Tuesday, May 21, 2024
7:00 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda
May 21, 2024City Council Agenda
CITY COUNCIL MEETING
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.
PUBLIC PARTICIPATION
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Goldstein
May 21, 2024City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
Saturday, May 11, 2024
Tuesday, May 21, 2024
PRESENTATION
National Police Week & Peace Officers' Memorial Day
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 . ration and may be referred to staff.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
ACTION ITEMS
The Council will permit comment as each item is called for the Consent Calendar, Public Hearings, and Legislative Business. In the case of the Consent Calendar, a specific item will need to be pulled by a Council Member in order for the Council to discuss the item or to permit public comment on the item. Please notify the City Clerk any time before the Consent Calendar is voted on by Council if you wish to speak on a Consent Item.
CONSENT
Approve the Minutes of the City Council Meeting on April 23, 2024
MIN 24-0601.
Attachments: Attachment I Draft Minutes of 4/23/2024
May 21, 2024City Council Agenda
Adopt a Resolution Approving the Revised Community
Workforce Agreement (CWA) between the City of Hayward and the Building and Construction Trades Council of Alameda County (BTC) and Authorize the City Manager to Execute the Revised CWA
CONS 24-2222.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Community Workforce Agreement
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Project Sentinel for Fiscal Year 2025 in an Amount Not-to-Exceed $180,000 to Provide Mediation,
Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and
Mobilehome Space Rent Stabilization Ordinance
CONS 24-2513.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing an Extension to the Term of the Homelessness Housing Task Force (HHTF) through June 2024 CONS 24-2524.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Awarding a Construction Contract to QA Constructors, Inc. for the Alves Street and Leighton Street Drainage Improvements, Project No. 07794, in the Amount of $132,250 and Approving an Administrative Change Order
Budget of $32,750.
CONS 24-2535.
Attachments: Attachment l Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for On-Call Airport Planning and Environmental Services which will Extend the Termination Date to June 30, 2026
CONS 24-2576.
Attachments: Attachment I Staff Report
Attachment II Resolution
May 21, 2024City Council Agenda
Adopt an Ordinance Adding Article 22, Chapter 8 to the
Hayward Municipal Code Regarding Water and Wastewater
Enterprise Revenue Bond Law
CONS 24-2597.
Attachments: Attachment I Staff Report
Attachment II Summary of Ordinance
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the
Hayward Area Recreation and Park District for Operations and Maintenance of Certain Landscape and Lighting Assessment District Parks
CONS 24-2608.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Memorandum of Understanding
Adopt Resolutions Authorizing the City Manager to Amend the Professional Services Agreements with (1) Kitchell CEM for Extended Construction Support Services by $90,000 for a Not-to-Exceed Amount of $3,028,000, and (2) with ABC
Inspections, Inc., by $50,000 for a Not-to Exceed Amount of $1,080,000 for the Fire Station 6 and Fire Training Center Project (FS6/FTC), Project Nos. 07481 and 07482
CONS 24-2629.
Attachments: Attachment I Staff Report
Attachment II Resolution Kitchell CEM
Attachment III Resolution ABC Inspectors
Adopt a Resolution Awarding a Construction Contract to GSW Construction, Inc., for the Trash Capture Device Installation on Arf Avenue, Project No. 07746, in the Amount of $398,000 and a Contingency Budget of $82,000 for a Total Contract
Not-to-Exceed Amount of $480,000
CONS 24-26310.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Jackson Street Gateway Monument Sign Project
CONS 24-26411.
Attachments: Attachment I Staff Report
Attachment II Resolution
May 21, 2024City Council Agenda
Approve the State Department of Housing and Community
Development’s Requested Action and Adopt a Resolution
Authorizing Joint Application to and Participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a Total Not-To-Exceed Amount of $10 Million
CONS 24-26512.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Contract with AEI Consultants to Increase the Not-to-Exceed Amount by $200,000, for a Total
Not-to-Exceed Amount of $400,000 to Provide Environmental Services for the Stack Center Phase I and II Project
CONS 24-26713.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Approve and Execute an Agreement Between the City of Hayward and Dutra Enterprises, Inc., for the San Lorenzo Creek Bank Emergency Repair and Cost Sharing in an Amount
Not-to-Exceed $400,000; and Determining that the Proposed Project is Categorically Exempt from CEQA.
CONS 24-27614.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Proposed Dutra Enterprises, Inc. Agreement
WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.
Potential Ballot Measure to Extend Without Increasing the City of Hayward Half-Cent Sales Tax (Report from Interim City Manager Claussen)
WS 24-01815.
Attachments: Attachment I Staff Report
Attachment II Measure C Ballot Language
Attachment III Measure C 20-Year Forecast Update
Attachment IV Measure C Community Engagement Report
Attachment V Sales Tax Extension Poll Toplines Report
May 21, 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 REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.
ADJOURNMENT
NEXT SPECIAL MEETING, May 28, 2024, 6:00 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.
May 21, 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.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-060
DATE: May 21, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the Minutes of the City Council Meeting on April 23, 2024
RECOMMENDATION
That the Council approves the City Council meeting minutes of April 23, 2024.
SUMMARY
The City Council held a meeting on April 23, 2024.
ATTACHMENTS
Attachment I Draft Minutes of 4/23/2024
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.
Pledge of Allegiance: Council Member Syrop
Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
Absent: None
CLOSED SESSION
The City Council convened in closed session on April 23, 2024, at 5:30 p.m., with all members present and no public speakers, regarding four items: 1) the City Attorney’s annual evaluation pursuant to Government Code section 54957; 2) conference with legal counsel pursuant to Government Code section 54956.9 regarding Mulhern, Eric v. City of Hayward, C laim No. 1196000116 , 1996000165, and 1996000053 , Workers’ Compensation Appeals Board Case No. ADJ8917396 and ADJ13665541; 3) conference with property negotia tors pursuant to Government Code section 54956.8 regarding Caltrans Parcel Group 2: Mission Boulevard and Tennyson Road; APNs: 078C-0461-010-00, 078C-0461-011-00, 078C -0461-012-00, 078C -0461-013-00, and 078C -0461-014-00; Caltrans Parcel Group 3: Adjacent to Tennyson Road, East 16th Street and Calhoun Street; APNs: 078C-0626-003-16, 078C-0626-003-09, 078C-0626-001-07; Caltrans Parcel Group 4: APNs: 078C-648-01-01, 078C-0800-029, 078C-0800-030, 078C-0800-031, 078C-0800- 032, 078C-0800-033, 078C-0800-034, 078C-0800-035, 078C-0800-036, 078C-0800-037, 078C-0800-038, 078C-0800-039, 078C-0800-040, 078C-0800-041, 078C-0800-042, 078C- 0800-043; Caltrans Parcel Group 5: Maitland Drive, Bunker Hill Court, Bunker Hill Boulevard and Central Boulevard; APNs: 445-0250-041-01, 445-0260-084-03, 445-0260- 018-04, 445-0270-054-02, 445-0250-060-00, 445-0250-059-01, 445-0260-109-04, 445- 0260-018-03, 445-0260-109-03, 445-0260-002-00; Caltrans Parcel Group 6: Carlos Bee Boulevard and Overlook Avenue; APN: 455-0180-001-00; 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 Caltrans Parcel Group 9: Apple and Oak Streets; APNs:
415-0160-001-00, 415 -0160-002-00, 415 -0160-003-00, 415 -0160-004-00, 415 -0160- 005-00, 415-0160-006-00, 415-0160-007-00, 415-0160-008-00, 415-0160-009-00, 415- 0160-010-00, 415-0170-002-00, 415-0170-003-00, 415-0170-004-00, 415-0170-005-00, 415-0170-006-00, 415 -0170-007-00, 415 -0170-008-00, 415 -0170-009-00, 415 -0170- 010-00, 415-0170-011-00, 415-0170-012-00; and 4) conference with labor negotiators pursuant to Government Code section 54957.6 regarding negotiations with all labor groups.
2 | A p r i l 23 , 202 4
City Attorney Lawson announced the Council met regarding Items 2, 3, 4 and 5 and took no reportable action. Mayor Salinas announced the Council met regarding Item 1 and took no reportable action. The closed session adjourned at 6:55 p.m.
PRESENTATIONS
Mayor Salinas presented certificates of commendation to three finalists, Ahtziry V. Ulloa, James Matthew Ferrer and Sudeshana Sijapati, of Hayward’s youth poetry contest. Mayor Salinas read a proclamation declaring April 2024 as Arts, Culture, and Creativity Month in the City of Hayward. Hayward Arts Council Executive Director Winda Shimizu accepted the proclamation on behalf of the Hayward Arts Council.
Mayor Salinas read a proclamation declaring the month of April 2024 as Fair Housing Month in the City of Hayward. Eden Council for Hope and Opportunity ( ECHO) Housing Fair Housing Coordinator Angie Watson-Hajjem and Bay East Association of Realtors President Barbara Clemons accepted the proclamation on behalf of ECHO Housing and Bay East Association of Realtors respectively.
Mayor Salinas read a proclamation declaring the week of April 14 through April 20, 2024, as National Public Safety Telecommunicators Week in the City of Hayward. Police Chief Matthews thanked the City for the special recognition and accepted the proclamation on behalf of the men and women of the Hayward Fire and Hayward Police Departments.
Mayor Salinas read a commendation for Bruce Roberts, Hayward’s First Poet Laureate, for his significant contributions of poetry and service to the City of Hayward. Bruce Roberts accepted the certificate of commendation and reflected on his journey as Hayward’s inaugural Poet Laureate.
Mayor Salinas introduced the second and new Poet Laureate of Hayward, Leticia Guzman, who thanked the City for the opportunity and read a poem about community.
PUBLIC COMMENTS
Carl Gorringe and Cristina Deptula announced Hayward's third annual Lit Hop event, scheduled for April 27, 2024, beginning at the Downtown Hayward Library Heritage Plaza , would introduce the new Poet Laureate and celebrate local talent performing at various historic downtown venues.
Peggy Guernsey expressed concern about the disposal of solar panels, highlight ing their toxicity, and voiced frustration over the lack of responses from City officials regarding the matter.
Jesse Gunn congratulated the City and the Keep Hayward Clean and Green Task Force for organizing the successful April 20, 2024 Citywide Cleanup event at Weekes Park, noting the strong community turnout.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
Tom Ferreira, on behalf of Hayward Concerned Citizens, offered a heartfelt farewell to City Manager McAdoo for her 14 years of dedicated service and commitment to Hayward.
Kay voiced concerns about the treatment of minority tenants facing evictions under allegedly false charges facilitated by large property management companies; and highlighted ongoing issues at Leisure Terrace Apartments criticizing the City for apparent neglect and failure to enforce tenant protections, rent stabilization, and building codes.
CITY MANAGER’S COMMENTS
City Manager McAdoo made four announcements: 1) she will be leaving Hayward to become the city manager in Santa Barbara, with her last day in Hayward being May 3, 2024; 2) the 41st annual Earth Day celebration held at Weekes Community Park on April 20, 2024, was successful with over 400 participants; 3) the Simme-Seat Pilot Program, installing seating at 12 priority bus stops will improve the transit waiting experience, based on the Alameda-Contra Costa Transit District (AC Transit) accessibility study; 4) El Dia del Niño celebration at the Hayward Public Library on April 25, 2024, with a bilingual family show, in partnership with Cascada de Flores and sponsored by First 5 Alameda County; and 5) the Library strategic planning process invites children 12 and under to contribute ideas for improving the Library through art, with a chance to win prizes and more information available on the Library’s website.
CONSENT
1. Approve the Minutes of the City Council Meeting on April 2, 2024 MIN 24-052 It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried by the following roll call vote, to adopt the City Council meeting minutes of April 2, 2024.
2. Adopt a Resolution Approving the Project List for FY 2025 Road Repair and Accountability Act (RRAA) Funding for the FY 2025 Pavement Improvement Project CONS 24-183
Staff report submitted by Public Works Director Ameri, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, 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
4 | A p r i l 23 , 202 4
Resolution 24-070, “Resolution Approving Project List for F Y25 Ro ad Repair and Accountability Act (RRAA) Funding for the FY25 Pavement Improvement Project”
3. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate Funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for Drinking Water and Wastewater Arrearages in an Amount Not-to-Exceed $1,514,975.36 CONS 24-184
Staff report submitted by Public Works Director Ameri, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, 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
Resolution 24-071, “Resolution Authorizing the City Manager to Accept and Appropriate Funds from the California Water and Wastewater Arrearage Payment Program for Drinking Water and Wastewater Arrearages in an Amount Not to Exceed $1,514,975.36”
4. Adopt a Resolution Approving the FY 2025 Measure BB Annual Paratransit Program Plan and Authorizing the City Manager to Execute FY 2025 Service Agreements for the Continued Provision of Measure BB Funded Paratransit Services CONS 24-201
Staff report submitted by Assistant City Manager Youngblood, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, 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
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
Resolution 24 -072, “Resolution Authorizing the City Manager to Implement an Annual Paratransit Plan and Negotiate and Execute All Documents Related to and in Support of Paratransit Activities Including the Administration of the Hayward Operated Paratransit (H OP) Program”
5. Adopt a Resolution Authorizing the City Manager to (1) Accept and Appropriate $6,206,508 in Grant Funding from the California Air Resource Board; and 2) Approve a Resource Contribution of $3,500 from Transportation System Improvement Fund 460 for the Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward Project Nos. 06937 and 06941 CONS 24-204
Staff report submitted by Public Works Director Ameri, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, 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
Resolution 24-073, “Resolution Authorizing the City Manager to Accept and Appropriate $6,206,508 in Grant Funding from the California Air Resource Board’s Clean Mobility in School and the Sustainable Transportation Equity Project Grant Programs; and 2) Approve a Resource Contribution of $3,500 from Fund 460 for the Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward Project No. 06937 and 06941”
6. Adopt a Resolution Affirming the Appointment of a New Hayward Poet Laureate and Establishing Protocol for the Selection of Hayward Poet Laureates Effective April 23, 2024 CONS 24-211
Staff report submitted by Library Services Director Jayanti, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried by the following roll call vote, to adopt the resolution.
6 | A p r i l 23 , 202 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-074, “Resolution to Establish Protocol for the Selection of Hayward Poet Laureates Moving Forward and to Affirm the Appointment of a New Hayward Poet Laureate for Two-Year Tenure Beginning April 23, 2024”
7. Adopt a Resolution Awarding a Contract to MCK Services, Inc., for the FY24 Pavement Improvement Project, Project No. 05242, in the Amount of $12,365,204.50 and Authorizing an Administrative Change Order Budget of $969,795.50 CONS 24-214
Staff report submitted by Public Works Director Ameri, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, 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
Resolution 24 -075, “Resolution Awarding a Contract to MCK Services, Inc., for the FY24 Pavement Improvement Project, Project No. 05242 in an Amount Not-To-Exceed $13,335,000”
8. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 6 to Increase Professional Services Agreement with Pavement Engineering, Inc., by $409,460, for a Total Not-to-Exceed Amount of $2,682,495 to Provide Engineering Services for the FY25 Pavement Improvement Project, Project No. 05338 CONS 24-218
Staff report submitted by Public Works Director Ameri, dated April 23, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried by the following roll call vote, to adopt the resolution.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-076, “Resolution Authorizing the City Manager to Execute Amendment No. 6 to Professional Services Agreement with Pavement Engineering, Inc., to Provide Engineering Services for the FY24 Pavement Improvement Project, Project No. 05338”
WORK SESSION
9. HHTF Continuation: Work Session Regarding the Term of Homelessness-Housing Taskforce (HHTF) WS 24-009
Staff report submitted by Development Services Director Buizer, dated April 23, 2024, was filed.
Development Services Director Buizer announced the report and introduced Housing Manager Morales, who provided a synopsis of the staff report.
Mayor Salinas acknowledged Council Members Syrop and Goldstein for serving on the Homelessness-Housing Task Force (HHTF) with him.
Mayor Salinas opened the public comment section at 8:18 p.m.
Collin Thormoto , a housing advocate and Community Services Commission er, urged the Council to elevate the HHTF to a permanent standing committee; emphasized that housing and homelessness are major concerns for residents; and highlighted the need for dedicated, ongoing focus without the extensive procedural requirements of full Council meetings.
Kay urged the Council to prioritize protecting the poor, weak, and defenseless against the interests of the wealthy, emphasizing the growing homelessness issue and accusing the Council of empowering landlords to disregard housing ordinances and failing to support tenants facing harassment.
Kay, on behalf of another speaker, highlighted ongoing issues where poor tenants face legal obstacles and lack access to public records and legal representation, emphasizing that these challenges contribute to homelessness and should be ended. 8 | A p r i l 23 , 202 4
Calvin Wong, Hayward resident, advocated for either maintaining the HHTF or transforming it into a more permanent entity, considering City staff limitations; voiced the importance of addressing and preventing homelessness; and suggested that while ultimate solutions may depend on national policy changes, a dedicated local body is crucial for developing strategies such as a rental registry.
Ro Aguilar expressed support for transforming the HHTF into a permanent standing committee, arguing that such a move would not hinder the City Council's ability to receive detailed housing-related input, but would rather enhance it by facilitating more structured and routine community participation, expediting decision-making processes.
Theresa Rezentes expressed support for giving the HHTF a short hiatus, pending new state mandates such as care courts to address drug abuse within the homeless population ; and highlighted the importance of continuing the relocation fund to assist residents affected by gentrification in Oakland and Hayward, moving to more affordable areas.
Mayor Salinas closed the public comment section at 8:37 p.m.
Members of the City Council offered appreciation for the work done by the HHTF and City staff.
Mayor Salinas discussed the origins and achievements of the HHTF, highlighting its role in addressing urgent housing and homelessness issues and developing significant policies like the residential rent stabilization ordinance; praised the taskforce's work, noting that it had achieved major advances in state policy goals and housing elements; and proposed pausing the Task Force to allow City policies to mature and staff to focus on other priorities, suggesting that the infrastructure is in place to reconvene the Task Force if necessary in the future.
Council Member Zermeño indicated his willingness to support the recommendations made by his colleagues on the HHTF and City staff , stating his belief that the taskforce should be maintained in some form, given the ongoing issues of homelessness and the need for affordable housing.
Council Member Roche emphasizing that housing and homelessness topics are central to Hayward's vision and strategic priorities; indicated openness to either maintaining the HHTF or transforming it into a committee, reflecting on its past success in influencing City policies; and received clarification that the practical difference between a taskforce and a committee is term limits.
Council Member Bonilla Jr. expressed support for reorganizing the HHTF into a committee with no term limit; highlighted the significant progress made by the HHTF over the past five years; and emphasized the critical, ongoing need to address homelessness and housing with urgency and continue to make it a strategic priority, given the enduring nature of the homelessness crisis.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
Council Member Syrop supported converting the HHTF into a permanent committee; highlighted his unique position as the only renter on the Council and a current HHTF member; argued that the HHTF’s yearly review makes its continuation vulnerable; and emphasized that reorganizing the taskforce into a committee would solidify the Council's commitment to housing and homelessness as a top priority.
Council Member Andrews acknowledged the concerns with ending the HHTF given the homeless-housing situation; noted that a potential reorganization of the taskforce would create a pause to establish specific goals for the committee; expressed interest for reviewing data such as point -in-time counts , the effectiveness of funded organizations, the impact of federal/regional decisions, and outcomes, should the HHTF convert to a committee; and noted the Downtown Working Group, created to address homelessness, could be engaged in the work of a potential committee.
Council Member Goldstein acknowledged the valuable work done by the HHTF and City staff during the housing and homeless-housing crisis, shifting funding priorities; highlighted the challenge of balancing the focus on these issues with other City priorities; mentioned a noticeable decline in community partner participation over the past year; and expressed support for the Mayor's suggestion to temporarily pause the t askforce to allow City staff to dedicate time to other important City issues, suggesting that the HHTF could reconvene if future developments or community needs warrant its reactivation.
Mayor Salinas acknowledged comments made and arguments for transitioning the HHTF to a committee; noted the status of the HHTF could be discussed by the ad hoc committee that will be formed to address City commissions/KHCG task forces; and emphasized the importance to evaluate the specific scope of work for the taskforce/committee and allow data to drive policy decisions.
Council Member Syrop proposed that the HHTF could refine its scope and staff could bring it back for Council’s approval.
Mayor Salinas was open to reconvening the HHTF to discuss its future more concretely.
Council Member Roche supported Council Member Syrop’s suggestion.
Council Member Bonilla Jr. also supported the suggestion and advocated for a timely review and actionable recommendations from the taskforce regarding meeting frequency, scope of work and data metrics/analysis to demonstrate progress.
Council Member Andrews clarified her position, suggesting a semantic distinction between a "pause" and a "reset," and indicated a preference for transforming the taskforce into a permanent committee.
10 | A p r i l 23 , 202 4
Housing Manager Morales clarified that due to the state of emergency, matters related to homelessness were expedited directly to the Council; and confirmed that Council was directing staff to seek Council’s authorization for one additional HHTF meeting to discuss its future and return to Council with the HHTF’s recommendation.
10. FY 2025 Strategic Roadmap: Discussion of Updates to Strategic Roadmap for FY 2025 WS 24-011
Staff report submitted by City Manager McAdoo, dated April 23, 2024, was filed.
City Manager McAdoo announced the item and introduced Assistant to City Manager Thomas who provided a synopsis of the staff report.
Mayor Salinas opened the public comment section at 9:05 p.m.
Ro Aguilar offered two suggestions for the proposed metrics and projects, 1) add a new item labeled HM4 for “the number of people not served or turned away by shelters due to capacity issues” under Objective 1 for homelessness; and 2) add to HM9 , “the number of affordable homeownership opportunities missed because the developer chose in-lieu fees over inclusionary housing.”
Rex Le thanked the Council for including in the proposed special projects the option of creating a rent registry, emphasizing its necessity for enforcing rent control laws and aiding both tenants and landlords.
Hannah Tinsley, Hayward resident, expressed support for the inclusion of the rent registry project in the strategic plan, highlighting its potential to position Hayward as a leader in housing policy; and noted the registry would benefit in improving landlord-tenant communications, data collection, access to funding and enforcement of housing ordinances and codes.
Kay advocated for a shift towards promoting homeownership over rental solutions, suggesting that stable mortgage payments could help alleviate homelessness and economic instability.
Mayor Salinas closed the public comment section at 9:15 p.m.
In response to Council Member Andrews’ inquiry about expanding the Hayward Evaluation and Response Teams (HEART) program to a 24-hour operation during the transition from pilot to permanent program, City Manager McAdoo indicated that the expansion hinges on service provider availability and securing permanent funding, but staff will continue to evaluate.
Council Member Andrews requested that the Economic Development team consider how to sustain the Open for Business program post ARPA funding; and confirmed the addition of the Downtown Working Group project (EP7), emphasizing the need f or integration of homelessness issues and collaboration with the HHTF.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
Council Member Zermeño emphasized the importance of regulating street vendors to support established restaurants and eateries, which would benefit the local economy; highlighted the need to address empty storefronts to activate unused spaces, thereby driving economic activity; and noted a lack of urgency in addressing the licensing of dispensaries, with only one operational despite approval for three; and asked for a report to the full Council on visioning for Cinema Place.
Council Member Roche expressed concerns about the challenges of prioritizing enforcement activities between street vendors and vacant properties; proposed potentially focusing more on vacant property enforcement if it proved more manageable and impactful than street vendor enforcement, given their static nature compared to the dynamic presence of street vendors; and suggested improving the City's facilitation of county-level enforcement, especially for issues like smoke nuisance from outdoor grills, which fall under County jurisdiction, to optimize City resources without overburdening staff.
Council Member Syrop engaged in a discussion about the City's Downtown Working Group, clarifying its role and querying about the inclusion of tenant-related building code enforcement in the City's work plan; raised concerns regarding the prioritization and scope of the work plan; suggested revisiting outdated ordinances, such as the cabaret ordinance, to enhance economic and recreational opportunities, advocating for a reshuffling of economic development/planning prioritization to better address community needs; and supported prioritizing vacant property enforcement over street vendor enforcement, suggesting that some responsibilities could be deferred to the County to optimize resource use.
Council Member Bonilla Jr. emphasized the importance of prioritization due to limited resources; agreed with previous members that vacant property enforcement should take priority over street vendor ordinance enforcement, noting the significant role of the County in the latter area ; suggested that collaborations with the County could enhance enforcement efforts in partnership; highlighted the importance of tobacco and cannabis enforcement as critical health and safety issues ; and proposed a review of ordinances that adversely affect economic development and residential business activities.
Council Member Andrews requested adding to SP7, under Object 1, discussion of mail theft at the Public Safety Committee; suggested, related to the item under NP3 concerning dog waste bag dispensers, partnerships with local agencies such as HARD and HUSD to manage areas heavily trafficked by dog walker; and emphasizing the need for better outreach to ensure residents are aware of how to use platforms such as Access Hayward for complaints.
City Manager McAdoo noted the U.S. Postal Service's efforts to address mail theft through a pilot program that involves RFID scanning technology for secure mail delivery and recommended advocating for the acceleration of th e program through federal representatives and incorporating them into conditions of approval.
12 | A p r i l 23 , 202 4
Mayor Salinas shared observations and concerns about street vending in Hayward ; detailed instances where vendors were set up in violation of City ordinances and the environmental impact due to the use of Styrofoam and other practices contrary to City regulations; recognized the efforts in education and gradual enforcement, but expressed a strong need for a shift from educational approaches to more direct enforcement and adherence to City standards; and highlighted the importance of prioritizing street vending to prevent further escalation that could overwhelm City resources.
Council Member Zermeño agreed with Mayor Salinas' concerns about street vending and supported a call for stricter enforcement, suggesting the possibility of dedicating a specific code enforcement officer to handle street vending issues to protect established businesses and ensure public health compliance.
The City Council took a recess at 9:52 p.m., and Mayor Salinas reconvened the meeting at 9:57 p.m.
PUBLIC HEARING
11. Community Agency Funding: Approval of FY 2025 Community Agency Funding Recommendations and the FY 2025 Annual Action Plan PH 24-019
Staff report submitted by Assistant City Manager Youngblood , dated April 23, 2024, was filed.
Community Services Manager Cole-Bloom announced the item and introduced Management Analyst Hwang who provided a synopsis of the staff report.
Council Member Syrop expressed interest in expanding the funding available in the General Fund for community agency-funded projects, acknowledging the growing requests over time.
City Manager McAdoo suggested that a strategic session could be ideal, potentially next spring, to comprehensively evaluate facility needs, social service requirements, and community priorities, especially considering financial projections following a potential renewal of Measure C.
Mayor Salinas opened the public hearing at 10:12 p.m.
Community Services Commission Chair Bruckner-Carrillo urged the Council to approve thoroughly vetted funding recommendations for community services; and acknowledged the three chairs of Application Review Committees (ARCs) by funding category and City staff who played significant roles in the review process.
Kay suggested redirecting efforts from strict code enforcement to supporting street vendors by converting vacant properties into affordable business spaces, suggesting this approach would help vendors legally operate, contribute rent and sales tax, and maintain productivity.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
Mayor Salinas closed the public hearing at 10:19 p.m.
Council Member Goldstein offered a motion per staff’s recommendation ; commended the Community Services Commission (CSC) and staff for their extensive behind-the-scenes work, including deliberations, research, and interviews, which contributed to the successful project recommendations presented to the Council; and suggested tracking the hours and efforts in future projects t o better recognize the significant contributions and thoughtful processes involved.
Council Member Bonilla Jr. seconded the motion; expressed appreciation for CSC members and efforts in managing community needs with limited resources and the equitable decision- making process used in the funding recommendations; and supported the continuation of technical assistance and streamlined application processes to ensure that community services effectively meet local needs, confidently endorsing the pr oposed Annual Action P lan and funding recommendations.
Council Member Roche thanked the CSC members for their diligent volunteer work throughout the funding cycle, commending their efforts in shaping the community service recommendations; supported the Annual Action Plan; and acknowledged the CSC's responsive approach to Council feedback on potential additional funding, particularly appreciating the consideration given to food services and senior support.
Council Member Zermeño thanked the CSC and City staff ; expressed support for increasing funding to meet the significant demand from organizations ; and encouraged looking into additional funding sources, including state funding, to bridge the gap between the $3 million requested and the limited funds available.
Council Member Syrop expressed gratitude for CSC and City staff and for their adept handling of the funding process despite staffing transitions; and emphasized the need to grow funds for new forms of military equipment and to support the community that is most in need.
Council Member Andrews thanked City staff for their extensive preparatory work ; acknowledged the efforts of the CSC ; highlighted the Downtown Streets Team for their multifaceted community service and was glad they were receiving funding ; requested additional support for Peace Haven Corporation, emphasizing the need for targeted help in crucial areas; called for better coordination in addressing food access through the Food Action Plan; and affirmed her support for the funding recommendations, highlighting the complex decision-making involved behind the scenes.
It was moved by Council Member Goldstein, seconded by Council Member Bonilla Jr., and carried by the following roll call vote, to adopt the resolutions.
14 | A p r i l 23 , 202 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24 -077, “Resolution Approving and Appropriating the Community Agency Funding – General Fund Recommendations for Fiscal Year 2025 in the Arts and Music and Social Services Funding Categories”
Resolution 24 -078, “Resolution Approving and Appropriating the Community Agency Funding Recommendations for Fiscal Year 2025 in the Community Development Block Grant (C DGB) Category and Authorizing the City Manager to Apply for Federal Assistance Under the Community Development Block Grant Program”
LEGISLATIVE BUSINESS
12. Council-Appointed Officer’s Employment Agreement: Adopt a Resolution Approving a New Employment Agreement between the City of Hayward and the Interim City Manager and Authorize the Mayor to Execute the Agreement LB 24-012
Staff report submitted by Human Resources Director Frye, dated April 23, 2024, was filed.
Human Resources Director Frye provided a synopsis of the staff report.
In response to Council Member Bonilla Jr. inquiry about the timeline for filling the Assistant City Manager position , City Manager McAdoo responded that IT Director Kostrzak would temporarily assume the role and Deputy IT Director Bolger would step into the IT Director position.
There being no public comment, Mayor Salinas opened and closed the public hearing at 10:37 p.m.
It was moved by Mayor Salinas, seconded by Council Member Bonilla Jr., 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
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 23, 2024, 7:00 p.m.
Resolution 24-079, “Resolution Approving the Employment Agreement between the City of Hayward and Interim City Manager and Authorizing the Mayor to Execute the Agreement”
COUNCIL REPORTS AND ANNOUNCEMENTS
Mayor Salinas expressed gratitude to City staff for organizing the successful Earth Day event at Weekes Park on April 20, 2024 , highlighting the participation of students from various schools, volunteers, and City departments.
Council Member Andrews made two announcements: 1) there were eight trees planted at the Earth Day event and expressed her appreciation to the Hayward Clean and Green Task Force and Hayward Area Recreation and Park District ( HARD); and 2 ) invited all to the upcoming Equity, and Antiracism in Education Resource Summit at Chabot College on April 27, 2024.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Salinas adjourned the Council meeting at 10:42 p.m. in memory of former Council Member Shirley J. Campbell (Hayward City Council 1980-1992). Shirley J. Campbell, longtime Hayward resident, served as a Hayward Area Recreation and Park District (HARD) Director 1972-1980, Hayward City Council 1980-1992, California Association of Recreation and Park Districts President, Bay Area Air Quality Management District Director; was active on the Hayward Council PTA, Project Eden Parents Against Drug Abuse and was the founding member of the HARD Foundation. Mayor Salinas noted staff would identify a place to plant a tree in her memory.
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 24-222
DATE: April 23, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving the Revised Community Workforce Agreement (CWA) between the City of Hayward and the Building and Construction Trades Council of Alameda County (BTC) and Authorize the City Manager to Execute the Revised CWA
RECOMMENDATION
On December 5, 2023, Council authorized a one-year extension of the existing Citywide Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County (BTC). This extension was requested by staff in order to subsequently negotiate revised terms of the CWA with the BTC. Staff has successfully negotiated with the BTC for a revised Agreement. Included in the revised Agreement are taking points which have been added to the revised CWA (Attachment III). Staff is recommending that Council approve the revised version of the CWA and authorize the City Manager to execute the revised CWA.
SUMMARY
On December 5, 2023, Council authorized a one-year extension of the existing Citywide Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County (BTC). This extension was requested by staff in order to subsequently negotiate revised terms of the CWA with the BTC. Staff has successfully negotiated with the BTC for a revised Agreement. Included in the revised Agreement are taking points which have been added to the revised CWA (Attachment III). Staff is recommending that Council approve the revised version of the CWA and authorize the City Manager to execute the revised CWA.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Community Workforce Agreement
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
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File #:CONS 24-222
CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving the Revised Community Workforce Agreement (CWA) between the City of Hayward and the Building and Construction Trades Council of Alameda County (BTC) and Authorize the City Man ager to Execute the Revised CWA
RECOMMENDATION
That Council approves the revised C ommunity Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC) and adopts a resolution (Attachment II) authorizing the City Manager to execute the revised CWA.
SUMMARY
On December 5, 2023, Council authorized a one -year extension of the existing Citywide Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County (BTC). This extension was requested by staff in order to subsequently negotiate revised terms of the CWA with the BTC. Staff has successfully negotiated with the BTC for a revised Agreement. Included in the revised Agreement are negotiation points which have been added to the revised CWA (Attachment I II). Staff is recommending that Council approve the revised version of the CWA and authorize the City Manager to execute the revised CWA.
BACKGROUND
CWAs have been utilized in the construction industry to assure that labor issues related to major construction projects are minimized and to help accomplish local hiring and apprenticeship goals. CWAs are a type of collective pre -hire bargaining agreement between project managers or owners and organized labor that outline a variety of employment and other working conditions with the express purpose of providing peaceful settlement of labor disputes and grievances without work stoppages, strikes, or lockouts; thereby allowing for the timely and cost-effective completion of projects. It is noteworthy that there has never been a work stoppage or strike on any City projects in recent history.
In April 20151, the Council directed staff to negotiate and execute a CWA with the BTC for the new main library.
That agreement included the following types of provisions:
Requirements that the contractor and subcontractors on the project use local union hiring halls to hire trades workers for the projects;
“Local Hire” provisions, encouraging the contractor to employ Hayward residents or Hayward Unified School District graduates;
Requirements that all hired workers pay union dues and receive other benefit trust fund contributions;
Management rights regarding employment procedures, including hiring, discipline, etc.;
Grievance and arbitration procedures to allow for timely resolution of disputes;
Standardized work rules and regulations; and
Provisions governing requirements around apprenticeships.
At Council’s direction, staff brought forward an item on February 23, 20162 that allowed for the discussion of creating a “Citywide” CWA that could apply to a broader scope of projects within the community. Staff received policy direction from the Council at that meeting regarding how a Citywide CWA might be structured. Subsequently, staff negotiated a CWA with the BTC, which included an effective date of July 6, 2017. Below is a summary of the key elements of the final negotiated CWA:
1) The Citywide CWA applies to City projects where the construction cost of the project exceeds one million dollars ($1,000,000) based on the Engineer’s Estimate.
2) The Citywide CWA does not apply to private development projects or to projects awarded/managed by another third-party public agency where the City has contributed funding.
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2 https://hayward.legistar.com/LegislationDetail.aspx?ID=2574917&GUID=CA735E50-7832-4222-BC26- %20F99567B99389&Options=&Search=
3) The City retains the ability to exempt certain specialty or unique projects from the CWA requirements as needed and upon approval by the Council. Staff and the BTC would first meet in good faith to discuss the exemption. However, if the parties fail to reach a consensus, staff would be able to bring the project to the Council for review and consideration.
4) During the duration of the Projects, the Union(s) and its members, agents, representatives and employees shall not incite, encourage, condone, or participate in any strike, walkout, slowdown, sit-down, stay-in, boycott, wobble, sympathy strike, picketing or other work stoppage or hand billing of any nature whatsoever, for any cause whatsoever (including jurisdictional disputes), and it is expressly agreed that any such action is a violation of the agreement.
5) A Joint Administrative Committee (JAC) comprised of two City representatives, two Union representatives, and one construction industry representative was established to review the implementation of the agreement and the progress of the projects. The JAC has the responsibility of monitoring the local hire and apprentice provisions of the agreement.
6) The agreement contains a goal that Hayward residents, and especially HUSD graduates, will perform a minimum of thirty (30%) percent of the hours worked on a craft-by-craft basis on the covered projects. Contractors shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre- apprenticeship/internship program for HUSD graduates. If a Contractor fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied.
Acceptable remedies include commitment to employ Hayward residents on non- City projects or acceptance of Hayward residents as new apprentices.
Contractors will be required under the agreement to hire one Hayward resident as a New Apprentice for the first one million dollars ($1,000,000) of construction costs with one additional apprentice for every five million dollars ($5,000,000) thereafter and with an assignment of a maximum of two New Apprentices to any one craft. A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice.
The BTC has also agreed to facilitate and encourage enrollment of least ten(10) Hayward residents or HUSD graduates into State approved Labor-Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.
The Citywide agreement was to expire on December 31, 2023. On December 5, 20233, Council authorized the City Manager to extend the agreement to December 31, 2024, to allow time for staff and the BTC to discuss any modifications and draft a revised CWA.
DISCUSSION
Staff successfully negotiated with the BTC and in good faith have agreed to the addition of the following negotiation points which were added to the CWA:
Article 2.3 – Covered Work
Section 2.3.4 - Add a requirement to “meet and confer, then if not resolved” before being subject to the grievance and arbitration process.
Article 5 Pre-Job Conference
Section 5.1 – Allow Pre-job conferences to be held using Teams, Zoom or some other form of teleconference.
Article 8 – Referral
General – City wants to require contractors to use a referral form that informs trade halls that the project is subject to a CWA with priorities, goals and preferences for hiring Hayward residents, HUSD grads, veterans and new Interns.
Section 8.8 – The City would like this section to reference the Union’s referral of a journeyman or apprentice, with priorities given to Hayward residents and/or Hayward Unified School District graduates. This is to reinforce the core purpose of the City’s participation in the CWA.
Article 11 Grievance Arbitration Procedure
Section 11.2 Step 3 –The list of acceptable arbitrators should be updated.
Article 13 – Local Hire and Apprentices
Section 13.4: The City wants to support efforts to increase the diversity of the construction work force by encouraging under-represented groups to enter the building trades.
Section 13.7: Require contractors to use an electronic program (by Elation Systems) to monthly craft utilization reports which include information related to the CWA hiring priorities.
General: there are a number of other suggested changes related to outreach, good faith efforts, offsite credits, penalties, negotiated compliance plans and federally funded projects.
Article 22 – Substance Abuse Prevention
Understanding that marijuana use is now legal, it is still unsafe and undesirable for anyone under the influence to be employed on a construction project. The CWA policy should maintain the threshold for Marijuana and follow US DOT, Drug 49 CFR Part 40, which has
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remained consistent. Marijuana is still a Schedule 1 substance under the Controlled Substances Act and is still prohibited.
Although not included in the revised CWA, a suggestion for consideration was that local hires also include residents residing in areas outside of the City of Hayward (Union City, San Leandro, San Lorenzo, Tri Valley Area - Dublin, Pleasanton, Livermore, and Oakland areas.) The inclusion of hires outside of the City of Hayward would receive 50% credit toward the local hire goal while graduates of Hayward High Schools living outside of Hayward city limits would receive 100% toward the local hire goal.
Staff is requesting that Council approve the revised Community Workforce Agreement and authorize the City Manager to execute the revised CWA.
Environmental Review
Staff has determined that this action is statutorily exempt from analysis under the California Environmental Quality Act (CEQA) for the reason that it is not a project. CEQA Guidelines, Section 15378(b)(5), states that a project does not include "Organizat ion or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” CEQA review will be completed separately for individual Public Works ’ projects subject to the Citywide CWA.
ECONOMIC IMPACT
There has been much debate over the years regarding the impacts of CWAs and their potential benefits (i.e., smoother management/labor relationships, increased local hiring, and improved pay and benefits to workers over and above that of a prevailing wage jo b).
Prior staff reports to Council have provided detail regarding project cost implications.
FISCAL IMPACT
This item will have no impact on the General Fund.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Priorities.
SUSTAINABILITY FEATURES
This item has no sustainability features.
PUBLIC CONTACT
No public contact has been made related to this item.
NEXT STEPS
If approved, the City Manager will execute the revised Community Workforce Agreement between the City of Hayward and the Building and Construction Trades Council of Alameda County.
Prepared by: Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member
RESOLUTION AUTHORIZING THE REVISED COMMUNITY WORKFORCE
AGREEMENT WITH THE ALAMEDA COUNTY BUILDING TRADES COUNCIL
WHEREAS, the City Council has expressed a strong desire to ensure labor peace during the construction of City public works projects; and
WHEREAS, the City Council has long been a solid supporter of labor rights, fair wages, and the creation of quality jobs in the community; and
WHEREAS, charter cities, like Hayward, have much more latitude to establish local bidding criteria to address other legitimate municipal concerns, such as to promote the hiring of local residents or the support of local business where possible; and
WHEREAS, the City Council over the last few years has expressed interest in being even more proactive regarding assuring quality wages on all City construction projects, supporting and procuring from local businesses, and protecting and increasing quality jobs for local residents; and
WHEREAS, the City and the Alameda County Building Trades Council have executed a citywide Community Workforce Agreement that expired on July 6, 2020; and
WHEREAS, by Resolution No. 21-013 on January 26, 2021 the citywide Community Workforce Agreement was extended to July 6, 2021, with an option for one six-month extension to December, 6, 2021; and
WHEREAS, by Resolution No. 22-080 on April 19, 2022, the citywide Community Workforce Agreement was extended to December 6, 2022; and
WHEREAS, by Resolution No. 22-293 on December 6, 2022, the citywide Community Workforce Agreement was extended to December 31, 2023; and
WHEREAS, by Resolution No. 23-263 on December 5, 2023, the citywide Community Workforce Agreement was extended to December 31, 2024; and
WHEREAS, City staff and the BTC have successfully negotiated language for a revision of the Community Workforce Agreement and requests execution of this revised Community Workforce Agreement.
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the revised citywide Community Workforce Agreement.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute any documents necessary to finalize and effectuate the Agreement, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA , 2023
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Hayward
APPROVED AS TO FORM:
City Attorney of the City of Hayward
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
1 COMMUNITY WORKFORCE AGREEMENT
FOR THE CITY OF HAYWARD
INTRODUCTION/FINDINGS
This Community Workforce Agreement is entered into this ____ day of _______________, 2024, by and between the City of Hayward (hereinafter the “City”), together with contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum A) (referred to herein as the “Contractor(s)/Employer(s)”), and the Building and Construction Trades Council of Alameda County (referred to herein as the “Council”) and the labor organizations that have executed this Agreement (referred to collectively herein as the “Union(s)”).
The purpose of this Agreement is to promote the efficiency of construction operations for the City of Hayward through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) covered by this Agreement.
WHEREAS, the timely and successful completion of the Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on the Project and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist; and WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Project if Union and non-union workers of different
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
2 employers were to work side by side on the Project, potentially leading to labor disputes that could delay completion of the Project; and
WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the City places high priority upon the development of comprehensive programs for the recruitment, training and employment of local area residents and military veterans, and recognizes the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, the contract(s) for construction work on the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Project;
NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:
ARTICLE I
DEFINITIONS
"Agreement" means this Community Workforce Agreement.
"Agreement to be Bound" means the agreement (attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.
"City" means the City of Hayward and its governing board, officers, agents and employees, including managerial personnel.
"Completion" means that point at which there is Final Acceptance by the City of a Construction Contract and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.
“Construction Contract” means the public works or improvement contract(s) (including design-bid, design-build, lease-leaseback or other contracts under which construction of the Project is done) awarded by the City that are necessary to complete the Project.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
3 "Contractor(s)/Employer(s)" or "Contractor(s)" or "Employer(s)" means any individual, firm, partnership or corporation (including the prime contractor, general contractor, construction manager, project manager, design-build entity, lease-leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, and all contractors and subcontractors of any tier. “Council” means the Building and Construction Trades Council of Alameda County.
“District Graduate” means a Hayward Resident or a Local Resident who has graduated from a Hayward Unified School District school within the last four years preceding the effective date of this Agreement.
“Hayward Resident” means any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of the City of Hayward. “Local Resident” means any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of any of the following cities: Union City, San Leandro, San Lorenzo, Dublin, Pleasanton, Livermore, and Oakland. “Master Agreement” or “Schedule A” means the Master Collective Bargaining Agreement(s) of each craft Union signatory hereto.
“New Apprentice” means an individual who is: (i) being sponsored into or has been enrolled in an apprenticeship program currently registered with the State of California’ s Division of Apprenticeship Standards; and (ii) has worked no more than twelve (12) months in the applicable craft or trade.
"Project" means City projects paid for in whole or in part by City funds, where either the engineer’s estimate of the total cost of the project or the cumulative bid amount(s) submitted by the contractor(s) awarded the Construction Contract(s) for the Project, exceeds one million dollars ($1,000,000). All Construction Contracts required to complete an integrated Project shall be considered in determining whether this threshold is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein.
“Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on the Project and the implementation of this Agreement. “Sole Operator” means a licensed contractor with no employees and exempted by the Contractor’s State License Board from the requirement to carry workers’ compensation insurance. (See: California Business and Professions Code section 7125.) “Union” or “Unions” means the Building and Construction Trades Council of
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
4 Alameda County and the labor organizations that become signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.
ARTICLE II
SCOPE OF AGREEMENT
2.1 Parties: This Agreement applies to and is limited to all Contractors/Employers performing Construction Contracts on the Project (including subcontractors at any tier), and their successors and assigns, the City, the Council, and the Unions signatory to this Agreement.
2.2 Applicability: This Agreement governs all Construction Contracts awarded on the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.
2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, geotechnical and exploratory drilling, soils and materials testing and inspection, temporary HVAC, landscaping and temporary fencing, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start-up, modular furniture installation, and final clean-up. Covered Work includes work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project.
2.3.1 This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project performed after Completion, unless performed by City employees.
2.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).
2.3.3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, this Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
5 2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XII and XIII of this Agreement shall apply to such work.
2.3.5 The on-site installation or application of all items shall be performed by the craft having jurisdiction over such work as set forth under the provisions of this Agreement; provided, however, that the installation of specialty items which may be furnished by the Contractor shall be performed by construction persons employed under this Agreement who may be directed by other personnel in a supervisory role; further, provided, however, in limited circumstances requiring special knowledge of the particular item(s), work may be performed by construction persons of the vendor or other companies where necessary to protect a manufacturer’s warranty, provided, however, that the vendor or manufacturer has demonstrated by an enumeration of specific tasks that the work cannot be performed by craft workers employed under this Agreement. The issue of whether it is necessary to use construction persons of the vendor or other companies shall be subject to the grievance and arbitration clause of this Agreement; however, prior to filing a grievance for an alleged violation of this provision, the applicable parties shall meet and confer to informally resolve the dispute. Work subject to manufacturer’s warranty shall be discussed during the pre-job conference.
2.4 Exclusions: The following shall be excluded from the scope of this Agreement.
2.4.1 This Agreement shall not apply to work performed by the City’s own employees as permitted by the Public Contract Code.
2.4.2 This Agreement shall not apply to a Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman (unless covered by a Master Agreement).
2.4.3 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city, or other governmental bodies or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.
Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.
2.4.4 This Agreement shall not apply to the off-site maintenance of leased equipment and on-site supervision of such work.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
6 2.4.5 Termination, Suspension and/or Delay of Work: It is understood and agreed that the City, at its sole option, may change, terminate, delay and/or suspend any and all portions of the covered work at any time. Furthermore, the City may prohibit some or all work on certain days or during certain hours of the day to comply with applicable codes, laws or regulations, permits or to accommodate the ongoing operations of the City’s facilities and/or to mitigate the effect of the ongoing Projects’ work on the businesses and residents in the neighborhood of the Project sites; and/or require such other operational or schedule changes that may be deemed necessary, in its sole judgment, to effectively maintain the primary purpose of the City’s facilities and to remain a good neighbor to the residents and businesses in the area of the Projects. In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the affected Contractor and Union(s) with reasonable notice of any changes it requires pursuant to this section.
2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of Construction Contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project. A copy of all invitations to bid shall be provided to the Council at the time of issuance.
ARTICLE III
EFFECT OF AGREEMENT
3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.
3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.
3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.
3.4 (a) With regard to any Contractor that is independently signed to any Master Agreement, this Community Workforce Agreement shall in no way supersede or prevent the enforcement of any subcontracting clause contained in such Master Agreement, except as specifically set forth in subsection (b) of this Section. Any such subcontracting clause in a Master Agreement shall remain and be fully enforceable between each craft union and its signatory employers, and no provision of this Community Workforce Agreement shall be
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
7 interpreted and/or applied in any manner that would give this Community Workforce Agreement precedence over subcontracting obligations and restrictions that exist between craft unions and their respective signatory employers under a Master Agreement, except as specifically set forth in subsection (b) of this Section 3.4. To the extent that the provisions of this Agreement are inconsistent with any other provisions contained in a Master Agreement, the provisions of this Agreement shall prevail.
(b) If a craft union (hereafter "Aggrieved Union") believes that an assignment of work on this Project has been made improperly by a contractor or subcontractor, even if that assignment was as a result of another craft union's successful enforcement of the subcontracting clause in its Master Agreement, as permitted by subsection (a) of this Section 3.4, the Aggrieved Union may submit a claim under the jurisdictional resolution process contained in Article 12 of this Community Workforce Agreement, and the decision rendered as part of that process shall be enforceable to require the contractor or subcontractor that made the work assignment to assign that work prospectively to the Aggrieved Union. An award made to a craft union under the subcontracting clause of its Master Agreement, as permitted pursuant to Section 3.4(a) of this Article, shall be valid and fully enforceable by that craft union unless it conflicts with a jurisdictional award made pursuant to this Community Workforce Agreement. If the award made under the Master Agreement conflicts with the jurisdictional award, the award of any damages under the former shall be null and void ab initio.
3.5 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.
3.6 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.
3.7 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply.
ARTICLE IV
WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS
4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
8 4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other facility of City because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.
4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.
4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.
4.1.4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business day’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers’ or their subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.
4.1.5 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for the unauthorized acts of employees it represents.
4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
9 4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 12.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.
4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.
4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.
4.2.4 The sole issue at the hearing shall be whether or not a violation of Section
4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.
4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.
4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
10 4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.
4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
ARTICLE V
PRE-JOB CONFERENCES
5.1 Timing: The Project Manager shall convene and conduct a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below. The pre-job conference shall be held at a location and time mutually agreeable to the Council. Upon mutual agreement of the applicable parties, the pre-job conference may be conducted via Microsoft Teams, Zoom, or another teleconferencing platform.
The pre-job conference shall be conducted at least fourteen (14) calendar days prior to:
(a) The commencement of any Project work, and
(b) The commencement of Project work on any subsequently awarded Construction Contract.
5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.
5.3 The pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;
(e) The estimated start and completion dates of the work; and (f) Discussion of pre-fabricated materials.
5.4 Review Meetings: The City and the Council shall have the right to call a meeting of the appropriate parties to ensure the terms of this Agreement are being fulfilled.
ARTICLE VI
NO DISCRIMINATION
6.1 The Contractors/Employers and the Unions agree to comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on the Project.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
11 ARTICLE VII
UNION REPRESENTATION AND REFERRAL
7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.
7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.
7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project.
7.4 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.
7.5 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.
7.6 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately direct such worker(s) to the appropriate Union hiring hall to be referred for work on the Project.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
12 7.7 In the event that a Contractor/Employer has its own core employees, the Contractor/Employer may request by name, and the local union will honor, referral of persons who demonstrate the following qualifications:
(1) Possess any license and/or certifications required by state or federal law for the Project work to be performed; and
(2) Have worked a total of at least one thousand (1,000) hours in the construction craft during the prior three (3) years; and
(3) Were on the Contractor/Employer’s active payroll for at least sixty (60) days out of the one hundred and eighty (180) calendar days prior to the contract award; and
(4) Have the ability to perform safely the basic functions of the applicable trade.
(5) Are Hayward Residents.
7.8 The Union will refer to such Contractor/Employer one journeyman employee from the hiring hall out-of-work list for the affected trade or craft, and will then thereafter refer one of such Contractor/Employer’s “core” employees as a journeyman and shall repeat the process, one and one, until such Contractor/Employer’s crew requirements are met or until such Contractor(s)/Employer(s) has hired no more than five (5) “core” employees, whichever occurs first. Thereafter, all additional employees in the affected trade or craft shall be hired exclusively from the hiring hall out-of-work lists(s). For the duration of the Contractor/Employer’s work, the ratio shall be maintained and when the Contractor/Employer’s workforce is reduced, employees shall be reduced in the same ratio of core employees to hiring hall referrals as was applied in the initial hiring. Contractor(s)/Employer(s) signatory to a Master Agreement with Union(s) signatory hereto shall be bound to use the hiring hall provisions contained in the relevant collective bargaining agreement of the affected Union(s), and nothing in the referral provisions of this Agreement shall be construed to supersede the local hiring hall provisions of the Master Agreement, as they relate to such Contractor(s)/Employer(s). Any exceptions requested to this process must be referred to the JAC for review.
7.9 The parties agree to a goal that Hayward Residents, and especially District Graduates, will perform a minimum of thirty (30%) percent of the hours worked on the Projects (the “Local Hire Goal”). Fifty (50%) percent of the work hours performed by Local Residents will be credited towards the Local Hire Goal. If a Local Resident is a District Graduate, then one hundred (100%) percent of the work hours they perform will be credited towards the Local Hire Goal. Contractor(s)/Employer(s) shall make good faith efforts to reach the Local Hire Goal through the utilization of the Union’s hiring hall procedures. The Unions shall make good faith efforts in their recruiting and training of Hayward Resident workers and in their hiring hall procedures to facilitate the Local Hire Goal on the Projects. The parties shall cooperate to establish or support a pre-apprenticeship/internship program for District Graduates. If a Contractor/Employer fails to meet the Local Hire Goal or demonstrate a good faith effort, there will be a ten (10%) percent contract retention withheld until the Local Hire Goal is remedied.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
13 Acceptable remedies include: commitment to employ Hayward residents on non-City projects or acceptance of Hayward residents as new apprentices.
7.10 Contractors/Employers that have employed a Hayward Resident for up to six (6) months preceding the start of the Project for a minimum of at least one hundred (100) hours per month who has the ability to perform safely the basic functions of the applicable trade may receive credit for fifty (50%) percent of those hours towards the Local Hire Goal. A Contractor/Employer may also receive credit for fifty (50%) percent of the documented hours performed by Hayward Residents on non-City projects, when such hours are concurrent with the Contractor/Employer’s work on the Project. The maximum total combined credit that can be applied under this section is half of the Local Hire Goal.
7.11 It is the responsibility of Contractors/Employers to document all requested dispatches and the Union’s response. The Unions agree to use the Craft Dispatch Request Form (attached hereto as Addendum B) for dispatch requests. Such documentation shall be provided to the City by the Contractor/Employer within ten (10) days of request by the City.
ARTICLE VIII
WAGES AND BENEFITS
8.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s).
8.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 8.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).
8.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.
8.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.
8.5 Work on Fire Sprinkler Systems: All inspections on a Fire Sprinkler System shall be performed by an ASSE 15000 certified Sprinkler Fitter who is registered with the Office of the California State Fire Marshall. All testing and/or maintenance performed on any Fire
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
14 Sprinkler System shall be performed by an individual who has graduated from a state-approved apprenticeship program. All apprentices working on fire protection systems shall be registered with a state-approved apprenticeship program.
ARTICLE IX
JOINT ADMINISTRATIVE COMMITTEE
9.1 The parties to this Agreement shall establish a five (5) person Joint Administrative Committee. This Committee shall be comprised of two (2) representatives selected by the City; two (2) representatives selected by the Unions; and one (1) industry representative mutually agreed to by the parties. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum of the Joint Administrative Committee shall consist of three members, comprising at least one representative from the City and one representative from the Building Trades Council.
9.2 The Joint Administrative Committee shall meet as required, but not less than once each quarter, to review the implementation of the Agreement and the progress of the Projects.
Any question by any party to the Agreement regarding the meaning, interpretation or application of the provisions of this Agreement shall be referred directly to the Joint Administrative Committee for review and recommendation. The Joint Administrative Committee will also have the responsibility of monitoring the provisions in Article VII and X.
ARTICLE X
APPRENTICES
10.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.
10.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.
10.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.
10.4 Community Workforce Partnerships: The parties recognize the need to build within the City a pipeline to careers in the construction industry. Such efforts would serve the parties’ mutual goals of providing career opportunities and of developing adequate numbers of competent workers in the construction industry. In furtherance of these goals, the parties agree to work together in good faith, and in partnership with the Construction Trades Workforce Initiative (“CTWI”), and in conjunction with other interested City community-based organizations, to identify and develop an initiative or multiple initiatives to connect Hayward Residents and
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
15 District Graduates with careers in the Building and Construction Trades, with a particular focus on providing opportunities to disadvantaged individuals.
10.5 Contractor(s)/Employer(s) are required to hire one Hayward resident as a New Apprentice for the first 1 million dollars ($1,000,000) of construction costs with one additional apprentice for every $5 million dollars ($5,000,000) thereafter (capped at 2 per craft). A minimum of 50% of the applicable Apprentice hours on any project must be worked by the Hayward New Apprentice. Any modifications to these requirements must be agreed to by the JAC. There shall be no more than two New Apprentices for each craft, and the General Contractor/Employer shall be entitled to include New Apprentices hired by their subcontractors to meet this requirement. The City will refer the names of District Graduates and/or Hayward Residents to the Union and Contractor(s)/Employer(s), and the Unions agree to cooperate with the Contractor/Employer in furnishing apprentices as requested. The hiring, supervision and compensation of apprentices shall be in accordance with the Apprenticeship Programs in the Master Agreements. The Contractor/Employer may deploy the Hayward New Apprentice to work on another concurrent project in order to meet the minimum hours, and those hours will be counted towards the total hours of the craft on the City project. The failure of the City to refer names and/or the Unions to provide those apprentices upon request will relieve the Contractor/Employer of this First-Period Apprentice hiring responsibility. The Contractor/Employer shall make good faith efforts to hire Apprentices for a minimum of six (6) months or 1,000 labor hours.
10.6 The Council shall encourage the enrollment of at least ten (10) Hayward residents or District Graduates into State approved Labor-Management Apprenticeship programs during each year of the agreement term and facilitate placing them on a job site.
10.7 Contractors/Employers who hire Hayward Resident First-Period Apprentices shall be credited with two (2) work hours towards the Local Hire Goal, for each hour worked by the Hayward Resident First-Period Apprentices.
10.8 The intent of the apprentice requirement is to employ new apprentices to the fullest extent permissible by state law and the Master Agreements. The failure of the Contractor/Employer and its subcontractors to maintain qualified apprentices on the Project will be subject to Division of Apprenticeship Standards’ penalties and further penalties as determined by the Joint Administrative Committee. Contractors/Employers, Unions and the Building Trades Council shall use good faith efforts to retain apprentices employed pursuant to this Agreement and advance those apprentices to journeyman status.
10.9 It shall be the responsibility of Contractors/Employers to report and document compliance with this Article. Contractors/Employers shall submit reports to the City on a monthly basis on an open electronic platform that is uniform and centralized with a module that is capable of properly collating and distilling the requested data outputs:
(i) Certified Payroll Reports; and
(ii) Reports containing the number of workers who satisfy the City’s Project specific apprenticeship and workforce training goals.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
16 (iii) In the event the City does not currently utilize such software, the City shall work with the Council to identify and implement the software and its requisite module. The City shall oversee the platform and be responsible for requiring Contractors/Employers to upload timely reports into the system as part of their regular payment application process. The Council and its affiliated local Unions shall be provided login access to ensure reporting accuracy.
10.10 Contractors/Employers may request a negotiated compliance plan if compliance with the requirements of this Article is unreasonable or poses difficulty due to safety. In this case the Contractor/Employer will make the request in writing for a meeting with the Joint Administrative Committee prior to the commencement of work. The Joint Administrative Committee will then review this request, and if there is consensus, will approve the negotiated compliance plan, that the Contractor/Employer will sign off on. This new document will become the new local hiring requirements that the Contractor/Employer will have to meet or risk being in non-compliance.
ARTICLE XI
HELMETS TO HARDHATS
11.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.
11.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.
ARTICLE XII
COMPLIANCE
12.1 It shall be the responsibility of the Contractors/Employers and Unions to investigate and monitor compliance with the provisions of Article VIII of this Agreement.
Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contra ctors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City shall monitor and enforce the Contractors/Employers’ compliance with state prevailing wage requirements as well as this Agreement.
ARTICLE XIII
GRIEVANCE ARBITRATION PROCEDURE
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
17 13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIII, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.
13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.
13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.
13.4 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.
Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.
Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
18 1. William Riker
2. Carol Vendrillo
3. Morris Davis
4. Barry Winograd
5. David Weinberg
13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.
13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.
13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.
13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail.
The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.
13.9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.
ARTICLE XIV
WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES
14.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
19 14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.
14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Andrea Dooley, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.
14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.
14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.
ARTICLE XV
MANAGEMENT RIGHTS
15.1 Consistent with the Schedule A agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.
ARTICLE XVI
DRUG AND ALCOHOL TESTING
16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.
16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.
16.3 The use, sale, transfer, purchase and/or possession of cannabis or a related substance at any time during the work day is prohibited. Drug tests and screens that detect non- psychoactive cannabis metabolites, which are the metabolites left in the body after it metabolizes tetrahydrocannabinol (THC), shall not be used as a basis for discipline. Workers shall only be
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
20 subject to discipline for testing positive on a drug test or screen that is designed to detect current impairment or active THC levels.
ARTICLE XVII
SAVINGS CLAUSE
17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.
17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.
17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.
ARTICLE XVIII
TERM
18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project.
18.2 This Agreement shall apply until the Completion of each Project in accordance with Sections 1.4 and 2.2.
18.3 This Agreement shall become effective on the day it is executed by the City and the Council. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Council shall meet to discuss proposed changes, if any, to the Agreement. Absent changes or termination, the Agreement will roll over for an additional five (5) years.
ARTICLE XIX
MISCELLANEOUS PROVISIONS
19.1 Section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
21 19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.
19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.
19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.
[SIGNATURES TO FOLLOW]
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
22 CITY OF HAYWARD
By:
Date:
BUILDING AND CONSTRUCTION TRADES
COUNCIL OF ALAMEDA COUNTY
By:
Date:
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
23 [UNION SIGNATURES]
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
24 Addendum A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Hayward Community Workforce Agreement
Agreement to be Bound
Dear ________________:
The undersigned confirms that it agrees to be a party to and bound by the City of Hayward Community Workforce Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section
8.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).
The obligation to be a party to and bound by the Agreement shall extend to all work covered by the City of Hayward Community Workforce Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________
ATTACHMENT III
Community Workforce Agreement
for the City of Hayward
25 Addendum B
CRAFT DISPATCH REQUEST FORM
CITY OF HAYWARD PROJECT STABILIZATION AGREEMENT
REQUEST FOR CRAFT EMPLOYEES
To the Contractor:
Please complete and transmit this form to the applicable Union to request craft workers that fulfill all hiring requirements of the City of Hayward Project Stabilization Agreement. After transmitting your request, call the Local Union to verify receipt and substantiate their capacity to furnish categories of workers as requested. Please print your completed Craft Dispatch Request Form and keep a copy of this request for your records.
To:
Name of Union: _______________ Fax# ____________________ Date: ________________
From:
Name of company: ______________ Name of individual sending request: __________________ Contractor Phone# _____________
Please provide me with Union craft workers per the City of Hayward Project Stabilization Agreement’s hiring requirements, to assist in fulfillment of project requirements as defined below:
Hayward Residents (any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of the City of Hayward.)
Local Residents (any individual who at any time during the Projects’ construction can certify through a utility bill or other similar means acceptable to the parties that the individual resides within the boundaries of any of the following cities: Union City, San Leandro, San Lorenzo, Dublin, Pleasanton, Livermore, and Oakland.)
District Graduates (any Local Resident or Hayward Resident who has graduated from a Hayward Unified School District school within the last four years preceding the effective date of this Agreement.)
New Apprentices (an individual who is: (i) being sponsored into or has been enrolled in an apprenticeship program currently registered with the State of California’ s Division of Apprenticeship Standards; and (ii) has worked no more than twelve (12) months in the applicable craft or trade.)
General Dispatch (Union craft employees dispatched per normal dispatch procedures not including the above)
Job/Craft Description Number Requested Number
Requested
Number
Requested
Number
Requested
Number
Requested
Total Number
Requested
Report
Date
Report Time
Hayward Resident District Graduate Local Resident New Apprentice General Dispatch
Please have worker(s) report to the following work address indicated below:
_______________________________________________________________________________
Comments or special requirements
_______________________________________________________________________________ 135703\1466640
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-251
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Project Sentinel for Fiscal Year 2025 in an Amount Not-to-Exceed $180,000 to Provide Mediation, Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and Mobilehome Space Rent Stabilization Ordinance
RECOMMENDATION
That the Council adopts a resolution (Attachment II) to authorize the City Manager to execute an agreement with Project Sentinel to provide mediation and arbitration services, administrative support, and outreach and educational services related to the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and Mobilehome Space Rent Stabilization Ordinance (MRSO) in an amount not-to- exceed $180,000 for Fiscal Year 2025.
SUMMARY
As part of the RRSO, the City provides a mandatory mediation program with binding arbitration to resolve rent increase disputes for tenants of covered rental units upon rent increases greater than five percent. Project Sentinel currently administers the RRSO rent dispute resolution process, including providing mediation and arbitration services, administrative support, and outreach and education support. Project Sentinel has reliably provided these services for many years and their current contract with the City will expire on June 30, 2024.
Since Council adopted the RRSO in July 2019, Project Sentinel has increased their cost rate beginning FY 2023, to accommodate the increase in rent review petitions after the conclusion of the last eviction moratorium. There had been an increase in volume and complexity of rent dispute resolution petitions submitted by tenants and landlords since FY 2020, resulting in a significant increase in demand on Project Sentinel without any corresponding increase to their capacity or accounting for inflation in costs since 2019. For FY 2025, Staff has accounted for an increase of $20,000 in the proposed operating budget to adjust for inflation and to account for the additional hours required to complete complex multi-party mediations and arbitrations. The RRSO establishes timeframes in which the City must respond to petitions and move them through the rent dispute resolution process. An increase in petition volume CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
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File #:CONS 24-251
without an increase in organizational capacity puts the City at risk of not meeting the timelines mandated by the RRSO.
The Project Sentinel agreement is paid from the Rent Review Fund and funded by payments from the annual Residential Rent Stabilization Fee. The fee supports the administration of the RRSO, the Mobilehome Space Rent Stabilization Ordinance (MRSO), and the Tenant Relocation Assistance Ordinance (TRAO). The Operating Budget will cover the cost associated with this contract with Project Sentinel. The total fiscal impact will be equal to the amount budgeted for FY 25, and there is no additional impact to the Rental Housing Program Fund.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
powered by Legistar™
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: RRSO Mediation Services: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Project Sentinel for Fiscal Year 2025 in an Amount Not-to-Exceed $180,000 to Provide Mediation, Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and Mobilehome Space Rent Stabilization Ordinance
RECOMMENDATION
That the Council adopts a resolution (Attachment II) to authorize the City Manager to execute an agreement with Project Sentinel to provide mediation and arbitration services, administrative support, and outreach and educational services related to the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and Mobilehome Space Rent Stabilization Ordinance (MRSO) in an amount not-to-exceed $180,000 for Fiscal Year 2025.
SUMMARY
As part of the RRSO, the City provides a mandatory mediation program with binding arbitration to resolve rent increase disputes for tenants of covered rental units upon rent increases greater than five percent. Project Sentinel currently administers the RRSO rent dispute resolution process, including providing mediation and arbitration services, administrative support, and outreach and education support. Project Sentinel has reliably provided these services for many years and their current contract with the City will expire on June 30, 2024.
Since Council adopted the RRSO in July 2019, Projec t Sentinel has increased their cost rate beginning FY 2023, to accommodate the increase in rent review petitions after the conclusion of the last eviction moratorium. There had been an increase in volume and complexity of rent dispute resolution petitions submitted by tenants and landlords since FY 2020, resulting in a significant increase in demand on Project Sentinel without any corresponding increase to their capacity or accounting for inflation in costs since 2019. For FY 2025, Staff has accounted for an increase of $20,000 in the proposed operating budget to adjust for inflation and to account for the additional hours required to complete complex multi-party mediations and arbitrations.
The RRSO establishes timeframes in which the City must respond to petitions and move them
through the rent dispute resolution process. An increase in petition volume without an increase in organizational capacity puts the City at risk of not meeting the timelines mandated by the RRSO.
The Project Sentinel agreement is paid from Rent Review Fund and funded by payments from the annual Residential Rent Stabilization Fee. The fee supports the administration of the RRSO, the Mobilehome Space Rent S tabilization Ordinance (MRSO), and the Tenant Relocation Assistance Ordinance (TRAO). The Operating Budget will cover the cost associated with this contract with Project Sentinel. The total fiscal impact will be equal to the amount budgeted for FY 25, and there is no additional impact to the Rental Housing Program Fund.
BACKGROUND
On June 19, 2019, City Council approved adding Chapter 12 to the Hayward Municipal Code to adopt a new Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) to mitigate displacement of Hayward residents. 1 Included in the RRSO is a mediation and binding arbitration program in which tenants living in units covered by the residential rent threshold provision of the ordinance (Section 12-1.05) have access to free mediation services when they receive a rent increase greater than five percent. The MRSO also includes an arbitration program. The City entered into agreements with Project Sentinel to support the City in its administration of the RRSO and MRSO since before FY 2018. Each year, staff provide an RRSO implementation update to the Homelessness-Housing Task Force (HHTF). The RRSO implementation update from the December 2023 HHTF meeting provides a more detailed discussion of Project Sentinel’s role and the implementation of the RRSO.2
DISCUSSION
As part of the RRSO, the City provides a mandatory mediation program with binding arbitration to resolve rent increase disputes for tenants of covered rental units upon rent increases greater than five percent. Project Sentinel currently administers the mediation and arbitration program and provides educational workshops to advise tenants and landlords of their rights and responsibilities under the City’s RRSO. A key component of the work Project Sentinel does to support the City’s implementation of the RRSO is ensuring that petitions move through the workflow within the timeframes established by the RRSO and contracting with a panel of mediators and arbitrat ors to provide services established under the RRSO and MRSO.
1 June 19, 2019 City Council Meeting Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3985848&GUID=52D1B678-D6BB-401A-AB3C- 8990885C0CDD&Options=ID|Text|&Search=rent+stabilization
2 December 7, 2023, Homelessness-Housing Task Force Staff Report and Attachments:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6441051&GUID=8D8DD8E0-BA0D-472C-BB98- 71F2639FD70F&Options=&Search=
The City has been in contract with Project Sentinel since before FY 2018, with their scope expanding in FY 2020 to account for the adoption of the new RRSO in July 2019. Project Sentinel has increased their cost rate beginning FY 2023 to accommodate the increase in rent review petitions after the conclusion of the last eviction moratorium . Due to rising cost inflation, Staff has accounted for an increase of $20,000 in the proposed FY 2025 Operating budget to adjust for inflation and increase in time required to complete complex multi-party mediation and arbitrations.
Staff recommends Council adopt a resolution authorizing the City Manager to negotiate and execute an agreement with Project Sentinel to support implementation of the RRSO and MRSO in FY 2025.
ECONOMIC IMPACT
There is no immediate economic impact with consideration of this report.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing.
This item is not specifically related to a project identi fied in the Strategic Roadmap. Staff is bringing forth this item because the contract with Project Sentinel is necessary for implementing the RRSO.
FISCAL IMPACT
There are sufficient funds budgeted in the proposed FY 2025 Operating Budget to cover the cost associated with this item, and there is no additional impact to the Rental Housing Program Fund.
PUBLIC CONT ACT
There has been no public comment related to this item.
NEXT STEPS
If this item is approved, Staff will enter into an agreement with Project Sentinel to provide the services described in this report.
Prepared by: Ayush Patel, Management Analyst I
Recommended by: Adam Kostrzak, Acting Assistant City Manager Sara Buizer, AICP, Director of Development Services
Christina Morales, Housing Division Manager
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH PROJECT SENTINEL IN AN AMOUNT NOT -TO-EXCEED $180,000 TO PROVIDE MEDIATION, ARBITRATION, AND EDUCATION
SERVICES RELATED TO THE RESIDENTIAL RENT STABILIZATION AND
TENANT PROTECTION ORDINANCE AND MOBILEHOME SPACE RENT
STABILIZATION ORDINANCE
WHEREAS, an Agreement with Project Sentinel since before 2018 was executed to administer the City’s Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and the Mobile home Space Rent Stabilization Ordinance (MRSO) and to provide administrative support, develop a curriculum and provide education regarding tenant and landlord rig hts and responsibilities, and mediation and arbitration services to resolve disputes regarding rent increases; and
WHEREAS, there has been an increase in volume and complexity of rent review petitions in addition to inflation costs since the RRSO was adopted in July 2019; and
WHEREAS, there are sufficient funds budgeted in the proposed FY 202 5 Operating Budget to cover the cost associated with this agreement with no additional impact to the Rental Housing Program Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to execute an Agreement for Fiscal Year 202 5 with Project Sentinel, in a form approved by the City Attorney, for a total not -to-exceed amount of $1 80,000, to Provide Mediation, Arbitration, and Education Services Related to the Residential Rent Stabilization and Tenant Protection Ordinance and Mobilehome Space Rent Stabilization Ordinance.
ATTACHMENT II
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 24-252
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Adopt a Resolution Authorizing an Extension to the Term of the Homelessness Housing Task Force (HHTF) through June 2024
RECOMMENDATION
That the City Council adopts a resolution authorizing an additional meeting for the Homelessness Housing Task Force (HHTF) to discuss the continuation and term of the expired HHTF...End
SUMMARY
Staff recommends that the City Council adopts the attached resolution authorizing an additional meeting to take place on a date in June 2024 to be defined for the Homelessness Housing Task Force (HHTF) to discuss whether the HHTF should be maintained as a temporary task force and extend the term, convert it to a standing committee of a City Council, or allow the term of the HHTF to lapse without further action.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
powered by Legistar™
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Adopt a Resolution Authorizing an Extension to the Term of the Homelessness Housing Task Force (HHTF) through June 2024
RECOMMENDATION
That the City Council adopts a resolution authorizing an additional meeting for the Homelessness Housing Task Force (HHTF) to discuss the continuation and term of the expired HHTF .
SUMMARY
Staff recommends that the City Council adopts the attached resolution authorizing an additional meeting to take place on a date in June 2024 to be defined for the Homelessness Housing Task Force (HHTF) to discuss whether the HHTF should be maintained as a temporary task force and extend the ter m, convert it to a standing committee of a City Council, or allow the term of the HHTF to lapse without further action.
BACKGROUND
On January 29, 2019, 1 the City Council established the Homelessness -Housing Council Task Force (HHTF) to address the homeless-housing crisis. The HHTF met on a quarterly basis for a two-year period. Council extended the timeframe of the HHTF twice through consent. The first extension occurred on December 8, 2020, 2 in which Council approved a two -year extension through March 2023. On February 7, 2023,3 Council approved a one-year extension
1 January 29, 2019 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3846296&GUID=CA787A4B-E77D-4818-BC82- B022B6B4649D
2 December 8, 2020 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4711809&GUID=0131C7CC-7CF2-4D08-B76D- 6979B7979BEA&Options=&Search=
3 February 7, 2023 City Council Meeting Agenda and Materials:
of HHTF through March 2024, at which point the HHTF would determine the future of the task force. The HHTF had scheduled to discuss the future of the task force at the March 2024 meeting; however, due to the cancellation of the March 2024 HHTF quarterly meeting, HHTF members did not have an opportunity to discuss the body’s future. Consequently, the term of the task force has since lapsed.
On April 23, 2024, 4 Staff presented before the Council the options that the full body should consider converting the task force into a committee, reestablishing the task force on its limited-term basis, or disbanding the task force (allowing Staff to refer relevant agenda items to the full Council directl y). The Council discussed the ongoing concern s with housing, especially the layered concerns with the City’s homelessness crisis as factors to consider for determining the future of the Task Force. Council determined that they would like staff to facilitate an additional meeting with the HHTF for members to discuss the future of the Task Force and return to the Council with a recommendation.
DISCUSSION
Following Council’s direction during the April 2024 City Council Meeting, Staff requests an authorization for extending the term of the Task Force to June 2024 to accommodate an additional meeting with the task force prior to Council recess . The purpose of this meeting would be for the task force to determine:
If the HHTF should continue, be converted to a taskforce, or disband, and The purpose or goals for the body should they elect to extend the term or convert it to a standing committee.
Staff heard feedback from the members of the public and Council members. Most public commenters expressed a desire to convert the HHTF into one of the Council ’s standing committees due to the longstanding issues surrounding homelessness and housing that have persisted within the Hayward community. Furthermore, public commenters shared that a committee could allow for a prospective committee to drive housing policy.
During the April 2024 City Council meeting, several members of the Council desired additional information regarding homelessness through the Task Force. Members expressed concerns with ensuring the items related to homelessness are sufficiently addressed. Given the feedback from Council and the current State of Emergency on homelessness, adopted by Council in January 2024, Community Services staff r ecommend that items related to the
https://hayward.legistar.com/LegislationDetail.aspx?ID=6016042&GUID=C496D77A-40FE-428C-A02A- 8857121D52B9&Options=&Search=
4 April 23, 2024 City Council Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6642371&GUID=A5C506D8-AE00-47BF-B889- 9F3856C0DE90&Options=ID|Text|&Search=
City’s homelessness response go directly to Council for the duration of the State of Emergency.5 Staff plan to bring a comprehensive homelessness response update to Council at the end of calendar year 2024 which will cove r Point -in-Time Count data and state of emergency updates along with program updates for the Hayward Navigation Center, Keep Hayward Housed shallow subsidy program, HEART , Homekey award for a scattered site program, and the St. Regis project. Staff will al so share updates on affordable housing development accomplishments and pipeline and eviction prevention efforts. The goal of this update will be to share updates with the full Council and give all Councilmembers the opportunity to ask questions, provide in put, and share concerns regarding the City ’s comprehensive efforts to prevent and respond to homelessness.
ECONOMIC IMPACT
There is no immediate economic impact with the consideration of this report.
STRATEGIC ROADMAP
This agenda item pertains to the Strategic Priority of Preserve, Protect & Produce Housing.
FISCAL IMPACT
There is no initial fiscal impact with the consideration of this report.
PUBLIC CONT ACT
On January 29, 2019, the Council reviewed and discussed staff ’s recommendation to establish t he HHTF . No public comments were received on this agenda item. Over the duration of the task force’s terms, public participation has diminished.
NEXT STEPS
If Council provides authorization to allow an the HHTF to convene for an additional meeting, Staff will schedule a meeting in June 2024 to discuss the future of the HHTF with task force members. Staff will return to the full Council with the recommendation from the HHTF before the end of September 2024.
5 January 30, 2024 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6497824&GUID=27C372BA-05E2-4727-B184- 0EB72948365B&Options=&Search=
Prepared by: Ayush Patel, Management Analyst I
Recommended by: Adam Kostrzak, Acting Assistant City Manager Sara Buizer, AICP, Director of Development Services
Christina Morales, Housing Division Manager
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member ____________
RESOLUTION AUTHORIZING THE EXTENSION OF THE COUNCIL
HOMLESSNESS-HOUSING TASK FORCE THROUGH JUNE 2024
WHEREAS, by Resolution No. 19-020, dated January 29, 2019, the City Council of the City of Hayward established the Homelessness -Housing Task Force for a two -year period beginning in March 2019 through March 2021 to help facilitate a more in -depth evaluation of options to address the current homelessness-housing crisis;
WHEREAS, by Resolution No. 20-219, dated December 8, 2020, the City Council of the City of Hayward approved an extension of the Homelessness-Housing Task Force for a two- year period through March 2023 to continue to address homelessness and housing concerns in the City of Hayward;
WHEREAS, by Resolution No. 23-027, dated February 7, 2023, the City Council of the City of Hayward approved an extension of the Homelessness-Housing Task Force for a one- year period through March 2024 to continue to address homelessness and housing concerns in the City of Hayward;
WHEREAS, the term of the Homelessness -Housing Task Force has expired and the City Council desires to extend the Council Homelessness -Housing Task Force through June 2024 and to hold one additional meeting to determine next steps.
NOW, THEREFORE, BE IT RESOLVED, that the Council authorizes the extension of the Council Homelessness-Housing Task Force through June 2024 with currently assigned members of the task force.
ATTACHMENT II
2 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 24-253
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Awarding a Construction Contract to QA Constructors, Inc. for the Alves Street and Leighton Street Drainage Improvements, Project No. 07794, in the Amount of $132,250 and Approving an Administrative Change Order Budget of $32,750.
RECOMMENDATION
That the Council adopts a resolution (Attachment II) Awarding a construction contract for the Alves Street and Leighton Street Drainage Improvements Project to QA Constructors, Inc., in the amount of $132,250, and authorizing an administrative change order budget of $32,750 for a total not-to-exceed contract amount of $165,000.
SUMMARY
This Project proposes drainage improvements by constructing a valley gutter at the intersection of Alves Street and Leighton Street. The Project will also include street pavement grading at the intersection to allow for more optimal drainage from the residential houses to the valley gutter.
On April 23, 2024, the project received five (5) bids. Staff recommends that Council award the contract to the responsible low bidder, QA Constructors, Inc., of San Francisco, CA in the amount of $132,250 and authorizing an administrative change order budget of $32,750.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
powered by Legistar™
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Awarding a Construction Contract to QA Constructor, Inc. for the Alves Street and Leighton Street Drainage Improvements, Project No. 07794, in the Amount of $132,250 and Approving an Administrative Change Order Budget of $32,750.
RECOMMENDATION
That the Council adopts a resolution (Attachment II) Awarding a construction contract for the Alves Street and Leighton Street Drainage Improvements Project to QA Constructors, Inc., in the amount of $132,250, and authorizing an administrative change order budget of $32,750 for a total not-to-exceed contract amount of $165,000.
SUMMARY
This Project proposes drainage improvements by constructing a valley gutter at the intersection of Alves Street and Leighton Street. The Project will also include street pavement grading at the intersection to allow for more optimal drainage from the residential houses to the valley gutter.
On April 23, 2024, the project received five (5) bids. Staff recommends that Council award the contract to the responsible low bidder, QA Constructors, Inc., of San Francisco, CA in the amount of $132,250 and authorizing an administrative change order budget of $32,750.
BACKGROUND
The Maintenance Services Department’s (MSD) Streets Division received numerous complaints of rainwater flooding the frontage of the properties at the intersection of Alves Street and Leighton Street. After the January 2023 heavy rainfall season, the property owners raised a concern that the water was pooling up the driveways. The adopted FY24 Capital Improvement Program budget includes a project budget appropriation of $250,000 (Fund 405) to address the concerns and develop a solution for the Alves Street and Leighton Street Drainage Improvements.
DISCUSSION
The as-built drawings for the project location show the surface runoff was intended to collect at the intersection of Alves Street and Leighton Street and continue flowing down Leighton Street to a storm drain catch basin on Silva Avenue. Currently, the surface runoff collects in front of driveways and gutters and does not continue flowing down Leighton Street. Upon investigation, the City determined that the street re-pavement process over the years created a crown at a higher elevation preventing the runoff from flowing toward Leighton Street. This project will re-grade the intersection in addition to adding a valley gutter to help mitigate the surface runoff towards Leighton Street.
Council approved the plans and specifications and call for bids on March 26, 2024. On April 23, 2024, five (5) bids were received ranging from $132,250 to $218,540. QA Constructors, Inc., of San Francisco, CA, submitted the lowest bid in the amount of $132,250, which was 20% lower than the Engineer’s Estimate of $165,000. Apena Engineering submitted the second lowest bid in the amount of $149,740, which is 9% lower than the Engineer’s Estimate.
This project is categorically exempt from environmental review pursuant to Section 15301(c) of the CEQA Guidelines because it is a project consisting of repair, maintenance or minor alteration of existing structures or facilities and involves negligible or no expansion of the existing use.
ECONOMIC IMPACT
Improvements to the intersection will eliminate the need for the MSD’s Streets Division to respond to neighborhood concerns and eliminate the need for the Division to use resources to frequently clean and maintain said area. The improvement of surface runoff will also prolong the life span of the sidewalk and roadway, especially since the roadway was repaved less than 10 years ago.
FISCAL IMPACT
The adopted FY24 CIP budget includes a project budget appropriation of $250,000 (Fund 405) to address the concerns and develop a solution for the Alves Street and Leighton Street Drainage Improvements.
The estimated project costs are as follows:
Construction Contract $132,250
Contingencies 32,750
Design and Administration 35,000
Inspection, Survey, and Testing 50,000
TOTAL $250,000
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure.
SUSTAINABILITY FEATURES
This project will improve the drainage flow in the neighborhood and reduce ponding. Reducing ponding will maximize the longevity of the new paved road, and will minimize the amount of resources needed to repair the road in the future.
PUBLIC CONTACT
Immediately after the construction contract is awarded, a preliminary notice explaining the project will be distributed to the residences adjacent to the limits of work. After the construction work has been scheduled, residents will be notified at least seven-two hours prior to actual commencement of work.
SCHEDULE
The estimated schedule for this project is as follows:
Award Construction Contract May 21, 2024
Begin Construction June 2024
Complete Construction July 2024
NEXT STEPS
After staff evaluates the bid results, staff will return to Council with the recommendation for award of the construction contract.
Prepared by: Kevin Yoshiki; Assistant Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24- _____
Introduced by Council Member _
RESOLUTION AWARDING C ONSTRUCTION CONTRACT TO QA
CONSTRUCTORS, INC., FOR ALVES STREET AND LEIGHTON STREET DRAINAGE IMPROVEMENT , PROJECT NO. 07794 IN THE AMOUNT OF $132,250 AND APPROVING AN ADMINSTRATIVE CHANGE ORDER BUDGET OF $32,750
WHEREAS, by Resolution No. 24-054, on March 26, 2023 the City Council approved plans and specifications for Alves Street and Leighton Street Drainage Improvements Project No. 07794 and called for bids to be received by April 23, 2024; and
WHEREAS, on April 23, 2024, five (5) bids were received ranging from $ 132,250 to $218,540. The low bid, submitted by QA Constructors, Inc., is approximately 20% below the Engineer’s Estimate of $165,000. The second lowest bid, submitted by Apena Engineering, is approximately 9% lower than the Engineer’s estimate.
NOW, THEREFORE, BE IT RESOLVED by the City Council that QA Constructors, Inc., of San Francisco, CA is hereby awarded the contract for the Alves Street and Leighton Street Drainage Improvements Project No. 07794, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the price named and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected.
BE IT FURTHER RESOLVED that the expenditure of $32,750 for Administrative Change Orders is hereby authorized.
BE IT FURTHER RESOLVED by the City Council that the Director of Public Works is authorized to expend up to $ 250,000 for construction, construction contingencies, construction administration, inspection, and testing to complete the project.
BE IT FURTHER RESOLVED that the project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.
ATTACHMENT II
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 24-257
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for On-Call Airport Planning and Environmental Services which will Extend the Termination Date to June 30, 2026
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc., (Kimley-Horn) for on-call airport planning and environmental services which will extend the termination date to June 30, 2026.
SUMMARY
The City entered into a PSA with Kimley-Horn on June 27, 2022 to assist with planning and environmental services for some of its airport-related capital projects. The use of on-call consultants at the Airport is consistent with past practice due to their expertise and knowledge of Federal Aviation Administration (FAA) regulations and standards, and for other reasons. Due to requested revisions from staff pertaining to forecasts contained in the draft Airport Layout Plan (ALP), assistance with the preparation of federal grants, as well as other forthcoming airport-related projects, staff is requesting a contract amendment to continue receiving these services.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
powered by Legistar™
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with Kimley-Horn and Associates, Inc., for On-Call Airport Planning and Environmental Services which will Extend the Termination Date to June 30, 2026
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc., (Kimley-Horn) for on-call airport planning and environmental services which will extend the termination date to June 30, 2026.
SUMMARY
The City entered into a PSA with Kimley-Horn on June 27, 2022 to assist with planning and environmental services for some of its airport-related capital projects. The use of on-call consultants at the Airport is consistent with past practice due to their expertise and knowledge of Federal Aviation Administration (FAA) regulations and standards, and for other reasons. Due to requested revisions from staff pertaining to forecasts contained in the draft Airport Layout Plan (ALP), assistance with the preparation of federal grants, as well as other forthcoming airport-related projects, staff is requesting a contract amendment to continue receiving these services.
BACKGROUND
The Airport has employed the use of both consultants and in-house engineering and design staff in the past to assist with various Airport-related capital projects. The Airport requires the use of on-call consultants for their design and planning expertise and knowledge of constantly changing FAA regulations and standards.
In early 2022, Airport staff and the Finance Department’s Purchasing Division distributed a RFQ to aviation consultants in accordance with City procurement policy and FAA guidance.
After reviewing and considering the merits of each RFQ received, Kimley-Horn was selected as the consultant and the City entered into an agreement with the firm on June 27, 2022.
DISCUSSION
Kimley-Horn was tasked with working on two projects during the length of the initial two- year contract: the development of an updated ALP, and an analysis of the Remote Transmitter Receiver (RTR) installation at the Airport. Work is progressing on both the RTR installation and the ALP Update , with the ALP Update requiring the following tasks to be completed before both items can be reviewed and ultimately approved by the FAA.
Airport Layout Plan with Narrative
The ALP with Narr ative provides an inventory of Ai rport facilities including buildings, runways, taxiways, and aircraft parking aprons. The ALP also depicts the locations of potential capital projects.
The ALP Update will ensure Airport facilities conform to current FAA design standards.
Kimley-Horn is assisting in the preparation of the ALP Update, in accordance with FAA requirements.
Original projections noted that all work was to be completed by June 30, 2024. However, staff determined that several items associated with the forecasts, such as future traffic growth, needed further analysis, which would exceed the expiration date of the contract.
Other Airport-Related Services
Kimley-Horn has effectively responded to several occasions that required interpretation of FAA policies and design standards and evaluating impacts to the airport. It would be beneficial to continue to have expert advice on other administrative projects, such as assistance with applying for federal grants, that arise over the next two fiscal years.
ECONOMIC IMPACT
Projects identified in the ALP will ultimately generate work for skilled and unskilled tradespeople during the construction phase.
FISCAL IMPACT
All of the costs pertaining to the on-call consultant agreement as well as the additional amount for the ALP Update will be brought to Council as a separate action in late June.
The Airport is operated as a financially independent Enterprise Fund. It receives no financial support from the City’s General Fund and must solely rely on the revenue it generates to fund its annual operating and capital improvement budgets. FAA regulations require the Airport to be as financially self-sustaining as possible, which is also an objective of Council. There is no fiscal impact associated with this extension.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap priority to Invest in Infrastructure.
Specifically, Invest in City Facilities & Property, Section N12, Upgrade and Maintain Airport Infrastructure and facilities.
SUSTAINABILITY FEATURES
The Airport is strongly committed to developing projects that are environmentally responsible. Therefore, staff will ensure that all plans proposed by future developers incorporate features that are in line with the City’s sustainability guidelines.
PUBLIC CONTACT
The agenda and staff report for this item have been posted on the City’s website and distributed to interested parties. In addition, key new development projects, such as the Skywest property and the former California Air National Guard (CANG) site, have been discussed with Council and the community over the past several years.
NEXT STEPS
If Council approves this request, the City Manager will execute Amendment No. 1 to the PSA with Kimley-Horn, which will extend the agreement through June 30, 2026.
Prepared by: Doug McNeeley, Airport Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-______
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC . FOR O N-CALL AIRPORT PLANNING
AND ENVIRONMENTAL SERVICES AT HAYWARD EXECUTIVE AIRPORT , WHICH WILL EXTEND THE TERMINATION DATE TO JUNE 30, 2026
WHEREAS, the City of Hayward (“City”) owns and operates Hayward Executive Airport (“Airport”); and
WHEREAS, The Airport has employed the use of both consultants and in -house engineering and design staff in the past to assist with various Airport -related capital projects; and
WHEREAS, the Airport requires use of outside consultants for their design and planning expertise and knowledge of constantly changing FAA regulations and standards, and
WHEREAS, According to City procurement policy and FAA guidance, Airport staff and the Purchasing Division distributed a Request for Qualifications (RFQ) to aviation consultants; and
WHEREAS, after reviewing and considering the merits of each RFQ received, Kimley- Horn was selected as the consultant and entered into an agreement with the City on June 27, 2022; and
WHEREAS, Kimley-Horn will be tasked with working on two primary projects during the length of this two-year contract. The first will be the development of an updated ALP, and the second is an analysis of the Remote Transmitter Receiver ( RTR) installation at the Airport; and
WHEREAS, Kimley-Horn will also be utilized in the event an interpretation of new FAA policies and procedures and evaluate impacts to the airport is required; and WHEREAS, Kimley-Horn will require additional time and expense to complete various forecasts associated with the ALP Update; and
WHEREAS, this effort will continue past the Professional Services Agreement termination date of June 30, 2024; and
ATTACHMENT II
WHEREAS, Kimley-Horn has successfully completed other on -call projects over the course of the contract and will be allowed to continue providing such services past the Professional Services Agreement termination date of June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to execute Amendment No. 1 to the Professional Services Agreement (PSA) with Kimley-Horn and Associates, Inc., (Kimley-Horn) for on-call airport planning and environmental services, which will extend the termination date to June 30, 2026, in a form to be 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 #: CONS 24-259
DATE: May 21, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Adding Article 22, Chapter 8 to the Hayward Municipal Code Regarding Water and Wastewater Enterprise Revenue Bond Law
RECOMMENDATION
That the Council adopts the Ordinance introduced on May 7, 2024.
SUMMARY
This item entails adoption of an Ordinance adding Article 22, Chapter 8 to the Hayward Municipal Code regarding Water and Wastewater Enterprise Revenue Bond Law, introduced on May 7, 2024, by Council Member Bonilla Jr.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Published Ordinance
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Adding Article 22, Chapter 8 to the Hayward Municipal Code Regarding Water and Wastewater Enterprise Revenue Bond Law
RECOMMENDATION
That the Council adopts the Ordinance introduced on May 7, 2024.
SUMMARY
This item entails adoption of an Ordinance adding Article 22, Chapter 8 to the Hayward Municipal Code regarding Water and Wastewater Enterprise Revenue Bond Law, introduced on May 7, 2024, by Council Member Bonilla Jr.
BACKGROUND
The Ordinance was introduced by Council Member Bonilla Jr., at the May 7, 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.
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, May 17, 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:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE
CITY COUNCIL OF THE CITY OF HAYWARD
ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA ADDING ARTICLE 22, CHAPTER 8 OF
THE HAYWARD MUNICIPAL CODE REGARDING WATER AND WASTEWATER ENTERPRISE
REVENUE BOND LAW
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8 of the Hayward Municipal Code is added to read as follows:
CHAPTER 8, ARTICLE 22
WATER AND WASTEWATER ENTERPRISE REVENUE BOND LAW
8-22.101 - TITLE.
This Article may be cited as the City of Hayward Water and Wastewater Enterprise Revenue Bond Law.
8-22.102 - PURPOSE AND INTENT.
8-22.103 - DEFINITIONS.
8-22.104 - GENERAL POWERS.
8-22.105 - AUTHORIZATION AND TERMS OF BONDS.
8-22.106 - NO ELECTION.
8-22.107 - BOND INSURANCE.
8-22.108 - PERSONAL LIABILITY.
8-22.109 - LIMITED LIABILITY.
8-22.110 - REFUNDING BONDS.
8-22.111 - SALE OF THE BONDS.
8-22.112 - LIBERAL CONSTRUCTION.
8-22.113 - COMPLETE, ADDITIONAL, AND ALTERNATIVE METHOD.
ATTACHMENT II
8-22.114 - VALIDITY OF BONDS.
8-22.115 - AMENDMENT OF ARTICLE.
8-22.116 - ARTICLE CONTROLLING.
8-22.117 REVENUE BONDS EXCLUDED FROM BONDED INDEBTEDNESS OF CITY. 8-22.118 - SEVERABILITY.
SECTION 2. California Environmental Quality Act (CEQA). The City Council independently finds and determines that this action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, as an activity that is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
The general exemption applies in this instance because it can be seen with certainty that there is no possibility that the proposed amendments could have a significant effect on the environment, and thus are not subject to CEQA. Thus, it can be se en with certainty that the proposed project would not have a significant effect on the environment.
SECTION 3. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
SECTION 4. This Ordinance shall become effective on the 30th day following the date of its passage and adoption.
Introduced at a regular meeting of the City Council of the City of Hayward, held the 7th day of May 2024, by Council Member Bonilla Jr.
This Ordinance will be considered for adoption at a meeting of the Hayward City Council, to be held on May 21, 2024, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtuall y via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.
Dated: May 17, 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 24-260
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the Hayward Area Recreation and Park District for Operations and Maintenance of Certain Landscape and Lighting Assessment District Parks
RECOMMENDATION
That the Council adopts a resolution (Attachment II), authorizing the City Manager to negotiate and execute a Maintenance of Understanding (MOU) Agreement (Attachment III) with the Hayward Area Recreation and Park District (HARD) for operations and maintenance of certain Landscape and Lighting Assessment District (LLAD) Parks.
SUMMARY
The City and HARD first entered into a MOU in 2016 for Twin Bridges Park (LLAD 7), Gordon E. Oliver Eden Shores Park (LLAD 10), and Alden E. Sports Park (LLAD 12). Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites per an agreed-upon annual maintenance cost funded from the respective LLAD budgets. The current MOU was due to expire on June 30, 2023 but was extended for one year through June 30, 2024 while a successor agreement was developed. The City and HARD staff worked collaboratively to outline the terms and mutually agreed upon maintenance standards that comprise a new five-year MOU. Staff is requesting the approval to enter into the new MOU effective July 1, 2024.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Maintenace of Understanding
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the Hayward Area Recreation and Park District for Operations and Maintenance of Certain Landscape and Lighting Assessment District Parks
RECOMMENDATION
That the Council adopts a resolution (Attachment II), authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) (Attachment III) with the Hayward Area Recreation and Park District (HARD) for operations and maintenance of certain Landscape and Lighting Assessment District (LLAD) Parks.
SUMMARY
The City and HARD first entered into a MOU in 2016 for Twin Bridges Park (LLAD 7), Gordon E. Oliver Eden Shores Park (LLAD 10), and Alden E. Sports Park (LLAD 12). Through the agreement, HARD assumes the responsibility of operating and maintaining the park sites per an agreed-upon annual maintenance cost funded from the respective LLAD budgets. The current MOU was due to expire on June 30, 2023 but was extended for one year through June 30, 2024 while a successor agreement was developed. The City and HARD staff worked collaboratively to outline the terms and mutually agreed upon maintenance standards that comprise a new five-year MOU. Staff is requesting the approval to enter into the new MOU effective July 1, 2024.
BACKGROUND AND DISUCSSION
On January 8, 2016, the City and HARD entered into a MOU for the operations and maintenance standards of parks in three LLADs: Twin Bridges (LLAD 7), Gordon E. Oliver Eden Shores Park (LLAD 10), and Alden E. Sports Park (LLAD 12). The MOU was valid for five years with options to renew that ultimately expired on June 30, 2023. On August 15, 2023, Council adopted Reso. 23-209 authorizing the City Manager to negotiate and execute an amendment to the MOU for one-year and include SoHay Park (LLAD 18), which was accepted by both the City and HARD in April 2022.
Since then, City and HARD staff expressed a desire and commitment to work collaboratively to implement the shared vision of providing Hayward residents with the opportunity to participate in quality recreational activities and access to high-quality neighborhood parks and open spaces. The City and HARD acknowledge the benefits of extending their working relationship to provide equitable services throughout the City. On May 20, 2024, the HARD Board authorized the execution of a new five-year MOU, with options to extend, effective July 1, 2024. City staff is now requesting the authorization to also enter into the new MOU.
FISCAL AND ECONOMIC IMPACT
This item has no impact on the General Fund. Upon Council approval, the annual LLAD Budget Process will adopt the required maintenance and utility budgets for each park through the life of the MOU. Thie Council hearings for the annual LLAD budget process occur in June.
This item has no direct economic impact. However, high-quality park maintenance provides a positive economic impact to the City by sustaining an overall environmentally-friendly aesthetic that helps reduce the effects of greenhouse gasses, fire hazards, and blight. It also helps increase property value and provides safe open spaces for recreation and physical activity.
STRATEGIC ROADMAP AND SUSTAINABILITY FEATURES
This item is a routine operational item and does not directly support Council’s Strategic Priorities or has significant sustainability features.
NEXT STEPS
If Council approves this item, the City Manager will negotiate and execute a new five-year MOU with HARD, effective July 1, 2024.
Prepared by: Manny Grewal, Management Analyst
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
______________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
NSHAYWARD CITY COUNCIL
RESOLUTION NO. 24-___
Introduced by Council Member _______
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AMENDMENT TO THE M EMORANDUM OF UNDERSTANDING
WITH THE HAYWARD AREA RECREATION AND PARK DISTRICT FOR
OPERATIONS AND MAINTENANCE OF CERTAIN LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT (LLAD) PARKS
WHEREAS, the City and Hayward Area Recreation and Park District (HARD) first entered into a Memorandum of Understanding (MOU) in 2016 for Twin Bridges Park, Gordon E. Oliver Eden Shores Park, and Alden E. Sports Park; and,
WHEREAS, the MOU was set to expire with the Master Lease Agreement (MLA) on June 30, 2023; and,
WHEREAS, on August 15, 2023, the MOU was amended to extend for one year and include SoHay Park; and,
WHEREAS, the aforementioned parks and funded through the respective Landscape and Lighting Assessment Districts (LLAD), specifically LLAD #7, 10, 12, and 18; and,
WHEREAS, staff recommends entering into a new five -year MOU, with options to extend, to continue the collaborative efforts between the City and HARD for recreational outdoor operations and maintenance.
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 a new Memorandum of Understanding with the Hayward Area Recreation and Park District for operations and maintenance of certain Landscape and Lighting Assessment District Parks , effective July 1, 2024.
ATTACHMENT II
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
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND THE
HAYWARD AREA RECREATION AND PARK DISTRICT REGARDING THE OPERATION AND
MAINTENANCE OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT PARKS, SPECIFICALLY: TWIN BRIDGES PARK, GORDON E. OLIVER EDEN SHORES PARK, ALDEN E.
OLIVER SPORTS PARK, AND SOHAY PARK
THIS MEMORANDUM OF UNDERSTANDING ( “MOU”) is made and entered into as of this _ 1st day of July, 20 24, hereafter referred to as the "Effective Date," by and between the CITY OF HAYWARD, a municipal corporation, located in the County of Alameda, State of California, hereinafter designated as "City," and the HAYWARD AREA RECREATION AND PARK DISTRICT, an independent special district organized pursuant to the laws of the State of California, hereinafter designated as "District." City and District are referred to individually herein as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, chapter 4 of division 5 of the Public Resources Code of the State of California (“Public Resources Code”) authorizes and empowers any city and recreation district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and
WHEREAS, District is the local parks and recreational service provider for the City of Hayward; and WHEREAS, District and City have a shared vision and mutual interest in providing Hayward residents with the opportunity to participate in recreation activities and access high -quality outdoor areas and developing a unified equitable approach to serving the community's recreational and outdoor needs; and WHEREAS, since December 1944, District and City have collaborated to address youth and community needs for developing and maintaining parks and open spaces and providing recreational opportunities; and
WHEREAS, City and District entered into a Maintenance of Understanding dated July 1, 2016 (the “2016 MOU”) specifically for the purpose of clarifying standards and processes for maintenance of Twin Bridges Park, Gordon E. Oliver Eden Shores Park, and Alden E. Oliver Sports Park; and WHEREAS, City and District desire to terminate the 2016 MOU and replace it with this MOU setting forth the terms and conditions for District’s operation and maintenance of Twin Bridges Park, Gordon E.
Oliver Eden Shores Park, Alden E. Oliver Sports Park and SoHay Park , all as further described in Exhibit “A”, which is attached hereto and incorporated herein (collectively, the “Parks”) , and City’s reimbursement of District’s costs of maintenance of the Parks; and
WHEREAS, each of the Parks is within a certain specific Lighting and Landscape Assessment District (LLAD), as identified on Exhibit A, established by City to create a funding source for, among other things, the maintenance of certain public improvements, including City parks within each of the LLADs; and WHEREAS, City and District acknowledge the need to provide excellent service to its residents without unnecessarily burdening property owners for maintenance costs; and WHEREAS, City and District acknowledge the benefits of an operation and maintenance agreement for the Parks and seek to extend their working relationship.
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter contained, it is mutually agreed by and between the Parties hereto as follows:
Attachment III
AGREEMENT
1 TERMINATION OF 2016 MOU.
As of the Effective Date hereof, the 2016 MOU shall be and is terminated and of no further force or effect, except for those provisions of the 2016 MOU that by their express terms survive the expiration of the term thereof or the earlier termination of the agreement. This MOU replaces the 2016 MOU and sets forth the terms and conditions for District’s operation and maintenance of the Parks and City’s reimbursement of, among other things, District’s incurred maintenance and certain repair costs. 2 TERM.
The term shall commence on July 1, 2024 and shall terminate on June 30, 2029 (the “Initial Term”), but subject to the termination provisions herein. At the conclusion of the Initial Term, the term will continue for three (3) successive five (5) year extensions (each an “Extension Term”), unless one of the Parties provides written notice to other at least sixty (60) prior to the end of the Initial Term or an Extension Term of its termination of this MOU.
3 PARK OPERATION AND MANAGEMENT.
District shall operate, and manage the Parks for community recreational purposes as provided in the Public Resources Code and in the same manner and to the same standards that it operates and manages other City -owned parks pursuant to that certain Master Lease Agreement between City and District, dated ____ 2023 (the “Master Lease”). City provides to District a license for its elected officials, officers, employees, contractors, agents and volunteers (collectively, the “District Parties”) to enter, use and occupy each of the Parks for the purposes stated herein and subject to the terms and conditions herein .
Such license includes the right of public patrons to enter and use each of the Parks subject to District’s and City’s rules and regulations (“Park Patrons”). Such license also includes District ’s, the District Parties’ and Park Patrons’ use all appendant City-owned or leased streets, roads, parking lots, sidewalks, ways and other means of access on each of the Parks. Such license shall be considered revocable and shall be deemed revoked upon the expiration of the Term or any Extension Term or the earlier termination of this MOU.
4 MAINTENANCE AND REPAIR OF PARKS.
District shall be responsible for all necessary and ordinary care, maintenance, and repair of all equipment, playground facilities, grounds, buildings, and improvements now on or hereafter placed on said premises of the Parks, including, but not limited to , all necessary and ordinary custodial, janitorial, gardening, and other routine maintenance services as further described in the Scope of Work Per Park, attached hereto as Exhibit “B” and incorporated herein (collectively, “Maintenance”). Repair of conditions beyond normal wear and tear that exceed Two Hundred Fifty Dollars ( $250.00) (“Reimbursable Repairs”) will need approval from the City’s Landscape Manager prior to work being done. The District will then invoice the City for reimbursement as set forth in Section 5 (Billing and Reporting), below.
During the Term hereof and any Extension Term , District shall utilize the Hayward Area Recreation and Park District Board of Directors’ (Board of Directors) approved and adopted Park Maintenance Standards to ensure equal level of care and maintenance of the Parks with those parks subject to the Master Lease and other District parks.
To ensure the successful implementation of the Park Maintenance Standards and programs, and due to certain regional and City -wide issues that may impede District’s ability to meet the standards with consistency, City, when possible , agrees to provide support to District, upon District ’s request, in the event that assistance is needed for Maintenance or upkeep of the Parks and for addressing cross -agency challenges, including but not limited to the items below:
• Illegal dumping in parks
• Homelessness in parks and the impact of the user experience and ability to achieve maintenance standards
• Any cooperative maintenance endeavors between City and District, including the use of specialized equipment to be used for maintenance in parks.
City agrees to provide support when resources are available, but is under no obligation to provide maintenance support under the terms of this MOU.
5 UTILITIES.
City shall reimburse HARD for all utilities, defined as water/sewer, electricity/gas, and refuse/recycling collection (collectively, “Utilities”) , furnished to the premises at Twin Bridges Park and Gordon E. Oliver Eden Shores Park. District is fully responsible for all Utilities servicing the Alden E. Oliver Sports Park. At parks where City agrees to reimburse the District for Utilities, reimbursement shall be made pursuant to Section 5 (Billing and Reporting), below . The utility meters eligible for reimbursement are detailed in Exhibit “D”. To minimize waste and the fiscal impact on ratepayers, HARD will proactively manage Utilities at all sites. HARD agrees to manage water usage through technologies such as evapotranspiration (ET) - based controllers and water monitoring software.
6 BILLING AND REPORTING.
District will bill City quarterly for reimbursement of costs Maintenance, Reimbursable Repairs and Utilities. The request for reimbursement shall include:
i. For Maintenance and Reimbursable Repairs, District staff shall provide an invoice of work performed, including:
a. Log, including employee name, position, hourly rate, date, and types of services performed, if above and beyond regular maintenance.
b. Description of maintenance performed, including pictures and any expense receipts. c. Copy of Utility bills and proof of payment.
ii. Utility reimbursement
a. Separated by Utility type, (1. Water, 2. PG&E, 3. Waste Management 4. Sewer) per Park iii. Park and landscaping reports, as detailed in Exhibit B. a. Quarterly inspection/condition report of play structures, roofs, outbuildings, and fences b. Quarterly water reports from monitoring software
c. Yearly inspection/condition report of trees (growing conditions and health) d. Dated pictures of play structure and landscaping
City shall only reimburse Maintenance costs up to the annual amount listed in the annual Engineer’s Report for each LLAD , excluding Reimbursable Repairs . The maximum amount of reimbursement for Maintenance and Utilities for Fiscal Years 2024 – 25 and 2025 – 26 is set forth in the FY25 and FY26 Reimbursement Schedule, which is attached hereto as Exhibit “C” and incorporated herein. Payment for invoiced Maintenance, Reimbursable Repairs , and Utilities will be processed and paid quarterly once items (a -c) above are received. Payment shall be made to District at the address listed in Section 12, below.
The request for reimbursement should be addressed to:
City of Hayward
c/o MSD: Landscape Maintenance Division
Richard Nield, Landscape Maintenance Manager
[email protected]
Manny Grewal, Management Analyst
[email protected]
7 INSURANCE AND INDEMNIFICATION.
District shall take out and keep in force during the Term and any Extension Term here of, at District’s expense, public liability insurance with coverage in the amount of three hundred thousand dollars ($300,000.00) for property damage and general liability in the amount of four million dollars ($4,000,000.00) Combined Single Limit for one occurrence for bodily injury, personal injury and property damage, and shall designate specifically that City is an additional insured thereunder. The policy shall also apply on a primary/non -contributory basis to City. Certificates and endorsements evidencing said insurance coverage shall be presented to City Attorney of City for written approval. District may meet its insurance obligation through a program of self-insurance which may include participation in a risk-sharing pool such as California Association of Park and Recreation Indemnity (”Self Insurance Provider”).
District shall, at all times during the Term and any Extension Term hereof , and at its own expense, procure and maintain in force workers’ compensation insurance covering all employees in connection with all its activities and operations upon said premises as required by State law.
District shall obtain a written obligation on the part of any such insurance company or Self Insurance Provider to notify City in writing at least 45 days (in the case of workers’ compensation, 10 days) prior to any cancellation or amendment of such policy and of any delinquency in premium payments. District agrees, if District does not take out such insurance or keep the same in full force and effect, that City may take out the necessary insurance and pay the premium therefore, and District shall repay to City the amount so paid within thirty (30) day of written notice from City.
City shall be free of all liabilities and claims for damage by reason of any injury or death to any person or persons, or property of any kind whatsoever and to whomsoever belonging, from any cause or causes whatsoever, except any liability and claim caused solely by the negligent acts or willful misconduct of City, its officers, employees, agents or servants, while in, upon, or connected in any way with the premises of the Parks (including, but not limited to, negligent acts or willful misconduct occurring prior to the Effective Date hereof), or District’s performance of obligations, during the Term and any Extension Term hereof and District hereby agrees to indemnify, save harmless, and defend City from all liability, damages, loss, costs and obligations, including court costs and counsel fees, on account of or arising out of or alleged to have arisen out of, directly or indirectly, any such injuries, death or losses.
Nothing in this MOU contained shall prevent either Party from obtaining additional insurance at its own expense.
The following endorsements must be attached to the public liability insurance policy:
a) If the insurance policy covers on an “accident” basis, it must be changed to “occurrence”. The policy must cover personal injury as well as bodily injury. b) The policy must cover complete contractual liability. Exclusions of contractual liability as to bodily injuries, personal injuries and property must be eliminated from the basic policy endorsements. c) Broad Form property damage liability must be afforded. Permission is granted for a deductible which shall not exceed five hundred dollars ($500.00) without special approval of City. d) City must be named as an additional insured under the coverage afforded with respect to the obligations being performed under the contract.
e) An endorsement shall be provided which states that the coverage is primary insurance and that no other insurance maintained by City will be called upon to contribute to a loss under this coverage.
8 IMPROVEMENTS.
Aside from Maintenance and Reimbursable Repairs, District will not make improvements or alterations, whether permanent or not, to any structure or facilities or the premises of any Park , without written approval from the City Manager, or their designee. In the event that any such improvements or alterations are approved, the Parties will enter into an amendment hereto or a separate agreement which sets forth the terms and conditions for the construction or installation of the improvements or alterations and the City’s acquisition thereof, if at all, upon the expiration of the Term or any Extension Term hereof or earlier termination of this MOU.
9 TERMINATION.
In the event District is dissolved or the territory of the City is detached from the District, this MOU shall terminate as the date of such dissolution or detachment. Upon termination of this MOU, District shall vacate the Parks and the terms herein shall be of no further force or effect, except as otherwise stated herein.
Except as to a monetary default hereunder, either Party may, after the first three (3) years of the Term or at any time during an Extension Term, terminate this MOU upon the occurrence of an uncured default by the other Party of any material term hereof. The non -defaulting Party shall provide written notice to the defaulting Party of the default and demand that the default be cured within six (6) months thereafter.
The non -defaulting Party may, in the exercise of its reasonable discretion, extend the time period for curing a default and shall notify the defaulting Party in writing of such an extension. If the defaulting Party fails to cure the default within the 6 -month period or such extended time specified by the non -defaulting Party, then the non -defaulting Party may terminate this MOU at any time by providing a notice of termination to the defaulting Party. A monetary default may be enforced at any time during the Term or any Extension Term.
10 DISPUTE RESOLUTION.
The Parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this MOU that is not the subject of a notice of default described in Section 9 (Termination), above, subject to the following provisions:
a) A Party desiring to meet and confer shall so advise the other Party pursuant to a written notice. b) Within fifteen (15) days after provision of that written notice by the Party desiring to meet and confer, or some other date mutually agreed by the Parties, the Parties shall meet in person and attempt to amicably resolve their dispute. Each Party shall send to the meeting a person with the ability to resolve the dispute or to make a recommendation to the General Manager/City Manager to resolve the dispute.
c) The Parties shall participate in mediation for any dispute that remains unresolved. The mediator shall be selected by mutual agreement of the Parties. The costs of the mediator shall be equally shared by the Parties. Each party shall otherwise bear its own costs and attorneys' fees related to the mediation.
d) No Party shall file a legal action without first complying with the provisions of this Section 10. The statute of limitations shall be suspended during the duration of the dispute resolution process. 11 CITY RIGHT OF ENTRY.
City hereby reserves, from the Effective Date hereof , the right to enter upon said the premises of the Parks at any and all times to survey, locate, or inspect said premises, and the right at any and all times , to install, construct, repair, or maintain any public utility, including, but not limited to, drainage, sewage, and water facilities. City will give notice to the best of its ability but is not required to do so. City shall coordinate any such work with District so as to minimize disruption of the use of the Park by Park Patrons but is not required to do so.
12 NOTICES.
All notices herein provided to be given or which may be given by either Party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage fully prepaid, and addressed to the other party at the following address:
City District
City of Hayward Hayward Area Recreation and Park District c/o City Manager c/o General Manager
777 “B” Street 109 “E” Street
Hayward, CA 94541 Hayward, CA 94541
Such mailing address may be changed by either Party by giving written notice thereof to the other party as herein provided.
13 ASSIGNMENT.
District shall not assign this MOU voluntarily or by operation of law or any right hereunder, nor sublet the premises of a Park or any part thereof, without the prior written consent of the City Manager of City. No consent to any assignment of this MOU, voluntarily or by operation of law, or any subletting of the Park premises shall be deemed to be a consent to any subsequent assignment of this MOU, voluntarily or by operation of law, or any subletting of the Park premises without obtaining the prior written consent of City Manager of City shall be void and at the option of City, exercised by written notice to District, shall terminate this Agreement.
14 ENTIRE AGREEMENT.
This MOU constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
15 AMENDMENTS.
This Agreement may be amended at any point in writing signed by authorized representatives of District and City.
a) It is mutually agreed that any Park made subject to this Agreement may be removed here from after ninety (90) days written notice by City and documented as an amendment hereto. Any park to be added to the coverage of this MOU shall be documented as an amendment hereto. 16 SEVERABILITY.
Should any provision of any of this MOU be found invalid by a court or other body of competent jurisdiction, said invalidity or ineffectiveness shall not affect the validity of the remaining provisions , which shall remain in force to the maximum extent possible. 17 INTERPRETATION.
The Parties acknowledge that each Party and its counsel have reviewed and revised this MOU and that the rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed. The defined terms herein shall apply equally to both the singular and the plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine, and neuter forms. The words “include” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval," “consent" and “notice” shall be deemed to be preceded by the word “written.”
18 GOVERNING LAW.
This MOU shall be governed by and construed in accordance with the laws of the State of California. Any action to interpret or enforce the term of this MOU shall be filed in the Superior Court of Alameda County.
19 NO CONFLICTS OF INTEREST.
Each Party warrants to the other that no member of the governing body of City or District and no other public official of such locality or localities during their tenure and for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this MOU.
20 COUNTERPARTS.
This MOU may be executed in any number of counterparts and by different Parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Signatures delivered electronically or by facsimile shall be as binding as originals upon the Parties.
21 AUTHORITY.
Each Party represents that the signatory has the authority to bind each respective entity, and assents to each and every term contained within this Agreement.
22 NO THIRD-PARTY BENEFICIARIES.
It is the intention of the Parties that under no circumstances are any rights created for persons or entities who are not parties to this MOU and District and City owe no duty to any persons or entities not parties to this agreement under a third-party beneficiary theory or under any other theory of law. 23 ATTORNEYS’ FEES.
If either Party commences any legal action against the other Party arising out of this MOU or the performance thereof, each Party in such action shall be responsible for its own litigation expenses, including but not limited to court costs, expert witness fees, discovery expenses and attorneys’ fees. 24 NO JOINT VENTURE.
It is expressly understood and agreed that neither Party shall become as a result of this MOU a partner of the other or a joint venturer with the other Party in the conduct of such Party’s business or otherwise.
This agreement is not intended, and shall not be construed, to create the relationship of principal and agent, partnership, joint venture, or association as between City and District. 25 SUCCESSORS AND ASSIGNS.
Subject to the restrictions on assignment set forth above, all of the terms, covenants, and conditions of this MOU shall be binding upon City and District and their respective permitted successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be lawfully executed as of the Effective Date.
HAYWARD AREA RECREATION AND PARK DISTRICT, a California special district
By: Date: __________________
James Wheeler, General Manager
Attest: Secretary, Board of Directors
CITY OF HAYWARD, a municipal corporation
By: ____ Date: ________________
Dustin Claussen, Interim City Manager
Attest:
Miriam Lens, City Clerk
Approved as to form: ______________ Date: _________
City Attorney for City of Hayward
Exhibit A: City of Hayward Lighting and Landscape District Park Sites to be Maintained by the Hayward Area Recreation and Park District
Exhibit B: Scope of Work per Park
Exhibit C: FY25 and FY26 Reimbursement Schedule
Exhibit D: Eligible Utility Meters for Reimbursement
Exhibit E: Hayward Area Recreation and Park District – Adopted Park Maintenance Standards
11 EXHIBIT A
CITY OF HAYWARD LIGHTING AND LANDSCAPE DISTRICT PARK SITES MAINTAINED BY THE HAYWARD AREA
RECREATION AND PARK DISTRICT
PARK NAME ADDRESS ACRES APN(S)
1 Alden E. Oliver Sports
Park
2580 Eden Park Pl 24.52 456-0097-001-00
2 Gordon E. Oliver
Eden Shores Park
2841 Sea Haven Ct 5.58 461-0036-003-00
3 Twin Bridges Park 301 Arrowhead Way 2.11 078G-2651-019-00 4 SoHay Park 29400-29410 Dixon St 0.96 078C-0803-006-00 078C-0803-017-00
12 EXHIBIT B
SCOPE OF WORK PER PARK
The following scope of work needs to be completed at all parks, as necessary/needed. Specific requirements per park are detailed below.
All Parks
Daily:
• Inspect play equipment daily for vandalism and evaluate the condition of play structure. Identify and correct any unsafe conditions.
• Trash container to be emptied.
• Litter pickup of entire park.
Three Times per Week (Mon, Wed, Fri):
• Inspect picnic tables for damage, wear, vandalism, and repair. • Empty recycling bins and replace liners.
• Inspect barbeque pits and repair. Empty ashes into a fireproof container and remove them.
Weekly:
• Mow all turf areas.
• Edge turf areas.
• Empty all doggie stations and reline. Replace doggie station fill bags. • Visually check benches for damage, wear and vandalism, clean and repair. • Blow all hardscapes to remove debris and tripping hazards. • Test irrigation weekly for proper function, noting inefficiencies. Adjust run times and frequency for environmental factors such as season, temperature, and overall appearance. Repair or replace items not functioning properly. Overall water use may be reduced by the City during times of drought conditions. • Inspect, clean, and repair water fountains. Remove any hazards and repair.
Monthly:
• Visually inspect backflow and repair defects and/or leaks. • Inspect fencing (iron, wood, masonry, cyclone, etc) and repair. 13 • Inspect bike rack and repair.
• Inspect bollards and repair.
• Inspection of play structure and equipment in which every component is inspected, and any defects are noted and repaired.
Quarterly:
• Inspect condition of structures and roof. Report to City Landscape Manager or Designee.
• Inspect condition of outbuilding for equipment and trash receptacle storage.
Report to City Landscape Manager or Designee.
• Submit water usage reports per the water monitoring software. • Trimming of hedges on a quarterly basis to maintain height and shape. • Trim entire walk path for height and shape.
• Inspect light poles to ensure proper function and repair.
Yearly:
• Visually inspect all trees yearly and submit report on growing condition and health of trees to City Landscape Manager or Designee.
• Over-seed of turf areas.
• Refill and compact decomposed granite in BBQ area(s)
Bi-Yearly:
• Pruning all trees under 25 feet. Trees over 25 feet report to the City Landscape Manager or Designee for trimming.
• Refill chips in landscaping and along walk path.
Other:
• Report all lighting issues and damages to the City Landscape Manager or Designee.
ALDEN E. OLIVER SPORTS PARK
In addition to the scope of work detailed in the “All Park” section, the following needs to be completed at Alden E. Oliver Sports Park:
Scoreboard and Lighting
14 • Inspect score boards to make sure they are functioning and repair on a monthly basis.
• Inspect 24 stadium lights to ensure operating properly and repair on a monthly basis.
Basketball Court
• Blow court of on a weekly basis and remove any debris. • Visually check court surface for instances of vandalism and graffiti, removing when present.
• Visually check net for signs of wear, breaks, replacing as needed. • Visually check backboard for signs of wear, vandalism, cracks and/or damage, replacing as needed.
• Empty all trash cans 3 times a week, on Monday, Wednesday and Friday. • Inspect all metal benches for signs of wear, vandalism and graffiti on a weekly basis.
Restrooms
• Unlock restrooms at 8am and lock at sunset.
• Daily service including:
Picnic Areas
• Clean three times per week on Monday, Wednesday and Friday. Groom decomposed granite and substrate weekly, removing debris and weeds.
Baseball Fields (Natural Turf)
• Daily:
o Groom infield
o Empty Trash
o Pick up litter and debris
o Inspect bleachers and dug out benches
o Clean concession stands
• Weekly:
o Mow turf
o Clean score booth and ticket booths
• Bi-Yearly:
o Fertilize and aerate
15 Soccer Field (Synthetic Turf)
• Daily:
o Inspect synthetic turf
o Pick up litter and debris
o Remove foreign debris
o Inspect bleachers
o Check seams and joints
• Weekly:
o Inspect goal and net - repair or replace as needed.
o Clean score booth and ticket booths
o Check infill depth at heavily used areas - maintain infill depth o Groom field
• Bi-Yearly:
o Check for infill compaction
o Check for bent or creased grass fibers
o Check for drainage
o Check for uneven infill
o Check for accumulated dirt and debris
• Annually:
o Professional field inspection, including a deep cleaning and reinstallation of infill.
Note: HARD is responsible for the cost of replacing the synthetic turf of the soccer fields. The cost of such replacement is not to be borne by funds from the associated City Landscape Lighting and Assessment District.
GORDON E. OLIVER EDEN SHORES PARK
In addition to the scope of work detailed in the “All Park” section, the following needs to be completed at Gordon E. Oliver Eden Shores Park:
Basketball Courts
• Blow court of on a weekly basis and remove any debris. • Visually check court surface for instances of vandalism and graffiti, removing when present.
• Visually check net for signs of wear, breaks, replacing as needed. • Visually check backboard for signs of wear, vandalism, cracks and/or damage, replacing as needed.
• Empty all trash cans 3 times a week, on Monday, Wednesday and Friday. (Are there trash cans here? Copied from above)
16 • Inspect all metal benches for signs of wear, vandalism and graffiti on a weekly basis.
Tennis Courts
• Blow court of on a weekly basis, checking court for tripping hazards. • Visually check court surface for instances of vandalism and graffiti, removing when present.
• Visually check nets for signs of wear, damage, replacing as needed.
Observation Rotunda
• Blow cleaning stairs and cement seating area on a weekly basis. • Inspect handrails for damage and vandalism on a bi-weekly basis, repairing and/or painting as needed.
Restrooms
• Unlock restrooms at 8am and lock at sunset.
• Daily service including:
o Fill toilet paper holders
o Fill toilet seat covers
o Cleaning toilets
o Visually inspect and replace urinal tablets as necessary o Visually inspect for vandalism or non-functioning items o Repair or replace lighting
o Clean water fountain, repair as needed.
Picnic Areas
• Clean three times per week on Monday, Wednesday and Friday. • Groom decomposed granite and substrate weekly, removing debris and weeds.
TWIN BRIDGES PARK
In addition to the scope of work detailed in the “All Park” section, the following needs to be completed at Twin Bridges Park:
17 Basketball Court
• Visually inspect basketball court for vandalism and hazards, such as glass, on a biweekly basis. Check condition of net and backboard and replace as necessary. Blow debris from court.
Volleyball Court
• Visually inspect volleyball court/sand pit for hazards, such as glass, on a biweekly basis.
• Groom and refill sand as needed on a biweekly basis.
SOHAY PARK
In addition to the scope of work detailed in the “All Park” section, the following needs to be completed at SoHay Park:
BMP Treatment Areas
• October clean-up BMP Treatment Areas.
• Replace any missing plant material and replenish mulch for November’s compliance inspection with the City’s Environmental Services Division.
18 EXHIBIT C
FY25 AND FY26 REIMBURSEMENT SCHEDULE
The City agrees to reimburse the District on a quarterly basis per fiscal year. The reimbursement will include specified rates for Maintenance and actual cost paid for Utilities expenses. Acknowledging the need to adjust ratepayer assessments to account for Utilities costs being shifted from HARD to the City beginning in FY25, maintenance costs in FY25 and FY26 will remain static with the FY24 rate. Thereafter, a 3% CPI increase will be applied to the reimbursement amount for Maintenance costs bi-annually in odd years beginning in FY27 (FY29, FY 31, FY3 3, etc.) for the term of the agreement. Below is the agreed -upon reimbursement schedule for FY25. The reimbursement amounts will be outlined in the annual Engineer’s Report per park.
Location FY25 and FY26
Maintenance
Reimbursement/Yr
FY25 and FY26
Utilities
Reimbursement/Yr
Alden E. Oliver
Sports Park
$24,666 N/A
Gordon E. Oliver
Eden Shores Park
$56,652 At cost*
Twin Bridges Park $51,000 At cost*
SoHay Park $47,000 At cost*
*Please refer to Section 5, above, to confirm reimbursement arrangement for the various Utility types.
19 EXHIBIT D
ELIGIBLE METERS FOR REIMBURSEMENT
The following meters are eligible for utilities reimbursement based on the billed amounts not to exceed the agreed-upon reimbursement rate(s) detailed in Exhibit C.
Water
Location Meter Number Connection Type
GORDON E. OLIVER
EDEN SHORES PARK
17898878 IRRIGATION
GORDON E. OLIVER
EDEN SHORES PARK
17849230 WATER
TWIN BRIDGES PARK 17898888 IRRIGATION
Waste Management
Location Account Number
GORDON E. OLIVER
EDEN SHORES PARK
9-57857-95006
GORDON E. OLIVER
EDEN SHORES PARK
51132-88907
TWIN BRIDGES PARK N/A
PG&E
Location Meter Number
GORDON E. OLIVER
EDEN SHORES PARK
1761789504-4
GORDON E. OLIVER
EDEN SHORES PARK
8357659848-2
5073062058-5
TWIN BRIDGES PARK 4299822735-1
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-262
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt Resolutions Authorizing the City Manager to Amend the Professional Services Agreements with (1) Kitchell CEM for Extended Construction Support Services by $90,000 for a Not-to-Exceed Amount of $3,028,000, and (2) with ABC Inspections, Inc., by $50,000 for a Not-to Exceed Amount of $1,080,000 for the Fire Station 6 and Fire Training Center Project (FS6/FTC), Project Nos. 07481 and 07482
RECOMMENDATION
That Council adopts the attached resolutions (Attachments II, III) authorizing the City Manager to:
1. Amend the Professional Services Agreement (PSA) with Kitchell CEM (Kitchell) for extended construction management services for the FS6/FTC project by $90,000 for a not-to-exceed (NTE) amount of $3,028,000;
2. Amend the PSA with ABC Inspections, Inc. (ABC) for extended construction support services for the FS6/FTC project by $50,000 for a NTE amount of $1,080,000.
SUMMARY
The Fire Station 6 and Fire Training Center (FS6/FTC) project commenced construction on August 17, 2020, and was anticipated to be completed in the Fall of 2022. While fire department personnel have moved into the new fire station and Las Positas Chabot College District students are using the facility, there are remaining outstanding construction items that need to be completed in order to close out the project. It is anticipated that these items will be completed by the end of July 2024.
Throughout the course of construction, construction management services provided by Kitchell and inspector of record services provided by ABC have been necessary to ensure that construction complies with project plans, specifications, and codes and regulations. Council adopted resolutions authorizing the City Manager to execute agreements with Kitchell for construction management and with ABC for inspector of record services prior to the commencement of construction. Due to the extended construction duration, the current budget allocated for services by these firms will not be sufficient to close out the project. Staff is requesting amendments in the amounts of $90,000 with Kitchell and $50,000 with ABC which are necessary to complete the project.
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
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File #:CONS 24-262
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution Kitchell CEM
Resolution III Resolution ABC Inspections, Inc.
CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolutions Authorizing the City Manager to Amend the Professional Services Agreements with (1) Kitchell CEM for Extended Construction Support Services by $90,000 for a Not-to-Exceed Amount of $3,028,000, and (2) with ABC Inspections, Inc., by $50,000 for a Not-to Exceed Amount of $1,080,000 for the Fire Station 6 and Fire Training Center Project (FS6/FTC), Project Nos. 07481 and 07482
RECOMMENDATION
That Council adopts the attached resolutions (Attachments II, III) authorizing the City Manager to:
1. Amend the Professional Services Agreement (PSA) with Kitchell CEM (Kitchell) for extended construction management services for the FS6/FTC project by $90,000 for a not-to-exceed (NTE) amount of $3,028,000;
2. Amend the PSA with ABC Inspections, Inc. (ABC) for extended construction support services for the FS6/FTC project by $50,000 for a NTE amount of $1,080,000.
SUMMARY
The Fire Station 6 and Fire Training Center (FS6/FTC) project commenced construction on August 17, 2020, and was anticipated to be completed in the Fall of 2022. While fire department personnel have moved into the new fire station and Las Positas Chabot College District students are using the facility, there are remaining outstanding construction items that need to be completed in order to close out the project. It is anticipated that these items will be completed by the end of July 2024.
Throughout the course of construction, construction management services provided by Kitchell and inspector of record services provided by ABC have been necessary to ensure that construction complies with project plans, specifications, and codes and regulations. Council adopted resolutions authorizing the City Manager to execute agreements with Kitchell for construction management and with ABC for inspector of record services prior to the commencement of construction. Due to the extended construction duration, the current budget allocated for services by these firms will not be sufficient to close out the project. Staff is requesting amendments in the amounts of $90,000 with Kitchell and $50,000 with ABC which are necessary to complete the project.
BACKGROUND
In 2014, voters in the City approved Measure C which authorized the City to increase the sales tax rate by one-half cent for, among other things, the restoration and maintenance of City services and facilities, including firefighting/emergency medical services. This project includes partnership with the Chabot-Las Positas Community College District (District) in the shared use of the FTC.
On November 19, 2019, Council adopted a resolution approving the plans and specifications for the construction of FS6 and the FTC and call for bids. On July 7, 2020, Council awarded the construction contract to S. J. Amoroso Construction (SJA).
Construction of FS6/FTC started on August 17, 2020, and was anticipated to be completed in Fall of 2022. In August of 2023, when the main building, which is the fire station and classrooms, was ready for occupancy, Chabot College faculty and students started classes.
Fire Station 6 personnel moved into the new fire station in October 2023. While there has been occupancy, there are remaining outstanding construction items that need to be completed in order to close out the project. Some of these items include a fully functional HVAC system, solar photovoltaic system and battery backup system, completion of punch list and providing closeout documentation. It is anticipated that these items will be completed by the end of July 2024.
Throughout the course of construction, construction management services provided by Kitchell and inspector of record services provided by ABC were utilized to ensure that construction complies with project plans, specifications, and codes and regulations. On January 21, 2020, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA with Kitchell for construction support services in the amount of $1,800,000. In June 2022, the construction completion date was extended to January 2023 which required extension of services by Kitchell. On June 28, 2022, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for Kitchell for extended construction support services by $400,000 for a NTE amount of $2,200,000. On January 17, 2023, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for Kitchell for extended construction support services by $333,000 for a NTE amount of $2,533,000. On June 20, 2023, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for Kitchell for extended construction support services by $307,000 for a NTE amount of $2,840,000. On November 14, 2023, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for Kitchell for extended construction support services by $98,000 for a NTE amount of $2,938,000.
On January 21, 2020, Council adopted a resolution authorizing the City Manager to execute amendments to the PSA with ABC for inspector of record services in the amount of $750,000.
On June 28, 2022, Council adopted resolutions authorizing the City Manager to execute amendment to the PSA for ABC for extended inspector of record services with ABC by $115,000 for a NTE amount of $865,000. On January 17, 2023, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for ABC by $80,000 for a NTE amount of $945,000. On June 20, 2023, Council adopted a resolution authorizing the City Manager to execute an amendment to the PSA for ABC for extended inspector of record services by $85,000 for a NTE amount of $1,030,000.
DISCUSSION
Due to the extended duration for completion of the remaining items and after the remaining construction items are completed, there continues to be construction management and inspector of record services needed as well as services to close out the project. Amendments in the amounts of $90,000 with Kitchell and $50,000 with ABC are necessary to complete the project.
Staff will return to Council for a request for additional funds once final construction costs are realized. Among these costs is the potential cost to compensate the contractor for extended general conditions due to the added duration caused by design changes. Additionally, there are delay claim requests from subcontractors which staff are evaluating.
ECONOMIC IMPACT
This project added classrooms and spaces for training and use by others which may result in positive economic benefits for businesses around the area. Additionally, the local economy and local workforce has been positively impacted during construction of the facilities.
FISCAL IMPACT
The estimated project cost at the time of award of the construction contract are as follows:
Construction Contract $52,397,000
Construction Contingency (ACO) $5,239,700
Consultant Design $5,000,000
Construction Management Administration $4,000,000
Inspector of Record Service & Special Testing $1,500,000 Demolition of old Fire Station and FTC $425,000
Temporary Housing $500,000
Permit & Utility Fees $940,000
Fixture, Furniture & Equipment $600,000
Staff Construction Administration $300,000
Total $70,901,700
The following details the current project estimates and Council approved budget appropriations to support the project:
Construction Contract $52,397,000
Construction Contingency (ACO) $6,400,000
Consultant Design $4,692,270
Construction Management Administration $6,082,000
Inspector of Record Service & Special Testing $2,120,000 Demolition of old Fire Station and FTC $378,494
Temporary Housing $720,117
Permit & Utility Fees $400,000
Fixture, Furniture & Equipment $4,655,364
Staff Construction Administration $683,219
Total $78,528,464
Staff recommends funding the increase costs for the amendment amounts with Kitchell and ABC Inspection through the existing staff construction administration budget within the FS6/FTC project. This item does not request an increase in budget appropriation to support the requested increase in contract amounts with Kitchell and ABC Inspections.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project:
Invest in City Facilities and Property
N10 Construct the Fire Station 6 and Fire Training Center
SUSTAINABILITY FEATURES
There are no sustainability features associated with this action.
PUBLIC CONTACT
There is no public contact needed for this item.
NEXT STEPS
If Council approves the resolutions to amend the agreements with Kitchell and ABC, staff will route the amendments to be executed by the City Manager, allowing the firms to continue to provide construction support until the completion of the project.
Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Garrett Contreras, Fire Chief
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
KITCHELL CEM FOR CONSTRUCTION SUPPORT FOR THE FIRE STATION 6
AND FIRE TRAINING CENTER IMPROVEMENT PROJECT
WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 19th day of February 2020, entitled “Amendment to Professional Services between the City of Hayward and Kitchell CEM for the Fire Stations 1-6 and Fire Training Center Improvement Project”; and
WHEREAS, by Resolution No. 23-254, on November 14 , 2023 , Council adopted a resolution authorizing the City Manager to execute an amendment to the Professional Services Agreement with Kitchell CEM for extended construction support services by $98,000 for a not-to-exceed amount of $2,938,000; and
WHEREAS, the City and the Consultant desire s to amend the Agreement in certain respects to provide additional services for completion of construction support services for the Fire Station 6 and Fire Training Center Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorize d to execute, on behalf of the City of Hayward, an amendment to the agreement with Kitchell CEM for extended services in an amount not-to- exceed $ 90,000, thereby increasing the total contract amount to a total not -to-exceed $3,028,000 associated with the Fire Station 6 and the Fire Training Center.
‘
‘
ATTACHMENT II
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
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABC INSPECTIONS, INC., FOR INSPECTOR OF RECORD SERVICES FOR THE FIRE STATION 6 AND FIRE TRAINING CENTER IMPROVEMENT PROJECT
WHEREAS, the aforesaid parties have entered into that certain Agreement dated the 6th day of March 2020, entitled “ Agreement for Professional Services between the City of Hayward and ABC Inspections, Inc., for Fire Station 6 and Fire Training Center Inspector of Record”; and
WHEREAS, by Resolution No. 23 -163, on June 20 , 2023, Council adopted a resolution authorizing the City Manager to execute an amendment to the Professional Services Agreement with ABC Inspections, Inc., for extended inspector of record services by $85,000 for a not-to-exceed amount of $1,030,000; and
WHEREAS, the City and the Consultant desire s to amend the Agreement in certain respects to provide additional services for completion of inspector of record services for the Fire Station 6 and Fire Training Center Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorize d to execute, on behalf of t he City of Hayward, an amendment to the agreement with ABC Inspections, Inc., for extended services in an amount not-to-exceed $50,000, thereby increasing the total contract amount to a total not - to-exceed $1,080,000 associated with the Fire Station 6 and the Fire Training Center.
ATTACHMENT III
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 24-263
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Awarding a Construction Contract to GSW Construction, Inc., for the Trash Capture Device Installation on Arf Avenue, Project No. 07746, in the Amount of $398,000 and a Contingency Budget of $ 82,000 for a Total Contract Not-to-Exceed Amount of $ 480,000
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) awarding the construction contract to GSW Construction, Inc., (GSW) for the Trash Capture Device Installation on Arf Avenue (“Project”), Project No. 07746, in the amount of $ 398,000 and a contingency budget of $82,000 for a total not-to- exceed (NTE) amount of $480,000.
SUMMARY
The proposed project would install a continuous deflective separator (CDS) unit in the existing storm drainpipe on a parcel owned by Alameda County Flood Control District off Arf Avenue for trash capture from the storm water system. The Project will help the City meet the San Francisco Regional Water Quality Control Board (Water Board) mandate to remove 100% of trash from the stormwater system by July 1, 2025. The CDS unit creates a continuous swirl of stormwater to concentrate and separate trash and debris. This project will be funded by California Department of Transportation (Caltrans). The City and Caltrans entered into a cooperative agreement to complete trash capture projects for mutual trash reduction credits. The cooperative agreement was approved by Council on April 20, 2021. On April 1, 2024, staff released a call for sealed bids and received two (2) responsive bids. The lowest bid was submitted by GSW Construction, Inc. of San Francisco in the total amount of $398,000.00.The second bid was submitted in the total amount of $828,000 by W.R. Forde Associates, Inc., of Richmond, California.
Staff is requesting Council’s approval to award the construction contract to the lowest responsible bidder, GSW Construction, Inc.
ATTACHMENTS
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
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File #:CONS 24-263
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Awarding a Construction Contract to GSW Construction, Inc., for the Trash Capture Device Installation on Arf Avenue, Project No. 07746, in the amount of $398,000 and a Contingency Budget of $ 82,000 for a Total Contract Not-to-Exceed Amount of $ 480,000
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) awarding the construction contract to GSW Construction, Inc., (GSW) for the Trash Capture Device Installation on Arf Avenue (“Project”), Project No. 07746, in the amount of $ 398,000 and a contingency budget of $82,000 for a total not-to-exceed (NTE) amount of $480,000.
SUMMARY
The proposed project would install a continuous deflective separator (CDS) unit in the existing storm drainpipe on a parcel owned by Alameda County Flood Control District off Arf Avenue for trash capture from the storm water system. The Project will help the City meet the San Francisco Regional Water Quality Control Board (Water Board) mandate to remove 100% of trash from the stormwater system by July 1, 2025. The CDS unit creates a continuous swirl of stormwater to concentrate and separate trash and debris. This project will be funded by California Department of Transportation (Caltrans). The City and Caltrans entered into a cooperative agreement to complete trash capture projects for mutual trash reduction credits.
The cooperative agreement was approved by Council on April 20, 20211. On April 1, 2024, staff released a call for sealed bids and received two (2) responsive bids. The lowest bid was submitted by GSW Construction, Inc. of San Francisco in the total amount of $398,000.00.The second bid was submitted in the total amount of $828,000 by W.R. Forde Associates, Inc., of Richmond, California. Staff is requesting Council’s approval to award the construction contract to the lowest responsible bidder, GSW Construction, Inc.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search=
BACKGROUND
The Water Board adopted the current Municipal Regional Stormwater Permit (MRP 3.0) in July 2022. The MRP 3.0 covers storm water discharges from municipalities and local agencies in various Bay Area counties, including Alameda. The permit requires permittees to reduce trash from entering State waters by 100% by 2025 from each jurisdiction’s Municipal Separate Storm Water Systems. As of September 2022, the City has achieved 85.8% credit for trash reduction. Likewise, Caltrans also has a mandate to eliminate trash from stormwater from its right-of-way (ROW). Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space limitations for installations and direction of stormwater flows along freeways. CalTrans and several cities have looked into collaborative projects to install trash capture devices downstream of Caltrans ROW within City jurisdictions to capture trash in areas required to be treated for trash.
On April 20, 2021, Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of two projects within Hayward: one on Arf Avenue and one on Tennyson Road. The Tennyson Road Trash Capture Device Installation was completed as of September 2024.
On March 26, 20242, Council adopted Resolution No. 24-055 approving the plans and specifications and a call for bids for the Project. In April 2024, staff received and evaluated two (2) bids. Staff is requesting Council’s approval to award the construction contract to the lowest bidder GSW Construction, Inc. This contractor recently installed a similar stormwater trash capture device in Cotter Way and a sewer re-route project in Willimet Way. City staff found this contractor knowledgeable, efficient and cooperative. GSW has the contractor’s license required for the Project and has satisfied the City’s requirement for having completed at least one stormwater trash capture project in the last five years.
DISCUSSION
This Project will install a large trash capture device on Arf Avenue on existing stormwater pipes to treat stormwater to meet pollutant removal requirements of the Regional Water Quality Control Board issued MRP 3.0 for the City and similar requirements for the permit issued to Caltrans. The project improvements will capture trash from approximately 436 acres of storm water runoff area and provide approximately 3% trash reduction credit to the City. Caltrans has budgeted sufficient funds to pay for the Arf Avenue project.
Staff received and reviewed two (2) bid proposals. The engineer’s estimate was $ 710,000.
The lowest responsible bidder was GSW with a total bid amount of $398,000, which is below
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6600270&GUID=79B1D9D0-A240-4DA2-BB1C- ABCDC7DBEFEC&Options=&Search=
the Engineer’s Estimate. The only other bid was submitted by W.R. Forde Associate, Inc., in the amount of $828,000 which is above the Engineer’s Estimate.
GSW Construction, Inc. was awarded the Willimet Way & I-880 Sanitary Sewer Main Installation Project No. 07717 on July 3, 2022 in the total amount of $770,218. Completed project for this contract was accepted by the City on July 26, 2023. Administrative Contract Change Orders in the total amount of $40,000 (5.2% of the contract award amount) were required for this project. GSW Construction, Inc. was also awarded another contract for the Trash Capture Device Installation on Cotter Way (project number 07675) on June 21, 2022.
Work completed under this contract was accepted by the City on May 11, 2023. This project encountered high ground water conditions not anticipated earlier. The contractor was able to amend the project shoring and implement dewatering program to successfully complete the project without much delay. Administrative Change Orders in the total amount of $52,000 were required for this contract.
City staff’s observation is that GSW Construction is resourceful, efficient, well organized and easy to work with. GSW’s president is confident that they will successfully complete Arf Street Trash Capture project as per their bid and the construction contract documents and there is no material mistake in their bid.
On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for this project is less than $1,000,000, the CWA agreement does not apply to this project.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities of the CEQA guidelines.
ECONOMIC IMPACT
This item has no direct economic impact.
FISCAL IMPACT
Per the Adopted FY 2024 CIP Budget, the Project has a total appropriated budget of $3,000,000 in the Sewer Improvement Fund (Fund 612) to complete both Arf Avenue and Tennyson Road installations. This amount will be fully reimbursed by Caltrans and will have
no impact to Fund 612. The project budget is outlined below. This item has no impact on the General Fund.
Fund Sources:
Sewer Improvement Fund (Fund 612) $3,000,000
CalTrans Reimbursement $3,000,000
Sufficient fund balance is available in this budget account for the recommended contract award.
STRATEGIC ROADMAP
This item supports Council’s strategic priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project(s):
Project N22: Meet regulatory requirements for zero trash in stormwater by installing trash capture devices.
SUSTAINABILITY FEATURES
The CDS units, along with the existing trash capture devices in the City’s storm drain system will help limit the pollutants that enter local creeks and the San Francisco Bay.
PUBLIC CONTACT
The call for bids was publicized on the City’s website in April, 2024. Prior to and during construction, notices will be provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule, and City contacts for additional information. Staff will work closely with residents and businesses close to the project site to minimize potential impacts.
NEXT STEPS
If Council approves this request, the City Manager will execute the awarded construction contract with GSW Construction, Inc., for a total contract not-to-exceed amount of $398,000.
The project construction schedule is outlined below:
Received Bids April 2024
Award Construction Contract May 21,2024
Notice to Proceed July 1, 2024
Construction Completion September 30, 2024
Prepared by: Elisa Wilfong, Water Pollution Control Administrator Saeed Saebi, Senior Civil Engineer
Erik Pearson, Environmental Services Manager
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO GSW
CONSTRUCTION, INC., FOR THE TRASH CAPTURE DEVICE INSTALLATION ON ARF AVENUE , PROJECT NO. 07746, IN AN AMOUNT OF $ 398,000 AND A CONTIGENCY BUDGET OF $82,000 FOR A TOTAL CONTRACT NOT -TO- EXCEED AMOUNT OF $480,000
WHEREAS, on March 26, 2024 City Council adopted Resolution No. 24-055 approving the plans and releasing a call for bids for the Project; and
WHEREAS, on April. 20, 2024, staff received two (2) responsive bids; and
WHEREAS, the FY24 CIP Budget has sufficient appropriated funds to the Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that GSW Construction, Inc. is hereby awarded the construction contract for the Trash Capture Device Installation on Arf Avenue , Project No. 07746, in the amount of $398,000 and a contingency budget of $82,000 for a total contract not -to-exceed amount of $480,000, in accordance with the plans and specifications adopted therefore and on file in the City Clerk’s Office and for the price named and stated in the bid of the hereinabove specified bidder, and all other bids are hereby rejected.
BE IT FURHTER RESOLVED, that the City Manager is authorized to enter into the above-mentioned contract, in a form approved by the City Attorney.
ATTACHMENT III
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 24-264
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Approving the Plans and Specifications and Call for Bids for the Jackson Street Gateway Monument Sign Project
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the plans and specifications and calls for bids for the Jackson Street Gateway Monument Sign Project.
SUMMARY
In FY23, Council directed Maintenance Services to replace and reconstruct the gateway monument sign located Jackson Street and Silva Avenue. Jackson Street is an arterial route that provides access to Downtown Hayward, Highways 880 and 580, and the Hayward/San Mateo Bridge. As one of the most heavily traveled routes through the City, construction of a new gateway sign will create a distinct, attractive, and strategic wayfinding marker for motorists, pedestrians, and bicyclists entering the City.
The project design has been completed and bid documents have been prepared. Staff is requesting Council’s approval of the plans and specifications and calls for bids to be received on June 17, 2024.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Approving the Plans and Specifications and Calling for Bids for the Jackson Street Gateway Monument Sign Project
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) approving the plans and specifications and calls for bids for the Jackson Street Gateway Monument Sign Project.
SUMMARY
In FY 2023, Council directed Maintenance Services to replace and reconstruct the gateway monument sign located Jackson Street and Silva Avenue. Jackson Street is an arterial route that provides access to Downtown Hayward, Highways 880 and 580, and the Hayward/San Mateo Bridge. As one of the most heavily traveled routes through the City, construction of a new gateway sign will create a distinct, attractive, and strategic wayfinding marker for motorists, pedestrians, and bicyclists entering the City. The project design has been completed and bid documents have been prepared. Staff is requesting Council’s approval of the plans and specifications and calls for bids to be received on June 17, 2024.
BACKGROUND AND DISCUSSION
Originally constructed in 1970, the existing monument sign (Figure 1) is beyond its useful life and is in a failing state of repair. To create a sense of continuity within the community, the proposed design (Figure 2) incorporates similar aesthetic features to the existing gateway sign located on the south-end of Mission Boulevard. Similar features include light-colored pavers, large boulders, textured facade, in-ground lighting, and drought-tolerant plants. New, attractive features include a low-energy, low-water use cascading waterfall over the black granite section of the monument and a walking path. To preserve water, the water is recycled through a shallow, stone pond. Likewise, LED uplighting will provide visibility at night.
Surrounding the sign will be drought-resistant, native plants and updated low-water use irrigation controllers and sprinklers. Furthermore, to reduce long-term maintenance, the
adjacent pine trees are diseased and will be removed and replaced with native trees. Figures 1 and 2 show the existing sign and the newly designed sign.
In November 2023, staff engaged Gates + Associates for design and engineering services, leveraging their experience from designing the Mission Boulevard gateway sign to support this project. Collaboratively, Gates and staff have finalized the plan, specifications, and estimates for this project, with bid documents prepared.
This project is categorically exempt from environmental review under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines for the replacement or reconstruction of an existing structure with the same size, purpose, and capacity. Likewise, because the construction cost estimate is less than $1,000,000, the Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), does not apply to this project.
Figure 1: Existing Monument Figure 2: Proposed Monument
ECONOMIC IMPACT
This item does not provide a direct economic impact. However, the construction of the monument sign will provide public safety and environmental benefits through the following:
Enhanced public safety: updated lighting for night visibility Environmental preservation: updated landscaping with drought-tolerant plants, low water-use irrigation controllers and cascading water feature, and low energy-use lighting
FISCAL IMPACT
The Adopted FY 2024 Capital Improvement Program (CIP) appropriated $200,000 to begin development for this project in the Capital Projects (Governmental) Fund – Fund 405. Any necessary budget adjustments once bids are received will be presented to Council for consideration and approval.
STRATEGIC ROADMAP
This item supports Council’s strategic priority of Invest in Infrastructure, specifically:
Invest in City Facilities and Property – Project N11: Replace and relocate the existing monument gateway sign located on Jackson Street and Silva Avenue
SUSTAINABILITY FEATURES
This item has no direct sustainability features. However, construction of the new sign will incorporate features such as recycled water, low water and energy use features, and light- colored pavers to reduce the urban heating effect.
PUBLIC CONTACT
Earlier this fiscal year, staff shared this project scope with the Keep Hayward Clean and Green Task Force for review after receiving a letter of support for the project.
NEXT STEPS
If Council approves this request, staff will publicize and collect bids. The estimated project schedule is outlined below:
Release Bids May 2024
Receive Bids June 2024
Award Construction Contract July 2024
Notice to Proceed August 2024
Construction Completion December 2024
Prepared by: Manny Grewal, Management Analyst
Rodney Affonso, Deputy Director of Maintenance Services
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND CALLING
FOR BIDS FOR THE JACKSON STREET GATEWAY MONUMENT SIGN PROJECT
WHEREAS, in FY23, Council direct Maintenance Services to replace and reconstruct the gateway monument sign located on Jackson Street and Silva Avenue, and
WHEREAS, the Project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act (CEQA) for existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facil ities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; and
WHEREAS, plans and specifications for the Project are on file in the City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED, that those certain plans and specifications for the Jackson Street Gateway Monument Sign Project, Project 405 -07488, on file in the City of Hayward’s City Clerk’s Office, are herby adopted as the plans and specifications for the Project, and
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law, and
BE IT FURTHER RESOLVED , sealed bids will therefore be received through the City’s online procurement website up to the hour of 5:00pm on June 17, 2024 , and immediately thereafter electronically opened, and
BE IT RESOLVED, that the City Council will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of the same.
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 24-265
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Approve the State Department of Housing and Community Development’sRequested Action and Adopt a Resolution Authorizing Joint Application to and Participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a Total Not-To-Exceed Amount of $10 Million
RECOMMENDATION
That the City Council will approve the State Department of Housing and Community Development’s requested modifications and adopt a resolution authorizing joint application to and participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a total not-to-exceed amount of $10 million.
SUMMARY
On June 20, 2023, Council adopted Resolution 23-154 authorizing a joint application with Bay Area Community Services (BACS) and the Cities of Livermore, Piedmont, and Union City for the State Homekey Program to fund the City’s Scattered Site Housing program, called Project Reclamation. As a scattered site program, Project Reclamation involves acquiring multiple single-family homes and converting them to supportive shared housing, bringing housing for those experiencing chronic homelessness into existing residential communities with proximity to services, transport, and social connections.
In addition to applying for State Homekey funding to support Project Reclamation, the City received a State earmark of $5.4 million for the program as part of the most recent State budget, Assembly Bill 179. Council adopted Resolution 22-299 on December 6, 2022, authorizing the City Manager to negotiate and execute a loan agreement with Bay Area Community Services for acquisition, rehabilitation, and operations associated with the scattered site program, using the AB 179 funding.
In November 2023, the City and its co-applicants received notice from the State Department of Housing and Community Development (HCD) that Project Reclamation received a conditional Homekey award. HCD laid out specific threshold requirements the City and its co-applicants CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
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File #:CONS 24-265
conditional Homekey award. HCD laid out specific threshold requirements the City and its co-applicants had to meet by February 2, 2024, to be considered for a final award. After submitting these subsequent materials, HCD staff identified an inconsistency in language used across the application to refer to BACS and directed city applicants to amend applicable resolutions, changing references from “Bay Area Community Services” to “Bay Area Community Services Housing Corporation,” as the Bay Area Community Services Housing Corporation is the entity that will be making the capital transactions and managing the properties for Project Reclamation.
On March 5, 2024, Council adopted Resolution 24-035 amending Resolution numbers 22-299 and 23-154 to address HCD’s feedback and clarify that the loan and Homekey partnership is with Bay Area Community Services Housing Corporation. Furthermore, the resolutions were amended to reflect that Council authorizes the City Manager or her designee to negotiate and execute all documents related to the Homekey program.
On May 8, 2024, HCD staff notified the City that the associated resolutions do not properly name all co- applicants and has requested a new resolution to clarify all applicants participating in the join application to and the participation in the State Homekey Program. This report provides staff’s recommendation in response to the State’s request.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Approve the State Department of Housing and Community Development’s Requested Modifications and Adopt a Resolution Authorizing Joint Application to and Participation in The State Homekey Program for The Project Reclamation Scattered Site Program in a Total Not-To-Exceed Amount of $10 Million
RECOMMENDATION
That the City Council will approve the State Department of Housing and Community Development’s requested modifications and adopt a resolution authorizing joint application to and participation in the State Homekey Program for the Project Reclamation Scattered Site Program in a total not-to-exceed amount of $10 million.
SUMMARY
On June 20, 20231, Council adopted Resolution 23-154 authorizing a joint application with Bay Area Community Services (BACS) and the Cities of Livermore, Piedmont, and Union City for the State Homekey Program to fund the City’s Scattered Site Housing program, called Project Reclamation. As a scattered site program, Project Reclamation involves acquiring multiple single-family homes and converting them to supportive shared housing, bringing housing for those experiencing chronic homelessness into existing residential communities with proximity to services, transport, and social connections.
In addition to applying for State Homekey funding to support Project Reclamation, the City received a State earmark of $5.4 million for the program as part of the most recent State budget, Assembly Bill 179. Council adopted Resolution 22-299 on December 6, 2022, authorizing the City Manager to negotiate and execute a loan agreement with Bay Area Community Services for acquisition, rehabilitation, and operations associated with the scattered site program, using the AB 179 funding.
1 June 20, 2023, meeting of the Hayward City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6264024&GUID=7153A3FF-D8D5-4396-9076- DD5BE189FC60&Options=&Search=
In November 2023, the City and its co-applicants received notice from the State Department of Housing and Community Development (HCD) that Project Reclamation received a conditional Homekey award. HCD laid out specific threshold requirements the City and its co- applicants had to meet by February 2, 2024, to be considered for a final award. After submitting these subsequent materials, HCD staff identified an inconsistency in language used across the application to refer to BACS and directed city applicants to amend applicable resolutions, changing references from “Bay Area Community Services” to “Bay Area Community Services Housing Corporation,” as the Bay Area Community Services Housing Corporation is the entity that will be making the capital transactions and managing the properties for Project Reclamation.
On March 5, 20242, Council adopted Resolution 24-035 amending Resolution numbers 22-299 and 23-154 to address HCD’s feedback and clarify that the loan and Homekey partnership is with Bay Area Community Services Housing Corporation. Furthermore, the resolutions were amended to reflect that Council authorizes the City Manager or her designee to negotiate and execute all documents related to the Homekey program.
On May 8, 2024, HCD staff notified the City that the associated resolutions do not properly name all co-applicants and has requested a new resolution to clarify all applicants participating in the join application to and the participation in the State Homekey Program. This report provides staff’s recommendations in response to the State’s request.
BACKGROUND AND DISCUSSION
The City of Hayward is leveraging multiple State and County funding sources to implement a scattered site housing program in partnership with Bay Area Community Services (BACS) Housing Corporation and the City of Union City. Known as Project Reclamation, the program converts single family homes to supportive shared housing, bringing housing for those experiencing chronic homelessness into existing residential communities with proximity to services, transport, and social connections.
The City will leverage the following funding sources for this project:
Assembly Bill 179 Scattered Site Earmark: On June 30, 2022, the Governor approved AB 179, the Budget Act of 2022. The bill included an award to the City of Hayward in the amount of $5.4 million for the Scattered Site Housing program. Council adopted Resolution 22-299 on December 6, 2022, authorizing the City Manager to negotiate and execute a loan agreement with Bay Area Community Services for acquisition, rehabilitation, and operations associated with the scattered site program using the AB 179 funding.
2 March 5, 2024, meeting of the City Council:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6561049&GUID=4727FAB5-CF2D-4336-8A6B- 4663CFE7F4AD&Options=&Search=
Homekey Round 3 Funding: On June 20, 2023, Council adopted Resolution 23-154 authorizing a joint application with BACS and Union City for the State Homekey Program to fund the City’s Scattered Site Housing program. Homekey funding would provide an award of up to $150,000 per door for capital expenses (i.e., application and rehabilitation) associated with Project Reclamation, as well as operating subsidy for up to three years.
County of Alameda HOME Investment Partnership Program American Rescue
Plan (ARP) Allocation: Along with the City of Union City and BACS, the City responded to a Request for Funding Proposals from the County of Alameda for projects that comply with HOME-ARP requirements from the Department of Housing and Urban Development. The project received $1.5M for operating expenses, conditional on receipt of Homekey funding and Board of Supervisors approval.
Council supported using the $5.4M approved under AB 179 primarily as down payment or acquisition loans to BACS to help them acquire a minimum of four single family homes, which would enable the Project Reclamation Homekey application to meet threshold requirements.
The City applied for Homekey funding in June 2023, using the AB 179 funding along with the HOME-ARP operating award from the County to provide enforceable funding commitments for the City’s local match as required in the Round 3 Homekey Notice of Funding Availability.
As previously stated, as part of the process to meet the conditional Homekey award requirements, HCD staff directed the City to amend applicable resolutions changing references from “Bay Area Community Services” to “Bay Area Community Services Housing Corporation”, BACS’ housing development entity. In March 2024, Council adopted Resolution 24-035 to address these inconsistencies.
On May 8, 2024, HCD staff notified the City that Resolution 23-154 does not properly name all co-applicants and that Resolution 24-035 does not clearly address the matter, and therefore request a new resolution that names both Bay Area Community Services Housing Corporation and Union City as co-applicants and remove cities that are no longer co-applicants.
Staff recommends that Council adopt a new resolution (Attachment II) to address HCD’s feedback and clarify that the loan and Homekey partnership is with Bay Area Community Services Housing Corporation and Union City.
ECONOMIC IMPACT
There is a positive economic impact from reducing homelessness and severe housing cost burden, which would be achieved through development of the recommended Homekey project.
FISCAL IMPACT
This item has no General Fund impact. The local capital match required for applying for the program will come from AB 179 funds dedicated to the scattered site project and the local operating match will come from Alameda County’s HOME-ARPA contribution.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect & Produce Housing.
Specifically, this item relates to the implementation of the following projects:
2b. Implement the Homelessness Reduction Strategic Plan
8b. Apply for state housing funding to support strategic partnerships and Council priorities
PUBLIC CONTACT
BACS will conduct targeted community outreach once properties are identified for Project Reclamation.
NEXT STEPS
If Council approves, staff will submit any outstanding Homekey application-related documents to HCD.
Prepared by: Carol Lee, Acting Community Services Manager
Recommended by: Regina Youngblood, Assistant City Manager
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
Hayward City Council
RESOLUTION NO. 24-____
Introduced by Council Member ____________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD
AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE STATE
HOMEKEY PROGRAM FOR THE PROJECT RECLAMATION SCATTERED SITE PROGRAM IN A TOTAL NOT-TO-EXCEED AMOUNT OF $10 MILLION
WHEREAS, t he State of California Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.); and
WHEREAS, in response to the “Request for Information for Projects and Properties to House People Experiencing Homelessness Through the Homekey Program” released by the City of Hayward on October 20, 2021, Bay Area Community Services submitted a proposal for the Project Reclamation supportive shared housing program; and
WHEREAS, the terms and conditions of the NOFA for the third round of Homekey include new provisions excepting supportive shared housing programs from pre -existing site control requirements and setting aside $40,000,000 of its discretionary reserve to fund up to four (4) supportive shared housing programs for up to $10,000,000 in capital acquisition, rehabilitation, and operational expenses per program; and
WHEREAS, t he CITY OF HAYWARD (“Lead Applicant”) desires to jointly apply for Homekey grant funds with BAY AREA COMMUNITY SERVICES HOUSING CORPORATION (“Corporation”) and Union City (“Co -Applicant”). Therefore, Lead Applicant is joining Corporation and Co -Applicant in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration; and
WHEREAS, t he Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department -approved STD 213, Standard Agreement (“Standard Agreement”), and all ot her legal requirements of the Homekey Program; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA”), the Program is a ministerial project and is therefore
ATTACHMENT II
exempt from review pursuant to Public Resource Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hayward that the City Manager or Designee is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $10,000,000.
BE IT FURTHER RESOLVED THAT if the Application is approved, the City Manager or Designee is hereby authorized and directed to execute a Standard Agreement , in a form to be approved by the City Attorney, in a total amount not to exceed $10,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).
BE IT FURTHER RESOLVED THAT Lead Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, in a form to be approved by the City Attorney, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, info rmation, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.
BE IT FURTHER RESOLVED THAT The City Manager or designee, is authorized to execute the Application and the Homekey Documents on behalf of Lead Applicant for participation in the Homekey Program.
BE IT FURTHER RESOLVED THAT t he City Manager or designee is authorized to negotiate and develop an agreement with the Co-Applicants and Corporation outlining the roles and responsibilities of each entity if the Application is approved, subject to the review and approval as to form by the City Attorney.
ATTACHMENT II
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 24-267
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Contract with AEI Consultants to Increase the Not-to-Exceed Amount by $200,000, for a Total Not-to-Exceed Amount of $400,000 to Provide Environmental Services for the Stack Center Phase I and II Project
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager execute an amendment to the contract with AEI Consultants (AEI) to increase the not-to-exceed amount by $200,000, for a total not -to-exceed amount of $400,000 to provide environmental services for the Stack Center Phase I and II project.
SUMMARY
In 2021, the City selected AEI to conduct environmental studies for the Stack Center Phase I construction, including collecting soil sampling and investigations to ensure compliance with Alameda County Department of Environmental Health (ACDEH) requirements. Staff will continue to work with AEI throughout the completion of Phase I of the project to address ACDEH conditional approval requirements. Staff is now recommending continuing receiving services from AEI consultants by increasing the not-to-exceed amount by $200,000 for a total amount not-to-exceed $400,000 to continue their environmental consulting services on Phase I and Phase II of the Stack Center project.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 1
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DATE: May 21, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Contract with AEI Consultants to Increase the Not-to-Exceed Amount by $200,000, for a Total Not-to-Exceed Amount of $400,000 to Provide Environmental Services for the Stack Center Phase I and II Project
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute an amendment to the contract with AEI Consultants (AEI) to increase the not-to-exceed amount by $200,000, for a total not-to-exceed amount of $400,000 to provide environmental services for the Stack Center Phase I and II project.
SUMMARY
In 2021, the City selected AEI to conduct environmental studies for the Stack Center Phase I construction, including collecting soil sampling and investigations to ensure compliance with Alameda County Department of Environmental Health (ACDEH) requirements. Staff will continue to work with AEI throughout the completion of Phase I of the project to address ACDEH conditional approval requirements. Staff is now recommending continuing receiving services from AEI consultants by increasing the not-to-exceed amount by $200,000 for a total amount not-to-exceed $400,000 to continue their environmental consulting services on Phase I and Phase II of the Stack Center project.
BACKGROUND AND DISCUSSION
On July 28, 2021, AEI prepared a Phase I Environmental Staff Assessment that did not identify evidence of a recognized environmental condition at the project site . However, during discussions with Alameda County Department of Environmental Health (ACDEH), due to a nearby site with impacted soil, soil gas , and groundwater, ACDEH requested a sub-slab soil gas sampling. In August 2022, staff received authorization to procure AEI to conduct the necessary subsurface environmental investigations and sampling in the amount of $59,950.
The soil results came back within the allowable limit for commercial properties but above the allowable limit for residential properties. Since this building is a community center, the
County is taking a cautious approach and has asked the City to work with AEI to design some mitigation measures to ensure that vapor is not an issue at the updated center.
On March 7, 2023, Staff recommended continuing services with AEI due to their familiarity with the project, ACDEH’s processes and their e xperience in proposing and implementing environmental mitigation solutions. Staff recommended for authorization to procure environmental services from AEI in an amount not-to-exceed $200,000.
On April 16, 2024, Staff held a work session for Council to review the Stack Center project phasing. At the work session, Council directed staff to move forward with Stack Center Phase II project. One of the first costs associated with construction of Phase II will be the ne ed for environmental testing at the site. Staff recommends an authorization of an additional $200,000 expenditure to complete needed tests, possible future tests, and mitigations measures for the remainder of the Stack Center Phase I project and for the Phase II project.
ECONOMIC IMPACT
This item will provide a positive economic impact by ensuring public health and safety through completing environmental studies and implementing mitigation strategies.
FISCAL IMPACT
The Adopted FY 2023 CIP Budget appropriated sufficient funds in the STACK Center Project, Project No. 06960. There will be no impact to the General Fund.
STRATEGIC ROADMAP
This agenda item supports the City’s Strategic Roadmap Priority “Invest in Infrastructure:” N13: Oversee the rebuilding of the South Hayward Youth and Family Center (the Stack)
NEXT STEPS
If Council approves this item, the City Manager will execute an amendment to the agreement with AEI to continue receiving services from AEI and process payments, change orders, and other administrative items as needed in an amount not-to-exceed $400,000.
Prepared by: Irene Perez, Management Analyst I
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECTUE AN
AMENDMENT TO THE CONTRACT WITH AEI CONSULTANTS TO INCREASE THE NOT-TO-EXCEED AMOUNT BY $200,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $400,000 TO PROVIDE ENVIRONMENTAL SERVICES FOR THE
STACK CENTER PHASE I AND PHASE II PROJECT
WHEREAS, in July 2021, AEI Consultants completed the Phase 1 Environmental Staff Assessment for the Stack Center project; and
WHEREAS, the A lameda County Department of Environmental Health (ACDEH) requested additional sub -soil gas sampling due to neighboring properties having environmental concerns; and
WHEREAS, in August 2022, staff was authorized to procure AEI Consultants to conduct the additional environmental investigations in the amount of $59,950; and
WHEREAS, soils results came back with environmental concerns requiring more testing and mitigation solutions; and,
WHEREAS, in March 2023, staff recommended continuing procuring services from AEI due to their familiarity with the project, ACDEH, and experience wi th environmental studies and mitigation solutions in the amount not-to-exceed $200,000; and,
WHEREAS, in April 2024, Council approved moving forward with Phase II of the Stack Center project and one of the first costs associated will be environmental testing; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to negotiate and execute an amendment to the contract with AEI Consultants to increase the not -to-exceed amount by $200,000, for a total contract amount not-to-exceed $400,000, to provide environmental investigation services to support the Stack Center Phase I and Phase II project, in a form approved by the City Attorney.
BE IT FURTHER RESOLVED, that the City Manager, or their designee, is authorized to process any and all payments, change orders, and other administrative tasks as needed in an amount not-to-exceed $400,000 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 #: CONS 24-276
DATE: May 21, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Approve and Execute an Agreement Between the City of Hayward and Dutra Enterprises, Inc., for the San Lorenzo Creek Bank Emergency Repair and Cost Sharing in an Amount Not-to-Exceed $400,000; and Determining that the Proposed Project is Categorically Exempt from CEQA.
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) authorizing the Interim City Manager to approve and execute an agreement for the San Lorenzo Creek Bank Emergency Repair between the City of Hayward and Dutra Enterprises, Inc., and approving cost share therefor to an amount not exceeding $400,000.
SUMMARY
The proposed agreement (Attachment III) provides for Dutra Enterprises, Inc. (Dutra) to repair and restore the San Lorenzo Creek Bank and a storm drain outfall to their pre-damage conditions, a short distance upstream on the A Street Bridge. A portion of the concrete armoring on the creek bank, that fell in the creek last winter, will be removed and new concrete armoring will be constructed to replace it. An erosion cavity created behind the damaged creek bank area will be backfilled and approximately 100-ft. of damaged storm drainpipe will also be replaced. The required emergency repair work is shown in Exhibit A attached to this report. The storm drainpipe discharges drainage from approximately 16 acres of residential area in the City, generally along B Street and 4th Street.
Dutra will complete the above described work under the terms and conditions of emergency permits issued to the City by the creek regulatory agencies and the City issued grading permit. Dutra will employ a team of the California State licensed and qualified construction contractor(s) and consultants with expertise in engineering, environmental and permit related fields. City will agree to reimburse 50% share of the total reasonable cost of this project.
ATTACHMENTS
CITY OF HAYWARD Printed on 5/17/2024Page 1 of 2
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File #:CONS 24-276
Attachment I Staff Report
Attachment II Resolution
Attachment III Proposed Dutra Enterprises, Inc. Agreement CITY OF HAYWARD Printed on 5/17/2024Page 2 of 2
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