Agenda Packet — Hayward City Council, June 4, 2024 (part 1 of 2)

Tuesday, June 4, 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

June 4, 2024City Council Agenda

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

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/88162559938?
pwd=Pse6ux__WYqW2XnO4CJiRUMotp3KPXFEU4w.Oez4xJlsvb-EihCL Meeting ID: 881 6255 9938
Password: CCm6/4@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 881 6255 9938
Password: 6721864138

SPECIAL JOINT HAYWARD CITY COUNCIL/REDEVELOPMENT

SUCCESSOR AGENCY/HOUSING AUTHORITY MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Syrop

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June 4, 2024City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
Remote Participation Based on AB 2449 Just CauseRPT 24-054

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

PRESENTATIONS
Fire Chief Garrett Contreras Retirement Commendation
Words for Lunch Program Commendation
2024 Arbor Day Proclamation
LGBTQIA+ Pride Month Proclamation

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.

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June 4, 2024City Council Agenda

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 Special City Council Meeting on April 30, 2024
MIN 24-0661.

Attachments: Attachment I Draft Minutes of 4/30/2024
Approve the Minutes of the City Council Meeting on May 7, 2024
MIN 24-0672.

Attachments: Attachment I Draft Minutes of 5/7/2024
Adopt a Resolution Authorizing the City Manager to Execute a 36-Month Agreement with Peregrine Technologies for Data Integration Services, with the Option to Renew for One
Additional 36-Month Term, in a Total Amount Not-to-Exceed $1,056,000
CONS 24-2823.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing an Affordable Housing Funding Agreement Between the Housing Authority of the City of
Hayward and the City of Hayward Granting $2 Million in
ARPA-SLFRF Funds to the Housing Authority of the City of Hayward for the Down Payment Assistance Program
CONS 24-2834.

Attachments: Attachment I Staff Report
Attachment II City Resolution
Attachment III HHA Resolution
Attachment IV Term Sheet

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June 4, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and Appropriate $ 31,800 for HASPA Dues for Fiscal Year 2025 (FY 2025)
CONS 24-2955.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution of Intention to Approve the Preliminary Engineer’s Report and Assessments for Fiscal Year 2025; and Set June 25, 2024, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18
CONS 24-2996.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer Report
Adopt a Resolution of Intention to Approve the Preliminary Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 25, 2024, as the Public Hearing Date
CONS 24-3007.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer Report
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 25, 2024, as the Public Hearing Date
CONS 24-3018.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineers Report

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June 4, 2024City Council Agenda
Adopt Resolutions Authorizing the City Manager to (1) Amend the Professional Services Agreement with Mark Thomas &
Company for Extended Construction Support Services by
$154,000 for a Not to-Exceed Amount of $1,780,180 and (2) Amend the Contract with Bellecci & Associates, Inc., by $72,500 for a Not-to Exceed Amount of $147,433 for the Mission
Boulevard Corridor Improvements Phase 3 Project, Project No. 05287
CONS 24-3029.

Attachments: Attachment I Staff Report
Attachment II Resolution Mark Thomas & Company
Attachment III Resolution Bellecci & Associates, Inc.

Adopt a Resolution Authorizing the City Manager to Execute the Eighth Amendment to the Purchase and Sale Agreement with Caltrans for Transfer and Development of State Highway 238 Bypass Properties that Extends the Deadline for the City to Dispose of the Properties by Five Years from 2027 to 2032 CONS 24-31610.

Attachments: Attachment II Staff Report
Attachment II Resolution

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June 4, 2024City Council Agenda

PUBLIC HEARING
FY 2025 Budget/CIP Public Hearing and Adoption: Public
Hearing for the Proposed FY 2025 Operating Budgets for the City of Hayward, Hayward Redevelopment Successor Agency, and Hayward Housing Authority; FY 2025 Capital Improvement Program Budget; Adoption of the FY 2025 Operating Budgets and Appropriations for FY 2025; Adoption of the FY 2025 Capital Improvement Program Budget and Appropriations for FY 2025; Adoption of the Hayward Redevelopment Successor Agency Budget; and Adoption of the Hayward Housing
Authority Budget (Report from Finance Director Gonzales) PH 24-02411.

Attachments: Attachment I Staff Report
Attachment II Operating Budget Resolution
Attachment III Budget Resolution Ex A & B
Attachment IV Budget Redev Agency Successor Resolution
Attachment V Budget Housing Authority Resolution
Attachment VI CIP Budget Resolution
Attachment VII Budget Community Agency Resolution
Attachment VIII Community Agency Recommendations
Attachment IX General Fund Long Range Financial Model
Gann Limit Adoption: Adopt a Resolution Establishing a Gann Appropriations Limit for Fiscal Year 2025 (Report from
Finance Director Gonzales)
PH 24-02312.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Gann Appropriation Limit
Attachment IV FY 2025 Adjustment Factor

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June 4, 2024City Council Agenda

LEGISLATIVE BUSINESS
Fiscal Year 2025 Strategic Roadmap: Resolution Approving and Adopting the City of Hayward Strategic Roadmap (Report from Interim City Manager Claussen)
LB 24-01513.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY25 Strategic Roadmap for Adoption
Attachment IV Approach for Dashboard

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 MEETING, June 18, 2024, 7:00 PM

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

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

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June 4, 2024City Council Agenda

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: RPT 24-054
DATE: June 4, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Remote Participation Based on AB 2449 Just Cause

RECOMMENDATION
Council Member Andrews requested to participate via the Zoom platform under AB 2449 Brown Act teleconferencing “just cause” situation as defined in Government Code section 54953(f)(2)(A)(i) and 54953(j)(2)(A).

ATTACHMENTS
None
CITY OF HAYWARD Printed on 5/31/2024Page 1 of 1
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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-066
DATE: June 4, 2024
TO: Mayor and City Council
FROM: City Clerk

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

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

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

ATTACHMENTS
Attachment I Draft Minutes of 4/30/2024
CITY OF HAYWARD Printed on 5/31/2024Page 1 of 1
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, April 30, 2024, 7:00 p.m.

The Special City Council meeting was called to order by Mayor Salinas at 7:03 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Zermeño

ROLL CALL

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

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on April 30, 2024, at 5:30 p.m., with all members present and no public speakers, regarding conference with legal counsel pursuant to Government Code section 54956.9(d)(1) concerning Jack Wu, et al. v. City of Hayward, Alameda County Superior Court Case Number 24CV070229. City Attorney Lawson announced the Council met regarding the item and took no reportable action. The closed session adjourned at 6:30 p.m.

PRESENTATIONS

The following speakers recognized City Manager Kelly McAdoo upon her departure from the City of Hayward and paid tribute to her for her 14 years of service . Various praised her dedication, leadership, and innovative approaches to addressing local issues, including housing solutions, immigration support, and homelessness response. Speakers also emphasized her pivotal role in transforming Hayward into a leader in various civic initiatives, her role in enhancing City operations and her adept handling of challenges during the COVID-19 pandemic.

Ron Payne representing Congressman Eric Swalwell
Nurges Gheyszada representing Senator Aisha Wahab
Rosa Rodriguez representing Assemblymember Liz Ortega
Hayward Area Recreation and Park District General Manager James Wheeler Hayward Area Recreation and Park District Board President Peter Rosen Hayward Unified School District Superintendent Dr. Jason Reimann Chabot College President Jamal Cooks
US Senator Alex Padilla representative
US Senator Laphonza Buttler representative
Former Mayor Halliday
Bishop JW Macklin
Library Director Addleman
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Rosalinda Romero
Hayward Chamber of Commerce CEO Lucy Lopez
Kay
Nora Schram
Former Council Member Peixoto
Sophia Morariu
Council Member Zermeño
Council Member Roche
Council Member Bonilla Jr.

Council Member Andrews
Council Member Goldstein
Council Member Syrop
Mayor Salinas

PUBLIC COMMENTS
Kay urged the Council to address ongoing tenant issues and emphasized the importance of strong tenant protections to prevent illegal evictions and combat homelessness.

Ro Aguilar expressed appreciation for City Manager McAdoo’s leadership and influence and acknowledged her impact on the development of a competent and service-oriented City staff.

CITY MANAGER’S COMMENTS

City Manager McAdoo made two announcements: 1) two Spring Compost Giveaway events on May 4, 2024, and May 18, 2024, at the Skywest property adjacent to the Hayward Executive Airport; and 2) May is Bike Month, with a special "Bike to Wherever Day" scheduled for May 16, 2024.

ADJOURNMENT

Mayor Salinas adjourned the special City Council meeting at 8:53 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-067
DATE: June 4, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the City Council Meeting on May 7, 2024

RECOMMENDATION
That the Council approves the City Council meeting minutes of May 7, 2024.

SUMMARY
The City Council held a meeting on May 7, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 5/7/2024
CITY OF HAYWARD Printed on 5/31/2024Page 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, May 7, 2024, 7:00 p.m.

The City Council meeting was called to order by Mayor Salinas at 7:04 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Andrews

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

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on May 7, 2024, at 5:30 p.m., with all members present and two public speakers (John Varga and Erendira Garcia) regarding a conference with labor negotiators pursuant to Government Code section 54957.6 about negotiations with all bargaining groups. City Attorney Lawson reported the Council provided direction to staff, but took no reportable action. The closed session adjourned at 6:55 p.m.

PRESENTATIONS

Mayor Salinas read a proclamation declaring the month of May 2024 as Asian American and Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month in the City of Hayward. Quyn Anh Nguyen and Samantha T ran accepted the proclamation on behalf of the Vietnamese American Group. Deanie Lum-Villiados accepted the proclamation on behalf of the Kumu Hula Association of Northern California. Lani Llamido accepted the proclamation on behalf of the Asian and Pacific Islander Community Initiative of Hayward Unified School District.

Mayor Salinas read a proclamation presented to East Bay Housing Organizations and declared the month of May 2024 as Affordable Housing Month in the City of Hayward.

Mayor Salinas read a proclamation declaring the week of May 5, 2024, through May 11, 2024, as Public Service Recognition Week in the City of Hayward. Human Resources Director Brittany Frye accepted the proclamation on behalf of the City of Hayward.

PUBLIC COMMENTS
The following individuals thanked the Council for recognizing public employees; spoke about the importance of a safe work environment, fair compensation, a healthy work-life balance to attract and retain talent; and urged Council to support fair and equitable wage packages in upcoming contract negotiations:

Brianne Elizarrey, IPTE Local 21 president
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John Varga, IPTE Local 21 representative
Danny Magalhaes, Hayward Association of Management Employees president Peggy Guernsey acknowledged Teacher Appreciation Day , highlighting the dedication of teachers, and expressed gratitude to City workers and volunteers for their contributions.

Kay spoke about the need for the City to hold landlords accountable, enforce housing codes, and better support tenants' rights.

Kay, speaking on behalf of another person, alleged the City removed tenant protections; condemned the City's non-enforcement of housing violations; and emphasized the need for public officials to serve the greater good rather than special interests.

Shareen Ram, AC Transit representative, spoke about the Realign Draft Plan which outlines the vision for the bus network to meet post-pandemic needs within current resources; and noted public input will be received from May 15, 2024, to June 5, 2024.

CITY MANAGER’S COMMENTS

Interim City Manager Claussen made four announcements: 1) the free diaper distribution for low-income Hayward residents is scheduled for May 9, 2024 at the Downtown Hayward Library; 2) the East Bay Greenway Bike Lane project team will have a pop-up at the Hawaiian May Day Festival on May 11, 2024; 3) the City will host a community meeting via Zoom on May 9, 2024, to provide an update on short-term plans and feedback response on the Orchard Avenue Traffic Calming Project; and 4) the next Compost Giveaway event is scheduled for May 18, 2024, at the Skywest property adjacent to the Hayward Executive Airport.

CONSENT

Consent Items 4 and 9 were removed from the Consent Calendar. There was a comment on Item 6.

1. Approve the Minutes of the City Council Meeting on April 16, 2024 MIN 24-055 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 16, 2024.

2. Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with the Alameda County Probation Department to Provide Delinquency Prevention Network Services and to Accept and Appropriate $233,441 from Alameda County to Fund the Extension CONS 24-219

Staff report submitted by Police Chief Matthews, dated May 7, 2024, was filed.

It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously, 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, May 7, 2024, 7:00 p.m.

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

Resolution 24-080, “Resolution Authorizing the City Manager to Amend and Extend an Agreement with the Alameda County Probation Department to Provide Delinquency Prevention Network Services and to Accept and Appropriate $233,441 from Alameda County to Fund the Extension”

3. Adopt Resolutions Authorizing the City Manager to Accept and Appropriate $246,855 from Alameda County Health Care Services and $120,000 from the Hayward Unified School District for School -Based Mental Health Care Services for Fiscal Year 2024 Through 2025 and to Negotiate and Execute Agreements with Those Entities for Such Services CONS 24-220

Staff report submitted by Police Chief Matthews, dated May 7, 2024, was filed.

It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously, to adopt the resolutions.

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

Resolution 24-081, “Resolution Authorizing the City Manager to Accept and Appropriate $246,855 from Alameda County Health Care Service for School-Based Mental Health Services for Fiscal Year 2024 Through 2025 and to Negotiate and Execute an Agreement with the County for Such Services”

Resolution 24-082, “Resolution Authorizing the City Manager to Accept and Appropriate $120,000 from the Hayward Unified School District for School-Based Mental Health Services for Fiscal Year 2024 Through 2025 and to Negotiate and Execute an Agreement with the District for Such Services”
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4. 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 24-222

Staff report submitted by Public Works Director Ameri, dated May 7, 2024, was filed.

It was moved by Mayor Salinas, seconded by Council Member Zermeño, and carried unanimously, to continue the item.

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

5. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2024 Through 2025 and Accept and Appropriate between $250,000 and $350,000 in Reimbursements for Medi- Cal Administrative Activities Services Provided by the City of Hayward CONS 24-226

Staff report submitted by Police Chief Matthews, dated May 7, 2024, was filed.

It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously, to adopt the resolution.

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

Resolution 24 -083, “Resolution Authorizing the City Manager to Execute an Agreement with the Alameda County Health Care Services Agency for Fiscal Year 2024 Through 2025 and to Accept and Appropriate Between $ 250,000 and $350,000 in Reimbursements for Medi-Cal Administrative Activity Services Provided by the City of Hayward”

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, May 7, 2024, 7:00 p.m.

6. Adopt a Resolution Authorizing the City Manager to Submit an Application to California Department of Forestry and Fire Protection for the Urban and Community Forestry Grant Program, Execute a Funding Agreement, and Accept and Appropriate Funds if Awarded CONS 24-227

Staff report submitted by Maintenance Services Director Rullman, dated May 7, 2024, was filed.

Council Member Zermeño applauded City staff and Public Works Director Ameri for their efforts on the project, and expressed hopes for receiving the grant.

It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously, to adopt the resolutions.

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

Resolution 24 -084, “Resolution Supporting Submission of an d Application for Funding from the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection”

Resolution 24 -085, “Resolution Supporting the Acceptance and Appropriation of Urban and Community Forestry Grant Funds from the California Department of Forestry and Fire Protection in Capital Government Fund (Fund 405)”

7. Adopt a Resolution Approving Addendum No. 1, Rejecting the Bid Protest and Awarding a Construction Contract to Radius Earthwork, Inc., in the Amount of $4,529,499 for the Main Street Complete Street Project, Project No. 05283, and Appropriating Additional Funds in the Amount of $2,604,499 CONS 24-230

Staff report submitted by Public Works Director Ameri, dated May 7, 2024, was filed.

It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously, to adopt the resolution.

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

Resolution 24 -086, “Resolution Approving Addendum Number 1, Rejecting the Bid Protest of Sposeto Engineering, Awarding a Contract to Radius Earthwork, Inc. in the Amount of $4,529,499 for the Main Street Complete Street Project, Project Number 05283, and Appropriating Additional Funds in the Amount of $2,604,499”

8. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $250,000 in One Bay Area Grant Program Funds from Alameda County Transportation Commission for the Development of a Community Based Transportation Plan, Project 06940 CONS 24-231

Staff report submitted Public Works Director Ameri, dated May 7, 2024, was filed.

It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously, to adopt the resolution.

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

Resolution 24-087, “Resolution Authorizing the City Manager to Accept and Appropriate $250,00 in One Bay Area Grant Program Funds from the Alameda County Transportation Commission for the Development of a Community-Based Transportation Plan Project No. 06940”

9. Adopt a Resolution in Support of the College Heights (formerly Bayview Quarry Village) Concept Project CONS 24-233

Staff report submitted by Development Services Director Buizer, dated May 7, 2024, was filed.

Sherman Lewis, Hayward Area Planning Association president, spoke in favor of a resolution supporting a quarry project he has been developing for many years , and noted he is now working with a cost consultant to create a more appealing pro forma for developers and banks.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, May 7, 2024, 7:00 p.m.

Peggy Guernsey expressed support for the project, highlighting its benefits included housing for teachers, affordability, environmental support, and minimal parking with available shuttles and buses.

It was moved by Council Member Roche, seconded by Council Member Bonilla Jr., and carried unanimously, to adopt the resolution.

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

Resolution 24 -088, “Resolution Expressing Support for the College Heights, Formerly Bayview Village, Proposal as Developed by the Hayward Area Planning Association”

WORK SESSION

10. Capital Improvement Program Work Session: Review of Recommended Capital Improvement Program for Fiscal Year 2025 - Fiscal Year 2034 WS 24-014

Staff report submitted by Public Works Director Ameri, dated May 7, 2024, was filed.

Public Works Director Ameri announced the Fiscal Years 2025 -2034 Recommended Capital Improvement Program (CIP) and introduced Management Analyst Michael Wolny who provided an overview of the recommendation.

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

Kay questioned what proactive actions are being taken to address homelessness and tenant rights in the CIP, and added that City employees expressed concerns about cost of living.

Suzanne, Hayward Concerned Citizens member, sought clarification on where in the proposed budget is money allocated for the new safety building.

Mayor Salinas closed the public comment section at 8:24 p.m.

Members of the City Council thanked staff for the ir work with the CIP budget and members of the Council Infrastructure Committee for their review; expressed appreciation for the user- friendly online budget portal and the addition of status reports for transparency. 8 | M a y 7 , 202 4
Discussion ensued among members of the City Council and City staff and the following clarifications were made:
a small percentage of the $1 billion Capital Improvement Program (CIP) budget would come from the General Fund over a ten -year period and most funding would come from self - sufficient City enterprises like water, sewer, and the airport; projects are prioritized by fiscal year, with specific projects for Fiscal Year 2025 already outlined; the recently approved $12 million for street sections is part of the Fiscal Year 2024 planning; coordination between sewer and pavement projects exists, with the sewer Enterprise Fund-supported covering pipeline replacement and backfilling, and the Pavement Rehabilitation project handling repaving the street ; there are ongoing discussions with Caltrans regarding the need for improving pedestrian access at the Tennyson/I-880 Interchange and staff is also looking for grants; there are various public art management opportunities, such as cross walks; the increase in security funds was increased to pursue priority items such as the Watkins garage; the CIP budget covers infrastructure projects, while the operating budget covers daily operations and staffing; the City is collecting public input on support of facility needs, such as the Public Safety Center which would potentially benefit from the potential extension of the half-cent sales tax; the Hayward Housing Navigation Center (Project 06955) is closing out in Fiscal Year 2024; there is ongoing efforts to secure grants for unfunded capital projects beyond the potential expansion of the half-cent sales tax; there is an emphasis on equity in prioritizing street repaving projects, considering both technical assessments and community feedback; there was specific funding transfers involving Measure C funds; the Orchard Avenue project includes improvements such as traffic calming measures; there were updates on sidewalk improvements near the Mission Boulevard Linear Park and the Mission Boulevard Corridor Improvements Phase Three project ; and the replacement of the Hayward sign on Jackson Boulevard is in progress.

Members of the Council offered the following suggestions: since the Russell City Engagement & Art (Project 06922) does not have a budget allocation, confirm if there is a recommendation looped into other budget recommendations; explore ways in how the City works as a community to bring more funds for critical projects beyond pursuing grants and potential extension of the half-cent sales tax; evaluate the need for a street sign at the intersection of E Street and East Avenue due to its dangerous nature; and as other projects in the City are considered, take into account an interdisciplinary approach and make sure maintenance is involved.

LEGISLATIVE BUSINESS

11. Water and Wastewater Enterprise Revenue Bond Law Introduction of an Ordinance Adding Article 22 to the Chapter 8 of the Hayward Municipal Code regarding Water and Wastewater Enterprise Revenue Bond Law; Finding that this Action is Subject to CEQA Common Sense Exemption LB 24-013

Staff report submitted by Finance Director Gonzalez and Public Works Director Ameri, dated May 7, 2024, was filed.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, May 7, 2024, 7:00 p.m.

There being no objections from members of the City Council, Mayor Salinas noted he was forgoing the staff’s presentation and provided an opportunity for any comments and questions.

There were none.

There being no public comment, Mayor Salinas opened and closed the public hearing at 9:00 p.m.

It was moved by Council Member Bonilla Jr., seconded by Council Member Andrews, and carried unanimously, to introduce the ordinance.

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

Introduction of Ordinance 24 -_, “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”

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Roche thanked the staff for organizing the Homegrown in Hayward event at Bidwell Park on April 27, 2024, and noted the event was well-received by the Fairway Park neighbors, who appreciated the staff's canvassing efforts to raise awareness.

Council Member Syrop provided an update on the South Hayward market, noting that Eden Youth will be the fiscal sponsor applying for the BART permit; and noted the permit application has been submitted, and final dates are being finalized, with updates and marketing materials to be shared soon.

Mayor Salinas acknowledged recent events celebrating student achievements, including the African American Student Achievement and Excellence Awards and the Hayward Unified School District’s Annual Latino Recognition Night at Chabot College; highlighted the extraordinary accomplishments of students transitioning to higher grades and graduating, with some attending prestigious universities and receiving scholarships; and mentioned the Friends of Chabo t College Foundation's scholarship luncheon, which awarded over $118,000 to students.

10 | M a y 7 , 202 4

COUNCIL REFERRALS

There were none.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 9:10 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-282
DATE: June 4, 2024
TO: Mayor and City Council
FROM: Police Chief
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a 36-Month Agreement with Peregrine Technologies for Data Integration Services, with the Option to Renew for One Additional 36-Month Term, in a Total Amount Not-to-Exceed $1,056,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a 36-month agreement with Peregrine Technologies for a multi-platform integration software subscription, with the option to renew for one additional 36-month term, in a total amount not to exceed $1,056,000.

SUMMARY
The Hayward Police Department currently uses multiple data systems for its daily operations; the majority of which operate separately and are not linked. That being the case a significant amount of time, training, and effort is spent to cross analyze case-related data and effectively investigate crime trends.

These systems do not currently allow the department to both proactively understand and respond to public safety concerns in real time.

Peregrine is an advanced analytic platform that provides a single point of access to view and analyze large-scale, real-time data from multiple data sources. The software performs several critical functionalities including data integration, search and information retrieval, advanced analytics, data management, collaboration, access control, and security.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: June 4, 2024

TO: Mayor and City Council

FROM: Police Chief

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a 36-Month Agreement with Peregrine Technologies for Data Integration Services With the Option to Renew for One Additional 36-Month Term, in a Total Amount Not-to- Exceed $1,056,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a 36-month agreement with Peregrine Technologies for a multi-platform integration software subscription, with the option to renew for one additional 36-month term, in a total amount not to exceed $1,056,000.

BACKGROUND

The Hayward Police Department currently uses multiple data systems for its daily operations; the majority of which operate separately and are not linked. That being the case a significant amount of time, training, and effort is spent to cross analyze case-related data and effectively investigate crime trends. These systems do not currently allow the department to both proactively understand and respond to public safety concerns in real time.

DISCUSSION

Peregrine Technologies provides a comprehensive solution for data integration through their proprietary software that allows all personnel to access multiple databases through one useful, actionable, portal. Peregrine will integrate new and archived Computer Aided Dispatch (CAD) data, new and archived Records Management Systems (RMS) data, traffic accident diagrams and reporting, mapping information, body and dash camera footage, automatic

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license plate reader information (to include the Flock License Plate Reader system being expanded), and many other Public Safety data sources. This will create a comprehensive dashboard to easily gain immediate, real-time, access to virtually all of Hayward’s Public Safety information.

Currently, the process of critically analyzing data and producing meaningful reports is primarily done manually. This is extremely inefficient and costly. Peregrine Technologies provides a powerful, unique solution that allows for intelligent analysis and reporting capabilities across all platforms and applications currently utilized by the Police Department, and can also integrate other citywide platforms. Peregrine does not create or bring any new data to the city, but rather utilizes data from systems the city owns and makes it quickly functional. In addition to significant improvements to police operations, the system will also act as a workforce multiplier by creating operational efficiencies, particularly regarding crime stat reporting and real-time investigative tools. This is now a cumbersome manual process involving many individuals in various roles.

Peregrine provides a powerful solution to address the demand for increased transparency by enabling staff to more easily respond to Public Records Act requests, subpoenas, and the public demand for meaningful fact-based information related to policing (i.e., informal and formal public contacts, community engagement, deployment of resources, crime trends, policies and procedures, use of force, etc.).

The cost for Peregrine Technologies’ hosted system with data integration services is $528,000 for a three-year contract, including a 15% contingency. The department also requests the option to renew for one additional three-year term for a total not to exceed amount of $1,056,000 for six (6) years, including a 15% contingency.

FISCAL IMPACT

The aggregate three-year subscription with Peregrine Technologies is $528,000 An option to renew for one additional 36-month term would total a not-to-exceed of $1,056,000 with Peregrine Technologies The annual cost of the software would be $153,000, plus the 15% contingency, for a total annual budget of up to $176,000.

The initial two fiscal years (FY 2024 and FY 2025) of this agreement with Peregrine Technologies will not have an additional impact on the City’s General Fund as the department intends to use salary savings from vacant positions to offset the cost of the agreement. Beginning in FY 2026, staff will establish a Capital Improvement Project for Council’s consideration.

STRATEGIC ROADMAP

While this agenda item does not directly support one of its 27 enumerated projects, the agreement with Peregrine Technologies would further the Strategic Priority of Enhancing Community Safety and Quality of Life through its centralized platform that connects a variety of Hayward Police Department data systems and presents the results in a single

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comprehensive dashboard. With this new data integration, police staff will be able to immediately surface and identify actionable information to prevent and respond to crimes, conduct more in-depth investigations, and ultimately solve and prevent more crime in Hayward.

NEXT STEPS

If the Council authorizes this action, staff will enter into an agreement with Peregrine Technologies for Data Integration Services in the amount not-to-exceed $1,056,000 over six years.

Prepared by: Dan Olsen, Investigations Division Captain

Recommended by: Bryan Matthews, Chief of Police

Approved by:

Dustin Claussen, Interim City Manager

Page 1 of 2 ends

HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member _

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXEC UTE A 36-MONTH

AGREEMENT WITH P EREGRINE TECHNOLOGIE S FOR DATA INTEGRATION SERVICES WITH THE OP TION TO RENEW FOR ON E ADDITIONAL 36 -MONTH TERM, IN AN AMOUNT NOT-TO-EXCEED $1,056,000

WHEREAS, the Hayward Police Department currently uses multiple data systems for its daily operations that are not linked and require a significant amount of time, training, and effort to cross-analyze case-related data and effectively investigate crime trends; and

WHEREAS, Peregrine is an advanced analytic platform that provides a single point of access to view and analyze large-scale, real-time data from multiple data sources; and

WHEREAS, the City of Hayward intends to contract with Peregrine Technologies for a 36-month term with the option to renew for one additional 36-month term; and

WHEREAS, the annual cost of the software, plus a 15% contingency, is $176,000, and will be funded using salary sa vings from vacant positions within the Hayward Police Department for the first 24 months and will be built into a Capital Improvement Project for fiscal year 2026 and beyond.

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 36-month agreement with Peregrine Technologies, with an option to renew for one additional 36 -month term, in an amount not-to-exceed $1,056,000 over the six-year period.

Page 2 of 2 ends

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 24-283
DATE: June 4, 2024
TO: Mayor and City Council
Hayward Housing Authority Board
FROM: Development Services Director

SUBJECT
Adopt a Resolution Authorizing an Affordable Housing Funding Agreement Between the Housing Authority of the City of Hayward and the City of Hayward Granting $2 Million in ARPA-SLFRF Funds to the Housing Authority of the City of Hayward for the Down Payment Assistance Program

RECOMMENDATION
That the City Council adopt a resolution authorizing the City Manager to negotiate and execute an affordable housing funding agreement between the Housing Authority of the City of Hayward and the City of Hayward granting $2 million of APRA-SLFRF funds to the Housing Authority of the City of Hayward; and
That the Housing Authority Board adopt a resolution authorizing the Executive Director to: (1) negotiate and execute an affordable housing funding agreement between the Housing Authority of the City of Hayward and the City of Hayward granting $2 million of APRA-SLFRF funds to the Housing Authority of the City of Hayward; and (2) execute loan documents, administer the loans and subordinate, extend or modify repayment terms to implement affordable housing activities under ARPA-SLFRF rules.

SUMMARY
On June 6, 2023, the City Council approved the reallocation of $2 million in American Rescue Plan Act 2021 Coronavirus State and Local Fiscal Recovery Funds (“ARPA-SLFRF”)allocated for housing programs to establish a down payment assistance program and revolving loan fund to assist both current and future low-income homebuyers. Additionally, staff anticipated pairing the down payment assistance program with the social impact bonds (“SIB”) program to make units more accessible to low-income purchasers which has delayed implementation of the down payment assistance program while the feasibility of the SIB program is determined. The purpose of this report is to request authorization for the Housing Authority of the City of Hayward (“Authority”) and the City of Hayward (“City”) to enter into an affordable housing funding agreement to grant the $2 million in ARPA-SLFRF for the down payment assistance program to the Authority to obligate the funds by the December 31, 2024 ARPA-SLFRF program deadline and authorize the Authority to administer the down payment assistance program.

CITY OF HAYWARD Printed on 5/30/2024Page 1 of 2
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File #:CONS 24-283

ATTACHMENTS
Attachment I Staff Report
Attachment II City Resolution
Attachment III HHA Resolution
Attachment IV Term Sheet
CITY OF HAYWARD Printed on 5/30/2024Page 2 of 2
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DATE: June 4, 2024

TO: Mayor and City Council
Housing Authority Board

FROM: Development Services Director

SUBJECT: Downpayment Assistance Program: Adopt a Resolution Authorizing an Affordable Housing Funding Agreement Between the Housing Authority of the City of Hayward and the City of Hayward Granting $2 Million in ARPA-SLFRF Funds to the Housing Authority of the City of Hayward for the Down Payment Assistance Program

RECOMMENDATION

That the City Council adopt a resolution authorizing the City Manager to negotiate and execute an affordable housing funding agreement between the Housing Authority of the City of Hayward and the City of Hayward granting $2 million of APRA-SLFRF funds to the Housing Authority of the City of Hayward; and

That the Housing Authority Board adopt a resolution authorizing the Executive Director to: (1) negotiate and execute an affordable housing funding agreement between the Housing Authority of the City of Hayward and the City of Hayward granting $2 million of APRA-SLFRF funds to the Housing Authority of the City of Hayward ; and (2) execute loan documents , administer the loans and subordinate, extend or modify repayment terms to implement affordable housing activities under ARPA-SLFRF rules.

SUMMARY

On June 6, 2023, the City Council approved the reallocation of $2 million in American Rescue Plan Act 2021 Coronavirus State and Local Fiscal Recovery Funds (“ARPA-SLFRF”) allocated for housing programs to establish a down payment assistance program and revolving loan fund to assist both current and future low-income homebuyers. Additionally, staff anticipated pairing the down payment assistance program with the social impact bonds (“SIB”) program to make units more accessible to low -income purchasers which has delayed implementation of the down payment assistance program while the feasibility of the SIB program is determined. The purpose of this report is to req uest authorization for the Housing Authority of the City of Hayward (“Authority”) and the City of Hayward (“City”) to enter into an affordable housing funding agreement to grant the $2 million in ARPA-SLFRF for the down payment assistance

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program to the Authority to obligate the funds by the December 31, 2024 ARPA-SLFRF program deadline and authorize the Authority to administer the down payment assistance program.

BACKGROUND

On May 31, 1946, City Council approved Resolution No. 1669 N.S. establishing the Housing Authority of the City of Hayward to provide decent, safe and sanitary housing in the City of Hayward.

On April 27, 2021, the City Council adopted a resolution authorizing the acceptance of $38 million in federal stimulus allocation under the American Rescue Plan of 2021 Coronavirus State and Local Fiscal Recovery Funds (“ARPA-SLFRF”) program.1 On July 13, 2021, City Council approved the Hayward Federal Stimulus Expenditure Plan which included $4.25 million for housing programs.2 On June 6, 2023, the City Council approved the reallocation of $2 million in ARPA-SLFRF allocated for housing programs to establish a down payment assistance program and revolving loan fund to assist both current and future low -income homebuyers.3 In that same meetin g, City Council expressed support for pairing the down payment assistance program with a social impact bonds (“SIB”) program or making the down payment assistance program a standalone program if the SIB program was not feasible. Staff are still working with non-profit partners and consultants to determine the feasibility of the SIB program which has delayed the implementation of the down payment assistance program.

DISCUSSION

To meet the December 31, 2024 deadline to obligate ARPA-SLFRF, staff recommends obligating $2 million in ARPA-SLFRF to the Authority to administer the down payment assistance program. Down payment assistance is one tool to address barriers to homeownership and to help mitigate the racial wealth divide. The down payment assistance would be provided in the form of a shared appreciation loan in an amount not -to-exceed $300,000. To be eligible , borrowers must be low -income, first-time homebuyers, and preference will be given to applicants that either live or work in the City of Hayward. Additionally, to ensure that the down payment assistance program will also assist future households, a revolving loan fund will be established to provide down payment assistance loans to future eligible households from loan proceeds.

Subject to finalizing the SIB program before the end of the calendar year, staff intends to pair the down payment assistance program with a SIB program. The SIB program would use bond

1 April 27, 2021, City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4923169&GUID=F3B939CF -3D97-4F0A-A5AE- 8F3A12255314
2 July 13, 2021, City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=5028015&GUID=E0215022 -6A47-486F-81C4- 9BFB2583AE10
3 June 6, 2023, City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6247761&GUID=2860D9DD -94D3-4CE6-94D4- 551B137106B4

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proceeds to acquire vacant or blighted properties and rehabilitate them for resale at affordable prices to eligible first-time homebuyers. Staff are still working with non-profit partners and consultants to determine the feasibility of such a program which has delayed the implementation of the down payment assistance program. If staff determines that the SIB program will not have properties available in a timely manner, the Authority would provide down payment assistance to assist eligible community members purchase market ra te properties.

To obligate $2 million in ARPA-SLFRF funds for the purpose of establishing a down payment assistance program, staff recommend that the Authority and the City enter into an affordable housing funding agreement. The primary terms of the affordable housing funding agreement include:

 City to provide Authority with grant of $2 million in ARPA-SLFRF funds;  The Authority will provide affordable housing program activities in compliance with ARPA-SLFRF regulations and rules;
 Authority to expend all funds by December 31, 2026.

A term sheet has been provided as Attachment IV with additional details about the terms of the affordable housing funding agreement.

ECONOMIC IMPACT

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

FISCAL IMPACT

This item has no impact on the City’s General Fund. The down payment assistance program is funded by ARPA-SLFRF designated for housing programs in the FY 2024 budget.

STRATEGIC ROADMAP

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

Goal: Protect the Affordability of Existing Housing
Objective H16: Provide creative financing like down payment assistance to help more buyers get unrestricted deed properties.

If paired with the SIB program, this item would also support the following goal and objective:

Goal: Incentivize Housing Production for All

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Objective H7: Explore Social Impact Bond Program to convert tax-defaulted or vacant and blighted properties into wealth building ownership opportunities.

PUBLIC CONTACT

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

NEXT STEPS

Staff will work with City Attorney’s Office to draft the affordable housing funding agreement.

Staff will implement the down payment assistance program either in conjunction with the SIB program or independent of it with sufficient time to meet the December 31, 2026 expenditure deadline.

Prepared by: Doris Tang, Management Analyst

Recommended by: Christina Morales, Development Services Deputy Director Sara Buizer, AICP, Development Services Director

Approved by:

_________________________________
Dusting Claussen, Interim City Manager

Attachment II

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CITY COUNCIL OF THE CITY OF HAYWARD

RESOLUTION NO.

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE AN AFFORDABLE HOUSING FUNDING AGREEMENT BETWEEN

THE HOUSING AUTHORITY OF THE CITY OF HAYWARD AND THE CITY OF HAYWARD GRANTING $2 MILLION OF ARPA -SLFRF FUNDS TO THE

HOUSING AUTHORITY OF THE CITY OF HAYWARD

WHEREAS, the Housing Authority of the City of Hayward (the “Housing Authority”) was formed to provide decent, safe and sanitary housing in the City of Hayward; and

WHEREAS, the City of Hayward (the "City") received funding pursuant to Title IX, Subtitle M, Section 9901 of the American Rescue Plan Act of 2021 (P.L. 117-2) (Coronavirus State and Local Fiscal Recovery Funds)("ARPA-SLFRF") to provide homelessness assistance ("ARPA-SLFRF Funds");

WHEREAS, the Housing Authority and the City desire to enter into that certain Affordable Housing Funding Agreement (the “Funding Agreement”) pursuant to which the City will grant $2 million of ARPA-SLFRF Funds to the Housing Authority for use in affordable housing program activities consistent with ARPA -SLFRF and the implementing regulations at 31 C.F.R. Part 35 and rules at 86 FR 26786, 26819, May 17, 2021; 87 FR 4338, 4446, Jan. 27, 2022 (collectively, "ARPA-SLFRF Rules"); and

WHEREAS, the City has determined that the approval of the Funding Agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the approval of the Funding Agreement will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impa cts. The Authority will conduct future CEQA review at such time as there is a project or proposal for the use of the ARPA-SLFRF Funds.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Recitals above are true and correct and by this reference makes them a part hereof.

BE IT FURTHER RESOLVED, that the City Council hereby approves the execution and final negotiation by the City Manager of the Funding Agreement, incorporating the terms of the Term Sheet identified in attachment A i ncorporated herein by this reference , and all implementing documents and to take all reasonable steps which may be necessary to effectuate the approvals hereof, in such forms as may be agreed to by the City Manager and approved by the City Attorney; and

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BE IT FURTHER RESOLVED, that the City hereby makes the grant of the ARPA-SLFRF Funds in the amount of two million and 00/100 dollars ($2,000,000.00) on the condition that the Housing Authority agrees to use the ARPA -SLFRF Funds only for eligible activities consistent with the requirements of the ARPA-SLFRF Rules.

BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.

HAYWARD, CALIFORNIA, _____________, 2024
ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ___________________________
Miriam Lens, City Clerk
APPROVED AS TO FORM:

By:

Michael S. Lawson, City Attorney

Attachment III
163\02\3750758.2

HOUSING AUTHORITY OF THE CITY OF HAYWARD

RESOLUTION NO. HA- 24

Introduced by Commissioner

RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO: (1)

NEGOTIATE AND EXECUTE AN AFFORDABLE HOUSING

FUNDING AGREEMENT BETWEEN THE HOUSING AUTHORITY

OF THE CITY OF HAYWARD AND THE CITY OF HAYWARD
GRANTING $2 MILLION OF ARPA-SLFRF FUNDS TO THE
HOUSING AUTHORITY OF THE CITY OF HAYWARD ; AND (2)

EXECUTE LOAN DOCUMENT S, ADMINISTER THE LOANS, AND

SUBORDINATE, EXTEND OR MODIFY REPAYMENT TERMS TO

IMPLEMENT AFFORDABLE HOU SING ACTIVITIES UNDER

ARPA-SLFRF RULES

WHEREAS, the Housing Authority of the City of Hayward (the “Housing Authority”) was formed to provide decent, safe and sanitary housing in the City of Hayward; and

WHEREAS, the City of Hayward (the "City") received funding pursuant to Title IX, Subtitle M, Section 9901 of the American Rescue Plan Act of 2021 (P.L. 117 -2) (Coronavirus State and Local Fiscal Recovery Funds)("ARPA -SLFRF") to provide homelessness assistance ("ARPA-SLFRF Funds");

WHEREAS, the Housing Au thority and the City desire to enter into that certain Affordable Housing Funding Agreement (the “Funding Agreement”) pursuant to which the City will grant two million and 00/100 dollars ($2,000,000.00) of ARPA-SLFRF Funds to deposit into a revolving loan fund that the Housing Authority will use to implement affordable housing program activities consistent with ARPA-SLFRF and the implementing regulations at 31 C.F.R.

Part 35 and rules at 86 FR 26786, 26819, May 17, 2021; 87 FR 4338, 4446, Jan. 27, 2022 (collectively, "ARPA-SLFRF Rules"); and

WHEREAS, the City has determined that the approval of the Funding Agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activit ies in question will have a significant impact on the environment and the approval of the Funding Agreement will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts. The Authority will conduct future CEQA review at such time as there is a project or proposal for the use of the ARPA-SLFRF Funds.

NOW THEREFORE, BE IT RESOLVED by the Housing Authority Board of the City of Hayward that the Recitals above are true and correct and by this reference makes them a part hereof.

163\02\3750758.2
BE IT FURTHER RESOLVED, that the Housing Authority hereby approves the execution and final negotiation by the Executive Director of the Funding Agreement, incorporating the terms identified in the Term Sheet attached as Exhibit A, incorporated herein by this reference, and all implementing documents and to take all reasonable steps which may be necessary to effectuate the approvals hereof, in such forms as may be agreed to by the Executive Director and approved by the Housing Authority’s General Counsel.

BE IT FURTHER RESOLVED, that the Housing Authority hereby accepts the grant of the ARPA-SLFRF Funds in the amount of two million and 00/100 dollars ($2,000,000.00) and agrees to use the ARPA-SLFRF Funds only for eligible activities consistent with the requirements of the ARPA-SLFRF Rules.

BE IT FURTHER RESOLVED, that the Housing Authority hereby approves and authorizes the Executive Director to e xecute loan documents , administer the loans, and subordinate, e xtend or modify repayment terms to implement affordable housing program activities under ARPA-SLFRF Rules, consistent with this resolution and its basic purpose, in a form to be approved by the Housing Authority’s General Counsel.

BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.

HAYWARD, CALIFORNIA, JUNE __, 2024
ADOPTED BY THE FOLLOWING VOTE:

AYES: BOARD MEMBERS:

CHAIR:

NOES: BOARD MEMBERS:

ABSTAIN: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:

ATTEST: ___________________________
Miriam Lens, Secretary
Housing Authority of the City of
Hayward
APPROVED AS TO FORM:

By:

Michael S. Lawson, Housing Authority
General Counsel

163\02\3750758.2

EXHIBIT A
Funding Agreement Term Sheet

General
Parties City of Hayward, a California charter city

Housing Authority of the City of Hayward, a public body, corporate and politic

Funding: City received funding pursuant to Title IX, Subtitle M, Section 9901 of the American Rescue Plan Act of 2021 (P.L. 117-2) (Coronavirus State and Local Fiscal Recovery Funds)("ARPA-SLFRF") to provide homelessness assistance ("ARPA-SLFRF Funds").

City to provide Authority with a Grant of $2,000,000 of ARPA-SLFRF Funds.

Project The Project will consist of funding activities to provide eligible affordable housing services to eligible households.

The ARPA-SLFRF Funds may be used by the Authority for any eligible activity consistent with ARPA-SLFRF and the implementing regulations at 31 C.F.R. Part 35 and rules at 86 FR 26786, 26819, May 17, 2021; 87 FR 4338, 4446, Jan. 27, 2022 (collectively, "ARPA- SLFRF Rules").

Conditions  Comply with all ARPA-SLFRF Rules.
 Expend all funds by December 31, 2026.
 No funds may be used for: (1) offsetting a reduction in next tax revenue,(2) deposits into pension funds, (3) repayment of debt service and replenishing reserves; (4) funding settlements and judgements, (5) funding any activity that contravenes or conflicts with the statutory purpose of the ARPA statutes.

 Terms of Funding Agreement and all subrecipient agreements:

(a) During the Term of Funding Agreement, Authority, as well as all of its subrecipients, contractors, consultants and subcontractors, shall comply with all applicable laws and regulations governing the use of the ARPA-SLFRF Funds, as set forth in Title IX, Subtitle M, Section 9901 of the American Rescue Plan Act of 2021 (P.L. 117-2) (Coronavirus State and Local Fiscal Recovery Funds ), and the implementing regulations at 31 C.F.R. Part 35 and rules at 86 FR 26786, 26819, May 17, 2021; 87 FR 4338, 4446, Jan. 27, 2022, including, the Funding Agreement. In the event of any conflict between Funding Agreement and applicable laws and regulations governing the use of the Grant funds, the applicable ARPA-SLFRF

163\02\3750758.2
laws and regulations shall govern.
(b) Authority, as well as all of its subrecipients, contractors, consultants and subcontractors, shall also comply with all local, State, and Federal laws and regulations (including but not limited to the ARPA-SLFRF laws and regulations) governing the use of the Grant funds include (but are not limited to) the following:
(1) Authority shall maintain records consistent with the requirements ser forth in the ARPA-SLFRF Rules.
(2) Authority, and any and all of its subrecipients,
contractors, consultants and subcontractors, must ensure that they do not deny benefits, services or otherwise
discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the
Department's implementing regulations, 31 C.F.R. part
22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-
516, 29 U.S.C. 794; Title IX of the Education
Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq.,
and the Department's implementing regulations, 31 C.F.R. part 28; Age Discrimination Act of 1975, Public Law 94- 135, 42 U.S.C. 6101 et seq., and the Department
implementing regulations at 31 C.F.R. part 23. Authority will be required to submit data showing compliance with the above.
(3) Section 2 C.F.R. 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act (EPA
guidelines at 40 C.F.R. Part 247).
(4) Section 200.322 of 2 C.F.R. 200.322, Domestic
preferences for procurements.
(5) Authority must use the Grant funds for an "Eligible Expense" as defined by regulations and guidelines
promulgated by the United States Department of Treasury or other federal agencies regarding the use of American Rescue Plan Act funding, including the Interim Final Rule issued by the Secretary of the Treasury on May 10, 2021.

To that end, the Authority shall expend all of the Grant funds by November 30, 2026. If the Authority has not

163\02\3750758.2
spent the Grant amount it has received under Funding
Agreement by November 1, 2026, the Authority shall
notify the City of its intent to expend the Grant funds or return them to City, as applicable.
(6) The Authority agrees to indemnify, defend with counsel selected by Authority and approved in writing by City,
and hold City, its elected and appointed officials, officers, employees and agents and those special districts and
agencies which City Council acts as the governing Board harmless from any claims, demands or liability of any
kind or nature, including but not limited to personal injury or property damage, arising from or related to the
Authority's receipt of the Grant amount under Funding
Agreement, including any claims that the Grant amount
awarded by the City under Funding Agreement were not
used consistent with the restrictions on the use of
Coronavirus State and Local Fiscal Recovery Funds (42
U.S.C. § 803) and the regulations and guidance issued by the Department of Treasury regarding the use of such
funds.

Conditions to
Disbursement
 Execute funding agreements.
 Authority to deposit funds into escrow account or segregated bank account.

ATTACHMENT IV

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Funding Agreement Term Sheet

General
Parties City of Hayward, a California charter city

Housing Authority of the City of Hayward, a public body, corporate and politic

City to provide Authority with a Grant of $2,000,000 of ARPA-SLFRF Funds.

Project The Project will consist of funding activities to provide eligible affordable housing services to eligible households.

 Terms of Funding Agreement and all subrecipient agreements:

ATTACHMENT IV

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governing the use of the Grant funds, the applicable ARPA-SLFRF laws and regulations shall govern.
(b) Authority, as well as all of its subrecipients, contractors, consultants and subcontractors, shall also comply with all local, State, and Federal laws and regulations (including but not limited to the ARPA-SLFRF laws and regulations) governing the use of the Grant funds include (but are not limited to) the following:
(1) Authority shall maintain records consistent with the requirements ser forth in the ARPA-SLFRF Rules.
(2) Authority, and any and all of its subrecipients,
contractors, consultants and subcontractors, must ensure that they do not deny benefits, services or otherwise
discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity) in accordance with Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the
Department's implementing regulations, 31 C.F.R. part
22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-
516, 29 U.S.C. 794; Title IX of the Education
Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq.,
and the Department's implementing regulations, 31 C.F.R. part 28; Age Discrimination Act of 1975, Public Law 94- 135, 42 U.S.C. 6101 et seq., and the Department
implementing regulations at 31 C.F.R. part 23. Authority will be required to submit data showing compliance with the above.
(3) Section 2 C.F.R. 200.323 regarding Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act (EPA
guidelines at 40 C.F.R. Part 247).
(4) Section 200.322 of 2 C.F.R. 200.322, Domestic
preferences for procurements.
(5) Authority must use the Grant funds for an "Eligible Expense" as defined by regulations and guidelines
promulgated by the United States Department of Treasury or other federal agencies regarding the use of American Rescue Plan Act funding, including the Interim Final Rule issued by the Secretary of the Treasury on May 10, 2021.

To that end, the Authority shall expend all of the Grant

ATTACHMENT IV

Page 3 of 3 ends

funds by November 30, 2026. If the Authority has not
spent the Grant amount it has received under Funding
Agreement by November 1, 2026, the Authority shall
notify the City of its intent to expend the Grant funds or return them to City, as applicable.
(6) The Authority agrees to indemnify, defend with counsel selected by Authority and approved in writing by City,
and hold City, its elected and appointed officials, officers, employees and agents and those special districts and
agencies which City Council acts as the governing Board harmless from any claims, demands or liability of any
kind or nature, including but not limited to personal injury or property damage, arising from or related to the
Authority's receipt of the Grant amount under Funding
Agreement, including any claims that the Grant amount
awarded by the City under Funding Agreement were not
used consistent with the restrictions on the use of
Coronavirus State and Local Fiscal Recovery Funds (42
U.S.C. § 803) and the regulations and guidance issued by the Department of Treasury regarding the use of such
funds.

Conditions to
Disbursement
 Execute funding agreements.
 Authority to deposit funds into escrow account or segregated bank account.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-295
DATE: June 4, 2024
TO: Mayor and City Council
FROM: Development Services Director and Public Works Director

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and Appropriate $ 31,800 for HASPA Dues for Fiscal Year 2025 (FY 2025)

RECOMMENDATION
That the City Council adopts the Resolution (Attachment II) authorizing the City Manager to execute a new Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and appropriate $31,800 from the General Fund for dues to operate the HASPA for Fiscal Year 2025 (FY 2025).

SUMMARY
The Hayward Area Shoreline Planning Agency (HASPA) is a Joint Powers Authority (JPA) currently comprised of three trustee agencies: the East Bay Regional Park District (EBRPD), the City of Hayward and the Hayward Area Recreation and Park District (HARD). Following the adoption of the Hayward Regional Shoreline Adaptation Master Plan (Shoreline Master Plan), HASPA seeks to expand membership in the Agency, and have its powers and functions reflect the new mission of responding to climate change impacts at the shoreline. As a result, staff collaborated on a new JPA agreement which proposed to add the Oro Loma Sanitary District (OLSD) and the Alameda County Mosquito Abatement District (ACMAD) and changes to the organizational structure to help facilitate implementation of the Shoreline Master Plan. To increase HASPA’s capacity and enable it to hire a professional manager, the HASPA Board of Trustees have recommended increased dues for member agencies. The City’s dues are proposed to be $31,800 in FY 2025.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 5/30/2024Page 1 of 2
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File #:CONS 24-295
CITY OF HAYWARD Printed on 5/30/2024Page 2 of 2
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DATE: June 4, 2024

TO: Mayor and City Council

FROM: Development Services Director and Director of Public Works

SUBJECT: HASPA JPA: Adopt a Resolution Authorizing the City Manager to Execute a Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and Appropriate $ 31,800 in total from the General Fund for HASPA Dues for Fiscal Year 2025 (FY 2025)

RECOMMENDATION

That the City Council adopts the Resolution (Attachment II) authorizing the City Manager to execute a new Joint Exercise of Powers Agreement for the Hayward Area Shoreline Planning Agency (HASPA) and appropriate $31,800 in total from the General Fund for annual dues to operate the HASPA for Fiscal Year 2025 (FY 2025).

SUMMARY

The Hayward Area Shoreline Planning Agency (HASPA) is a Joint Powers Authority (JPA) currently comprised of three trustee agencies: the East Bay Regional Park District (EBRPD), the City of Hayward and the Hayward Area Recreation and Park District (HARD). Following the adoption of the Hayward Regional Shoreline Adaptation Master Plan (Shoreline Master Plan), HASPA seeks to expand membership in the Agency, and have its powers and functions reflect the new mission of responding to climate change impacts at the shoreline. As a result, staff collaborated on a new JPA agreement which proposed to add the Oro Loma Sanitary District (OLSD) and the Alameda County Mosquito Abatement District (ACMAD) and changes to the organizational structure to help facilitate implementation of the Shoreline Master Plan. To increase HASPA’s capacity and enable it to hire a professional manager, the HASPA Board of Trustees have recommended increased dues for member agencies. The City’s dues are proposed to be $31,800 in FY 2025.

BACKGROUND

HASPA is a JPA currently comprised of three trustee agencies: EBRPD, the City of Hayward and HARD. Formed in 1970, HASPA’s original purpose, which has been fulfilled, was to study, plan, and adopt policies concerning the land uses in the Hayward Shoreline area. In 2016, the JPA was renewed and restated HASPA’s mission to address sea level rise. The most recent renewal of the JPA was in 2023 and the agreement is currently set to expire on June 30, 2024.

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Today, with the presence of climate change impacts, such as projected sea-level rise, groundwater intrusion, and storm surge, protecting infrastructure, public health, and the natural and recreational resources of the Hayward Shoreline requires a renewed commitment between public agencies. In 2021, with a grant from Caltrans, HASPA and the City Council adopted the Shoreline Master Plan, which creates a framework for a response to these climate change impacts on a region-wide scale.

The Master Plan contains nature-based, infrastructure and non-structural strategies for different areas of the Hayward Shoreline.

The three trustee agencies of HASPA wish to continue the existence of the JPA, expand participation in the agency, and have its powers and functions reflect the new mission of responding to climate change impacts at the shoreline. The goal of an expanded HASPA is to promote public health and climate adaptation measures, protect critical infrastructure at the shoreline, and maintain public access, as detailed in the Master Plan. EBRPD has started design and permitting for the Hayward Marsh restoration, which is one project identified in the Master Plan. Preliminary design work has also begun on the Oro Loma First Mile levee, currently lead by the East Bay Dischargers Authority (EBDA), a second project identified in the Master Plan. A summary of Master Plan projects currently underway was presented to the Council Sustainability Committee on June 26, 20231.

DISCUSSION

Since 2022, staff from HASPA’s Technical Advisory Committee (TAC) have worked collaboratively to add new agencies to the HASPA Board of Trustees, starting with two prospective agencies, the OLSD, and ACMAD. With guidance from EBRPD’s outside attorneys, a new draft JPA Agreement has been negotiated between the parties, to expand participation in HASPA, and to strengthen it as a governing agency which can address climate change impacts in the decades to come at the Hayward Shoreline.

On April 11, 20242, the current HASPA Board unanimously voted to recommend approval of the new JPA Agreement. During the week of May 6, 2024, the HARD3 and ACMAD4 Board of Directors both approved the new agreement. The EBRPD and OLSD Board of Directors will consider this item on June 4, 2024, and June 11, 2024, respectively.

The goals of the new HASPA JPA Agreement are to meet HASPA's evolving needs for the next 20+ years and to give the agency maximum flexibility to address possible future expansion in operations and management. This JPA Agreement seeks to balance the efficient functioning of the agency with adequate protections for the parties.

The JPA Agreement consists of 20 sections and four attachments, called “Schedules.” Of the new JPA Sections, “Organization” and “Budget,” contain the most substantial updates to the JPA. “Organization” describes how the HASPA Board of trustees will be structured:

The Agency will be governed by the HASPA Board, which is composed of representatives from each Party, who are known as trustees. Each party to this Agreement will appoint one member of its

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6272057&GUID=EE24D41F-E339-4A48-94BB-76677B57383E&Options=&Search= 2 https://www.ebparks.org/hayward-area-shoreline-planning-agency-haspa 3 https://haywardrec.diligent.community/Portal/MeetingInformation.aspx?Id=63 4 https://www.mosquitoes.org/2024-05-08-board-of-trustees-regular-meeting

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governing body to be a trustee and will appoint a second member of its governing body to be an alternate trustee to serve in the absence of that Party’s trustee. Each trustee and alternate will serve at the pleasure of his or her governing body. This structure is unchanged from the current structure of the HASPA JPA. Changes to current structure are described below.

Due to the varying sizes and operating budgets of the current HASPA trustee agencies and the prospective trustees, the parties negotiated a tiered membership structure for the purpose of assessing dues. The three tiers are based on the size of the trustee agency’s operating budget. EBRPD and the City of Hayward are the largest agencies, and so are in “Tier 3.” HARD staff have also decided to participate in HASPA as a Tier 3 member. Each tier contributes a set percentage of the annual HASPA Operating budget, which for FY 2025 is projected to be between $106,000 to $130,000. The HASPA Operating budget is dependent on the number of agencies that join (See below for further discussion). Tier 3 members, including the City of Hayward reflect an annual contribution of up to$31,800. Currently, the City of Hayward appropriates $12,000 for HASPA each fiscal year. Staff is requesting an additional appropriation of $19,800. Tier 1 member ACMAD would pay $10,600 for FY 2025. Larger agencies are responsible for a larger share of the dues as these agencies will experience the greatest impacts from climate change and benefits from successful implementation of the projects within the Shoreline Master Plan. Additionally, this structure allows agencies of different sizes the opportunity to participate in HASPA.

The proposed HASPA Operating Budget will allow the agency to hire a consultant to manage the agency. This role is currently filled by EBRPD and was previously filled by the City of Hayward staff.

The managing consultant will be responsible for administration of the agency, supporting the implementation of the Shoreline Master Plan and community outreach. This will allow the TAC more capacity to pursue grant funding and implement projects within the Shoreline Master Plan. The management of the consultant will rotate among the Tier 3 agencies.

The proposed JPA Agreement also includes the provision of “weighted voting,” where the three membership tiers also are assigned a proportional allocation of votes, for each trustee agency. Most decisions will be made by traditional majority vote, where each of the five trustee agencies has one vote, and a simple majority moves a motion. To ensure fairness, the JPA Agreement also provides that any agency can request weighted voting.

In the case of a motion subject to weighted voting, the City of Hayward’s share of a vote would be either 24 or 30% depending on how many agencies approve the new agreement. To get to a 51% weighted voting majority for a particular motion, the percentages of those trustees voting in favor of a motion would have to add up to 51%. With different dues depending on membership tiers, it is important to also have the provision of weighted voting, so that the agencies with the highest dues get a proportionally higher percentage of the vote, as a means of protecting the expense of public funds.

There is some uncertainty whether OLSD will join HASPA. In the following tables (Table 1 and Table 2) are the two possible scenarios showing dues and weighted voting. In each scenario, the dues percentage and the weighted vote percentage are the same for each agency in that tier.

Attachment I

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Table 1. If all five agencies vote to join or renew participation in HASPA.

ACMAD 10% $13,000
OLSD 18% $23,400
HARD 24% $31,200
City 24% $31,200
EBRPD 24% $31,200
100% $130,000

Table 2. If OLSD does not vote to join HASPA.

ACMAD 10% $10,600
HARD 30% $31,800
City 30% $31,800
EBRPD 30% $31,800
100% $106,000

ECONOMIC IMPACT

The City of Hayward is a desirable place to live and recreate in part because of the Hayward Shoreline. The Shoreline is a regional asset that has a positive impact on the local economy by attracting hikers, bird watchers, runners, cyclists, and other community members. The continuation of HASPA will ensure that the Shoreline remains accessible and climate resilient.

FISCAL IMPACT

The City of Hayward currently contributes $12,000 annually to HASPA in dues. The dues recently have been used to cover assistance from EBRPD’s outside attorney to draft the new JPA agreement and additional studies to help implement the Shoreline Master Plan. As noted in the Discussion section, HASPA is expanding its budget to allow for hiring a managing consultant, outreach, and implementation of the Shoreline Master Plan. For FY 2025, the requested allocation from the City of Hayward’s General Fund will not exceed $31,800 to cover these expenses. The FY 2025 operating budget includes $12,000 for the HASPA dues. As a result, an additional appropriation of $19,800 in FY 2025 is required to fund the full $31,800 in HPASA dues. For the following fiscal years, staff include a budget request as part of the annual budget process.

STRATEGIC ROADMAP

This project supports the Strategic Priority of Confront Climate Crisis and Champion Environmental Justice, however, it is not tied to implementation of any specific projects.

Attachment I

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SUSTAINABILITY FEATURES

HASPA builds resiliency to sea level rise through its coordination and planning efforts. In addition, HASPA supports the following sustainability related General Plan goals:

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

 NR-3.2: The City shall coordinate with HASPA, EBRPD, Bay Conservation and Development Commission, California Coastal Commission, and other Federal, State, and regional agencies to identify methods for acquiring and restoring baylands and marsh habitats, expanding the National Wildlife Refuge, and funding the purchase and restoration of wetland habitats.

 HAZ-4.1: The City shall monitor information from regional, State, and Federal agencies on rising sea levels in the San Francisco Bay to determine if additional adaptation strategies should be implemented to address flooding hazards.

 HAZ 4.2: The City shall continue to coordinate with the Bay Conservation and Development Commission, Alameda County, and others to participate in Bay Adapt:

Regional Strategy for a Rising Bay and similar efforts, to advance regional dialogue on mechanisms for balancing the protection of at-risk communities and enhancing the region’s overall resilience to rising sea levels.

 HAZ-4.3: The City shall coordinate with Oakland, San Leandro, Alameda County, the Hayward Area Shoreline Planning Agency, the Bay Conservation and Development Commission, and other agencies to expand and restore wetland habitat and increase shoreline resilience through the implementation of the Hayward Regional Shoreline Adaptation Master Plan and will align the Shoreline Adaptation Master Plan with BCDC guidelines when they are adopted.

 HQL-9.9: The City shall support plans, standards, regulation, incentives, and investments to reduce the impacts of climate change on those populations most vulnerable to the impacts of climate change.

 HQL-11.1: City shall establish and maintain an integrated recreational corridor system that connects regional trails (e.g., Bay Trail), Baylands (i.e., Hayward Regional Shoreline), local creeks and open space corridors, hillside areas, and EBRPD and HARD parks.

Attachment I

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PUBLIC CONTACT

For the past two years, the HASPA JPA has been discussed at numerous HASPA Board meetings. The HASPA JPA was unanimously approved at the regular HASPA meeting on April 11, 2024. There were no public comments on this item.

NEXT STEPS

If the attached resolution is adopted by Council, staff will ensure the updated JPA is fully executed before June 30, 2024.

Prepared by: Taylor Richard, Associate Planner
Erik Pearson, Environmental Services Manager

Recommended by: Sara Buizer, AICP, Development Services Director Alex Ameri, Public Works Director

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL

RESOLUTION NO.

Introduced by Council Member

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT

POWERS AGREEMENT TITLED THE HAYWARD AREA SHORELINE PLANNING

AGENCY JOINT EXERCISE OF POWERS AGREEMENT AND APPROPRIATE $31,800 FOR HAYWWARD AREA SHORELINE PLANNING AGENCY DUES FOR FISCAL YEAR 2025.

WHEREAS, the Hayward Area Shoreline Planning Agency (HASPA) is a joint power authority (JPA) established in 1970 and currently includes the City of Hayward, the Hayward Area Recreation and Parks District (HARD), and the East Bay Regional Parks District (EBRPD); and

WHEREAS, on February 16, 2021, the City of Hayw ard adopted the Hayward Area Shoreline Adaptation Master Plan and has begun the implementation of the Plan; and

WHEREAS, on July 8, 2021, the Board of Trustees for HASPA authorized staff to begin work on expanding the JPA membership to support the implementation of the Hayward Area Shoreline Adaptation Master Plan; and

WHEREAS, on June 6, 2023, the City of Hayward adopted a resolution to execute a one-year extension of the HASPA JPA Agreement to allow time for prospective member agencies to join HASPA; and

WHEREAS, the current HASPA JPA Agreement is set to expire on June, 30, 2024; and

WHEREAS, staff has drafted a new HASPA JPA agreement to support the implementation of the Hayward Area Shoreline Adaptation Master Plan and allow additional agencies to join; and

WHEREAS, the annual HASPA operating budget for Fiscal Year 2025, is projected to be $106,000 and the City of Hayward’s portion of that budget is $31,800; and

WHEREAS, if the Oro Loma Sanitary District votes to join HASPA, then the operating budget for Fiscal Year 2025, is projected to be $ 130,000 and the City of Hayward’s portion of that budget would be $31,200; and

ATTACHMENT II

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WHEREAS, on April 11, 2024, the Board of Trustees for HASPA unanimously voted to recommend that the Hayward City C ouncil, the HARD Board of Directors , EBRPD Board of Directors, Alameda County Mosquito Abatement District (ACMAD) Board of Directors and Oro Loma Sanitary District (OLSD) Board of Directors adopt a new JPA agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute on behalf of the City of Hayward the Hayward Area Shoreline Planning Agency Joint Exercise of Powers Agreement, in substantial conformity to the form on file in the office of the City Clerk, with such changes or additions as the City Manager shall approve upon consultation with the City Attorney and appropriate $31,800 for HASPA agency dues from the City’s General Fund.

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 24-299
DATE: June 4, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution of Intention to Approve the Preliminary Engineer’sReport and Assessments for Fiscal Year 2025; and Set June 25, 2024, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18

RECOMMENDATION
That Council adopts a resolution (Attachment II) of intention to approve the Preliminary Engineer’s Report (Attachment III) and assessments for Landscaping and Lighting District No. 96-1 for FY 2025 and sets June 25, 2024 as the public hearing date.

SUMMARY
The Landscaping and Lighting Act of 1972 requires an annual review and update of the Engineer’s Report to set annual assessment rates for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and capital replacement requirements.

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

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer’s Report
CITY OF HAYWARD Printed on 5/31/2024Page 1 of 1
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DATE: June 4, 2024

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt a Resolution of Intention to Approve the Preliminary Engineer’s Report and Assessments for Fiscal Year 2025; and Set June 25, 2024, as the Public Hearing Date for Such Actions for Consolidated Landscaping and Lighting District No. 96-1, Zones 1 through 18

RECOMMENDATION

That Council adopts a resolution (Attachment II) of intention to approve the Preliminary Engineer’s Report (Attachment III) and assessments for Landscaping and Lighting District No. 96-1 for FY 2025 and sets June 25, 2024 as the public hearing date.

SUMMARY

The Landscaping and Lighting Act of 1972 requires an annual review and update of the Engineer’s Report to set annual assessment rates for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and capital replacement requirements.

BACKGROUND

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

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TABLE 1: DESCRIPTION OF BENEFIT ZONES

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

Self-Maintained.

DISCUSSION

Recommended changes to a zone’s annual assessment rate are based on annual expenses, required cash flow, and capital replacement requirements. When determining the annual assessment rate, staff looks at two things:

(1) Maximum Base Assessment (MBA) – The MBA is the maximum assessment rate that a parcel can be charged annually. This amount is established during the original formation of the zone.

The annual MBA can only be increased if an inflation factor was included in the original formation document.

(2) Assessment Revenue – The assessment revenue is the annual amount of revenue collected by charging each parcel an assessment rate. The assessment rate recommendation depends on review of the following three items:

a. Annual Expenses – Annual operating and maintenance expenses are estimated based on past years’ experience and future years’ estimates. Expenses include staff administration, noticing, and annual reporting.

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

Table 2 on the following page summarizes assessment information by zone. The table provides assessment details for each zone by describing the number of parcels, if there is an annual inflation adjustment included in the MBA rate, the FY 2025 assessment rate, and the change between last year’s adopted assessment and this year’s recommended assessment.

For FY 2025, staff recommends no change to five zones (Zones: 5, 6, 14, 15 and 18) and thirteen increases (Zones: 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 16, and 17), based on annual expenses, required cash flow, and future capital replacement.

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Proposition 218 Compliance
For FY 2025, all assessments are proposed to be levied in compliance with Proposition 218 and do not require the noticing and balloting of property owners to obtain their approval. Any future increases in the assessment amounts that would exceed the MBA amount would require noticing and balloting of property owners.

FISCAL AND ECONOMIC IMPACT

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

STRATEGIC ROADMAP

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

A B C D E F G H I J
Zone Name/Location # Parcels CPI Adj
FY 2025 Max
Base
Assessment
FY 2025
Rate
FY 2024
Assessment
1 Huntwood Ave. and Panjon St. 30 No 295.83 235.94 224.70 Incr 11.24 5% 2 Harder Rd. and Mocine Ave. 85 No 193.39 135.45 129.00 Incr 6.45 5% 3 Prominence 155 Yes 1,144.88 1,069.29 1,008.76 Incr 60.53 6% 4 Stratford Village 174 No 180.00 126.93 123.23 Incr 3.70 3% 5 Soto Rd. and Plum Tree St. 38 No 258.67 258.67 258.67 None - 0% 6 Pepper Tree Park 11 No 2.61 2.61 2.61 None - 0% 7 Twin Bridges 348 Yes 1,197.48 664.83 627.20 Incr 37.63 6% 8 Capitola St. 24 Yes 856.44 205.68 195.89 Incr 9.79 5% 9 Orchard Ave. 74 Yes 228.66 38.41 36.24 Incr 2.17 6% 10 Eden Shores 534 Yes 1,363.60 344.49 316.05 Incr 28.44 9% 11a Stonebrae (Developed) 617 Yes 1,934.08 408.18 374.48 Incr 33.70 9% 11b Stonebrae (Undeveloped) 27 Yes 580.22 216.34 198.47 Incr 17.87 9% 12a Eden Shores - East 261 Yes 256.28 104.16 98.26 Incr 5.90 6% 12b Eden Shores East (Spindrift) 118 Yes 246.98 104.16 98.26 Incr 5.90 6% 13 Cannery Place 599 Yes 1,424.34 417.78 394.13 Incr 23.65 6% 14 La Vista 179 Yes 747.04 683.65 683.65 None - 0% 15 Cadence 206 Yes 724.44 N/A N/A N/A N/A N/A 16a Blackstone (Zone A) 133 Yes 516.66 516.66 501.60 Incr 15.06 3% 16b Blackstone (Zone B) 24 Yes 542.48 542.48 526.68 Incr 15.80 3% 17 Parkside Heights 97 Yes 608.86 582.88 555.12 Incr 27.76 5% 18a SoHay Zone A (Developed) 192 Yes 464.38 300.00 300.00 None - 0% 18b SoHay Zone A (Undeveloped) 69 Yes 139.31 90.00 90.00 None - 0% 18c SoHay Zone B (Developed) 79 Yes 441.16 285.00 285.00 None - 0% 18d SoHay Zone B (Undeveloped) 93 Yes 132.35 85.50 85.50 None - 0% TABLE 2: ASSESSMENT AMOUNTS BY BENEFIT ZONE
Change from last year

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PUBLIC CONTACT

City staff: 1) mailed a postcard to all affected property owners to provide details of their recommended FY 2025 assessment rate and to alert them to two Council meetings where they could provide input (June 4 and June 25); 2) held a virtual meeting on May 29 via Zoom; and 3) will publish a printed legal notice in the East Bay Times on or before June 14, 2024.

NEXT STEPS

Following this Council meeting, the City is proposing to hold a public hearing on June 25, 2024, to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the County Auditor’s office to be included on the FY 2025 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

If Council adopts the attached resolution of intention, a noticed public hearing on June 25, 2024, to consider approving the Engineer’s Report and ordering the levy of assessments for FY 2025 will be scheduled.

Prepared by: Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member

RESOLUTION OF INTENTION TO PRELIMINARILY APPROVE THE

ENGINEER'S REPORT, DECLARING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2025 FOR CONSOLIDATED LANDSCAPING AND
LIGHTING DISTRICT NO. 96 -1, ZONES 1 -18, AND SETTING JUNE 25, 2024,

AS THE PUBLIC HEARING DATE

WHEREAS, On May 7, 1996, the Consolidated Landscaping and Lighting District No. 96-1, Zones 1 -6 (the “District”) was established by the adoption of Resolution No. 96 -93 and, subsequently, Zones 7-18 were respectively annexed to the District, and

WHEREAS, the District consists of properties as shown on the Assessment Roll which will be available on file in the Office of the Hayward City Clerk on June 25, 2024; and

WHEREAS, it is the intention of the City Council to order the levy and collection of assessments for the maintenance of the storm drainage pumping station and storm drain conduit pursuant to Part 3, Chapter 26 of Division 7 of the California Streets and Highways Code (commencing with Section 5820 thereof).

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

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

2. The Engineer of Work has prepared a Preliminary Engineer’s Report in accordance with the provisions of Article XIIID, Section 4, of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, Section 22500 et seq. of the California Streets and Highways Code. Said report has been made, filed, and duly considered by this City Council and is hereby deemed sufficient and intended to be preliminarily approved. Said report shall stand as the report for all subsequent proceedings relating to the proposed levy of District assessments for Fiscal Year 2025.

3. It is the intention of the City Council to order the levy and collection of assessments within the District for Fiscal Year 2025.

ATTACHMENT II

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

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

6. The proposed assessments for Zones 5, 6, 14, 15 and 18 are unchanged from the previous year’s assessments.

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

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

9. On June 25, 2024, at the hour of 7:00 p.m., in the regular meeting place of this City Council, City Council Chambers, 777 B Street, Hayward, California, a public hearing will be held on the levy of the proposed assessments. Prior to the conclusion of said public hearing, any interested person may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest by a proper ty owner shall contain a description sufficient to identify the property owned by such owner.

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

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA_____________2024,
ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED AS TO FORM:

ATTEST:

City Clerk of the City of Hayward

City Attorney of the City of Hayward
Page i
Fiscal Year 2025 ENGINEER’S REPORT
City of Hayward
Landscaping and Lighting Assessment District 96-1
May 2025
Preliminary Report

ATTACHMENT III
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
Page i

City of Hayward
City Council
Mark Salinas, Mayor
Francisco Zermeño, Mayor Pro Tempore
Angela Andrews, Council Member
Ray Bonilla Jr., Council Member
Dan Goldstein, Council Member
Julia Roche, Council Member
George Syrop, Council Member
Clerk of the Council
Miriam Lens
City Manager
Kelly McAdoo
Maintenance Service Directo r
Todd Rullman
City Attorney
Michael Lawson
Engineer of Work
SCI Consulting Group

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
Page ii

Table of Contents
Introduction ............................................................................................................... 1 Overview.................................................................................................................................... 1 Background ................................................................................................................................ 1 Method of Apportionment ........................................................................................................ 4 Zone Classification ..................................................................................................................... 5 Assessment Roll ......................................................................................................................... 6 Estimate of Costs ....................................................................................................................... 6 Legislative Analysis .................................................................................................................... 7 Inflation Factor Allowance Overview ........................................................................................ 7 Noticing, Public Comment, and Public Hearing ......................................................................... 8 Plans and Specifications ............................................................................................. 9 Introduction ............................................................................................................................... 9 Description of District ................................................................................................................ 9 Description of Improvements ................................................................................................... 9 Zone 1 (Huntwood Ave.& Panjon St.)...................................................................................... 11 Zone 2 (Harder Rd. & Mocine Ave.) ........................................................................................ 14 Zone 3 (Prominence) ............................................................................................................... 17 Zone 4 (Stratford Village) ........................................................................................................ 21 Zone 5 (Soto Rd. & Plum Tree St.) ........................................................................................... 25 Zone 6 (Peppertree Park) ........................................................................................................ 28 Zone 7 (Twin Bridges) .............................................................................................................. 31 Zone 8 (Capitola Street)........................................................................................................... 34 Zone 9 (Orchard Ave.) ............................................................................................................. 37 Zone 10 (Eden Shores Residential) .......................................................................................... 40 Zone 11 (Stonebrae Country Club) .......................................................................................... 43 Zone 12 (Spindrift - Eden Shore East) ...................................................................................... 47 Zone 13 (Cannery Place) .......................................................................................................... 51 Zone 14 (La Vista) .................................................................................................................... 54 Zone 15 (Cadence) ................................................................................................................... 57 Zone 16 (Blackstone) ............................................................................................................... 59 Zone 17 (Parkside Heights) ...................................................................................................... 62 Zone 18 (SoHay) ...................................................................................................................... 65 Assessment .............................................................................................................. 69 Vicinity Map ............................................................................................................. 71 Assessment Diagram ................................................................................................ 72 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
Page iii

List of Tables
Table 1- Description Of Benefit Zones ............................................................................................. 2 Table 2- Assessment Amounts By Benefit Zone .............................................................................. 3 Table 3: Estimated Cash Balance Changes Per Benefit Zone ........................................................... 4

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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

Through a professional service agreement with SCI Consulting Group (the “Consultant”), the City of Hayward (the “City”) has requested the Consultant prepare and file the Report for the referenced fiscal year. This is the detailed Report for Fiscal Year (“FY”) 2025 regarding the District and the proposed assessments to be levied on the properties therein to provide ongoing funding for the costs and expenses required to service and maintain landscape and lighting improvements associated with and resulting from development of properties within the District, in accordance with the proportional special benefits the properties receive from the improvements.

Following the preparation of the annual Report, a public hearing is held before the Council to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed p ublic hearing, and review of the Report, the Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council shall order the levy and collection of asse ssments for FY 202 5. In such case, the levy information will be submitted to the Alameda County Auditor/Controller and included as assessments on the property tax roll for the various services provided in FY 2025.

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

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Engineer’s Report, FY 2025

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

Table 1 - Description Of Benefit Zones

TABLE 1: DESCRIPTION OF BENEFIT ZONES
Total Assessed Parcels:

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LLAD No. 96-1
Engineer’s Report, FY 2025

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The following table summarizes the FY 2025 assessment rates per benefit zone.

Table 2 - Assessment Amounts By Benefit Zone

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

Table 3 - Estimated Cash Balance Changes Per Benefit Zone

Method of Apportionment
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping and street lighting improvements.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements."
Zone Name/Location
Est FY 2024
Ending Cash
Balance
FY 2025
Revenue
FY 2025
Expenditures Change
Est FY 2025
Ending Cash
Balance
1 Huntwood Ave. and Panjon St. 17,563 7,209 11,619 (4,410) 13,153 2 Harder Rd. and Mocine Ave. 27,247 11,632 16,818 (5,186) 22,061 3 Prominence 292,058 172,378 275,388 (103,010) 189,048 4 Stratford Village 76,384 24,117 35,542 (11,425) 64,959 5 Soto Rd. and Plum Tree St. 23,739 10,294 11,481 (1,187) 22,552 6 Pepper Tree Park 103,973 13,188 11,822 1,366 105,339 7 Twin Bridges 562,388 230,428 633,164 (402,736) 159,652 8 Capitola St. 49,869 5,252 10,188 (4,936) 44,933 9 Orchard Ave. 9,139 2,834 4,111 (1,277) 7,862 10 Eden Shores 556,854 183,630 684,315 (500,685) 56,170 11 Stonebrae 396,171 259,259 281,120 (21,861) 374,309 12 Eden Shores East (Spindrift) 38,004 38,956 27,374 11,582 49,586 13 Cannery Place 664,247 248,496 303,317 (54,821) 609,426 14 La Vista 268,988 122,373 140,605 (18,231) 250,756 15 Cadence - - - - - 16 Blackstone 168,296 80,471 87,776 (7,305) 160,990 17 Parkside Heights 134,815 58,578 52,744 5,835 140,649 18 SoHay 274,478 125,156 133,747 (8,591) 265,887 3,664,212 1,594,251 2,721,132 (1,126,881) 2,537,331 Self-Maintained.

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

City of Hayward
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Engineer’s Report, FY 2025

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

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

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

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

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

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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

This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the proposed assessment amount for FY 202 5 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hayward.

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

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

The estimated FY 2025 revenues and expenditures for the proposed District are itemized by zone below. For a detailed breakdown of the operation, maintenance, and servicing costs for each benefit zone, please refer to the budget page following each zone’s description.

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Engineer’s Report, FY 2025

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

All the assessments proposed within the FY 2025 Engineer’s Report are equal to or less than the Maximum Base Assessment Rate authorized; therefore, Article XIIID, Section 4 vote requirements do not apply to these proceedings.

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

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

Benefit zones 3, 7-13, 17-18 apply the February CPI-U for the San Francisco-Oakland-Hayward, CA MSA
2 inflation factor. The CPI -U increase from February 202 3 to February 202 4 was 2.36%; therefore, a 2.36% increase was applied to the FY 2025 Maximum Base Assessment Rate for zones 3, 7-13, 17-18.

1 http://www.lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html 2 https://data.bls.gov/cgi-bin/surveymost (Feb 2022 to Feb 2023) City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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Benefit zones 12 annexation, 14 -16 apply the December CPI -U for the San Francisco -Oakland- Hayward, CA MSA3 inflation factor, capped at 3.00% per fiscal year. Any change in the CPI in excess of 3.00% shall be cumulatively reserved as the “Unused CPI” and shall be used to increase the maximum authorized assessment rate in years in which the CPI is less than 3%. The CPI-U increase from December 2022 to December 2023 was 2.62% and the unused CPI from previous years is

3.53%; therefore, the Maximum Base Assessment Rate for zones 12 annexation, 14-16 have been increased by 3.00%.

Noticing, Public Comment, and Public Hearing
Noticing and information regarding this report were provided via the following methods: 1) mailed a notice to all affected property owners to provide detail of their recommended FY 202 5 assessment rate and to alert them to three public meetings where they could provide input (May 29, June 4, June 25), and published a legal notice in the East Bay Times on or before June 14, 2024.

On June 25, 2024, the City is proposing to hold a public hearing to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amounts as originally proposed or as modified. Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the Alameda County Auditor’s Office to be included on the FY 2025 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes.

All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

3 https://data.bls.gov/timeseries/CUURS49BSA0
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Plans and Specifications
Introduction
As required by the Landscaping and Lighting Act of 1972, the annual Engineer's Report includes:
(1) a listing of the proposed assessment amount for each assessable lot or parcel; (2) a description of the improvements to be operated, maintained, and serviced; and (3) an estimated budget.

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

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

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

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

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

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

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

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

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Zone 1 (Huntwood Ave.& Panjon St.)
Tract No. 06041
Formed: November 13, 1990
Resolution Number: 90-256
FY 2025
Maximum Base Assessment Rate: $295.83
Assessment Amount per Parcel: $235.94
Number of Parcels: 30
Assessment Income: $7,078.20

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1990.

• Is at the maximum, unchanged from the previous year at $295.83 per parcel.

• Includes an annual inflation increase: No.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 2025 Assessment and Income

FY 2025 Services
Services provided to this assessment zone include:

• Landscaping and irrigation: Including an 8-foot-wide landscaped strip along Huntwood Ave. within a landscape easement; and

• Surface maintenance of the street side: Including a 600 -foot masonry wall along Huntwood Ave. The maintenance includes painting, cleaning, graffiti removal, and minor surface repair.

• One-time maintenance: A budget of $3,500 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $224.70 to $235.94.

• The total annual assessment income will equal $7078.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
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Engineer’s Report, FY 2025

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

Fund 266, Project 3740
Established 1990, 30 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 295.83 295.83 295.83 295.83 b. Annual Per Parcel Assessment 212.71 214.00 224.70 235.94 c. # of Parcels 30 30 30 30 d. Total Amount Assessed for the District: 6,381 6,420 6,741 7,078 Income
a. Annual Assessment Revenue 6,264 6,433 6,741 7,078 b. Minus County Tax Collection Fee (1.7%) (108) (109) (115) (120) c. Other (547) 251 251 251 d. Total Revenue: 5,608 6,574 6,878 7,209 Services
a. Utilities: Water 406 419 770 847 b. Utilities: PGE 291 266 325 390 c. Landscape Maintenance 1,620 2,111 4,000 4,120 d. One-Time Project/Maintenance - 4,309 4,500 3,500 e. Property Owner Noticing 25 2 2 3 f. Annual Reporting 1,012 480 494 509 g. City Administration 2,060 2,122 2,185 2,251 h. Total Expenditures: 5,414 9,708 12,277 11,619 Account Balance
a. Beginning Account Balance 25,902 26,096 22,963 17,563 b. Net Change (Revenue - Expenditures) 194 (3,134) (5,399) (4,410) c. Ending Account Balance: 26,096 22,963 17,563 13,153 City of Hayward
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Zone 2 (Harder Rd. & Mocine Ave.)
Tract No. 6042
Formed: July 25, 1991
Resolution Number: 91-137
FY 2025
Maximum Base Assessment Rate: $193.39
Assessment Amount per Parcel: $135.45
Number of Parcels: 85
Assessment Income: $11,513.25

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1991.

• Is at the maximum, unchanged from the previous year at $193.39 per parcel.

• Includes an annual inflation increase: No.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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FY 2025 Assessment and Income

FY 2025 Services

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $129.00 to $135.45.

• The total annual assessment income will equal $11,514.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

Services provided to this assessment zone include:

• Landscaping and irrigation: Including the area between the sidewalk and wall along Harder Road and Mocine Ave. within a landscape easement. • Surface maintenance of the street side : Including maintenance of a 1,000 -foot-long masonry wall along Harder Road, Mocine Ave., and a segment of Sunburst Drive. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and
• Surface maintenance of wall: Includes maintenance of an 800-foot-long masonry wall adjacent to the railroad tracks located on the southwest side of Tract No. 6042. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair. • One-time maintenance: A budget of $3,000 is allocated for additional maintenance, as required.

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

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

Fund 267, Project 3741
Established 1991, 85 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 193.39 193.39 193.39 193.39 b. Annual Per Parcel Assessment 122.86 122.86 129.00 135.45 c. # of Parcels 85 85 85 85 d. Total Amount Assessed for the District: 10,443 10,443 10,965 11,513 Income
a. Annual Assessment Revenue 10,481 10,528 10,965 11,513 b. Minus County Tax Collection Fee (1.7%) (178) (178) (186) (196) c. Other (624) 297 306 315 d. Total Revenue: 9,680 10,647 11,084 11,632 Services
a. Utilities: Water 1,727 1,264 2,420 2,662 b. Utilities: PGE 140 121 124 149 c. Landscape Maintenance 1,620 3,000 8,000 8,240 d. One-Time Project/Maintenance - - 4,500 3,000 e. Property Owner Noticing 70 7 7 7 f. Annual Reporting 1,012 480 494 509 g. City Administration 2,060 2,122 2,185 2,251 h. Total Expenditures: 6,630 6,993 17,731 16,818 Account Balance
a. Beginning Account Balance 27,189 30,239 33,893 27,247 b. Net Change (Revenue - Expenditures) 3,050 3,654 (6,646) (5,186) c. Ending Account Balance: 30,239 33,893 27,247 22,061 City of Hayward
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Zone 3 (Prominence)
Tract No. 4007
Formed: June 23, 1992
Resolution Number: 92-174

FY 2025
Maximum Base Assessment Rate: $1,144.88
Assessment Amount per Parcel: $1,069.29
Number of Parcels: 155
Assessment Income: $165,739.95

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1992.

• Increased from the previous year from $1,118.42 to $1,144.88 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes the February CPI -U for the San Francisco-Oakland-Hayward MSA ( 2.36% for the period February 202 3 to February 2024).

City of Hayward
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Engineer’s Report, FY 2025

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FY 2025 Assessment and Income
FY 2025 Services
Services provided to this assessment zone include:
• Landscaping and irrigation: Include approximately one mile of landscaped frontage along Hayward Blvd. and Fairview Ave., with significant slope areas along the street;

• Surface maintenance of the sound wall (street side): of a mile-long masonry wall along Hayward Blvd. and Fairview Ave. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• Maintenance of several open space areas: many are maintained within the tract; however, there are no funds budgeted for maintenance of the non -irrigated, non - landscaped open space areas.

• One-time projects: A budget of $104,000 is included for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $ 1,008.76 to $1,069.29.

• The total annual assessment income will equal $165,739.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2025

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Notes:
• In FY 2004, a group of property owners within Zone 3 formed a Landscape Committee. • In FY 2006, a Proposition 218 Election was held to increase the base assessment amount from $328.82 to $1,023.56 per parcel for the first three years to fund the cost of a comprehensive landscape plan (capital plan). The $694.74 increase was made up of two parts. One, an increase of $365.70 per year for maintenance; and two, an increase of $329.04 per year for capital. The three -year capital plan included 1) Bus Stop and Open Area Across Street on Fox Hollow Drive; 2) Open Area South of 28525 Fox Hollow Drive; 3) Hayward Blvd., Fairview Drive, and Barn Rock Drive.
• In FY 2009, the rate returned to $694.52 per year, which may be increased each year by inflation
City of Hayward
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City of Hayward
Landscape and Lighting District Zone 3 - Prominence
Fund 268, Project 3742
Established 1992, 155 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 1,062.12 1,062.12 1,118.42 1,144.88 b. Annual Per Parcel Assessment 923.95 951.66 1,008.76 1,069.29 c. # of Parcels 155 155 155 155 d. Total Amount Assessed for the District: 143,212 147,507 156,358 165,740 Income
a. Annual Assessment Revenue 142,694 143,732 156,358 165,740 b. Minus County Tax Collection Fee (1.7%) (2,435) (2,508) (2,658) (2,818) c. Other (7,573) 8,913 9,180 9,456 d. Total Revenue: 132,686 150,138 162,880 172,378 Services
a. Utilities: Water 16,200 28,805 35,200 36,256 b. Utilities: PGE 2,032 1,909 2,200 2,266 c. Landscape Maintenance 57,800 76,209 99,554 102,541 d. One-Time Project/Maintenance 11,734 20,636 100,000 104,000 e. Planting 5,788 5,000
f. Tree Maintenance/Replacement 10,000 5,000 g. Bus Stop Area - - 5,000 h. Irrigation/V-Ditch Filter - 10,000 10,000 i. Property Owner Noticing 125 12 13 13 j. Annual Reporting 1,163 552 568 585 k. City Administration 4,326 4,456 4,589 4,727 l. Total Expenditures: 109,167 132,579 252,124 275,388 Account Balance
a. Beginning Account Balance 340,225 363,744 381,302 292,058 b. Net Change (Revenue - Expenditures) 23,520 17,558 (89,244) (103,010) c. Ending Account Balance: 363,744 381,302 292,058 189,048 City of Hayward
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Zone 4 (Stratford Village )
Tract Nos. 6472, 6560, 6682 & 6683
Formed: May 23, 1995
Resolution Number: 95-96
Annexed Tract No. 6682: January 23, 1996

FY 2025
Maximum Base Assessment Rate: $180.00
Assessment Amount per Parcel: $126.93
Number of Parcels: 174
Assessment Income: $22,085.82

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1995.

• Is at the maximum, unchanged from the previous year at $180.00 per parcel.

• Includes an annual inflation increase: No

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2025

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FY 2025 Assessment and Income
FY 2025 Services

Services provided to this assessment zone include:

• Landscaping and irrigation: Include approximately 21,000 square feet adjacent to the Ward Creek Bike Pathway, including an irrigation system with electrical controllers;

• Median landscaping: Includes approximately 2,100 square feet along Stratford Rd. and Ruus Lane;

• Landscaping: Includes approximately 7,500 square feet along Pacheco Way;

• Landscaping, irrigation, and appurtenances: on the median island on Ruus Lane;

• Surface maintenance of the street side of a masonry wall along Pacheco Way and along the southern and eastern property boundaries. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Asphalt bike pathway : Includes approximately 2,100 linear feet adjacent to Ward Creek between Pacheco Way and Folsom Ave., and bike path striping on pathway;

• Chain link fencing : Includes approximately 50 linear feet of 4 -foot-high black vinyl clad fencing at two locations between Ward Creek and the asphalt pathway; Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $123.13 to $126.93.

• The total annual assessment income will equal $22,805.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment rate.

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• Gate: Includes a 14-foot-wide entry gate structure, an 8-foot-wide swing gate, and a 12-foot-wide swing gate;

• Bridge: Includes 32 linear feet of 8 -foot-wide prefabricated steel bridge with wood deck; and

• Pedestrian access: Between Rosecliff Lane and Ward Creek Pathway.

• One-time maintenance: A budget of $6,000 is allocated for additional maintenance, as required.

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

City of Hayward
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City of Hayward
Landscape and Lighting District Zone 4 - Stratford Village Fund 269, Project 3743
Established 1995, 174 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 180.00 180.00 180.00 180.00 b. Annual Per Parcel Assessment 116.16 116.16 123.23 126.93 c. # of Parcels 174 174 174 174 d. Total Amount Assessed for the District: 20,212 20,212 21,442 22,086 Income
a. Annual Assessment Revenue 20,434 20,177 21,442 22,086 b. Minus County Tax Collection Fee (1.7%) (344) (344) (365) (375) d. Other (2,139) 2,269 2,337 2,407 e. Total Revenue: 17,952 22,102 23,414 24,117 Services
a. Utilities: Water 33,475 (7,073) 11,000 12,100 b. Utilities: PGE 1,346 1,251 1,500 1,800 c. Landscape Maintenance 6,415 7,221 12,500 12,875 d. One-Time Project/Maintenance 5,660 191 17,000 6,000 e. Property Owner Noticing 24 7 7 7 f. Annual Reporting 460 480 494 509 g. City Administration 2,060 2,122 2,185 2,251 h. Total Expenditures: 49,441 4,199 44,687 35,542 Account Balance
a. Beginning Account Balance 111,242 79,753 97,656 76,384 b. Net Change (Revenue - Expenditures) (31,489) 17,903 (21,272) (11,425) c. Ending Account Balance: 79,753 97,656 76,384 64,959 City of Hayward
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Zone 5 (Soto Rd. & Plum Tree St.)
Tract Nos. 6641 & 6754
Formed: May 23, 1995
Resolution Number: 95-97
Annexed Tract No. 6754: October 17, 1995

FY 2025
Maximum Base Assessment Rate: $258.67
Assessment Amount per Parcel: $258.67
Number of Parcels: 38
Assessment Income: $9,829.46

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1995.

• Is at the maximum, unchanged from the previous year at $258.67 per parcel.

• Includes an annual inflation increase : No

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2025

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FY 2025 Assessment and Income
FY 2025 Services
Services provided to this assessment zone include:
• Landscaping: within the 10-foot-wide setback area between the masonry wall and the sidewalk (approximately 360 lineal feet);

• Landscaping and appurtenances: within the 5.5 -foot-wide planter strip between the sidewalk and the curb return areas across the frontage of Tract 6641; located within the 10 -foot-wide setback area between the masonry wall and the sidewalk (approximately 440 lineal feet); and within the 5.5-foot-wide planter strip between the sidewalk and the curb across the Soto Road frontage of Final Map Tract 6754.

• Surface maintenance of the masonry wall (street side): of a masonry wall along Soto Road. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• The curb return areas: at the intersection of Soto Road and Plum Tree Street.

• One-time maintenance: A budget o f $2,500 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same as the previous year at $258.67.

• The total annual assessment income will equal $9,829.46.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is at the Maximum Base Assessment.

City of Hayward
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Engineer’s Report, FY 2025

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City of Hayward
Landscape and Lighting District Zone 5 - Plum Tree St. - Soto Road Fund 272, Project 3744
Established 1995, 38 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 258.67 258.67 258.67 258.67 b. Annual Per Parcel Assessment: 255.17 255.17 258.67 258.67 c. # of Parcels 38 38 38 38 d. Total Amount Assessed for the District: 9,696 9,696 9,829 9,829 Income
a. Annual Assessment Revenue 9,712 9,610 9,829 9,829 b. Minus County Tax Collection Fee (1.7%) (165) (165) (167) (167) c. Other (529) 631 631 631 d. Total Revenue: 9,018 10,076 10,294 10,294 Services
a. Utilities: Water 189 191 880 968 b. Utilities: PGE 291 266 300 360 c. Landscape Maintenance 1,620 2,370 5,000 5,150 d. One-Time Project/Maintenance - 3,077 5,000 2,500 e. Property Owner Noticing 31 3 3 127 f. Annual Reporting 511 240 247 637 g. City Administration 2,060 2,122 2,185 1,739 h. Total Expenditures: 4,703 8,268 13,616 11,481 Account Balance
a. Beginning Account Balance: 20,938 25,253 27,061 23,739 b. Net Change (Revenue - Expenditures) 4,315 1,808 (3,322) (1,187) c. Ending Account Balance: 25,253 27,061 23,739 22,552 City of Hayward
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Zone 6 (Peppertree Park)
Tract Nos. 4420 & 3337 (Lot 2)
Formed: May 11, 1982
Resolution Number: 82-160

FY 2025
Maximum Base Assessment Rate: $2.61 per linear foot
Assessment Amount per Parcel: $2.61 per linear foot
Number of Parcels: 11
Assessment Income: $13,034.34

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1982.

• Is at the maximum, unchanged from the previous year at $2.61 per linear foot.

• Includes an annual inflation increase : No

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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Engineer’s Report, FY 2025

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FY 2025 Assessment and Income
FY 2025 Services
Services provided to this assessment zone include:

• Landscaping and decorative paving: within the median islands in San Clemente Street between Zephyr Avenue and San Antonio Street;

• Landscaping: in the fountain area; and

• Various: the identification sign, lighting, and landscaping in the main entrance median at San Clemente Street and San Antonio Street.

• One-time maintenance: A budget of $4,500 is allocated for additional maintenance, as required.

Assessment Rate (annual charge per parcel) and Income

• The per linear foot charge will remain the same from the previous year at $2.61.

• The total annual assessment income will equal $13,034.34.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is at the Maximum Base Assessment.

City of Hayward
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Engineer’s Report, FY 2025

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City of Hayward
Landscape and Lighting District Zone 6 - Peppertree Business Park Fund 273, Project 3730
Established 1982, 11 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 2.61 2.61 2.61 2.61 b. Annual Per Parcel Assessment: 2.61 2.61 2.61 2.61 c. # of Parcels 11 11 11 11 d. Length of Assessable Street Frontage 4,994 4,994 4,994 4,994 e. Total Amount Assessed for the District 13,034 13,034 13,034 13,034 Income
a. Annual Assessment Revenue 13,038 13,077 13,034 13,034 b. Minus County Tax Collection Fee (1.7%) (222) (222) (222) (222) c. Other (1,937) 2,393 375 375 d. Total Revenue: 10,880 15,249 13,188 13,188 Services
a. Utilities: Water 1,419 2,326 2,750 3,025 b. Utilities: PGE 129 110 200 240 c. Landscape Maintenance 1,050 1,222 1,258 1,296 d. One-Time Project/Maintenance - 4,500 4,500 e. Property Owner Noticing 7 1 1 1 f. Annual Reporting 1,012 480 494 509 g. City Administration 2,060 2,122 2,185 2,251 h. Total Expenditures: 5,678 6,260 11,389 11,822 Account Balance
a. Beginning Account Balance: 87,983 93,185 102,173 103,973 b. Net Change (Revenue - Expenditures) 5,202 8,989 1,799 1,366 c. Ending Account Balance: 93,185 102,173 103,973 105,339 City of Hayward
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Zone 7 (Twin Bridges)
Tract Nos. 7015
Formed: July 28, 1998
Resolution Number: 98-153

FY 2025
Maximum Base Assessment Rate: $1,197.48
Assessment Amount per Parcel: $664.83
Number of Parcels: 348
Assessment Income: $231,360.84

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1998.

• Increased from the previous year from $1,169.82 to $1,197.48 per parcel by CPI.

• Includes an annual inflation increase: Yes , includes CPI-U for the San Francisco - Oakland-Hayward MSA 2.36% for the period February 2023 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
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FY 2025 Assessment and Income
FY 2025 Services

Services for this assessment zone include:
• Park: Includes a two-acre neighborhood park , maintained by the Hayward Area Recreation District through a Memorandum of Understanding with the City;

• Landscaping: Includes: planting, irrigation, the multi-use pathway, landscape lighting and other associated improvements located within the landscape easements and street right-of-way along Mission Boulevard and Industrial Parkway;

• Medians: Includes m edians and abutting landscaping along the Arrowhead Way entrance roads and traffic circles, including the bridge structure, signs, and decorative entry paving;

• Bus shelters;

• Walls and fences that face Mission Blvd., Industrial Parkway, the Arrowhead Way entrance roads, the golf course and along the Line N drainage channel (including graffiti removal);

• Specialty street lighting; and

• One-time maintenance: A budget of $407,000 is allocated for additional maintenance, as required.

Assessment Rate (annual charge per parcel) and Income
• The per parcel charge will increase from the previous year from $627.20 to $664.83.

• The total annual assessment income will equal $231,362.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
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Engineer’s Report, FY 2025

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City of Hayward
Landscape and Lighting District Zone 7 - Twin Bridges
Fund 274, Project 3746
Established 1998, 348 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,110.94 1,110.94 1,169.82 1,197.48 b. Annual Per Parcel Assessment: 591.70 591.70 627.20 664.83 c. # of Parcels 348 348 348 348 d. Total Amount Assessed for the District 205,912 205,912 218,266 231,361 Income
a. Annual Assessment Revenue 203,062 202,875 218,266 231,361 b. Minus County Tax Collection Fee (1.7%) (3,500) (3,500) (3,711) (3,933) c. Other (13,416) 16,744 2,500 3,000 d. Total Revenue: 186,146 216,118 217,056 230,428 Services
a. Utilities: Water 55,028 35,028 77,000 84,700 b. Utilities: PGE 1,287 1,063 2,000 2,400 c. Landscape Maintenance 34,864 36,000 37,080 38,192 d. Park Maintenance - HARD 47,528 35,646 51,000 52,530 e. Park Maintenance Utilities - HARD - - 33,000 f. One-Time Project/Maintenance - 4,935 177,000 407,000 g. Tree Maintenance/Replacement 4,929 40,000 10,000 h. Flags - - 800 - i. Property Owner Noticing 280 28 28 29 j. Annual Reporting 1,163 552 568 585 k. City Administration 4,326 4,456 4,589 4,727 l. Total Expenditures: 149,405 117,707 390,066 633,164 Account Balance
a. Beginning Account Balance: 600,246 636,987 735,398 562,388 b. Net Change (Revenue - Expenditures) 36,741 98,410 (173,010) (402,736) c. Ending Account Balance: 636,987 735,398 562,388 159,652 City of Hayward
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Zone 8 (Capitola Street)
Tract Nos. 7033
Formed: March 2, 1999
Resolution Number: 99-030

FY 2025
Maximum Base Assessment Rate: $856.44
Assessment Amount per Parcel: $205.68
Number of Parcels: 24
Assessment Income: $4,936.32

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 1999.

• Increased from the previous year from $836.64 to $856.44 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA 2.36% for the period February 2023 to February 2024).

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FY 2025 Assessment and Income
FY 2025 Services

Services for this assessment zone include:

• Landscaping: a 10 -foot-wide landscaped area, between the wall and the Hesperian Blvd. frontage, to be improved with landscaping, irrigation, and other associated improvements located within the landscaped area.

• Surface maintenance: of the 8 -foot-high decorative concrete wall along the tract's Hesperian Blvd. frontage. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• One-time maintenance: A budget of $2,500 is allocated for additional maintenance as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $195.89 to $205.68.

• The total annual assessment income will equal $4,936.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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City of Hayward
Landscape and Lighting District Zone 8 - Capitola St.

Fund 275, Project 3748
Established 1999, 24 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 794.54 794.54 836.66 856.44 b. Annual Per Parcel Assessment: 186.56 186.56 195.89 205.68 c. # of Parcels 24 24 24 24 d. Total Amount Assessed for the District: 4,477 4,477 4,701 4,936 Income
a. Annual Assessment Revenue 4,477 4,488 4,701 4,936
b. Minus County Tax Collection Fee (1.7%) (76) (76) (80) (84) c. Other (1,184) 1,348 400 400 d. Total Revenue: 3,218 5,760 5,021 5,252 Services
a. Utilities: Water 405 738 550 605 b. Landscape Maintenance 1,225 1,166 4,000 4,000 c. One-Time Project/Maintenance - 1,971 4,500 2,500 d. Property Owner Noticing 20 2 2 81 e. Annual Reporting 511 240 247 858 f. City Administration 2,060 2,122 2,185 2,144 g. Total Expenditures: 4,221 6,239 11,484 10,188 Account Balance
a. Beginning Account Balance: 57,815 56,811 56,332 49,869 b. Net Change (Revenue - Expenditures) (1,003) (479) (6,463) (4,936) c. Ending Account Balance: 56,811 56,332 49,869 44,933 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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Zone 9 (Orchard Ave.)
Tract Nos. 7063
Formed: April 25, 2000
Resolution Number: 00-050

FY 2025
Maximum Base Assessment Rate: $228.66
Assessment Amount per Parcel: $38.41
Number of Parcels: 74
Assessment Income: $2,842.34

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2000.

• Increased from the previous year from $223.38 to $228.66 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA (2.36% for the period February 2023 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 38 ends

FY 2025 Assessment and Income
FY 2025 Services

Services for this assessment zone include:

• Surface maintenance: of the 10-foot-high decorative concrete wall along the railroad and along the south property line abutting Lot 40. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair. To minimize this maintenance work, Boston Ivy is planted and maintained along most of the surface of the wall.

• One-time maintenance: A budget of $500 is included for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $36.24 to $38.41.

• The total annual assessment income will equal $2,842.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 39 ends

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

Fund 276, Project 3749
Established 2000, 74 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 212.14 212.14 223.38 228.66 b. Annual Per Parcel Assessment: 34.19 34.19 36.24 38.41 c. # of Parcels 74 74 74 74 d. Total Amount Assessed for the District 2,530 2,530 2,682 2,843 Income
a. Annual Assessment Revenue 2,513 2,555 2,682 2,843 b. Minus County Tax Collection Fee (1.7%) (43) (43) (46) (48) c. Other (200) 239 35 40 d. Total Revenue: 2,270 2,750 2,671 2,834 Services
a. One-Time Project/Maintenance 500 500
b. Graffiti Abatement 2,000 2,000
c. Property Owner Noticing 60 6 6 6 d. Annual Reporting 511 240 247 254 e. City Administration 1,236 1,273 1,311 1,351 f. Total Expenditures: 1,807 1,519 4,064 4,111 Account Balance
a. Beginning Account Balance: 8,837 9,301 10,532 9,139 b. Net Change (Revenue - Expenditures) 463 1,232 (1,393) (1,277) c. Ending Account Balance: 9,301 10,532 9,139 7,862 City of Hayward
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Engineer’s Report, FY 2025

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Zone 10 (Eden Shores Residential)
Tract Nos. 7317, 7360 & 7361
Formed: June 24, 2003
Resolution Number: 03-083

FY 2025
Maximum Base Assessment Rate: $1,363.60
Assessment Amount per Parcel: $344.49
Number of Parcels: 534
Assessment Income: $183,957.66

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2003.

• Increased from the previous year from $1,332.08 to $1,363.60 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA (2.36% for the period February 2023 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 41 ends

FY 2025 Assessment and Income
FY 2025 Services

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

Services for this assessment zone include:
• Park: A 5.58- acre park within the development which includes landscaping and irrigation and playground equipment. The City of Hayward has a Memorandum of Understanding with the Hayward Area Recreation Department (HARD) to maintain the park;
• Landscaping and irrigation : of medians, park strips, and parkway within the development; and
• Surface maintenance: of the decorative concrete and masonry walls along the perimeter and within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair.
• One-time maintenance: A budget of 500,000 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will increase from the previous year from $316.05 to $344.49.

• The total annual assessment income will equal $183,960.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 42 ends

City of Hayward
Landscape and Lighting District Zone 10 - Eden Shores
Fund 277, Project 3750
Established 2003, 534 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,265.04 1,265.04 1,332.08 1,363.60 b. Annual Per Parcel Assessment: 278.94 287.32 316.05 344.49 c. # of Parcels 534 534 534 534 d. Total Amount Assessed for the District: 148,954 153,429 168,771 183,958 Income
a. Annual Assessment Revenue 149,511 153,708 168,771 183,958 b. Minus County Tax Collection Fee (1.7%) (2,532) (2,608) (2,869) (3,127) c. Other (10,281) 12,089 2,600 2,800 d. Total Revenue: 136,697 163,189 168,502 183,630 Services
a. Utilities: Water 20,433 16,141 33,000 36,300 b. Utilities: PGE 395 338 500 600 c. Landscape Maintenance - ES HOA 35,380 30,680 31,600 32,548 d. Park Maintenance - HARD 75,536 56,652 56,652 58,352 e. Park Maintenance Utilities - HARD 45,000
f. One-Time Project/Maintenance 4,765 500,000 g. Graffiti Abatement - 6,000 6,180 h. Property Owner Noticing 218 21 22 23 i. Annual Reporting 1,163 552 568 585 j. City Administration 4,326 4,456 4,589 4,727 k. Total Expenditures: 137,450 113,604 132,932 684,315 Account Balance
a. Beginning Account Balance: 472,453 471,700 521,285 556,854 b. Net Change (Revenue - Expenditures) (753) 49,585 35,570 (500,685) c. Ending Account Balance: 471,700 521,285 556,854 56,170 City of Hayward
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Engineer’s Report, FY 2025

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Zone 11 ( Stonebrae Country Club)
Tract Nos. 5354, 8356
Formed: July 18, 2006
Resolution Number: 06-096

FY 2025
Maximum Base Assessment Rate: $1,934.08
Assessment Amount per Parcel (Developed): $408.18
Assessment Amount per Parcel (Future Development): $216.34 Number of Parcels: 644
Assessment Income: $260,182.10

Note: Ten new parcels were added in FY 2022. Fourteen parcels of the Stonebrae Country Club development are scheduled for future development. Future development parcels are assessed at 53% of the developed parcel rate.

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2006.

• Increased from the previous year from $1,889.38 to $1,934.08 per parcel by CPI.

City of Hayward
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Engineer’s Report, FY 2025

Page 44 ends

• Includes an annual inflation increase: Yes, includes CPI-U for the San Francisco - Oakland-Hayward MSA (2.36% for the period February 2023 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2025 Assessment and Income

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.

• The per parcel charge for Developed parcels will increase from the previous year from $374.48 to $408.18.

• The per parcel charge for Future Developed parcels will increase from the previous year from $198.47 to $216.34.

• In FY 2017, the assessment rate was reduced 58% from $379 to $156, as expenses were stable, and the account balance was healthy. However, since that time, expenses have increased, to include water, general maintenance, and ongoing upkeep of the district.

The increase in costs, along with use of the account balance has necessitated the need to increase rates annually since the initial decrease in FY 2017.

• The total annual assessment income will equal $260,184.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 45 ends

FY 2025 Services
The Stonebrae Homeowners Association (HOA) administers the landscape maintenance contract for the zone. The HOA invoices the City quarterly for reimbursement of expenses authorized in the benefit district zone budget.

Services for this assessment zone include:

• Landscaping and irrigation: of median, park strips, parkway improvements, and multi- use pathway improvements along Fairview Ave., Carden Lane, Hayward Blvd., Stonebrae Country Club Dr., and the access road to the City water tank;

• Slope maintenance: along Carden Lane, Fairview Ave., Hayward Blvd., and Stone Country Club Dr.;

• Wall maintenance: of decorative walls facing Fairview Ave. and Hayward Blvd. but not including the view fence of the lots along Fairview Ave. This maintenance includes painting, cleaning, graffiti removal, and replacement of the improvements if needed;

• Street and landscape lighting: along Fairview Ave., Carden Lane, Hayward Blvd.; and along the frontage of the school at the intersection of Hayward Blvd ./Stonebrae Country;

• Club Drive and Carden Lane : this maintenance includes electrical costs, and replacement of the improvements if needed;

• One-time maintenance: T he following improvements are planned: 1) Installation of weather-based irrigation controllers to better schedule and monitor water usage. 2) Annual tree fertilization and tree trimming. 3) Annual replenishment of mulch.

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

Pursuant to the original 2002 Vesting Tentative Map for Stonebrae , Village C was anticipated to have 71 single-family lots. On July 5, 2017, the Final Map for Village C was recorded, which updated the number of single -family lots to 96. It should be noted that the Stonebrae development was originally approved for 650 total units. A total of 538 lots have been previously created. With the addition of the 96 Village C lots and the existing 538 lots in the other Villages, the total number of lots increased to 634. On October 6, 2020 , City Council approved a Final Map of Tract 8518, subdividing a 20 -acre site into 10 single family lots, increasing the total number of lots to 644. The current development phase consists of 6 30 single-family parcels (increased from 617 in FY 202 2). The future development phas es will consist of the remaining 13 single-family parcels (decreased from 15 in FY 2023).

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 46 ends

City of Hayward
Landscape and Lighting District Zone 11 - Stonebrae Country Club Fund 279, Project 3731
Established 2006, 644 Parcels (10 Parcels added in 2021) FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,705.76 1,794.28 1,889.38 1,934.08 Developed Parcels
b. Annual Per Parcel Assessment: 330.52 340.44 374.48 408.18 c. # of Parcels 617 629 630 630 d. Total Amount Assessed: 203,931 214,137 235,922 257,153 Future Development Parcels - 53%
e. Annual Per Parcel Assessment 175.18 180.43 198.47 216.34 f. # of Parcels 27 15 14 14 g. Total Amount Assessed: 4,730 2,706 2,779 3,029 h. Total Amount Assessed for the District: 208,661 216,843 238,701 260,182 Income
a. Annual Assessment Revenue 208,661 249,592 238,701 260,182 b. Minus County Tax Collection Fee (1.7%) (3,547) (36,863) (4,058) (4,423) c. Other 9,699 10,411 3,500 3,500 d. Total Revenue: 214,813 223,140 238,143 259,259 Services
a. Utilities: Water 104,497 110,000 121,000 133,100 b. Utilities: PGE 12,392 9,064 9,336 11,203 c. Landscape Maintenance 74,194 54,862 56,508 58,203 d. One-Time Project/Maintenance 2,577 67,996 72,500 74,675 e. Property Owner Noticing 512 51 52 54 f. Annual Reporting 1,012 480 494 509 g. City Administration 3,090 3,183 3,278 3,377 h. Total Expenditures: 198,275 245,635 263,168 281,120 Account Balance
a. Beginning Account Balance: 447,654 443,691 421,196 396,171 b. Net Change (Revenue - Expenditures) 16,538 (22,495) (25,025) (21,861) c. Ending Account Balance: 443,691 421,196 396,171 374,309 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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Zone 12 ( Spindrift - Eden Shore East)
Tract Nos. 7489, 7708 & 8148
Formed: May 15, 2007
Annexed Tract No. 8148: June 21, 2016
Resolution Number: 07-031 & 16-065

FY 2025
Maximum Base Assessment Rate: $256.28
Assessment Amount per Parcel: $104.16
Number of Parcels: 379
Assessment Income: $39,476.64

Annexation to Zone 12 – Spindrift at Eden Shores (Tract 8148) On June 21, 2016, the City Council approved the annexation of the Spindrift at Eden Shores Project into existing Zone 12 of LLAD 96 -1. A total of 118 new lots were created and added to existing Zone 12. The new additions to Zone 12 will be assessed in a manner similar to the existing 261 lots in Zone 12 once developed, which currently pay for the maintenance of improvements at the Alden E. Oliver Sports Park.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 48 ends

FY 2025 Maximum Base Assessment

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

Eden Shores East:
• Originally set when the zone was created in 2007.

• Increased from the previous year from $250.34 to $256.28 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (2.36% for the period February 2023 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

Spindrift Annexation:
• Originally set when the zone was created in 2016.

• Increased from the previous year from $239.80 to $246.98 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (2.62% for the period December 2022 to December 2023) and the unused CPI carried over from previous fiscal years is 3.53%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 49 ends

FY 2025 Assessment and Income

FY 2025 Services

Services for this assessment zone include:

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

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.

• The per parcel charge for Developed parcels will increase from the previous year from $98.26 to $104.16.

• The total annual assessment income will equal $39,476.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 50 ends

City of Hayward
Landscape and Lighting District Zone 12 - Spindrift (Eden Shores East) Fund 278, Project 3732
Established 2007, 2016; 379 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
Original Zone, Established 2007, 261 parcels - CPI - Feb to Feb a. Maximum Base Assessment Amount: 226.02 237.74 250.34 256.28 b. Annual Per Parcel Assessment: 90.00 92.70 98.26 104.16 c. # of Parcels 261 261 261 261 d. Total Amount Assessed: 23,490 24,195 25,646 27,186 Spindrift Annexation, Added FY 2017, 118 Parcels - CPI Dec to Dec e. Maximum Base Assessment 226.03 232.80 239.80 246.98 f. Annual Per Parcel Assessment: 90.00 92.70 98.26 104.16 g. # of Parcels 118 118 118 118 h. Total Amount Assessed: 10,620 10,939 11,595 12,291 l. Total Amount Assessed for the District: 34,110 35,133 37,241 39,477 Income
a. Annual Assessment Revenue 34,110 35,088 37,241 39,477 b. Minus County Tax Collection Fee (1.7%) (580) (597) (633) (671) c. Other 603 581 150 150 d. Total Revenue: 34,133 35,071 36,758 38,956 Services
a. Contribution to Park Maintenance 32,888 24,666 24,666 25,406 b. Property Owner Noticing 346 30 31 32 c. Annual Reporting 1,163 552 568 585 d. City Administration 1,236 1,273 1,311 1,351 e. Total Expenditures: 35,632 26,521 26,577 27,374 Account Balance
a. Beginning Account Balance: 21,335 19,273 27,823 38,004 b. Net Change (Revenue - Expenditures) (1,499) 8,550 10,181 11,582 c. Ending Account Balance: 19,273 27,823 38,004 49,586 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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Zone 13 (Cannery Place)
Tract Nos. 7613, 7625, 7748 & 7749
Formed: June 17, 2008
Resolution Number: 08-0901

FY 2025
Maximum Base Assessment Rate: $1,454.34
Assessment Amount per Parcel: $417.78
582 Condominium Style Units, 16 Duets, and One Commercial Retail Parcel Assessment Income: $250,250.22

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2008.

• Increased from the previous year from $1,420.74 to $1,454.34 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI-U for the San Francisco - Oakland-Hayward MSA (2.36% for the period February 2023 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 52 ends

FY 2025 Assessment and Income

FY 2025 Services
Services for this assessment zone include:
• Park Maintenance: includes approximately five (5) acres of park area encompassing landscaping and irrigation, and playground equipment, and maintenance of a historic water tower within the development;

• Landscaping and irrigation: includes park strips and parkway within the development;

• Surface maintenance: of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair; and

• Maintenance: of street trees;

• Maintenance: of paved walkways;

• One-time maintenance: A budget of $120,000 is allocated for additional maintenance, as required.

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

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge for Developed parcels will increase from the previous year from $394.13 to $417.78.

• The total annual assessment income will equal $250,248.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 53 ends

City of Hayward
Landscape and Lighting District Zone 13 - Cannery Place Fund 281, Project 3733
Established 2008, 599 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 1,282.66 1,349.23 1,420.74 1,454.34 b. Annual Per Parcel Assessment: 361.00 371.82 394.13 417.78 c. # of Parcels 599 599 599 599 d. Total Amount Assessed for the District: 216,239 222,720.18 236,083 250,250 Income
a. Annual Assessment Revenue 215,622 223,234 236,083 250,250 b. Minus County Tax Collection Fee (1.7%) (3,676) (3,786) (4,013) (4,254) c. Other (13,544) 16,509 2,400 2,500 d. Total Revenue: 198,402 235,957 234,470 248,496 Services
a. Utilities: Water 61,555 47,389 80,000 88,000 b. Utilities: PGE 8,829 8,831 9,500 11,400 c. Landscape Maintenance 73,440 67,320 69,340 71,420 e. Graffiti Abatement - - 7,000 7,210 f. One Time Project/Maintenance 8,522 6,796 125,000 120,000 g. Calsense Air Time - Five Year Maint 25,000
h. Property Owner Noticing 448 48 50 51 i. Annual Reporting 1,012 480 494 509 j. City Administration 4,326 4,456 4,589 4,727 k. Total Expenditures: 158,132 135,320 320,973 303,317 Account Balance
a. Beginning Account Balance: 609,843 650,112 750,749 664,247 b. Net Change (Revenue - Expenditures) 40,270 100,637 (86,503) (54,821) c. Ending Account Balance: 650,112 750,749 664,247 609,426 City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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Zone 14 (La Vista)
Tract Nos. 7620
Formed: June 14, 2016
Resolution Number: 16-044

FY 2025
Maximum Base Assessment Rate: $747.04
Assessment Amount per Developed Parcel: $683.65
Number of Parcels: 179
Assessment Income: $122,373.35

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2016.

• Increased from the previous year from $725.28 to $747.04 per parcel by CPI-U.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

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FY 2025 Assessment and Income

FY 2025 Services

Services for this assessment zone include:

• Landscaping and irrigation: of the public right of ways of Tennyson Rd., Vista Grande Dr., Cantera Dr., Mountain View Dr., Fortuna Way, and Alquire Pkwy, and firebreak landscaping along the perimeter of the backside of the development. Such landscaping consists of the care for groundcover, shrubs, trees, weed abatement in planted areas, upkeep and servicing of the irrigation system, and utility costs to service the landscaping;

• Surface maintenance : of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Maintenance: of street trees;

• Maintenance: of bioswales and tree filters;

• Maintenance: of street lighting;

• Maintenance: of private paved trails east of Alquire Parkway.

Assessment Rate (annual charge per parcel) and Income

• The per parcel charge will remain the same as the previous year at $683.65.

• The total annual assessment income will equal $122,373.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025

Page 56 ends

City of Hayward
Landscape and Lighting District Zone 14 - La Vista
Fund 282, Project 3751
Established 2016, 179 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 683.65 704.16 725.28 747.04 b. Annual Per Parcel Assessment: 683.65 683.65 683.65 683.65 c. # of Parcels 179 179 179 179 h. Total Amount Assessed for the District: 122,373 122,373 122,373 122,373 Income
a. Annual Assessment Revenue 122,967 121,977 122,373 122,373 b. Minus County Tax Collection Fee (1.7%) (2,080) (2,080) (2,080) (2,080) c. Other (4,813) 5,973 350 350 d. Total Revenue: 116,074 125,870 122,373 122,373 Services
a. Utilities: Water 32,406 19,444 21,388 23,527 b. Utilities: PGE 456 2,500 3,500 c. Landscape Maintenance 42,240 46,080 47,462 48,886 d. One-Time Capital Project/Maintenance - 14,620 45,000 59,440 e. Property Owner Noticing 147 14 15 15 f. Consultant/Annual Reporting 1,012 480 494 509 g. City Administration 4,326 4,456 4,589 4,727 h. Total Expenditures: 80,131 85,551 121,449 140,605 Account Balance
a. Beginning Account Balance: 191,036 227,744 268,063 268,988 b. Net Change (Revenue - Expenditures) 44,975 40,319 924 (18,231) c. Ending Account Balance: 227,744 268,063 268,988 250,756

City of Hayward
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Zone 15 (Cadence)
Tract No. 8032
Formed: January 17, 2017
Resolution Number: 17-001

FY 2025
Maximum Base Assessment Rate: $724.44
Assessment Amount per Parcel: $0.00
Number of Parcels: 206
Assessment Income: $0.00

This benefit zone is s elf-maintained by the property owner. If the park is maintained, n o assessment amount will be charged.

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2017.

• Increased from the previous year from $703.34 to $724.44 per parcel by CPI-U.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (2.62% for the period December 2022 to December 2023) and the unused CPI carried over from previous fiscal years is 3.12%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

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FY 2025 Assessment and Income
Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to remain the same based on the City’s analysis of the financial stability of the zone.

• The per parcel charge will remain the same at zero. AMCAL has entered in contract with Bella Vista Landscape Services, Inc. (CCL # 805462) to maintain the Park in good repair and working order, and in a neat, clean, and orderly condition. AMCAL is responsible for the annual payment of the District Management cost and reimbursement to the City for the Engineer’s Report. Thus, each of the 206 parcels will be assessed at $0.00 per parcel. The Assessment District ensures adequate funding is available for the maintenance of the Park should the Developer default, not meet the maintenance standards, or if the property is sold, and the City assumes maintenance of the park

• The total annual assessment income will equal zero pursuant to the Owners Participation Agreement (OPA) for the Cadence Development . Per the OPA , AMCAL Hayward LLC (AMCAL) is responsible for the maintenance Cadence Public Park in perpetuity or for the life of the agreement. As required in Section 8.12 of the OPA, AMCAL submitted their annual Park Maintenance Plan to the City for review and approval.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

• In future years, if there is a need for additional funds, the assessment may be increased up to the Maximum Base Assessment Rate.

• Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

FY 2025 Services

Services provided to this assessment zone include:

• Maintenance: of the Park in good repair and working order; and in a neat, clean, and orderly condition.

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Zone 16 (Blackstone )
Tract Nos. 7894
Formed: May 17, 2016
Resolution Number: 16-044

FY 2025
Maximum Base Assessment Rate: Zone A: $516.66, Zone B: $542.48 Assessment Amount per Parcel – Zone A: $516.66, Zone B: $542.48 Number of Parcels: 157
Assessment Income: $81,735.30

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2016.

• Zone A: Increased from the previous year from $501.60 to $516.66 per parcel by CPI.

• Zone B: Increased from the previous year from $526.68 to $542.48 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes CPI -U for the San Francisco - Oakland-Hayward MSA, (2.62% for the period December 2022 to December 2023) and the unused CPI carried over from previous fiscal years is 1.65%. Therefore, the Maximum Base Assessment Rate has been increased by 3.00%.

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 20 25 Assessment and Income

FY 2025 Services

Services provided to this assessment zone include:
• Landscaping and irrigation: of park strips and setback landscaping along frontages of Burbank Street and Palmer Avenue;

• Surface maintenance : of the decorative concrete walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Park Maintenance : approximately two (2) acres of park area which includes landscaping and irrigation, exercise equipment, bocce ball courts, faux bridge, storm water basins and all other park amenities.

• Maintenance: of street trees, streetlights, paved walkways, and cobblestone pathways

• One-time maintenance: A budget of $43,707 is allocated for additional maintenance, as required.

• The per parcel rate (Zone A) will increase from the previous year from $ 501.60 to $516.66.

• The per parcel rate (Zone B) will increase from the previous year from $ 526.68 to $542.48.

• The total annual assessment income will equal $81,735.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is at the Maximum Base Assessment.

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City of Hayward
Landscape and Lighting District Zone 16 - Blackstone
Fund 284, Project 3753
Established 2016, 157 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
ZONE A
a. Maximum Base Assessment: 472.82 487.00 501.60 516.66 b. Annual Per Parcel Assessment: 467.96 482.00 501.60 516.66 c. # of Parcels 133 133 133 133 d. Total Amount Assessed: 62,239 64,106 66,713 68,716 ZONE B (5% of Zone A)
e. Maximum Base Assessment: 496.46 511.34 526.68 542.48 f. Annual Per Parcel Assessment: 491.34 506.08 526.68 542.48 g. # of Parcels 24 24 24 24 h. Total Amount Assessed: 11,792 12,146 12,640 13,020 i. Total Amount Assessed for the District: 74,031 76,252 79,353 81,735 Income
a. Annual Assessment Revenue 75,314 76,792 79,353 81,735 b. Minus County Tax Collection Fee (1.7%) (1,272) (1,310) (1,349) (1,390) c. Other (3,021) 3,752 100 125 d. Total Revenue: 71,021 79,234 78,104 80,471 Services
a. Utilities: Water 17,271 8,599 9,459 10,405 b. Utilities: PGE 2,698 2,727 2,809 3,370 c. Landscape Maintenance 22,000 24,000 24,720 25,462 d. One-Time Project/Maintenance 3,440 11,500 37,580 43,707 e. Property Owner Noticing 129 13 118 122 f. Annual Reporting 1,012 480 1,294 1,333 g. City Administration 3,090 3,183 3,278 3,377 h. Total Expenditures: 49,640 50,501 79,259 87,776 Account Balance
a. Beginning Account Balance 141,028 140,717 169,450 168,296 b. Net Change (Revenue - Expenditures) 26,141 28,733 (1,155) (7,305) c. Ending Account Balance: 140,717 169,450 168,296 160,990 City of Hayward
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Zone 17 (Parkside Heights)
Tract Nos. 8233
Formed: June 11, 2019
Resolution Number: 19-128

FY 2025
Maximum Base Assessment Rate: $608.86
Assessment Amount per Parcel (Developed): $582.88
Number of Parcels: 97
Assessment Income: $56,539.36

FY 2025 Maximum Base Assessment
Maximum Base Assessment (highest rate that can be charged per parcel).

• Originally set when the zone was created in 2019.

• Increased from the previous year from $594.78 to $608.86 per parcel by CPI.

• Includes an annual inflation increase: Yes, includes February CPI -U for the San Francisco-Oakland-Hayward MSA 2.36% for the period February 20 23 to February 2024).

• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 2025 Assessment and Income
FY 2025 Services

Assessment Rate (annual charge per parcel) and Income

• The annual assessment rate is recommended to remain the same based on the City’s analysis of the financial stability of the zone.

• The per parcel charge will increase from the previous year from $555.12 to $582.88.

• The total annual assessment income will equal $56,539.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• Each of the parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by an individual parcel is indistinguishable from each other.

• The current assessment rate is below the Maximum Base Assessment.

Services provided to this assessment zone include:

• Landscaping and irrigation: of groundcover, trees, and other landscaped areas along the public trail and undeveloped public open space along Ward Creek.

• Surface maintenance: This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Maintenance: of public trail trees;

• Maintenance: of trail signage;

• Maintenance: of paved public trail and permeable pavers;

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City of Hayward
Landscape and Lighting District Zone 17 - Parkside Heights Fund 290, Project 3754
Established 2019, 97 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount: 536.99 564.86 594.78 608.86 b. Developed Parcels
c. Annual Per Parcel Assessment: 528.69 528.69 555.12 582.88 d. # of Parcels 97 97 97 97 e. Total Amount Assessed for the District: 51,283 51,283 53,847 56,539 f. Total Amount Assessed 51,283 51,283 53,847 56,539.36 Income
a. Annual Assessment Revenue 51,756 51,323 53,847 56,539 b. Minus County Tax Collection Fee (1.7%) (872) (872) (915) (961) c. Other (1,688) 2,836 2,500 3,000 d. Total Revenue: 49,197 53,287 55,432 58,578 Services
a. Landscape Maintenance 45,000 46,350
b. One-Time Project Maintenance 4,500 2,500 c. Property Owner Noticing 75 8 8 8 d. Annual Reporting 1,012 480 494 509 e. City Administration 3,090 3,183 3,278 3,377 f. Total Expenditures: 4,178 3,670 53,280 52,744 Account Balance
a. Beginning Account Balance: 38,109 83,047 132,663 134,815 b. Net Change (Revenue - Expenditures) 45,019 49,617 2,151 5,835 c. Ending Account Balance: 83,047 132,663 134,815 140,649 City of Hayward
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Zone 18 (SoHay)
Tract Nos. 8428, 8444, 8445, 8446, 8447
Formed: June 11, 2019
Resolution Number: 19-130

FY 2025
Maximum Base Assessment Rate: Zone A: $464.38, Zone B: $441.16 Assessment Amount per SFE (Developed): Zone A: $300.00, Zone B: $285.00 Assessment Amount per SFE (Undeveloped): Zone A: $90.00 Zone B: $85.50 Number of Parcels: 433 SFE
Assessment Income: $127,320.00

FY 2025 Maximum Base Assessment

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

• Originally set when the zone was created in 2019.

• Zone A: Increased from the previous year from $453.66 to $464.38 per parcel by CPI.

• Zone B: Increased from the previous year from $430.98 to $441.16 per parcel by CPI.

• Includes an annual inflation increase: Yes , includes February CPI -U for the San Francisco-Oakland-Hayward MSA ( 2.36% for the period February 2023 to February 2024).
• Can be increased later: Future increases above the Maximum Base Assessment would require the noticing and balloting of property owners per the requirements of Proposition 218.

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FY 2025 Assessment and Income

Assessment Rate (annual charge per parcel) and Income

• The rate per SFE (Zone A - Developed) will remain the same as the previous year at $300.00.

• The rate per SFE (Zone A - Undeveloped) will remain the same as the previous year at $90.00.

• The rate per SFE (Zone B - Developed) will remain the same as the previous year at $285.00.

• The rate per SFE (Zone B - Undeveloped) will remain the same as the previous year at $85.50.
• The total annual assessment income will equal $127,320.

• The recommended assessment rate will generate revenues that are adequate to pay for the expected level of maintenance and to maintain a prudent capital reserve balance.

• The assessments are apportioned among all lots and parcels within the Assessment Area based on Single -Family Equivalent (SFE). Townhomes are assigned 1.0 SFE, apartments are assigned 0.43 SFE per apartment unit, and commercial is assigned 0.50 SFE per 0.20 acres.

• The current assessment rate is below the Maximum Base Assessment and is sufficient for maintaining levels of service and for keeping a prudent capital reserve balance.

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FY 2025 Services

Services provided to this assessment zone include:

• Landscaping and irrigation: of park groundcover, trees, and other landscaped areas;

• Surface maintenance: of the masonry walls within the tract. This maintenance includes painting, cleaning, graffiti removal, and minor surface repair;

• Park Maintenance : approximately two (2) acres of park area which includes landscaping and irrigation, play structures, basketball court, bike racks, fencing and all other park amenities. The City of Hayward has a Memorandum of Understanding with the Hayward Area Recreation Department (HARD) to maintain the park;

• Maintenance: of park lighting and signage;

• Maintenance: of concrete sidewalks and other paved or concrete surface within the park;

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City of Hayward
Landscape and Lighting District Zone 18 - SoHay
Fund 291, Project 3755
Established 2019, 433 SFE (Incl 2 Commercial parcels and 1 apt complex) FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
Zone A
Maximum Base Assessment Amount: 409.57 430.82 453.66 464.38 a. Developed Parcels
b. Annual Assessment per SFE 50.00 300.00 300.00 300.00 c. # of SFE 192 261 261 261 d. Total Amount Assessed: 9,600 78,288 78,300 78,300 e. Future Development Parcels: 30%
f. Annual Assessment per SFE 15.00 90.00 90.00 90.00 g. # of SFE 69 - - - h. Total Amount Assessed: 1,035 - - - Zone B (95% of Zone A)
Maximum Base Assessment Amount: Zone B 389.09 409.28 430.98 441.16 k. Developed Parcels:
l. Annual Assessment per SFE 47.50 285.00 285.00 285.00 m. # of SFE 79 93 139 172 n. Total Amount Assessed: 3,752 26,505 39,615 49,020 o. Future Development Parcels: 30%
p. Annual Assessment per SFE 14.25 85.50 85.50 85.50 q. # of SFE 93 79 33 - r. Total Amount Assessed: 1,035 6,755 - - s. Total Amount Assessed for the District: 15,422 111,548 117,915 127,320 Income
a. Annual Assessment Revenue 15,422 111,847 117,915 127,320 b. Minus County Tax Collection Fee (1.7%) (262) (1,896) (2,005) (2,164) c. Other (2,621) 5,053 - - d. Total Revenue: 12,539 115,004 115,910 125,156 Services
a. Utilities: Water - 40,000
b. Utilities: PGE - 5,000
c. Park Maintenance - HARD 75,000 77,250 d. Park Maintenance Utilities - HARD 2,000
e. Other Repair/Maintenance 7,000 7,210 f. Property Owner Noticing 201 28 29 30 g. Annual Reporting 1,012 480 494 509 h. City Administration 1,600 1,648 1,697 1,748 i. Total Expenditures: 2,813 2,156 84,220 133,747 Account Balance
a. Beginning Account Balance: 121,572 129,940 242,788 274,478 b. Net Change (Revenue - Expenditures) 14,968 112,848 31,690 (8,591) c. Ending Account Balance: 129,940 242,788 274,478 265,887 City of Hayward
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Assessment
WHEREAS, the City Council of the City of Hayward, County of Alameda, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution (collectively “the Act”), and in accordance with the Resolutio n of Intention, being Resolution No. 24-XX, preliminarily approving the Engineer’s Report, as adopted by the City Council of the City of Hayward, on June 4, 2023.

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

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

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

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

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for FY 2025. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the Alameda County Recorder Office.

I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the FY 2025 for each parcel or lot of land within said Landscaping and Lighting Assessment District No. 96-1.

City of Hayward
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Engineer’s Report, FY 2025

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Dated: May 15, 2024

Engineer of Work

By
John W. Bliss, License No. C52091

City of Hayward
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Vicinity Map

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-300
DATE: June 4, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution of Intention to Approve the Preliminary Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 25, 2024, as the Public Hearing Date

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) to preliminary approve the Preliminary Engineer’s Report (Attachment III) and levy assessments for Fiscal Year 2025 for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit located at Pacheco Way, Stratford Road, and Ruus Lane, and set June 25, 2024 as the Public Hearing date.

SUMMARY
This report is being provided, as required by the Hayward Municipal Code, to preliminarily approve the Engineer’s Report, to include the FY 2025 annual assessment and budget for Maintenance District No. 1 (MD 1).

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

The FY 2025 assessment charged to the 174 property owners is being recommended to be levied at the maximum amount allowed by law ($243.92), which is the same as the previous twenty years. The District’s account balance is currently negative, and staff will be analyzing options to remedy the deficit CITY OF HAYWARD Printed on 5/31/2024Page 1 of 2
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File #:CONS 24-300
account balance. The negative balance can be contributed to the following factors:

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

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

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

4. A Proposition 218 Election to increase the assessment in 2021 did not pass.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer’s Report
CITY OF HAYWARD Printed on 5/31/2024Page 2 of 2
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DATE: June 4, 2024

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt a Resolution of Intention to Approve the Preliminary Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 1 – Storm Drainage Pumping Station and Storm Drain Conduit Located at Pacheco Way, Stratford Road and Ruus Lane, and Set June 25, 2024, as the Public Hearing Date

RECOMMENDATION

That the City Council adopts a resolution (Attachment II) to preliminary approve the Preliminary Engineer’s Report (Attachment III) and levy assessments for Fiscal Year 2025 for Maintenance District No. 1 – Storm Drainage Pumping Station and Storm Drain Conduit located at Pacheco Way, Stratford Road, and Ruus Lane, and set June 25, 2024 as the Public Hearing date.

SUMMARY

This report is being provided, as required by the Hayward Municipal Code, to preliminarily approve the Engineer’s Report, to include the FY 2025 annual assessment and budget for Maintenance District No. 1 (MD 1).

The FY 2025 assessment charged to the 174 property owners is being recommended to be levied at the maximum amount allowed by law ($243.92), which is the same as the previous twenty years.

The District’s account balance is currently negative, and staff will be analyzing options to remedy the deficit account balance. The negative balance can be contributed to the following factors:

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

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

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

4. A Proposition 218 Election to increase the assessment in 2021 did not pass.

BACKGROUND

Annual Report Compliance

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

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

2. FY 2025 recommended budget;

3. FY 2025 maximum base assessment rate;

4. FY 2025 recommended assessment rate; and

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

Formation

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

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

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

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

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

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

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

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

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

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

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Stratford Village SWLS District - Portion of Countywide System Upgrade4

Initial Consultant Fee (paid FY 2020) $87,597
Second Consultant Fee (paid FY 2021) $36,613
SCADA Construction $255,000
Equipment Rehabilitation (0-5 Years) $49,248
Equipment Rehabilitation (5-10 Years) $33,241
Third Consultant Fee5 $42,281
Total Cost $503,980
Less: Payments Made ($283,056)
Remaining Unpaid Balance $220,924
(Legend: Paid, Unpaid)

For FY 2025, the District will collect a net annual amount of $41,721. For FY 2025, the District will budget $50,585 in annual expenses (which includes the County estimated M&O amount of $20,000).

This District does not currently have the funds, nor the ability to generate additional funds, to pay the outstanding Countywide System Upgrade Project costs. Staff explored various options , such as a request for a long -term payment option from the County and/or a successful Proposition 218 Election. City staff will continue to work with Alameda County Flood Control District on solutions for the long-term solvency of the District. In addition to work ing with the County, staff is considering all remedies available to ensure that district assessments can adequately fund current and future maintenance, operation, and capital repairs as designed when the District was created.

In the Fall of 2024, staff will lead a series of additional community meetings with property owners that has a focus on community education around the fiscal issues that plague MD1 and potential outcomes should no additional action be taken. These community meetings will culminate with another Prop 218 election in February 2025. To ensure the long - term fiscal and operational stability of the District, the City will consider other options, up to and including the possibility of dissolution of the District, if the Prop 218 election is unsuccessful.

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

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FISCAL IMPACT
Staff has evaluated the District’s operating balance and confirms that the account is currently operating at a minimal balance. To address this issue, staff will lead a series of community meetings with property owners in Fall 2024. A Prop 218 election will occur in February 2025.

PUBLIC CONTACT

City staff: 1) mailed a postcard notice to property owners to let them know of the recommended FY 2025 assessment rate, and to alert them to three Public meetings where they could provide input (May 29, June 4, and June 25); 2) held a virtual community meeting via Zoom on May 29; and 3) will publish a legal notice in the East Bay Times on or before June 14, 2024.

NEXT STEPS

Following this Council meeting, the City of Hayward is proposing to hold a public hearing on June 25, 2024, to provide an opportunity for any interested person to be heard. After the public hearing, the Council may adopt a resolution setting the annual assessment amount as originally proposed or as modified.

Following the adoption of this resolution, the final assessor’s roll will be prepared and filed with the Alameda County Auditor’s Office to be included on the FY 2025 tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All revenue collected through the assessment must be placed in a special account and can only be used for the purposes stated within this report.

If the City Council adopts the attached resolution of intention, it will hold a noticed public hearing on June 25, 2024, to consider approving the Engineer’s Report and order the levy of assessments for FY 2025.

Prepared by: Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 24- _
Introduced by Council Member

RESOLUTION OF INTENTION PRELIMINARILY APPROVING THE ENGINEER'S REPORT; DECLARING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2025; AND SETTING JUNE 25, 2024, AS THE PUBLIC HEARING DATE CONCERNING MAINTENANCE DISTRICT NO. 1 - STORM DRAINAGE PUMPING

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

AND RUUS LANE

WHEREAS, Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit –Pacheco Way, Stratford Road, and Ruus Lane (the District) was established by the adoption of Resolution No. 95-103 to provide funds to operate, maintain, and service a storm drainage pumping station an d storm drain conduit constructed to provide a means of handling storm water runoff for Tracts 6472, 6560, 6682, and 6683; and

WHEREAS, the District consists of properties as shown on the Assessment Roll which will be available on file in the Office of the Hayward City Clerk on June 25, 2024; and

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

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

2. The Engineer’s Report has been made, filed with the City Clerk, and duly considered by this City Council and is hereby deemed sufficient and intended to be preliminarily approved. Said report shall stand as the report for all subsequent proceedings relating to the proposed levy of the District assessments for Fiscal Year 2025.

ATTACHMENT II

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3. The proposed assessment for Fiscal Year 2025 is at the maximum base assessment amount of $243.92 per parcel.

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

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

6. On June 25, 2024, at the hour of 7:00 p.m., a public hearing will be held on the levy of the proposed assessment. Prior to the conclusion of said public hearing, any interested person may file a written protest with the City Clerk, or having previously filed a protest, may file a written withdrawal of that protest. A written protest by a property owner shall contain a description sufficient to identify the property owned by such owner.

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

IN COUNCIL, HAYWARD, CALIFORNIA, ___________________, 2024 ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED AS TO FORM:

ATTEST:

City Clerk of the City of Hayward

City Attorney of the City of Hayward
Fiscal Year 2025 ENGINEER’S REPORT
City of Hayward
Maintenance District No. 1
May 2024
Preliminary Report

ATTACHMENT III
City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025
Page i

City of Hayward
City Council
Mark Salinas, Mayor
Francisco Zermeño, Mayor Pro Tempore
Angela Andrews, Council Member
Ray Bonilla Jr., Council Member
Dan Goldstein, Council Member
Julia Roche, Council Member
George Syrop, Council Member
Clerk of the Council
Miriam Lens
City Manager
Kelly McAdoo
City Attorney
Michael Lawson
Engineer of Work
SCI Consulting Group

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025
Page ii

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025
Page iii

List of Figures
Figure 1 – 2025 Estimate of Cost ..................................................................................................... 7

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

Page 1 ends

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

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

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

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

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

Page 2 ends

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

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

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

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

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

Proposition 218 stated that any existing assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems, or vector control on or before November 6, 19 96, shall be exempt from the procedures and approval process of Proposition 218, unless the assessments are increased.

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

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

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

Page 3 ends

The formation methodology used to calculate the MBA that could be levied in any given year allows the MBA from the prior year to be increased by the prior year’s change in the Consumer Price Index. Therefore, based upon the review of the City Attorney, imp osing the assessment adjustment each year based upon the prior year’s increase in the Consumer Price Index does not require Proposition 218 proceedings.

Noticing, Public Comment, and Public Hearing
Noticing and information regarding this report were provided via the following methods: 1) a notice was mailed to all affected property owners to provide detail of their recommended FY 2025 assessment rate and to alert them to three community meetings where they could provide input (May 29, June 4, June 25); and 2) published a legal notice in the East Bay Times on or before June 14, 2024.

All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Plans and Specifications
Introduction
The annual Engineer’s Report includes: (1) a description of the improvements to be operated, maintained, and serviced; (2) an estimated budget, (3) the maximum base assessment rate, and (4) a listing of the proposed collection rate to be levied upon each assessable lot or parcel.

Description of Improvements
The facilities, which have been constructed within the City of Hayward's Maintenance District No. 1 boundaries, and those which may be subsequently constructed, will be operated, maintained, and serviced and are generally described as follows:

The Stratford Village Storm Water Lift Station (SWLS):
 2 - 15 H.P. Pumps
 1 - 5 H.P. Pump
 1 - 3 H.P. Dewatering Pump
 1 - Generator
 1 - Supervisory Control and Data Acquisition (SCADA) System  1 - Masonry Building to House the SCADA System and Generator The operation and servicing of these facilities include but are not limited to personnel; electrical energy; materials, including diesel fuel and oil; hazardous materials clean up; and appurtenant facilities as required to provide sufficient run-off capacity.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance, and servicing of the SWLS, including repair, removal or replacement of all or part of any of the SWLS.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Fiscal Year 202 5 Estimate of Cost and Budget
Estimate of Costs
Chapter 10, Article 10, Section 10-10.25 of the Hayward Municipal Code and as supplemented by the provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California provides that the total cost of operation, mainte nance and servicing of the storm drainage improvements and storm water pumping station can be recovered by the District.

Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with these improvements can also be included.

Tract No. 6472, 6560, 6682, 6683 & 6682
Formed: June 6, 1995
Resolution Number: 95-103
FY 2025
Maximum Base Assessment Rate: $243.92
Assessment Amount per Parcel: $243.92
Number of Parcels: 174
Assessment Income: $42,442.08

The following is an overview of the FY 2025 assessment district:
 Maximum Base Assessment (MBA) Rate: is unchanged from the original amount of $243.92 per parcel, set when the District was created.

 Annual CPI increase: the maximum base assessment amount cannot be increased annually based upon the prior year’s change in the CPI.

 Assessment revenue: the FY 2025 amount needed to operate and maintain the facilities and contribute to the capital reserve is: $42,442.08.

 Annual assessment charge: each of the 174 parcels shall be apportioned an equal share of the total assessment for this zone as the special benefit derived by the individual parcels is indistinguishable from each other. The FY 2025 per parcel charge will remain the same as the FY 2024 amount of $243.92 per parcel. This amount is at the maximum base assessment and is sufficient for maintaining levels of service and for keeping a reserve balance.

 Proposition 218: Future increases in the assessment amount above the MBA amount would require the noticing and balloting of property owners per the requirements of Proposition 218.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Alameda County Maintenance Contract, Facility Evaluation, & SCADA Upgrade In 2018, the County informed the City of the study, the estimated costs, and the need to repair and replace the infrastructure. The total proposed cost estimate from Alameda County was presented to the City in 2020, totaled $461,699. To date, $87,597 of th at amount has been paid to the County, depleting the District’s capital reserve account. An additional payment of $36,613 was made in FY 2021 to cover the second consultant fee. In February 2021, the County presented a third consultant invoice to the City for $42,281, increasing the total project cost to $503,980.

To complete the recommended project scope, an outstanding amount of $379,770 is required. To fund this outstanding amount, a Proposition 218 assessment balloting was conducted to propose an increase to the annual assessment and adding an annual cost-of-living adjustment mechanism to upgrade and restore this neighborhood’s flood control infrastructure to the condition, efficiency, reliability, and effectiveness that was originally intended.

On June 22, 2021, the City Council conducted a public hearing to tabulate property owner ballots regarding formation and levying of assessments for the Stratford Village Flood Control Facilities Improvement Assessment District (MD1 -2021). The tabulation r esulted in a majority protest in opposition to the proposed assessment; therefore, the assessment was not imposed. As a result, the District remains underfunded and the needed capital improvements will not be made at this time. City staff will continue to work with Alameda County Flood Control District on solutions for the long-term solvency of the District. In addition to working with the County, staff is considering all remedies available to ensure that district assessments can adequately fund current and future maintenance, operation and capital repairs as was designed when the D istrict was created. As part of this work, staff will lead a series of additional community meetings with a focus on community education that culminates with another Prop 218 elec tion. To ensure the long-term fiscal and operational stability of the District, the City will consider other options, up to and including dissolution, if the election is unsuccessful.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Figure 1 – 2025 Estimate of Cost

City of Hayward
Maintenance District No. 1 - Pacheco Wy., Stratford Rd., Russ Ln., & Ward Crk.

Fund 270, Project 3745
Established 1993, 174 Parcels
FY 2022 FY 2023 FY 2024 FY 2025
Budget Detail Actual Actual Estimated Proposed
Assessment
a. Maximum Base Assessment Amount 243.92 243.92 243.92 243.92 b. Annual Per Parcel Assessment 243.92 243.92 243.92 243.92 c. # of Parcels 174 174 174 174 d. Total Amount Assessed for the District: 42,442 42,442 42,442 42,442 Income
a. Annual Assessment Revenue 42,910 42,369 42,442 42,442 b. Minus County Tax Collection Fee (1.7%) (722) (722) (722) (722) c. Other - 209 - - d. Total Revenue: 42,188 41,856 41,721 41,721 Services
a. Utilities: PGE 2,390 2,657 2,737 3,010 b. Pump Station O&M - ACFCD 42,281 20,000 c. Proposition 218 27,500 23,000
d. Property Owner Noticing - 7 7 7 e. Annual Reporting 1,012 480 494 509 f. City Administration - 3,825 3,940 4,058 g. Total Expenditures: 73,183 6,969 7,178 50,585 Account Balance
a. Beginning Account Balance 10,345 (20,649) 14,238 48,781 b. Net Change (Revenue - Expenditures) (30,995) 34,888 34,543 (8,864) c. Ending Account Balance: (20,649) 14,238 48,781 39,917

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Method of Apportionment
Chapter 10, Article 10, Section 10-10.25 of the Hayward Municipal Code and as supplemented by the provisions of Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California permits the establishment of assessment districts by agencies to finance the maintenance and operation of drainage and flood control services, which include the operation, maintenance, and servicing of pump stations.

Proposition 218 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportion al special benefit conferred on the property.

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

Article XIIID of the California Constitution provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements, and rights-of-ways.

The land uses within Maintenance District No. 1 consist of 174 residential parcels and one park parcel. These parcels receive a special benefit in that the pumping station and the storm drains protect the residential parcels and park parcel from storm water flooding. Even though there are only minor structures located on the park parcel it does receive special benefit from flood control improvements and services.

It is estimated that all residential and park parcels derive similar benefits from the flood control improvements and services, therefore the method for spreading the annual costs is on a per parcel basis.

The projected Fiscal Year 202 5 maintenance and operation are estimated to be $ 50,585. The expense does not include the deposit of funds into a capital replacement fund. The collection rate for Fiscal Year 2025 will be at the maximum assessment rate of $243.92 per parcel.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

Page 9 ends

Assessment
WHEREAS, the City Council of the City of Hayward, County of Alameda, California, Pursuant to Chapter 26 of Part 3 of Division 7 of the Streets and Highways Code of the State of California, and Chapter 10, Article 10, Section 10-10.25 of the Hayward Municipal Code, and in accordance with Resolution No. 24-XX, preliminarily approving the Engineer’s Report, as adopted by the City Council of the City of Hayward, on June 4, 2024, and in connection with the proceedings for; WHEREAS, said Resolution directed the undersigned Engineer of Work to prepare and file a report presenting an estimate of costs, a diagram for the Assessment District and an assessment of the estimated costs of the improvements upon all assessable parcels within the Assessment District, to which Resolution and the description of said proposed improvements therein contained, reference is hereby made for further particulars;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me and the order of the City Council of the City of Hayward, hereby make the following assessments to cover the portion of the estimated cost of Improvements, and the costs and expenses incidental thereto to be paid by the Assessment District.

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

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

Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the fiscal year 202 5. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 202 5 for each parcel or lot of land within said Maintenance District No. 1.

Dated: May 16, 2024

Engineer of Work

By ____________________________
John W. Bliss, License No. C052091

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Vicinity Map

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Assessment Diagram
The boundary of the City of Hayward's Maintenance District No. 1 is on file in the Office of the Hayward City Clerk and is incorporated in this report on page 13.

A detailed description of the lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Alameda for Fiscal Year 2025.

For additional information as to the bearings, distances, monuments, easements, etc. of subject subdivisions, reference is hereby made to Final Tract Maps No. 6472, 6560, 6682 and 6683 filed in the Office of the Recorder of Alameda County.

City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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City of Hayward
Maintenance District No. 1
Engineer’s Report FY 2025

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Appendix A - Assessment Roll
A list of names and addresses of the owners of all parcels within the City of Hayward's Maintenance District No. 1 are shown on the last equalized Property Tax Roll of the Assessor of the County of Alameda. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the Office of the Hayward City Clerk.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-301
DATE: June 4, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 2 - Eden Shores Storm Water Facilities and Water Buffer, and Set June 25, 2024, as the Public Hearing Date

RECOMMENDATION
That Council adopts a resolution (Attachment II) of intention to approve the Preliminary Engineer's Report (Attachment III), levy assessments for FY 2025, and set June 25, 2024 as the public hearing date.

SUMMARY
Maintenance District No. 2 (MD 2) was formed in 2003 to fund the ongoing operation, maintenance, administration, and capital replacement of the water buffer and storm water facilities that border the Eden Shores residential community. This annual report is being provided, as required by the Hayward Municipal Code, to approve the annual assessment rate and expenditure budget.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Preliminary Engineer’s Report
CITY OF HAYWARD Printed on 5/31/2024Page 1 of 1
powered by Legistar™

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DATE: June 4, 2024

TO: Mayor and City Council

FROM: Director of Maintenance Services

SUBJECT: Adopt a Resolution of Intention to Preliminarily Approve the Engineer's Report and Levy Assessments for Fiscal Year 2025 for Maintenance District No. 2 – Eden Shores Storm Water Facilities and Water Buffer, and Set June 25, 2024, as the Public Hearing Date

RECOMMENDATION

That Council adopts a resolution (Attachment II) of intention to approve the Preliminary Engineer's Report (Attachment III), levy assessments for FY 2025, and set June 25, 2024 as the public hearing date.

SUMMARY

Maintenance District No. 2 (MD 2) was formed in 2003 to fund the ongoing operation, maintenance, administration, and capital replacement of the water buffer and storm water facilities that border the Eden Shores residential community. This annual report is being provided, as required by the Hayward Municipal Code, to approve the annual assessment rate and expenditure budget.

BACKGROUND AND DISCUSSION

On June 24, 2003, the Council ordered the formation of MD 2 to provide for the maintenance, operation, administration, and capital replacement of a water buffer and storm water pre-treatment facility. The water buffer consists of landscaping, recirculating pumps and filters, maintenance roads, pedestrian bridge, and anti-predator and perimeter fencing. The Eden Shores Maintenance District includes three residential tracts (7317, 7360, 7361) totaling 534 homes. The funds collected from the property owners within MD 2 pay for the ongoing annual operation, maintenance, administration, and capital contribution to operate and maintain this important infrastructure.

Capital funds are collected and maintained so that the district has the financial resources available to utilize to repair or replace sections of fencing, pumps, or bridge components in the future.

In compliance with Section 10-10.25 of the Hayward Municipal Code, an annual Engineer’s Report is required to be submitted to the Council. The report is attached (Attachment III), and includes:
(1) Description of the improvements to be operated, maintained, serviced, and replaced;

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Hayward City CouncilJune 4, 2024

Hayward City Council
June 4, 2024