods, congestion of traffic generated by street vending; noted street vendors do not pay sales tax, rent, utility bills, and employee related c osts as d o brick-and-mortar businesses which create an unfair competition ; and sidewalk vending would further diminish the appearance of Hayward neighborhoods.

Ms. Peggy Guernsey, Hayward resident
Mr. Luis Barba, La Casita Restaurant owner, via a Spanish interpreter Mr. Bruce Richmond, Hayward resident
Mr. Alejandro Garcia, Metro Taquero owner

Ms. Perla Corona was interested in receiving information on how to obtain a business permit and sales tax; and noted that sidewalk vendors were prospective business owners who could work cooperatively with one another.

Mr. Gabriel Altamirano, S outh Hayward Now Ahora (SHNA) member, was pleased that the proposed ordinance will make it easier fo r vendors to obtain mobile food facility permits to vend which will address health and safety concerns and protect brick-and-mortar businesses and favored equitable enforcement in all areas of Hayward.

Mr. Robert McKay expressed concern about the welfare and health of potential patro ns of sidewalk vendors and suggested that the enforcement mechanisms in the proposed ordinance be more stringent and not just a verbal or written notice.

12 | J u n e 6 , 2 02 3
Mr. Antonio Solorio, Tacos Uruapan owner, noted that sidewalk vending evolved in the City from being pe rmitted in commercial areas to restricted in industrial areas, and further expanded with the pandemic; and commented that if a balance was not attained, there would soon be more street vendors than businesses in the City.

Mr. Jorge Flores, Don Polvoron owner, suggested freeing taxes for brick -and-mortar businesses to level the playing field ; noted that sidewalk vending would prevent the progression of the city; added that most established businesses struggled and started small, received education, consulted nonprofit organizations; and noted that government agencies gave loans to start a business.

Mr. Diego Cervantes noted he understood the need to have regulations in place and urged the City not to be too restrictive; and indicated that street vendors provided food options.

Ms. Andrea Salazar noted that SB 946 provided reasonable guidelines to protect vulnerable and historically marginalized and oppressed communities, mentioned that Hayward’s mission and status as a sanctuary city should be considered, and added that being equity oriented was important for moving forward with the proposed ordinance.

Ms. Suzanne Luther, Hayward Concerned Citizens member, noted that if street vendors do not pay taxes, the city sh ould give established businesses that pay taxes and e mployee-related costs the same fair chance at succeeding, and aske d Council to take comments made by business owners into consideration.

Mr. Christian Estrada, Hayward resident, noted that each month the number of street vendors was increasing, noted that a vendor that roasts chicken near a building was melting the paint off a building, and suggested that the proposed regulation consider the distance requirement from building entrances and exits to vending operations.

Mayor Salinas closed the public comment period at 8:28 p.m.

Members of the City Council thanked members of the public for their comments and advocacy on such an important item, commended staff on the community outreach and research that went into drafting a policy, and thanked residents who participated in the survey.

Discussion ensued among members of the City Council and City staff regarding: no sidewalk vendor shall vend within 15 feet from driveway or alleyway, within 100 feet of any emergency facility (Fire Station, Police Station, Hospital); sidewalk vendors are prohibited from entering or encroaching onto private property; per SB 946, sidewalk vendors could not be set up close to brick-and-mortar restaurants based on health safety and welfare but prohibitions could not depend on economic competition; mobile food facility (MMF) permit costs ($500-$700) and enforcement through the Alameda County Department of Environmental Health (ACEH) ; proposed enforcement and fines for vending without a sidewalk vending permit or other provisions of the regulations; Code Enf orcement Division would be undertaking the effort to enforce provisions in the proposed ordinance; mechanism for computing sales tax and business license; implementation plan after the ordinance is adopted; and the regulations did not

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

Council Member Syrop indicated that he wanted to ensure that the or dinance was not too restrictive or trying to solve problems that were actually not happening; wanted to e nsure that te chnical assistance and help through the compliance p rocess were provided if new regulations were b eing enforced, especially if individuals were not n ative English speakers and wanted to take cultural sensitivity into account; was opposed to the additional guideline of no vending or establish a setback requirement from public plazas; noted that restricting vending within landscaped areas was too broad and was amenable to vendors being on public landscaped areas as long the areas were not severely damaged; was opposed to limiting sidewalk vendors in residential zones to roaming only; supported no vending in designated parking zones and stressed this should be required as opposed to optional; noted the timeframe (9am-7pm) for sidewalk vending activities should be expanded; noted that requiring sidewalk vendo rs to provide a trash receptacle for customers seemed unrea listic; was strongly opposed to sidewalk vendors not being able to erect freestanding appurtenances adjacent to their person, cart, wagon, or rack for vending activities because it felt unreasonable and overly stringent; supported sidewalk vendors not able to sell or offer to sell services for any type of rental activity; noted that sanitation and taxation guidelines were missing as well as traffic safety guidelines; noted that having vend ors be 50 fe et from one another was restrictive and favored that they congregate away from brick-and-mortar businesses and congregate closer to one another; appreciated the alternative enforcement approach indicating that he liked that it was not punitive and rather there was an educational component; and suggested that the Economic Development Department provide any technical support as a part of enforcement, emphasizing that vendors should be permitted.

Council Member Zermeño expressed he was not pleased with the 100 feet distance limitation for sidewalk vending near brick-and-mortar restaurants due to SB 946; suggested increasing the distance between stationary sidewa lk vendors fr om 50 feet to 20 0 feet or 300 feet ; suggested identifying a centrally located place, similar to a marketplace, where street vendors could vend according to permits and regulations in place; urged the importance of sidewalk vendors to conduct business in a sustainable manner including no use of Styrofoam products and composting waste practice; agreed with staff’s recommendations; requested to have information available on how to start a business in English and Spanish; noted the ordinance was missing a definition of what a street vendor is; noted that the guidelines should include language ensuring that vendors cannot cook onsite and perishables should b e properly refrigerated; and urged business owners to also reach out to state legislators for help in identifying solutions.

Council Member Goldstein suggested that staff consider adding a health-related liability insurance for vendors as a requiremen t to help pro tect the p ublic from food-borne illness; urged sidewalk vendors to look at the business community where they want to l ocate in 14 | J u n e 6 , 2 02 3
determining what type of business would be welcom ing and complimentary; asked staff to investigate if the Franchise Tax Board would compute some type of value for proceeds from the street vendor in efforts to l evel the playing field; stated that he was not in favo r of prohibiting freestanding appurtenances, as permitting this would be doing the community a favor by allowing for a place for customers to sit and vendors to rest unless it became a health, safety, or welfare issue; was concerned that if trash collection prohibitions were too stringent, this could contribute to i llegal dumping being r esorted to and recommended exploring if vendors could take trash to the corporation yard or receive a discount for taking trash to Davis Street Transfer Station or some other facility; agreed generally with the local and operational guidelines; concurred with Council Member Zermeño’s comments about exploring a way for sidewalk vendors and brick-and-mortar businesses to work cooperatively, and stated that his reading of SB 946 was that the City could define what vendors exist at a location like a farmers market.

Council Member Bonilla Jr. wanted to ensure the ordinance strikes the right balance for sidewalk vendors and brick -and-mortar bu sinesses including having clear guidelines that improve safety, getting taxes paid, and supporting entrepreneurship; agreed with restricting sidewalk vending in parking structures and lots and wanted to ensure the ordinance has clear language on how the City would authorize vending in a city owned property; wondered if there was a strategic way in assigning areas on certain days where vendors c ould vend supported by the City via marketi ng and provision of restrooms ; suggested exploring scholarships for farmers markets as a way to bring street vendors to farmers markets; agreed with having clear definition on what sidewalk vending is; wondered if the ordinance would apply to individual’s private driveways if they were selling goods from thei r own property; wondered how to avoid street-kitchens on the sidewalk but enabling vending in a way that is safe; suggested that staff consider community survey responses related to vending in parks; wondered if ARPA funds or Economic Development funds could help cover the cost of one time vendors’ permit or if vendors could receive technical assistance to help get through the permitting process; agreed with restricting sidewalk vendors w ithin a park i f the City has signed a n agreement for concessions; agreed with the proposed side walk vending times (9am-7pm), and asked if there could be a stipulation for some vendors to be open later in the downtown to support patrons; wanted to ensure that street vendors are not leaving litter and causing blight across the city and requested that staff further explore proper disposal of customer trash; was interested in learning how people would voice locational or operational violations; did not support prohibiting erecting freestanding appurtenances adjacent to the vendors’ person, cart, wagon; appreciated the approach on education before fines and progressive enforcement ac tion and requested that language about ceasing operations be clearly articulated; agreed with prohibiting the sale of merchandise such as marijuana or adult-oriented products; and did not support limiting sidewalk vendors in residential zones to roaming only.

Council Member Roche confirmed from staff that the ordinance was not addressing sanitation and food handling because the enforcement mechanism resided with the ACDEH; added that SB 946 prohibited the City from s tating that sidewalk vendors could not set up in from of businesses; spoke about the enactment of SB 946 and how the City was attempting to restore balance without villainizing street vending; appreciated the educational comp onent in the

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

SUCCESSOR AGENCY/HAYWARD HOUSING AUTHORITY MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/89000792464?pwd=Q1Z4OUtQK0tKa3BsSGpBZmN5V3VMZz09 Tuesday, June 6, 2023, 7:00 p.m.
ordinance; expressed that the expansion of vendors result ed from permission by lack of enforcement and c ould be attributable to lack of staff at county and state levels for enforcement; supported businesses that are in compliance by ge tting permits and paying taxes; agreed that trash receptacles for street ve ndors were necessary and asked that th e proposed guideline be added to the ordina nce as well as the guideline requiring sidewalk vendors to clean up any gre ase or fluid related to their vending activities; wanted to ensure the program implementation contained an education component; requested that staff ensure that residents could use Access Hayward to request enforcement of a food vendor that is not operating properly and add a link to ACDEH for health code related violations; and stated she supported staff’s recommended policy language.

Council Member Andrews emphasized it was important to have education and a pathway to supporting small businesses get started ; supported the r ecommendation to include an education component prior to enforcement; suggested partnering with HARD as there were underutilized facilities that could support vendors and recommended conducting outreach to identified communities before establishing locations; noted that vendors should be reminded of the farmers market and the Chabot College Flea Market as additional opportunity sites and Hayward Chamber of Commerce , Small Business Development, and Alliance as resources; noted one of th e main concerns with street vending was the public safety issue at medians, e.g., Jackson Street and Hesperian Boulevard; added th at so me vendors operating directly under trees posed potential fire hazard and hoped the Fire Department could help educate; echoed the request to use Access Hayward to request enforcement; asked staff to look into a checklist, similar to the one from San Leandro, which includes information on what mobility facilities should have, the definition of a mobile food vendor and special requirements such as a v endor c ould no t be on the sex offender registry , distance from a restaurant ; and was assured that implementation would include mater ials available in different lang uages and language assistance for workshops planned with ACDEH and community-based organizations.

Mayor Salinas appreciated the patience of business o wners who advocated on behalf of restaurants; echoed the comment of Council’s desire to strike a balance for street vendors and brick-and-mortar businesses; noted the City was attempting to cu rate a process despite limitations by the State ; stressed the importance of r equiring liability insurance noting this was not too restrictive ; favored uniform signage requirements with signs including contact information; supported requiring trash receptacles and suggested designating greenways for street vending; stated the goal was also to protect nei ghborhood aesthetics and to prevent unwieldy street vendors; noted that survey results showed support for street vending and interviews of street ve ndors reve aled they want to comply with the ordinance and get permitted; requested that staff explore pushing the distance requirement from restaurants to street vendors as it was unequitable that street vendors could set up in front of a brick-and- mortar restaurant and sell the same food items.

The City Council took a recess at 9:35 p.m., and Mayor Salinas reconvened the meeting at 9:42 p.m. 16 | J u n e 6 , 2 02 3

PUBLIC HEARING

20. FY 2024 Budget/CIP Public Hearing and Adoption: Hold Public Hearing and Adopt Resolution for Adoptio n of the Proposed FY 2024 Operating Bu dgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2024 Capital Improvement Program Budget; Adoption of the FY 2024 Operatin g 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 PH 23-022

Staff report submitted by Finance Director Gonzales dated June 6, 2023, was filed.

Finance Director Gonzales provided a synopsis of the staff report.

In response to Council /HRSA/HHA Member Andrews’ inquiry about the $100,000 request from Delta Sigma Theta Sorority for the Juneteenth event, City Manager McAdoo noted staff will meet with the group to discuss the request further and will provide information to Council.

Members of the Council/HRSA/HHA commended Finance Director Gonzales and her team on the budget process, the strategic roadmap process, overall transparency and for helping Council be good fiscal agents for Hayward.

Council Member Bonilla Jr. mentioned that while he did not like the use of reserves especially for operating costs, he was c omfortable knowing that revenue projections are modest and there will be a mid-year budget review.

There being no public comment, Mayor/HRSA/HHA Chair Salinas opened and closed the public hearing at 10:02 p.m.

Council/HRSA/HHA Member Bonilla Jr. asked staff to respond to the letter submitted b y the Hayward Community Coalition (HayCoCoa) which requested to a ddress in vesting in prevention and unarmed responses, continue funding the Hayward People ’s Budget, and increase staffing for strategic roadmap projects.

Council/HRSA/HHA Member Syrop echoed Council/HRSA/HHA Member Bonilla’s request and encouraged staff to continue conversations with HayCoCoa.

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

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

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

Resolution 23-147, “Resolution Approving the Operating Budget of The City of Hayward for Fiscal Year 2024; Adopting
Appropriations for Fiscal Year 2024, Except for General Fund Community Agency Funding”

RSA Resolution 23-01, “Resolution of the City Council of the City of Hayward, Acting as th e Governing Board of the Successor Agency for the Redevelopment Agency of the City of Hayward, Approving the Budget of the Red evelopment Successor A gency of the City of Hayward and Adopting Appropriations for Fiscal Year 2024”

HHA Resolution 23-01, “Resolution Confirming the Proposed Hayward Housing Authority Budget for Fiscal Year 2023”
Resolution Approving Capital Improvement Projects for Fiscal Year 2024

Resolution 23-148, “Resolution Approving Capital Improvement Projects for Fiscal Year 2024”

Resolution 23 -149, “Resolution Approving and Appropriating the Community Agency Funding Reco mmendations for Fiscal Year 2024”

21. Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2024 PH 23-027

Staff report submitted by Finance Director Gonzales dated June 6, 2023, was filed.

Mayor Salinas announced the item, indicated he was forgoing staf f’s pres entation, and provided members of the City Council with an opportunity to ask questions of staff.

There being no public comment, Mayor Salinas opened and closed the public hearing at 10:02 p.m.

18 | J u n e 6 , 2 02 3
In respo nse to Council Me mber Andrews, Finance Director Gon zales indicated t he Gann Appropriation Limit is a requirement for Council to establish each fiscal year and sets a limit on tax proceeds that can be appropriated, and indicated the limit was $402 million.

It was moved by Council Member Goldstein, seconded by Council Member Roche, 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 23-150, “Adoption of Appropriations Limit for Fiscal Year 2024 Pursuant to Article XIII B of the Constitution of the State of California”

LEGISLATIVE BUSINESS

22. Reach Code Amendments: Introduction of Revi sed Electrification Reach Code Ordinance with Mi nor Modificati ons Required by California Building Standards Commission LB 23-022

Staff report submitted by Public Works Director Ameri dated June 6, 2023, was filed.

Mayor Salinas announced the item, indi cated he was forgoing staff ’s presentati on, and provided members of the City Council with an opportunity to ask questions of staff.

In response to Council Member Syrop ’s inquiry, Environmental Services Manager Pearson indicated the Reach Code ordinance was a term used for a l ocal ordinance that amends the State’s Building C ode; and noted Council’s action on the item would amend the current Reach Code ordinance by incorporating section numbers of C ALGreen (California Green Building St andards Code) to satisfy requirements of the California Building Standar ds Commission.

Council Member Syrop expressed appreciation for the Council Sustainabili ty Committee in advancing sustainability goals.

There being no public comment, Mayor Salinas opened and closed the public hearing at 10:02 p.m.

It wa s moved by Council Member Zermeño, seconded by Cou ncil Member Goldstein, and carried by the following roll call vote, to adopt the resolution and approve the introduction of an ordinance.

SPECIAL JOINT HAYWARD CITY COUNCIL/HAYWARD REDEVELOPMENT

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

Resolution 23-151, “Resolution Finding and Determining the Need for Adoption of Modifications to the 2022 California Building Standards Code”

Intro Ordinance 23-_“An Ordinance Establishing Reach Codes for the City of Hay ward; Adop ting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations); and Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews shared information for two Juneteenth events: the Hayward June Teenth Street Party on June 15, 2023, in the downtown and the Hayward Russell Ci ty Juneteenth Celebration on June 17, 2023, in the plaza behind City Hall.

Council Member Syrop thanked City Manager McAdoo for her work on the budget process and stated that the budget was reflective of community needs.

Mayor Salinas reported on his attendance at the U.S. Mayor’s Conference in Columbus, Ohio where approximately 1,000 mayors from across the count ry were present; highlighted the different work sessions he attended including response to influx of migrants to cities, children health and human services, advocating climate and equity plans, community development and housing, job s, education and the work force, transforming vacant commercial buildings to residential; noted the top agenda item was mental health; and added that one of the biggest issues discussed was federal and state legislation that geared towards taking rights away from what cities can do locally to solve problems.

COUNCIL REFERRALS

There were none.

20 | J u n e 6 , 2 02 3

ADJOURNMENT

Mayor Salinas adjourned the special City Council/HRSA/HHA meeting at 10:27 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward
Chair, Hayward Redevelopment Successor Agency
Chair, Hayward Housing Authority

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
Secretary, Hayward Redevelopment Successor Agency
Secretary, Hayward Housing Authority

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-368
DATE: June 20, 2023
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance Establishing Reach Codes for the City of Hayward; Adopting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations); and Amending the City’sOff-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code

RECOMMENDATION
That Council adopts the Ordinance introduced on June 6, 2023.

SUMMARY
This item entails adoption of an Ordinance establishing Reach Codes for the City of Hayward; and amending Chapter 9, Article 8 and Chapter 10, Article 2 of the Hayward Municipal Code, introduced on June 6, 2023, by Council Member Zermeño.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance Published
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
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DATE: June 6, 2023

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt an Ordinance Establishing Reach Codes for the City of Hayward; Adopting Chapter 9, Article 8 of the Hayward Municipal Code to Amend Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations); and Amending the City’s Off-Street Parking Regulations (Chapter 10, Article 2) of the Hayward Municipal Code

RECOMMENDATION

That Council adopts the Ordinance introduced on June 6, 2023.

SUMMARY

This item entails adoption of an Ordinance establishing Reach Codes for the City of Hayward; and amending Chapter 9, Article 8 and Chapter 10, Article 2 of the Hayward Municipal Code, introduced on June 6, 2023, by Council Member Zermeño.

BACKGROUND

The Ordinance was introduced by Council Member Zermeño at the June 6, 2023, meeting of the City Council with the following vote:

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

STRATEGIC ROADMAP

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

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FISCAL IMPACT

There is no fiscal impact associated with this report.

PUBLIC CONTACT

The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, June 16, 2023. Adoption, at this time, is therefore appropriate.

NEXT STEPS

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

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:

______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II
//

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PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD

AN ORDINANCE ESTABLISHING REACH CODES FOR THE CITY OF HAYWARD; ADOPTING CHAPTER 9, ARTICLE 8 OF THE HAYWARD MUNICIPAL CODE TO AMEND PART 11 (CALIFORNIA GREEN BUILDING STANDARDS CODE) OF THE CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS); AND AMENDING THE CITY’S OFF -STREET PARKING REGULATIONS (CHAPTER 10, ARTIC LE 2)

OF THE HAYWARD MUNICIPAL CODE

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

Section 1. Purpose and Intent. It is the purpose and intent of this Ordinance to expressly enact local amendments to the 2022 California Building Code applicable to new construction to provide standards for new buildings to improve community health and safety while reducing greenhouse gas emissions.

Section 2. This ordinance shall become effective 30 days after adoption by the City Council.

The following are hereby adopted as local amendments to Part 11 (California Green Building Standards Code) of the California Building Standards Code (Title 24 of the California Code of Regulations):

Chapter 9 of the Hayward Municipal Code (Building Code)

A new Article 8 is added to Chapter 9 to read as follows:

2022 All-Electric & Electric-Ready Ordinance – New Construction 9-8.100.000 – Amend CALGreen Chapters 2, 4, and 5 to add requirements for FUEL GAS

PLUMBING INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS
Section 4.106.5 the California Green Building Standards Code (CALGreen) is added:
9-8.100.010 Applicability
Section 202 of the California Green Building Standards Code is amended:
9-8.100.020 Definitions
Section 4.106.5 of the California Green Building Standards Code is amended:
9-8.100.030 Prohibited Fuel Gas Infrastructure in Newly Constructed Residential Buildings

Section 5.106.15 of the California Green Building Standards Code is amended:
9-8.100.035 Electric Readiness in Newly Constructed Non-Residential Buildings

ATTACHMENT II
//

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9-8.100.040 Periodic Review of Ordinance

Amend CALGreen Chapters 2, 4, and 5 to add requirements for ELECTRIC VEHICLE

CHARGING INFRASTRUCTURE

Chapter 10, Article 2 of the Hayward Municipal Code
(Off-Street Parking Regulations)

Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended:

Chapter 10, Article 2 is amended:

Section 10-2.000 – Purpose.

Section 202 of the California Green Building Standards Code is amended:

Section 10.2.100 – Definitions. This section is amended by adding the following definitions:

Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended:

Section 10.2.200 – Application.

Chapter 10, Article 2 is further amended by adding a new Part VIII:

VIII. REQUIREMENTS FOR EV CHARGING INFRASTRUCTURE SEC. 10 -2.800

ELECTRIC VEHICLE (EV) CHARGING SPACES
Sections 4.106.4.1, 4.106.4.2, and 5.106.5.3 of the California Green Building Standards Code are amended:

SEC. 10-2.810 Electric Vehicle Charging Requirements by Use.

SEC. 10-2.820 Direct Current Fast Charging stations.

SEC. 10-2.830 Non-Proprietary Infrastructure.

Section 4.106.4 and Section 5.106.5.3 of the California Green Building Standards Code is amended:

SEC. 10-2.840 Exceptions.

Section 3. Enactment of Local Amendments to the California Building Standards Code, Title 24, Part 11 (Amendments to Chapters 9 and 10 of the Hayward Municipal Code). The local amendments to the 2022 California Building Standards Code, Title 24, Part 11, are hereby enacted.

ATTACHMENT II
//

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Section 4. Severability. The provisions of this Ordinance are severable, and if any clause, sentence, paragraph, provision, or part of this Ordinance, or the application of this Ordinance to any person, is held to be invalid or preempted by state or federal law, such holding shall not impair or invalidate the remainder of this Ordinance. If any provision of this Ordinance is held to be inapplicable, the provisions of this Ordinance shall nonetheless continue to apply with respect to all other covered development projects and applicants. It is hereby declared to be the legislative intent of the City Council that this Ordinance would have been adopted had such provisions not been included or such persons or circumstances been expressly excluded from its coverage.

Section 5. Effective Date. This ordinance shall become effective 30 days after adoption by the City Council.

The Ordinance was introduced at a regular meeting of the City Council of the City of Hayward, held the 6th day of June, 2023, by Council Member Zermeño.

This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on June 20, 2023, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and vir tually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.

Dated: June 16, 2023
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 23-320
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with SCI Consulting Group for Support on the City’s Landscape and Lighting Assessment Districts in a Total Not-to-Exceed Amount of $106,211 and Agreement Effective Date Through Fiscal Year 2028

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a professional services agreement (PSA) with SCI Consulting Group (SCI) for support on the City’s Landscape and Lighting Assessment Districts (LLAD) in a total not-to-exceed amount of $106,211 and agreement effective date through Fiscal Year 2028 (FY 2028).

SUMMARY
The City's Maintenance Services Landscape Division (Division) manages eighteen (18) LLADs and two (2) Maintenance Districts (MDs) throughout the City. To support staff, the Division released a request for quotes (RFQ) to procure professional engineering services to prepare engineering reports, confirm assessment rates, and levy the assessments. After reviewing the proposals, staff recommends entering into a PSA with SCI for a total not-to-exceed amount of $106,211 over a five-year contract period through FY 2028.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with SCI Consulting Group for Support on the City’s Landscape and Lighting Assessment Districts in a Total Not-to-Exceed Amount of $106,211 and Agreement Effective Date Through Fiscal Year 2028

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a professional services agreement (PSA) with SCI Consulting Group (SCI) for support on the City’s Landscape and Lighting Assessment Districts (LLAD) in a total not-to- exceed amount of $106,211 and agreement effective date through Fiscal Year 2028 (FY 2028).

SUMMARY

The City's Maintenance Services Landscape Division (Division) manages eighteen (18) LLADs and two (2) Maintenance Districts (MDs) throughout the City. To support staff, the Division released a request for quotes (RFQ) to procure professional engineering services to prepare engineering reports, confirm assessment rates, and levy the assessments. After reviewing the proposals, staff recommends entering into a PSA with SCI for a total not-to-exceed amount of $106,211 over a five-year contract period through FY 2028.

BACKGROUND AND DISCUSSION

The City’s LLAD/MD zones were formed using the Landscaping and Lighting Act of 1972 (Streets and Highways Code §22500), which is a flexible tool used by local government agencies to form Landscaping and Lighting Districts to finance the cost and expense of operating, maintaining, and servicing landscaping (including parks), and lighting improvements in public areas. All services in these areas are directly funded through individual homeowner property tax assessments.

On March 28, 2023, staff released RFQ #2023-RFQ-02. On April 28, 2023, staff received and reviewed the one (1) submitted proposal. Staff recommends awarding the contract to SCI. SCI has relevant experience in the required type of professional and engineering support, SCI has successfully served as a consultant for the City’s LLAD/MD’s and other tax assessments, like

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the Old Highlands Homeowner Association (OHHA) assessments. SCI maintains a strong working relationship with both City staff and residents and can easily assist with community meetings, public hearings, and presentations to Council. The agreement will be valid for five (5) years, from FY 2024 through FY 2028.

The cost per fiscal year is summarized below:

FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Total
$20,406 $20,996 $21,603 $21,603 $21,603 $106,211

FISCAL AND ECONOMIC IMPACT

This item will be funded through the annual budget process and approval will be considered by Council during the annual budget adoption each fiscal year. This item will have no impact on the General Fund. The district budgets cover the cost of this contract.

While this item itself does not directly provide an economic impact, the assessments will fund work that supports an environmentally friendly aesthetic that helps reduce the effects of greenhouse gasses. Well-maintained zones also help increase property valuation and neighborhood cleanliness, which is beneficial to the entire community and businesses.

SUSTAINABILITY FEATURES

This item has no direct sustainability features. However, the assessments will fund landscape and lighting improvements that conserve water and promote other sustainability features.

PUBLIC CONTACT

The RFQ was publicized from March – April 2023.

NEXT STEPS

If Council approves this request, the City Manager will execute the agreement with SCI in a total not-to-exceed amount of $106,211 through FY 2028.

Prepared by: Manny Grewal, Management Analyst
Richard Nield, Landscape Maintenance Manager

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A PROFESIONAL SERVICES AGREEMENT WITH SCI CONSULTING GROUP FOR SUPPORT ON THE CITY’S LANDSCAPE AND LIGHTING

ASSESSMENT DISTRICTS IN A TOTAL NOT -TO-EXCEED AMOUNT OF $106,211 AND AGREEMENT EFFECTIVE DATE THROUGH FISCAL YEAR 2028

WHEREAS, the Landscape and Lighting Assessment District (LLAD) zones were formed using the Landscaping and Lighting Act of 1972 (Streets and Highways Code §22500); and,

WHEREAS, the City currently manages eighteen (18) LLAD and two (2) Maintenance District (MD) zones;

WHEREAS, on March 28, 2023, staff released RF Q #2023-RFQ-02 to procure professional and engineering support for LLAD assessments, engineer ing reports, and community and public meetings; and

WHEREAS, staff received and evaluated one (1) proposals; and,

WHEREAS, the professional services agreement (PSA) will be funded through the annual adopted budgets for each LLAD zone through the PSA’s effective term length; and,

WHEREAS, staff recommends awarding the PSA with SCI Consulting Group (SCI).

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 a PSA with SCI in a total not -to-exceed amount of $ 106,211 and an agreement effective date through FY 2028.

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 23-321
DATE: June 20, 2023
TO: Mayor and City Council
FROM: City Manager
SUBJECT:

Adopt a Resolution Authorizing a Joint Application to and Participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a Total Not-to-Exceed Amount of $10 Million, for which the California Environmental Quality Act Does Not Apply

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City of Hayward’s joint application to and participation with Bay Area Community Services (BACS), the City of Livermore, the City of Union City, and the City of Piedmont to the California Department of Housing and Community Development (HCD) for Homekey funding for the Project Reclamation Regional Scattered Site Program in a total not-to-exceed amount of $10 million.

SUMMARY
On March 29, 2023, HCD announced approximately $736 million in available Homekey Round 3 funds. In addition, HCD announced it would set aside $40 million of its Discretionary Reserve to support up to four $10 million awards to single-family home scattered site projects. Scattered site applicants can apply for a conditional award, receiving funding upon condition that they will have site control within 60 days of the conditional award and meet other threshold requirements within 90 days of the conditional award. The application deadline for projects funded by the Discretionary Reserve is June 30, 2023.

Staff recommends that Council adopts a resolution authorizing the City’s joint application to and participation in Round 3 of Homekey to secure up to $10 million in funding for Project Reclamation, alongside BACS and the City’s regional partners.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
powered by Legistar™

DATE: June 20, 2023

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution Authorizing a Joint Application to and Participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a Total Not-to-Exceed Amount of $10 Million, for which the California Environmental Quality Act Does Not Apply

RECOMMENDATION

That the City Council adopt a resolution (Attachment II) authorizing the City of Hayward’s joint application to and participation with Bay Area Community Services (BACS) , the City of Livermore, the City of Union City, and the City of Piedmont to the California Department of Housing and Community Development (HCD) for Homekey funding for the Project Reclamation Regional Scattered Site Program in a total not-to-exceed amount of $10 million.

SUMMARY

On March 29, 2023, HCD announced approximately $736 million in available Homekey Round 3 funds. In addition, HCD announced it would set aside $40 million of its Discretionary Reserve to support up to four $10 million awards to single-family home scattered site projects. Scattered site applicants can apply for a conditional award, receiving funding upon condition that they will have site control within 60 days of the conditional award and meet other threshold requirements within 90 days of the conditional award. The application deadline for projects funded by the Discretionary Reserve is June 30, 2023.

BACKGROUND

On June 29, 2020, Governor Gavin Newsom signed Assembly Bill 83 (2020) into law. AB -83 consisted of a wide-ranging suite of initiatives addressing housing and homelessness, including

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the creation of Project Homekey.1 The Homekey program was created as an opportunity for local public agencies to purchase motels and other housing types to increase their communities’ capacity to respond to the COVID -19 pandemic. The program’s purpose was to expand and diversify housing options for homeless persons at high risk for serious illness and impacted by COVID-19. Cities, counties, or other local public entities, including housing authorities or federally recognized tribal governments within California, were eligible to apply independently or jointly as the lead applicant with a non-profit or a for-profit corporation.

On July 13, 2021, the Council adopted the Let’s House Hayward! (LHH) strategic plan.2 The plan was developed through best-practices research and community engagement with a len s for racial equity and empowering individuals and families experiencing homelessness. The LHH plan articulates the overarching goals for reducing homelessness in Hayward and the strategies and action steps required to achieve those goals. Applying for Homekey funding for Project Reclamation aligns with the LHH goal of exploring innovative, cost-effective housing options for residents experiencing homelessness.

The City first applied for Homekey funding in response to the Round 2 notice of funding availability (NOFA) issued in the fall of 2021. The City of Hayward released a RFI for eligible Homekey projects in October 2021 and interviewed applicants in November 2021. On December 16, 2021, staff proposed three projects to the Homelessness-Housing Task Force (HHTF).3 Members of the HHTF unanimously recommended these projects be presented to the full Council for approval and inclusion in the City of Hayward’s Homekey Round 2 application.

After one applicant removed their project from consideration, staff presented two projects for Council approval and inclusion in the Round 2 grant application , including the joint Project Reclamation Regional Scattered Site Program alongside BACS and the Cities of Livermore, Union City, a nd Piedmont. On January 15, 2022, the Council adopted Resolution 22-030, authorizing the City to apply for and participate in Round 2 of Homekey.4

In a determination letter dated April 14, 2022, HCD deemed the Project Reclamation application ineligible due to not meeting two threshold requirements: 1) submission of a property appraisal; and 2) demonstration of site control at the time of application. The City and its Project Reclamation co-applicants appealed the denial, highlighting the strong alignment of the scattered site framework with the goals of Homekey and the unfeasibility and risks of securing site control and appraisals in the single-family home market on the timelines dictated

1 AB-83 Housing (2019-2020). California Legislative Information. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB83 2 July 13, 2021 meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E-B317- E2797DF45328&Options=&Search=
3 December 16, 2021 meeting of the Homelessness-Housing Task Force:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5360310&GUID=71CA4C4F-CC27-410E-AEDE- 27F03B400C19&Options=&Search=
4 January 25, 2022 meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5390892&GUID=B276DA40-2A6A-46C1-A313- 28235E575135&Options=&Search=

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by the program guidelines. HCD ultimately d id not accept the City’s Round 2 appeal. Staff subsequently coordinated with its development partners and the City’s legislative advocacy consulting firm, Townsend Public Affairs, to advocate with HCD and elected officials for changes to Homekey threshold provisions that would enable scattered site programs to qualify for Round 3.

On June 30, 2022, the Governor approved AB 179, the Budget Act of 2022, which included an award to the City of Hayward in the amount of $5.4 million for the City’s scattered site program.

The City submitted this project for consideration along with several other housing and homelessness prevention projects to the State legislature for consideration as a budget earmark project. On December 6, 2022, Council adopted Resolution 22-299, loaning the AB 179 funds to BACS to leverage future Homekey funding.5 Loaning the AB 179 funds to BACS allows BACS to acquire homes in advance of Homekey Round 3, securing site control and increasing the competitiveness of a Round 3 application and creating a revolving loan fund for future Homekey applications.

On March 23, 2023, HCD announced approximately $736 million in Homekey Round 3 available funds. HCD made several key changes to the Round 3 guidelines, including creating a scattered site set aside that allows scattered site applicants to receive conditional awards of up to $10 million without having to meet the threshold requirements that resulted in the denial of the City’s Round 2 application. These key changes are outlined in more detail in the Discussion section below.

DISCUSSION

Project Reclamation Program Overview
Project Reclamation is a model of single -family shared housing that BACS has operated for several decades. In partnership with the Cities of Hayward, Union City, Livermore, and Piedmont, BACS will purchase and remodel single -family homes to function as deeply subsidized co-living environments where each resident gets their own bedroom, shared community living spaces, and access to supportive services to meet their unique needs. This model aligns with the City’s LHH Plan. For this project, the City of Hayward would be the lead applicant in a regional application, partnering with the Cities of Livermore, Union City, and Piedmont, to increase the competitiveness of the project by broadening the regional impact and scope of acquisitions.

The BACS Project Reclamation program received Homekey funding for its Oakland program in Round 1 and was recognized by the State for its innovative use of Homekey funding. The model successfully preserves naturally occurring affordable housing by preventing large corporate purchases of homes , which are then rented at market rate . Homekey requires that all permanent supportive housing projects establish a 55-year affordability covenant, restricting the use and affordability of the project to align with Homekey for at least 55 years.

5 December 6, 2022, meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5955257&GUID=5B2A0638-83AF-43B9-A62E- C8D58632C3BC&Options=&Search=

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Staff anticipates between three and five homes will be acquired in Hayward, providing permanent housing to between 15 and 30 individuals experiencing homelessness in Hayward.

BACS has begun identifying homes that meet program criteria throughout Hayward. Given the target price point of the homes (approximately $900,000), many prospective homes are located between Interstate 880 and Mission Boulevard. As BACS has been operating this program for several years, they have well-established outreach strategies that they will apply to this project and will implement community -specific outreach as properties are identified . In previous experience, BACS has not encountered opposition from community members as the projects do not include density changes or substantial construction.

Homekey Round 3 Overview
The Homekey program provides significant capital funding and matching operating funding for eligible projects to allow local public entities to expand their inventory of housing for people experiencing homelessness. Homekey provides funding the following ways:
 Per unit capital baseline award: Homekey provides a maximum grant amount per unit which includes both the acquisition cost and any needed rehabilitation. Staff anticipates that Project Reclamation will receive a baseline capital award of $150,000 per unit.
 Operating match: Homekey provides an operating match of $1,000 per unit per month for up to three years of operations if the applicant provides four years of operational funding.
 Additional capital contribution with local match: Beyond the capital baseline award, applicants can leverage a local one-to-one match to provide up to $100,000 in additional funds per unit. This match helps close any capital acquisition and rehabilitation gaps.

Following Round 2, HCD solicited and integrated feedback from applicants to improve the Homekey Round 3 Notice of Funding Availability (NOFA). The Round 3 NOFA presents significant funding and programmatic changes from Homekey Round 2.6 Key elements of the Homekey Round 3 funding available include:
 Addition of Scattered Site Discretionary Reserve: HCD will allocate $40 million from its $77 million Discretionary Reserve for single-family home scattered site projects. Four scattered site projects will be eligible for a maximum of $10 million each. To be eligible for these funds, applicants must apply by June 30, 2023. Selected projects will receive a conditional award and will be required to demonstrate site control (i.e., acquire the homes) within 60 days of conditional award and conduct appraisals, physical needs assessments, and applicable environmental reviews within 90 days of the award.
 Removal of Timely Submission and Expedited Occupancy Bonuses: HCD removed bonus awards for timely submission and occupancy, so there are no additional awards aside from the per unit capital award and operating match described above.

6 The complete NOFA can be found online on the HCD website. https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/homekey/Homekey-Round-3-Notice-of- Funding-Availability.pdf

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Project Reclamation Homekey Application
Staff are working closely with BACS and the other jurisdictions to update the Round 2 application to align with the key Round 3 changes. Given the $10 million cap for scattered site programs, the project will have to acquire fewer homes. Staff are estimating that between three and six homes will be acquired in Hayward. The following reflects best estimates at the time of this report and may change depending on the availability of homes on the market following a conditional award from HCD.

Capital baseline award: Staff anticipates Project Reclamation will receive a baseline capital award of $150,000 per unit. This is $50,000 less than the per unit award estimated in the Round 2 application, as BACS has learned from implementation of Project Reclamation under Homekey funding from Round 1 that the model is inappropriate for the chronically homeless population. Th erefore, th e Round 3 application proposes serving literally homeless individuals, instead of those experiencing chronic homelessness, for which the state provides a baseline award of $150,000 per unit.

Local capital match: Staff and BACS are basing budget assumptions on properties that will have five units following rehabilitation, which is approximately $750,000 per home for acquisition and rehabilitation. The Homekey program provides a one-to-one match to cover capital gap s; therefore , staff anticipates a local match requirement of approximately between $300,000 and $600,000 in local match required. The source of this match will be the AB 179 funds that the City loaned to BACS through Council action on December 6, 2022.

Local operating match: If the applicant can commit four years of operating funding, the Homekey program provides a local operating match of up to $1,000 per unit, not to exceed three years of implementation. Alameda County has conditionally awarded Project Reclamation $1.5 million from its federal American Rescue Plan HOME (HOME- ARP) allocation, which will be used for a capitalized operating reserve and will result in a three-year match from the Homekey program.

In summary, staff anticipates that through this application, Hayward will be able to acquire three to five homes to provide permanent housing for 15 to 30 individuals experiencing homelessness. Any required local capital match will be covered by the AB 179 allocation from the state for the City’s scattered site program and the local operating match will be covered by the Alameda County HOME-ARP award. The homes will be subject to a 55 -year affordability covenant.

ECONOMIC IMPACT

The City and local community have experienced adverse economic impacts related to the COVID-19 crisis, particularly as it relates to homelessness and housing instability. As the region continues to recover from COVID-19, national data indicate increases in risk factors that lead to homelessness, including increased food insecurity and the inability to pay rent or mortgage.

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There is a positive economic impact from reducing homelessness and severe housing cost burden, which would be achieved through development of the recommended Homekey project.

FISCAL IMPACT

This item has no General Fund impact. The local capital match required for applying for the program will come from AB 179 funds dedicated to the scattered site project and the local operating match will come from Alameda County’s HOME-ARPA contribution.

STRATEGIC ROADMAP

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

Specifically, this item relates to the implementation of the following projects:
2b. Implement the Homelessness Reduction Strategic Plan

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

PUBLIC CONTACT

BACS will conduct targeted community outreach once properties are identified for Project Reclamation.

NEXT STEPS

Upon approval by the Council, staff will submit the Homekey application to HCD by June 30, 2023.

Prepared by: Amy Cole-Bloom, Acting Community Services Manager Rick Rivera, Management Analyst II

Recommended by: Regina Youngblood, Assistant City Manager

Approved by:

___________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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Hayward City Council
RESOLUTION NO. ______
Introduced by Council Member

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD AUTHORIZING

JOINT APPLICATION TO AND PARTICIPATION IN THE STATE HOMEKEY PROGRAM

FOR THE PROJECT RECLAMATION SCATTERED SITE PROGRAM IN A TOTAL NOT - TO-EXCEED AMOUNT OF $10 MILLION AND FINDING OF CEQA EXEMPTION

WHEREAS, t he State of California Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and

WHEREAS, in response to the “Request for Information for Projects and Properties to House People Experiencing Homelessness Through the Homekey Program” released by the City of Hayward on October 20, 2021, Bay Area Community Services submitted a proposal for the Project Reclamation supportive shared housing program; and

WHEREAS, the terms and conditions of the NOFA for the third round of Homekey include new provisions excepting supportive shared housing programs from pre -existing site control requirements and setting aside $40 million of its discretionary reserve to fund up to four (4) supportive shared housing programs for up to $10 million in capital acquisition, rehabilitation, and operational expenses per program; and

WHEREAS, the CITY OF HAYWARD (“Lead Applicant”) desires to jointly apply for Homekey grant funds with BAY AREA COMMUNITY SERVICES (“Corporation”) and with the Cities of Livermore (“Co -Applicant”), Piedmont (“Co -Applicant”), and Union City (“Co - Applicant”). Therefore, Lead Applicant is joining Corporation and Co -Applicant in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and

WHEREAS, the Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and con ditions of the NOFA, the Application, the Department -approved STD 213, Standard Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.

ATTACHMENT II

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NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $10 million.

BE IT FURTHER RESOLVED THAT if the Application is approved, the City Manager is hereby authorized and directed to execute a Standard Agreement , in a form to be approved by the City Attorney, in a total amount not to exceed $10 million, any and all other documents required or deemed ne cessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

BE IT FURTHER RESOLVED THAT Lead Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, in a form to be approved by the City Attorney, and that the NOFA and Application will be incorporated in the Standard Agreement by r eference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

BE IT FURTHER RESOLVED THAT CITY MANAGER KELLY MCADOO, or her designee, is authorized to execute the Application and the Homekey Documents on behalf of Lead Applicant for participation in the Homekey Program.

BE IT FURTHER RESOLVED THAT the City Manager, or her designee, is authorized to negotiate and develop an agreement with the Co-Applicants and Corporation outlining the roles and responsibilities of each entity if the Application is approved, subject to the review and approval as to form by the City Attorney.

BE IT FURTHER RESOLVED THAT pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA”), the Program is a ministerial project and is therefore exempt from review pursu ant to Public Resource Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects.

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 23-330
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Preliminarily Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2024 for Old Highlands Area Road Improvement Assessment District

RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the Final Engineer's Report (Attachment III) and ordering the levy of Assessments for Fiscal Year 2024 for Old Highlands Area Road Improvement Assessment District.

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

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III OHHA Final Engineer’s Report FY 2024
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 1
powered by Legistar™

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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2024 for Old Highlands Area Road Improvement Assessment District

RECOMMENDATION

That Council adopts a resolution (Attachment II) approving the Final Engineer's Report (Attachment III) and ordering the levy of Assessments for Fiscal Year 2024 for Old Highlands Area Road Improvement Assessment District.

SUMMARY

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

BACKGROUND AND DISCUSSION

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

This assessment district, the “Old Highlands Area Road Improvement Assessment District." was authorized by an assessment ballot proceeding conducted during December 2020

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through February of 2021. On February 2, 20211, the balloting period was closed and since a weighted majority (78.55%) of ballots returned were in support of the proposed assessment, the Council approved and levied the assessments for the first time with the adoption of Resolution No. 21-020. The assessments are to expire after 20 years. The assessment was first levied beginning in FY 2022 and will cease after the FY 2041, unless renewed and extended by Proposition 218-compliant balloting.

In order to continue to levy the assessment for FY 2024, SCI Consulting Group, the assessment engineer, has prepared a Final Engineer’s Report (Attachment III). This Engineer’s Report, which establishes the estimated costs for the pavement rehabilitation project that will be funded by the assessments for FY 2024 and determines the special benefits and general benefits received from the services and to apportion the assessments to lots and parcels within the District based on the estimated special benefit each parcel receives from the services funded by the assessments, was completed and filed with the City on May 18, 2023. The total estimated amount of revenues that would be generated by the assessments in FY 2024 is approximately $181,888. The assessment rate is $665.50 per year per developed single-family residential parcel, with different rates for different uses, as described and supported in the Engineer’s Report.

ECONOMIC IMPACT

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

FISCAL IMPACT

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

STRATEGIC ROADMAP

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

Project N5: Maintain and improve pavement

Part N5a: Maintain Pavement Condition Index (PCI) at 70.

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

Part N5c: Construct various OHHA pavement improvements

SUSTAINABILITY FEATURES

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4770707&GUID=A1652F6D-8A60-41F9-AB64-9E373A91A965&Options=&Search=

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The pavement improvement project that is supported through the levying of taxes requires all contractors to recycle all construction and demolition debris as a result of the project, providing for a greener way of construction.

PUBLIC CONTACT

The City fulfilled the public contact requirement through the Prop. 218 hearing in December 2020 and balloting in February 2021. Pursuant to the requirements of Prop. 218, all property owners within the District received information regarding the yearly and total assessment for each parcel and for the District as a whole during that process. Pursuant to Government Code Section 53753.5, the notice, protest/ballot, and public hearing requirements of Prop. 218 do not apply in subsequent fiscal years after creation of an assessment district if there is no increase in the amount of the assessment beyond what was previously adopted by the local agency. Since the FY24 assessments do not exceed the maximum assessment levels previously approved by the City Council during the formation of the Assessment District, no special noticing or public hearing is required for this item.

NEXT STEPS

If the Council adopts the attached resolution, the final assessment roll will be prepared and filed with the Alameda County Auditor’s office to be included on the FY 2024 tax roll. All funds collected through the assessment will be placed in a special fund and can only be used for the purposes stated within this report.

Prepared by: Michael Wolny, Management Analyst
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO.____________

Introduced by Council Member

A RESOLUTION PRELIMINARILY APPROVING THE FINAL ENGINEER’S

REPORT AND ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2024 FOR THE OLD HIGHLANDS AREA ROAD IMPROVEMENT ASSES SMENT

DISTRICT

WHEREAS, on February 2, 2021, by Resolution No. 21-020, the City Council of the City of Hayward (the “Council”) authorized the levy of assessments for the Old Highlands Area Road Improvement Assessment District (the "Assessment") pursuant to the provisions of California Streets and Highways Code §§ 1160 – 1197 and 1813, known as the Permanent Road Division Law; and

WHEREAS, the purpose of the special assessments against the properties in the Old Highlands area to fund a pavement rehabilitation project in the area, an area map of which is attached to the staff report for this item and incorporated herein; and

WHEREAS, the Council is authorized, pursuant to the authority provided in California Streets and Highways Code §§ 1160 – 1197 and 1813 and Article XIIID of the California Constitution, to levy assessments to finance construction, improvement, and maintenance of the public roadways within the proposed district; and

WHEREAS, the Assessment was authorized by an assessment ballot proceeding conducted in 20 21 and approved by 78.55% of the weighted ballots returned by property owners, and such assessments were levied by the Council by Resolution No. 21-020 passed on February 2, 2021; and

WHEREAS, pursuant to Government Code section 53753.5, the notice, protest/ballot, and public hearing requirements of Prop. 218 do not apply in subsequent fiscal years after creation of an assessment district if there is no increase in the amount of the assessment beyond what was previously adopted by the local agency; and

WHEREAS, the Fiscal Year 202 4 assessments do not exceed the maximum assessment levels previously approved by the City Council during the formation of the Assessment District.

ATTACHMENT II

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

1. The above recitals are true and correct.

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

A. The description of the Services to be funded with Assessment proceeds;

B. The estimate of the annual cost of such Services;

C. The description of the assessable parcels of land within the District and subject to the new Assessment;

D. The description of the proportionate special and general benefits conferred on property by the proposed Assessment;

E. The description of the boundaries of the Assessment District;

F. The number of acres contained within the Assessment District and the assessed valuation of such acreage according to the last equalized assessment roll of the County;

G. The value of improvements on real estate and personal property within the Assessment District according to the last equalized assessment roll of the County;

H. The number of inhabitants in the Assessment District, as nearly as can be ascertained; and

I. The specification of the amount to be assessed upon various types of assessable land to fund the cost of the Services.

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

ATTACHMENT II

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A. That each of the parcels in the Assessment District will be specially benefitted by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the parcel; and

B. That there is substantial evidence to support this finding and determination as to special benefit; and

C. That no assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

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

5. Levy of Assessments. The adoption of this Resolution constitutes the levy of the Assessments for Fiscal Year 2024 at the rates and upon the parcels described in this Resolution, in the Final Engineer’s Report including the Assessment Roll, all incorporated herein by reference. The City of Hayward Director of Finance is hereby authorized and directed to order the collection of the Assessments stated herein.

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

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

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

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
Fiscal Year 2024 ENGINEER’S REPORT
City of Hayward
Old Highlands Area Road Improvement District
June 2023
Final Engineer’s Report

ATTACHMENT III
Cty of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024
Page i

Table of Contents
Introduction ............................................................................................................... 1 Overview.................................................................................................................................... 1 Legislative Analysis .................................................................................................................... 2 Engineer’s Report and Continuation of Assessment ................................................................. 5 Description of the Assessment District ........................................................................ 7 Improvements and Services within the Assessment District: ................................................... 7 Estimate of Cost ....................................................................................................... 10 Introduction ............................................................................................................................. 10 Estimate of Costs ..................................................................................................................... 10 Method of Apportionment ....................................................................................... 12 Method of Apportionment ...................................................................................................... 12 Discussion of Benefit Factors .................................................................................................. 12 Special Benefits from Road Improvements to Old Highlands ................................................. 13 General versus Special Benefit ................................................................................................ 13 Calculating General Benefit ..................................................................................................... 14 Benefit Zones Not Required within Old Highlands .................................................................. 16 Method of Assessment ............................................................................................................ 16 Approach ................................................................................................................................. 17 Duration of Assessment .......................................................................................................... 19 Annual Cost Indexing ............................................................................................................... 19 Certificate ................................................................................................................ 20 Assessment Diagram ................................................................................................ 21 Appendix A - Assessment Roll ................................................................................... 23

Cty of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024
Page ii

List of Tables
Table 1 – Description of Improvements .......................................................................................... 8 Table 2 – Estimate of Cost ............................................................................................................. 11 Table 3 – Relative Special Benefit based upon Average Daily Car Trips ........................................ 17

Cty of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024
Page iii

List of Figures
Figure 1 –Typical Road Cross Section ............................................................................................... 8

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

Page 1 ends

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

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

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

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

Page 2 ends

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

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

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

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

Page 4 ends

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

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

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

Engineer’s Report and Continuation of Assessment
In order to allow property owners to ultimately decide whether funding should be provided to improve street pavement within the Old Highlands area, the City on October 10th, 20 20, authorized the initiation of proceedings for a proposed benefit assessment to provide local funding for the improvements, including repaving the streets in this area . The proposed assessment was named the Old Highlands Area Road Improvement Assessment District (the “Assessment District”). In December 2020 through February of 2021, the District conducted an assessment ballot proceeding pursuant to the requirements of Article XIIID of the California Constitution ("The Taxpayer's Right to Vote on Taxes Act") and the Government Code. During this ballot proceeding, owners of property in the Assessment District were provided with a notice and ballot for the proposed special assessment. A 45 -day period was provided for balloting and a public hearing was conducted on February 2, 2021.

It was determined after the conclusion of the public hearing that 78.55% of the weighted ballots returned were in support of the assessment. Since the assessment ballots submitted in opposition to the proposed assessments did not exceed the assessm ent ballots submitted in favor of the assessments (with each ballot weighted by the proportional financial obligation of the property for which ballot was submitted), the City gained the authority to approve the levy of the assessments for fiscal year 20 22 and to continue to levy them in future years. The City Council took action, by Resolution No. 21-020 passed on February 2, 2021, to approve the levy of the assessments for the first time for fiscal year 2022.

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

If the City Council approves this Engineer's Report and the continuation of the assessments it establishes for fiscal year 202 4, the assessments would be submitted to the County Auditor for inclusion on the property tax rolls for fiscal year 2024.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

Background
The existing roads within the Old Highlands area were built consistent with County standards at the time they were built. Property owners in the City are typically required to upgrade all facilities to City standards, including City streets, sanitary sewers, water lines and so on. Annexation of the Old Highlands area into the City of Hayward occurred in 1 963, and in 1967, sewer and water improvements were made through an assessment district that was approved by property owners.

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

Figure 1 –Typical Road Cross Section

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

Final Level of
Improvements =
Baseline Level of
Improvements +
Enhanced Level of
Improvements

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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Table 2 – Estimate of Cost

Notes to Estimate of Cost:

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

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

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

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

Total
Budget
Beginnning Fund Balance (July 1, 2022) $0
Installation, Maintenance & Servicing Costs
Road Repaving $325,215
Total for Installation, Maintenance and Servicing (a) $325,215 Less:

Contributions from City of Hayward towards Project Costs(50%) (b) ($162,608) Contributions from City of Hayward towards annual adminstration (c) ($15,537) Plus Annual Interest Burden at 2% to City (d) $34,818
Total Road Maintenance Assessment District Budget (a+b+c+d) $181,888 (Net Amount to be Assessed)
Budget Allocation to Property
Total Assessment Budget (e) $181,888
Assessment Contribution
Number of Single Family Equivalent benefit units (f) 273.31 Assessment per Equivalent Dwelling Unit in Zone (e/f) $665.50 Old Highlands Area Road Improvement Assessment District Budget Fiscal Year 2024

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

1. Identification of all benefit factors derived from the improvements

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

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

4. Determination of the relative special benefit per property type

5. Calculation of th e specific assessment for each individual parcel based upon special vs. general benefit; location, property type, property characteristics and other supporting attributes
Discussion of Benefit Factors
Assessments can only be levied based on the special benefit to property. This special benefit is received by property over and above any general benefits. Any and all general benefit must be funded from another source. Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property:
"No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."

Since assessments are levied on the basis of special benefit, they are not a tax and are not governed by Article XIIIA of the California Constitution.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

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

In other words:

Total
Benefit =
General
Benefit +
Special
Benefit

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

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

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

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

General
Benefit
=
Benefit to Real
Property Outside
the Assessment
District
+
Benefit to Real Property
Inside the Assessment
District that is Indirect and
Derivative
+
Benefit to
the Public
at Large

The Old Highlands Area Road Improvement Assessment District improvements benefit the assessed parcels (as special benefits) and also provide some limited, extraneous general benefits in three ways as shown in the formula above: 1) to properties outside the Assessment District, 2) indirectly to properties within the Assessment District, and 3) to the public at large.

General Benefit
General Benefit to Real Property Outside, But Proximate to, the Assessment District

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

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

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

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

Assumptions:
43 parcels outside and adjacent to the District
299 parcels in the Assessment District
Calculation
General Benefit to Property outside the Improvement District= (43/(43+299)) = 13%

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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Approach
The special benefit to individual parcels from proximate improved residential streets is directly related to the use of such streets to access the parcel. For many years, t he Institute of Traffic Engineers ( https://www.ite.org/) has provided and updated the industry -standard of ave rage daily car trips for specific property uses and sizes – and this research serves as the basis for the assessment methodology in this Engineer’s Report.

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

Table 3 – Relative Special Benefit based upon Average Daily Car Trips

Notes :

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

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

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

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

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

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

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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

The assessment is made upon the parcels or lots of land within the Assessment District in proportion to the special benefits to be received by the parcels or lots o f land, from said improvements.

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

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

Dated: May 18, 2023

Engineer of Work

By ____________________________
John W. Bliss, License No. C052091

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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Assessment Diagram
The District Boundary and the parcels to be assessed in Old Highlands Area Road Improvement Assessment District are displayed on the Assessment Diagram, which is on file with the City Clerk of the City of Hayward. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Alameda for Fiscal Year 202 4, and are incorporated herein by reference, and made a part of this Diagram and this Report.

City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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City of Hayward
Old Highlands Area Road Improvement Assessment
Engineer’s Report FY 2024

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Appendix A - Assessment Roll
Assessments shown below reflect the prospective assessments for the single lots in the fully-built scenario using the current configuration and rate.

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

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-345
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Appropriate Additional Funds in the Amount of $109,531.25 from Measure BB (Local Transportation) Fund 212 for the Hesperian Boulevard and West A Street Protected Intersection, Project No. 05338

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to appropriate additional funds in the amount of $109,531.25 from Measure BB (Local Transportation) Fund 212 for the Hesperian Boulevard and West A Street Protected Intersection Project No. 05338.

SUMMARY
The Alameda County Public Works Agency (ACPWA) completed the Hesperian Boulevard Corridor Improvement Project on April 3, 2023. This project was designed to benefit motorists, pedestrians, bicyclists, and transit riders through the installation of wider decorative sidewalks, pedestrian lighting, signal improvements, Class II buffered bicycle lanes, bus boarding islands, wider median areas, landscaping, and pavement rehabilitation on Hesperian Boulevard between Embers Way and West A Street. The City has jurisdiction over approximately 20% of the right-of-way along this corridor with the entire intersection of Hesperian Boulevard and West A Street falling completely under City jurisdiction.

Through this collaboration with the County, the City was able to reduce overall administrative costs and minimize construction impacts and disruption in the surrounding community.

The project is now complete and ACPWA has issued the final invoice to the City, which included two unforeseen change orders, resulting in a higher final cost of the project than previously approved by Council. As a result of the gap in funding, staff is seeking authorization to appropriate an additional amount of $109,531.25 to Project 05338, in Measure BB (Local Transportation) Fund 212, to cover remaining cost of the project.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-345
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Appropriate Additional Funds in the Amount of $109,531.25 from Measure BB (Local Transportation) Fund 212 for the Hesperian Boulevard and West A Street Protected Intersection, Project No. 05338

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to appropriate additional funds in the amount of $109,531.25 from Measure BB (Local Transportation) Fund 212 for the Hesperian Boulevard and West A Street Protected Intersection Project No. 05338.

SUMMARY

The Alameda County Public Works Agency (ACPWA) completed the Hesperian Boulevard Corridor Improvement Project on April 3, 2023. This project was designed to benefit motorists, pedestrians, bicyclists, and transit riders through the installation of wider decorative sidewalks, pedestrian lighting, signal improvements, Class II buffered bicycle lanes, bus boarding islands, wider median areas, landscaping, and pavement rehabilitation on Hesperian Boulevard between Embers Way and West A Street. The City has jurisdiction over approximately 20% of the right-of-way along this corridor with the entire intersection of Hesperian Boulevard and West A Street falling completely under City jurisdiction.

Through this collaboration with the County, the City was able to reduce overall administrative costs and minimize construction impacts and disruption in the surrounding community.

BACKGROUND AND DISCUSSION

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On July 21, 20201, Council authorized the City Manager to execute a Memorandum of Understanding (MOU) with the ACPWA for the Hesperian Blvd and West A St protected intersection project and appropriated $1,250,056 from Measure BB Local Transportation, Measure B Local Transportation (Fund 215), and the Transportation System Improvement Fund (Fund 460) for the Hesperian Blvd and West A St protected intersection project.

The project was completed on April 3, 2023. ACPWA issued an invoice to the City in the amount of $1,284,587.25, which is $34,531.25 higher than the MOU and appropriation previously approved. ACPWA reported the primary reason for the increase is due to two change orders that consisted of unforeseen conflicts while installing new infrastructure for the new electrical conduits. In addition, $75,000 that was originally identified to support this project is no longer available as it was budgeted to support the D St Traffic Calming Study project and Pavement Rehabilitation project. Thus, a total of $109,531.25 additional appropriation is needed to cover the remaining gap. Per the executed MOU, an amendment to the MOU is not required in order to complete financing of the actual costs incurred by ACPWA in construction improvements.

ECONOMIC IMPACT

Active transportation options like bicycling and walking foster economic health by creating dynamic, connected communities with a high quality of life that helps support small business development, decreases transportation and healthcare costs, and increases property values, employment, and tourism. Providing alternate modes of travel reduces single lane occupancy vehicles, reduces congestion and costs related to automobile- oriented infrastructure maintenance and construction. The overall transportation system will be more efficient thus reducing travel time. Moreover, the City will become a more pedestrian and bicycle-friendly community, thus creating positive economic and health benefits and a reduction of greenhouse gas emissions.

FISCAL IMPACT

Staff recommends supporting this effort from the following existing project budgets, as the effort was related to the scope of the existing projects, and additional appropriation from Measure BB (Local Transportation) Fund 212. The Fund has sufficient balance to support this appropriation.

Fund Description Amount
Fund 215 FY23 Pavement Rehabilitation Project No. 05240 $925,056 Fund 460 Traffic Calming Implementation Program Project No. 05734 $250,000
Subtotal $1,175,056
Fund 212 Additional Appropriation from Fund Balance $109,531.25 Total $1,284,587.25

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4595751&GUID=15A0AF67-0B39-4DBC-BF3D- BCFD6EA5CCD3&Options=&Search=

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STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Invest Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Project 4, Part 4a. Work with AC Transit Interagency Liaison Committee to make bus transit more convenient and reliable

Project 8, Part 8b. Implement the Bicycle and Pedestrian Master Plan; Add 10 lane miles of bike lanes per year.

SUSTAINABILITY FEATURES

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

PUBLIC CONTACT

The project was advertised by ACPWA in accordance with established Construction Outreach Program procedures. From this, City staff received and addressed feedback and questions from Bike East Bay and Hayward residents regarding the intersection design.

NEXT STEPS

If Council approves the increase in appropriation of funding, staff will complete the necessary steps to appropriate and process the ACPWA invoice.

Prepared by: Michael Wolny, Management Analyst
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-_____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROPRIATE
ADDITIONAL FUNDS IN THE AMOUNT OF $109,531.25 FROM MEASURE BB LOCAL TRANSPORTATION (FUND 212) FOR THE HESPERIAN BOULEVARD AND WEST A STREET PROTECTED INTERSECTION, PROJECT NO. 05338

WHEREAS, in partnership with the City, the Alameda County Public Works Agency (ACPWA) completed the Hesperian Boulevard Corridor Improvement Project, a project designed to benefit motorists, pedestrians, bicyclists, and transit riders through the installation of wider decorative sidewalks, pedestrian lighting, signal improvements, Class II buffered bicycle lanes, bus boarding islands, wider median areas, landscaping, and pavement rehabilitation on Hesperian Boulevard between Embers Way and West A Street; and WHEREAS, the City Council of the City of Hayward previously approved Resolution 20-132 for an appropriation of $1,250,056 to the Hesperian Boulevard and West A Street Protected Intersection Project; and

WHEREAS, the final project total included two unforeseen change orders, resulting in $34,531.25 higher than the project cost previously approved by Council; and

WHEREAS, $75,000 of the original identified funding supporting this project is no longer available as it supports other traffic calming efforts in the City; and

WHEREAS, Measure BB (Local Transportation) Fund 212 has sufficient funds to support this effort.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes and amends the Budget Resolution to appropriate $109,531.25 to the Hesperian Boulevard and West A Street Protected Intersection Project 05338 from Measure BB (Local Transportation) Fund 212.

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 23-348
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Rejecting the Bid from Nema Construction and Awarding a Construction Contract to Ray’s Electric for the Traffic Signal Upgrade at Jackson Street Project, Project No. 05270 in the Amount of $622,540 in Addition to Approving $62,254 in Administrative Construction Contingency

RECOMMENDATION
That the Council adopts a resolution (Attachment II) rejecting the bid from Nema Construction and awarding the construction contract to Ray’s Electric for the Traffic Signal Upgrade at Jackson Street Project, Project No. 05270, in the amount of $622,540 and authorizing the Director of Public Works to spend $531,000 from the Local Alternative Transportation Improvement Plan (LATIP) funds in addition to approving $62,254 in administrative construction contingency.

SUMMARY
The Project proposes signal upgrade and improvements, particularly for enhancing traffic flow that includes installing new controllers, Sydney Coordinated Adaptive Traffic Systems (SCATS) and video detection systems, at these four intersections (Attachment III):

1. Jackson St/Amador St-Cypress Ave.;

2. Jackson St/Soto Rd.;

3. Jackson St/Winton Ave.; and

4. Jackson St/Meek Ave-Silva Ave.

Funding in the amount of $531,000 for this project was obtained through a cooperative agreement with the California Department of Transportation (Caltrans). The total Project cost is estimated at $809,302, which includes $622,540 for construction, administrative construction contingency of $62,254, and $124,508 for construction administration, inspection, and testing.

On May 9, 2023, five (5) bids were received and analyzed for the Traffic Signal Upgrade at the Jackson Street Project. The lowest bidder, Nema Construction, requested to withdraw their bid due to multiple errors in their bid proposal. Staff recommends that Council reject the lowest bid and award the contract to the second lowest responsible and responsive bidder, CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-348
Ray’s Electric of Oakland, CA in the amount of $622,540 and authorize the Director of Public Works to spend the $531,000 from the LATIP funds. Furthermore, staff is requesting approval of an Administrative Construction Contingency (administrative change orders) budget of $62,254.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Location Map
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Rejecting the Bid from Nema Construction and Awarding a Construction Contract to Ray’s Electric for the Traffic Signal Upgrade at Jackson Street Project, Project No. 05270 in the Amount of $622,540 in Addition to Approving $62,254 in Administrative Construction Contingency

RECOMMENDATION

That the Council adopts a resolution (Attachment II) rejecting the bid from Nema Construction and awarding the construction contract to Ray’s Electric for the Traffic Signal Upgrade at Jackson Street Project, Project No. 05270, in the amount of $622,540 and authorizing the Director of Public Works to spend $531,000 from the Local Alternative Transportation Improvement Plan (LATIP) funds in addition to approving $62,254 in administrative construction contingency.

SUMMARY

The Project proposes signal upgrade and improvements, particularly for enhancing traffic flow that includes installing new controllers, Sydney Coordinated Adaptive Traffic Systems (SCATS) and video detection systems, at these four intersections (Attachment III):

1. Jackson St/Amador St-Cypress Ave.;

2. Jackson St/Soto Rd.;

3. Jackson St/Winton Ave.; and

4. Jackson St/Meek Ave-Silva Ave.

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Ray’s Electric of Oakland, CA in the amount of $622,540 and authorize the Director of Public Works to spend the $531,000 from the LATIP funds. Furthermore, staff is requesting approval of an Administrative Construction Contingency (administrative change orders) budget of $62,254.

BACKGROUND

The LATIP was approved by Caltrans on November 19, 2009, for the purpose of supporting the Central Alameda County LATIP to fill the highway transportation infrastructure needs that were created when the Route 238 Hayward Bypass project was not pursued. The California Transportation Commission (CTC) approved the LATIP resolution on June 30, 2010. Projects included in the LATIP are funded from proceeds of the sale of the properties originally purchased for the now defunct Hayward Bypass Project. One of the top priority projects in the LATIP was the Route 238 Corridor Improvement Project in the City of Hayward, which was programmed for a total of $30 million in LATIP funds. This project included the design and construction of the Mission Boulevard Corridor Improvement Project which was to be constructed in three phases.

Phase 1 included roadway and street improvements on Mission Boulevard (SR 238) from A Street to Industrial Parkway, Jackson Street (SR-92) from Watkins Avenue to Mission Boulevard. The CTC allocated $8.1 million LATIP funds in August 2013 for Phase 1 construction which was completed in January 2014.

Phase 2 included roadway and street improvements on Mission Boulevard (SR-238) from Industrial Parkway to the south City limit and Jackson Street (SR-92) from Watkins Street to Santa Clara Street. Improvements on Jackson Street were limited to the addition of the SCATS to the traffic signals at the intersections on Jackson Street within the project limits.

The CTC allocated $2 million for the design phase for Phase 2 and Phase 3 (preliminary design) in August 2014, and $19.9 million for the construction phase in October 2017.

Construction for this segment on Mission Boulevard was completed in April 2021.

Phase 3 improvements will be on Mission Boulevard (SR-185) from A Street to the north City limit. This phase of the project is to begin construction this summer and will utilize local funds.

Due to time constraints, the Jackson Street project was taken out from the Mission Boulevard Corridor Improvements Phase 2 Project. Caltrans has since asked the City to complete this portion of work as it was in the original scope. On June 28, 20221, Council adopted a resolution authorizing the City Manager to execute a cooperative agreement with Caltrans to implement this signal modification to alleviate the existing traffic queue on Jackson Street, and for reimbursement of $531,000 from the LATIP funds. Prior to executing the cooperative agreement, an item to amend the LATIP allocation amount was brought before the California Transportation Commission (CTC) during the March 2022 CTC meeting, which was approved.

DISCUSSION

1 CITY OF HAYWARD - File #: CONS 22-394 (legistar.com)

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This project proposes signal upgrade and improvements, particularly for enhancing traffic flow, which includes installing new controllers, SCATS and video detection systems, at these four intersections:

1. Jackson St/Amador St-Cypress Ave.;

2. Jackson St/Soto Rd.;

3. Jackson St/Winton Ave.; and

4. Jackson St/Meek Ave-Silva Ave.

On May 9, 2023, five (5) bids were received. Nema Construction, of Albany, CA, submitted the lowest bid in the amount of $405,200, which is 1.7% lower than the Engineer’s Estimate of $412,000. However, on May 17, 2023, Nema Construction requested to withdraw the bid from consideration due to errors in the pricing on four items in their bid proposal. Staff reviewed the change and determined the bid to be unresponsible given the timeline of the change. Staff is requesting Council to reject the bid.

Ray’s Electric, of Oakland, CA, submitted the second lowest bid in the amount of $622,540, which is 51% higher than the Engineer’s Estimate. Staff is requesting that Council award the contract to Ray’s Electric, in addition to approving an Administrative Construction Contingency budget of $62,254.

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

This project is categorically exempt from environmental review pursuant to Section 15301(c) of the CEQA Guidelines because it is a project consisting of repair, maintenance or minor alteration of existing structures or facilities and involves negligible or no expansion of the existing use.

ECONOMIC IMPACT

Improvements to the City’s traffic signal system make the overall transportation system more efficient which may result in positive economic benefits for businesses around the area.

FISCAL IMPACT

This work is estimated to cost $809,302, of which $531,000 will be reimbursed by LATIP funds, as stipulated in the Caltrans Cooperative Agreement. Additionally, an Administrative Construction Contingency (change orders) budget of $62,254 and the remaining cost of $216,048 will be funded by the fund balance of Fund 410 Route 238 Corridor Improvement.

There will be no impact to the General Fund.

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The estimated project costs are as follows:

Construction Contract $622,540
Construction Contingencies $62,254
Project Design $31,127
Construction Admin, Inspection, and Testing $93,381 TOTAL $809,302

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Invest in Infrastructure. Specifically, this project supports:

 Invest in Multi-Modal Transportation
 Project N2: Implement major corridor traffic calming initiatives

SUSTAINABILITY FEATURES

Improvements to the traffic signals will reduce environmental impacts like greenhouse gas emissions and enhance the overall quality of life for residents and businesses.

PUBLIC CONTACT

Immediately after the construction contract is awarded, a preliminary notice explaining the project will be distributed to the businesses and residences adjacent to the limits of work.

After the construction work has been scheduled, businesses and residences will be notified at least seven-two hours prior to actual commencement of work.

NEXT STEPS

The estimated schedule for this project is as follows:

Begin Construction July 2023
Complete Construction September 2023

Prepared by: Kevin Yoshiki; Assistant Civil Engineer
Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________________
Kelly McAdoo, City Manager

Page 1 of 2 ends

ATTACHMENT II

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

RESOLUTION REJECTING THE BID FROM NEMA CONSTRUCTION AND AWARDING CONSTRUCTION CONTRACT TO RAY’S ELECTRIC FOR TRAFFIC SIGNAL MODIFICATION AT JACKSON STREET PROJECT, PROJECT NO. 05270 IN THE AMOUNT OF $622,540

WHEREAS, by Resolution No. 23 -077, on April 11, 2023 , the City Council approved plans and specifications for Traffic Signal Modification at Jackson Street Project No. 05270 and called for bids to be received by May 9, 2023; and

WHEREAS, on May 9, 2023 , five (5) bids were received ranging from $ 405,200 to $808,910. The low bid, submitted by Nema Construction, is approximately 1.7% below the Engineer’s Estimate of $ 412,000. The second lowest bid, submitted by Ray’s Electric, is at $622,540, which is approximately 51% higher than the Engineer’s estimate.

WHEREAS, on May 17, 2023, Nema Construction requested to withdraw the ir bid from consideration due to multiple errors in the pricing on four items in their bid proposal.

Staff reviewed the change and determined the bid to be unresponsible.

NOW, THEREFORE, BE IT RESOLVED by the City Council that Ray’s Electric of Oakland, CA is hereby awarded the contract for the Traffic Signal Modification at Jackson Street Project No. 05270, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the pr ice named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED by the City Council that the Director of Public Works is authorized to expend up to $ 809,302 for construction, construction contingencies, construction administration, inspection, and testing to complete the project.

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

Page 2 of 2 ends

ATTACHMENT II

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTESTED: _
City Clerk of the City of Hayward

APPROVED AS TO FORM:

City Attorney of the City of Hayward

TRAFFIC SIGNAL UPGRADE

JACKSON STREET
PROJECT NO. 05270

LOCATION MAP

ATTACHMENT III

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-353
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Tartaglia Engineering for Design Services for the Airport Pavement Rehabilitation Project in Total Not-to-Exceed Contract Amount of $648,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Professional Services Agreement (PSA) with Tartaglia Engineering (Tartaglia) in an amount not-to- exceed $648,000, of which $450,000 will be appropriated from Project 06819 (Taxiway Zulu Pavement Rehabilitation Design) and the remaining $198,000 will be appropriated from Project 06890 (Pavement Rehabilitation).

SUMMARY
The Hayward Executive Airport (Airport) has utilized both in-house engineering staff and outside consultants in the past to assist with the design and construction administration for capital projects. The Airport uses outside consultants due to their engineering expertise and knowledge of Federal Aviation Administration (FAA) regulations and standards.

A request for qualifications (RFQ) was prepared and released according to the City’s procurement policy and FAA guidelines for the design services for the Airport Pavement Rehabilitation Project. Staff recommends award of the contract to Tartaglia in an amount no-to-exceed $648,000 following a review panel of the responses. The funding for this contract is included as part of the recommended FY 23-24 Capital Improvement Program (CIP) under Projects 06819 (Taxiway Zulu Pavement Rehabilitation Design) and 06890 (Pavement Rehabilitation), with 90% of the cost for the design services for Project 06819 to be reimbursed by the FAA. Staff also anticipates receipt of State of California Division of Aeronautics grant funding in the amount of 5% of the total cost or $150,000, whichever is lower.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-353
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Tartaglia Engineering for Design Services for the Airport Pavement Rehabilitation Project in Total Not-to-Exceed Contract Amount of $648,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Professional Services Agreement (PSA) with Tartaglia Engineering (Tartaglia) in an amount not-to-exceed $648,000, of which $450,000 will be appropriated from Project 06819 (Taxiway Zulu Pavement Rehabilitation Design) and the remaining $198,000 will be appropriated from Project 06890 (Pavement Rehabilitation)

SUMMARY

The Hayward Executive Airport (Airport) has utilized both in-house engineering staff and outside consultants in the past to assist with the design and construction administration for capital projects. The Airport uses outside consultants due to their engineering expertise and knowledge of Federal Aviation Administration (FAA) regulations and standards.

Page 2 of 4 ends

BACKGROUND

The Airport has employed the use of both consultants and in-house engineering and design staff in the past to assist with the design and construction administration of various Airport-related capital projects. The Airport uses outside consultants due to their engineering expertise and knowledge of FAA regulations and standards.

A request for qualifications (RFQ) was prepared and released according to the City’s procurement policy and FAA guidelines for the design services for the Airport Pavement Rehabilitation Project. Two Statements of Qualifications were received. After reviewing and considering the merits of each of the statement of qualifications, the review panel unanimously selected Tartaglia for the design services for the Airport Pavement Rehabilitation Project for the next two years, with two, 1-year extensions and will be engaged to complete projects for the Airport as further discussed below.

DISCUSSION

Tartaglia will be tasked with working on a base line and two add-on alternatives projects.

These projects are the rehabilitation of Taxiway Zulu between Taxiway Delta and Taxiway Foxtrot and the add alternatives, the rehabilitation of Taxiway Alpha 1 and the realignment (centerline only) of Taxiway Zulu at Taxiway Delta. The Scope of Services includes preliminary engineering, design engineering, and bidding phase services including preparation of Plans, Specifications, and Estimate (PS&E) services. The design services will ensure Airport facilities conform to current FAA design standards. Tartaglia will assist in preparing the PS&E services in accordance with FAA requirements.

Taxiway Zulu between Taxiway Delta and Taxiway Foxtrot - $301,400 Taxiway Zulu is a 50-foot-wide asphalt paved taxiway, approximately 3,300 feet in length, connecting Taxiway Foxtrot to Taxiway Delta with an intersection at Taxiway Echo (approximately 165,000 sf). Proposed improvements include localized full-depth reconstruction of portions exhibiting subgrade failure, followed with a mill and overlay of the entire taxiway. The work will include shoulder backing, installation of pavement markings, and retro-reflective pavement markers.

Rehabilitation of Taxiway Alpha 1 - $144,200
This is Additive Alternate 1 to the taxiway rehabilitation effort. Taxiway Alpha 1 is a 35- foot-wide asphalt paved element, approximately 1,300 feet in length, connecting Taxiway A with the threshold of Runway 28L and providing connection to the Runway 28L holding bay. The focus of this improvement is the first 500 feet of taxiway at the connection to Taxiway Alpha (total area of rehabilitation estimated to be 16,000 sf). Proposed improvements include localized full-depth reconstruction of portions exhibiting subgrade failure, followed with a mill and overlay of the extent of the work area. The work will include shoulder backing and installation of pavement markings.

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Realignment (centerline only) of Taxiway Zulu at Taxiway Delta - $202,400 This is Additive Alternate 2 to the taxiway rehabilitation effort. Taxiway Zulu currently realigns to Taxiway Zulu 1 at the intersection with Taxiway Delta. This shift currently creates an alignment not characteristic of normal parallel taxiway elements. The focus of this improvement is to be straighter and not require as much aircraft maneuvering.

Proposed improvements include removal of the existing structure, earthwork and subgrade preparation, aggregate base and hot-mix asphalt pavement, shoulder backing, pavement markings and retroreflective markers.

It is expected this project will require approximately six to nine months to complete.

Staff anticipates environmental services will be performed by the Airport’s current environmental consultant and costs for such services are part of an on-going environmental and planning services contract.

The scope will also include the interpretation of FAA policies and design standards and evaluating impacts to the airport along with additional services as related to baseline and two add-alternates predesign services (cost: $648,000) and administrative/staff costs of 15% of the total project costs (cost: $98,000).

ECONOMIC IMPACT

Projects identified in the taxiway’s rehabilitation projects will ultimately generate work for skilled and unskilled tradespeople during the construction phase.

FISCAL IMPACT

There is sufficient funding to cover the cost of the agreement with Tartaglia Engineering for design services for the Airport Pavement Rehabilitation Project. Costs associated with the consultant agreement have been programmed into the Recommended FY23-24 CIP .

It is expected that the total cost for design of these projects, along with administrative services and in-house costs, will not exceed $746,000. Funding is included as part of the Recommended FY24 Capital Improvement Program (CIP) under Projects 06819 and 06890, with 90% of the cost for the design services in Project 06819 to be reimbursed by the FAA.

Staff also anticipates State of California Division of Aeronautics Grant funding in the amount of 5% of the total cost or $150,000 whichever is lower.

As noted above, the total project amount includes an additional 15% of the total contract cost for administrative services and in-house charges.

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

Page 4 of 4 ends

STRATEGIC ROADMAP

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

Project N12: Upgrade and Maintain Airport Infrastructure and facilities.

SUST AINABILITY FEATURES

The Airport is strongly committed to developing projects that are environmentally responsible. Therefore, staff will ensure that all plans proposed by future capital projects incorporate features that are in line with the City’s sustainability guidelines.

PUBLIC CONT ACT

The agenda and staff report for this item have been posted on the City’s website and distributed to interested parties.

NEXT STEPS

If Council approves this request, the City Manager will finalize negotiations and execute the contract with Tartaglia.

Prepared by: Doug McNeeley, Airport 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 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TARTAGLIA

ENGINEERING FOR DESIGN SERVICES FOR THE AIRPORT PAVEMENT

REHABILITATION PROJECT FOR OUTSIDE DESIGN SERVICES AT HAYWARD

EXECUTIVE AIRPORT

WHEREAS, the City of Hayward (“City”) owns and operates Hayward Executive Airport (“Airport”); and

WHEREAS, the Airport has employed the use of both consultants an d in -house engineering and design staff in the past to assist with the design and construction administration of various Airport-related capital projects; and

WHEREAS, the Airport uses outside consultants due to their engineering expertise and knowledge of FAA regulations and standards, and

WHEREAS, According to City procurement policy and FAA guidance, Airport staff and the Purchasing Division distributed a Request for Qualifications (RFQ) to aviation consultants; and

WHEREAS, after reviewing and considering the merits of each RFQ received, Tartaglia was selected as the consultant for the next two years and with two 1 -year extensions; and

WHEREAS, Tartaglia will be tasked with working on a Baseline plus Two Add -on Alternatives projects during the length of the contract. The first is a rehabilitation of Taxiway Zulu between Taxiway Delta and Taxiway Foxtrot. The add alternatives are a rehabilitation of Taxiway Alpha 1 and a realignment (centerline only) of Taxiway Zu lu at Taxiway Delta; and

WHEREAS, Tartaglia will also be utilized in the event an interpretation of new FAA policies and procedures and evaluate impacts to the airport is required; and

WHEREAS, the cost for the requested outside services will be $ 648,000; and

ATTACHMENT II

Page 2 of 2 ends

WHEREAS, the Recommended FY 20 24 Capital Improvement Program includes funding for the design services projects, and other requested services in the Airport Capital Fund (Fund 621), Project No. 06819 (Taxiway Zulu Pavement Rehabilitation Design) and Project No. 06890 (Pavement Rehabilitation).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute a Professional Services Agreement with Tartaglia in an Amount Not-to-Exceed $648,000 for outside airport design services for a term of two years and with two, 1-year extensions, in a form to be approved by the City Attorney.

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 23-358
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Project Sentinel for Fiscal Year 2024 in an Amount Not-to-Exceed $160,000 to Provide Mediation, Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and Mobilehome Space Rent Stabilization Ordinance

RECOMMENDATION
That the Council adopts a resolution (Attachment II) to authorize the City Manager to execute an agreement with Project Sentinel to provide mediation and arbitration services, administrative support, and outreach and educational services related to the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and Mobilehome Space Rent Stabilization Ordinance (MRSO) in an amount not-to- exceed $160,000 for Fiscal Year 2024.

SUMMARY
As part of the RRSO, the City provides a mandatory mediation program with binding arbitration to resolve rent increase disputes for tenants of covered rental units upon rent increases greater than five percent. Project Sentinel currently administers the RRSO rent dispute resolution process, including providing mediation and arbitration services, administrative support, and outreach and education support. Project Sentinel has reliably provided these services for several years and their current contract with the City will expire on June 30, 2023.

Since Council adopted the RRSO in July 2019, Project Sentinel has not increased their cost rates. At the same time, there has been an increase in volume and complexity of rent dispute resolution petitions submitted by tenants and landlords since FY 2020, resulting in a significant increase in demand on Project Sentinel without any corresponding increase to their capacity or accounting for inflation in costs since 2019. The RRSO establishes timeframes in which the City must respond to petitions and move them through the rent dispute resolution process. An increase in petition volume without an increase in organizational capacity puts the City at risk of not meeting the timelines mandated by the RRSO.

The Project Sentinel agreement is paid for using funds generated in the Rental Housing Program Fund and funded by payments from the annual Residential Rent Stabilization Fee. The fee supports the CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-358
and funded by payments from the annual Residential Rent Stabilization Fee. The fee supports the administration of the RRSO, the Mobilehome Space Rent Stabilization Ordinance (MRSO), and the Tenant Relocation Assistance Ordinance (TRAO). On March 28, 2023, Council approved Resolution 23-072 amending the Fiscal Year 2024 Master Fee Schedule to update the fees associated with administrating the RRSO. The fee change approved by Council reflected the need to increase funding to Project Sentinel, or whichever organization is providing that same service, to enable them to meet the increasing volume of petitions within the timeframe parameters established in the RRSO and MRSO. With this increase in the fee, there are sufficient funds budgeted in the proposed FY 2024 Operating Budget to cover the cost associated with this contract with Project Sentinel. The total fiscal impact will be equal to the amount budgeted for FY 24, and there is no additional impact to the Rental Housing Program Fund.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Project Sentinel for Fiscal Year 2024 in an Amount Not-to-Exceed $160,000 to Provide Mediation, Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and Mobilehome Space Rent Stabilization Ordinance

RECOMMENDATION

That the Council adopts a resolution (Attachment II) to authorize the City Manager to execute an agreement with Project Sentinel to provide mediation and arbitration services, administrative support, and outreach and educational services related to the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and Mobilehome Space Rent Stabilization Ordinance (MRSO) in an amount not-to-exceed $160,000 for Fiscal Year 2024.

SUMMARY

As part of the RRSO, the City provides a mandatory mediation program with binding arbitration to resolve rent increase disputes for tenants of covered rental units upon rent increases greater than five percent. Project Sentinel currently administers the RRSO rent dispute resolution process, including providing mediation and arbitration services, administrative support, and outreach and education support . Project Sentinel has reliably provided these services for several years and their current contract with the City will expire on June 30, 2023.

Since Council adopted the RRSO in July 2019, Project Sentinel has not increased their cost rates.

At the same time, there has been an increase in volume and complexity of rent dispute resolution petitions submitted by tenants and landlords since FY 2020, resulting in a significant increase in demand on Project Sentinel without any corresponding increase to their capacity or accounting for inflation in costs since 2019. The RRSO establishes timeframes in which the City must respond to petitions and move t hem through the rent dispute resolution process . An increase in petition volume without an increase in organizational capacity puts the City at risk of not meeting the timelines mandated by the RRSO.

The Project Sentinel agreement is paid for using funds generated in the Rental Housing Program Fund and funded by payments from the annual Residential Rent Stabilization Fee. The

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fee supports the administration of the RRSO, the Mobilehome Space Rent Stabilization Ordinance (MRSO), and the Tenant Relocation Ass istance Ordinance (TRAO). On March 28, 2023, Council approved Resolution 23-072 amending the Fiscal Year 2024 Master Fee Schedule to update the fees associated with administrating the RRSO.1 The fee change approved by Council reflected the need to increase funding to Project Sentinel, or whichever organization is providing that same service, to enable them to meet the increasing volume of petitions within the timeframe parameters established in the RRSO and MRSO. With this increase in the fee, there are sufficient funds budgeted in the proposed FY 2024 Operating Budget to cover the cost associated with this contract with Project Sentinel. The total fiscal impact will be equal to the amount budgeted for FY 24, and there is no additional impact to the Rental Housing Program Fund.

BACKGROUND

On June 19, 2019, City Council approved adding Chapter 12 to the Hayward Municipal Code to adopt a new Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) to mitigate displacement of Hayward residents .2 Included in the RRSO is a mediation and binding arbitration program in which tenants living in units covered by the residential rent threshold provision of the ordinance (Section 12-1.05) have access to free mediation services when they receive a rent inc rease greater than five percent. The MRSO also includes an arbitration program. The City entered into agreements for FYs 2020 through 2023 with Project Sentinel to support the City in its administration of the RRSO and MRSO. Each year, staff provide a RRSO implementation update to the Homelessness-Housing Task Force (HHFT). The most recent update provides a more detailed discussion of Project Sentinel’s role and the implementation of the RRSO.3

On March 28, 2023, Council approved Resolution 23-072, which authorized an increase in the fees associated with administering the RRSO. Fees are assessed based on unit type, so that units subject to the rent increase threshold (covered rental units) are assessed a higher fee than those not covered by the rent increase threshold (rental units). Council approved the following increases:

1 March 28, 2023 City Council Meeting Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6105685&GUID=6AF6D577-235F-4C50-B8A9- 3467E792C327&Options=&Search=
2 June 19, 2019 City Council Meeting Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3985848&GUID=52D1B678-D6BB-401A-AB3C- 8990885C0CDD&Options=ID|Text|&Search=rent+stabilization 3 September 28, 2022, Homelessness-Housing Task Force Staff Report and Attachments:
https://hayward.legistar.com/MeetingDetail.aspx?ID=1001001&GUID=F1C07F1E-04E6-47E2-9BB5- D9755229EAF6&Options=info|&Search=

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Table 1. RRSO Fee Changes for FY 2024

Proposed Fee Increase

MH RU CRU
FEE PER UNIT $5 $32 $66
INCREASE FROM FY 19 FEE $0 $13 $26
PERCENT TOTAL INCREASE 0% 68% 65%
Legend: MH = Mobile Home Unit; RU = Rental Unit; CRU = Covered Rental Unit

DISCUSSION

As part of the RRSO, the City provides a mandatory mediation program with binding arbitration to resolve rent increase disputes for tenants of covered rental units upon rent increases greater than five percent. Project Sentinel currently administers the me diation and arbitration program, and provides educational workshops to advise tenants and landlords of their rights and responsibilities under the City’s RRSO. A key component of the work Project Sentinel does to support the City’s implementation of the RRSO is ensuring that petitions move through the workflow within the timeframes established by the RRSO and contracting with a panel of mediators and arbitration to provide services established under the RRSO and MRSO.

Since the conclusion of the Emergency Rental Assistance Program (ERAP) in 2022 and the more recent end of the County eviction moratorium in April 2023, staff has seen an increase in general inquiries regarding evictions and rent increases and a steady volume of rent review petitions from tenants of covered rental units. Staff anticipates a continued increase in both the volume and complexity of rent review petitions due to the presence of concurrent small claims cases or other litigation related to the end of the eviction moratorium a nd State rent relief program.

The City has been in contract with Project Sentinel since FY 2018, with their scope expanding in FY 2020 to account for the adoption of the new RRSO in July 2019. Project Sentinel has not increased their rates since FY 2020, despite the increase in petition volume and rising cost inflation. The fee change approved by Council in March 2023 reflected the need to increase funding to Project Sentinel to enable them to meet the increasing volume and complexity of petitions within the timeframe parameters established in the RRSO.

Staff recommends Council adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Project Sentinel to support implementation of the RRSO and MRSO in FY 2024. With the Council-approved increase in the RRSO administration fee, there are sufficient funds budgeted in the proposed FY 202 4 Operating Budget to cover the cost associated with a contract with Project Sentinel not-to-exceed $160,000. The total fiscal impact will be equal to the amount budgeted for FY 2024, and there is no additional impact to the Rental Housing Program Fund.

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FISCAL IMPACT

There are sufficient funds budgeted in the proposed FY 2024 Operating Budget to cover the cost associated with this item, and there is no additional impact to the Rental Housing Program Fund.

STRATEGIC ROADMAP

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

This item is not specifically related to a project identified in the Strategic Roadmap. Staff is bringing forth this item because the contract with Project Sentinel is necessary for implementing the RRSO.

PUBLIC CONTACT

There has been no public comment related to this item ; however, the public was given the opportunity to comment on the fee increase at the March 28, 2023, meeting and the preceding Homelessness-Housing Task Force meeting on March 2, 2023.4

NEXT STEPS

If this item is approved, staff will enter into an agreement with Project Sentinel to provide the services described in this report.

Prepared by: Amy Cole-Bloom, Acting Community Services Division Manager

Recommended by: Christina Morales, Housing Division Manager Dustin Claussen, Assistant City Manager

Approved by:

_________________________________
Kelly McAdoo, City Manager

4 March 2, 2022 Homelessness-Housing Task Force Staff Report and Attachments:
https://hayward.legistar.com/MeetingDetail.aspx?ID=1084886&GUID=36062005-4BA8-4A03-85D8- 589D2AEC9376&Options=info|&Search=

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH PROJECT SENTINEL IN AN AMOUNT NOT -TO-EXCEED $160,000 TO PROVIDE MEDIATION, ARBITRATION, AND EDUCATION

SERVICES RELATED TO THE RESIDENTIAL RENT STABILIZATION AND

TENANT PROTECTION ORDINANCE AND MOBILEHOME SPACE RENT

STABILIZATION ORDINANCE

WHEREAS, an Agreement with Project Sentinel was executed on July 1, 2019, to administer the City’s Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and the Mobile home Space Rent Stabilization Ordinance (MRSO) and to provide administrative support, develop a curriculum and provide education regarding tenant and landlord rig hts and responsibilities, and mediation and arbitration services to resolve disputes regarding rent increases in an amount not-to-exceed $75,000; and

WHEREAS, there has been an increase in volume and complexity of rent review petitions since the RRSO was adopted in July 2019 and Project Sentinel has not increased its rates since Fiscal Year 2020; and

WHEREAS, Council approved an increase in the rent review admi nistration fee on March 28, 2023, which reflected the need to increase funding to Project Sentinel to enable them to process the increasing volume and complexity of petitions within timeframes established by the RRSO; and

WHEREAS, there are sufficient funds budgeted in the proposed FY 2024 Operating Budget to cover the cost associated with this agreement with no additional impact to the Rental Housing Program Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to execute an Agreement for Fiscal Year 2024 with Project Sentinel, in a form approved by the City Attorney, for a total not-to-exceed amount of $160,000.

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 23-359
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute the proposed Master Agreement and Lease (Attachment III; “Master Lease”) with the Hayward Area Recreation and Park District (HARD).

SUMMARY
The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks.

Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. The agreement was renewed approximately every 10 years through 2021. On June 22, 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks. Due to staffing vacancies and competing priorities related to the COVID-19 pandemic response, additional time was needed to negotiate a new agreement. On July 5, 2022, Council authorized an extension through October 15, 2022, and on October 18, 2022, Council authorized another extension through June 30, 2023. These extensions provided City and HARD staff with additional time to negotiate and finalize the Master Lease, as well as facilitate a Joint Session of the HARD Board and Hayward City Council on April 24, 2023. The Joint Session allowed both bodies to 1) discuss shared vision and opportunities for collaboration, 2) lay the groundwork for frequent interagency collaboration, and 3) gain clarity around how to best serve the Hayward public. Following the Joint Session, HARD and City staff finalized the Master Lease (Attachment III), which is for ten years with three optional five-year extensions. Staff recommends Council adopt the Resolution authorizing the City Manager to execute the proposed Master Lease.

CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-359

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Master Agreement and Lease
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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Page 1 of 3 ends

DATE: June 20, 2023

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Master Agreement and Lease with the Hayward Area Recreation and Park District for Operations and Maintenance of City Lands

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute the proposed Master Agreement and Lease (Attachment III; “Master Lease”) with the Hayward Area Recreation and Park District (HARD).

SUMMARY

The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks. Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. The agreement was renewed approximately every 10 years through 2021. On June 22, 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks.1 Due to staffing vacancies and competing priorities related to the COVID -19 pandemic response, additional time was needed to negotiate a new agreement. On July 5, 2022, Council authorized an extension through October 15, 2022 , and on October 18, 2022, Council authorized another extension through June 30, 2023 .2,3 These extensions provided City and HARD staff with additional time to negotiate and finalize the Master Lease, as well as facilitate a Joint Session of the HARD Board and Hayward City Council on April 24, 2023 .4 The Joint Session allowed both bodies to 1) discuss shared vision and opportunities for collaboration, 2) lay the

1 June 22, 2021, City Council Agenda and Staff Report:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4992606&GUID=630F9475-5B89-4B4E-B89F- 80A2AA6536C7&Options=&Search=
2 July 5, 2022, City Council Agenda and Staff Report:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5714866&GUID=B56EFAED-E4A6-4A0F-9433- A15EA4D9EBD8&Options=&Search=
3 October 18, 2022, City Council Agenda and Staff Report:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5886384&GUID=2C9DD678-106B-4A9F-941A- 4E390CECAE5D&Options=&Search=
4 April 24, 2023, City Council and HARD Board Joint Session Materials:
https://hayward.legistar.com/MeetingDetail.aspx?ID=1098422&GUID=D9B57B8A-EC27-4076-A972- 8D895A48C668&Options=info|&Search=

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groundwork for frequent interagency collaboration, and 3) gain cl arity around how to best serve the Hayward public. Following the Joint Session, HARD and City staff finalized the Master Lease (Attachment III), which is for ten years with three optional five-year extensions.

Staff recommends Council adopt the Resolution authorizing the City Manager to execute the proposed Master Lease.

BACKGROUND

The Hayward Area Recreation and Park Distri ct (HARD) was created in 1944 a s an independent special district under California law. HARD maintains and operates parks in the communities of Hayward, Castro Valley, San Lorenzo, Ashland, Cherryland, and Fairview.

HARD receives a portion of local property tax for its operations and capital improvements. In addition, voters passed Measure F1 in 2016, a $250,000,000 bond measure tha t authorizes funding for repairs, upgrades, and new construction projects to the District’s parks and facilities.

The City and HARD first entered into a Master Agreement and Lease in 1970 for City-owned parks. Through th at agreement, HARD assumes the resp onsibility of operating and maintaining the park sites for a nominal rent of $1.00 per year. That agreement was renewed approximately every 10 years through 2021. Council authorized a one-year Master Lease in 2021 at the end of the last 10-year term, which was extended through June 30, 2023.

There are currently 33 City-owned parks covered in the lease agreement. City-owned parks are a combination of legacy properties that the City has owned for decades, as well as parks that were established as part of dev elopment agreements wh en the developer agreed to dedicate a portion of a project to a community park.

DISCUSSION

On June 22, 2021, Council authorized the City Manager to execute a one-year Master Lease with HARD for City-owned parks. Previous agreements had not include d operational standards for care and use of park premises. Because of this, staff proposed the agreement be for a one-year term and include a timeline and process to create operational standards that can be included in a future lease agreement. Due to ongoing staff vacancies and competing priorities due to COVID -19, staff from both agencies required an extension to the one -year lease, which Council authorized on July 5, 2022.

Since that extension, HARD developed maintena nce standards for all parks that serve as a consistent and objective way for HARD staff to track the condition of parks and make plans for improvements as necessary. Additionally, staff from HARD and the City worked with CivicMakers, a consultant agency, to facilitate a Joint Session between the HARD Board and Hayward City Council on April 24, 2023. Key themes discussed at the Joint Session included:
communication and collaboration; ensuring equitable access to parks and resources; and determining shared priorities and how to measure progress.

Page 3 of 3 ends

Following the Joint Session, HARD and City of Hayward staff worked closely to finalize the Master Lease (Attachment III). Staff recommends that Council adopt a resolution (Attachment II) authorizing the City Manager to execute the Master Lease.

FISCAL IMPACT

There is no fiscal impact as a result of this item.

NEXT STEPS

Once authorized by Council, staff will execute the Master Lease, which will begin on July 1, 2023. The term will be for ten years, with three subsequent optional five-year extensions.

Staff will return to Council in the fall for another joint work session with the HARD Board.

Prepared by: Amy Cole-Bloom, Acting Community Services Manager

Recommended by: Mary Thomas, Assistant to the City Manager Regina Youngblood, Assistant City Manager

Approved by:
_____________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 23-____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A MASTER AGREEMENT AND LEASE WITH THE HAYWARD ARE A

RECREATION AND PARK DISTRICT FOR OPERATI ONS AND MAINTENANCE

OF CITY LANDS

WHEREAS, Chapter 4 of Division 5 of the Public Resources Code of the State of California authorizes and empowers any city and recreation district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and

WHEREAS, City and District entered into a Master Agreement and Lease dated November 17, 1970, for the purpose of establishing and maintaining park sites within the City of Hayward; and

WHEREAS, that Agreement has been renewed every ten years with minor modifications to add or remove park sites , was extended for one year from July 1, 2021, through June 30, 2022, and was further extended through June 30, 2023; and

WHEREAS, both City of Hayward’s City Council and District’s Board of Directors held a joint working session on April 24, 2023, committ ing to ongoing collaboration between the two agencies; and

WHEREAS, both City and District desire to continue the relationship established in the Master Agreement and Lease for a term of ten years with three additional optional five - year extensions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to n egotiate and execute a Master Agreement and Lease with the Hayward Area Recreation and Park District for operations and maintenance of City lands through June 30, 20 33, with three additional optional five -year extensions in a form approved by 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

MASTER AGREEMENT AND LEASE FOR HAYWARD PARK
SITES
Between the City of Hayward and the Hayward Area
Recreation and Park District
THI
S AGREEMENT AND LEASE is made and entered into as of this first (1st) day of July, 2023, hereafter referred to as the "Effective Date," by and between the CITY OF HAYWARD, a municipal corporation, located in the County of Alameda, State of California, hereinafter designated as "City," and the HAYWARD AREA RECREATION AND PARK DISTRICT, an independent special district organized pursuant to the laws of the State of California, hereinafter designated as "District."

RECITALS
WHEREAS, chapter 4 of division 5 of the Public Resources Code of the State of California a
uthorizes and empowers any city and recreation district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and
WHEREAS, the District is the local parks and recreational service provider for the City of Hayward; and
WHEREAS, the District and City have a shared vision and mutual interest in providing Ha
yward residents with the opportunity to participate in recreation activities and access high- quality outdoor areas and developing a unified equitable approach to serving the community's recreational and outdoor needs; and
WHEREAS, since December 1944, the Hayward Area Recreation and Park District and the C
ity of Hayward have collaborated to address youth and community needs for developing and maintaining parks and open spaces and providing recreational opportunities; and WHEREAS, City and District entered into a Master Agreement and Lease dated November 17, 1970, for the purpose of establishing and maintaining park sites within the City of Hayward; and
WHEREAS, that Agreement has been renewed every ten years with minor modifications to add or remove park sites; and
WHEREAS, the partnership has allowed both governmental agencies to use facility and park
space efficiently and share resources for upkeep and maintenance of joint parks, open spaces, and facilities and park space to be effectively programmed to best serve their Attachment III
constituent groups; and
WHEREAS, the City and District acknowledge the benefits of the shared use agreement an
d seek to extend their working relationship; and
WHEREAS, both City and District are desirous of incorporating the park sites subject to the above-said Master Agreement and Lease into a new Master Agreement and Lease for a period of time.

NOW, THEREFORE, in consideration of the covenants and conditions hereinafter contained, it is mutually agreed by and between the parties hereto as follows:

City hereby leases to District and District hereby hires from City the parcels of real property (park sites) described in Exhibit A to this Agreement ("premises"), under the following terms and conditions.

1. Term. The term shall commence on July 1, 2023 and shall terminate on June 30, 2 033. At the conclusion of the 10 years, the District and City may enter into up to three successive 5-ye
ar extensions. Unless either party states their intention to end the lease in writing at leas
t sixty (60) days prior to the end of the Initial Agreement or subsequent extension pe
riod, the term will automatically be extended for five years on July 1st of the expiration date.

2. Rent. District shall pay City the sum of one dollar ($1.00) as rent for the year of this Lease upon the Effective Date of this Lease. It is mutually agreed and understood that the nominal rent
herein provided is in recognition that District will expend substantial funds in
maintaining and operating the pa rks and facilities.

3. Use
of Premises. District, during the term herein provided, or any extension thereof, shall use said premises for public recreation purposes and shall direct and supervise community recreation programs and activities thereon. The District shall be responsible for all programming and events at parks and may collect fees, i f applicable and outlined in the Districts Master Fee Schedule, for District purposes.

Ci
ty shall notify the District at least 2 weeks in advance when planning events on sites in this agreement. Exceptions may be made for less notice, in writing, when sites are needed for large-scale emergency response. The District will be invited to applicable City of Hayward planning meetings to provide feedback and guidance in developing programing on District operated and maintained sites. District will provide, in addition to other information, cost estimates, time estimates, and feasibility of success.

4. Care of Premises. District shall be responsible for and shall supply all necessary and ordinary care, maintenance, and repair of all equipment, playground facilities, grounds, buildings, and improvements now on or hereafter placed on said premises, and all necessary and ordinary custodial, janitorial, gardening, and other services for said premises.

Dur
ing the term of this Agreement, District and City agree to utilize the Hayward Area Recreation and Park District Board of Directors’ (Board of Directors) approved and adopted Park Maintenance Standards to ensure equal level of care and maintenance for all District properties.

T
o ensure the successful implementation of park standards and programs, and due to certain regional and City-wide issues that may impede the District’s ability to meet the standards with consistency, when possible, the City agrees to provide support to the District, upon the District request, in the event that assistance is needed for maintenance or upkeep of the leased properties and for addressing cross-agency challenges, including but not limited to the items below. The City will provide support when resources are available, but is under no obligation to provide maintenance support under the terms of this Agreement:
(a
) Illegal dumping in parks,
(b) Homelessness in parks and the impact of the user experience and ability to achieve maintenance standards, and
(c) Any cooperative maintenance endeavors between the City and District, including use of specialized equipment to be used for maintenance in parks.

5. Utilities. District shall procure and pay for all utilities furnished to the premises and improvements thereon. The City agrees to work collaboratively with the District to determine mutually beneficial utility rates to provide high quality parks for citizens.

6. Insurance and Indemnification. District shall take out and keep in force during the term of this Agreement and Lease, at District's expense, public liability insurance with coverage in the amount of three hundred thousand dollars ($300,000) for Property Damage and in the amount of four million dollars ($4,000,000) Combined Single Limit for one occurrence for bodily injury, personal injury and property damage, and shall designate specifically that City is an additional named insured thereunder. Certificates evidencing said insurance coverage shall be presented to City Attorney of City for written approval. The District may meet its insurance obligation through a program of self-insurance which may include participation in a risk-sharing pool such as California Association of Park and Recreation Indemnity (CAPRI).

D
istrict will, at all times during the life of this Lease, and at its own expense, procure and maintain in force workers' compensation insurance covering all employees in connection with all its activities and operations upon said premises.

D
istrict shall obtain a written obligation on the part of any such insurance company to notify City in writing at least 45 days (in the case of workers' compensation, 10 days) prior to any cancellation or amendment of such policy and of any delinquency in premium payments. District agrees, if District does not take out such insurance or keep the same in full force and effect, that City may take out the necessary insurance and pay the premium therefore, and District shall repay to City the amount so paid by having such amount deemed to be additional rental and payable as such in the next rental payment due.

C
ity shall be free of all liabilities and claims for damage by reason of any injury or death to any person or persons, or property of any kind whatsoever and to whomsoever belonging, from any cause or causes whatsoever, except any liability and claim caused solely by the negligent acts or willful misconduct of City, its officers, employees, agents or servants, while in, upon, or connected in any way with the premises, or District’s performance of obligations, during the term of this Agreement and Lease or any extension of renewal thereof, and District hereby agrees to indemnify, save harmless, and defend City from all liability, damages, loss, costs and obligations, including court costs and counsel fees, on account of or arising out of or alleged to have arisen out of, directly or indirectly, any such injuries, death or losses.

N
othing in this Agreement and Lease contained shall prevent either party from obtaining additional insurance at its own expense.

T
he following endorsements must be attached to the policy:
(a
) If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". The policy must cover personal injury as well as bodily injury. (b) Th e policy must cover complete Contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property MUST BE ELIMINATED from the basic policy endorsements.
(c) B road Form property damage liability must be afforded. Permission is granted for deductible which shall not exceed $500 without special approval of the City.
(d) The City must be named as an additional insured under the coverage afforded with respect to the obligations being performed under the contract. (e) An endorsement shall be provided which states that the coverage is PRIMARY INSURANCE and that no other insurance effected by the City will be called upon to contribute to a loss under this coverage.

7. Improvements. Before final approval by the Board of Directors of any structures, facilities, alte rations, r epairs, additions, or improvements whether permanent or not, the District shall obtain the consent of the C ity Manager or their designee. These improvements the City Manager or their designee shall give consent unless in their o
pinion such structures, facilities, alterations, repairs, additions, or improvements would unreasonably interfere with the publ ic us e of the premises.

On a quarterly basis, the District’s Director of Capital or designee will meet with the City’s designee to review upcoming alterations, repairs, ad ditions, o r improvements. If the City Manager or designee has no concerns with the improvements, they will provide verbal consent accepting improvements, which will be reflected in the wri tten me eting notes.

During the term of this Agreement, District agrees to provide a report to City Council of capital improvements budgeted, scheduled, and completed for all District properties and programs in the City of H ayward. T he report shall be submitted each fiscal year. The report shall include the status of planning and design and estimated timing for construction and opening. Information on changes made to planned capital improvement projects, if applicable, will be made available to the City.

8. Termination. In the event the District is dissolved or the territory of City is detached from Distri
ct, this Lease shall terminate as of the date of such dissolution or detachment. Upon te
rmination of the Lease, District shall vacate properties, an d responsibility for maintenance of leased properties shall end.

Should either party desire to terminate the agreement prior to the designated term, the following
shall apply:
(a) The
re shall be no termination of the agreement within the first five (5) years of the term.
(b) After the first five (5) years of the term or during any extension of the term e ither party may terminate this Agreement upon the occurrence of an uncured default by the other party of any material term hereof. The non-defaulting party shall provide written notice to the defaulting party of the default and demand that the de
fault be cured within 12 months thereafter. The non-de faulting party may, in the exercise of its reasonable discretion, extend the time period for curing a de
fault and shall notify the defaulting party in writing of such an extension. If the defaulting party fails to cure the default within the 12-month period or such extended time specified by the non-defaulting party, then the non-defaulting party may terminate this Agreement at any time by providing a notice of termination to the defaulting party.

9. Dispute Resolution. The Parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement that is not the subject of a notice of default described in Section 8, Termination, subject to the following provisions:
(a) A Party desiring to meet and confer shall so advise the other Party pursuant to a written notice.
(b) Within fifteen (15) days after provision of that written notice by the Party desiring to meet and confer, or some other date mutually agreed by the Parties, the Parties shall meet in person and attempt to amicably resolve their dispute. Each Party shall send to the meeting a person with the ability to resolve the dispute or to make a recommendation to the General Manager/City Manager to resolve the dispute.
(c) The Parties shall participate in mediation for any dispute that remains unresolved.

The mediator shall be selected by mutual agreement of the Parties. The costs of the mediator shall be equally shared by the Parties. Each party shall otherwise bear its own costs and attorneys' fees related to the mediation. (d) No Party shall file a legal action without first complying with the provisions of this Section 9.

10. Reservations by City. City hereby reserves, from the commencement of this Agreement and Lease, the right to enter upon said premises at any and all times to survey, locate, or inspect said premises, and the right at any and all times to install, construct, repair, or maintain any public utility, including, but not limited to, drainage, sewage, and water facilities, and City agrees to repair any damage that may result from those activities to any structures, facilities, or improvements placed on the premises by District with the City Manager's approval.

11. After-Acquired Property. It is mutually agreed and understood that City may acquire additional property to add to the premises described herein. The Di strict reserves the right to reject the acceptance of a future park or acquired property due to insufficient funding to maintain all parks within the District to a consistent maintenance standard.

The District may also request the City identify a funding source for all ne w park site parcels.

It is agreed that upon acquisition of sa id property by City, that property may be added to this Agreement and Lease upon writte n Agreement of both parties. Once added, that property would be subject to all of the terms and provisions hereof as of the date the City Council of City designates such inclusion by resolution. Notice of such action shall be sent promptly by City Clerk of City to District.

12. Removal of Property. It is mutually agreed that any property made subject to this Agreement and Lease may be removed therefrom as of the date the City Council of City and the Board of Directors of District designate such removal by resolution.

13. Participation. The City shall formally invite District staff to participate in planning meetings as they pertain to District maintained parks including but not limited to:
acquisition of new park or recreation facilities, City's Light, Landscaping, Assessment Districts Engineers Report, Capital Improvement Project on HARD maintained sites, Park Impact Fees, improvements/changes on HARD maintained sites, and provide periodic updates on development projects that incorporate parks, open-spaces, and recreational services.

14. Transparency and Reporting. The District agrees to provide an annual report during a City of Hayward’s City Council meeting that will include, but is not limited to, an update on Capital Improvement Projects, data on participants in District recreation programs by zip code, and park maintenance standards. This information will be provided in a written format to City staff at least three weeks in advance of the City Council presentation to give staff a chance to ask clarifying questions. The purpose of this report is to help the Hayward City Council understand which residents in Hayward are accessing recreation programs and where, as well as residents experiences with these programs.

15. Notices. All notices herein provided to be given or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage fully prepaid, and addressed to the other party at the following address:

City District
City of Hayward Hayward Area Recreation and Park District c/o City Manager c/o General Manager
777 “B” Street 109 “E” Street
Hayward, CA 94541 Hayward, CA 94541

Such mailing address may be changed by either party by giving written notice thereof to the other party as herein provided.

16. Assignment. District shall not assign this Agreement and Lease voluntarily or by operation of law or any right hereunder, nor sublet the premises or any part thereof, without the prior written consent of the City Manager of City. No consent to any assignment of this Agreement and Lease, voluntarily or by operation of law, or any subletting of the premises shall be deemed to be a consent to any subsequent assignment of this Lease, voluntarily or by operation of law, or any subletting of the premises without obtaining the prior written consent of City Manager of City shall be void and at the option of City, exercised by written notice to District, shall terminate this Lease.

17. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.

18. Amendments. This Agreement may be amended at any point in writing signed by authorized representatives of District and City.

19. Severability. Should any provision of any of this Agreement be found invalid by a court or other body of competent jurisdiction, said invalidity or ineffectiveness shall not affect the validity of the remaining provisions of such agreement which shall remain in force to the maximum extent possible.

20. Interpretation. The Parties acknowledge that each Party and its counsel have reviewed and revised this Agreement and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed. The defined terms herein shall apply equally to both the singular and the plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and neuter forms. The words “include” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval," “consent" and “notice” shall be deemed to be preceded by the word “written.”

21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action to interpret or enforce the term of this Agreement shall be filed in the Superior Court of Alameda County.

22. No Conflicts of Interest. Each Party warrants to the other that no member of the governing body of City or District and no other public official of such locality or localities during his/her tenure and for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project.

23. Counterparts. This Agreement may be executed in any number of counterparts and by different Parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Signatures delivered electronically or by facsimile shall be as binding as originals upon the Parties.

24. Authority. Each Party represents that the signatory has the authority to bind each respective entity, and assents to each and every term contained within this Agreement.

25. No Third-Party Beneficiaries. It is the intention of the Parties that under no circumstances are any rights created for persons or entities who are not parties to this Agreement and District and City owe no duty to any persons or entities not parties to this Agreement under a third-party beneficiary theory or under any other theory of law.

26. Attorneys’ Fees. If either Party commences any legal action against the other party arising out of this Agreement or the performance thereof, each Party in such action shall be responsible for its own litigation expenses, including but not limited to court costs, expert witness fees, discovery expenses and attorneys’ fees.

27. No Joint Venture. It is expressly understood and agreed that neither Party shall become as a result of this Agreement a partner of the other or a joint venturer with the other Party in the conduct of such Party’s business or otherwise. This Agreement is not intended, and shall not be construed, to create the relationship of principal and agent, partnership, joint venture, or association as between City and District.

28. Successors and Assigns. Subject to the restrictions on assignment set forth above, all of the terms, covenants, and conditions of this Agreement shall be binding upon City and District and their respective permitted successors and assigns.

IN WITNESS WHEREOF, the Parties hereto have caused this Master Agreement and Lease to be lawfully executed as of the Effective Date.

YWARD AREA RECREATION AND PARK DISTRICT
By: ________
_______________________________ Date: ______________________ James Wheeler, General Manager
A
ttest: ____________________________________
Secretary, Board of Directors
C
ITY OF HAYWARD, a Municipal Corporation
By: ________
______________________________ Date: _______________________ Kelly McAdoo, City Manager
A
ttest: ___________________________________
Miriam Lens, City Clerk
Ap
proved as to form: ____________________________ Date: _______________________ City Attorney for City of Hayward
E
xhibit A: City of Hayward Park Sites Leased by the Hayward Area Recreation and Park District EXHIBIT A: CITY OF HAYWARD PARK SITES LEASED BY THE HAYWARD

AREA RECREATION AND PARK DISTRICT

PARK NAME ADDRESS ACRES APN(S)
1 Alden E. Oliver Sports
Park
2580 Eden Park Pl 24.52 456-0097-001-00
2 Bechtel Mini Park 27798 Ross Pl 0.77 452-0076-026-00, 452-0076-047- 00, 452-0076-025-00, 452-0076-
048-00
3 Birchfield Park* Santa Clara St and Winton
Ave

1.12 443-0005-076-00, 443-0015-001-
04 4 Canyon View Park Farm Hill Dr and Daisy Ct 5.41 081D-2081-069-00, 081D-2081- 068-00, 081D-2081-070-00, 081D-
1900-003-13
5 Children's Park at Giuliani
Plaza
22738 Main Street ≈0.30 428-0066-049-00, part of 428-
0066-045-00
6 Christian Penke Park Tahoe Ave and Morningside
Dr

4.17 456-0050-059-00, 456-0046-109-
00 7 College Heights Park* 27020 Fielding Dr 1.99 081D-2086-058-00, 081D-2086- 059-00
8 Douglas Morrisson
Theatre*
N Third St @ Crescent Ave 0.17 415-0210-028-02
9 Eden Greenway #8* 25625 Cypress Ave 0.23 443-0075-035-02 10 Eldridge Park Hamrick Ln and Rieger Ave 3.44 454-0070-002-00 11 Fairway Greens Park 30504 Vanderbilt St 2.47 083-0221-050-01 13 Greenbelt Park/Trails Ward Creek Canyon 7.90 425-0350-001-01, 425-0350-001- 04, 425-0350-001-02, 425-0250-
037-00, 425-0250-036-00, 425-
0250-035-00
14 Greenwood Park Eden Ave & Middle Ln 3.45 441-0083-019-00, 441-0083-018- 00 15 Haymont Mini Park Colette St & Luvena Dr 0.43 452-0036-001-02 16 Hayward Area Senior
Center
22325 N 3rd St 0.97 Part of 415-0250-001-04
17 Jalquin Vista Park 28846 Bay Heights Rd 2.89 085A-6424-007-00 18 Japanese Garden N 3rd St and Crescent Ave 3.60 415-0250-001-04, 415-0230-038- 00, 415-0230-039-00
19 Kennedy Park 19501 Hesperian Blvd 14.53 432-0104-001-01 20 La Placita Park El Dorado Ave at Sonoma St ≈0.20 Public Right of Way 21 Longwood Park Leonardo Way and Reed
Way

2.93 432-0056-033-00
23 Memorial Park and
Hayward Plunge
24176 Mission Blvd 33.96 445-0070-015-00, 445-0140-001- 00 24 Mission Hills of Hayward
Golf Course*
275 Industrial Parkway
West

39.09 078G-2651-017-02, 078G-2651-
016-00, 078G-2651-018-02, 078G-
2651-018-01, 078G-2651-006-01,
078G-2651-006-02
25 Nuestro Parquecito E 10th and Jefferson St 2.25 452-0084-110-01, 452-0080-055- 01, 452-0068-109-01
26 Palma Ceia Park 27600 Decatur Way 4.55 455-0060-032-01 27 Ruus Park Dickens Ave and Folsom
Ave

4.09 464-0040-003-00, 464-0035-013-
00 28 Shoreline Park* Breakwater Ave ≈0.10 438-0080-013-08 29 Sorensdale Park* 275 Goodwin St 12.7 452-0028-102-00, 452-0028-101- 00 30 Southgate Park* 26780 Chiplay Ave 3.85 455-0024-097-00, 455-0024-001- 00 32 Stratford Village Park Stratford Rd & Canterbury
Ln

2.34 464-0122-001-00, 464-0122-105-
00 33 Tennyson Park* Panjon St and Huntwood
Ave

9.61 465-0001-011-02, 465-0001-009-
06, 465-0001-011-01, 465-0005-
009-05
35 Weekes Park and
Community Center
27182 Patrick Ave 14.65 453-0050-052-01, 453-0075-004- 05 *These nine parks are owned by multiple agencies. The maps below show in yellow which portions are owned by the City, and thus covered under this Agreement.

Birchfield Park

College Heights Park

Douglas Morrisson Theater

Eden Greenway #8

Mission Hills Of Hayward Golf Course and Twin Bridges Park

Shoreline

Sorensdale Park

Southgate Park

Tennyson Park

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 23-369
DATE: June 20, 2023
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions Authorizing the City Manager to (1) Execute an Agreement with MBS Engineering Inc., for Installation of Liquefied Petroleum Gas Pipes in a Not-to-Exceed Amount of $224,321, (2) Amend the Professional Services Agreements with Kitchell CEM for Extended Construction Support Services by $307,000 for a Not-to-Exceed amount of $2,840,000; and (3) with ABC Inspections by $85,000 for a Not- to-Exceed Amount of $1,030,000, for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482

RECOMMENDATION
That Council adopts resolutions (Attachment II, III, and IV) authorizing the City Manager to:

1. Execute an agreement with MBS Engineering (MBS) for the installation of Liquefied Petroleum Gas (LPG) Pipes in a not-to-exceed (NTE) amount of $224,321.

2. Amend the Professional Services Agreement (PSA) with Kitchell CEM (Kitchell) for extended construction management services by $307,000 for a NTE amount of $2,840,000; and

3. Amend the Inspector of Record Services with ABC Inspections, Inc., (ABC) for extended inspection services by $85,000 for a NTE amount of $1,030,000.

SUMMARY
One of the features of the Fire Training Center includes a LPG system that provides one of the fuel sources to simulate fire in buildings and outdoor settings. The LPG system to the Training Tower is near completion and the LPG system to the outdoor training area requires modification due to a design error in the original plans. As a result, requests for proposals for corrections to the LPG system were solicited and one proposal was received from MBS for $224,321. This agreement is for MBS to install the necessary LPG pipes, connection pits, and regulators in the amount of $224,321. This cost will be assumed by the design consultant and will not impact the project’s budget.

The Fire Station 6 (FS6) and Fire Training Center (FTC) project commenced construction on August 17, 2020 and was anticipated to be completed in Fall of 2022. The completion date is now estimated to be July 2023 due to the delays in delivery of the material and shortage of labor resources. The project requires construction management and inspector of record services to ensure that construction complies CITY OF HAYWARD Printed on 6/16/2023Page 1 of 2
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File #:CONS 23-369
with project plans, specifications, and codes. Council adopted resolutions authorizing the City Manager to execute agreements with Kitchell for construction management and with ABC for inspector of record services. Due to the extended construction duration, services by these firms will be exhausted by the end of June 2023. Staff is requesting amendments in the amounts of $307,000 with Kitchell and $85,000 with ABC which are necessary to complete the project.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - MBS Agreement
Attachment III Resolution - Kitchell Amendment
Attachment IV Resolution - ABC Amendment
CITY OF HAYWARD Printed on 6/16/2023Page 2 of 2
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DATE: June 20, 2023

TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolutions Authorizing the City Manager to (1) Execute an Agreement with MBS Engineering Inc., for Installation of Liquefied Petroleum Gas Pipes in a Not-to-Exceed Amount of $224,321, (2) Amend the Professional Services Agreements with Kitchell CEM for Extended Construction Support Services by $307,000 for a Not-to-Exceed amount of $2,840,000; and (3) with ABC Inspections by $85,000 for a Not-to-Exceed Amount of $1,030,000, for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482

RECOMMENDATION

That Council adopts resolutions (Attachment II, III, and IV) authorizing the City Manager to:

1. Execute an agreement with MBS Engineering (MBS) for the installation of Liquefied Petroleum Gas (LPG) Pipes in a not-to-exceed (NTE) amount of $224,321.

2. Amend the Professional Services Agreement (PSA) with Kitchell CEM (Kitchell) for extended construction management services by $307,000 for a NTE amount of $2,840,000; and

3. Amend the Inspector of Record Services with ABC Inspections, Inc., (ABC) for extended inspection services by $85,000 for a NTE amount of $1,030,000.

SUMMARY

One of the features of the Fire Training Center includes a LPG system that provides one of the fuel sources to simulate fire in buildings and outdoor settings. The LPG system to the Training Tower is near completion and the LPG system to the outdoor training area requires modification due to a design error in the original plans. As a result, requests for proposals for corrections to the LPG system were solicited and one proposal was received from MBS for $224,321. This agreement is for MBS to install the necessary LPG pipes, connection pits, and regulators in the amount of $224,321. This cost will be assumed by the design consultant and will not impact the project’s budget.

Page 2 of 7 ends

resources. The project requires construction management and inspector of record services to ensure that construction complies with project plans, specifications, and codes. Council adopted resolutions authorizing the City Manager to execute agreements with Kitchell for construction management and with ABC for inspector of record services. Due to the extended construction duration, services by these firms will be exhausted by the end of June 2023. Staff is requesting amendments in the amounts of $307,000 with Kitchell and $85,000 with ABC which are necessary to complete the project.

BACKGROUND

In 2014, voters in the City approved Measure C, which authorized the City to increase the sales tax rate by one-half cent for, among other things, the restoration and maintenance of City services and facilities, including firefighting/emergency medical services. This project includes partnership with the Chabot-Las Positas Community College District (District) for the shared use of the FTC.

Below is a list of major milestones for the FS6 and FTC project:
 June 3, 2014: Voters approved Measure C, which authorized the City to increase the sales tax rate by one-half cent for twenty years to restore and maintain City services and facilities, including firefighting/emergency medical services.

 October 10, 2014: The City’s consultant, RDC, completed a facility needs assessment for Fire Stations 1-6 and the FTC, which determined that all facilities needed substantial upgrades.

 May 26, 20151: Council authorized the City Manager to negotiate and execute an agreement with RDC for design services for Fire Stations 1-6 and the FTC Improvement project.

 October 18, 20162: Staff provided Council with an update on the project.

 October 24, 2017: The District’s Board of Trustees passed a motion directing the Chancellor to create a Memorandum of Understanding (MOU) with the City of Hayward.

 October 25, 20173: Staff provided a project update to the Council Infrastructure Committee.

 June 28, 2018: Staff submitted a request to the Federal Aviation Administration (FAA) for the release of the land at the Hayward Executive Airport on which FS6 and the FTC would be constructed for non-aeronautical purposes.

 July 24, 20184: Council authorized the City Manager to negotiate and execute an MOU with the District to establish the basis for a ground lease and to accept up to $20

1 https://hayward.legistar.com/MeetingDetail.aspx?ID=454184&GUID=7CD463F3-CFEB-4ADB-B836-FC19D7730F0&Options=info|&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=2860809&GUID=635FEBB7-ACCB-45F8-9DF6-DF54CBC6CD12&Options=&Search= 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=3194489&GUID=5531F83A-213A-4734-9405-ACB043B6A60D&Options=&Search= 4 https://hayward.legistar.com/LegislationDetail.aspx?ID=3582269&GUID=1C949039-8749-4463-B1C2-B2B8CE709EDF&Options=&Search=

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million from the District for the design, construction, and furnishing of the District’s Facilities at the FTC.

 September 24, 2018: The design team submitted the project plans to the Division of State Architect for their review of District owned buildings.

 October 25, 20185: The Planning Commission adopted the Mitigated Negative Declaration and approved the Site Plan Review.

 March 5, 20196: Council approved the plans for the abatement and deconstruction of the existing FS6 and FTC and call for bids.

 March 6, 2019: Staff provided a design update to the Council Infrastructure Committee.

 September 2019: Completed demolition of the old Fire Station 6 and the Fire Training Center.

 October 1, 20197: Council authorized the City Manager to Negotiate and Execute a Ground Lease and Facilities Use Agreement with the District for the FTC.

 November 19, 2019: Council adopted a resolution approving the plans and specifications for the construction of FS6 and the FTC and calls for bids after approval from FAA and DSA.

 July 7, 2020: Council awarded the construction contract to S. J. Amoroso Construction.

 August 17, 2020: Construction commenced.

 May 25, 20218: Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for materials testing and special inspection services with Consolidated Engineering Laboratories (CEL) in the amount of $325,000.

 September 28, 20219: Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for construction support services with RDC in the amount of $830,000.

 January 18, 202210: Council adopted a resolution authorizing the City Manager to execute the second amendment to the PSA for materials testing and special inspection services with CEL in the amount of $450,000.

 April 19, 2022: Council adopted a resolution authorizing the City Manager to execute an

5 https://hayward.legistar.com/LegislationDetail.aspx?ID=3708173&GUID=5D5FBBF9-7F11-4A8D-86B1-BFFC24E4EF48&Options=&Search= 6 https://hayward.legistar.com/LegislationDetail.aspx?ID=3874592&GUID=ADD09360-6319-4C1F-9C84-FF60B8CE554D&Options=&Search= 7 https://hayward.legistar.com/LegislationDetail.aspx?ID=4148714&GUID=329BEA63-4E98-41D4-861F-5D39454D5C54&Options=&Search= 8 https://hayward.legistar.com/LegislationDetail.aspx?ID=4960818&GUID=222CFF1F-7950-44E2-91FC-360B494F3E3F&Options=&Search= 9 https://hayward.legistar.com/LegislationDetail.aspx?ID=5149122&GUID=0B64C69C-054A-4C54-A58D-656A73A01820&Options=&Search= 10 https://hayward.legistar.com/LegislationDetail.aspx?ID=5382577&GUID=A35183AB-DAFF-402B-9377- 1A30697790C7&Options=&Search=

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amendment to the agreement with Mobile Modular for an additional 9-month rental of modular structures for the temporary FS6 in the amount of $53,500.

 April 19, 2022: Council adopted a resolution authorizing the City Manager to execute an agreement with Day Wireless Systems for conversion of station alerting system for all Fire Stations, to make all systems compatible with the one at the New FS6/FTC, in an amount of $300,000.

 June 28, 2022: Council adopted resolutions authorizing the City Manager to execute amendments to the PSA for Kitchell for extended construction support services for the Project by $400,000 for a NTE amount of $2,200,000 and for extended Inspector of Record services with ABC by $115,000 for a NTE amount of $865,000.

 June 28, 2022: Council adopt a resolution authorizing the City Manager to execute an agreement with Solcom for installation of City fiber optic conduits on West Winton Avenue for the Fire Station 6 and Fire Training Center Project in a not-to-exceed amount of $102,147.

 January 17, 2023: Council adopted resolutions authorizing the City Manager to amend the PSAs with Kitchell for extended construction support services by $333,000 for a not- to-exceed amount of $2,533,000 and with RossDrulisCusenbery Architecture, Inc., by $292,000 for a not-to exceed amount of $3,254,000; amend the Inspector of Record Services with ABC by $80,000 for a not-to-exceed amount of $945,000; amend the agreement with Mobile Modular for an additional rental of modular structures by $55,000 for a not-to-exceed amount of $283,500 for the Temporary Fire Station 6; and transfer and appropriate additional funds in an amount not-to-exceed $5,596,800.

DISCUSSION

This project includes training with live fire at the four-story Training Tower building and at the outdoor area with the use of LPG as the fire fuel. The Training Tower includes live fire props to simulate fires in stoves, beds, desks, and cars. These props use LPG in vapor state.

There are also outdoor props like the tanker, airplane and fuel spill area that use LPG in both higher pressure vapor and liquid states. Pipes were installed underground from the LPG tanks to the Training Tower building and to the outdoor area by the contractor per the contract documents. After installation of the underground pipes to the outdoor area, it was determined that thicker wall pipes were needed for the higher-pressure vapor and liquid lines per code requirements. Stantec Consulting Services, Inc., (Stantec) the designer of the LPG system, acknowledged the error in the design and provided revised drawings to install the correct pipes and connection pits where these pipes terminate. Normally, the general contractor provides the pricing for document changes; however, due to the number of other changes already requested from the contractor and the delay in construction, staff determined that this added work, if conducted by the general contractor, would further delay the project.

On April 28, 2023, the City solicited Requests for Proposals for the LPG modification. On May 19, 2023, one (1) bid was received in the amount of $224,321 from MBS. Staff recommends that Council authorize the City Manager to execute an agreement with MBS in an amount not-

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to-exceed $224,321. Stantec has accepted this added work as their responsibility and has agreed to cover the cost. The agreement between the City and MBS will also include direct payment between Stantec and MBS. Invoices submitted by MBS will be reviewed by staff and submitted to Stantec for payment.

Amendment to Professional Service Agreements
The FS6/FTC project commenced construction on August 17, 2020 and was anticipated to be completed in Fall of 2022. The completion date is now estimated to be July 2023 due to the delays in delivery of the material and shortage of labor resources. Construction requires construction management, design team support and inspector of record services to ensure that construction complies with project plans, specifications, and codes.

On January 21, 2020, Council adopted a resolution authorizing the City Manager to execute amendments to the PSA with Kitchell for construction support services in the amount of $1,800,000 and to the PSA with ABC for inspector of record services in the amount of $750,000.

In June 2022, the updated construction completion date was extended to January 2023 which required extension of services by Kitchell and ABC. On June 28, 2022, Council adopted resolutions authorizing the City Manager to execute amendments to the PSA for Kitchell for extended construction support services by $400,000 for a NTE amount of $2,200,000 and for extended inspector of record services with ABC by $115,000 for a NTE amount of $865,000. On January 17, 2023, Council adopted resolutions authorizing the City Manager to amend the PSAs with Kitchell for extended construction support services by $333,000 for a not-to-exceed amount of $2,533,000 and with ABC by $80,000 for a not-to-exceed amount of $945,000. With the current updated construction completion of July 2023, the remaining amounts for both Kitchell and ABC will be exhausted by the end of June 2023. After construction is completed, there are remaining construction management and inspector of record services to close out the project. Amendments in the amounts of $307,000 and $85,000, respectively, are necessary to complete the project.

ECONOMIC IMPACT

Completion of this project will add classrooms and spaces for training and use by others which may result in positive economic benefits for businesses around the area. Additionally, the local economy and local workforce will be positively impacted during construction of the facilities.

FISCAL IMPACT

Staff recommends approving the amendment amounts with Kitchell and ABC through the FS6/FTC project. The original total estimated project cost is $70.9 million. As of FY22, Council has authorized the appropriation of $66.7 million. The Adopted FY23 CIP budget appropriated the remaining $4.2 million. On January 17, 2023, Council adopted the resolution to transfer and appropriate an additional $5,596,800 due to increased cost in construction support services, temporary housing and fixture, furniture & equipment.

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

Construction Contract $52,397,000

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Construction Contingency (ACO) $5,239,700
Consultant Design $5,000,000
Construction Management Administration $4,000,000
Inspector of Record Service & Special Testing $1,500,000 Demolition of old Fire Station and FTC $425,000
Temporary Housing $500,000
Permit & Utility Fees $940,000
Fixture, Furniture & Equipment $600,000
Staff Construction Administration $300,000
Total $70,901,700

The current estimated project cost are as follows:

Construction Contract $52,397,000
Construction Contingency (ACO) $5,239,700
Consultant Design $4,692,270
Construction Management Administration $5,787,000
Inspector of Record Service & Special Testing $2,070,000 Demolition of old Fire Station and FTC $378,494
Temporary Housing $610,000
Permit & Utility Fees $400,000
Fixture, Furniture & Equipment $4,300,000
Staff Construction Administration $624,000
Total $76,498,464

The Adopted FY 2023 CIP includes a total of $76,498,500 for the FS6/FTC project and currently there is sufficient balance in the project to fund the amendments with Kitchell and ABC. Staff will return to Council for additional funds because construction contingency is anticipated to exceed the budgeted amount.

STRATEGIC ROADMAP

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

 Invest in City Facilities and Property
 N10 Construct the Fire Station 6 and Fire Training Center

SUSTAINABILITY FEATURES

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

PUBLIC CONTACT

There is no public contact needed for this item.

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Hayward City CouncilJune 20, 2023

Hayward City Council
June 20, 2023