Agenda Packet — Hayward City Council, February 20, 2024

Tuesday, February 20, 2024
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

February 20, 2024City Council Agenda

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

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/85432215402?
pwd=H8VatQ2XdAX4N3_-khGZNG1sSKZq22N-lDY.UkhBOCj2z85dw30t Meeting ID: 854 3221 5402
Password: CC2/20@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 854 3221 5402
Password: 7410339459
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Roche

ROLL CALL

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February 20, 2024City Council Agenda

CLOSED SESSION ANNOUNCEMENT
February 6, 2024
February 13, 2024

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation 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. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated.

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

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

CONSENT
Approve the Minutes of the City Council Meeting on January 23, 2024
MIN 24-0171.

Attachments: Attachment I Draft Minutes of 1/23/2024
Approve the Minutes of the Special City Council Meeting on January 30, 2024
MIN 24-0182.

Attachments: Attachment I Draft Minutes of 1/30/2024

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February 20, 2024City Council Agenda
Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning a
Property to the Medium Density Residential District in
Connection with Zone Change Application No. MTA-23-0005 CONS 24-0573.

Attachments: Attachment I Staff Report
Attachment II Summary of Published Ordinance
Adopt Resolutions to Execute Side Letter Agreements
Amending the Memoranda of Understanding (MOU) Between
the City of Hayward and the Hayward Police Officers
Association (HPOA), and the City of Hayward and the
International Association of Firefighters, AFL-CIO, Local 1909 (Local 1909), to Change the Existing Cost-Sharing Amount for PEPRA Members
CONS 24-0594.

Attachments: Attachment I Staff Report
Attachment II Resolution - HPOA
Attachment III Resolution - Local 1909
Attachment IV Side Letter Agreement - HPOA
Attachment V Side Letter Agreement - Local 1909
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2,000,000 in Grant Funding from the California Department of Health Care Services for the Construction of a Subacute Facility for Senior and Medically Fragile Persons at St.

Rose Hospital in Hayward
CONS 24-0605.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Diamondback Fire and Rescue for the
Purchase of Amkus Auto Extrication Tools for the Hayward Fire Department in an Amount Not-to-Exceed $111,462.57
CONS 24-0616.

Attachments: Attachment I Staff Report
Attachment II Resolution

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February 20, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers, Inc., for the FY 2024 Sewer and Water Line Replacement Projects,
Project Nos. 07789 and 07072, in an Amount Not-to-Exceed $2,155,000
CONS 24-0667.

Attachments: Attachment I Staff Report
Attachment II Resolution

PUBLIC HEARING
Sale of Parcel Group 8 for Development of Affordable Housing:

Adopt Two Resolutions1) Approving the Government Code
Section 52201 Summary Report for the Project; and
Authorizing the City Manager to Execute the First Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. for Transfer of Specified City Owned Properties and for the Development of Housing and Making Specified Findings in Association with Government Code Section 65913.4 Exemption from the
California Environmental Quality Act; and 2) Authorizing the City Manager to Execute an Agreement with the Developer Associated with the State of California Affordable Housing and Sustainable Communities (AHSC) Program (Report from
Assistant City Manager Claussen)
PH 24-0068.

Attachments: Attachment I Staff Report
Attachment II Resolution PG 8 Amendment Approval
Attachment III Resolution PG 8 DDLA AHSC Grant Funds
Attachment IV Updated Government Code Section 52201

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

Informational Report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report
RPT 24-0089.

Attachments: Attachment I Staff Report
Attachment II FY24 Q2 CIP Progress Report

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February 20, 2024City Council Agenda

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, February 27, 2024, 7:00 PM

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

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February 20, 2024City Council Agenda

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-017
DATE: February 20, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the City Council Meeting on January 23, 2024

RECOMMENDATION
That the Council approves the City Council meeting minutes of January 23, 2024.

SUMMARY
The City Council held a meeting on January 23, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 1/23/2024
CITY OF HAYWARD Printed on 2/15/2024Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, January 23, 2024, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:10 p.m. The City Council held a hybrid meeting in Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Andrews

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

Absent: None

CLOSED SESSION

The City Council convened in closed session on January 23, 2024, at 5:30 p.m., with all members present and no public speakers, regarding three items: 1) annual performance evaluations pursuant to Government Code section 54957 for the City Attorney, the City Manager, and City Clerk; 2) conference with property negotiators pursuant to Government Code section 54956.8 regarding negotiations for Caltrans Parcel Group 8, Grove Way; APNs: 415-0180-070-00, 415- 0180-068-01, 415-0180-076-00, 415-0180-084-01, 415-0180-073-00, 415-0180-074-00, 415- 0180-075-00, 415-0180-072-00, 415-0180-071-00, 415-0180-069-01, 415-0190-064-00, 415- 0180-083-01, 415-0180-080-00, 415-0180-082-01, 415-0180-081-01; and 3) conference with labor negotiators pursuant to Government Code section 54957. 6 regarding negotiations for all bargaining groups. City Attorney Lawson indicated the Council met about the items, provided direction to staff, and took no reportable action. The closed session adjourned at 6:58 p.m.

PUBLIC COMMENTS

Julie Greenfield, Eden Area member, noted that decisions regarding international affairs may have unintended ramifications at the local level and urged all community members to work together.

Ro Aguilar commended staff on the opportunity for affordable homeownership in Hayward and hoped staff would share more information about the application process.

Ayaya spoke in favor of calling for a ceasefire in Gaza.

TJ, Hayward Concerned Citizens member, urged for a townhall discussion on items that are important to residents and asked for the reason Hayward was not approved for the theft prevention grant.

Amani Salem asked the City to divest tax dollars that fund the genocide of innocent civilians.

Omeera’s son, Clauded, asked the City to not contract with companies that fund genocide. 2 | J a n u a r y 2 3 , 2 0 2 4

Jannah spoke in favor of a ceasefire in Gaza.

Fatima Abdel-Wahab urged the Council to call for a ceasefire.

Naomi Smoller spoke about the tragedy in Gaza and noted it was a local issue because community members lost family members.

Khadija asked for Hayward to not contract with companies that support genocide and call for a ceasefire.

Cease Fire urged the City to divest from companies aiding Israel’s apartheid, killing Palestinians, and noted Hayward was investing $1.6 million in companies designated by the BDS (Boycott, Divestment and Sanctions) movement which are Intel, Caterpillar, Chevron, Hyundai.

Bibi Ijaz, Hayward resident, urged the City to divest from the companies aiding Israel; and noted the situation was ethnic cleansing and was dehumanizing people in Gaza.

David Whatley noted that, within Hayward, there are Israeli and Palestinian families impacted and that they needed to be taken into consideration in any public policy decision.

Zainab Sadat asked to call for a ceasefire to stop the killing of innocent women, children, and men.

Gabriealla urged Council to pass a resolution calling for an immediate and permanent ceasefire in Gaza.

CITY MANAGER’S COMMENTS

City Manager McAdoo announced the completion of the street improvement s in the Old Highlands Homeowners Association.

CONSENT

Consent Item No. 8 was removed from the Consent Calendar by Council Member Syrop for public comment and discussion.

1. Approve the Minutes of the City Council Meeting on December 5, 2023 MIN 24-005 It was moved by Council Member Roche, seconded by Council Member Syrop, and carried unanimously, to approve the minutes of the City Council Meeting on December 5, 2023.

2. Approve the Minutes of the Special City Council Meeting on December 12, 2023 MIN 24- 006
It was moved by Council Member Roche, seconded by Council Member Syrop, and carried unanimously, to approve the minutes of the Special City Council Meeting on December 12, 2023.

3. Approve the Minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency Board/Hayward Economic Development Corporation Board Meeting on January 8, 2024 MIN 24-007
It was moved by Council Member/HRSA Member/HEDC Director Roche, seconded by Council Member Syrop, and carried unanimously, to approve the minutes of the Special Joint City Council/Hayward Redevelopment Successor Agency Board/Hayward Economic Development Corporation Board Meeting on January 8, 2024.

4. Adopt an Ordinance Amending the Zoning Map and Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off -Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code Associated with the Hayward Residential Design Study CONS 24-002

Staff report submitted by City Clerk Lens, dated January 23, 2024, was filed.

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

Ordinance 24-01, “ Adopt an Ordinance Amending the Zoning Map and Chapter 10, Article 1 (Zoning Ordinance), Article 2 (Off- Street Parking Regulations), Article 24 (Mission Boulevard Code), and Article 28 (Downtown Development Code) of the Hayward Municipal Code Associated with the Hayward Residential Design Study”

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

5. Adopt a Resolution Accepting the Resignation of Commissioner Kelly Sullivan from the Library Commission, Effective Immediately CONS 24-018

Staff report submitted by City Clerk Lens, dated January 23, 2024, was filed.

Council Member Roche thanked Kelly Sullivan for her service on the Library Commission.

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It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24-002, “Resolution Accepting the Resignation of Kelly Sullivan from the Library Commission”

6. Adopt a Resolution Appointing Marhya Kelsch to the Library Commission to Fill the Term of Kelly Sullivan Expiring September 30, 2027 CONS 24-019

Staff report submitted by City Clerk Lens, dated January 23, 2024, was filed.

It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24-003, “Resolution Appointing Marhya Kelsch to the Library Commission to Fill the Unexpired Term of Kelly Sullivan”

7. Adopt a Resolution Appointing Hayward Youth Commission Alternates Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi to Fill the Seats of Sharana Sabesan and Niki Shiva for Terms Expiring June 30, 2025 CONS 24-020

Staff report submitted by City Clerk Lens, dated January 23, 2024, was filed.

It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24 -004, “Resolution Appointing Jesus Alejandro Reynoso and Temiloluwa Ogunkanmi to the Hayward Youth
Commission to Fill the Seats of Sharana Sabesan and Niki Shiva for Terms Expiring June 30, 2025”

8. Adopt a Resolution Accepting the Fiscal Year 2024 Statement of Investment Policy and Delegation of Authority CONS 24-003

Staff report submitted by Finance Director Gonzales, dated January 23, 2024, was filed.

Mayor Salinas opened the public comment at 7:39 p.m.

The following speakers noted that Hayward currently invests over $1.6 million in companies, such as Intel, Hyundai, Caterpillar, and Chevron, designated by the BDS (Boycott, Divestment and Sanctions) movement as supporting the genocide in Gaza ; urged the Council to divest from companies aiding Israel’s apartheid, ethnic cleansing and collective punishment against the people of Palestine by following BDS guidelines ; noted the Council in 1985 passed a resolution to divest from companies supporting apartheid in South Africa; and urged Council to pass a resolution for a ceasefire in Gaza.

Stephania Widger also suggested Hayward should form a sister city relationship with a city in Palestine.

Cliantha Gerez, Hayward Commissioner
BreAnna Salary, Hayward resident
Rupau Raju, Hayward resident
Andrea Vazquez, Hayward resident
Sarah Salhab
Carlos Alberto Farias, Hayward resident
Vasko Yorgov, Hayward resident
Abdul Numan Salha, Hayward resident and business owner
Taylor Harrison, community member with UPM
Cynthia Nunes, community organizer
Obelda Junior
Hanadi Alha
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Haneen A
Hope Syker
Adam Salhab
Zacaria
James Prince, Hayward resident
Omar Arsala, Hayward resident
Henny Kwon
Ariena Castellano, Hayward resident and business owner
Amelia Ortiz, community educator
Lala De La O
Vanessa M, Hayward resident
Danae Griffith, Hayward resident and employee
Ahned Shorab, Hayward resident
Julius Abad, Hayward resident
Jeffrey Kurohara, Hayward resident
Ishmael Pem
Dave Rocha
Jenifer Hernandez, Hayward resident
Diego Alband, Hayward resident
Collin Thormoto, Hayward Herald writer
Jasmin Zafra, Hayward constituent and educator
Alexis Villalobos, Hayward community member
Dr. Sharat Lin, researcher
Farina Baporia, Hayward resident
Obaida
Roberta Ryan, community member
Calvin Wong, Hayward resident
Naomi Smoller
Free Palestine
Michael Gonzalez, Hayward resident
Bibi Ijaz
Arsema Abera, Urban Peace Movement member
Boycott Divest
Ed R
Taino, Urban Peace Movement member

Theresa Rezentes indicated she wished more people would speak about the attacks of Hamas on Israel and the kidnapping of Israeli citizens.

Matt Jack noted Gaza was not occupied , there was never a Palestinian state and no occupation in Israel, and Hamas started the war with Israel.

Michael, unincorporated Hayward resident, noted that a resolution for ceasefire voted by Alameda County supervisors would go a long way and encouraged the Council to set the example.

Mayor Salinas closed the public comment at 8:50 p.m.

Members of the City Council thanked the speakers for their comments and offered comments.

Council Member Syrop moved the item with an amendment indicating that the 2024 Investment Policy be amended to include language in section XV (Banks and Security Dealer Selection) as follows, that the City shall be prohibited from investing funds with any person, private corporation , institution, or other entity identified on the BDS divestment and exclusion list which included Chevron, Intel Caterpillar and Hyundai and over which the City has 1.6 million invested.

Council Member Zermeño seconded the motion.

In response to Council Member Zermeño’s inquiry about the potential impact of Council’s action, City Manager McAdoo indicated the change to the policy would prevent the City from investing in any company that is on the BDS list , would potentially increase administrative fees, and would constitute a loss of $40,000 in investment income to the city.

Council Member Zerme ño asked if the Council would entertain adding to the motion divesting from other companies that deal with fossil fuel.

City Manager McAdoo cautioned the Council about amending the policy without proper analysis of possible implications.

Council Member Zermeño withdrew the addition to the motion of a possible divestment from companies dealing with fossil fuel.

Council Member Andrews asked the motion maker if it would be possible to entertain a socially responsible investment strategy as a whole for the City’s investments and asked if the item could be heard at the next Council Budget and Finance Committee meeting and come back to the Council with a recommendation.

Discussion ensued and Council Member Syrop reinstated the motion was that the City shall be prohibited from investing funds with any person, private corporation, institution, or other entity identified on the BDS divestment and exclusion list (BDS movement.net).

In response to Council Member Andrews’ inquiry if the motion were to move forward, Finance Director Gonzales confirmed the Council could look at the risk tolerance and the model scenarios at a future meeting.

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In response to Council Member Andrews ’ inquiry about California Asset Management Program (CAMP) as an investment strategy versus Local Agencies Investment Fund, Finance Director Gonzales indicated the City was establishing a CAMP account.

In response to Council Member Roche ’s inquiry about potential unintended consequences, City Manager McAdoo indicated the City did not have an opportunity to do the research.

Council Member Bonilla Jr. indicated he was uncomfortable going with the BDS list and would be interested in staff doing an analysis on the City’s investments and coming to a Council and Budget Finance Committee meeting to help Council understand the implications of divesting from companies and/or corporate notes that are supporting countries that are knowingly committing violations of international law, human rights or war crimes.

Council Member Goldstein noted he was generally in favor of socially responsible investment and wondered if the Council could scope it now for the four companies and give the City the time to research further.

Council Member Syrop indicated he was happy to amend his original motion for the City to divest from Chevron, Hyundai, Intel, and Caterpillar.

In response to Council Member Syrop’s inquiry about nuclear weapons, City Manager McAdoo stated the City’s anti-nuclear policy was specific.

Council Member Syrop reinstated his revised motion by indicating it was to remove the City from the stocks it currently holds in the four companies and to not reinvest in them ; and asked that the Council Budget and Finance Committee revisit an ESG strategy for the portfolio in order to understand the full implications.

Council Member Zermeño agreed to second the revised motion, indicating it will allow folks to know that City staff must do an analysis to ensure the Council was taking the appropriate action.

Mayor Salinas did not support voting on the amendment without proper research or data about potential impacts. Mayor Salinas added that if the motion were to fail, he would recommend considering a referral from Council Member Syrop to have staff , through the Council Budget and Finance Committee , thoroughly examine and do an analysis on the language of a socially responsible investment policy.

Discussion ensued among members of the Council and City staff about the motion on the floor.

Council Member Goldstein noted that since there was a process to divest from the four companies, there was time and a strategy to do that in a safe and responsible manner, even if the decision was made at the meeting.

Council Member Roche indicated the Council did not have facts to make a decision; thought the Council should be discussing a socially responsible investment policy, but disagreed this was the proper way to do it; and noted she would not support the motion.

Council Member Bonilla Jr. favored staff taking the matter to the Council Budget and Finance Committee with a more thorough analysis and then bring it to Council with a recommendation so the Council could make a more informed decision ; and noted he would not be supporting the motion.

Council Member Syrop reinstated the motion indicating it was to begin the process of removing the City’s holdings in four companies – Chevron, Caterpillar, Hyundai, and Intel; and to adopt the City’s Investment Policy.

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

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

Resolution 24 -010, “Resolution Reaffirming the Statement of Investment Policy and Renewing the Delegation of Authority to Make Investments to the Director of Finance”

9. Adopt a Resolution Accepting and Appropriating $487,981 in Homeless Housing, Assistance and Prevention (HHAP) Funding to Support Hayward Navigation Center Operations CONS 24-008

Staff report submitted by Assistant City Manager Youngblood and Community Services Manager Cole -Bloom, dated January 23, 2024, was filed.

Council Member Roche highlighted $487,981 was being appropriated for a navigation center in Hayward to help the homeless population.

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

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

Resolution 24-005, “Resolution Authorizing the City Manager to Accept and Appropriate $487,981 in Homeless Housing,
Assistance and Prevention (HHAP) Funding to Support Hayward Navigation Center Operations”

10. Adopt a Resolution Authorizing the City Manager to Extend an Agreement with the Alameda County Probation Department through June 30, 2024, to Provide Services as a Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $297,500 from Alameda County to Fund the Extension CONS 24-016

Staff report submitted by Police Chief Matthews, dated January 23, 2024, was filed.

Council Member Roche highlighted $297,500 was being appropriated to provide services towards the Delinquency Prevention Network Youth Service Center.

It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24-006, “Resolution Authorizing the City Manager to Extend an Agreement with the Alameda County Probation
Department Through June 30, 2024, to Provide Services as a Delinquency Prevention Network Youth Service Center and to Accept and Appropriate $297,500 from Alameda County to Fund the Extension”

11. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $25,000 in Grant Funding from the Eden Health District for the Purchase of Video Laryngoscopes for the Hayward Fire Department CONS 24-017

Staff report submitted by Fire Chief Contreras, dated January 23, 2024, was filed.

It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24-007, “Resolution Authorizing the City Manager to Accept and Appropriate $25,000 in Grant Funding from the Eden Health District for the Purchase of Video Laryngoscopes for the Hayward Fire Department”

12. Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Cinema Place Parking Garage Project No. 07204 in an Amount Not -to-Exceed $160,000 and Transfer and Appropriate $160,000 from the General Fund to the Facilities Capital Improvement Fund CONS 24-023

Staff report submitted by Maintenance Services Director Rullman, dated January 23, 2024, was filed.

It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24-008, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Newton Construction & Management for the Cinema Place Parking Garage Project No. 07204 in an Amount Not-To-Exceed $160,000 and Amending the FY 2024 Budget Resolution in Order to Appropriate and Transfer $160,000 from the General Fund to the Facilities Capital Improvement Project Fund”
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13. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $506,242.46 in Highway -Railway Crossing Program Funding from the California Department of Transportation for the Preliminary Engineering Phase of the Tennyson Road Rail Crossing Safety Improvement Project CONS 24-024

Staff report submitted by Public Works Director Ameri, dated January 23, 2024, was filed.

Council Member Roche highlighted $506,242.46 was being appropriated toward the Tennyson Road Rail Crossing Safety Improvement Project.

It was moved by Council Member Roche, seconded by Council Member Syrop, 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 24-009, “Resolution Authorizing the City Manager to Accept and Appropriate $506,242.46 in Highway -Railway
Crossing Program Funding from the California Department of Transportation for the Preliminary Engineering Phase of the Tennyson Road Rail Crossing Safety Improvement Project”

Mayor Salinas called for a seven-minute recess and reconvened the meeting at 9:43 p.m.

PUBLIC HEARING

14. Eden Village III: Proposed Demolition of Two Existing Detached Residences and Construction of a New 12 Unit Small Lot Detached Residential Subdivision on a 1.45-Acre Site Located at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers (APNs) 441 - 0074-009-00 and 441 -0074-009-00), Requiring Approval of a Zone Change to Planned Development District, Vesting Tentative Tract Map and Approval of an Environmental Consistency Checklist Associated with Application No. MTA -23-0001. Applicant: Jeffrey Lawrence, Nuvera Homes. Owners: Robert A. Pratt, F TRS Roberta, Anne C. Wu, and Ngai M. Wang PH 23-054

Staff report submitted by Development Services Director Buizer, dated January 23, 2024, was filed.

Associate Planner Richard provided a synopsis of the staff report.

Discussion ensued among members of the City Council, Associate Planner Richard and Applicant Jeffrey Lawrence and clarification was given as follows: the project proposes 45 trees total (15 existing trees to be preserved and 30 new trees to be planted); the proposal is not near the Chabot College’s baseball batting cage and there will be a discl osure about it; consideration would be given to replace the chain-link fence with a solid structure to cancel the noise from the adjacent property; the mailbox is made of heavy-duty aluminum; and the proposed project is not protected under Senate Bill 330 because it requires a rezoning.

Council Member Goldstein recommended that quarter in ch steel mailboxes be considered standard requirements.

Mayor Salinas opened the public hearing at 9: 57 p.m.

Ro Aguilar urged the Council to require the developer to build two inclusionary owner-occupied units for low-income households.

Bill Pratt, property owner’s relative of proposal, urged the City to streamline approvals to build the infill project for builders like Nuvera Homes.

Mayor Salinas closed the public hearing at 10:02 p.m.

In response to Council Member Andrews ’ inquiry regarding affordable housing, Associate Planner Richard relayed informa tion indicated that managing one or two units in a small development is difficult from an administrative perspective and in -lieu fees would be used to fund the lowest income housing and meet Regional Housing Needs Allocation (RHNA) goals.

Council Member Roche expressed support for the motion based on the Planning Commission recommendation as they had asked the developer to come back with improvements such as moving the mailbox to a safer location, façade upgrades and repurposing of trees.

Council Member Bonilla Jr. made a motion to move the item. Council Member Andrews seconded the motion.

In response to Council Member Syrop’s inquiry about the in-lieu fee, Associate Planner Richard noted the applicant will be re quired to pay an in -lieu fee according to the Master Fee Schedule and they will be matched to fund affordable development.

Council Member Goldstein offered a n amendment to add a condition of approval for the mailbox to be a quarter inch steel with circular locks because they are proven to be the safest.

14 | J a n u a r y 2 3 , 2 0 2 4
Council Member Bonilla Jr. indicated the Planning Commission had done its diligence related to mailboxes and did not accept the amendment to the motion.

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

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

Ordinance 24-001 “An Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning Certain Properties to a Planned Development District in Connection with Zone Change and Vesting Tentative Map
Application No. MTA -23-0001 for the Eden Vil lage III
Development”

Resolution 24-011 “Resolution Approving Planned Development Zone Change and Vesting Tentative Map (Tract 8670) for the Eden Village III Development; and Approving the Related
Environmental Consistency Checklist; Nuvera Homes and Robert A. Pratt, F TRS Roberta, Anne C. 1u and Ngai M. Wang
(Applicant/Owners)”

LEGISLATIVE BUSINESS

15. FY 2024 Salary Plan: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2024 LB 24-002

Staff report submitted by Human Resources Director Frye, dated January 23, 2024, was filed.

Human Resources Director Frye provided a synopsis of the staff report.

There being no public comments, Mayor Salinas opened and closed the public hearing at 10:09 p.m.

Mayor Salinas made a motion to approve staff’s recommendation. Council Member Syrop seconded the motion.

Police Chief Matthews was commended for his promotion and his years of service leading to the promotion; and was acknowledged for being born and raised in Hayward.

It was moved by Mayor Salinas, seconded by Council Member Syrop, 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 24-012 “Resolution Approving the Amended Fiscal Year 2024 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding Resolution No. 23-273 and All Amendments Thereto”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Roche made two announcements: 1) the library was embarking on a strategic plan that will help assess community and staff needs and optimize resources; and 2) the library was hosting a Pictures of Belonging book presentation on January 27, 2024, at the Library.

Council Member Zermeño announced Alameda County Supervisor Márquez would be the presenter at the Latino Business Roundtable of Hayward’s Chamber of Commerce on January 26, 2024, at St. Rose Hospital.

Council Member Andrews noted that the East Bay Dischargers Authority was celebrating its 50th Anniversary and the Bay Area Water Supply & Conservation Agency was celebrating its 40th Anniversary.

Mayor Salinas reported on his attendance at the U.S. Conference of Mayors 2024 in Washington DC from January 17 through January 19, 2024.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 10:18 p.m.

16 | J a n u a r y 2 3 , 2 0 2 4

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-018
DATE: February 20, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on January 30, 2024

RECOMMENDATION
That the Council approves the special City Council meeting minutes of January 30, 2024.

SUMMARY
The City Council held a special meeting on January 30, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 1/30/2024
CITY OF HAYWARD Printed on 2/15/2024Page 1 of 1
powered by Legistar™

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

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

Pledge of Allegiance: Council Member Bonilla Jr.

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

Absent: None

PRESENTATION

Mayor Salinas read a certificate of commendation acknowledging former Police Chief Toney Chaplin upon his retirement and in recognition of his valuable service to the community. City Manager McAdoo and Police Chief Matthews offered words of gratitude to former Police Chief Chaplin for his thoughtfulness, dedication , professionalism, leadership, and commitment to public service. Mayor Salinas and Police Chief Matthews presented Chief Chaplin with plaques and items of recognition for his service. Former Police Chief Chaplin offered words of appreciation.

PUBLIC COMMENTS

Suzane with Hayward Concerned Citizens congratulated Police Chief Chaplin on his retirement and thanked him for the expertise he brought to the Hayward Police Department.

Jackson Peterson introduced Civic GPT, a technological solution designed to optimize a city’s governance and communication processes.

Arzo Mehdavi commended the work done by Police Chief Chaplin and spoke in favor of the Council’s action to remove four companies from the City’s investment portfolio.

Mimi Dean spoke about the former Skywest Golf Course proposed development and expressed the proposal is an environmental injustice and does not enhance the quality of life for surrounding community areas and invited the Council to walk the area.

Tyler Dragony expressed concern about the proposed development of former Skywest Golf Course and the negative impact to the unincorporated Eden Area.

Sergio Jimenez with Nor Cal Carpenters Union urged the City to encourage developers to use contractors that provide health coverage, use apprenticeships, and hire locally.

2 | J a n u a r y 30 , 2 0 2 4
CITY MANAGER’S COMMENTS

City Manager McAdoo made two announcements: 1) the swearing-in of new Police Chief Bryan Matthews on February 1, 2023 ; and 2) in anticipation of the upcoming storm, free sandbags were available in front of the Hayward Animal Center and additional in formation was available on the City’s website.

CONSENT

1. Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning Certain Properties to a Planned Development District in Connection with Zone Change and Vesting Tentative Map Application No. MTA-23-0001 for the Eden Village III Development CONS 24-042

Staff report submitted by City Clerk Lens, dated January 30, 2024, was filed.

It was moved by Council Member Bonilla Jr., 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

Ordinance 24-02, “An Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) Of the Hayward Municipal Code Rezoning a Property to the Medium Density Residential District in
Connection with Zone Change Application No. MTA-23-0005”

2. Adopt a Resolution Accepting the Resignation of Commissioner Aidan Ali -Sullivan from the Planning Commission, Effective Immediately CONS 24-038

Staff report submitted by City Clerk Lens, dated January 30, 2024, was filed.

Council Member Bonilla Jr. commended the work of former Commissioner Ali -Sullivan and thanked him for his service; and announced the annual recruitment would launch at the end of April and encouraged interested residents to apply.

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

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

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

Resolution 24 -013, “Resolution Accepting the Resignation of Aidan Ali-Sullivan from the Planning Commission”

3. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $200,000 in Donations and Fee Revenue for the Animal Shelter for Fiscal Year 2024 CONS 24-006

Staff report submitted by Police Chief Matthews, dated January 30, 2024, was filed.

It was moved by Council Member Bonilla Jr. , 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 24-014, “Resolution Authorizing the City Manager to Accept and Appropriate Up to $200,000 in Donations and Fee Revenue for the Hayward Animal Shelter for Fiscal Year 2024”

4. Adopt a Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for Human Potential, Inc. for the California Department of Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropriate Additional Funding in the Amount of $876,546 CONS 24-036

Staff report submitted by Assistant City Manager Youngblood, dated January 30, 2024, was filed.

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

4 | J a n u a r y 30 , 2 0 2 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24-015, “Resolution Authorizing the City Manager to (1) Extend and Amend the Agreement with Advocates for Human Potential, Inc. for the California Department of Healthcare Services, Behavioral Health Justice Intervention Services Project; and (2) Accept and Appropr iate Additional Funding in the Amount of $876,546.”

5. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $709,000 in Grant Funding from the Office of Justice Programs - Byrne Discretionary Community Project Funding Program for the Hayward Evaluation and Response Teams (HEART) Program Operations CONS 24-037

Staff report submitted by Assistant City Manager Youngblood, dated January 30, 2024, was filed.

Council Member Bonilla Jr. highlighted the grant for the Hayward Evaluation and Response Teams program.

It was moved by Council Member Bonilla Jr. , 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 24-016, “Resolution Authorizing the City Manager Accept and Appropriate $709,000 in Grant Funding from the Office of Justice Programs for the Hayward Evaluation Response Teams (Heart) Program”

6. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with NHA Advisors, LLC for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not-to-Exceed $85,000 for the Water Pollution Control Facility (WPCF) Improvements - Phase II Project CONS 24-039

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

Staff report submitted by Public Works Director Ameri, dated January 30, 2024, was filed.

It was moved by Council Member Bonilla Jr. , 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 24-017, “Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with NHA Advisor, LLC for Water Infrastructure Finance and
Innovation Act (WIFIA) Loan Application and Funding Consulting Services in an Amount Not -To-Exceed $85,000 for the Water Pollution Control Facility (WPCF) Improvement – Phase II Project”

7. Adopt a Resolution Authorizing the City Manager to Approve and Appropriate $60,000 to Implement a Bench for Every Bus Stop Pilot Program Project No. 05343 CONS 24-040

Staff report submitted by Public Works Director Ameri, dated January 30, 2024, was filed.

It was moved by Council Member Bonilla Jr. , 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 24-018, “Resolution Authorizing the City Manager to Appropriate Funds in the Amount of $60,000 from Measure B Pedestrian and Bicycle (Fund 216) for the A Bench for Every Bus Stop Pilot Program Project No. 05343”

6 | J a n u a r y 30 , 2 0 2 4

8. Adopt a Resolution Approving Garbage and Recycling Rate Adjustment for 2024 -2025 CONS 24-041

Staff report submitted by Public Works Director Ameri, dated January 30, 2024, was filed.

Council Member Bonilla Jr. acknowledged the need for rates to go up slightly and noted that the rates were lower compared to other municipalities.

It was moved by Council Member Bonilla Jr. , 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 24 -019, “Resolution Approving the Garbage & Recycling Rate Adjustment for 2024-2025”

9. Adopt a Resolution Authorizing the City Manager to Negotiate an Agreement with Stryker Corporation for the Purchase of Lucas Chest Compression Devices for the Hayward Fire Department in an Amount Not-to-Exceed $384,836 CONS 24-043

Staff report submitted by Fire Chief Contreras, dated January 30, 2024, was filed.

It was moved by Council Member Bonilla Jr. , 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 24-020, “Resolution Authorizing the City Manager to Negotiate an Agreement with Stryker Corporation for the Purchase of Lucas Chest Compression Devices for Use by the Hayward Fire Department in an Amount Not -To-Exceed
$384,836”

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

10. Adopt a Resolution Ratifying Updates to the Council Appointments List CONS 24-049

Staff report submitted by City Manager McAdoo, dated January 30, 2024, was filed.

Council Member Bonilla Jr. appreciated the Public Safety Committee formation, the forward movement, and the appointments made by Mayor Salinas.

Council Member Andrews clarified that the Bay Area Water Supply and Conservation Authority meets at 6:30 p.m. and later confirmed the East Bay Dischargers Authority meets at 4:00 p.m.

Mayor Salinas acknowledged Council Member Andrews for her service in variou s intergovernmental agencies.

It was moved by Council Member Bonilla Jr. , 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 24-021, “Resolution to Confirm the Mayor’s Council Appointments as Shown in the Attached Council Appointments List, Dated January 25, 2024”

PUBLIC HEARING

11. 1103 Walpert Street Rezoning: Proposed Zone Change of a 4.1-Acre Site Located at 1103 Walpert Street (Assessor’s Parcel Number (APN) 445 -0040-003-03), from Planned Development (PD) District to Medium Density Residential (RM) District Consistent with the Me dium Density Residential Land Use Designation and Finding that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act; Application No. MTA-23-0005. Applicant: Ronald Luter, Arc of the East Bay. Owners: Arc of the East Bay PH 24-002

Staff report submitted by Development Services Director Buizer, dated January 30, 2024, was filed.

8 | J a n u a r y 30 , 2 0 2 4
Mayor Salinas announced he was asking staff to forgo the oral presentation and proceed with questions. There were no questions from members of the City Council.

Mayor Salinas opened the public hearing at 7:40 p.m.

Peggy Guernsey expressed safety concerns with the court in the proposed development noting it is extremely narrow for cars to travel down the court and was opposed to increasing the density in the court.

Mayor Salinas closed the public hearing at 7:43 p.m.

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

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

Resolution 24-022, “Resolution Approving a Zone Change and Findings that No Further Environmental Review is Required Pursuant to the California Environmental Quality Act; Arc of the East Bay (Applicant/Owner)”

Introduction of Ordinance 24-_, “An Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) Of the Hayward Municipal Code Rezoning a Property to the Medium Density Residential District in Connection with Zone Change Application No. MTA-23-0005”

12. Hayward 2040 General Plan: Adopt Resolutions Amending the Hayward 2040 General Plan to Include the Updated Climate Action Plan, an Amended Hazards Element, and a New Environmental Justice Element; and Approval of Related Environmental Analysis Prepared Pursuant to the California Environmental Quality Act PH 24-003

Staff report submitted by Development Services Director Buizer and Public Works Director Ameri, dated January 30, 2024, was filed.

Principal Planner Schmidt and Environmental Services Manager Pearson provided a synopsis of the staff report.

Members of the City Council thanked City staff for all the work and public outreach with the Hayward 2040 General Plan.

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

Discussion ensued among members of the City Council, Principal Planner Schmidt , and Environmental Services Manager Pearson and the following points were clarified: staff can seek out grants and commit to education of homes impacted by pollution burden ; modifications to the Hazards Ele ment and Environmental Justice Element included comments received from Save The Bay ; staff is working with Ava Community Energy to install solar and battery storage targeting critical facilities that need to remain open during a disaster; outreach efforts included several communi ty facilities throughout the city; Climate Action Plan goals related to transportation address emission reduction efforts; City staff engages businesses when deciding to install electric vehicle charging stations; the City received a grant to begin an inventory of public trees and is pursuing additional funding to prepare an Urban Forest Master Plan; staff plans to start tracking greenhouse gas emissions from the airport; funding for eight staff to support the plan will be addressed during the Strategic Roadmap meeting; airport emissions will be included in the annual greenhouse gas emissions inventory report; the fleet electrification target is a part of the overall target; as it is difficult to install electric vehicle charging in older multi -family housing, more publicly available charging will be required; staff continues to learn about the best way to accomplish goals and adjust the programs to match available science; staff is reviewing a StopWaste model ordinance that cities can adopt to regulate the use of single use disposables; and Ava Community Energy utilize the same low-income discount that PG&E has for electricity rates and offers incentives for electrification of appliances.

Mayor Salinas opened the public hearing at 8:20 p.m.

Erin Pang with Save The Bay supported adoption of the Hayward Environmental Justice Element and Hazard Element with recommended edits marked as accepted in Attachment VI noting the goal was to have climate resilience prioritized in all aspects of city planning.

Justin Vidanes supported the proposed General Plan and recommended considering pervious concrete and nuclear energy.

Mimi Dean urged the Council to include the emissions data for the airport in the Climate Action Plan prior to its adoption.

Tyler Dragoni expressed concern for omitting the airport emissions from the Climate Action Plan.

Randy Waage suggested monitoring greenhouse gases from the airport, noted the need for extra trail space, and suggested a ban on plastic bags and water bottles.

Mayor Salinas closed the public hearing at 8:34 p.m.

10 | J a n u a r y 30 , 202 4
Council Sustainability Commission members Andrews, Roche, and Zermeño were acknowledged for their involvement; City staff were commended for their work; and Planning Commissioner Meyers was recognized for his presence in the audience.

Council Member Syrop commented that electric vehicles and carbon sequestration were not necessarily pro-climate measures; inquired about an accelerated timeline t o incorporate airport emissions metrics into the greenhouse gas inventory for review by the Council Sustainability Committee and Council Infrastructure and Airport Committee to inform future Climate Action Plan amendments, and generally expressed support for the item.

Principal Planner Schmidt c larified for the record that the greenhouse gas inventory that omitted airport emissions was separate from the New Environmental Justice Element map presented which was based on environmental and socio-economic factors which included the airport.

Council Member Roche acknowledged staff’s readiness with answers throughout the process during the Council Sustainability Committee ’s discussion which included pervious cement; offered to agendize the airport emissions matter with the Council Sustainability Committee; and noted Hayward had been meeting goals ahead of the state with the Plan and the Environment Justice Element would help with funding opportunities.

Council Member Roche made a motion to move staff’s recommendation.

Council Member Andrews seconded the motion, inquired about prioritizing grants for pollution reduction efforts near homes around the I-880 freeway and airport; noted the Keep Hayward Clean and Green Task Force submitted a letter regarding plastic straws and urged continued efforts to address plastic straw packaging; and encouraged further partnership with Caltrans in relation to the Environmental Justice Element.

Council Members Goldstein supported the inclusion of the airport emissions data in the inventory report.

Council Member Bonilla Jr. expressed overall support of the Plan especially the climate resilience and centering the work on justice and equity and the new Environmental Justice Element; stressed the importance of public engagement and participation from low-income communities in the success of the Plan; and supported the Council Sustainability Committee’s involvement to include the airport into the inventory moving forward.

Council Member Zermeño supported moving the Plan forward and favored having the Council Sustainability Committee review the airport emissions data and making a recommendation to the Council.

Mayor Salinas concurred with comments by Council members, recognized Hayward’s movement to ban plastic bags and Styrofoam use and adopt the use of compostable take-out containers; and noted the negative pollution impact to the Jackson Triangle neighborhood and emphasized attention to the matter from an Environmental Justice Element perspective.

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

It was moved by Council Member Roche, seconded by Council Member Andrews, 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 24-023, “Resolution Adopting the Updated Climate Action Plan as an Amendment to the Hayward 2040 General Plan, Greenhouse Gas Emissions Thresholds and the Initial Study and Negative Declaration Prepared Pursuant to the California Environmental Quality Act”

Resolution 24 -024, “Resolution Adopting a General Plan Amendments to the Hazards Element and Adoption of a New Environmental Justice Element”

LEGISLATIVE BUSINESS

13. Housing Emergency: Adopt a Resolution Declaring a State of Emergency on Homelessness, Temporarily Suspending Applicable Local Planning and Zoning Requirements for Publicly Owned Property and Specified Private Property to Enable Flexible Responses to the Homelessness Crisis, and Determining that the Common Sense CEQA Exemption Applies LB 24-004

Staff report submitted by Assistant City Manager Youngblood, dated January 30, 2024, was filed.

Assistant City Manager Youngblood announced the item and introduced Community Services Manager Cole-Bloom who provided a synopsis of the staff report.

Members of the City Council thanked City staff for all their work addressing homelessness.

Discussion ensued among members of the City Council , City Manager McAdoo, and Community Services Manager Cole -Bloom; and the following points were clarified: use allowances on privately owned land and minimum health and safety standards will be monitored during the state of emergency on homelessness and suspension of planning and zoning requirements; Council’s action on the matter would support a county land use 12 | J a n u a r y 30 , 202 4
committee which would aim at identifying available parcels and collaborating across jurisdictions; the county was expediting procurements and looking for additional funding to sustain existing and effective agencies; the state of emergency on homelessness would be in effect until March 2025 and information reports could be shared with the Council and frequent updates with the Housing and Homelessness Task Force ; staff could discuss ways to convey to state elected officials the benefits of Project Roomkey and non-congregant settings; the City will continue to address barriers to services and evaluate response methods; the results of the Point -in-Time (PIT) count for individuals experiencing homelessness will be shared in the spring; and staff could evaluate how the emergency declaration can facilitate conversations on Caltrans land.

There being no public comments, Mayor Salinas opened and closed the public hearing at 9:20 p.m.

Members of the Council acknowledged Community Services Manager Cole-Bloom for her work around homelessness efforts and leading the PIT count ; and recognized the work of Homelessness-Housing Task Force members Goldstein, Salinas and Syrop.

Mayor Salinas disclosed he serves on the Alameda County Mayor’s Conference Homelessness Task Force and noted that short-term strategies for local municipal governments included moving individuals to wraparound services, and long-term strategies included working with county, state, and federal partners and leveraging funds for successful programs.

Council Member Bonilla Jr., disclosed he serves on the Alameda County Continuum of Care committee and noted the importance of a coordinated entry to permanent housing ; acknowledged the state of emergency declaration would help coordinate county efforts and give the City the flexibility to address the homelessness crisis; and noted the Council’s action would align with Council’s priorities to preserve, protect and produce more housing, stressing the importance of prioritizing equity; and made a motion to approve staff’s recommendations.

Council Member Syrop seconded the motion; expressed concern about the results of the Point- in-Time (PIT) Count for individuals experiencing homelessness which will be ready in the spring and urged the City to be in the best place possible to prepare solutions; and encouraged the community to read the staff report that details the efforts to address the homelessness crisis.

Council Member Roche noted homelessness is a regional issue that needs a coordinated effort; and expressed support for the declaration of emergency.

Council Member Andrews acknowledged PIT count participants ; stated the emergency declaration does not represent lack of effort on homelessness from the City; was appalled to find a fifty percent homelessness for an eight percent African population; stressed the need to identify systemic barriers that are creating the oppression to such outcome in the community; and supported the motion.

SPECIAL CITY COUNCIL MEETING MINUTES
777 B Street, Hayward, CA 94541
Council Chambers and Virtual Platform (Zoom)
Tuesday, January 30, 2024, 7:00 p.m.

Council Member Zermeño noted the action was a good next step in dealing with homelessness; noted the action also addresse d public safety and health concerns in the community ; and expressed support for the motion.

Council Member Goldstein noted he serves on the Homelessness-Housing Task Force and the Housing Authority of the County of Alameda and was honored to support the motion.

It was moved by Council Member Bonilla Jr., seconded by Council Member Syrop, 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 24-025, “Resolution declaring a State of Emergency on Homelessness and Temporarily Suspending Applicable Local Planning and Zoning Requirements for Publicly Owned Property and Specified Private Property to Enable Flexible Responses to the Homelessness Crisis.”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Syrop asked for staff to put out communication to the unhoused community regarding assistance during the upcoming storms and staff agreed to follow through.

Council Member Andrews wanted the community to know the Council was looking at ways to address concerns related to Foothill Boulevard.

ADJOURNMENT

Mayor Salinas adjourned the special City Council meeting at 9:38 p.m. noting the next meeting was scheduled for February 6, 2024.

14 | J a n u a r y 30 , 202 4

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-057
DATE: February 20, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning a Property to the Medium Density Residential District in Connection with Zone Change Application No. MTA-23-0005

RECOMMENDATION
That the Council adopts the Ordinance introduced on January 30, 2024.

SUMMARY
This item entails adoption of an Ordinance amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code rezoning a property to the Medium Density Residential District in connection with Zone Change Application No. MTA-23-0005, introduced on January 30, 2024, by Council Member Roche.

ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: City Clerk

SUBJECT: Adopt an Ordinance Amending Chapter 10, Article 1 (Zoning Ordinance) of the Hayward Municipal Code Rezoning a Property to the Medium Density Residential District in Connection with Zone Change Application No. MTA-23- 0005

RECOMMENDATION

That the Council adopts the Ordinance introduced on January 30, 2024.

SUMMARY

This item entails adoption of an Ordinance amending Chapter 10, Article 1 ( Zoning Ordinance) of the Hayward Municipal Code rezoning a property to the Medium Density Residential District in connection with Zone Change Application No. MTA -23-0005, introduced on January 30, 2024, by Council Member Roche.

BACKGROUND

The Ordinance was introduced by Council Member Roche at the January 30, 2024, meeting of the City Council with the following vote:

AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: 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, February 16, 2024. Adoption, at this time, is therefore appropriate.

NEXT STEPS

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

Prepared and Recommended by: Miriam Lens, City Clerk

Approved by:
________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE

CITY COUNCIL OF THE CITY OF HAYWARD

AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE) OF THE

HAYWARD MUNICIPAL CODE REZONING A PROPERTY TO THE MEDIUM DE NSITY RESIDENTIAL DISTRICT IN CO NNECTION WITH ZONE CHANGE APPLICATION NO . MTA - 23-0005

WHEREAS, on January 30, 20 24, the City Council held a public hearing and adopted findings in support of the requested zone change.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions.

Chapter 10 of the Hayward Municipal Code is hereby amended to rezone one parcel located at 1103 Walpert Street (Assessor P arcel No. (APN) 445-0040-003-03), to the Medium Density Residential District, subject to the findings and condi tions of approval set forth in the companion Resolution No. 24-022 to this Ordinance.

Section 2. Severance.

Should any part of this ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitu tional, invalid or beyond authority of the City, such decision shall not affect the validity of the remainder of this or dinance, which shall continue in f ull force and effect, provided the remaind er of the ordinance, absent the excised portion, can be reasonably inte rpreted to give effect to intentions of the City Council.

Section 3. Effective Date.

This ordinance shall become effective immediately upon adoption.

Introduced at a regular meeting of the City Council of the City of Hayward, held the 30th day of January 2024, by Council Member Roche.

This Ordinance will be considered for adoption at a meeting of the Hayward City Council, to be held on February 20, 2024, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow f or participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examin ation by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.

Dated: February 16, 2024
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 24-059
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt Resolutions to Execute Side Letter Agreements Amending the Memoranda of Understanding (MOU) between the City of Hayward and the Hayward Police Officers Association (HPOA), and the City of Hayward and the International Association of Firefighters, AFL-CIO, Local 1909 (Local 1909), to Change the Existing Cost-Sharing Amount for PEPRA Members

RECOMMENDATION
That the Council adopts the resolutions (Attachments II and III) for side letter agreements amending the Memoranda of Understanding (MOU) between the City of Hayward and HPOA, and the City of Hayward and Local 1909, to change the existing cost-sharing amount for PEPRA members.

SUMMARY
The City contracts with CalPERS for retirement benefits. The City and employees are required to make contributions towards CalPERS retirement costs to fund the benefit. On November 17, 2020, the City Council adopted Resolution 20-197 to amend the previously agreed upon contribution rate for PEPRA Police members (employees hired on or after January 1, 2013). Per the Ordinance, PEPRA Police employees contribute 13% of their salaries for the employees’ share of retirement costs, plus an additional 2% towards the employer’s required contribution for a total employee contribution of 15%.

Concurrently, on November 17, 2020, the City Council adopted Resolution 20-198 to amend the previously agreed upon contribution rate for PEPRA Fire members (employees hired on or after January 1, 2013). Per the Ordinance, PEPRA Fire employees contribute 10.5% of their salaries for the employees’ share of retirement costs, plus an additional 4.5% towards the employer’s required contribution for a total employee contribution of 15%.

Per the current MOUs (Section 8.01B of the HPOA agreement, and Section 6.01B of the Local 1909 agreement), PEPRA Safety (Police and Fire) employees shall not be required to contribute more than 15% of their salaries to fund their pension, and if CalPERS enacts a change to the employee rate as reflected in the Annual Valuation Report, the parties will amend the respective contract to ensure PEPRA members continue to contribute no more than a total of 15% of reportable wages.

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ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - HPOA
Attachment III Resolution - Local 1909
Attachment IV Side Letter Agreement - HPOA - CalPERS PEPRA Member Contributions Attachment V Side Letter Agreement - Local 1909 - CalPERS PEPRA Member Contributions
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: Director of Human Resources

SUBJECT: Adopt Resolutions to Execute Side Letter Agreements Amending the Memoranda of Understanding (MOU) between the City of Hayward and the Hayward Police Officers Association (HPOA), and the City of Hayward and the International Association of Firefighters, AFL-CIO, Local 1909 (Local 1909), to Change the Existing Cost-Sharing Amount for PEPRA Members

RECOMMENDATION

That the Council adopts the resolutions (Attachments II and III) for side letter agreements amending the Memoranda of Understanding (MOU) between the City of Hayward and HPOA, and the City of Hayward and Local 1909, to change the existing cost-sharing amount for PEPRA members.

BACKGROUND AND SUMMARY

The City contracts with CalPERS for retirement benefits. The City and employees are required to make contributions towards CalPERS retirement costs to fund the benefit. On November 17, 2020, the City Council adopted Resolution 20-197 to amend the previously agreed upon contribution rate for PEPRA Police members (employees hired on or after January 1, 2013).

Per the Ordinance, PEPRA Police employees contribute 13% of their salaries for the employees’ share of retirement costs, plus an additional 2% towards the employer’s required contribution for a total employee contribution of 15%.

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DISCUSSION

The City was notified by CalPERS that effective July 1, 2023, the employee contribution rate for PEPRA Police members increased from 13% to 13.5%. In order to maintain a total 15% contribution rate for PEPRA Police members as required by the current agreement between the parties, the employee contribution to the employer’s obligation must be reduced by .5%.

The employee contribution rate for PEPRA Fire members also increased from 10.5% to

11.25%, effective July 1, 2023. In order to maintain a total 15% contribution rate for PEPRA Fire members as required by the current agreement between the parties, the employee contribution to the employer’s obligation must be reduced by 0.75%.

Currently, PEPRA Safety employees continue to contribute a total of 15% towards their pension. However, due to the change in the employee contribution rates for PEPRA safety members effective July 1, 2023, Finance staff must make manual adjustments when reporting to CalPERS, for both PEPRA Police and PEPRA Fire employees. For PEPRA Police employees, these manual adjustments are made every pay period to reflect the increase to the employee contribution by .5% and consequent reduction of the employee contribution towards the employer portion by .5%. Similarly, for PEPRA Fire employees, these manual adjustments are made every pay period to reflect the increase to the employee contribution by 0.75% and consequent reduction of the employee contribution towards the employer portion by 0.75%.

To avoid this manual process and report the correct contribution rate to CalPERS, side letters reflecting the exact percentages of cost-sharing, are required by CalPERS.

The City has reached agreement with both HPOA and Local 1909 on the language presented in Attachments IV and V.

FISCAL IMPACT

There is no fiscal impact associated with this report. Both PEPRA Police and PEPRA Fire members will continue to contribute 15% to fund their CalPERS pensions, as previously agreed to (Resolution 14-122, Resolution 13-097).

STRATEGIC INITIATIVES

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

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NEXT STEPS

Human Resources staff will work with CalPERS to change the existing cost-sharing amounts in the CalPERS system.

Prepared by: Marisa Guerrero, Human Resources Manager

Recommended by: Brittney Frye, Director of Human Resources

Approved by:

___________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-_____

Introduced by Council Member __________

RESOLUTION AUTHORIZING EXECUTION OF A SIDE LETTER AGREEMENT

AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY

OF HAYWARD AND THE HAYWARD POLICE OFFICERS ASSOCIATION (HPOA)

TO CHANGE THE EXISTING COST-SHARING AMOUNT FOR PEPRA MEMBERS

WHEREAS, the Hayward Police Bargaining Unit and its members (collectively “HPOA”) hired on or after January 1, 2013 are considered CalPERS PEPRA Police New Members; and

WHEREAS, CalPERS PEPRA Police Members will continue to a total of 15% of their salary to fund their retirement costs; and

WHEREAS, effective July 1, 2023, CalPERS increased the employee contribution rate for PEPRA Police Members from the current rate of 13% to 13.5%, thus leaving a difference of .5% to be reduced from the member’s employer contribution to equal the previously agreed to 15% total contribution; and

WHEREAS, for the City to report the correct contribution rate to CalPERS, a n executed side letter with the exact percentage of cost-sharing, is required by CalPERS.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approve the executed side letter changing the existing cost-sharing amounts for PEPRA Police Members.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-_____

Introduced by Council Member ______________

RESOLUTION AUTHORIZING EXECUTION OF THE SIDE LETTER AMENDING

THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

HAYWARD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 1909 TO CHANGE THE COST-SHARING AMOUNT FOR PEPRA

MEMBERS

WHEREAS, the Hayward Firefighters Bargaining Unit, Local 1909 and its members (collectively “Local 1909”) hired on or after January 1, 2013 are considered CalPERS PEPRA Fire New Members; and

WHEREAS, CalPERS PEPRA Fire New Members will continue to a total of 15% of their salary to fund their retirement costs; and

WHEREAS, effective July 1, 2023, CalPERS increased the employee contribution rate for PEPRA Fire New Members from the current rate of 10.5% to 11.25%, thus leaving a difference of 0.75% to be added to the member’s employer contribution to equal the previously agreed to 15% total contribution; and

WHEREAS, for the City to report the correct contribution rate to CalPERS, a n executed side letter with the exact percentage of cost-sharing, is required by CalPERS.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approve the executed side letter changing the existing cost-sharing amounts for PEPRA Fire members.

ATTACHMENT III

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

Attachment IV
Attachment IV
Side Letter of Agreement between the City of Hayward
and IAFF Local 1909 Page 1 of 3
2024 SIDE LETTER OF AGREEMENT TO AMEND SECTION 6.01B OF THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 1909 This Side Letter of Agreement is made between the City of Hayward (City) and IAFF Local 1909 to amend section 6.01B of the Memorandum of Understanding effective January 1, 2024 through December 31, 2029 between the employees CalPERS contributions. This Side Letter of Agreement clarifies the additional CalPERS contribution for published CalPERS employee rate. This additional contribution under Government Code Section 20516 equals a fifteen percent (15%) total CalPERS employee contribution as agreed upon by the parties.

The City and IAFF Local 1909 agree that the terms of this Side Letter of Agreement shall become effective the pay period including July 1, 2023. The parties also agree that the terms of this Side Letter of Agreement are limited to only those specific items contained herein.

Retirement Plan, Optional Benefits, Cost Sharing (PERS Contributions) Section 6.01B (Optional Benefits, Cost Sharing (PERS Contributions)) shall be null and void and replaced with the following:
(B) Employees hired on or after January 1, 2013
This Section B shall apply to CalPERS eligible employees hired on or after January 1, 2013, who do not qualify for pension reciprocity pursuant to Government Code Section 7522.02(c).

R . The retirement plan for these employees shall be the retirement plan which the City is required to provide for new members pursuant to California i
. As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 2.7% @ 57) pension formula shall apply.
ii. As required by Government Code Section 7522.32, for the purposes of determining a retirement benefit for these employees, final compensation shall mean the highest average annual pensionable compensation earned during t
hirty-six (36) consecutive months of service.

Attachment V
Side Letter of Agreement between the City of Hayward
and IAFF Local 1909 Page 2 of 3
iii. As required by Government Code Section 7522.30, employees shall have an initial contribution rate of fifty percent (50%) of the total normal cost rate as defined in Section 7522.04 (g).
iv. Other contracted benefits include:

1. Section 20965 Unused Sick Leave Credit;

2. Section 21547.7 Alternative Death Benefit for Local Fire Members Credited with twenty (20) or More Years of Service;

3. Section 21573 1959 Survivor Benefits Level three (3);

4. Section 21329 2% Annual Cost-of-Living Allowance Increase;

5. Section 20516 Member Sharing Cost of Optional Benefit;

6. Section 20903 Additional Service Credit two (2) Years;

7. Section 21551 Pre-Retirement Death Benefit to Continue after Remarriage;

8. Section 21027 Military Service Credit for Retired Persons;

9. Section 21024 Military Service Credit for as Public Service;

10. Section 21635 Post-Retirement Survivor Allowance to Continue after Remarriage;

11. Section 21624/21626 Post-Retirement Survivor Allowance;

12. Section 21620 Retired Death Benefit; and

13. Section 20055 Prior Service.

New members shall continue to pay a total of fifteen percent (15%) of reportable wages to fund their pension until such time that a successor agreement is negotiated. The fifteen percent (15%) of reportable wages is comprised of the CalPERS published employee rate, plus the pay to CalPERS for these employees. Under Section 20516, the additional contributions are as follows:

Effective the pay period including July 1, 2013 3.75%
Effective the pay period including July 1, 2016 5.25%
Effective the pay period including July 1, 2020

4.50%
Effective the pay period including July 1, 2023 3.75%
Following the 2021 Valuation Report, under Section 20516, effective July 1, 2023, employees contributions will be adjusted to 3.75%. If CalPERS enacts another change to the employee rate as reflected in the Annual Valuation Report, the parties will amend this side letter to ensure it accurately reflects new members pay a total of fifteen percent (15%) of reportable Attachment V
Side Letter of Agreement between the City of Hayward
and IAFF Local 1909 Page 3 of 3
wages to fund their pension. fifty percent (50%) of
normal cost as determined by CalPERS. The balance, if any, of this contribution shall constitute CalPERS. In no event shall the employee contribution be less than fifty percent (50%) of the total normal cost rate, as required by Government Code Section 7522.30.

Executed on this ____ day of _______________, 2024 at Hayward, California For the City of Hayward: For International Association of Firefighters, AFL-CIO, Local 1909
___________________________ _____________________________________ Kelly McAdoo, City Manager Andrew Ghali, President
Attachment V

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-060
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2,000,000 in Grant Funding from the California Department of Health Care Services For the Construction of a Subacute Facility for Senior and Medically Fragile Persons at St. Rose Hospital in Hayward

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $2,000,000 in grant funding from the California Department of Health Care Services for renovations at St.

Rose Hospital for the development of a new sub-acute care facility for the senior and medically fragile population in Hayward.

SUMMARY
The City of Hayward has partnered with St. Rose Hospital to seek funding to renovate a portion of the hospital to create a subacute facility to serve senior citizens and the medically fragile population of Hayward.

Subacute care is defined as comprehensive inpatient care designed for someone who does not require hospital acute care but has an acute illness, injury, or exacerbation of a disease process that requires more intensive care than is provided to patients in a general nursing facility. Subacute patients are medically fragile and require special services, such as inhalation therapy, tracheotomy care, intravenous care, tube feeding, and complex wound management care.

Currently, there are no subacute facilities in this region of the County, and therefore there is a huge demand for such. Because there are no subacute facilities in this region, many patients treated at St. Rose end up staying longer even though they do not require acute hospital care, because there are no nursing homes able to facilitate their care.

With the use of the requested funding, St. Rose Hospital will be able to create a subacute treatment center that can care for approximately 30 patients at a time. This critical investment benefits every system in the region, enabling St. Rose to efficiently provide more service to those who most need it.

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ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: Fire Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $2,000,000 in Grant Funding From the California Department of Health Care Services For the Construction of a Subacute Facility for Senior and Medically Fragile Persons at St. Rose Hospital in Hayward

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $2,000,000 in grant funding from the California Department of Health Care Services for renovations at St. Rose Hospital for the development of a new sub-acute care facility for the senior and medically fragile population in Hayward.

SUMMARY

The City of Hayward has partnered with St. Rose Hospital to seek funding to renovate a portion of the hospital to create a subacute facility to serve senior citizens and the medically fragile population of Hayward.

With the use of the requested funding, St. Rose Hospital will be able to create a subacute treatment center that can care for approximately 30 patients at a time. This critical

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investment benefits every system in the region, enabling St. Rose to efficiently provide more service to those who most need it.

BACKGROUND AND DISCUSSION

St. Rose Hospital is an independent, nonprofit community hospital located in Hayward. As the only non-profit hospital in the area, St. Rose is open to all Hayward residents regardless of insurance, income level, or documentation status. St. Rose serves the neediest members of the community daily, services that the City and the other hospitals in the area are unable to provide. The current services at St. Rose include surgery, physical rehabilitation, outpatient care, birthing, emergency, diagnostics, and more. The addition of a sub-acute facility within the existing hospital will allow for the ongoing care of patients who currently do not fit into the offered services. By expanding the offerings at St. Rose, more residents of Hayward will be able to receive quality care without the added hindrance of travel and associated costs.

As indicated above, adult subacute care is defined as a level of care needed by a patient who does not require hospital acute care but who requires more intensive licensed skilled nursing care than is provided to most patients in a skilled nursing facility. Often, these patients are forced to take alternative routes to receive the care they need, which can manifest in unnecessary emergency room visits, which burden the 911 system, or travel to outlying facilities that come with difficulties of reliable transportation and costs. Subacute patients require special medical equipment, supplies, and treatments such as ventilators, tracheostomies, total parenteral nutrition, tube feeding, and complex wound management care.

The addition of sub-acute care to the only full-service hospital within the City of Hayward fills a necessary gap in fulfilling the healthcare needs of all residents and bolsters the available amenities of living and working in Hayward. While the city proudly boasts 84,400+ local jobs, the expansion of services at St. Rose would add additional skilled labor positions. The addition of employment opportunities, expanded healthcare services, and additional commerce within the city boundaries will create a positive impact on the city in many facets.

ECONOMIC IMPACT

The renovation of the hospital and the expansion of services will create jobs in construction and hospital employment, and the addition of purchases associated with increased healthcare supply purchases, the economic impact of the hospital addition will be positive and beneficial to the city.

STRATEGIC ROADMAP

The addition of sub-acute care aligns with the strategic priority for “Enhancement of Community Safety and Quality of Life” but does not align with a specific project.

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NEXT STEPS

If Council adopts the resolution, staff will accept the funding and transfer the funds to St. Rose to begin the bidding and construction process.

Prepared by: Lauren Dekas, Management Analyst

Recommended by: Garrett Contreras, Fire Chief

Approved by:
_________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-______

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROPRIATE $2,000,000 IN GRANT FUNDING FROM THE CALIFORNIA DEPARTMENT OF HEALTH

CARE SERVICES FOR THE CONSTRUCTION OF A SUBACTUE FACILITY FOR SENIOR AND MEDICALLY FRAGILE PERSONS AT ST. ROSE HOSPITAL IN HAYWARD

WHEREAS, the City of Hayward has been accepted as the recipient of $2,000,000 in grant funding from the California Department of Health Care Services; and

WHEREAS, St. Rose Hospital, a vital medical facility within the City of Hayward which serves a large portion of the local population , currently does not have a subacut e facility to care for those who do not require acute hospital care but do require acute inpatient nursing care; and

WHEREAS, the lack of a subacute facility in St. Rose hospital has caused the overcrowding of hospital beds used for patients who do not necessarily require acute hospital care and has created unnecessary hurdles for patients who require subacute skilled nursing care to obtain the care needed; and

WHEREAS, the City of Hayward intends to use the awarded grant funding to build subacute facility at St. Rose hospital to serve senior and medically fragile patients.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and takes the following actions:

Authorize the City Manager to accept and appropriate $2,000,000 in grant funding from the California Department of Health Care Services to be routed to St. Rose Hospital to construct a subacute facility at St. Rose Hospital for the senior and medically fragile population of Hayward.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

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 24-061
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Diamondback Fire and Rescue for the Purchase of Amkus Auto Extrication Tools for the Hayward Fire Department in an Amount Not-To-Exceed $111,462.57

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with Diamondback Fire and Rescue for the purchase of portable, Amkus battery-operated auto extrication tools for fire apparatus.

SUMMARY
The Hayward Fire Department always strives to provide the highest quality of life-saving care in the event of any emergency. Too often, the need for emergency intervention involves removing a person from their vehicle after an accident. To remain prepared for all scenarios, the Hayward Fire Department (HFD) must purchase additional auto-extrication tools to ensure that all fire apparatuses are equipped with proper tools to face any emergency scenario. The Amkus auto extrication tools available from Diamondback Fire and Rescue have proven to be the best and most versatile choice on the market, coupled with competitive pricing and immediate product availability.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: Fire Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Agreement With Diamondback Fire and Rescue For the Purchase of Amkus Auto Extrication Tools For the Hayward Fire Department in an Amount Not-To- Exceed $111,462.57

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an agreement with Diamondback Fire and Rescue for the purchase of portable, Amkus battery- operated auto extrication tools for fire apparatus.

SUMMARY

The Hayward Fire Department always strives to provide the highest quality of life-saving care in the event of any emergency. Too often, the need for emergency intervention involves removing a person from their vehicle after an accident. To remain prepared for all scenarios, the Hayward Fire Department (HFD) must purchase additional auto-extrication tools to ensure that all fire apparatuses are equipped with proper tools to face any emergency scenario. The Amkus auto extrication tools available from Diamondback Fire and Rescue have proven to be the best and most versatile choice on the market, coupled with competitive pricing and immediate product availability.

BACKGROUND AND DISCUSSION

HFD has performed field testing for available models of auto extrication tools (Jaws of Life), and the Amkus auto extrication tool consistently received positive feedback based on performance, ease of use, and tool compatibility. The Amkus device is also equipped with the DeWalt battery system, making ease of charging, product availability, and pricing an appealing choice. The combination of ease of use and convenience for power options makes this a great solution for the Hayward Fire Department.

Hurst Edraulic and Holmatro battery operated tools were also given a performance test by all HFD Truck Company crews. Amkus was favored across the board by all crews based on how

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they performed. The construction of the Amkus tools were far superior to other brands and as stated earlier the power platform utilizes the Dewalt Flexvolt battery. Holmatro and Hurst utilize their own proprietary battery platform, which are much more expensive and one dimensional as far as versatility. Dewalt Flexvolt batteries used for Amkus extrication tools are also used in the drills, reciprocating saws, angle grinders, and skil saws carried on all apparatus. The Dewalt power platform is compatible with all of the Dewalt power tool arsenal available to the crews.

Battery-powered tools also provide the ability to go anywhere with the tool without connected hydraulic hoses. The tools can be operated in confined spaces because they do not require a separate power source. For these reasons, staff recommends purchase of the Amkus tools.

STRATEGIC ROADMAP

This purchase will enhance public safety and emergency preparedness, aligning with priority

1. FISCAL IMPACT

The purchase of the auto extrication tools will be covered by existing Fire Department budget allocated for this purchase.

SUSTAINABILITY FEATURES

The Amkus auto extrication tools have a battery-powered system using the DeWalt batteries, which have an excellent reputation for long-lasting charge, while remaining readily available across many markets. In addition, electric tools have taken us away from internal combustion engines to power rescue tools, having a positive impact on greenhouse gas emissions.

NEXT STEPS

Prepared by: Lauren Dekas, Management Analyst

Recommended by: Garrett Contreras, Fire Chief

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO. 24-_______

Introduced by Council Member _____________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH DIAMONDBACK FIRE AND RESCUE FOR THE PURCHASE

OF AMKUS AUTO EXTRICATION TOOLS FOR THE HAYWARD FIRE
DEPARTMENT IN AN AMOUNT NOT-TO-EXCEED $111,462.57

WHEREAS, the Hayward Fire Department requires the purchase of additional auto - extrication tools to ensure that all fire apparatuses utilized by the Hayward Fire Department (HFD) are equipped with this essential life -saving equipment, often used when removing a person from their vehicle after an accident; and

WHEREAS, HFD performed field testing for various available models of auto extrication tools and the Amkus auto extrication tool consistently received the most positive feedback based on performance, ease of use, and tool compatibility; and

WHEREAS, the Amkus system uses a compatible battery power source with existing HFD fire equipment.

NOW, THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following findings and takes the following actions:

Authorize the City Manager to execute an agreement with Diamondback Fire and Rescue for the purchase of Amkus auto extrication tools in an amount not -to-exceed $111,462.57.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

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 24-066
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers, Inc., for the FY 2024 Sewer and Water Line Replacement Projects, Project Nos. 07789 and 07072, in an Amount Not-to-Exceed $2,155,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with BKF Engineers, Inc., (BKF) in an amount not-to-exceed $2,155,000 for the FY 2024 Sewer and Water Line Replacement Projects.

SUMMARY
As part of the Council Adopted Strategic Roadmap to improve utilities infrastructure, the City aims to upgrade the sanitary sewer collection system by replacing an average of 2.5 miles of sewer and water pipelines annually. The goal is to improve the capacity and maintain the operability of the sewer collection and water distribution system, prevent sanitary sewer overflows, and provide adequate fire flows.

One professional service agreement is recommended for both the Sewer and Water Line Replacement Projects for design efficiencies and economies of scale. The Sewer Line Replacement Project involves replacing approximately 5.6 miles of sewer line and related appurtenances, and repairing, rehabilitating, replacing, and rechanneling sewer manholes throughout the City. The sewer line locations were selected by staff for a variety of reasons including being undersized, based on being in poor condition, having exceeded service life, and based on frequency of maintenance and high possibility of overflows. The Water Line Replacement Project involves replacing and improving approximately 4.7 miles of water mains and appurtenances throughout the City. The water line locations were selected by staff for a variety of reasons including being undersized, having exceeded service life, frequency of breaks, and/or upgrades needed for supply reliability and fire flow improvements.

ATTACHMENTS
CITY OF HAYWARD Printed on 2/15/2024Page 1 of 2
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File #:CONS 24-066
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 2/15/2024Page 2 of 2
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with BKF Engineers, Inc., for the FY 2024 Sewer and Water Line Replacement Projects, Project Nos. 07789 and 07072, in an Amount Not- to-Exceed $2,155,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with BKF Engineers, Inc., (BKF) in an amount not-to- exceed $2,155,000 for the FY 2024 Sewer and Water Line Replacement Projects.

SUMMARY

As part of the Council Adopted Strategic Roadmap to improve utilities infrastructure, the City aims to upgrade the sanitary sewer collection system by replacing an average of 2.5 miles of sewer and water pipelines annually. The goal is to improve the capacity and maintain the operability of the sewer collection and water distribution system, prevent sanitary sewer overflows, and provide adequate fire flows.

Page 2 of 6 ends

BACKGROUND

Sanitary Sewer Collection System
The City’s sanitary sewer collection system is comprised of approximately 325 miles of sewer mains and nine sewage lift stations. The collection system conveys the wastewater flow to the City’s Water Pollution Control Facility (WPCF), which treats an average of 11.3 million gallons per day of wastewater generated by the City's residents and businesses.

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

In June 2015, the City hired RMC Water and Environment (now Woodard & Curran) to prepare the City of Hayward Sewer Collection System Master Plan. The master plan recommended improvements to address capacity deficiencies in the existing collection system and future capacity requirements. Recommended improvements from the master plan are included in the Sewer Line Replacement Project.

Water Distribution System
The City’s water distribution system is comprised of approximately 375 miles of water distribution pipelines, sixteen water storage tanks, and seven pump stations delivering water to upper pressure zones. The City has approximately 37,500 service connections in various sectors such as residential, commercial, industrial, and institutional/governmental.

The City’s current CIP includes funding to replace the City’s water mains to improve supply reliability and fire flow through annual water line replacement projects. Approximately 67% of the pipelines within the City’s water distribution system consists of asbestos cement pipe and a majority of the existing pipelines are 6-inches in diameter.

In June 2014, the City hired West Yost Associates to prepare the City of Hayward Water System Master Plan. The master plan includes recommended projects to address capacity deficiencies in the existing water distribution system and satisfy future capacity requirements. The last remaining pipeline improvement recommendation will be installed by Summer 2024 upon completion of the current water line construction work.

DISCUSSION

The Sewer Line Replacement Project includes replacing approximately 29,700 linear feet of existing sanitary sewer vitrified clay pipe (VCP), asbestos cement pipe (ACP), and high-density polyethylene pipe (HDPE) ranging from 6-inches up to 27-inches in diameter. These segments were selected based on performance and maintenance data over the past several years.

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Recommended improvements to address capacity deficiencies from the 2015 Sewer Master Plan are also included.

The Water Line Replacement Project includes replacing approximately 24,700 linear feet of existing cast iron pipe (CIP), ductile iron pipe (DIP), and asbestos cement pipe (ACP) ranging from 6-inches to 12-inches in diameter. These segments were selected based on performance and maintenance data over the past several years.

On October 6, 2023, staff issued requests for proposals for the FY 2024 Sewer and Water Line Replacement Projects and notified select consulting firms with specialized experience and knowledge of sewer collection and water distribution systems of the project posting. On November 28, 2023, staff received proposals for both projects from BKF Engineers, HydroScience Engineers, Bellecci, and Wilsey Ham. Additionally, Harris and Associates submitted a single proposal for the sewer project only. The proposed fee for the sewer project performed as a separate project ranged from $1,153,346 to $1,454,339. The proposed fee for the water project ranged from $698,587 to $1,262,150. Combined, the base design costs for both projects ranged from $1,877,184 to $2,716,489. After reviewing the submitted proposals, staff recommends BKF for the projects based on their responsiveness to the proposal and schedule, extensive knowledge of pipeline replacement techniques, and experience of the proposed team in designing similar sewer and water line replacement projects. The firm has performed recent similar projects for numerous government agencies and special districts in the Bay Area.

Given the scope of work, staff has negotiated an amount of $1,921,335 for the basic engineering design services and $233,665 for additional services that the City may authorize, for a total not-to-exceed contract amount of $2,155,000 with BKF. The additional services budget is needed to address potential changes in the project design that may be needed based on actual field conditions, such as determining the appropriate construction method and further geotechnical investigation.

ECONOMIC IMPACT

Replacing the sewer mains, water mains, manholes, and appurtenances are part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. The project will reduce operations and maintenance costs associated with the need to frequently service undersized and structurally defective sewer mains, water mains, and structures. In addition, staff time attending to issues related to water main leaks and breaks, and sanitary sewer overflows will be reduced. The community will enjoy the benefits of the Project, including the continued operability and serviceability of the sewer collection and water distribution system.

Furthermore, robust and reliable water and sewer infrastructure can help foster economic development and viability in the City.

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FISCAL IMPACT

The FY 2024 through FY 2033 CIP includes funding for the projects described in the Sewer Replacement Fund (Fund 611) and Water Replacement Fund (Fund 603). Tables 1 and 2 show the projects as described in the approved CIP.

Table 1. Sewer Replacement Funding
Fund Project No. Description Budget
611 07780 Annual Line Replacements FY 2022 $4,400,000
611 07738 Annual Line Replacements FY 2023 $6,000,000
611 07789 Annual Line Replacements FY 2024 $6,000,000
Total $16,400,000

Table 2. Water Replacement Funding
Fund Project No. Description Budget
603 07200 Annual Line Replacements FY 2022 $3,500,000
603 07067 Annual Line Replacements FY 2023 $5,500,000
603 07072 Annual Line Replacements FY 2024 $5,500,000
603 07134 Cast Iron Water Pipeline Replacement – Local
Streets
$1,500,000
603 07146 12” CI Replacement from Sleepy Hollow to
Industrial on Hesperian
$2,046,000
Total $18,046,000

The breakdown for project costs is as follows:

Combined Project Cost
Engineering Services – Consultant $2,155,000
Design and Construction Management – City Staff (Estimated) $1,000,000 Sewer Project Construction Contract (Estimated) $17,000,000 Water Project Construction Contract (Estimated) $12,000,000 Inspection and Testing (Estimated) $1,200,000
Total $33,355,000

Staff recommends awarding both water and sewer improvement projects to a single consultant to leverage design and cost efficiencies. Design efficiencies can be achieved by producing a single California Environmental Quality Act (CEQA) document to cover both sewer and water improvements by using the same data when preparing the water and sewer improvements in overlapping areas. In addition, design efficiencies are realized in using specifications and design details that are common to both bid packages. BKF understands the efficiencies in working on both replacement projects and is offering a 12.8% reduction in fee if awarded both projects.

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The construction cost is only an estimate and assumes all project elements will be constructed. Note this will be confirmed during the design phase. Should the construction cost exceed the funds currently allocated in the CIP, staff will return to Council to request that additional funds be appropriated to cover the additional cost.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap, which includes Invest in Infrastructure as one of the strategic priorities. Specifically, this item relates to the implementation of the following projects:

N19: Replace an average of 2.5 miles of water pipelines annually.

N20: Replace an average of 2.5 miles of sewer pipelines annually.

SUSTAINABILITY FEATURES

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

Furthermore, the repair and replacement of deteriorating water lines reduces potable water and energy losses.

PUBLIC CONTACT

The project design includes the preparation of a draft Initial Study and/or Mitigated Negative Declaration (IS/MND) to assess environmental impacts caused by the construction work. The Draft IS/MND will circulate for a thirty-day public review period. In addition, a newspaper publication will be printed to inform the public about the availability of the IS/MND. Copies of the IS/MND will be made available for review online, posted at the Alameda County Clerk’s Office, as well as the State Clearing House for distribution. The City will review public comments upon conclusion of the thirty-day review period.

During construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule and City contact for additional information.

NEXT STEPS

If approved by Council, staff will finalize the Professional Services Agreement with BKF and issue a Notice to Proceed. Staff will return to Council for approval of the final design plans and specifications, and call for bids in June 2025.

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The following schedule has been developed for this project:

Council Approval February 20, 2024
Approval of Plans and Specifications and Call for Bids June 2025 Award of Construction Contract September 2025
Construction Completion October 2026

Prepared by: Sammy Lo, Senior Civil Engineer

Reviewed by: Suzan England, Utilities Engineering 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. 24-______

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH BKF ENGINEERS, INC., IN AN AMOUNT NOT-TO-EXCEED $ 2,155,000 FOR THE FY24 SEWER AND WATER

LINE REPLACEMENT PROJECTS

WHEREAS, the City of Hayward (City) owns and operates a sanitary sewer collection system that is comprised of approximately 325 miles of sewer mains and nine sewage lift stations; and

WHEREAS, the City also owns and operates a water distribution system that is comprised of approximately 375 miles of water distribution pipelines, sixteen water storage tanks, and seven pump stations delivering water to upper pressure zones; and

WHEREAS, as part of the Council Adopted Strategic Roadmap to improve utilities infrastructure, the City aims to upgrade the sanitary sewer collection system by replacing an average of 2.5 miles of sewer and water pipelines annually. The goal is to improve the capacity and maintain the operability of the sewer collection and water distribution system, prevent sanitary sewer overflows, and provide adequate fire flows; and

WHEREAS, on October 6, 2023, staff issued requests for proposals on OpenGov for the FY24 Sewer and Water Line Replacement Projects for replacing approximately 5.6 miles of sewer line and 4.7 miles of water mains, and notified select consulting firms with specialized experience and knowledge of sewer collection and water distribution systems of the project posting; and

WHEREAS, on November 28, 2023, staff received proposals from consulting firms for the combined design costs for the FY24 Sewer and Water Line Replacement Projects ranging from $1,877,184 to $2,716,489; and

WHEREAS, staff recommends BKF Engineers, Inc, for the project design based on their responsiveness to the proposal and schedule, extensive knowledge of pipeline replacement techniques, and experience of the proposed team in designing similar sewer and water line replacement projects.

ATTACHMENT II

Page 2 of 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, an agreement for professional services with BKF Engineers, Inc., for design and engineering services during construction for the FY24 Sewer and Water Line Replacement Projects in an amount not to exceed $2,155,000, in a form approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

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 #: PH 24-006
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Sale of Parcel Group 8 for Development of Affordable Housing: Adopt Two Resolutions 1) Approving the Government Code Section 52201 Summary Report for the Project; and Authorizing the City Manager to Execute the First Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. for Transfer of Specified City Owned Properties and for the Development of Housing and Making Specified Findings in Association with Government Code Section 65913.4 Exemption from the California Environmental Quality Act; and 2) Authorizing the City Manager to Execute an Agreement with the Developer Associated with the State of California Affordable Housing and Sustainable Communities (AHSC) Program

RECOMMENDATION
That the Council holds a public hearing and adopts the following:

1. A resolution (Attachment II) approving the Government Code Section 52201 Summary Report for the project (Attachment III) and authorizing the City Manager to execute the First Amendment to the Disposition Development and Loan Agreement (DDA) and related documents, with RCD GP IV, LLC and Parcel Group 8, L.P. (Developer) for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing, finding the project is consistent with prior California Environmental Quality Act (CEQA) determinations; and

2. A resolution (Attachment IV) authorizing the City Manager to execute an agreement with the Developer associated with the State of California Affordable Housing and Sustainable Communities (AHSC) Program.

SUMMARY
After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that future development of the State Route 238 parcels located in Hayward aligned with the City’s land use policies and overall vision, the City negotiated a Purchase and Sale Agreement (PSA) with Caltrans in 2016 to manage the disposition and development of former right of way for the now defunct 238 Bypass. The City-controlled State Route 238 properties are divided into ten “parcel groups.”
CITY OF HAYWARD Printed on 2/15/2024Page 1 of 2
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File #:PH 24-006
On September 15, 2020, the Council provided authorization for the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with Resources for Community Development (Developer), to develop an affordable housing project on the 2.36-acre Affordable Housing Segment, including new construction of affordable housing on the portion of the property within the City (City Portion) and exploration and identifying the development approach for existing naturally occurring affordable housing on the County Portion (see Attachment II for map). At the same time, Council also adopted a resolution memorializing that the provisions of affordable housing and an expansion of Carlos Bee Park will satisfy the affordable housing and park dedications for Parcel Group 8. Shortly thereafter, Caltrans authorized the subdivision of Parcel Group 8 to allow for the disposition of the affordable housing, park, and market segments during separate transactions.

After extensive community and tenant engagement, the Developer determined that their development approach was to rehabilitate the existing improvements on the County Portion, consisting of at least 11 units of naturally occurring affordable housing. Additionally, the Developer’s project was anticipated to include up to 96 new affordable housing units, along with approximately 3,900 square feet of commercial space on the ground floor on the City Portion.

The Developer submitted their entitlements application under Senate Bill 330/Senate Bill 35 and Density Bonus on March 30, 2022. The project was deemed consistent with the objective standards for the Commercial/High Density Residential General Plan land use designation and related Commercial and Neighborhood Commercial/Residential zoning districts and the project entitlements were approved through the streamlined ministerial review with a Density Bonus and related concessions and waivers.

On June 28, 2022, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement (DDA) and related documents, with the Developer for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing and found the project is consistent with prior California Environmental Quality Act (CEQA) determinations. Developer and City executed the DDA also dated June 28, 2022.

In 2023, the Developer requested that the City consider an amendment to the DDA: extending the required close of escrow date from December 31, 2024 to December 31, 2026 and revising the number and size of units in the development plan. Staff has negotiated an amendment to the DDA discussed further in this staff report.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution PG 8 Amendment Approval
Attachment III Resolution PG 8 DDLA AHSC Grant Funds
Attachment IV Updated Gov Code Section 52201 Summary Report CITY OF HAYWARD Printed on 2/15/2024Page 2 of 2
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: Assistant City Manager

SUBJECT: Sale of Parcel Group 8 for Development of Affordable Housing: Adopt Two Resolutions 1) Approving the Government Code Section 52201 Summary Report for the Project; and Authorizing the City Manager to Execute the First Amendment to the Disposition, Development, and Loan Agreement with RCD GP IV, LLC and Parcel Group 8, L.P. for Transfer of Specified City Owned Properties and for the Development of Housing and Making Specified Findings in Association with Government Code Section 65913.4 Exemption from the California Environmental Quality Act; and 2) Authorizing the City Manager to Execute an Agreement with the Developer Associated with the State of California Affordable Housing and Sustainable Communities (AHSC) Program

RECOMMENDATION

That the Council holds a public hearing and adopts the following:

SUMMARY

After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that future development of the State Route 238 parcels located in Hayward aligned with the City’s land use policies and overall vision, the City negotiated a Purchase and Sale Agreement (PSA) with Caltrans in 2016 to manage the disposition and development of former right of way for

Page 2 of 11 ends

the now defunct 238 Bypass. The City-controlled State Route 238 properties are divided into ten “parcel groups.”

On September 15, 2020, the Council provided authorization for the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with Resources for Community Development (Developer), to develop an affordable housing project on the 2.36- acre Affordable Housing Segment, including new construction of affordable housing on the portion of the property within the City (City Portion) and exploration and identifying the development approach for existing naturally occurring affordable housing on the County Portion (see Attachment II for map)1. At the same time, Council also adopted a resolution memorializing that the provisions of affordable housing and an expansion of Carlos Bee Park will satisfy the affordable housing and park dedications for Parcel Group 8. Shortly thereafter, Caltrans authorized the subdivision of Parcel Group 8 to allow for the disposition of the affordable housing, park, and market segments during separate transactions.

On June 28, 2022, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement (DDA) and related documents, with the Developer for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing and found the project is consistent with prior California Environmental Quality Act (CEQA) determinations.2 Developer and City executed the DDA also dated June 28, 2022.

In 2023, the Developer requested that the City consider an amendment to the DDA: extending the required close of escrow date from December 31, 2024 to December 31, 2026 and revising

1 City Council Meeting, September 15, 2020,
https://hayward.legistar.com/LegislationDetail.aspx?ID=4640100&GUID=2E5B6162 -784D-4B66-9E34- 7BA309B81501&Options=&Search=
2 City Council Meeting, June 28, 2022,
https://hayward.legistar.com/MeetingDetail.aspx?ID=979872&GUID=8E6D4562-8FCA-4F56-8C3D- AC9D1FACCE57&Options=info|&Search=

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the number and size of units in the development plan. Staff has negotiated an amendment to the DDA discussed further in this staff report.

BACKGROUND

The City of Hayward entered into a PSA with Caltrans in January 2016 to acquire 10 parcel groups comprised of properties acquired by Caltrans for the State Route 238 expansion project. Caltrans has transferred those properties to the City subject to the City managing the disposition and development of these former State Route 238 parcel groups with the goals of removing blight, enhancing community involvement in the development process, and creating economic and public benefits, such as job generating uses and trails and parks. As the City sells or transfers particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the PSA. The 10 parcel groups must be disposed of by 2027 and Table 1 provides the current status of these parcel groups.

TABLE 1: STATUS OF 238 PARCEL GROUPS
PARCEL
GROUP
STATUS ENTITY EST.

DISPOSITION

TIMELINE

ESTIMATED UNIT
COUNTS

AFFORDABLE

UNIT COUNT
1 & 10 Sold / Under
Construction
William Lyon Homes
(SOHAY)
August
2018
472 (approved) 48 (approved)
2 Sold / Under
Construction
The True Life
Companies (Mirza)
June 2020 189 (approved) 20 (approved)
3 Sold / Under
Construction
Eden Housing and The
Pacific Companies
December
2022
176 (approved) 176 (approved)
4 Master Development
Planning
City of Hayward 2024+ 3 0
5 Executed DDA Trumark Properties,
LLC
2024 92 18
6 Developer solicitation
in future
City of Hayward 2024+ 300 30
7 Lower lot – Sold and
operating
One Subaru of
Hayward
June 2020 0 0
7 Upper lot City of Hayward 2024+ 0 0
8 Affordable Housing:

Execution of DDA
pending approval
Open Space: Under
negotiations
Market Rate:

Developer solicitation
in future

AH: Resources for
Community
Development

OS: HARD

MR: City of Hayward
2024+

2024+

2024+
96 (approved)

100
96 (approved)
9 Developer solicitation
in future
City of Hayward 2024+ TBD TBD
TOTAL 1,428 3883

3 Staff estimates 27% of total Route 238 Corridor Lands Development residential units will be affordable.

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Between 2019-2022, City staff worked with the community to develop a vision and approach to the development for Parcel Group 8. This included outreach efforts with the Parcel Group 8 neighborhood, Castro Valley Municipal Advisory Council, the existing Bridge Court tenants, Eden Area Municipal Advisory Council, Grove Way Neighborhood Association, Eden Area Community Land Trust, Supervisor Miley’s Office, Alameda County Housing and Community Development Departments, Hayward Area Recreation and Park District, and the private and nonprofit development community. Based on this extensive community and stakeholder feedback, staff developed an approach to the development of Parcel Group 8 to subdivide Parcel Group 8 into three major segments and move forward with three distinct community and development processes as follows:

1. Affordable Housing Segment – Engage RCD, a nonprofit developer, to build much-needed affordable housing on the Bridge Court/Grove Way properties that minimizes displacement of existing residential tenants.

2. Open Space Segment – Facilitate an open space dedication to HARD for expansion of Carlos Bee Park.

3. Market Rate Middle Segment – Solicit private developer interest in a lower density market rate housing and trail expansion project consistent with the County Housing Element in order to address neighborhood traffic concerns and satisfy the Caltrans purchase price.

Caltrans agreed to authorize the separate and independent subdivision and development of the three distinct segments described above and, on September 15, 2020, the City Council memorialized that the proposed affordable housing development and open space dedication for Parcel Group 8 satisfies the City’s park dedication and affordable housing obligations for any new housing proposed on the Market Rate Middle Segment.

The Developer’s mission is to create and preserve affordable housing for people with the fewest options, build community, and enrich lives. For 40 years, the Developer has grown from a small Berkeley-based special needs housing developer to owning and operating 64 developments through the Bay Area that provide affordable homes to 5,353 people. The Developer also works closely in partnership with the John Stewart Company, who provides experienced property management, a key to the success of affordable housing. The Developer builds energy-efficient and green buildings, outdoor areas, community rooms, community gardens, and services and property management offices that add greatly to the quality of housing. These amenities include space for a variety of resident services programs, such as community building social activities, educational workshops, and individual case coordination to help residents gain skills and access services at no additional cost.

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project entitlements were approved through the streamlined ministerial review with a Density Bonus and related concessions and waivers.

On June 28, 2022, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement (DDA) and related documents, with Developer for the transfer of specified properties and for the development of new affordable housing and rehabilitation of units for affordable housing and found the project is consistent with prior California Environmental Quality Act (CEQA) determinations. The DDA was executed by the City Manager.

DISCUSSION

Since the execution of the DDA, staff and the Developer have been working collaboratively to prepare the site for development and secure financing for the project. Key activities have included:

 Evaluating competitiveness for various state funding

 Performed environmental testing

 Obtaining a grant for removal of equipment associated with a former gas station on the property. Work is expected to begin by next month.

 Monitoring market conditions.

Due to increase in interest rates, construction costs, and competitiveness for affordable housing financing, the Developer approached the City to discuss an amendment to the DDA to address its anticipated funding gap. The proposed amendment will likely improve competitiveness for funding and allow the Developer two additional tax credit funding cycles to secure all funding for the project.

A. Proposed First Amendment to the DDA

The following section summarizes the key terms of the DDA; housing element compliance and progress reports; the findings from the 52200.2 analysis regarding Creation of Economic Opportunity/Common Benefit; and updated major findings of the Government Code Section 52201 Summary Report required for the sale of the property.

City staff recommends that the Council authorize the City Manager to execute DDA Amendment 1 with the Developer with the following key modified terms:

 Project Unit Count City Parcel

Original DDA – required 96 unit project including the development of 42 very low- income units and 53 low-income units with 46 studios, 19 one-bedroom units, 23 two-

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bedroom units, and 8 three-bedrooms units; approximately 3,900 square feet of commercial uses along Foothill Boulevard.

Amendment 1 – Reduces the unit count to 82 units but increases the unit size. Under the current proposal, the number of studios would be reduced substantially, and the unit size mix will be more equally distributed. This change in design will serve more people, provide more housing for larger families, and improve competitiveness for State funding.

 Project Unit Count-County Parcel (existing housing)

Original DDA – Required the rehabilitation of 11 naturally occurring affordable housing units on the County Parcel. While all tenants received relocation benefits under state and federal law in 2010 or 2011, the Developer was required to minimize displacement impacts on eight households that occupied the property by assisting tenants with relocation.

Amendment 1 – Since the execution of the DDA, one tenant household has moved from the property. The amendment acknowledges that the Developer’s obligation would be to rehabilitate the numbers of units occupied at the time of property transfer, but in any event the mixed use residential and commercial building that fronts Grove Street.

Currently, there are seven occupied units. There is no change to the commitments to existing tenants currently living on the property.

 Land Transfer

Original DDA – Required transfer of the land by December 31, 2024.

Amendment 1 – proposes to extend the deadline until December 31, 2026. This extension would provide the developer an opportunity to pursue various state funding sources and compete at least two times for each depending on whether applications are accepted once or twice annually.

 Financial Assistance

Original DDA - The City committed up to $2M from its Inclusionary Housing Fund as a loan to assist with project financing. The loan funds would support acquisition, predevelopment, and construction costs. The loan accrues three percent simple interest annually, payments are made through surplus cashflow, and is due and payable in 57 years. The predevelopment funds were capped at $750,000.

Amendment 1 – The proposal increases the predevelopment funds cap of $750,000 to $1.25M. Predevelopment costs have increased as the developer redesigns the project to be more competitive in the next application funding cycles. This change would support the Developer’s continued investment in the project.

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B. Housing Element Compliance

The proposed Project will add a total of 82 affordable housing units to the City’s housing stock, which would help the City to meet approximately 5% of the RHNA goal for lower- income households. Additionally, the project helps the City meet the following goals established in the City’s Housing Element:

 Assist in the development of housing affordable to low- and moderate-income households; and
 Promote equal housing opportunities for all persons.

C. 52200.2 Analysis - Creation of Economic Opportunity/Common Benefit

The actions contemplated under the DDA as amended will create economic opportunity in the Hayward community. Section 52200.2 of the California Government Code defines “economic opportunity” as any of the following:

(a) Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that create, retain, or expand new jobs, in which the legislative body finds that the agreement will create or retain at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of city, county, or city and county investment in the project after full capacity and implementation;

(b) Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that increase property tax revenues to all property tax collecting entities in which the legislative body finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity;

(c) Creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment;

(d) Projects that meet the goals set forth in Chapter 728 of the Statutes of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans; and

(e) Transit priority projects, as defined in Section 21155 of the Public Resources Code.

Under the DDA as amended, the City is providing a $2M loan from the Inclusionary Housing Fund as financial assistance to the Developer. The City has identified the following benefits that will be generated through the implementation of the DDA as amended and that will create economic opportunity as defined in Government Code Section 52200.2.

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Creation of Affordable Housing
The creation of affordable housing to meet demonstrated affordable housing needs identified in the Housing Element of the City’s General Plan constitutes an economic opportunity. The proposed project will be subject to the requirements of the City's Inclusionary Housing Ordinance and has also applied for additional density under the State Density Bonus Law, and will thus increase, improve, or preserve the supply of quality affordable housing in the community. The Affordable Development will create a total of 82 newly constructed affordable units and additional rehabilitated affordable units (including one unrestricted manager’s unit).

Creation of New Jobs
Under Section 52200.2(a), economic opportunity is achieved if an agreement results in the creation, retention, or expansion of new jobs, at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of City investment in the project. The sale of the Property under the DDA will result in job creation as a result of the anticipated construction of the Affordable Housing Development. During the construction of the Proposed Project, it is anticipated approximately 136 full-time equivalent (FTE) temporary construction jobs will be generated. Upon completion and full implementation, the Proposed Project is also anticipated to generate an estimated 33 permanent jobs.

Public Purpose/Common Benefit
The transfer of the property and construction of the Proposed Project will further the public purpose of economic development by creating jobs and affordable housing and contribute to the vibrancy in an area of the City that has suffered from historic underdevelopment as a result of the proposed and now defunct SR 238 freeway project.

D. Government Code 52201 Summary Report

Government Code Section 52201 authorizes the City to sell or lease property to which it holds title for the purpose of creating economic opportunity. The City must first secure approval of the proposed sale from the City Council after a public hearing. A copy of the proposed First Amendment to the Disposition and Development Agreement and an updated 52201 summary report that describes and contains specific financing elements of the proposed transaction as contemplated in the DDA and proposed amendment has been made available for public inspection prior to the public hearing. Staff prepared the Government Code Section 52201 Summary Report in compliance with the code (the “Section 52201 Summary Report”). The Section 52201 Summary Report is attached to this report as Attachment IV and is incorporated herein by this reference.

The Section 52201 Summary Report contains the following information:
 The cost to the City of the DDA as amended, including land acquisition costs, clearance costs, relocation costs, and the costs of any improvements to be provided by the City, plus the expected interest on any loans of bonds to finance the agreement;

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 The estimate value of the interest to be conveyed, determined at the highest and best use permitted under the general plan and zoning;
 The estimated value of the interest to be conveyed in accordance with the uses, conditions and covenants, and development costs required under the proposed PSA, i.e., the fair reuse value of the property;
 An explanation of why the sale of the property will assist in the creation of economic opportunity; and
 If the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the general plan and zoning, then the City must provide as part of the summary an explanation of the reasons for the difference.

The conclusion of the Section 52201 Summary Report reflects that the estimated total cost to the City is projected to be higher than the purchase price received from the Developer.

However, the DDA as amended and Regulatory Agreement impose extraordinary controls on the housing sites. The impacts created by these requirements reduce the value of the housing sites to a negative fair reuse value.

E. City Manager authorization to execute an agreement with Developer regarding the State of California Affordable Housing and Sustainable Communities (AHSC) Program

The Developer anticipates submitting an application for AHSC fundings in a future funding cycle. The AHSC program funds Projects that implement land-use, housing, transportation, and agricultural land preservation practices that reduce greenhouse gas (GHG) emissions. A component of the grant application would fund infrastructure in the public right of way adjacent to the site (e.g. sidewalks). This will require a separate agreement between the City and the Developer.

Environmental Review

Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") and its implementing guidelines, the approval of the DDA as amended and construction of the City Housing Improvements and rehabilitation of the County Housing Improvements is eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and is therefore exempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects.

ECONOMIC IMPACT

The proposed development would have a positive economic benefit in that it would result in development of a currently vacant site with new residential units and rehabilitate existing units that require infrastructure investment, and this would beautify the site and increase surrounding property values. The proposed development is expected to provide 89 new

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affordable housing units. Development of the project is also expected to generate temporary construction jobs and an estimated 33 permanent jobs.

Developers will leverage the City’s investment in their project to secure funding from the County, the State, and private sources. The project will leverage approximately $84 million dollars.

Additionally, social research indicates that access to affordable housing can improve education outcomes, increase health and wellbeing, boost economic activity, and lower the costs for state and local governments to provide emergency housing, mental health crisis services, emergency medical care, and other services to assist the homeless or families and individuals with a housing crisis. The rent for affordable housing is relative to income levels versus market prices which reduces rent burden. This increases available income to pay for other basic needs or save for other financial goals such as furthering education or homeownership. Stabilizing housing costs can be the first step to creating opportunities for personal economic advancement.

FISCAL IMPACT

The sale of the Affordable Housing Segment will hel p satisfy the affordable housing requirements for the future Market Rate Segment, enhancing the future purchase price of the Market Rate Segment. The future sales proceeds for the Market Rate Segment will be utilized by the City to repay Caltrans as required under the PSA and any excess to sales proceeds will be retained by the City.

While no property taxes are currently being paid on this Parcel Group, the proposed approach to development is expected to result in new market rate development on the Market Rate Middle Segment, which will generate new property tax revenue to the City. If the Affordable Housing Segment is developed and managed by Developer, it will generate little property tax revenue since an affordable housing development owned by a nonprofit organization is eligible for a welfare exemption which reduces its tax obligation. That said, the proposed project would provide an opportunity for new residential development needed to address the goals of the City’s and County’s Housing Elements. If HARD takes ownership of the Open Space Segment, it will not generate property tax revenue, but will create important public open space and trails for the neighborhood and Hayward community.

There is no additional fiscal impact related to the $2 million loan from the City Inclusionary Housing Fund. Funding for this project was approved by City Council on May 4, 2021 and the funds have already been encumbered.

STRATEGIC ROADMAP

The proposed project supports the Strategic Priorities of Preserve, Protect, and Preserve Housing for All, as well as of Grow the Economy, and specifically, relates to the implementation of the following project:

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Project E13: Continue to work on Route 238 Corridor lands disposition and development.

NEXT STEPS

Following Council approval, staff will take the necessary steps to execute Amendment 1 to the DDLA and convey the property to the Developer in accordance with the DDLA.

Prepared by: Nicole Gonzales, Finance Director
Christina Morales, Housing Manager

Recommended by: Dustin Claussen, Assistant City Manager

Approved by:

____________________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24 –_____
Introduced by Council Member______________

RESOLUTION APPROVING AN UPDATED GOVERNMENT CODE SECT ION 52201 SUMMARY REPORT FOR THE PROJECT; AU THORIZING THE CITY

MANAGER TO NEGOTIATE AND EXECUTE THE FIRST AMENDMENT TO THE

DISPOSITION DEVELOPMENT AND LOAN AGREEMENT WITH RCD GP IV, LLC AND PARCEL GROUP 8, L.P. FOR TRANSFER OF SPE CIFIED CITY OWNED

PROPERTIES AND FOR T HE DEVELOPMENT OF HOUSING AND MAKING

SPECIFIED FINDINGS IN ASSOCIAT ION WITH A GOVERNMENT CODE SECTION 65913.4 EXEM PTION FROM THE CALIFORNIA ENVIRONME NTAL

QUALITY ACT

WHEREAS, the City of Hayward entered into a Purchase and Sale Agreement (PSA) with Caltrans in January 2016 to acquire 10 parcel groups comprised of properties acquired by Caltrans for the State Route 238 expansion project; and WHEREAS, Caltrans granted the properties to the City in trust pursuant to State Route 238 Local Alternative Transportation Improvement Program (Government Code Sections 14528.6 and 14528.65); and
WHEREAS, Caltrans has transferred those properties to the City subject to the City managing the disposition and development of these former State Route 238 parcel groups with the goals of removing blight, enhancing community involvement in the development process, and creating economic and public benefits, such as job generating uses and trails and parks; and
WHEREAS, a s the City sells or transfers particular parcels, the City is obligated to repay Caltrans the negotiated purchase prices for the various parcel groups under the PSA ; and
WHEREAS, under Government Code Section 54221(f)(1)(A) "exempt surplus land" is defined to include surplus land that is transferred pursuant to Government Code Section 37364; and
WHEREAS, under Government Code Section 37364, whenever a City determines that its property can be used for the provision of affordable housing to families of low or moderate income as defined in Health & Safety Code Section 50093, and that the use is in the City's best interest, the City may sell or otherwise convey the property under whatever terms and conditions it deems appropriate as long as at least 80% of the area of the property being

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disposed is used for the development of housing, and that at least 40% of the total housing units are restricted to low and very low incomes as specified under Government Code Section 37364(c-d); and
WHEREAS, at least 80% of the developable area of geographically clustered Parcel Group 8 will be used for the generation of housing, and at least 40% of the residential units will be affordable as specified under Government Code Section 37364(c-d); and WHEREAS, th e production and rehabilitation of affordable housing in a comprehensive manner over Parcel Group 8 housing properties is in the best interest of the City as it allows the housing to be built in an expedient manner with project components that are nearly s hovel ready and as it avoids detrimental impacts often associated with the concentration of poverty and provides the greatest economic, social, and education opportunities to all residents of Hayward regardless of income; and WHEREAS, on February 8, 2022, the Council declared the Parcel Group 8 properties "exempt surplus land" because the land will be transferred to provide affordable housing pursuant to Government Code Section 37364, as the sale of these parcels for the generation of housing is in the City's best interest as set forth in adopted Resolution 22-037; and WHEREAS, on March 1, 2022, the State of California Housing and Community Development Department sent a letter to the City finding that Parcel Group 8 properties qualify as "exempt surplus land" under Government Code section 54221 (f)(1), consistent with the City's adopted resolution 22-037; and
WHEREAS, on September 15, 2019 , the Council authorized the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with the proposed Resources for Community Development (RCD) , the developer's predecessor in interest; and
WHEREAS, after significant due diligence and site planning efforts, RCD successfully completed the obligations under the ENRA and on June 28, 2022, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement for the development of a portion of the Parcel Group 8 parcels (the “Property”). RCD GP IV, LLC, a California limited liability company (the "Company") and Parcel Group 8, L.P., a California limited partnership (the "Partnership") (collectively, the “Developer”) and the City entered into a Disposition, Development and Loan Agreement (the “Original DDA”); and WHEREAS, the Original DDA contemplated the City would convey the Property to the Company to enable the Partnership to: (1) acquire a leasehold interest in 1.54 acres of property which are located within the City of Hayward and is vacant land (the "City Housing Parcels"); (2) acquire a fee interest in approximately 0.82 acres which are located within unincorporated Alameda County, which contain existing improvements (the "County Housing Parcel"); (3) develop up to 96 units of multifamily rental affordable housing on the City Housing Parcels; and (4) rehabilitate the eleven (11) units of naturally occurring

ATTACHMENT II

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affordable housing located on the County Housing Parcel that will be available for occupancy by very low income households at an affordable rent; and WHEREAS, in connection with the approval of the Original DDA, the City prepared a summary report called for under Government Code Section 52201 (the “ Original Section 52201 Summary Report”), made the Original Section 52201 Summary Report available for public inspection and copying in compliance with Government Code Section 52201; and WHEREAS, on June 28, 2022, City Council conducted a duly noticed public hearing on the Original DDA and the Original 52201 Summary Report pursuant to Government Code Section 52201, for the purpose of receiving the input and comments of the public on the Original DDA and the Original 52201 Summary Report and determined that the sale of the Property pursuant to the Original DDA would create economic opportunity, create affordable housing and job creation and furth the public purpose of economic development in the City; WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") and its implementing guidelines, the approval of the Original DDA and construction of the improvements contemplated by the Original DDA was eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and was therefore exempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects; WHEREAS, as further outlined in the Staff Report accompanying this Resolution and incorporated into this Resolution by this reference (the “Staff Report”), in 2023, the Developer requested revisions to the Original DDA to provide for the following: (1) update the schedule to cause Developer to acquire and financing the property by not la ter than December 31, 2026; (2) adjust the portion of City Loan funds allocated to predevelopment costs; (3) allow for increased flexibility in applying for funding sources due to the competitive nature of such sources ; (4) allow for modifications to the r esidential unit mix and affordability levels to facilitate feasibility and success in financing applications; (5) cause the Partnership to construct and operate eighty-two (82) affordable residential units (including one manager’s unit) and ancillary improvements, on the City Housing Parcels the “City Housing Improvements”; (6) cause the Partnership to rehabilitate the building with both residential units and the commercial space, that fronts Grove Street and is located on the County Housing Parcel and depicted on the site plan attached as Schedule 1 (the “Grove Mixed Use Building”) and, (7) cause the Partnership to rehabilitate or develop other units and ancillary improvements on the County Housing Parcel (which, together with the Grove Mixed Use Building a re the “County Housing Improvements”). At a minimum the County Housing Improvements will include rehabilitated residential units totaling the number of occupied units on the County Housing Parcel as of the Close of Escrow.

WHEREAS, if approved, the City a nd Developer will enter into the First Amendment to Disposition Development and Loan Agreement reflecting the above terms (the “First Amendment”).

ATTACHMENT II

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WHEREAS, in connection with the First Amendment, the City has placed on file a n updated copy of the summary report called for under Government Code Section 52201 (the “Updated Section 52201 Summary Report”), and has made the Updated Section 52201 Summary Report available for public inspection and copying in compliance with Government Code Section 52201; and
WHEREAS, the transfers contemplated under the Original DDA, as amended by the First Amendment (collectively, the “DDA”) , will further the public purpose of economic development creating jobs, and securing a site for future development of affordable housing in an area that has suffered from historic under development as a result of the proposed and now defunct freeway project, all of which serve the common benefit; and WHEREAS, as further outlined in the Staff Report, the City has determined that the sale of the Parcel Group 8 housing site properties pursuant to the DDA as amended by the First Amendment will create economic opportunity and: (1) result in the development of 82 units of multifamily rental affordable housing on the City Housing Parcels; (2) res ult in the rehabilitation of certain naturally occurring affordable housing located on the County Housing Parcel; (3) result in job creation as a result of the anticipated construction of the new development, including approximately 89 full-time equivalent (FTE) temporary construction jobs, and an estimated 33 FTE permanent jobs with limited investment form the City; and (3) result in the public purpose of economic development by creating jobs, housing, and contribute to the vibrancy in an area of the City that has suffered from historic underdevelopment as a result of the proposed and now defunct SR 238 freeway project; and WHEREAS, as further outlined in the Staff Report and the Updated Section 52201 Summary Report, the City is providing the Partnership w ith a $2,000,000 loan and is transferring the property for $0, the fair re -use determination based on estimated value of the interest to be conveyed in accordance with the uses, conditions and covenants, and development costs required under the proposed DD A that result in no residual land value; and
WHEREAS, the City Council conducted a duly noticed public hearing on the DDA and the Updated 52201 Summary Report pursuant to Government Code Section 52201, for the purpose of receiving the input and comments of the public on the DDA as amended by the First Amendment and the Updated 52201 Summary Report; and WHEREAS, pursuant to the California En vironmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") and its implementing guidelines, the approval of the DDA and construction of the City Housing Improvements and rehabilitation of the County Housing Improvements is eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and are therefore exempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects;

ATTACHMENT II

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NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the above recitals are true and correct and have served, together with the Updated Section 52201 Summary Report and the Staff Report, as the basis for the findings and approvals set forth below.

BE IT FURTHER RESOLVED, pursuant to Government Code Section 52200.2 and Government Code Section 52201(b), the City Council hereby finds that the sale of the Parcel Group 8 housing site properties pursuant to the DDA will create economic opportunity and result in(1) result in the development of 82 newly constructed units of multifamily rental affordable housing on the City Housing Parcels ; (2) result in the rehabilitation of naturally occurring affordable housing located on the County Housing Parcel; (3) result in job creation as a result of the anticipated construction of the new development, including approximately 89 full-time equivalent (FTE) temporary construction jobs, and an estimated 33 FTE permanent jobs with limited investment form the City; and (3) result in the public purpose of economic development by creating jobs, housing, and contribute to the vibrancy in an area of the City that has suffered from historic underdevelopment as a result of the proposed and now defunct SR 238 freeway project. This finding is based on the facts and analysis set forth in the Staff Report and the Updated Section 52201 Summary Report accompanying this Resolution.

BE IT FURTHER RESOLVED, pursuant to Government Code Section 52201, the City Council hereby finds that the consideration to be paid under the DDA is not less than the fair re-use value based on estimated value of the interest to be conveyed in accordance with the uses, conditions and covenants, and development costs required under the proposed DDA .

This finding is based on the facts and analysis set forth in the Staff Report and the Updated Section 52201 Summary accompanying this Resolution.

BE IT FURTHER RESOLVED, pursuant to Government Code Section 52201, the City Council hereby approves the Updated Section 52201 Summary Report, in substantially the form on file with the City Clerk, and approved execution by the City Manager or her designee of the DDA and all ancillary documents in a form to be approved by the City Attorney and consistent with the terms and conditions identified in the accompanying Staff Report.

BE IT FUR THER RESOLVED, pursuant to Government Code Section 37350, the City Council hereby finds that the disposition of the properties pursuant to the DDA is for the common benefit.

BE IT FURTHER RESOLVED, the City finds and determines that the disposition and development of the Parcel Group 8 properties pursuant to the DDA is eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and therefore exempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects.

BE IT FURTHER RESOLVED that the City Manager or designee is directed to cause a notice of exemption to be f iled with the Alameda County clerk, pursuant to the CEQA Guidelines, following adoption of this Resolution.

ATTACHMENT II

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BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager or designee to execute the First Amendment, and all ancillary documents attached thereto, on behalf of the City in substantial conformance to the terms outlined in the staff report, subject to such nonsubstantive or minor modifications or amendments as may be necessary to complete the transactions contemplated hereby, and subj ect further to the City Attorney's approval as to form.

BE IT FURTHER RESOLVED, that the City Manager or designee shall execute such other instruments, and take any and all other action, as may be reasonbly necessary to complete the disposition and acquis ition of the SR 238 Parcel Group 8 properties, and to close escrow on, as contemplated in the DDA.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other material which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the office of the City Clerk, at 777 B Street, Fourth Floor, Hayward, CA 94541.

BE IT FURTHER RESOLVED that this Resolution shall take immediate effect from and after its passage.

IN COUNCIL, HAYWARD, CALIFORNIA_________________, 2024
ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR
NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS

ATTEST:_____________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24 –______
Introduced by Council Member______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIAT E AND

EXECUTE A NON -APPLICANT AGRE EMENT WITH RESOURCES FOR

COMMUNITY DEVELOPMEN T OR ITS AFFILIATES IN CONNECTION WITH

THE CALIFORNIA AFFOR DABLE HOUSING SUSTAN ABILE COMMUNITIES

NOTICE OF FUNDING AV AILAIBILTY AND THAT CERTAIN DISPOSITION

DEVELOPMENT AND LOAN AGREEMENT, AS AMENDED, BETWEEN RCD GP IV LLC AND PARCEL GROUP 8, L.P. AND MAKING SPECIFIED FINDINGS IN ASSOCIATION WITH A GOVERNMENT CODE SE CTION 65913.4 EXEMPT ION

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

ATTACHMENT III

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disposed is used for the development of housing, and that at least 40% of the total housing units are restricted to low and very low incomes as specified under Government Code Section 37364(c-d); and
WHEREAS, at least 80% of the developable area of geographically clustered Parcel Group 8 will be used for the generation of housing, and at least 40% of the residential units will be affordable as specified under Government Code Section 37364(c-d); and WHEREAS, th e production and rehabilitation of affordable housing in a comprehensive manner over Parcel Group 8 housing properties is in the best interest of the City as it allows the housing to be built in an expedient manner with project components that are nearly s hovel ready and as it avoids detrimental impacts often associated with the concentration of poverty and provides the greatest economic, social, and education opportunities to all residents of Hayward regardless of income; and WHEREAS, on February 8, 2022, the Council declared the Parcel Group 8 properties "exempt surplus land" because the land will be transferred to provide affordable housing pursuant to Government Code Section 37364, as the sale of these parcels for the generation of housing is in the City's best interest as set forth in adopted Resolution 22-037; and WHEREAS, on March 1, 2022, the State of California Housing and Community Development Department sent a letter to the City finding that Parcel Group 8 properties qualify as "exempt surplus land" under Government Code section 54221 (f)(1), consistent with the City's adopted resolution 22-037; and
WHEREAS, on September 15, 2019 , the Council authorized the City Manager to negotiate and enter into an Exclusive Negotiating Rights Agreement (ENRA) with the proposed Resources for Community Development (RCD) , the developer's predecessor in interest; and
WHEREAS, after significant due diligence and site planning efforts, RCD successfully completed the obligations under the ENRA and on June 28, 2022, the City Council authorized the City Manager to negotiate and execute a Disposition Development and Loan Agreement for the development of a portion of the Parcel Group 8 parcels (the “Property”). RCD GP IV, LLC, a California limited liability company (the "Company") and Parcel Group 8, L.P., a California limited partnership (the "Partnership") (collectively, the “Developer”) and the City entered into a Disposition, Development and Loan Agreement (the “Original DDA”); and WHEREAS, the City Council approved an amendment to the Original DDA on the same date as this Resolution (as amended, the “DDA”);
WHEREAS, the DDA contemplates the City will convey the Property to the Company to enable the Partnership to: (1) acquire a leasehold interest in 1.54 acres of property which are located within the City of Hayward and is vacant land (the "City Housing Parcels") ; (2) acquire a fee interest in approximately 0.82 acres which are located within unincorporated Alameda County, which contain existing improvements (the "County Housing Parcel") ; (3)

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develop 82 units of multifamily rental affordable housing on the City Housing Parcels (the “City Parcel Improvements”; and (4) rehabilitate existing improvements and develop other improvements on the County Housing Parcels (the “County Parcel Improvements); WHEREAS, in order to finance the development of the City Parcel Improvements and the County Parcel Improvements, the sponsor of the Company and Partnership, Resources for Community Development (“RCD”) is applying for Affordable Housing Sustainable Communities (the “AHSC”) funding from the California Department of Housing and Community Development (“HCD”) through HCD’s Round 9 Notice of Availability of Funding for AHSC funds, dated December 12, 2023 (the “NOFA”);
WHEREAS, in addition to financing the City Parcel Improvements and the County Parcel Improvements, the AHSC funds can be utilized for financing transportation improvements and amenities constructed by public agencies and the development of such improvement s and amenities will make RCD’s application for AHSC funding meet certain application thresholds and increase its competitiveness;
WHEREAS, the City desires to cooperate in RCD’s AHSC application and enter into a non- applicant cooperation agreement with RCD (the “AHSC Agreement”), where the City will be able to provide its experience for certain transportation improvements and amenities, including a sidewalk and other public right of way improvements, in exchange for approximately $1-$2 Million in grant funding that will finance such improvements and/or amenities (“AHSC Grant Funds”);
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) ("CEQA") and its implementing guidelines, the approval of the DDA and construction of the City Housing Improvements and rehabilitation of the County Housing Improvements is eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and are therefore exempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects;
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the above recitals are true and correct and have served, as the basis for the approvals set forth below.

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to negotiate and execute the AHSC Agreement in order to access and utilize the AHSC Grant Funds and to facilitate the use of other AHSC funding for the City Parcel Improvements and the County Parcel Improvements;
BE IT FURTHER RESOLVED , the City finds and determines that the disposition and development of the Parcel Group 8 properties pursuant to the DDA is eligible for streamlined, ministerial approval pursuant to Government Code Section 65913.4, and therefore exempt from review pursuant to Public Resources Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects.

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BE IT FURTHER RESOLVED that the City Manager or designee is directed to cause a notice of exemption to be filed with the Alameda County clerk, pursuant to the CEQA Guidelines, following adoption of this Resolution.

BE IT FURTHER RESOLVED, that the City Man ager or designee shall execute such other instruments, and take any and all other action, as may be reasonbly necessary to access and utilize the AHSC grant funds.

BE IT FURTHER RESOLVED that this Resolution shall take immediate effect from and after its passage.

IN COUNCIL, HAYWARD, CALIFORNIA_________________, 2024
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

163\48\3686521.3 1
SUMMARY REPORT PURSUANT TO GOVERNMENT CODE SECTION 52201

ON THE PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE
CITY OF HAYWARD, RCD GP IV, LLC, AND PARCEL GROUP 8 L.P.

I. Introduction.

This updated 52201 Summary Report is prepared by the City of Haywar d (the "City”).

This updated report (the "Summary Report") is prepared pursuant to Section 52201 of the Government Code and updates the 52201 Summary Report approved by the City Council on June 28, 2022, in connection with the Disposition Development and Loan Agreement ("Original DDA") by and between the City, RCD GP IV, LLC, a California limited lability company (the "Company") and Parcel Group 8, L.P., a California limited partnership (the "Partnership"), for the sale of 2.36 acres of real property, 1.54 acres of which are located within the City of Hayward (the " City Housing Parcels ") and 0.82 acres of which are located within unincorporated Alameda County (the "County Housing Parcels") generally located at Grove Way and Foothill Boulevard (collectively, the "Affordable Housing Site " or "Property") . As contemplated in the Original DDA, the City intends to convey to the Company, and the Company will subsequently transfer fee title to the County Housing Parcels and a leasehold title to the City Housing Parcels to the Partnership.

Government Code Section 52201, authorizes the City, to sell or lease property to which it holds title for the purpose of creating economic opportunity . T he City must first secure approval of the proposed sale from the City Council after a public hearing. The City is amending the Original DDA and desires to update the previous ly approved 52201 report.

A copy of the proposed First Amendment to Disposition Development and Loan Agreement (the “First Amendment”) between the City, Compan y, and Partnership, is on file with the City Clerk and is available for public inspection. This updated summary report is also being made available to describe the specific financing elements of the proposed transaction, as set forth in the Original DDA as amended by the proposed First Amendment (the “DDA”) and has been made available for public inspection prior to the public hearing. As contained in the Code, the following information is included in the summary report:

 The cost of the DDA to the City, including land acquisition costs, clearance costs, relocation costs, and the costs of any improvements to be provided by the City, plus the expected interest on any loans or bonds to finance the agreement;

 The estimated value of the interest to be conveyed, determined at the highest and best use permitted under the general plan and zoning;

 The estimated value of the interest to be conveyed in accordance with the uses, conditions and covenants, and development costs required under the proposed DDA, i.e., the fair reuse value of the property;

163\48\3686521.3 2
 An explanation of why the sale of the property will assist in the creation of economic opportunity;

 If the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the general plan and zoning, then the City must provide as part of the summary an explanation of the reasons for the difference.

In addition to the authority granted to it under Government Code Section 52201, the City is also acting pursuant to authority granted to it under Government Code Section 37350, which provides that a city may purchase, lease, receive, hold, and enjoy real and personal property and control and dispose of it for the common benefit.

II. Summary of Proposed Agreement.

Under the DDA, the City will convey the Affordable Housing Site to the Company, the Company will subsequently transfer fee title to the County Housing Parcels and a leasehold title to the City Housing Parcels to enable the Partnership to: (1) develop 82 units of multifamily rental affordable housing on the City Housing Parcels (the "City Housing Improvements"); and (2) rehabilitate naturally occurring affordable housing located on the County Housing Parcels (the "County Housing Improvements", and collectively with the City Housing Improvements, the "Improvements")(the "Proposed Project").

The salient aspects of the proposed DDA are summarized as follows:

 The City commits to transfer the Affordable Housing Site to the Company to facilitate the transfer to the Partnership and the construction of the Proposed Project.

 The City will convey the Affordable Housing Site to the Company in fee in its "as-is" condition.

 The Company will pay the City $0 for the Affordable Housing Site .

 The Company the subsequently transfer fee title to the County Housing Parcels and a leasehold title to the City Housing Parcels to the Partnership.

 The Partnership will construct the City Housing Improvements and rehabilitate the County Housing Improvements.

 The City is providing $2,000,000, consisting of the City's Inclusionary Housing Fee proceeds to assist the Partnership. Under the DDA, the City has the sole discretion to increase the City Loan by an amount of up to Two Million Six Hundred Forty-Five Thousand One Hundred Sixty-One Dollars ($2,645,161)

163\48\3686521.3 3
consisting of Local Housing Trust Fund funds if such funds are allocated to the City from the State Department of Housing and Community Development.

 The City Loan will have a term of 57 years and will bear simple annual interest rate of 3.0%.

 Repayment of the City will be from residual receipts calculated as the project's annual cash flow after payment of debt services and operating expenses approved by the City.

 The Proposed Project will be subject to and must comply with the requirements of the City's Inclusionary Housing Ordinance.

 The Company and the Partnership have agreed to record a Regulatory Agreement under which the Partnership will restrict 82 units of the Development (except the Manager's Units) which will be available for occupancy by and affordable to low and very low income households for at least 55 years. The Partnership has also agreed to restrict the rehabilitated units on the County Housing Parcels to very low and low income households (the "Additional Restricted Units") as part of the County Housing Improvements.

 The Partnership must comply with all government entities’ regulatory and administrative processes related to the land use approvals required for the Development.

 The Partnership must obtain building permits for the Development in accordance with the timeline set forth in the Development Schedule attached to the DDA

 The Partnership shall pay all contractors and subcontractors engaged to construct the Development California Labor Code Section 1720 prevailing wages.

 The Partnership is prohibited from any form of discrimination on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin or ancestry, or source of income, in the hiring, firing, promoting or demoting of any person engaged in the construction of the Development.

 The Partnership must undertake the rehabilitation of the County Housing Improvements with a goal of not displacing any of the current residents of the County Housing Improvements.

 To the extent that development of the Affordable Development results in the permanent or temporary displacement of residential tenants, homeowners, or businesses, then Partnership shall comply with all applicable local, state, and federal statutes and regulations, (including without limitation California Government Code Section 7260 et seq., and accompanying regulations) with

163\48\3686521.3 4
respect to relocation planning, advisory assistance, and payment of monetary benefits.

 Partnership must submit evidence that the financing and funding identified in the financing plan will be available for disbursement prior to the close of escrow for the construction of the Affordable Housing Site.

III. Cost of Agreement

This section presents the total estimated cost of the DDA to the City. Pursuant to California Government Code Section 52201 (a)(2)(B)(i), the cost of th e DDA to the City includes all land acquisition costs, clearance costs, relocation costs, the cost of any improvements to be provided by the City, plus the i nterest on any loans or bonds to finance project under the terms of the DDA. The net cost can be either an actual cost, when expenditures exceed receipts, or a net gain, when revenues created by implementation of the Agreement exceed expenditures.

The Caltrans agreement requires that the City make a repayment of $ 0 purchase price for the Affordable Housing Site.

The City's holding costs for the properties is de minimis.

The City has or expects to incur approximately $25,000 to $50,000 on internal staff costs and approximately $50,000 and $75,000 on third party costs, including; broker fees, legal fees, consulting fees, and other fees associated with the negotiation of the DDA and associated land transfer documents.

The City does not expect to incur any relocation costs associated with the transfer of the Affordable Housing Site. If any relocation obligations arise, the Partnership has agreed to provide to pay for any relocation costs incurred as a result of the implementation of the DDA.

IV. Estimated Highest and Best Use Value of the Interest to be Conveyed

Section 52201 requires the City to identify the value of the interest being conveyed at the highest use permitted under the general plan and zoning in place on the property. The valuation must be based on the assumption that the Property is vacant, and that near-term development is required. The highest and best use of a property, is that use of the property that generates the highest property value and is physically possible, financially feasible, and legally permitted. The valuation does not take into consideration any extraordinary use, quality, and/or income restrictions being imposed on the development by the City. The value at highest and best use is based solely on the value created and not on whether or not that use carries out the development goals and policies for the City as set forth in the DDA.

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This section presents an analysis of the fair market value of the properties to be conveyed at its highest and best use. This section explains the value of the properties to be sold to the Partnerships and the consideration being provided by the Partnerships.

The City and Caltrans obtained an appraisal for the property in its existing condition with its current land use designations which valued the property at approximately $6,220,000.

The purchase price of $0 being paid by the Partnerships is based on the parties negotiation of the Property value taking into account the appraised value of the properties that are being conveyed as well as the impact on value of the properties resulting from the a use consistent with the Proposed Project.

V. Estimated Fair Re-Use Value of the Interest to be Conveyed

In calculating the fair re-use value, re-use value is defined as the highest price in terms of cash or its equivalent which a property or development right is expected to bring for a specified use in a competitive open market, subject to the covenants, conditions, and restrictions imposed by the DDA. The DDA covenants, conditions, or restrictions on the use of the Affordable Housing Site are contained in the Regulatory Agreement.

Pursuant to the DDA, all of the units in the development will be restricted to low and very low income households at affordable rents. Each year, the Partnership must submit to the City a certification of compliance with the income and affordable housing cost covenants imposed by the Agreement.

The residual land value supported by the Project can be estimated as the difference between the total development costs (excluding acquisition costs) and the total available funding sources. The anticipated costs of development is summarized below and is estimated to be approximately $86,900,000. The Partnership estimates that there is no residual land value.

The total operating expenses for the Project have been estimated at approximately $1,350,000 per year. The income to be generated by the Development is derived entirely from the rental of the Units at an affordable housing cost and is estimated to be $1,212,500 per year, resulting in approximately $140,000 of annual residual cashflow at least 50% of which will be used to fund repayment of soft debt.

Based on the foregoing analysis, the fair re-use value of the interest being conveyed is nominal.

VI. Explanation of the Difference (if any) between the Compensation to be paid to the City under the DDA and the Fair Market Value of the Property

Under Section 52201, the City is required to explain if the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the general plan and zoning, then the City must provide as part of this Summary Report an explanation of the reasons for the difference.

163\48\3686521.3 6

The DDA and Regulatory Agreement impose extraordinary controls on the Affordable Housing Site. The impacts created by these requirements reduce the value of the Affordable Housing Site from $6,220,000 at the highest use permitted under the allowable zoning, to the established fair reuse value $0 or below). The difference is directly and completely attributable to the convents, restrictions and development costs imposed by the DDA in furtherance of the City's policies to devote the Affordable Housing Site to affordable housing.

VII. Creation of Economic Opportunity

The Proposed Project, when constructed, will create economic opportunity in the City of Hayward. Section 52200.2 defines "economic opportunity" as any of the following:

 Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that create, retain, or expand new jobs, at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of City investment in the project after full capacity and implementation;

 Development agreements, loan agreements, sale agreements, lease agreements, or other agreements that increase property tax revenues to all property tax collecting entities, by at least 15 percent (15%) of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity;

 Creation of affordable housing;

 Projects that meet the goals set forth in Chapter 728 of the Statutes of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans; or

 Transit priority projects, as defined in Section 21155 of the Public Resources Code.

The City is providing $2,000,000 of financial assistance to the Partnership. The City has identified the following benefits that will result from implementation of the DDA and will create economic opportunity as defined in Government Code Section 52200.2.

B. Creation of Affordable Housing

The creation of affordable housing to meet demonstrated affordable housing needs identified in the housing element of the City’s general plan constitutes and economic opportunity. The Proposed Project will be subject to the requirements of the City's Inclusionary Housing Ordinance and will thus increase, improve, or preserve the supply of quality affordable housing in the community. The Development will create 82 units of

163\48\3686521.3 7
new multifamily rental affordable housing on the City Housing Parcels and result in the rehabilitation of naturally occurring affordable housing.

C. Job Creation

Under Section 52200.2(a) economic opportunity is achieved is an agreement results in the creation, retention or expansions of new jobs, at least one full-time equivalent, permanent job for every thirty-five thousand dollars ($35,000) of City investment in the project. As previously discussed, the City is providing a loan of $2,000,000 for the Proposed Project. The sale and development of the Property under the DDA will result in job creation as a result of the anticipated construction of the Development. During the construction of the Proposed Project, it is anticipated approximately 89 full-time equivalent (FTE) temporary construction jobs. Upon completion and full implementation, the Proposed Project is also anticipated to generate an estimated 33 FTE permanent jobs.

D. Public Purpose

The transfer of the properties and construction of the Proposed Project will further the public purpose of economic development by creating jobs, affordable housing, and will contribute to the vibrancy in an area of the City that has suffered from historic underdevelopment as a result of the proposed and now defunct SR 238 freeway project.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: RPT 24-008
DATE: February 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Informational Report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report

RECOMMENDATION
That the City Council reviews this informational report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report.

SUMMARY
The CIP is a planning document intended to guide the City’s capital project expenditures for the upcoming ten-year period. During the FY24 - FY33 CIP work session, Council requested regular status updates to the CIP projects. Staff has incorporated this feedback and prepared this initial FY24 CIP Progress Report. The purpose of the report is to update Council and the public on the status of CIP projects, as well as to highlight the accomplishments occurred in each quarter. The Progress Report can be found through the link to the online CIP book posted on the City’s website, under the Table of Contents section of the online CIP book. A PDF version of the report is also included in Attachment II.

The FY24 Quarter 2 CIP Progress Report covers the period between October 1, 2023 to December 31, 2023. While the Adopted FY24 CIP has over 400 capital projects, the progress report only includes major projects of interest and active projects with activities that occurred in FY24 quarter 2. An example of a project not included in the progress update is one that includes budget for payment of energy used by City streetlights. Moving forward, staff intends to provide semiannual updates to Council, and additional projects will be added to the semiannual report as more activities occur throughout the year.

ATTACHMENTS
Attachment I Staff Report
Attachment II Progress Report
CITY OF HAYWARD Printed on 2/15/2024Page 1 of 2
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File #:RPT 24-008
CITY OF HAYWARD Printed on 2/15/2024Page 2 of 2
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DATE: February 20, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Informational Report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report

RECOMMENDATION

That the City Council reviews this informational report on FY24 Quarter 2 Capital Improvement Program (CIP) Progress Report.

SUMMARY AND DISCUSSION

The CIP is a planning document intended to guide the City’s capital project expenditures for the upcoming ten-year period. During the FY24 – FY33 CIP work session1, Council requested regular status updates to the CIP projects. Staff has incorporated this feedback and prepared this initial FY24 CIP Progress Report. The purpose of the report is to update Council and the public on the status of CIP projects, as well as to highlight the accomplishments occurred in each quarter. The Progress Report2 can be found through the link of the online CIP book posted on the City’s website3, under the Table of Contents4 section of the online CIP book. A PDF version of the report is also included in Attachment II.

STRATEGIC ROADMAP

1 https://www.hayward-ca.gov/your-government/documents/capital-improvement-program 2 https://stories.opengov.com/haywardca/published/pn6d3y7F3 3 https://www.hayward-ca.gov/your-government/documents/capital-improvement-program 4 https://stories.opengov.com/haywardca/published/5Fym82P0Y5J

Page 2 of 3 ends

The 2024 Vision and Strategic Roadmap adopted in 2020 are at the forefront of the City’s capital project planning efforts. Council updates the Strategic Roadmap annually and, on June 6, 2023, Council adopted the updated Strategic Roadmap for FY24 to FY25+. CIP Projects touch the Confront Climate Crisis & Champion Environmental Justice, Enhance Community Safety & Quality of Life, Grow the Economy, and Strengthen Organizational Health Priorities.

However, they predominantly support the Invest in Infrastructure Priority.

ECONOMIC IMPACT

Maintaining and improving the City’s infrastructure, fleet, and equipment will have an unquestionable impact on maintaining and improving the economic health and vitality of the City. However, providing a Progress Report semiannually will not have a direct economic impact.

FISCAL IMPACT

The adopted capital budget for FY24 totals about $116 million, with a total of approximately $905 million tentatively programmed for the entire ten-year period from FY24 through FY33.

An additional $511 million of unfunded needs were identified for the same period. The effort for providing a Progress Report semiannually moving forward will be absorbed in the Department’s existing budget and not have a direct fiscal impact.

SOCIAL EQUITY

Consideration of social equity has been an important element of selecting projects, such as roadway improvements, sidewalk improvements, traffic calming, complete streets, and landscaping.

SUSTAINABILITY FEATURES

While the adopted projects are aligned with and advance the Council’s sustainability goals and policies, the action taken for this agenda report will not result in a physical development, purchase or service, or a new policy or legislation. Any physical work will depend upon a future Council action. Sustainability features for individual CIP projects are listed in each staff report.

PUBLIC CONTACT

The purpose of the Progress Report is to provide regular updates to Council and the public on the status of CIP projects. The Progress Report5 can be found through the link of the online CIP book posted on the City’s website6, under the Table of Contents7 section of the online CIP book.

5 https://www.hayward-ca.gov/your-government/documents/capital-improvement-program 6 https://stories.opengov.com/haywardca/published/pn6d3y7F3 7 https://stories.opengov.com/haywardca/published/5Fym82P0Y5J

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NEXT STEPS

Moving forward, staff plans to provide semiannual updates to Council. Additional projects will be added to the semiannual report as more activities occur throughout the year.

Prepared by: Marissa Matta, Management Analyst

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________
Kelly McAdoo, City Manager

ATTACHMENT II

Page 1 of 10 ends

Capital Improvement Program (CIP) Progress Report - FY24 Quarter 2 (October 1 to December 31, 2023)
Project No. Project Title Q2 Activities & Status Fund
%
Complete
07149
1000 PZ Tank Roof Concrete
Spalling Repair
Complete. Monitoring future tank
problems 603

100%
07146
12" CI Replacement from Sleepy
Hollow to Industrial on Hesperian In planning 603

0%
06988
21st Century Library &
Community Learning Center -
Construction
Q2 Activities: Garage elevator
punchlist and plaza cistern start up
expected completion Q3 FY24. 406

98%
07074
250' Zone for Pressure Reducing
Strategy at Decoto (NEW)
Piping modification in progress and
valves ordered 604

20%
07019
250’ P/S Motor Starter
Replacements
Delay due to staffing changes. Issued
task order proposal along with
070625, 07739 and 07745 603

0%
07716
27 Inch Force Main Bypass
Pumping - I-880/Industrial In preliminary stage 612

0%
05328
A St, Silva, and Tennyson
Complete Streets (NEW)
A portion of A St and Silva in the
preliminary stages of being included in
East Bay Greenway Alternative
Bikeway Plan. Staff has applied for
Reconnecting Communities and
Neighborhoods Grant (Federal) to
support the Tennyson portion of the
project 213, 215

5%
06830 Access Control System
Wifi system partially installed, servers
functioning, but sequence after City
Hall and HPD 621

55%
07350 Airport Fleet Replacement
FY24 purchases complete. POs issued.

Waiting for vehicle. 737

50%
06818
Airport Pavement Management
Program Update
Received 90% draft from consultant,
currently under review 621

80%
05153
Alameda County Aerial
Photography
Funding to be provided to Alameda
County 450

0%
06851 ALP Update with Narrative
In progress, estimated completion Dec.
2023 621

30%
07125 AMI Customer Portal Complete, closeout 603 100%
07765
Annual Emergency/Spot Line
Repairs Repair as needed 611

40%
07780
Annual Line Replacements FY22 -
Sewer
Solicited, received, reviewed, and
ranked design consultant proposals 611

0%
07200
Annual Line Replacements FY22 -
Water
Solicited, received, reviewed, and
ranked design consultant proposals 603

64%
07738
Annual Line Replacements FY23 -
Sewer
Solicited, received, reviewed, and
ranked design consultant proposals 611

ATTACHMENT II

Page 2 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
07067
Annual Line Replacements FY23 -
Water
Solicited, received, reviewed, and
ranked design consultant proposals 603

64%
07789
Annual Line Replacements FY24
(NEW) - Sewer
Solicited, received, reviewed, and
ranked design consultant proposals 611

0%
07072
Annual Line Replacements FY24
(NEW) - Water
Solicited, received, reviewed, and
ranked design consultant proposals 603

0%
07746
Arf, Tennyson Trash Capture
Device Installations
Tennyson installation complete; Arf in
development, schedule to be installed
in Spring 2024 612

0%
07466
Breathing Apparatus
Replacement
Ongoing need, recent order placed for
new rigs 405

50%
05257 Bridge Structures Maintenance
In progress working with Caltrans.

Expected completion Q3 450

60%
05332 Campus Drive Improvements Complete 212 100%
07451
Cardiac Monitor Replacement
(Defibrillators) Maintenance plan purchased 405

50%
07134
Cast Iron Water Pipeline
Replacement - Local Streets
Combined w/ 07093 - continue
ongoing construction work 603

64%
05286 City Municipal Parking Lot #1 Complete 450 100%
05741
City Municipal Parking Lot #11
(NEW)
In construction, starting Q2, expected
completion Q3 450

10%
05248 City Municipal Parking Lot #2 Complete 450 100%
05296
City Municipal Parking Lot #7, D-
1 and D-2 Complete 450

100%
05740 City Municipal Parking Lot #8 Complete 450 100%
06923
Citywide EV Charging Strategy
Upgrade
In planning, provided a report to CSC
in January 2024, plan to bring full
report to Council by end of FY24. 405

75%
07679
Cogeneration System
Maintenance Ongoing, services done quarterly 611, 612

50%
06921 Community Planning Ongoing 405 N/A
05116 Congestion Management Plan Complete 210 100%
07101
Cross Connection Improvement
Project Complete 604

100%
07412
Criminal Investigations
Equipment Ongoing 405

0%
07108
D Street, Treeview, Maitland
Reservoir Water Quality Pump
Upgrade Complete, closeout 604

100%
07763
Daisy Ct Access Road Erosion
Mitigation Project
Tentatively scheduled for late
spring/early summer 405

0%
07491
Disaster Service Worker’s
Response Coordination &
Communication: Plum Cases Ongoing 405

10%

ATTACHMENT II

Page 3 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
07004
Distribution System Pressure
Reducing Strategy Complete, closeout 603

100%
06913 Downtown Parking Program
Postponed. Transportation, Chamber
of Commerce 405

75%
07794
Drainage Improvement Project at
Alves St/Leighton St and 4th St
(NEW)
Design 90% complete. Completion
expected in Q3 405

0%
07516
EBDA Outfall Replacement
Payment
Ongoing, payment processed in
September 2023 611

100%
07497
Emergency Access at Highland
Blvd (NEW)
Funds have recently been
appropriated into HFD control, they
had been miscategorized. We will
pursue bids in 2024 405

5%
07068
Emergency Annual Line Repairs
FY23 Complete, closeout 603

100%
07493
Emergency Communication:

Satellite Phones for City Staff
Coordination Ongoing 405

10%
07489
Emergency Food & Water
Replacement for Disaster Service
Workers Ongoing 405

10%
07484 Emergency Management System
Work is outsourced, progress is
ongoing 405

30%
07486 Emergency Vehicle Preemption Yearly contract purchased 405 50% 05337 EV Compact Bike Lane Sweeper
PO Issued. Have not received vehicle
yet 210

0%
07411 Field Operations Equipment Ongoing 405 39%
07487 Fire Equipment Updates Ongoing 405 N/A
07301 Fire Fleet Replacement
FY24 purchases complete. POs issued.

Waiting for vehicle 736

50%
07304 Fire Fleet Replacement - Grants
Not enough funds to procure vehicle
yet 736

N/A
07456 Fire Radio Replacement
Chargers and radios purchased for
new rigs 405

50%
07474
Fire Station Nos. 1-6
Improvements - Design
Complete. Keep contract encumbrance
open in case 406

100%
07495 Firefighter Exercise Equipment
Purchase complete for Training Center,
ongoing need 405

50%
07195 Garin Ladder Cage Project
Complete - ladder cage has been
installed 604

100%
06920 General Plan Update (2040) Ongoing 405 N/A
07302 GF Fleet Replacement
FY24 purchases complete. POs issued.

Waiting for vehicle. 736

50%
07177
GIS Data Development and
Conversion
Currently negotiating scope/ fee with
consultant 604, 612

ATTACHMENT II

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Project No. Project Title Q2 Activities & Status Fund
%
Complete
07058 Green Hayward PAYS Program Project abandoned 604 N/A 07116
Groundwater Sustainability Plan
Projects In planning 604

0%
07624
Harder Road Sewer System
Improvement In preliminary stage of investigation 611, 612

0%
05217
Hayward Blvd. Safety
Improvement Feasibility Study
Completed feasibility study. Not
proceeding with Phase 2 project
05310, implementation 0% 212

100%
05310
Hayward Boulevard Safety
Improvements On hold 212

N/A
06955
Hayward Housing Navigation
Center
Closing out in FY24, transitioning to
Operating Expense 405

N/A
05388
Hesperian Blvd and W A Street
Protected Intersection Complete
212, 215,
460

100%
05742
Hesperian Frontage Road
Improvement - Sueirro St to
Phillips Way (NEW)
Design completed 90%. Bidding in Q3
FY24 450

10%
07061
Hesperian P/S Main Braker
Replacement
Delay due to staffing changes – quote
received 603

0%
07062
Hesperian P/S VFD and Motor
Drive Replacements Delay due to staffing changes 603

0%
07070
Hesperian Pump Station
Underground Diesel Fuel Tank
Replacement (NEW) Preliminary stages of investigation 603

0%
06926
HPD Locker Rooms Construction
(NEW)
Design 100%, Construction 0%. Call
for bids in Q3 FY24. 406

0%
07420 HPD Locker Rooms Design
Design 100%, Construction 0%. Call
for bids in Q3 FY24. 405

10%
07776 Hydro Vactor Replacement Replacement received 611 90% 05292
Innovative Deployments to
Enhance Arterials (IDEA) -
Tennyson Corridor and Second
Street Complete 450

100%
07418
Integrated Cameras and
Equipment
10-year contract executed with vendor.

Expected delivery of hardware by Jan
2024 405

0%
05712 Intersection Improvement Project Ongoing. TFC money potential match 460

0%
07488
Jackson Corridor Median
Improvement (Jackson/Silva
Monument)
In progress, 50% complete. Monument
in planning/preliminary
survey/engineering. Construction bid
documents to be prepared by Jan/Feb. 405, 406

50%
07727
Jackson Street Underpass
Stormwater Pump Station
Upgrades Complete, closeout 611

100%

ATTACHMENT II

Page 5 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
06914 La Vista Park
Scaled down redesign is 90%
complete. Bidding Q3 FY24 405

90%
06862
Landscape Improvements and
Cleanup - Sulphur Creek Sites Ongoing 621

N/A
05102
Landscape Material/Median
Tree/Shrub Replacements Ongoing 405

N/A
06827 LED Lighting Retrofit
Interior lighting upgrades are
performed as needed. 621

65%
05738 Local Roadway Safety Plan (LRSP) Complete and adopted 460

100%
07450 Lucas Device Replacement
Purchase in progress, need council
approval due to cost 405

80%
05283
Main Street Complete Street
Project
Design is 100% complete. Bid to start
Q3 FY24. Construction is 0% 219, 450

0%
07745
Marathon Lift Station Motor
Control Center Replacement In progress 611

0%
07764
Marathon Lift Station Pump
Replacement Project In progress 611

0%
05255
Median Landscaping
Improvement Project FY20 -
Hesperian - Chabot Ct. to La Playa
Dr Complete, closeout 450

100%
05315
Median Landscaping
Improvement Project FY22 -
Hesperian Blvd - La Playa to
Winton Ave Complete 450

100%
05281
Median Landscaping
Improvement Project FY23 -
Hesperian - West A St. to Winton Complete 450

100%
06891
Miscellaneous Building/Grounds
Repairs
Ongoing, some repairs done in second
quarter 621

50%
05839
Mission Blvd Southend Frontage
Island Improvement Design in progress 410

10%
07795
MSD Stormdrain Infrastructure
Repair (NEW) Ongoing. Planning on project scope 405

50%
06925
Mural Art for Underpasses - MSD
(NEW) Ongoing, PO issued 405

50%
06952
Neighborhood Improvement
Grant Program
Ongoing. Granted Hazel Garden
funding for tree removal 405

15%
06950
Neighborhood Partnership
Program Project
Ongoing. Potential fund for streetlights
along Tennyson/The Stack 405

0%
07183
New 0.75MG Tank, Pumps, and
Generator at Garin Reservoir/
Pumps Station Site Complete, keep funding as needed 604

100%

ATTACHMENT II

Page 6 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
07481 New Fire Station No. 6
In construction, expected completion
Q3 FY24 406

95%
07482 New Fire Training Center
In construction, expected completion
Q3 FY24 406

95%
05314 New Sidewalks - FY22 Complete 213, 216 100%
05305 New Sidewalks - FY23 Design is 10% complete 213 10% 05331 New Sidewalks - FY24 (NEW)
Design is 10% complete, combined
with 05305 213

10%
06898 Noise Monitoring As needed. 621 50%
05312 Orchard Avenue Traffic Calming
Project initiated, analysis complete.

Community meeting on 1/22/2024 213

10%
05307
Patrick/Gading Complete Street
Project
Patrick Ave Complete, Gading to be
completed by end of FY24 210

0%
06890 Pavement Rehabilitation
Ongoing, some repairs done in first
quarter. Taxiway improvements
anticipated. 621

5%
05239 Pavement Rehabilitation FY22
Project construction nearing
completion
210, 211,
212, 215,
218, 450

98%
05240 Pavement Rehabilitation FY23
Project construction nearing
completion
210, 211,
212, 215,
218, 450

98%
05242
Pavement Rehabilitation FY24
(NEW) Design in process, 90% complete
210, 211,
212, 218,
406, 450

90%
05282
Pavement Rehabilitation Winton
Ave West - Hesperian Blvd to
Santa Clara Design
Complete and Close. Reference project
until end of 2023 450

100%
05175
Pedestrian Traffic Signal
Modifications and Improvements Ongoing 216

0%
06823 Perimeter Fence Replacement Perform as needed 621 5% 07721 Rt 238 Parcel Group 3 & 4
Ongoing. Construction efforts are fully
underway 411

0%
07722 Rt 238 Parcel Group 5
Ongoing discussion with developer on
continued progress of the project 411

0%
07725 Rt 238 Parcel Group 8
Ongoing discussion with developer on
continued progress of the project. 411

0%
07303 Police Fleet Replacement
FY24 purchases complete. POs issued.

Waiting for vehicle 736
50%
07305 Police Fleet Replacement - Grants
Not enough funds to procure vehicle
yet 736

N/A
07409 Police Officer Equipment Ongoing 405 33%
06911
Property Acquisition
Management Ongoing, Consultant to begin work 405

10%

ATTACHMENT II

Page 7 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
06924 Publicly Accessible Fast Chargers
Staff has been working with Ava
Community Energy. Current efforts are
on the Stack Center and finding a
downtown location that might work as
an alternate to the Cinema Garage 405

20%
07419
Rapid Turnaround DNA Testing
(RADS) Ongoing 405

5%
05308
Rectangular Rapid Flashing
Beacons/HAWK Pedestrian Signal
Installation Ongoing 213

N/A
07709 Recycled Water Master Plan Preparing RFP 612 0%
07507
Recycled Water Storage and
Distribution System Complete, closeout 612

100%
07710
Recycled Water Treatment
Facility - Phase I Complete, closeout 612

100%
07475
Replacement Equipment for
Maintenance Services Ongoing 405

33%
07102
Reservoir Water Quality
Improvement Project On hold due to favorable water quality 604

N/A
07203 Roof Repair/Replacement Ongoing 98% completed 405 98% 07784 Root Foaming Tentatively scheduled for spring 611 0% 05270
Route 238 Corridor Improvement
Project - Phase 2
Construction(Mission from
Industrial to South City Limit) Complete 410

100%
05287
Route 238 Corridor Improvement
Project - Phase 3 Final Design and
Construction
In construction, expected completion
FY25 Q2 410

20%
06922 Russell City Engagement & Art Ongoing 405 30%
05309
Safe Routes for Seniors -
Downtown
2 out of the 4 intersections need
paving and striping 219

90%
05319
Safe Routes to School - Cesar
Chavez Middle School Complete 212

100%
05333 Safe Routes to School - Palma Ceia Palma Ceia in design phase 212 10% 07781
Sanitary Sewer Main Replacement
at Alameda County Transit
Maintenance Facility Complete, closeout 611

100%
05313
Santa Clara Street Traffic Calming
Study and Implementation Not initiated 213

0%
07352 Sewer Fleet Replacement
FY24 purchases complete. POs issued.

Waiting for vehicle 737

50%
07761 Sewer Line Improvement FY21 Continue ongoing construction work 611 62%

ATTACHMENT II

Page 8 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
07717
Sewer Main Installation -
I-880/Willimet Complete, closeout 612

100%
05318
Sidewalk Rehabilitation +
Wheelchair Ramps FY22 Complete 450

100%
05303
Sidewalk Rehabilitation +
Wheelchair Ramps FY23
Bid process complete, construction to
start early February 2024 216, 450

10%
05324
Sidewalk Rehabilitation +
Wheelchair Ramps FY24 (NEW) Design start in Q3 450

0%
05302 Sidewalk Rehabilitation FY21 Complete 450 100%
05737
Signal Modification At
Huntwood/Industrial &
Huntwood/Sandoval
Design complete, currently in
construction. Completion ETA Q3 460

0%
07197
Skywest & Hesperian Pump
Station Generator Fuel
Replacement and Line Repairs
Some repairs made, more repairs
needed 603

50%
06861 Skywest Property Maintenance Ongoing 621 0%
07071
Skywest Pump Station
Underground Diesel Fuel Tank
Replacement (NEW) Preliminary stage 603

0%
07492
Solar-Powered Generators
220kW for Baseline Residents &
Public Safety Operations During
Power Outages Ongoing 405

10%
06960
South Hayward Youth and Family
Center (STACK)
Design is 100% complete. Bid process
completed, contractor awarded.

Starting construction Q3 FY24 405

10%
05166 Speed Monitoring Devices
Ongoing. Can charge speed data
collection, feedback signs, general
traffic calming. 215

0%
05334
SR-92/Whitesell Interchange -
Project Initiation Document (PID)
Scoping phase underway, has made
good progress. Expected Completion
Q4. City pursuing other funding
sources for future phases. 212, 450

75%
07351 Stormwater Fleet Replacement
FY24 purchases complete. POs issued.

Waiting for vehicle 737

50%
06816
Sulphur Creek 10-Year
Environmental Monitoring
Consultant gathering and looking for
potential mitigation sites 621

50%
07402 Supporting Services Equipment Ongoing 405 11%
06859
Taxiway Alpha West Design and
Phasing Plan
Waiting for FAA grant confirmation for
both design and construction,
potentially postpone to FY26 due to
FAA funding availability 621

0%
06819
Taxiway Zulu Pavement
Rehabilitation Design Design is a 25% 621

25%

ATTACHMENT II

Page 9 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
06864
Taxiway Zulu West Pavement
Rehabilitation Construction
(NEW)
Currently in design, Construction
starting in FY24 and complete in FY25 621

0%
TC001
Tennyson Corridor Median
Improvement Complete 406

100%
07788
Tennyson Lift Station Emergency
Standby Generator Replacement
(NEW) Receiving quotes 611

20%
06826 T-Hangar Improvements
Phase 4 of roofing project is complete.

FY24 completed. Next phases in future
years. 621

100%
06828 Tower Renovations
Repairs on fire alarm system and
stairwell fan. 621

5%
07675
Trash Capture Device and Litter
Reduction Education Project Complete, closeout 611

100%
07494 Turnout Dryer Purchase processing Jan. 24 405 80% 07500 Turnout Gear & PPE Replacement
Purchased, additional needs for new
academy 405

80%
07519
Utilities Laboratory Information
Management & Data Entry
Resumes in January customizing the
software 612

25%
07626
Valle Vista Submersible Pump
Replacement and Wet Well
Rehabilitation
Pump replacement complete, wet well
in satisfactory condition. 611

50%
07739 Valle Vista VFD Replacement In progress 611 0%
07198
Walpert Pump Station Roof
Ladder Cage Project
Complete – ladder cage has been
installed 604

100%
07013 Water Efficiency Program
Ongoing. These funds are used for our
water use efficiency programs that
include the two that City administers,
and the seven through BAWSCA. 603

0%
07353 Water Fleet Replacement No FY24 purchases. 737 100% 06927
Water Heater Replacement
Program Initiate in Q2 405

0%
07093 Water Line Improvement FY21
Continue ongoing construction work -
combined w/ 07134 603, 604

64%
07139 Water Office Improvements Complete, closeout 604 100% 07196
Well Field All-Weather
Improvements Some asphalt complete 604

10%
05229 Wheelchair Ramps - FY21 Complete 210 100%
07531 WPCF Asset Management Plan
Main saver software installed &
operational, no other activities at this
time 611

25%

ATTACHMENT II

Page 10 of 10 ends

Project No. Project Title Q2 Activities & Status Fund
%
Complete
07673
WPCF Chlorination System
Improvement Analyzers have been installed 611

10%
07629
WPCF Digester Cleaning & EQ
Pond Sludge Removal Complete, closeout 611

100%
07630
WPCF Effluent Pond Weed
Removal Complete, closeout 611

100%
07618
WPCF Gas Conditioning System
Skid Media Replacement
Based on tests, no replacement needed
at this time 611

0%
07567 WPCF Headworks Bar Screens Punchlist items 612 99% 07714
WPCF Headworks Project -
Influent Channel Isolation Gates
and Actuators Complete, with punchlist items 612

100%
07619
WPCF Headworks Project -
Motorized Valve Actuators for
Influent Gates
Close out in Oct 2023. Work has been
completed, may have change order,
keep project open 611

100%
07698
WPCF High Pressure Gas Storage
Vessel Inspection and Coating Complete, closeout 612

100%
07656
WPCF Main 480V MCC Electrical
Distribution Rehabilitation
Invoiced for preliminary items,
ongoing. expected completion in 2026
due to supply chain/equipment
shortages 611 ,612

30%
07786
WPCF New Administration
Building & Lab Project Design 90% completed 612

7%
07774
WPCF New Drives for North and
South Primary Clarifiers
North - completed, South - in progress,
receiving quotes, timeline = by end of
year 611

50%
07760
WPCF Phase II Improvement
Project Design 25% completed 612

2%
07749
WPCF Primary Effluent Flow
Equalization Project Design 60% completed 612

5%
07648
WPCF Seismic Retrofit of
Miscellaneous Buildings
Based on evaluation, no retrofits are
needed at this time. Improvements
will be included in any future
rehabilitation projects on an as needed
basis 611

0%
07559
WPCF Solids Pumping
Improvements Purchasing two new pumps 612

25%
07664
WPCF UST Cleanup and Closure at
Maintenance Building Complete, closeout 611

100%

Hayward City CouncilFebruary 20, 2024

Hayward City Council
February 20, 2024