improvements, Carollo’s scope and fee for the engineering services during construction had not changed. Based on the Contractors current estimated duration of 1,349 days, the project has been extended by approximately 2.8 years. As a result, it is expected that there will be additional effort expended from the extended project duration in most categories of support. Typically, City engineering staff perform some activities such as reviewing submittals and RFIs, however due to staffing commitments on other projects including the WRRF Improvements Phase II Project, Staff are unable to provide the normal construction support services needed, and must rely more heavily on the design engineer.
Due to the nature of the project involving complex electrical retrofits, specialty inspection is needed to verify conformance of the installation with the engineering plans, specifications, and the National Electrical Code (NEC). Therefore, a new subtask to provide electrical engineering on-site inspection and support has been added to assist the Contractor and WRRF staff with the complex sequence of shutdowns and cutovers needed to migrate equipment from existing MCCs and switchgear to the new replacement electrical equipment, as well as to provide inspection support services.
Carollo’s cost proposal of $378,774 includes the following breakdown:
ESDC
Proposed Total Additional Budget
5.1 Project Management $ 7,800.00
5.2 Submittal Review $ 21,840.00
5.3 RFI Review $ 35,920.00
5.4 Design Clarifications $ 30,040.00
5.5 Site Visits $ 5,144.00
5.6 Record Drawings $ 18,890.00
5.7 Factory Witness Testing $ 10,080.00
5.8 Pre-Energization Field Testing $ 10,080.00
5.9 Witness Commissioning $ 0.00
5.10 Witness Functional Testing $ 0.00
5.11 PLC Inspection $ 0.00
5.12 Wire Tag Scheme Development (New) $ 9,240.00
5.13 Construction Meetings (New) $ 5,460.00
5.14 MOP Review / Allowance (New) $ 18,480.00
5.15 Corrective Items Lists / Inspections
(New)
$ 2,520.00
7.1 On-Site Presence / Inspection $ 203,280.00 Total $ 378,774.00
The engineering services during construction (ESDC) included in the PSA awarded in May 2021 was $183,769 or about 1.6% of the construction contract amount which is below the normal range of 3.5 – 5% of the construction cost. The new ESDC fee with the additional scope is $562,543 or 4.9% of the construction contract price which is still very reasonable for a project of this complexity. The overall design and engineering services during construction, including on-site inspection is 15.4% of the
construction cost which is within the range expected for engineering and construction support services combined.
ECONOMIC IMPACT
Replacing the 480-volt main switchgear, aged MCCs, and related electrical equipment is part of an effort to modernize and upgrade existing facilities. The project will greatly improve reliability by reducing staff time associated with breakers tripping causing unplanned outages and staff time attending to issues otherwise related to component failures. The community will enjoy the benefits of the Project, including maintaining effective treatment that provides environmental protection of the San Francisco Bay.
FISCAL IMPACT
The estimated costs for the Switchgear Rehabilitation Project are as follows:
Item Budget After June 27,
2023 Amendment
Revised Budget
Including Additional
ESDC
Construction Contract $11,452,000 $11,452,000
Administrative Change Order
Contingency (15%) $1,717,800 $1,717,800
Professional Engineering Services $1,385,581 $1,764,354 Inspection & Testing $80,000 $80,000
Construction Administration (City Staff) $200,000 $200,000 Total Estimated Project Cost $14,835,381 $15,214,154
The adopted FY25 CIP includes a total of $15,079,000 for the WPCF Main 480V MCC Electrical Distribution Rehabilitation Project No. 07656, across both the Sewer System Capital Replacement Fund (Fund 611) and the Sewer System Capital Improvement Fund (Fund 612).
The total estimated cost of $15,214,145 exceeds the $15,079,000 included in the FY25 Adopted CIP by $135,154. As noted previously, staff require specialty electrical engineering assistance given the extraordinary complexity of construction sequencing required to replace existing electrical infrastructure for plant processes that must remain online at all times except for short shutdown durations, and due to the extensive modifications to existing electrical infrastructure. In addition, the project requires specialty knowledge in electrical systems to properly inspect the project for conformance with the Contract Documents and for compliance with the National Electrical Code.
Therefore, staff recommends appropriating the required funding to support this project in the amount of $135,154 from the Sewer System Capital Replacement Fund (Fund 611).
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap of Improve Infrastructure.
SUSTAINABILITY FEATURES
This project will help the City maintain its ability to treat wastewater efficiently and adequately before discharging into San Francisco Bay.
PUBLIC CONTACT
All project work will be within the WPCF plant boundary and should have no impact on area businesses or the public at large; therefore, no public contact is necessary for this project.
NEXT STEPS
Following Council approval, City Manager is authorized to increase the contract amount with Carollo Engineers, Inc., by $378,774 for a not-to-exceed amount of $1,764,354 for additional construction support services.
Prepared by: Suzan England, Utilities Engineering Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_______________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO A MEND THE PROFESSIONAL SERVICES AGREEMENT WI TH CAROLLO ENGINEERS, INC. , TO INCREASE THE CONTRACT AMOUNT BY $378,774 FOR A NOT-TO-EXCEED AMOUNT OF $1,764,354
TO PROVIDE ADDITIONAL CONSTRUCTION SUPPORT SERVICES FOR THE WRRF SWITCHGEAR REHABILITATION PROJECT NO. 07656, AND APPROPRIATING ADDITIONAL FUNDS IN THE AMOUNT OF $135,154
WHEREAS, the City of Hayward (City) owns and operates the Water Resource Recovery Facility (WRRF), formerly known as the Water Pollution Control Facility (WPCF) which treats an average flow of approximately eleven million gallons per day; and
WHEREAS, the existing main switchgear (MSB), originally installed in 1982, is a key component of the power distribution system at the WPCF. The MSB along with several related motor control centers (MCCs) and distribution panelboards (PBs) have provided power and controls to various plant processes for over forty years and have exceeded their useful lives; and
WHEREAS, On February 27, 2018, the City entered into an agreement with Black & Veatch Corporation to perform engineering services for the WPCF Phase II Facilities Plan. The Phase II Facilities Plan serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years; and
WHEREAS, the WPCF Phase II Facilities Plan evaluated the WPCF’s electrical system and recommended replacing the MSB, MCCs, PBs, and retrofitting the existing old cogeneration building which houses these electrical equipment; and
WHEREAS, on May 2021, the City en tered into an agreement with Carollo Engineers to perform final designs services for the WPCF Switchgear Rehabilitation Project; and
WHEREAS, on October 11, 2022, the City awarded a contract to Blocka Construction, Inc. for construction of the Switchgear Rehabilitation Project; and
WHEREAS, on June 27, 2023 , Council authorized amending the professional services agreement with Carollo Engineers to include programming, acceptance testing, and commissioning of the new programmable logic controller (PLC) equipment; and
WHEREAS, due to supply chain issues and delays in procurement, fabrication, and delivery of a critical electrical transformer, the overall construction schedule has lengthened which has necessitated additional engineering support services during construction; and
ATTACHMENT II
WHEREAS, due to the extraordinarily complex in the required construction sequencing needed to replace critical existing electrical infrastructure for plant processes that must remain online at all times except for short shutdown durations, the highly specialized nature and complexity of electrical retrofits, and lack of in -house expertise in construction oversight and inspection of this type of complex electrical retrofit requiring the need to engage outside electrical engineering assistance to provide technical support and on-site inspection support services; and
WHEREAS, the City and Carollo Engineers have negotiated to increase the contract amount by $378,774, to a not-to-exceed amount of $1,764,354, for additional engineering support services during construction for the Switchgear Rehabilitation Project, Project No. 07656.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to amend, on behalf of the City of Hayward, the professional services agreement with Carollo Engineers, Inc. , for the WRRF Switchgear Rehabilitation Project, Project No. 07 656, to increase the contract amount by $378,774, for a not- to-exceed amount of $1,764,354, in a form approved by the City Attorney.
BE IT FURTHER RESOLVED that the City Council of the City of Hayward hereby amends the FY 2025 CIP Budget Resolution by appropriating the additional funds in the amount of $ 135,154 from the Capital Improvement Project – Sewer Replacement Fund (Fund 611) , increasing the budgeted amount for the Switchgear Rehabilitation Project No. 07656, from $15,079,000 to $15,214,154.
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 24-345
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt a Resolution Approving the Memorandum of Understanding between the City of Hayward and the Hayward Police Officers Association (HPOA) and Authorizing Staff to Execute the Agreement
RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the Memorandum of Understanding (MOU) between the City of Hayward and the Hayward Police Officers Association (HPOA) for the period beginning July 1, 2024 through December 31, 2029 and authorizing the City Manager to execute the MOU.
SUMMARY
The current HPOA MOU expires on June 30, 2024. The proposed resolution (Attachment II) will allow the City Manager to execute an agreement with HPOA for the term beginning on July 1, 2024 through December 30, 2029. The City entered negotiations with HPOA on October 30, 2023, the parties reached a tentative agreement on April 26, 2024, and the agreement was ratified by the bargaining unit members on May 23, 2024. The new agreement will grant salary and benefit adjustments; and, employees will also continue to contribute fifteen percent (15%) toward their California Public Employees’ Retirement System (CalPERS) costs and a one percent (1%) contribution towards Other Post-Employment Benefits (OPEB) costs. The amendments allow for administrative and legal language updates and salary and benefit adjustments, resulting in additional General Fund expenditures of approximately $25.99 million dollars for a five and one half (5.5) year period (FY 2024-2029).
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 1
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt a Resolution Approving the Memorandum of Understanding (“MOU”) between the City of Hayward and the Hayward Police Officers Association (HPOA) and Authorizing Staff to Execute the Agreement
RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the MOU between the City of Hayward and the HPOA for the period beginning July 1, 2024 through December 31, 2029 and authorizing the City Manager to execute the MOU.
SUMMARY
The current HPOA MOU expires on June 30, 2024. The proposed resolution (Attachment II) will allow the City Manager to execute an agreement with HPOA for the term beginning on July 1, 2024 through December 30, 2029. The City entered negotiations with HPOA on October 30, 2023, the parties reached a tentative agreement on April 26, 2024, and the agreement was ratified by the bargaining unit members on May 23, 2024. The new agreement will grant salary and benefit adjustments; and, employees will also continue to contribute fifteen percent (15%) toward their California Public Employees’ Retirement System (CalPERS) costs and a one percent (1%) contribution towards Other Post-Employment Benefits (OPEB) costs. The amendments allow for administrative and legal language updates and salary and benefit adjustments, resulting in additional General Fund expenditures of approximately $25.99 million dollars for a five and one half (5.5) year period (FY 2024-2029).
BACKGROUND AND DISCUSSION
The City of Hayward has worked hard to continue to provide quality services to the community and preserve employee benefits while taking significant steps toward attaining fiscal sustainability. The City continues to experience an unprecedented rise in employee benefit costs, particularly pension and healthcare costs. These increases will make it even more challenging for cities to fund ongoing operations and services to the communities we serve while continuing to provide our employees with sustainable retirement and quality healthcare benefit options. The City has partnered with employees who have stepped up to help address the budget gap by reducing expenses related to salaries and benefits such as sharing the cost of benefits including retirement and medical. Like other bargaining units, HPOA members have partnered with the City and helped to reduce personnel expenses through contributions toward the cost of retirement benefits and waiving and delaying salary increases during past contract negotiations. The new agreement will grant salary and benefit adjustments; and employees will also continue to contribute fifteen percent (15%) toward their California Public Employees’ Retirement System
(CalPERS) costs and a one percent (1%) contribution towards Other Post-Employment Benefits (OPEB) costs.
In addition to the continued cost sharing, HPOA has agreed to several significant MOU provision changes that include revising the grievance process extending the City’s response period from seven (7) business days to fourteen (14) business days andupdating the Bereavement and Reproductive Loss Leave in accordance with new California state legislation. Other changes to the MOU include restructuring the education incentive pay (EIP) from the current twelve and one half percent (12.5%) maximum earning potential to thirteen and one half percent (13.5%) maximum earning potential, restructuring continuous service pay (CSP) by one percent (1%) per tier for an overall increase of five percent (5%) and increasing the combined CSP/EIP cap increase maximum combination of EIP/CSP from twenty percent (20%) to twenty-six percent (26%) to account for these enhancements, and increase annual City deferred compensation contributions from two thousand four hundred dollars ($2,400) to three thousand dollars ($3,000), gfor employees hired on or after July 1, 2024, only CalPERS PEPRA tier employees will be eligible to receive the City’s deferred compensation contribution. These changes will help the City retain police officers and will secure stability in the department long-term. Moreover, the addition of detective and specialized unit premium pay will allow staff assigned to recieve compensation for these added assignments.
In October 2023, staff conducted a total compensation survey, and the survey data reflected HPOA is approximately ten and thirty-two hundredths percent (10.32%) below the average total compensation for Police Officers of the top four (4) agencies the corresponding salary increase shall be effective July 1, 2024. It was important to address external equity throughout the course of these negotiations to secure retention at the management level during a time when agencies nationwide are struggling to retain sworn staff at all levels. To that end, salaries for the Police Lieutenant classification shall be increased by an additional one and one quarter percent (1.25%) each year for four (4) years for a total additional salary increase of five percent (5%) over the term of the MOU. The totality of the proposed MOU revisions include modest salary adjustments that bring HPOA members within market and other incentives to commensurate and improve the compensation package the City offers our Police Officers in comparison to our comparator agencies.
In addition to the full survey differential in the second year of the contract, effective July 1, 2025, HPOA shall receive a five and one half percent (5.5%) salary increase.
In the third year of the contract, effective January 1, 2026, the City shall perform a full salary survey and pending final results salary increases shall be capped at seven percent (7%).
In the fourth year of the contract, effective January 1, 2027, the City shall perform a full salary survey and pending final results salary increases shall be five percent (5%) minimum and shall be capped at seven percent (7%) maximum. %).
In the fifth year of the contract, effective January 1, 2028, the City shall perform a full salary survey and pending final results salary increases shall be five percent (5%) minimum and shall be capped at seven percent (7%) maximum.
In the final year of the contract, effective January 1, 2029, the City shall perform a full salary survey with salary increases pending the final results.
Key provisions of the amended agreement are summarized in Table 1 below.
Table 1 – Key proposed Changes
MOU Section Updated Language
Effective
Date
MOU Clean-up
Language
MOU clean-up language through out July 1,
2024
6.08 Supplemental
Retirement
Medical Benefit
Implement side-letter to continue discussions via side table regarding Medical Expense Reimbursement Plan (MERP)
TBD
6.10 Other
Benefits
Effective July 1, 2024, the City shall contribute three thousand dollars ($3,000.00) annually to the deferred compensation account of employees hired on or after May 1, 2012 paid biweekly in the amount of one hundred fifteen dollars and thirty nine cents ($115.39). This provision shall remain in effect until such time that a successor agreement has been negotiated.
July 1,
2024
7.11 Special
Assignment
Positions and
Premium Pay,
Subsections (A,
B, D, and E)
A. Field Training Officer (FTO) Pay increase from 2.5% to 5% B. Motorcycle Patrol Premium Pay 5%
D. Canine Handler Incentive and On-Duty Time increase from 2.5% to 5%
E. Detective Premium/Investigations Premium to remain a 5% pay with the following provisions:
Sergeants, regularly assigned to specialized investigative units shall qualify for the premium. Clarify unit assignments as follows:
1. Homicide
2. Special Victims Unit (“SVU”)
3. Robbery
4. Special Duty Unit (“SDU”)
5. Vice
July 1,
2024
8.00 Salaries Salaries Effective:
07/01/2024 – 10.32%
07/01/2025 – 5.50 %
01/01/2026 – Full Survey with 7% cap
01/01/2027 – Full Survey with 5% minimum and 7% cap
01/01/2028 – Full Survey with 5% minimum and 7% cap
01/01/2029 – Full Survey
Police Lietenant Classification Only
07/01/2024 – shall receive an additional 1.25%
07/01/2025 – shall receive an additional 1.25%
07/01/2026 – shall receive an additional 1.25%
07/01/2027 – shall receive an additional 1.25%
July 1,
2024
9.02 Payment
for Holidays
Worked
Clarify language in accordance with CalPERS holiday pay.
July 1,
2024
12.01 Bereavement
and
Reproductive
Loss Leave
Increase bereavement leave from 3 days to 5 days.
Add Reproductive Loss Leave. Reproductive loss events include failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproductive. Employees are allowed a maximum of twenty (20) days for reproductive loss in a twelve (12) month period if multiple events of reproductive loss occur. Full-time employees may utilize the initial three (3) paid workdays plus two (2) unpaid workdays for an initial event. The remaining seventeen (17) allowable reproductive loss days are unpaid.
July 1,
2024
13.02 Grievance
Procedure
Change City response time from seven (7) business days to fourteen (14) business days from date of receipt of the grievance in which to respond.
July 1,
2024
15.01 Police
Education
Incentive
Program
Restructure current EIP language to increase benefit as follows:
Intermediate POST – 3.5%
Intermediate POST + BA – 6%
Advanced POST – 8.5%
Advanced POST + MA – 11%
Additional % Allowed with Continuing Education – 2.5%
- Increase maximum EIP from 12.5% to 13.5%
- Increase maximum combination of EIP/CSP from 20% to 26% July 1,
2024
15.02 Continuous
Service Pay
Increase in continuous service pay as follows:
12 years – 5%
16 years – 8%
20 years – 11%
21 years – 12%
22 years – 13%
23 years – 14%
24 years – 15%
- Increase continuous service pay cap from 10% to 15%
- Include ability to consider prior public sector service in vacation accrual rates upon hire
July 1,
2024
17.02 Industrial
Disability
Retirement
Extend period by which an employee may receive monthly Advance Disability Pension Payments (“ADPP”) for disability retirement pursuant to Labor Code Section 4850.3 and Government Code Section 21419. Such advance payments shall continue until such time as CalPERS accepts or denies the employee’s application for disability retirement.
July 1,
2024
FISCAL IMPACT
The total proposed changes result in estimated cost to the General Fund of approximately $25.99 million for a five and one half (5.5) year period (FY 2024-2029). The FY 2025 fiscal impact of these changes is $5.8 million above previously budgeted amounts, and will be included in the FY 2025 mid-year review process.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
NEXT STEPS
If adopted, the City Manager will execute the agreement and staff will finalize the agreement and implement the above changes.
Prepared by: Marisa Guerrero, Human Resources Manager
Recommended by: Brittney Frye, Director of Human Resources
Approved by:
_______________________________________
Dustin Claussen, Interim City Manager
20.00 Duration 5.5-year term:
July 1, 2024 – December 30, 2029
July 1,
2024
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN THE
CITY OF HAYWARD AND THE HAYWARD POLICE OFFICERS ASSOCIATION (“HPOA”)
WHEREAS, the most recent MOU between the City of Hayward and the HPOA expires on June 30, 2024; and
WHEREAS, the City and HPOA reached a tentative agreement for a successor MOU on April 26, 2024 which provides members salary increases, restructured continuous service pay, restructured education incentive pay program, enhance the employee’s premium pay for assignments in specialized units, and increase City’s deferred compensation contribution benefits; and
WHEREAS, the increase of annual City deferred compensation contribution from twenty-four hundred dollars ($2,400) to three thousand dollars ($3,000).
WHEREAS, the agreement increases the continuous service pay from ten percent (10%) to fifteen percent (15%); and
WHEREAS, HPOA recognize the City’s fiscal challenges and continue to contribute toward the cost of CalPERS retirement and currently pay fifteen percent (15%) of which six percent (6%) is a cost share of the employer’s contribution rate; and
WHEREAS, the agreement enhances the education incentive program from 12.5% to
13.5%, increases maximum contribution combination of EIP/CSP from 20% to 26%; and
WHEREAS, the proposed changes will result in an estimated cost of approximately $25.99 million over a five and one half (5.5) contract term to the General Fund
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, a MOU between the City and HPOA for the period of July 1, 2024, through December 31, 2029, a copy of which will be on file in the Office of the City Clerk.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Hayward
APPROVED AS TO FORM:
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-346
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Acting Community Services Manager
SUBJECT
Adopt Resolutions 1) Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services for Fiscal Year 2024-2025 Hayward Navigation Center Operations for a Not-to- Exceed Amount of $2,500,894; and 2) Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with First Presbyterian Church of Hayward to Operate the Year-Round Shelter at South Hayward Parish for Fiscal Year 2024-2025 for a Not-to-Exceed Amount of $405,000
RECOMMENDATION
That the City Council:
1. Adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Bay Area Community Services (BACS) for Fiscal Year 2024-2025 Hayward Navigation Center (HNC) operations for a Not-to-Exceed amount of $2,500,894
2. Adopts a resolution (Attachment III) authorizing the City Manager to negotiate and execute a professional services agreement with First Presbyterian Church of Hayward (FPCH) to operate the year-round shelter at South Hayward Parish (SHP) for Fiscal Year 2024-2025 for a Not-to-Exceed amount of $405,000
SUMMARY
Over the past several years, the City has taken proactive local measures to address the growing homelessness crisis. While these efforts have provided much needed resources to the Hayward community, the need for shelters continues to grow. The purpose of this report is to request Council authorization for the City Manager to negotiate and execute FY 2024-2025 agreements with two shelter operators in Hayward.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution BACS
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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File #:CONS 24-346
Attachment III Resolution FPCH
CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 18, 2024
TO: Mayor and City Council
FROM: Acting Community Services Manager
SUBJECT: 1) Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services for Fiscal Year 202 4-2025 Hayward Navigation Center Operations for a Not -to-Exceed Amount of $2,500,894; and 2) Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with First Presbyterian Church of Hayward to Operate the Year -Round Shelter at South Hayward Parish for Fiscal Year 2024 -2025 for a Not-to-Exceed Amount of $447,621
RECOMMENDATION
That the City Council:
1. Adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Bay Area Community Services (BACS) for Fiscal Year 2024-2025 Hayward Navigation Center (HNC) operations for a Not-to-Exceed amount of $2,500,894; and
2. Adopts a resolution (Attachment III) authorizing the City Manager to negotiate and execute a professional services agreement with First Presbyterian Church of Hayward (FPCH) to operate the year-round shelter at South Hayward Parish (SHP) for Fiscal Year 2024-2025 for a Not-to-Exceed amount of $447,621.
SUMMARY
Over the past several years, the City has taken proactive local measures to address the growing homelessness crisis. While these efforts have provided much needed resources to the Hayward community, the need for shelters continues to grow. The purpose of this report is to request Council authorization for the City Manager to negotiate and execute FY 2024-2025 agreements with two shelter operators in Hayward.
BACKGROUND
In October 2018, Council declared a shelter crisis in Hayward, finding that the health and safety of the City’s growing homeless population were threatened by a lack of shelter resources.1 Since the declaration, Council has worked aggressively to address these health and safety concerns through a multifaceted approach.
One of the initiatives to support Hayward’s community experiencing homelessness is the provision of emergency and transitional shelter. The HNC, operated by BACS, opened in November 2019 to provide transitional housing for 45 individuals at a time. As of 2024, the HNC has a total capacity of 65 shelter beds. Operation of the HNC has historically been funded through a combination of City, State, and Federal funding, most notably the use of one-time American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds.
An additional initiative supported by the City to improve shelter access in Hayward includes FPCH’s Winter Warming Center. Beginning on December 1, 2018, FPCH offered emergency shelter services at its SHP location with funding support from the City. From 2018 through 2021, the Winter Warming Center provided 18 nightly shelter beds during the fall and winter months, when temperatures fell below 45 degrees or there was a high chance of rain. During these months, the shelter operated from 7 p.m. until 7 a.m. and provided dinner and breakfast services for its clients. In July of 2021, Council authorized the expansion of the Winter Warming Shelter into a year-round program as part of its COVID-19 pandemic response efforts and the shelter began offering its expanded service hours in October 2021. During fiscal years 2022 and 2023, Council authorized a combined total of $2,050,000 to ensure the ongoing operations of SHP’s nightly shelter2, a vital resource in South Hayward and valued partner of the Hayward Evaluation and Response Teams (HEART). Currently, SHP operates a 21-bed year-round drop-in shelter in South Hayward. Additional information around local and regional efforts can be found in the May 23, 2023, report3 to Council.
These emergency and transitional shelters have been critical resources for the City’s unhoused community members. With the reduction or delay in the external resources available to support these programs, additional funding is required to continue ongoing operations of the HNC and shelter at SHP.
1 October 2, 2018 Hayward City Council meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648-8632- 2BFE62A97107&Options=&Search=
2 November 7, 2023 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6402141&GUID=4A5F5DF9-8C1D-440D-A839- F610531EA60E&Options=&Search=
3 May 23, 2023, Hayward City Council meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6230209&GUID=B25EFB97-ADB4-45D7-BC5F- 0BC0EE034F45&Options=&Search=
DISCUSSION
Hayward Navigation Center FY 2025 Agreement for Services Staff proposes funding the recommended FY 2025 HNC operations contract through the combined use of local General Fund and Measure C funding, as well as state-level Permanent Local Housing Allocation (PLHA) and Homeless Housing, Assistance, and Prevention (HHAP) block grant funding.
As authorized by Council through the City’s annual FY 2025 budget, Council has allocated $1,500,000 in Measure C and General Fund monies for the FY 2025 HNC operations. In addition to the General Fund allocation, HNC operations will be supported by funding received via the PLHA and HHAP Grants.
PLHA is a state-level funding source authorized in 2017 through the Building Homes and Jobs Act and administered by the California Department of Housing & Community Development (HCD). PLHA is structured as an ongoing source of funding for local housing efforts and includes non-competitive formula grants to CDBG entitlement jurisdictions such as the City of Hayward. On June 23, 2020, Council approved a plan for the use of PLHA funding for a projected total amount of $3,910,410 in funding across five years and authorized the appropriation of the full amount of projected funds.4 In February 2023, HCD announced Round 2 and 3 PLHA allocations. Across the first three rounds, the City was awarded $2,779,506. The amount remaining in Round 4 and Round 5 is projected to be $1,130,904. The State has notified the City that additional information around the timing will be provided in the fall and that the remaining balance of the Round 4 and Round 5 allocations may be requested thereafter.
HHAP is a series of one-time, state-level block grants first authorized in 2019 through AB 101 and awarded to the state’s 13 largest cities, 58 counties, and 44 continuums of care. The City participates in HHAP as a subrecipient of Alameda County and provides all reporting and compliance to the County’s Office of Homeless Care and Coordination. Council authorized receipt and appropriation of $589,391 in HHAP Rounds 1 and 2 funding in July 2021 and $487,981 in HHAP Round 3 and half of Round 4 in January 2024. The City has received notice it will receive the second installment of HHAP Round 4 funds once the first installment of HHAP Round 4 funding is utilized countywide. Staff anticipates an additional $179,000 and will return to Council to authorize and appropriate accordingly when the funds become available. As a part of its 2023 budget bill, the state committed to HHAP Round 5, but left the amount and disbursement timing to be determined during the FY 2025 budget process. As a result of delays in enacting the 2025 state budget, details for Round 5 have not been announced. Staff has been advised by Townsend Public Affairs, the City’s state-level legislative advocacy firm, that Round 5 will likely be distributed in 2025 at a similar funding level to prior rounds, but that HHAP block grants may not be renewed for a sixth round.
4 June 23, 2020 Hayward City Council meeting:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4576654&GUID=DD031A6D-AA81-4633-A471- D51D3CF1CADA&Options=&Search=
Outlined below in Table 1 are the sources of funding for BACS’ FY 2024-2025 HNC operations agreement. This includes the previously-authorized General Fund/Measure C Allocation as well as the PLHA Round 4 allocation, and portions of the Round 4 and the anticipated Round 5 HHAP award.
Table 1: FY24-25 HAYWARD NAVIGATION CENTER RECOMMENDED FUNDING Source Amount
FY 2025 General Fund/Measure C Allocation $1,500,000
Permanent Local Housing Allocation $565,452
Homeless Housing, Assistance and Prevention $435,442
Total $2,500,894
Staff recommends that Council authorize the City Manager to negotiate and execute an agreement with BACS for FY 2024-2025 HNC operations for an amount not-to-exceed $2,500,894 (Attachment II).
Emergency Shelter at South Hayward Parish FY 2025 Agreement for Services Beginning on December 1, 2018, FPCH offered emergency shelter services at its SHP location with funding support from the City. From 2018 through 2021, the Winter Warming Center provided 18 nightly shelter beds during the fall and winter months, when temperatures fell below 45 degrees or there was a high chance of rain. During these months, the shelter operated from 7 p.m. until 7 a.m. and provided dinner and breakfast services for its clients.
The City provides a non-competitive annual allocation of $25,000, through the Community Services Division’s (CSD) operating budget.
On April 27, 20215, Council accepted American Rescue Plan Act of 2021 (ARPA) funds in response to the ongoing impacts of the COVID-19 pandemic and directed staff to develop a Federal Stimulus Expenditure Plan. On July 13, 2021, Council approved the City of Hayward Federal Stimulus Expenditure Plan and Let’s House Hayward (LHH) Strategic Plan, which detailed goals for reducing homelessness in Hayward and strategies and action steps required to achieve those goals.6 As an identified in both the Hayward Federal Stimulus Expenditure Plan and LHH Strategic Plan, one key action was expanding services at the Winter Warming Shelter to operate year-round. The shelter began offering its expanded service hours in October 2021. During fiscal years 2022 and 2023, Council authorized a combined total of $2,050,000 to ensure the ongoing operations of SHP’s nightly shelter7, a vital resource in South Hayward and valued partner of the Hayward Evaluation and Response Teams (HEART).
5 April 27, 2021 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4923169&GUID=F3B939CF-3D97-4F0A- A5AE8F3A12255314&Options=&Search=
6 July 13, 2021 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/MeetingDetail.aspx?ID=873400&GUID=3A966F19-3378-4C59-8EB8- EAF54D8C8478&Options=&Search=
7 November 7, 2023 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6402141&GUID=4A5F5DF9-8C1D-440D-A839- F610531EA60E&Options=&Search=
In the spring, FPCH notified the City that without continued funding, the emergency shelter operations at SHP would be negatively impacted and potentially not be able to operate in FY 2025. In response, staff explored different funding opportunities to support SHP’s emergency operations and encouraged FPCH staff to engage other potential funders to fill their FY 2025 funding gap.
The City’s HEART program response teams routinely utilize South Hayward Parish’s shelter services, and the shelter is a vital service that mitigates harm in the community. To further solidify the frequent collaboration between HEART and SHP and the reliance on shelter services by HEART, the HEART team budgeted $250,000 to reserve four nightly shelter beds for HEART use as part of the FY 2024-2025 operating budget. This guarantees four out of 21 shelter beds for City use at the only drop-in emergency shelter serving single adults experiencing homelessness in Hayward.
Staff is also recommending allocating the remaining Community Development Block Grant (CDBG) COVID-19 Emergency-Related Funding authorized by Council in 20208, in the amount of $172,621, to SHP to support the ongoing and long-term impact of COVID-19 at their shelter.
This is an eligible use as the shelter continues to prepare for, prevent and respond to COVID- 19 at their location.
The proposed funding for the FY 2024 -2025 SHP emergency shelter operation contract is funded by the combined use of the General Fund, HEART pilot program budget funded through salary savings, and CDBG-CV. Outlined below in Table 2 are the sources of funding for SHP’s FY 2024-2025 shelter operations agreement.
Table 2: FY24-25 SOUTH HAYWARD PARISH SHELTER RECOMMENDED FUNDING Source Amount
FY 2025 General Fund Allocation (CSD) $25,000
FY 2025 HEART Program Budget $250,000
CDBG-CV $172,621
Total $447,621
To continue shelter operations for FY 2024-2025, FPCH requires a total of $1.3M. If Council approves the recommended funding sources, FPCH requires an additional $852,379. Table 3, on the following page, provides an overview of all committed funding sources and the resulting funding gap.
8 December 8, 2020 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4711815&GUID=2688E44E-21AE-46CD-B493- 48E3CA10F915&Options=&Search=
Table 3: FY24-25 SOUTH HAYWARD PARISH SHELTER FUNDING SOURCES & FUNDING GAP Source Amount
Proposed City Funding $447,621
Alameda County Contributions $279,000
Other Committed Funding $7,000
Subtotal – Funding Contributions $733,621
Funding Gap $566,379
FPCH is currently pursuing several funding options and is planning to leverage the City’s contribution to request funding from California Assemblymember Ortega’s office, Alameda County Supervisor Márquez’s office, and apply for foundation and philanthropic funding sources to close the funding gap.
In the fall, staff plan to provide a comprehensive update on the City’s overall homelessness response strategy at a Council work session. Staff will include an update on FY 2024 performance and FY 2025 funding for the HNC and SHP shelter operations at that time.
ECONOMIC IMPACT
There is a positive economic impact from reducing homelessness and poverty and moving individuals into permanent housing as part of the City’s shelter and housing navigation programs.
FISCAL IMPACT
This item has no associated fiscal impact. Funds associated with the referenced agreements have either been previously appropriated or staff will return to Council to authorize and appropriate accordingly when the HHAP and PLHA funds become available.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect, and Produce Housing, under
Project H1: Sustain the Navigation Center to House and Support People Experiencing Homelessness
Project H2: Implement the Homelessness Reduction Strategic Plan
PUBLIC CONTACT
This item is related to the Let’s House Hayward (LHH) Strategic Plan, under Strategy 2.1, to Expand Housing-Focused Shelter Capacity through continued oversight and management of the Hayward Navigation Center. Through the LHH process, Homebase, City staff, and partners
throughout the Hayward community worked together to engage a diverse set of stakeholders to develop the plan.9
NEXT STEPS
If Council approves, staff will move forward to negotiate and execute agreements with BACS and FPCH for the approved amounts. Staff will return to Council in the fall during the annual Work Session on homelessness to provide an update on FY 2024 performance and FY 2025 funding for the HNC and SHP shelter operations.
Prepared by: Emily Hwang, Management Analyst
Rick Rivera, Management Analyst
Carol Lee, Acting Community Services Manager
Approved by:
_________________________________
Dustin Claussen, Interim City Manager
9 For more information on the Let’s House Hayward! Strategic Plan process, please visit https://www.haywardca.gov/lets-house-hayward
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZI NG THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT WITH BAY AREA COMMUNITY SERVICES (BACS) FOR FISCAL YEAR 202 4-2025 HAYWARD NAVIGATION CENTER
OPERATIONS FOR AN AMOUNT NOT-TO-EXCEED $2,500,894
WHEREAS, the City of Hayward opened the Hayward Navigation Center on November 18, 2019; and
WHEREAS, the City issued a Request for Information (RFI) from nonprofit social service providers interested in operating a Housing Navigation Center on January 23, 2019; and
WHEREAS, a panel of reviewers was convened, comprised of staff from Community Services, Police Department, Planning, and Finance; and
WHEREAS, s taff unanimously recommended BACS based on their relevant experience operating the similar Berkeley STAIR Center and providing a number of services to homeless individuals at locations in H ayward, the quality of their application, positive working relationship and flexibility in approach to servic e delivery, and their ability to quickly staff and operate the Navigation Center; and
WHEREAS, BACS has been operating the Hayward Navigation Center since November 2019; and
WHEREAS, since November 2019, BACS has successfully moved 276 individuals experiencing homelessness into permanent housing through the Hayward Navigation Center; and
WHEREAS, the Hayward City Council through Resolution 20-095, has approved the City of Hayward’s Five -Year Permanent Local Housing Allocation Plan and directed $3,910,410 to the Hayward Navigation Center operations over a five-year period.
NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Hayward authorizes the City Manager to negotiate and execute the FY 202 4-2025 agreement between the City and BACS for an amount not-to-exceed $2,500,894.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZI NG THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICE S AGREEMENT WITH FIRST
PRESBYTERIAN CHURCH OF HAYWARD TO OPERATE THE YEAR-ROUND SHELTER AT SOUTH HAYWARD PARISH FOR FISCAL YEAR 2024-2025 FOR A NOT-TO EXCEED AMOUNT OF $405,000
WHEREAS, beginning on December 1, 2018, First Presbyterian Church of Hayward (FPCH) offered emergency shelter services at its South Hayward Parish (SHP) location with funding support from the City; and
WHEREAS, from 2018 through 2021, the Winter Warming Center provided 18 nightly shelter beds during the fall and winter months, when temperatures fell below 45 degrees or there was a high chance of rain; and
WHEREAS, During these months, the shelter operated from 7 p.m. until 7 a.m. and provided dinner and breakfast services for its clients; and
WHEREAS, in support, Council awards a non-competitive annual allocation of $25,000, through the Community Services Division’s (CSD) operating budget; and
WHEREAS, On April 27, 2021, Council accepted American Rescue Plan Act of 2021 (ARPA) funds in response to the ongoing impacts of the COVID -19 pandemic and directed staff to develop a Federal Stimulus Expenditure Plan; and
WHEREAS, on July 13, 2021, Council approved the City of Hayward Federal Stimulus Expenditure Plan and Let’s House Hayward (LHH) Strategic Plan, which detailed goals for reducing homelessness in Hayward and strategies and action steps required to achieve those goals, and
WHEREAS, identified in both the Hayward Federal Stimulus Expenditure Plan and LHH Strategic Plan, one key action was expanding services at the Winter Warming Shelter to operate year-round; and
WHEREAS, in October 2021, the shelter began offering expanded service hours to offer year-round shelter in South Hayward; and
WHEREAS, the shelter is a vital resource and the Hayward Evaluation and Response Teams (HEART) routinely utilize SHP’s shelter services; and
ATTACHMENT III
WHEREAS, to recognize the frequent collaboration between HEART and SHP and the reliance on shelter services by HEART, the HEART team budgeted $250,000 to reserve four nightly shelter beds for HEART use as part of the FY 2024-2025 operating budget; and
WHEREAS, this guarantees four out of 21 shelter beds for City use at the only drop-in emergency shelter serving single adults experiencing homelessness in Hayward; and
WHEREAS, in December 2020, Council authorized the use of Community Development Block Grant (CDBG) COVID -19 Emergency -Related Funding to support the ongoing and long-term impact of COVID-19; and
WHEREAS, there is $179,621 available in CDBG COVID -19 Emergency -Related Funding that needs to be expended; and
WHEREAS, the shelter services is an eligible use as the shelter continues to prepare for, prevent and respond to COVID-19 at their location; and
WHEREAS, FPCH is pursuing several funding options and is planning to leverage the City’s contribution and other committed funds to request additional funding from California Assemblymember Ortega’s office, Alameda County Supervisor Márquez’s office, and apply for foundation and philanthropic funding sources to close the funding gap of $566,379.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute a professional services agreement with First Presbyterian Church of Hayward to operate the year-round shelter at South Hayward Parish for fiscal year 2024-2025 for a Not-to-Exceed amount of $405,000.
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 24-352
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 10 to the Professional Services Agreement with CSG Consultants, Inc., for Private Development Review Services in the Amount of $192,000 for a Total Not-To-Exceed Amount of $2,604,000 and Extending the Date of the Agreement to June 30, 2025
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 10 to the Professional Services Agreement (PSA) with CSG Consultants, Inc., (CSG) for private development plan check review and related services, increasing the amount by $192,000 for a total not- to-exceed contract amount of $2,604,000 and extending the date of the agreement to June 30, 2025.
SUMMARY
The City entered into a PSA with CSG on November 18, 2016 to assist with development review. CSG has extensive experience in providing professional services for private development projects in the Bay Area.
CSG has provided these services for large scale projects in the City such as SoHay, Lincoln Landing and Parcel Groups 3 and 5, specifically in the planning and entitlement stages of projects. Due to staff vacancies and a continued private development workload exceeding the current capacity, staff is requesting an additional amendment to extend these services through June 30, 2025. This extension would allow CSG to continue providing support on a part-time basis, specifically up to 24 hours per week.
The part-time nature of this arrangement ensures that the City can efficiently manage its resources while still benefiting from CSG's expertise.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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File #:CONS 24-352
CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 10 to the Professional Services Agreement with CSG Consultants, Inc., for Private Development Review Services in the Amount of $192,000 for a Total Not-To-Exceed Amount of $2,604,000 and Extending the Date of the Agreement to June 30, 2025
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 10 to the Professional Services Agreement (PSA) with CSG Consultants, Inc., (CSG) for private development plan check review and related services, increasing the amount by $192,000 for a total not-to-exceed contract amount of $2,604,000 and extending the date of the agreement to June 30, 2025.
SUMMARY
The City entered into a PSA with CSG on November 18, 2016 to assist with development review. CSG has extensive experience in providing professional services for private development projects in the Bay Area. CSG has provided these services for large scale projects in the City such as SoHay, Lincoln Landing and Parcel Groups 3 and 5, specifically in the planning and entitlement stages of projects. Due to staff vacancies and a continued private development workload exceeding the current capacity, staff is requesting an additional amendment to extend these services through June 30, 2025. This extension would allow CSG to continue providing support on a part-time basis, specifically up to 24 hours per week. The part-time nature of this arrangement ensures that the City can efficiently manage its resources while still benefiting from CSG's expertise.
BACKGROUND
Public Works staff are responsible for reviewing grading plans, subdivision maps, improvement plans, and soils and geological reports for private development projects.
Due to staff vacancies and significant private development workload, the City entered into an PSA with CSG on November 18, 2016, to provide these plan review services.
On September 19, 20171, Council approved Amendment No. 1, increasing the original PSA amount by an additional $425,000, for a total not-to-exceed amount of $500,000, and extending the term to June 30, 2018.
Amendment No. 2, approved on May 22, 20182, increased the total not-to-exceed amount to $680,000 and extended the PSA to December 31, 2018.
Amendment No. 3, approved on January 8, 20193, extended the PSA to June 30, 2019.
Amendment No. 4, approved on June 25, 20194, increased the total not-to-exceed amount to $880,000 and extended the PSA to June 30, 2020.
Amendment No. 5, approved on September 22, 20205, increased the total not-to-exceed amount to $1,200,000 and extended the PSA to June 30, 2021.
Amendment No. 6, approved on July 06, 20216, increased the total not-to-exceed amount of $1,570,000 and extended the PSA to June 30, 2022.
Amendment No. 7, approved on February 01, 20227, increased the total not-to-exceed amount to $1,700,000.
Amendment No. 8, approved on May 24, 20228, increased the total not-to-exceed amount to $2,100,000 and extended the PSA to June 30, 2023.
Amendment No. 9, approved on May 239, 2023, increased the total not-to-exceed amount to $2,412,000 and extended the PSA to June 30, 2024
DISCUSSION
The current PSA with CSG for development plan check and review services expires on June 30, 2024. Due to staff vacancies in Public Works & Utilities and Development Services Departments, and continued private development workload, staff anticipates that these services will continue to be required through the end of FY 2025, on a part- time basis, up to 24 hours per week. CSG is uniquely positioned to efficiently assist City staff in processing development projects due to their familiarity with City Municipal Code and advanced knowledge and experience in private development projects. CSG’s expertise with the City’s development processes and procedures, along with their experience in previous projects in the City of Hayward, has greatly benefited the staff in
1 Amendment 1 Staff Report and Council Resolution on Legistar 2 Amendment 2 Staff Report and Resolution on Legistar
3 Amendment 3 is a time-only extension and did not require Council approval. 4 Amendment 4 Staff Report and Resolution on Legistar
5 Amendment 5 Staff Report and Resolution on Legistar
6 Amendment 6 Staff Report and Resolution on Legistar
7 Amendment 7 Staff Report and Resolution on Legistar
8 Amendment 8 Staff Report and Resolution on Legistar
9 Amendment 9 Staff Report and Resolution on Legistar
recent years. Additionally, through this PSA, CSG provides training to newly hired engineers and helps improve the development review process.
Staff requests approval of Amendment No. 10 to increase the contract amount by $192,000 for a revised not-to-exceed amount of $2,604,000 and extend the contract through June 30, 2025.
ECONOMIC IMPACT
This PSA facilitates timely development in the City, which impacts and improves the local economy.
FISCAL IMPACT
This item will have minimal impact on the General Fund. Given that private consultant hourly rates are typically higher than City staff’s rates for comparable positions, consultant fees are not fully recovered through charges to projects. However, staff anticipates that most of these expenses will be offset by charges to developers, which will further offset the impact on the General Fund.
Staff will be evaluating the approach taken in current charging practices for development review and will adjust accordingly in order to reduce the impact on the General Fund.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priorities to Grow the Economy, Preserve, Protect & Produce Housing for All, and Invest in Infrastructure by providing professional services to the Development Services and Public Works & Utilities Departments. As part of the aforementioned goals this PSA will assist in finalizing planning on redevelopment of three remaining parcel groups (Parcel 6 and 9).
Additionally, this PSA will help with the review of the development applications that promote housing for all.
By receiving professional services from CSG, the City is taking steps to help improve infrastructure within the City. CSG will play a key role in reviewing and conditioning large developments projects, improving Hayward’s utilities, and advancing street improvements, including traffic calming initiatives.
PUBLIC CONTACT
No public contact has been made related to this amendment.
NEXT STEPS
If Council approves this request, the City Manager will execute an Amendment No. 10 to the PSA with CSG to increase the PSA not-to-exceed amount to $2,604,000 and extend the agreement to June 30, 2025.
Prepared by: Michael Wolny, Management Analyst
Saeed Saebi, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_____________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member ____________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT N0. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC., IN AN AMOUNT OF $192,000 FOR A TOTAL NOT-TO- EXCEED AMOUNT OF $2,604,000 FOR TEMPORARY DEVELOPMENT
REVIEW SERVICES AND EXTENDING THE DATE OF THE AGREEMENT TO JUNE 30, 202 5
WHEREAS, the aforesaid parties have entered into that certain Agreement dated the November 18, 2016 , entitled “Agreement for Professional Services between the City of Hayward and CSG Consultants, Inc.,", for temporary Development Review Services; and
WHEREAS, on October 19, 2017, the City and Consultant amended that certain Agreement to $500,000 and extended it to June 30, 2018, through Amendment No. 1; and
WHEREAS, on June 4, 2018, the City and Consultant amended that certain Agreement to $680,000 and extended it to December 31, 2018, through Amendment No. 2; and
WHEREAS, on January 8, 2019, the City and Consultant amended that certain Agreement to extend to June 30, 2019, through Amendment No. 3; and
WHEREAS, on June 28, 2019, the City and Consultant amended that certain Agreement to $880,000 and extended it to June 30, 2020, through Amendment No. 4; and
WHEREAS, on September 22, 2020, the City and Consultant amended that certain Agreement to $1,200,000 and extended it to June 30, 2021, through Amendment No. 5; and
WHEREAS, on September 2, 2021 the City and Consultant amended that certain Agreement to $1,570,000 and extended it to June 30, 2022, through Amendment No. 6; and
WHEREAS, on February 7, 2022, the City and Consultant amended that certain Agreement to $1,700,000 through Amendment No. 7; and
WHEREAS, on June 13, 2022, the City and Consultant amended that certain Agreement to $2,100,000 and extended it to June 30, 2023, through Amendment No. 8; and
WHEREAS, on June May 23, 2022, the City and Consultant amended that certain Agreement to $2,412,000 and extended it to June 30, 2024, through Amendment No. 9; and
WHEREAS, the City and the consultant desire to further amend the Agreement in certain respects.
NOW, THEREFORE , in consideration of the covenants, conditions, and te rms hereinafter set forth, City and Consult do hereby agree to the following modifications to the Agreement.
That section in said Agreement entitled “(2) Compensation” is hereby amended to read as follows:
City hereby agree s to pay Consultant according to the rate schedule set forth in Exhibit A, Fee Schedule; however, total compensation for Consultant’s services and expenses incurred pursuant to this Agreement shall not exceed the sum of $2,604,000.
That section in said Agr eement entitled “(3) Effective Date and Term” is hereby amended to read as follows:
The effective date of this Agreement shall commence on the date this Agreement is fully executed and shall continue in full force and effect until terminated by the City pursuant to the terms of this Agreement, but no later than June 30, 2025.
All terms and conditions not expressly modified by this Amendment shall remain in full force and effect. This Amendment contains the entire agreement of the Parties with respect to the subject matter of the Amendment, and all negotiations and agreements between the Parties herein or their agents with respect to this Amendment are hereby declared to be merged in the Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager, is hereby authorized and directed to negotiate and execute, on behalf of the Cit of Hayward, Amendment No. 10 to the agreement with CSG CONULSTANTS, INC., for additional services in the amount of $192,000, resulting in an amount not -to-exceed $2,604,000 and extend it through June 30, 2025 associated with the City of Hayward temporary development plan check review, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-354
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Kimley-Horn and Associates, Inc., for On-Call Airport Planning and Environmental Services, Increasing the Total Not-To-Exceed Amount from $700,000 to $880,000; and Appropriating Additional funds from the Airport Capital Fund in the Amount of $180,000
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the Professional Services Agreement with Kimley-Horn and Associates, Inc., (Kimley-Horn) for on- call airport planning and environmental services, increasing the total not-to-exceed amount from $700,000 to $880,000; and appropriating additional funds from the Airport Capital Fund in the Amount of $180,000 for the requested services as follows: Project 06851 ($100,000) and Project 06806 ($40,000 in FY25 and $40,000 in FY26).
SUMMARY
The City entered into a Professional Service Agreement (PSA) with Kimley-Horn on June 27, 2022 to assist with planning and environmental services for Airport-related capital projects. The use of on-call consultants at the Airport is consistent with past practice due to their expertise and knowledge of Federal Aviation Administration (FAA) regulations and standards, and for other reasons. Due to requested revisions to forecasts contained in the draft Airport Layout Plan (ALP), assistance with the preparation of federal grants, as well as other forthcoming Airport-related projects, staff requested and Council approved an extension to the agreement on May 21, 2024 which extended the agreement termination date to June 30, 2026. Staff is now requesting additional appropriations totaling $180,000 to continue with tasks related to both the on-call and ALP Update.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Kimley-Horn and Associates, Inc., for On-Call Airport Planning and Environmental Services, Increasing the Total Not-To-Exceed Amount from $700,000 to $880,000; and Appropriating Additional funds from the Airport Capital Fund in the Amount of $180,000
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the Professional Services Agreement with Kimley-Horn and Associates, Inc., (Kimley- Horn) for on-call airport planning and environmental services, increasing the total not-to- exceed amount from $700,000 to $880,000; and appropriating additional funds from the Airport Capital Fund in the Amount of $180,000 for the requested services as follows: Project 06851 ($100,000) and Project 06806 ($40,000 in FY25 and $40,000 in FY26).
SUMMARY
The City entered into a Professional Service Agreement (PSA) with Kimley-Horn on June 27, 2022 to assist with planning and environmental services for Airport-related capital projects. The use of on-call consultants at the Airport is consistent with past practice due to their expertise and knowledge of Federal Aviation Administration (FAA) regulations and standards, and for other reasons. Due to requested revisions to forecasts contained in the draft Airport Layout Plan (ALP), assistance with the preparation of federal grants, as well as other forthcoming Airport-related projects, staff requested and Council approved an extension to the agreement on May 21, 20241 which extended the agreement termination date to June 30, 2026.
Staff is now requesting additional appropriations totaling $180,000 to continue with tasks related to both the on-call and ALP Update.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6697434&GUID=905D139B-B625-44F6-A243-DF326BCCD7B2&Options=&Search=
BACKGROUND
The Airport has employed the use of both consultants and in-house engineering and design staff in the past to assist with various Airport-related capital projects. The Airport requires the use of on-call consultants for their design and planning expertise and knowledge of frequently changing Federal Aviation Administration (FAA) regulations and standards.
In early 2022, Airport staff and the Finance Department’s Purchasing Division distributed a Request for Qualifications (RFQ) to aviation consultants in accordance with City procurement policy and FAA guidance. After reviewing and considering the merits of each RFQ received, Kimley-Horn was selected as the consultant and the City entered into an agreement with the firm on June 27, 2022. On May 21, 20242, Council authorized an extension to the agreement’s termination date to June 30, 2026.
DISCUSSION
Kimley-Horn was tasked with working on two major projects during the length of the initial two-year contract: the development of an updated Airport Layout Plan (ALP), and an analysis of a Remote Transmitter Receiver ( RTR) installation at the Airport. Work is progressing on both projects, with the ALP Update requiring the following tasks to be completed before both items can be reviewed and ultimately approved by the FAA.
Airport Layout Plan with Narrative – Additional Amount of $100,000 Requested
The ALP with Narr ative provides an inventory of all Airport facilities, including buildings, runways, taxiways, lighting and aircraft parking aprons. The ALP also depicts the locations of potential capital projects.
This ALP Update will ensure Airport facilities conform to current FAA safety and design standards. Kimley-Horn is preparing the ALP Update in accordance with FAA requirements.
Original projections noted that all work was to be completed by June 30, 2024. However, after review staff determined that several items needed further analysis incurring an additional cost of $100,000.
Other Airport -Related Services – Additional Total Amount of $80,000 Requested for Fiscal Years 2025 and 2026 ($40,000 per year)
Kimley-Horn has effectively responded on several occasions that required interpretation of FAA policies and design standards and evaluating impacts to the airport. It will be beneficial to continue to have expert advice on other administrative projects, such as assistance with applying for federal grants, that will arise over the next two fiscal years at an estimated cost of $40,000 per year.
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6697434&GUID=905D139B-B625-44F6-A243-DF326BCCD7B2&Options=&Search=
ECONOMIC IMPACT
Projects identified in the ALP will ultimately generate work for skilled and unskilled tradespeople during the construction phase.
FISCAL IMPACT
In order to fully encumber the total cost of the requested services, an additional $100,000 needs to be appropriated for Project 06851 (ALP Update) and $80,000 for Project 06806 (Consultant Predesign Services), with $40,000 of that amount appropriated for FY 2025 and the remaining $40,000 identified and allocated for FY 2026. 90% of the total cost for the ALP Update will be reimbursed through the FAA. The Airport Capital Fund of the CIP includes sufficient funding to accommodate the additional budget needed for this contract.
The Airport is operated as a financially independent Enterprise Fund. It receives no financial support from the City’s General Fund and must rely solely on the revenue it generates to fund its annual operating and capital improvement budgets. FAA regulations require the Airport to be as financially self-sustaining as possible, which is also an objective of Council.
STRATEGIC ROADMAP
This agenda item supports the Strategic Roadmap priority to Invest in Infrastructure.
Specifically, Invest in City Facilities & Property, Section N12, Upgrade and Maintain Airport Infrastructure and facilities.
SUSTAINABILITY FEATURES
The Airport is strongly committed to developing projects that are environmentally responsible. Therefore, staff will ensure that all plans proposed by future developers incorporate features that are in line with the City’s sustainability guidelines.
PUBLIC CONTACT
The agenda and staff report for this item have been posted on the City’s website and distributed to interested parties. In addition, key new development projects, have been discussed with Council and the community over the past several years.
NEXT STEPS
If Council approves this request, the City Manager will execute an amendment to the professional services agreement with Kimley-Horn to increase the amount from $700,000 to $880,000.
Prepared by: Doug McNeeley, Airport Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
___________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-______
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND
ASSOCIATES, INC ., FOR ON-CALL AIRPORT PLANNING AND
ENVIRONMENTAL SERVICES AT HAYWARD EXECUTIVE AIRPORT ,
INCREASING THE TOTAL NOT -TO-EXCEED AMOUNT FROM $700,000 TO $880,000; AND APPROPRIATING ADDITIONAL FUNDS FROM THE
AIRPORT CAPITAL FUND FOR THE REQUESTED SERVICES
WHEREAS, the City of Hayward (“City”) owns and operates Hayward Executive Airport (“Airport”); and
WHEREAS, The Airport has employed the use of both consultants and in-house engineering and design staff in the past to assist with various Airport -related capital projects; and
WHEREAS, the Airport requires use of on-call consultants for their design and planning expertise and knowledge of constantly changing FAA regulations and standards; and
WHEREAS, According to City procurement policy and FAA guidance, Airport staff and the Purchasing Division distributed a Request for Qualifications (RFQ) to aviation consultants; and
WHEREAS, after reviewing and considering the merits of each RFQ received, Kimley-Horn was selected as the consultant and entered into an agreement with the City on June 27, 2022; and
WHEREAS, Kimley-Horn was tasked with working on two primary projects, the first of which was the development of an updated ALP; and WHEREAS, Kimley -Horn was also utilized in the event an interpretation of new FAA policies and procedures and evaluate impacts to the airport is required; and WHEREAS, Kimley-Horn will require additional time and expense to complete the ALP Update; and
ATTACHMENT II
WHEREAS, Kimley -Horn has successfully completed other on -call projects over the course of the contract, and will be allowed to continue providing such services past the Professional Services Agreement termination date of June 30, 2024; and
WHEREAS, the City Council approved a two -year extension to the agreement on May 21, 2024 which was extended to June 30, 2026; and WHEREAS, the additional cost for the requested outside services will be $180,000; and
WHEREAS, the Recommended FY 202 5 Capital Improvement Program includes funding for the Airport Layout Plan (ALP) Update and other requested services in the Airport Capital Fund (Fund 621), ALP Update, Project No. 06851 and Consultant Predesign Services, Project No. 06806; and
WHEREAS, an additional $100,000 is required for Project 06851 in FY25 and $80,000 for FY25 and FY26 ($40,000 per fiscal year) is required for Project 06806 ; and
WHEREAS, the Airport Capital Fund of the Capital Improvement Program includes sufficient funding to accommodate the additional budget needed for this contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to execute an amendment to the Professional Services Agreement (PSA) with Kimley -Horn and Associates, Inc., (Kimley-Horn) for on-call airport planning and environmental services, increasing the amo unt by $180,000, for a total not -to-exceed (NTE) contract amount of $880,000.
BE IT FURTHER RESOLVED by the City Council of the City of Hayward hereby amends the FY 2025 CIP Budget Resolution by increasing the appropriation in the Airport Capital Fund (Fund 621) by $140,000; and amends the Capital Improvement Program – Airport Capital Fund (Fund 621) as follows:
Project 06851: Increase of $100,000 for FY 2025
Project 06806: Increase of $40,000 for FY 2025
Project 06806: Increase of $40,000 for FY 2026
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk of the City of Hayward
APPROVED AS TO FORM:
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-359
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement (PSA) with NHA Advisors LLC for Municipal Advisory Services in an Amount Not-to-Exceed $90,000 for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Professional Services Agreement (PSA) with NHA Advisors LLC (NHA Advisor) for Municipal Advisory Services in an Amount Not-to-Exceed $90,000 for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project.
SUMMARY
Pursuing municipal bonds requires information and documents demonstrating the borrower’s financial creditworthiness. City’s financial advisor typically prepare these required documents since the documents involve in-depth financing strategies and credit rating analysis of the Wastewater Enterprise Fund. Staff recommends that Council authorizes the PSA with NHA Advisors in an amount not-to-exceed $90,000, for the preparation of the municipal bond documents and municipal advisory services for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 1
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopted a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement (PSA) with NHA Advisors LLC for Municipal Advisory Services in an Amount Not-to-Exceed $90,000 for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute a Professional Services Agreement (PSA) with NHA Advisors LLC (NHA Advisors) for Municipal Advisory Services in an Amount Not-to-Exceed $90,000 for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project.
SUMMARY
Pursuing municipal bonds requires information and documents demonstrating the borrower’s financial creditworthiness. City’s financial advisor typically prepare these required documents since the documents involve in-depth financing strategies and credit rating analysis of the Wastewater Enterprise Fund. Staff recommends that Council authorizes the PSA with NHA Advisors in an amount not-to-exceed $90,000, for the preparation of the municipal bond documents and municipal advisory services for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project.
BACKGROUND AND DISCUSSION
Formerly known as the Water Pollution Control Facility (WPCF), the WRRF core infrastructure was originally constructed in 1952 to treat wastewater flows from the City of Hayward’s residents and businesses prior to discharge into the San Francisco Bay. Over the years, the WRRF has undergone several major upgrades to meet more stringent discharge requirements, as well as increasing capacity as the City’s population and industry have grown. The WRRF now treats an average flow of approximately eleven million gallons per day (MGD) and meets current regulatory requirements for discharge of treated effluent to the deep waters of the San Francisco Bay (Bay).
In response to growing concerns about nutrients in treated wastewater and their impacts on the Bay, in May 2019, the San Francisco Bay Regional Water Quality Control Board (Water Board) announced upcoming regulatory requirements limiting discharge of nutrients (nitrogen) to the Bay. In February of 2024, the Regional Water Quality Control Board released the Draft version of the 3rd Nutrients Watershed Permit. As currently written, this permit would require the East Bay Dischargers Authority (of which the City of Hayward is a member) to reduce nutrients by approximately 50% by 2034.
In June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan (Facilities Plan), to identify improvements required for the WRRF to upgrade its treatment process to incorporate nutrient reduction in the treated effluent to meet the upcoming requirements. In July 2022, Council authorized design and engineering services with Brown & Caldwell for the WRRF Improvements – Phase II Project (Phase II Project). In March 2024, Council authorized entering into a professional services agreement with Carollo Engineers to provide construction management services for the Phase II Project.
As part of the overall funding strategy, Staff are in the process of applying for a United States Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) loan program, pursuing the option of municipal bonds, and monitoring the funding availability from the Clean Water State Revolving Fund. In April 2024, Council authorized applying for the WIFIA loan program. In May 2024, Council adopted an Ordinance adding Article 22, Chapter 8 to the Hayward Municipal Code regarding Water and Wastewater Enterprise Revenue Bond Law. Pursuing municipal bonds requires information and documents demonstrating the borrower’s financial creditworthiness. City’s financial advisor typically prepare these required documents since the documents involve in-depth financing strategies and credit rating analysis of the Wastewater Enterprise Fund.
ECONOMIC IMPACT
There are no direct economic impact associated with approving this item.
FISCAL IMPACT
The current construction cost is currently estimated to be between $281 and $397 million, and the total project cost is estimated to be between $370 and $498M. This project will affect sewer service rates and sewer connection fees. The preliminary projected sewer service rate impacts in the next ten years are anticipated to range from 7% to 10% per year along with significant increases in sewer connection fees. These are preliminary projections, and the actual rate and connection fee impacts will have to be confirmed by a formal rate and connection fee study.
The funding for this agreement will be allocated from the following projects in the Sewer Improvement Fund 612.
Project Amount
WRRF Primary Effluent Flow Equalization Project No. 07749 $ 13,500 WRRF New Administration Building & Lab Project No. 07786 $ 18,000 WRRF Phase II Improvement Project No. 07760 $ 58,500 Total $ 90,000
There will be no impact to the General Fund.
STRATEGIC ROADMAP
This agenda item supports the various goals of Council’s Strategic Roadmap. The WRRF Improvements Phase II Project will address infrastructure needs and improvements to increase the reliability of the City’s treatment plant, and construct process improvements to meet more stringent nutrient limits in accordance with upcoming regulatory requirements, while supporting the goals of the City Council. Specifically, this item relates to the implementation of the following project:
Invest in Infrastructure.
Enhance local water supplies and wastewater systems
Project FP12: Continue Water Pollution Control Facility Phase II upgrade
SUSTAINABILITY FEATURES
The WRRF Improvement - Phase II Project will help maintain and improve the ecology and health of the Bay which is vital for the region and the State. The Phase II Project will position the City to meet the nutrient limits as specified in the Water Board’s 3rd Watershed Permit that requires plants to reduce nitrogen loading to the Bay.
The effects and risks of rising sea water levels will be reviewed and incorporated into the design of the new facilities and some retrofitted facilities where appropriate.
The Administration Building will be reviewed by the City’s Building Division for conformance with State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.) which requires a minimum level of energy efficiency, resource conservation, material recycling, etc. In addition, the building will be designed and constructed to meet the City required Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification.
PUBLIC CONTACT
As part of the funding process, an environmental study (CEQA and/or Initial Study and Mitigated Negative Declaration) will be posted for public review and comment. In addition, a public hearing will be held to review the environmental study.
The project includes a web page to be hosted on the City’s website which is periodically updated throughout the multi-year duration of the project.
NEXT STEPS
If Council approves staff’s recommendation, staff will take the steps necessary to execute a PSA with NHA Advisors and prepare the required documents for pursuing municipal bond.
Prepared by: Elli Lo, Senior Management Analyst
Recommended by: Alex Ameri, Director of Public Works
Approved by:
___________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member ________________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NHA ADVISOR S,
LLC FOR MUNICIPAL ADVISORY SERVICES IN AN AMOUNT NOT TO EXCEED $90,000 FOR THE WATER RESOURCE RECOVERY FACILITY (WRRF) IMPROVEMENT – PHASE II PROJECT
WHEREAS, the City of Hayward (City) own s and operates a wastewater collection, treatment and disposal system, including the Water Resource Recovery Facility (WRRF), which treats an average flow of approximately eleven million gallons per day; and
WHEREAS, increasing nutrient (nitrogen) loading s in the Bay is a growing concern for the Bay Area water quality community, which has been discussed in the San Francisco Bay Regional Water Quality Control Board’s (Water Board) both the first Nutrients Watershed Permit (issued 2014) and the Second Nutrients Watershed Permit (issued 2019); and
WHEREAS, in June 2020, the City completed a comprehensive Master Plan update, the WPCF Phase II Facilities Plan, to identify improvements required for the WRRF to upgrade its treatment process to incorporate nutrient reduction in the treated effluent to meet the upcoming regulatory requirements (Phase II Project); and
WHEREAS, on February 15, 2024, the Water Board issued a draft of the 3rd Nutrients Watershed Permit, which will be finalized and implemented by August 1, 2024, which would require the City to reduce nutrient loading to the Bay by 50% by May 1, 2034; and
WHEREAS, the main goal of the Phase II Project is to construct improvem ents necessary for nutrient removal in compliance with the Water Board’s anticipated requirements in the 3rd Nutrients Permit; and
WHEREAS, in accordance with the Master Plan update, the City will also construct (i) a 21,800 square foot building housing a centralized administration building, main control room for WRRF operations, expanded laboratory facilities, and staff facilities (WRRF Administration and Lab Project) and (ii) a 3 MG primary effluent equalization facility and pump station (Primary Effluent Equalization Facility Project) at a new location in the WRRF, to improve the WRRF’s hydraulic capacity and operability, and to clear space for the Phase II Project; and
DRAFT
ATTACHMENT II
WHEREAS, the City will pursue financing for the Projects under the U.S.
Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) program and may pursue financing under the California Clean Water State Revolving Fund (CWSRF) loan program, and also expects to issue revenue bonds, among other available financing vehicles; and
WHEREAS, on May 21, 2024, Council adopted an Ordinance adding Article 22, Chapter 8 to the Hayward Municipal Code regarding Water and Wastewater Enterprise Revenue Bond Law; and
WHEREAS, pursuing municipal bonds requires informat ion and documents demonstrating the borrower’s financial creditworthiness, typically prepared by the City’s financial advisor.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to negotiate and execute a n agreement with NHA Advisors LLC for Municipal Advisory Services in an Amount Not -to-Exceed $90,000 for the WRRF Phase II Project in a form to be approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-362
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Interim City Manager
SUBJECT
Adopt a Resolution: (1) Declaring a City Council Recess from July 1, 2024 through August 6, 2024; (2) Cancelling the Regular City Council Meetings Scheduled for July 2, 16 and 23, and August 6, 2024; and (3) Authorizing the Interim City Manager, or their Designee, to take Action on Administrative Matters as Necessary During the Recess
RECOMMENDATION
That the City Council adopts a resolution (Attachment II): (1) Declaring a City Council recess from July 1, 2024 through August 6, 2024 (“summer recess”); (2) Cancelling the regular City Council Meetings scheduled for July 2, 16 and 23 and August 6, 2024; and (3) Authorizing the Interim City Manager, or their Designee, to take action on administrative matters as necessary during the recess.
SUMMARY
Each year, the Hayward City Council takes a summer recess which provides the members’ time to rejuvenate and spend time with family and loved ones. This year, the City Council will recess from July 1 through August 6, 2024. The regular City Council meetings that would have occurred on July 2, 16, 23 and August 6, 2024 will be cancelled.
Staff requests that the City Council authorize the Interim City Manager, or their designee, to take action on administrative matters as necessary during the recess. This would involve authority to execute documents, such as contracts, and authority to submit or file documents, that would normally require City Council action.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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File #:CONS 24-362
CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Interim City Manager
SUBJECT: Adopt a Resolution: (1) Declaring a City Council Recess from July 1, 2024 through August 6, 2024; (2) Cancelling the Regular City Council Meetings Scheduled for July 2, 16 and 23, and August 6, 2024; and (3) Authorizing the Interim City Manager, or their Designee, to take Action on Administrative Matters as Necessary During the Recess.
RECOMMENDATION
That the City Council adopts a resolution (Attachment II): (1) Declaring a City Council recess from July 1, 2024 through August 6, 2024 (“summer recess”); (2) Cancelling the regular City Council Meetings scheduled for July 2, 16 and 23 and August 6, 2024; and (3) Authorizing the Interim City Manager, or their Designee, to take action on administrative matters as necessary during the recess.
BACKGROUND/DISCUSSION
Each year, the Hayward City Council takes a summer recess which provides the members’ time to rejuvenate and spend time with family and loved ones. This year, the City Council will recess from July 1 through August 6, 2024. The regular City Council meetings that would have occurred on July 2, 16, 23 and August 6, 2024 will be cancelled. Cancellation of these meetings does not preclude the Mayor from calling a special or emergency meeting during the recess if necessary. Any meetings scheduled during the recess will comply with Brown Act noticing requirements.
Although the City Council will be taking a summer recess, there may still be matters that require administrative action in a timely manner, which cannot be deferred until after the summer recess. Staff requests that the City Council authorize the Interim City Manager, or their designee, to take action on administrative matters as necessary during the recess. This would involve authority to execute documents, such as contracts, and authority to submit or file documents, that would normally require City Council action. Following the summer recess, the Interim City Manager or their designee will report to the City Council any administrative approvals made during the recess.
FISCAL IMPACT
The recommendations provided herein will have no fiscal impact.
NEXT STEPS
Upon adoption of the Resolution, the City Council will recess from July 1 through August 6, 2024. The Interim City Manager or their designee will have the authority to take action on administrative matters during the summer recess and will report back to the City Council when it reconvenes on August 20, 2024.
Prepared by: Dustin Claussen, Interim City Manager
Recommended by: Dustin Claussen, Interim City Manager
Approved by:
________________________________________________________ Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-___
Introduced by Council Member __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD DECLARING A CITY COUNCIL RECESS FROM JULY 1, 2024 THROUGH AUGUST 6, 2024;
CANCELLING THE REGULAR CITY COUNCIL MEETINGS SCHEDULED FOR JULY 2, 16, AND 23, AND AUGUST 6, 2024; AND AUTHORIZING THE INTERIM
CITY MANAGER, OR THEIR DESIGNEE, TO TAKE ACTION ON
ADMINISTRATIVE MATTERS AS NECESSARY DURING THE RECESS
WHEREAS, each year the City Council takes a summer recess which provides councilmembers time to rejuvenate and spend time with family and loved ones; and
WHEREAS, the City Council typically holds regular meetings on the first, third and fourth Tuesdays of each month; and
WHEREAS, this year, the City Council will recess from Ju ly 1, 2024 through August 6, 2024 (“2024 Summer Recess”); and
WHEREAS, in order to faci litate the 2024 Summer Recess, the regular Hayward City Council meetings currently scheduled for July 2, 16 and 23 , and August 6, 2024 must be cancelled; and
WHEREAS, during the 2024 Summer Recess, certain administrative matters that typically require City Council approval may require action which cannot be deferred until after the Summer Recess; and
WHEREAS, the Interim City Manager or their designee may be authorized by the City Council to take action on administrative matters involving execution, submission, or filing of documents, as necessary during the Summer Recess.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward , California, that the City Council hereby declares that it shall be on recess from July 1, 2024 through August 6, 2024.
BE IT FURTHER RESOLVED, that the regular City Council meetings currently scheduled for July 2, 16 and 23, and August 6, 2024 are hereby cancelled.
ATTACHMENT II
BE IT FURTHER RESOLVED, that the City Council hereby authorizes the Interim City Manager or their designee , to take action on administrative matters requiring execution, submission, or filing of documents during the City Council’s 2024 Summer Recess which cannot be deferred until the next regularly scheduled City Council meeting.
BE IT FURTHER RESOLVED, that all actions taken by the Interim City Manager or their designee pursuant to this resolution shall be reported to the City Council at the first regular City Council meeting following the 2024 Summer Recess.
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 24-363
DATE: June 25, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt an Ordinance Amending Chapter 6, Article 16 of the Hayward Municipal Code Related to Regulations for Sidewalk Vending by Amending Sections 6-16.70 and 6-16.80 and Adding 6-16.90
RECOMMENDATION
That the Council adopts the Ordinance introduced on June 18, 2024.
SUMMARY
This item entails adoption of an Ordinance amending Chapter 6, Article 16 of the Hayward Municipal Code, relating to regulations for sidewalk vending by amending sections 6-16.70 and 6-16.80 and adding 6-16.90, introduced on June 18, 2024, by Mayor Salinas.
ATTACHMENTS
Attachment I Staff Report
Attachment II Summary of Ordinance Published
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 1
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT: Adopt an Ordinance Amending Chapter 6, Article 16 of the Hayward Municipal Code Related to Regulations for Sidewalk Vending by Amending Sections 6-16.70 and 6-16.80 and Adding 6-16.90
RECOMMENDATION
That the Council adopts the Ordinance introduced on June 18, 2024.
SUMMARY
This item entails adoption of an Ordinance amending Chapter 6, Article 16 of the Hayward Municipal Code, relating to regulations for sidewalk vending by amending sections 6 -16.70 and 6-16.80 and adding 6-16.90, introduced on June 18, 2024, by Mayor Salinas.
BACKGROUND
The Ordinance was introduced by Mayor Salinas at the June 18, 2024, meeting of the City Council with the following vote:
AYES: COUNCIL MEMBERS: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the priorities outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
The summary of the Ordinance was published in the Daily Review c/o Bay Area News Group- East Bay on Friday, June 21, 2024. Adoption, at this time, is therefore appropriate.
NEXT STEPS
The Hayward Municipal Code and other related documents will be updated accordingly.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
PUBLIC NOTICE OF AN INTRODUCTION OF AN ORDINANCE BY THE CITY COUNCIL
OF THE CITY OF HAYWARD
AN ORDINANCE OF THE COUNCIL OF THE CITY OF HAYWARD AMENDING CHAPTER 6, ARTICLE 16 OF THE HAYWARD MUNICIPAL CODE RELATED TO REGULATIONS FOR SIDEWALK VENDING BY AMENDING SECTIONS 6-16.70 AND 6-16.80 AND ADDING 6-
16.90 THE CITY COUNCIL OF HAYWARD DOES ENACT AS FOLLOWS:
Section 1. Chapter 6, Article 16, of the Hayward Municipal Code is hereby amended to read as follows:
ARTICLE 16 – SIDEWALK VENDORS
SEC. 6-16.70 ENFORCEMENT PENALTIES AND ADMINISTRATIVE CITATIONS.
SEC. 6-16.80 CITY MANAGER AUTHORITY IMPOUNDMENT.
SEC. 6-16.90 CITY MANAGER AUTHORITY.
Section 2. California Environmental Quality Act. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), the City Council finds that this ordinance will not have a direct or reasonably foreseeable indirect physical change in the environment and, therefore, is not subject to CEQA. Additionally, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per Section 15061(c).
Additionally, pursuant to Section 15060(c)(3), the activity is not a “project” as defined in Section 15378 because it does not have the potential for resulting in physical change to the environment, directly or indirectly.
Section 3. If any section, subsection, paragraph or sentence of this Ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of Hayward by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance.
This Ordinance shall become effective thirty (30) days after adoption by the City Council.
Introduced at a regular meeting of the City Council of the City of Hayward, held the 18th day of June 2024, by Mayor Salinas.
This Ordinance will be considered for adoption at the regular meeting of the Hayward City Council, to be held on the 25th day of June 2024, at 7:00 p.m. Please note the City Council will hold a hybrid meeting which will allow for participation in the Council Chamber and virtually via the Zoom platform. The full text of this Ordinance is available for examination by the public by contacting the City Clerk’s office at [email protected] or (510) 583-4400.
Dated: June 21, 2024
Miriam Lens, City Clerk
City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-368
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt a Resolution Approving the Memorandum of Understanding (“MOU”) between the City of Hayward and the Hayward Fire Chiefs’ Association (“HFCA”) and Authorizing Staff to Execute the Agreement
RECOMMENDATION
That the Council adopts the resolution (Attachment II) approving the MOU between the City of Hayward and the HFCA for the period beginning July 1, 2024 through June 30, 2029, and authorizing the City Manager to execute the MOU.
SUMMARY
The MOU with HFCA expires on June 30, 2024. The proposed resolution (Attachment II) will allow the City Manager to execute an agreement with HFCA for the term beginning on July 1, 2024 through June 30, 2029.
The City entered negotiations with HFCA on March 6, 2024, the parties reached a tentative agreement and HFCA ratified the agreement on May 2, 2024. The new agreement will grant members the ability to participate in a retiree medical trust benefit, and receive longevity pay benefits. The successor MOU has also been updated to reflect previously agreed upon modifications to the original MOU contained in side letter agreements and extending the term of the original contract. Additionally, HFCA has agreed to decrease the base rate differential between the classification of Deputy Fire Chief and the Fire Marshal classification from fifteen percent (15%) to ten percent (10%).
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt a Resolution Approving the Memorandum of Understanding (“MOU”) between the City of Hayward and the Hayward Fire Chiefs’ Association (“HFCA”) and Authorizing Staff to Execute the Agreement
RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the MOU between the City of Hayward and the HFCA for the period beginning July 1, 2024 through June 30, 2029, and authorizing the City Manager to execute the MOU.
SUMMARY
The MOU with HFCA expires on June 30, 2024. The proposed resolution (Attachment II) will allow the City Manager to execute an agreement with HFCA for the term beginning on July 1, 2024 through June 30, 2029. The City entered negotiations with HFCA on March 6, 2024, the parties reached a tentative agreement and HFCA ratified the agreement on May 2, 2024.
The new agreement will grant members the ability to participate in a retiree medical trust benefit, and receive longevity pay benefits. The successor MOU has also been updated to reflect previously agreed upon modifications to the original MOU contained in side letter agreements and extending the term of the original contract. Additionally, HFCA has agreed to decrease the base rate differential between the classification of Deputy Fire Chief and the Fire Marshal classification from fifteen percent (15%) to ten percent (10%).
BACKGROUND AND DISCUSSION
The City of Hayward has worked hard to continue to provide quality services to the community and preserve employee benefits while taking significant steps toward attaining fiscal sustainability. While the City is experiencing positive economic improvement in many of its key General Fund revenues, such as Property Tax and Sales Tax, the City continues to experience an unprecedented rise in employee benefit costs, particularly pension and healthcare costs. These increases will make it even more challenging for cities to fund ongoing operations and services to the communities we serve while continuing to provide our employees with sustainable retirement and quality healthcare benefit options. The City has partnered with employees who have stepped up to help address the budget gap by reducing expenses related to salaries and
benefits such as sharing the cost of benefits including retirement and medical. Like other bargaining units, HFCA members have partnered with the City and helped to reduce personnel expenses through contributions toward the cost of retirement benefits and waiving and delaying salary increases during past contract negotiations. The new agreement will grant benefit adjustments; and employees will also continue to contribute fifteen percent (15%) toward their California Public Employees’ Retirement System (CalPERS) costs and a one percent (1%) contribution towards Other Post-Employment Benefits (OPEB) costs.
The membership was particularly interested in modifications to the agreement to ensure the benefits afforded under the MOU remain competitive in comparison with benefits provided to Local 1909 and other IAFF locals in the Bay Area to encourage employees in said groups to apply for the promotional opportunity of Deputy Fire Chief.
The MOU will allow members to participate in a retiree medical trust benefit, Medical Expense Reimbursement Plan (MERP) and receive a longevity pay benefit mirroring that of the Local 1909 unit.
The successor MOU will also decrease the required fifteen percent (15%) differential between the classification of Deputy Fire Chief and Fire Marshal, the highest paid classification represented by Local 1909, to ten percent (10%). Other MOU changes are generally administrative and include language changes to reflect changes in law and policy.
Key provisions of the amended agreement are summarized in Table 1 below.
Table 1 – Key proposed Changes
MOU Section Updated Language
Effective Date
MOU Clean-up
Language
MOU clean-up language through out July 1, 2024
5.12 Other Post
Employment
Benefits
5.13 Retirement
Medical Benefit
5.13 Retirement
Medical
Benefits,
Subsection D.,
Vacation Leave
Transfer
Participate in Retiree Medical Trust in lieu of supplemental retirement benefit previously established; establish monthly employee contribution based on years of service and monthly employer contribution to Trust or 401(a) of $508.30 based on years of service.
During term of this MOU only the City to make lump sum contributions to certain qualified employees to reach calculated benefit level of $508.30/month.
Adding vacation transfer option. Up to 120 hours of accrued vacation leave can be transferred into the Retiree Trust account under qualifying circumstances. Employees who are exempt from Trust contributions may receive cash payment for the vacation in lieu of transfer.
July 1, 2024
6.14 Salaries The base rate for the classification of Deputy Fire Chief shall be ten (10%) greater than the base rate for Fire Training Officer and Fire Marshal.
July 1, 2024
10.01 Bereavement
and
Reproductive
Loss Leave
Increase bereavement leave from 3 days to 5 days.
Add Reproductive Loss Leave. Reproductive loss events include failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproductive. Employees are allowed a maximum of twenty (20) days for reproductive loss in a twelve (12) month period if multiple events of reproductive loss occur. Full-time employees may utilize the initial three (3) paid workdays plus two (2) unpaid workdays for an initial event. The remaining seventeen (17) allowable reproductive loss days are unpaid.
July 1, 2024
12.01 Fire
Education
Incentive
Program
Remove language referencing 5 year employment requirement. July 1, 2024
12.03 Longevity
Pay
Include longevity pay as follows:
15 years – 2%
16 years – 3%
17 years – 4%
18 years – 5%
19 years – 6%
20 years – 7%
21 years – 8%
22 years – 9%
23 years – 10%
24 years – 11%
25 years – 12%
July 1, 2024
FISCAL IMPACT
The proposed changes result in an estimated additional expedediture in the General Fund of approximately $240,093 over the contract term. Budget adjustments will be included in the FY 2025 mid-year budget process.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Roadmap.
NEXT STEPS
If adopted, Human Resources staff will finalize the MOU, the City Manager will execute the MOU, and the Finance Department will implement the above changes in coordination with HR.
Prepared by: Marisa Guerrero, Human Resources Manager
Recommended by: Brittney Frye, Director of Human Resources
Approved by:
______________________________________
Dustin Claussen, Interim City Manager
- continuous service pay not to exceed 12%
13.08 Duration 5-year term:
July 1, 2024 – June 30, 2029
July 1, 2024
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-______
Introduced by Council Member ___
Resolution Approving the Memoranda of Understanding (MOU) between the City of Hayward (“City”) and Hayward Fire Chiefs’ Association (“HFCA”) and Authorizing Staff to Execute the Agreements
WHEREAS, the current MOU between the City and the HFCA will expire on June 30, 2024; and
WHEREAS, the City, and HFCA entered negotiations on March 6, 2024; and
WHEREAS, the City has experienced some positive economic improvement and costs related to employee salaries and benefits, primarily retirement and healthcare continue to increase substantially; and
WHEREAS, HFCA recognize the City’s fiscal challenges and continue to contribute toward the cost of CalPERS retirement and currently pay fifteen percent (15%) of which six percent (6%) is a cost share of the employer’s contribution rate, 1% contribution to OPEB ; and language changes; and
WHEREAS, members will participate in a retiree medical trust benefit, Medical Expense Reimbursement Plan (MERP); and
WHEREAS, HFCA shall receive longevity pay, consistent with International Association of Firefighters, Local 1909; and
WHEREAS, the membership of HFCA ratified the agreement as of May 2, 2024; and
WHEREAS, the proposed changes will result in an estimated additional expenditure in the General Fund of approximately $240,093 for the contract period of FY 20 25 through FY 2029;
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the MOU between the City of Hayward and HFCA for the period of July 1, 2024, through June 30, 2029, and authorizes staff to execute said agreement s, a copy of which will be on file in the Office of the City Clerk.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-371
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Police Chief
SUBJECT
Adopt a Resolution Authorizing the City Manager to Appropriate Measure C Funds for a Conceptual Facility and Site Design Plan for the Proposed New Public Safety Center (PSC) at the Former California National Guard (CANG) Site Located at West Winton Avenue and Tuskegee Airmen Drive in a Total Not-to -Exceed Amount of $500,000.
RECOMMENDATION
That Council adopts a resolution (Attachment II) to 1) authorize the City Manager to appropriate Measure C funds for a conceptual facility and site design plan for the proposed new Public Safety Center (PSC) at the former California Air National Guard (CANG) site located at West Winton Avenue and Tuskegee Airmen Drive in a total not-to-exceed amount of $500,000; and 2) authorize and approve an additional appropriation of $500,000 from the Measure C fund.
SUMMARY
The existing Hayward Police station no longer meets the space, operational, staffing and security requirements for the HPD. The former California Air National Guard site located at West Winton Avenue and Tuskegee Airmen Drive has been identified as a possible site for a new Public Safety Center. Based on previous preliminary investigations, the site can potentially meet all of the requirements to accommodate a modern public safety center.
Staff is requesting Council authorize the City Manager to appropriate Measure C fund for a conceptual facility and site design plan for the proposed new Public Safety Center at the former California National Guard site.
Should Council approve this request, a Request for Proposals (RFP) will be issued to qualified firms for the conceptual facility and site design plan for the new PSC.
ATTACHMENTS
Attachment I Staff Report
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File #:CONS 24-371
Attachment II Resolution
CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Police Chief
SUBJECT: Adopt a Resolution Authorizing the City Manager to Appropriate Measure C funds for a Conceptual Facility and Site Design plan for the proposed new Public Safety Center (PSC) at the former California National Guard (CANG) site located at West Winton Avenue and Tuskegee Airmen Drive in a Total Not-to-Exceed Amount of $500,000.
RECOMMENDATION
That Council adopts a resolution (Attachment II) to 1) authorize the City Manager to appropriate Measure C funds for a conceptual facility and site design plan for the proposed new Public Safety Center (PSC) at the former California Air National Guard (CANG) site located at West Winton Avenue and Tuskegee Airmen Drive in a total not-to-exceed amount of $500,000; and 2) authorize and approve an additional appropriation of $500,000 from the Measure C fund.
SUMMARY
The existing Hayward Police station no longer meets the space, operational, staffing and security requirements for the HPD. The former California Air National Guard site located at West Winton Avenue and Tuskegee Airmen Drive has been identified as a possible site for a new Public Safety Center. Based on previous preliminary investigations, the site can potentially meet all of the requirements to accommodate a modern public safety center.
Staff is requesting Council authorize the City Manager to appropriate Measure C fund for a conceptual facility and site design plan for the proposed new Public Safety Center at the former California National Guard site.
Should Council approve this request, a Request for Proposals (RFP) will be issued to qualified firms for the conceptual facility and site design plan for the new PSC.
BACKGROUND
The existing Hayward Police station no longer meets the space, operational, staffing and security requirements for the HPD. Built in 1975, the existing facility is near the end of its
useful life. The facility is undersized, poorly configured, outdated, and requires security and technology improvements to meet HPD’s current needs.
The discussion of a possible new Public Safety Center began at least a decade ago. However, efforts were stalled, and it is now time to revisit the feasibility of a new Public Safety Center.
In 2020, several locations were analyzed for potential project sites for a new Public Safety Center. One of which was the former California Air National Guard site located at West Winton Avenue and Tuskegee Airmen Drive. Preliminary reviews showed that a 16.8-acre portion of the site, just shy of one-half of total, was sufficient to house the new building and a parking structure.
In 2014, voters in the City approved Measure C which authorized a district one-half cent sales tax rate for, among other things, the restoration and maintenance of City services and facilities. The possible extension of Hayward’s district one-half cent sales tax is being researched for placement on the November 2024 ballot, and thus far, polling has been positive.
It is the desire that foundational work begin immediately on the conceptual facility and site design phase of a new Public Safety Center. This work would be in anticipation of the district one-half cent sales tax extension being approved in November 2024, so that design and construction of the PSC could commence as early as 2025.
DISCUSSION
Roughly eight acres have been designated at the CANG site for the possible future location of the Public Safety Center (PSC). However, how to best utilize that space so that all the needed services can be accommodated well into the future will take planning and thoughtful consideration on the front end. The conceptual facility and site design for a new PSC will need to encompass not only current HDP staffing, but it will also need to be designed and built to accommodate future growth. There is also the desire for increased services from the Youth and Family Services Bureau that could be included in the new Public Safety Center. Animal Services could also be added to the campus for a more centralized location for all police-related services. Consequently, existing satellite police related campuses could eventually be repurposed for other critical city services as all police department related services could be relocated to the new Public Safety Center. All of these options will be analyzed for possible inclusion in the conceptual facility and site design plan.
Whether the City decides to opt for a traditional build or a design build concept, the work starts with the conceptual design plans. With those plans, a general budget can be forecasted and the funding needs can be identified. This is the appropriate time to invest in the foundational work in advance of the possible ballot measure in November.
ECONOMIC IMPACT
There will be many trade jobs involved in the construction of the facility, which will be subject to the City’s Community Workforce Agreement.
FISCAL IMPACT
This action will appropriate $500,000 from the Measure C fund for the cost of the conceptual facility and site design plan. The cost of this conceptual facility and site design plan will not have an impact on the City’s General Fund.
STRATEGIC ROADMAP
This agenda item directly supports the Strategic Priority of Invest in Infrastructure.
Specifically, this item relates to the implementation of the following project:
Invest in City Facilities and Property
N17 Provide CIC a needs assessment/preliminary feasibility report on a new Police Building, including a funding mechanism.
SUSTAINABILITY FEATURES
There are no sustainable features associated with this preliminary work item.
PUBLIC CONTACT
There is no public contact proposed for this item. Input from interested community groups and other residents will be solicited during the siting design phases.
NEXT STEPS
If the Council authorizes this action, staff will begin the RFP process to enter into an agreement a selected design firm for a conceptual facility and site design plan for a new Public Safety Center in the not-to-exceed amount of $500,000.
Prepared by: Dan Olsen, Investigations Division Captain
Recommended by: Bryan Matthews, Chief of Police
Approved by:
____________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROPRIATE
MEASURE C FUNDS FOR A CONCEPTUAL FACILITY AND SITE DESIGN PLAN
FOR THE PROPOSED NEW PUBLIC SAFETY CENTER AT THE FORMER
CALIFORNIA AIR NATIONAL GU ARD SITE FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $500,000
WHEREAS, the existing Hayward Police station no longer meets the space operational, staffing and security requirements for HPD; and
WHEREAS, in 2020, the former California Air National Guard (CANG) site at West Winton Avenue and Tuskegee Airmen Drive was analyzed and preliminary reviews showed the site was sufficient to house the new Public Safety Center; and
WHEREAS, in 2014, voters in the City approved Measure C which authorized the City to increase the sales tax rate by one -half cent for, among other things, the restoration and maintenance of City services and facilities; and
WHEREAS, the City is evaluating the potential extension of Measure C beyond its current expiration of 2034; and
WHEREAS, it is the desire that foundational work begin immediately on the conceptual facility and site design phase of a new Public Safety Center.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to appropriate Measure C funds for a conceptual facility and site design plan for the proposed new Public Safety Center at the former CANG site for a total not-to-exceed amount of $500,000.
FURTUREMORE, BE IT RESOLVED, that the City Council of the City of Hayward hereby approves and authorizes the amendment of the FY 2025 Budget Resolution by increasing the appropriation of $500,000 from Measure C for the conceptual facility and site design plan for the proposed new Public Safety Center.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-372
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Article 13.01 Fire Education Incentive Program between the City of Hayward (“City”) and the Hayward International Association of Firefighters (“IAFF”), Local 1909 and Hayward Fire Officers Association (“HFOA”), to Clarify the Eligibility Requirements for All Eligible Members with Respect to the Fire Education Incentive Program
RECOMMENDATION
That the Council adopts the resolution (Attachment II) for the side letter of agreement amending the Local 1909 and HFOA MOUs, Article 13.01 Fire Education Incentive Program provision between the City and Unions, to clarify the eligibility requirements for all eligible members with respect to the Fire Education Incentive program.
SUMMARY
In February 2024, California Public Employees’ Retirement System (“CalPERS”) noticed an employee through a “compensation compliance review” that there appeared to be a misapplication of the educational incentive pay within the current MOU, to a retirement benefit. CalPERS has determined that the existing MOU Language conflicts with California Code of Regulations (“CCR”) Section 571(a); and therefore, does not allow for the education incentive currently received by employees to be counted as pensionable compensation. It was, and remains, the intent of the parties that the education incentive be counted as special compensation and available to all members of the bargaining unit who obtain the requisite education.
As a result, the City and the Unions have met and conferred on the matter and entered into this Side Letter of Agreement (Attachment III) to clarify MOU language with respect to the Fire Education Incentive program and ensure compliance with CCR and CalPERS guidelines.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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File #:CONS 24-372
Attachment II Resolution
Attachment III Side Letter of Agreement
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt a Resolution to Execute a Side Letter of Agreement (Attachment III) Amending the Memoranda of Understanding (“MOU”), Article 13.01 Fire Education Incentive Program between the City of Hayward (“City”) and the Hayward International Association of Firefighters (“IAFF”), Local 1909 and Hayward Fire Officers Association (“HFOA”), to Clarify the Eligibility Requirements for all Eligible Members with Respect to the Fire Education Incentive Program
RECOMMENDATION
That the Council adopts the resolution (Attachment II) for the side letter of agreement amending the Local 1909 and HFOA MOUs, Article 13.01 Fire Education Incentive Program provision between the City and Unions, to clarify the eligibility requirements for all eligible members with respect to the Fire Education Incentive program.
BACKGROUND AND SUMMARY
In February 2024, California Public Employees’ Retirement System (“CalPERS”) noticed an employee through a “compensation compliance review” that there appeared to be a misapplication of the educational incentive pay within the current MOU, to a retirement benefit. CalPERS has determined that the existing MOU Language conflicts with California Code of Regulations (“CCR”) Section 571(a); and therefore, does not allow for the education incentive currently received by employees to be counted as pensionable compensation. It was, and remains, the intent of the parties that the education incentive be counted as special compensation and available to all members of the bargaining unit who obtain the requisite education.
As a result, the City and the Unions have met and conferred on the matter and entered into this Side Letter of Agreement to clarify MOU language with respect to the Fire Education Incentive program and ensure compliance with CCR and CalPERS guidelines.
DISCUSSION
The City and the Unions have met and discussed in good faith and agree to amend Article
13.01 Fire Education Incentive Program for the duration of the term for the period of January 1, 2010, through December 31, 2023, and extends through the duration of the current MOU
period of January 1, 2024, through December 31, 2029.
Effective July 1, 2021, Article 13.01 Miscellaneous Allowances shall be amended to remove the requirement of five (5) years of service and extend the benefit to all classifications covered by the MOUs and who have met the education and training criteria set forth; thereby complying with the CCR and CalPERS guidelines. Moreover, the City and Unions mutually agree to this Side Letter of Agreement and that it will be incorporated by reference to the current MOUs and run with succeeding MOUs, unless incorporated into the body of future agreements.
This agreement shall be effective immediately upon City Council approval and shall remain in Effect until the expiration of the current MOUs contract dates (January 1, 2024, through December 31, 2029), between the parties.
FISCAL IMPACT
The estimated increase to the fiscal impact of the amendment will result in estimated additional General Fund expenditures of approximately $605,000 over the life of the agreement.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
NEXT STEPS
Human Resources staff will work with CalPERS to change the existing cost-sharing amounts in the CalPERS system.
Prepared by: Marisa Guerrero, Human Resources Manager
Recommended by: Brittney Frye, Director of Human Resources
Approved by:
___________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-______
Introduced by Council Member ________________
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF
UNDERSTANDING (“MOU”), ARTICLE 13.01 FIRE EDUCATION INCENTIVE PROGRAM BETWEEN THE CITY OF HAYWARD (“CITY”) AND THE HAYWARD INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (“IAFF”), LOCAL 1909 AND THE HAYWARD FIRE OFFICERS ASSOCIATION (“HFOA”), TO CLARIFY THE ELIGIBILITY REQUIREMENTS
FOR ALL ELIGIBLE MEMBERS WITH RESPECT TO THE FIRE EDUCATION INCENTIVE
PROGRAM
WHEREAS, the City will amend the current MOUs, Article 13.01 Fire Education Incentive Program between the City and the Unions, to clarify the eligibility requirements for all eligible members with respect to the Fire Education Incentive program; and
WHEREAS, the proposed MOU language change will correctly reflect the City and Unions’ intent for education incentive to be counted as special compensation and available to all members of the bargaining unit regardless of years of service who obtain the requisite education.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the correction to the MOUs, Article 13.01 Fire Education Incentive Program effective July 1, 2021, for the period of January 1, 2010, through December 31, 2023, and extends through the duration of the current MOU period of January 1, 2024, through December 31, 2029 and authorizes staff to execute said side letter agreement copy of which will be on file in the Office of the City Clerk.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
Attachment III
Attachment III
Attachment III
Attachment III
Attachment III
Attachment III
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 24-019
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Supportive Housing Programs: Work Session on Proposed Zoning Text Amendments to the Hayward Municipal Code Related to Supportive Housing Programs Associated with Implementation of the Hayward 2023-2031 Housing Element
RECOMMENDATION
That the City Council provide feedback on staff’s recommendations and analysis associated with the implementation of Hayward 2023-2031 Housing Element Actions related to the expansion and development of supportive housing throughout Hayward.
SUMMARY
On February 7, 2023, the City Council adopted the Hayward 2023-2031 Housing Element composed of goals, policies, programs, and actions to help Hayward meet its housing needs. This project aims to fulfill several Housing Element actions to remain in compliance with state housing law and expand supportive housing options for Hayward’s unhoused and other vulnerable populations. Staff has drafted a series of recommendations summarized below to satisfy the project goals. · General Clean-Up: Streamline and clean-up the housing type definitions and requirements to make them clear, concise, and consistent.
· Single Residence Occupancy (SROs): Define and expand where SROs are permitted and develop developmental and performance standards to minimize potential nuisances associated with the housing type.
· Safe Parking: Define and allow safe parking in partnership with non-profits and develop operational and performance standards to minimize potential nuisances. Safe parking is parking sites where people experiencing homelessness can legally park and stay in their cars overnight. · Group Homes: Expand allowances for Licensed group homes including the number of residences permitted by right.
· Shelters/Low Barrier Navigation Centers: Expand where shelters and low-barrier navigation centers are permitted in the City, in accordance with State Law; and, develop developmental and CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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File #:WS 24-019
performance standards to minimize potential nuisances associated with the housing type.
At this work session, staff is requesting specific feedback from the City Council on the following questions, which are discussed in greater detail in the Background and Staff Analysis Sections below:
· Does City Council support staff’s recommendations?
· Are there any operational and/or performance standards that should be included or excluded from the housing types listed above?
· Are there any other recommendations or regulations staff should consider while preparing the draft zoning amendments?
ATTACHMENTS
Attachment I Staff Report
Attachment II Allowable Housing Types by Zoning District CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
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DATE: June 25, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT: Work Session on Proposed Zoning Text Amendments to the Hayward Municipal Code Related to Supportive Housing Programs Associated with Implementation of the Hayward 2023-2031 Housing Element
RECOMMENDATION
That the City Council provide feedback on staff’s recommendations and analysis associated with the implementation of Hayward 2023-2031 Housing Element Actions related to the expansion and development of supportive housing throughout Hayward.
SUMMARY
On February 7, 2023, the City Council adopted the Hayward 2023-2031 Housing Element composed of goals, policies, programs, and actions to help Hayward meet its housing needs.
This project aims to fulfill several Housing Element actions to remain in compliance with state housing law and expand supportive housing options for Hayward’s unhoused and other vulnerable populations. Staff has drafted a series of recommendations summarized below to satisfy the project goals.
General Clean-Up: Streamline and clean-up the housing type definitions and requirements to make them clear, concise, and consistent. Single Residence Occupancy (SROs): Define and expand where SROs are permitted and develop developmental and performance standards to minimize potential nuisances associated with the housing type.
Safe Parking: Define and allow safe parking in partnership with non-profits and develop operational and performance standards to minimize potential nuisances. Safe parking is parking sites where people experiencing homelessness can legally park and stay in their cars overnight.
Group Homes: Expand allowances for Licensed group homes including the number of residences permitted by right.
Shelters/Low Barrier Navigation Centers: Expand where shelters and low-barrier navigation centers are permitted in the City, in accordance with State Law; and,
develop developmental and performance standards to minimize potential nuisances associated with the housing type.
At this work session, staff is requesting specific feedback from the City Council on the following questions, which are discussed in greater detail in the Background and Staff Analysis Sections below:
Does City Council support staff’s recommendations?
Are there any operational and/or performance standards that should be included or excluded from the housing types listed above?
Are there any other recommendations or regulations staff should consider while preparing the draft zoning amendments?
BACKGROUND
The State of California is in a housing and shelter crisis with more than 171,000 people experiencing homelessness daily. California is home to 12% of the nation’s population, 30% of the nation’s unhoused population, and half the nation’s unsheltered population. The California Statewide Study of People Experiencing Homelessness1, published by the University of California San Franscisco in June 2023, noted that California’s unhoused population is predominately minorities and individuals over 40 and that the median length of homelessness is 22 months. Based upon the 2024 Point-In-Time (PIT) Count2, there are approximately 512 people experiencing homelessness in Hayward, which is up 30% from 2022.
The City of Hayward has adopted several Plans and Resolutions aimed at addressing this crisis, including the Hayward 2023-2031 Housing Element3. The Housing Element was adopted by the City Council on February 7, 20234, and is composed of goals, policies, programs, and actions to help our community meet its housing needs. This project aims to fulfill the following actions to remain in compliance with state housing law and expand supportive housing options for Hayward’s unhoused population. Supportive housing is housing that is occupied by the target population, and that is linked to onsite or offsite services that assist the resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
Action 13.1: Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound services on site at churches, social services agencies/nonprofits that do this work in the community and on publicly owned land. The City will promote other types of alternative housing options including single room occupancy developments or conversions, group homes, and by-right
1 The California Statewide Study of People Experiencing Homelessness: https://homelessness.ucsf.edu/our-impact/studies/california- statewide-study-people-experiencing-homelessness
2 January 2024 Point-In-Time Count: https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/ 3 Hayward 2023-2031 Housing Element: https://www.hayward-ca.gov/your-government/documents/planning-documents 4 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016046&GUID=4F497BC8-5C65-474C- 8E6E-7447DA88EFEA&Options=&Search=
permanent supportive housing. The City has the goal of completing five tiny home developments, single-room occupancy developments, supportive housing developments, emergency shelters, transitional housing development and/or conversions in the planning period
Action 13.3: Assess and amend the HMC as needed to allow Supportive Housing as a “by-right” use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 656515.
Action 13.4: Evaluate the permit process for group homes of seven or more persons and amend the HMC to include a set of objective standards to provide certainty to applicants through the permitting process. Evaluate the potential of allowing the use through Administrative Use Permit process or as a by-right use subject to objective standards.
Action 13.5: Amend the HMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A)6.
Action 13.6: Amend the HMC to comply Government Code section 656627 which requires a Low Barrier Navigation center to be a use by-right in areas zoned for mixed- use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met.
Action 13.7: Amend the HMC to allow tiny homes and emergency shelters on church and publicly owned properties.
Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.
In addition to the Housing Element, the City Council adopted the Let’s House Hayward Strategic Plan on July 13, 20218. This plan identified goals and strategies to achieve Hayward’s vision of being a leader in ending homelessness through accessible, dignified treatment and services. Many of these goals and strategies served as the basis for actions within the Housing Element.
The City Council has also adopted the following five emergency Resolutions to support the operation and construction of supportive housing.
5 California Government Code Section 65651:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65651&lawCode=GOV 6 Government Code Section 65583, Subdivision (a)(4)(A):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583&lawCode=GOV 7 California Government Code Section 65662:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65662.&lawCode=GOV 8 July 13, 2021 City Council Public Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E- B317-E2797DF45328&Options=&Search=
Resolution 18-027: On October 2, 20189, the City Council adopted a Resolution declaring a shelter crisis in Hayward to be eligible for State of California Homeless Emergency Aid Program (HEAP) funds.
Resolution 19-04: On January 22, 201910, the City Council adopted a Resolution declaring a shelter crisis in Hayward and authorizing the City Manager to take emergency actions to implement a navigation center on city-owned property. Resolution 21-026: On February 23, 202111, the City Council adopted a Resolution declaring a shelter crisis in Hayward and authorizing the City Manager to take emergency actions to allow for the construction of a 30-bed transitional age youth shelter.
Resolution 23-028: On February 7, 202312, the City Council adopted a Resolution to temporarily suspend applicable local planning and zoning requirements for homeless shelters.
Resolution 24-025: On January 30, 202413, the City Council adopted a Resolution declaring a state of emergency on homelessness and temporarily suspend applicable local planning and zoning requirements to enable flexible responses to the homelessness crisis.
Many of these Resolutions include the temporary suspension of local planning and zoning regulations as they represent barriers to meaningfully and creatively serving our unhoused population. Currently, the Hayward Municipal Code (HMC) allows a variety of housing options in the residential, commercial, and mixed-use zoning districts. These options include single- family dwellings, multi-family dwellings, group homes, boarding homes, dormitories, convalescent homes, mobile homes, live-work units, homeless shelters, and single-room occupancies (SROs). Depending on the zoning district, these housing types may be either permitted by right, require approval of an Administrative Use Permit (AUP), require approval of a Conditional Use Permit (CUP) or are not allowed. A summary chart of all the applicable zoning district and their allowable housing types can be found in Attachment II.
Currently, the HMC only allows a few specific types of supportive housing uses (i.e. group homes, convalescent homes, SROs and homeless shelters) in select areas, and those uses are not clearly defined. Furthermore, the Code has no operational or performance standards (i.e. number of residents, security measures, on-site management, length of stay, etc. )for these uses. This project aims to amend our regulations to allow and promote the development of a wider variety of supportive housing in alignment with best practices in the field and the Housing Element actions above.
9 October 2, 2018 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648- 8632-2BFE62A97107&Options=&Search=
10 January 22, 2019 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=3838800&GUID=89EC3945-8050-428A- 881C-6180A91CBA9A&Options=&Search=
11 February 23, 2021 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=4803667&GUID=7C811874-F8C6-4590- 9385-736AD8D65638&Options=&Search=
12 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016044&GUID=969B2045-A073-4043- 90BB-1659E2882811&Options=&Search=
13 January 30, 2024 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6497824&GUID=27C372BA-05E2-4727- B184-0EB72948365B&Options=&Search=
PUBLIC CONTACT
The outreach for this project builds upon outreach and feedback efforts associated with the Hayward 2023-2031 Housing Element. A detailed description of those efforts can be found in the City Council adoption hearing staff report14.
In May 2024, staff held five stakeholder meetings to gather input from local service providers, affordable housing developers, educational facilities and faith-based organizations in order to understand best practices and recommendations in the field of supportive housing. A total of 74 organizations were invited to attend; and ten organizations participated in these meetings.
Further, staff from the City of Hayward Community Services, Housing, Maintenance Services, Fire, Police, Building, Water Pollution Source Control and Utilities departments also provided input at a series of internal meetings.
Key feedback from the external and internal meetings is summarized below:
The regulations should allow a wide range of types of supportive and transitional housing to serve a variety of different populations (i.e. families, seniors, people with severe mental illness, people who are experiencing short term homelessness due to economic hardship, people who are recovering from illness, addiction or disability, among others).
The greatest stated housing need based on feedback from the unhoused population are small independent living spaces with limited or no shared facilities. Congregate housing (i.e. group homes) is not ideal for all populations but serves as a good interim solution for many who cannot live independently provided that there is adequate personal/private space and management.
Licensed group homes have a rigorous and thorough permitting process with the California Department of Social Services. Any modification of regulations should consider expanding and avoid creating additional barriers for these facilities. Supportive housing should provide wrap-around services, 24-hour staff close by or on- site, laundry facilities, showers, cooking facilities, internet and locked storage. Supportive housing should be located close to public facilities, grocery stores, medical services, and transit.
Shelters and Low Barrier Navigation Centers should specifically be located near existing encampments.
The City should offering trainings for service providers about the development process.
DISCUSSION
Based upon the feedback received during the internal and external stakeholder meetings, staff developed the following recommendations for zoning amendments related to expanding supportive housing. The overall goal of these recommendations is to create a spectrum of
14 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016046&GUID=4F497BC8-5C65-474C- 8E6E-7447DA88EFEA&Options=&Search=
housing to serve different populations with different needs. The zoning amendments recommendations would include changes to the Zoning Ordinance15, Off-Street Parking Regulations16, Mission Boulevard Code17 and Downtown Development Code18.
General Clean-Up of Allowable Housing Uses and Definitions: Currently, the HMC is missing definitions for some housing types and has duplicative definitions for others. The following recommendations aim to clean-up the housing regulations to make them clear, concise, and consistent.
Add and clarify definitions for all the housing types. Combine all student housing types (i.e. Dormitory, Boarding Home, Fraternity/Sorority) into one land use category and potentially allow those uses in additional zoning districts near Cal State East Bay and Chabot College. Combine all live/work uses (i.e. live/work, artist’s loft) into one use and potentially allow in additional commercial districts.
Clarify that all permanent housing types can be senior housing and eliminate senior housing use from Downtown Development Code.
Clarify in the definitions that multi-family housing can be tiny homes in accordance with minimum square footages allowed per Building Code. Ensure all housing types are consistent with the housing types within the Off-Street Parking Regulations.
Amend the City’s existing Off-Street Parking Regulations to be compliant with state law, as needed.
Define and Allow Single Residence Occupancy (SROs): Stakeholder outreach found a great need for supportive housing with independent living spaces and limited or no shared facilities. SROs are small units, typically 150 to 400 square feet, for a single individual with independent and shared facilities. The following recommendations focus on allowing SROs with specific requirements and a Use Permit to minimize potential nuisances.
Allow SROs in some commercial and high-density residential zoning districts with approval of an Administrative Use Permit.
Draft development standards (i.e. unit size, common space, share versus independent facilities, locked storage) to ensure consistency for SROs. Require a management plan that addresses management and operation of the facility, rental procedures, safety and security of the residents and building maintenance to minimize potential nuisance.
15 HMC Section 10-1, Zoning Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR 16 HMC Section 10-2, Off-Street Parking Regulations:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART2OREPARE 17 HMC Section 10-24, Mission Boulevard Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART24MIBOCO 18 HMC Section 10-28, Downtown Development Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART28DECO
Allowing for Safe Parking: Safe parking provides parking sites where people experiencing homelessness can legally park and stay in their cars overnight. Currently, the HMC does not allow safe parking in any zoning districts, but the outreach efforts indicated a need for low- barrier independent housing options like safe parking. The following recommendations aim to allow safe parking in partnership with non-profit and community organizations, subject to operational and performance requirements.
Allow safe parking use on properties owned by non-profit organizations (i.e. faith- based organization, community-based organization) in certain zoning districts with approval of an Administrative Use Permit.
Require sites that host safe parking have permanent bathroom, kitchen and laundry facilities open to the safe park residents.
Draft performance standards for safe parking (i.e. hours, maintenance, require vehicles be operable).
Modifying and Expanding Regulations for Group Homes: Group homes are congregant living environments for individuals seeking permanent housing or in need of additional care and supervision. The HMC allows group homes in all residential zoning districts for six or fewer individuals in accordance with state law requirements, but updated regulations aim to expand allowance for licensed group homes while maintaining the six or fewer limit for unlicensed group homes. Licensed group homes are already subject to a lengthy and rigorous permitting process through the State, negating the need for a Use Permit in certain cases.
Clearly define Licensed and Unlicensed group homes.
Increase the number of residents permitted by right for licensed group homes. Allow additional residents for unlicensed group homes based on bedroom count and with an Administrative Use Permit rather than a Conditional Use Permit.
Modifying and Expanding Regulations for Shelters/Low Barrier Navigation Centers: The HMC only allows shelters and navigation centers within the industrially zoned districts on city- owned land, in certain zoning districts along Mission Boulevard, and in the General Commercial zoning district with a Conditional Use Permit. The following recommendations aim to expand where shelters are allowed subject to specific development and performance standards to more effectively serve our unhoused population. This approach is consistent with State Law requirements to remove barriers for emergency shelters in as many zoning districts as possible.
Allow shelters and low barrier navigation centers in additional commercial and mixed- use districts near existing encampments.
Draft development and performance standards for shelters and low barrier navigation centers (i.e. number of beds, parking, waiting/intake areas, onsite management, proximity to other shelters, length of stay, lighting, security measures, locked storage).
As noted earlier in this report, staff is requesting specific feedback from the City Council on the following questions related to the recommendations above:
Does City Council support staff’s recommendations?
Are there any operational and/or performance standards that should be included or excluded from the housing types listed above?
Are there any other recommendations or regulations staff should consider while preparing the draft zoning amendments?
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Preserve, Protect and Produce Housing for All. Specifically, this item relates to the implementation of the following projects:
Project H4: Continue to explore safe parking options along with encampment management
Project H10: Amend the Municipal Code to address Housing Element Actions related to housing for a variety of income levels and housing types
ECONOMIC IMPACT
This project aims to promote the development of supportive and transitional housing for individuals and families experiencing homelessness. This project will have a positive economic impact by helping lower the unsheltered population and reducing the economic strain on emergency and maintenance services.
FISCAL IMPACT
This project was anticipated in the Planning Division and Community Services Division work plans therefore, there will be no additional unanticipated impact to the City’s General Fund.
NEXT STEPS
Following the City Council work session, staff will be taking this item to the Planning Commission for feedback at a work session on June 27, 2024. Using the feedback received from decision makers and the community at all the project public meetings and outreach events to date, staff will draft zoning amendments will be brought forth in late Summer or early Fall 2024 with the goal of adopting final standards in December in accordance with the timeframes set forth in the certified Housing Element.
Prepared by: Taylor Richard, Associate Planner
Recommended by: Sara Buizer, AICP, Development Services Director
Approved by:
_________________________________
Dustin Claussen, Acting City Manager
ATTACHMENT II
Allowable Housing Types by Zoning District
Legend: P- Permitted by Right A- Administrative Use Permit C-Conditional Use Permit Blank- Not Permitted Housing
Type
RNP
RL
RM
RH
RO
MH
SMU
CN
CN-R
CG
CO
CL
CB
CC-C
CC-R
CC-P
MB-CN
MB-NN
MB-CC
NE
NG
UN
DT-MS
UC
IL
IP
IG
AT-RM
A
Single-Family P P P P P P P P P P P P P P P P P P Multi-Family
P P P P P A P C C P P P P P P P P P P P
Mixed-Use
Building
P P P P P P P P P P P P P P
Small Group
Home
P P P P P P P P P P P P P P
Large Group
Home
C C C C C C C C A A C P C
Boarding
Home
C C P A P/
A
Dormitory
C C C
Convalescent
Home
A A A A A A A A A A
Mobile Home
P
Fraternity/
Sorority
C
Artist’s Loft
P P
Caretaker’s
Quarter
A A A
Homeless
Shelter
C P** P** p* p* p*
Live/Work
P P P P P P
Single Room
Occupancy
P
Senior
Housing
P P P A A
* Only permitted on City owned property
** Only on parcels abutting Mission Boulevard
ATTACHMENT II
Housing Type Definitions
Housing Type Definition
Dwelling Unit/Residential Unit One or more rooms with a single kitchen, arranged, designed, used, or intended to be used exclusively for living and sleeping purposes by one family as an independent housekeeping unit.
Detached Residential Units A detached building containing only one dwelling unit Duplex A residential building with two attached dwelling units Triplex A residential building with three attached dwelling units Multifamily Residential (4+) A residential building with four or more attached dwelling units Group Home The use of any single-family residence or other dwelling unit for a group residence where residents pay a fee or other consideration to the Group Home operator in return for residential accommodations. A Group Home includes a boarding home, a rooming house, as well as a group residence for the elderly, or mentally or physically disabled or handicapped persons, or other persons in need of care and supervision. Each dwelling unit so used shall be considered a single Group Home. The term Group Home includes both licensed and unlicensed Group Homes.
Boarding Home A building where lodging or meals are provided for compensation for residents not functioning as a common household, usually for compensation.
Dormitory A residence hall providing sleeping rooms, bathrooms, study and recreation rooms and a common kitchen for students.
Convalescent Home An establishment in which nursing, dietary and other personal services are furnished twenty-four (24) hours a day to convalescents, invalids, or the aged who are unable to or no longer want to care for themselves in a more traditional setting. Also referred to as nursing homes or intermediate care facilities. Does not include institutions which care for persons suffering from a mental disorder or communicable disease, or which offers surgery, maternity or other primary treatments.
Mobile Homes A factory built or manufactured home including mobile homes, as permitted by State of California and Federal laws. A manufactured home is synonymous with the definition of a "single family dwelling." Subject to the National Manufactured Housing Construction and Safety Act of 1974.
Fraternity/Sorority No Definition in Code
ATTACHMENT II
Artist's Loft A live and work situation where a resident artisan lives, and displays and sells their work on a non-first floor level.
Caretakers Quarters A dwelling unit located on an industrial or commercial property to be used exclusively as living quarters for the caretaker(s) of the subject property.
Homeless Shelter An institution that provides shelter for individuals and families with no limitation on the length of stay. Such use may also provide meals and supportive social services. May also include Housing Navigation Centers and Emergency Shelters (per Health and Safety Code 50801).
Live/Work No Definition in Code
Single-Room Occupancy No Definition in Code
Senior Housing No Definition in Code
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 24-031
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
LLAD 96-1 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Reconfirm Maximum Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18, for Fiscal Year 2025
RECOMMENDATION
That the City Council adopts two resolutions (Attachment II and III):
1. Approving the Final Engineer’s Report (Attachment IV),
2. Confirming the Maximum Base Assessment (MBA) amounts,
3. Confirming the Fiscal Assessments,
4. Confirming the Assessment Diagrams,
5. Ordering the Levy and Collection of Fiscal Assessments,
6. Approving the Funding Recommendations, and
7. Appropriating Revenue and Expenditure budgets for Consolidated Landscape and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18 for Fiscal Year 2025.
SUMMARY
The Landscaping and Lighting Act of 1972 requires an annual review and update of the engineer’s report to set the annual assessment rate for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and future capital repair and replacement requirements. Recommended annual assessment rates cannot exceed the Maximum Base Assessment (MBA) established when each zone was originally formed. The annual engineer’s report (Attachment IV) includes a detailed summary and budget for each of the eighteen benefit zones.
ATTACHMENTS
CITY OF HAYWARD Printed on 6/21/2024Page 1 of 2
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File #:PH 24-031
Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution
Attachment IV Final Engineer Report
Attachment V Assessment Roll
CITY OF HAYWARD Printed on 6/21/2024Page 2 of 2
powered by Legistar™
DATE: June 25, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: LLAD 96-1 Assessment Hearing: Adopt a Resolution to Approve the Final Engineer's Report, Reconfirm Maximum Base Assessment Amounts, Confirm the Assessment Diagrams and Fiscal Assessments, Order the Levy and Collection of Fiscal Assessments; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Special Revenue Funds for Consolidated Landscaping and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18, for Fiscal Year 2025
RECOMMENDATION
That the City Council adopts two resolutions (Attachment II and III):
1. Approving the Final Engineer’s Report (Attachment IV),
2. Confirming the Maximum Base Assessment (MBA) amounts,
3. Confirming the Fiscal Assessments,
4. Confirming the Assessment Diagrams,
5. Ordering the Levy and Collection of Fiscal Assessments,
6. Approving the Funding Recommendations, and
7. Appropriating Revenue and Expenditure budgets for Consolidated Landscape and Lighting Assessment District (LLAD) No. 96-1, Zones 1 through 18 for Fiscal Year 2025.
SUMMARY
The Landscaping and Lighting Act of 1972 requires an annual review and update of the engineer’s report to set the annual assessment rate for each benefit zone. Assessment rate recommendations are made based on annual expenses, required cash flow, and future capital repair and replacement requirements. Recommended annual assessment rates cannot exceed the Maximum Base Assessment (MBA) established when each zone was originally formed. The annual engineer’s report (Attachment IV) includes a detailed summary and budget for each of the eighteen benefit zones.
BACKGROUND
The Landscaping and Lighting Act of 1972 (Streets and Highways Code §22500) is a flexible tool used by local government agencies to form Landscaping and Lighting Assessment Districts (LLAD). These districts are formed to finance the cost of operating, maintaining, and servicing landscaping (including parks), and lighting improvements in public areas. In 1996, six separate LLAD benefit zones (1-6) were consolidated into one district by the adoption of Resolution No. 96-63. The new district was subsequently renamed, Consolidated Landscaping and Lighting Assessment District No. 96-1, and is known as the “District.” In subsequent years, zones 7-18 were individually created and annexed into the District.
This staff report and the attached engineer’s report provide assessment, benefit, and budget details for each of the established eighteen zones. The eighteen benefit zones are located throughout the City as shown on the following map.
The following table (Table 1) provides a summary of the LLAD benefit zones, including the year in which each zone was formed and the number of assessable parcels within each zone.
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 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.
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 calculation included, lists 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 (5, 6, 14, 15 and 18) thirteen increases (1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 16, and 17), based on annual expenses, required cash flow, and future capital repair and replacement.
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 1,454.34 417.78 394.13 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
Proposition 218 Compliance
For FY 2025, all fiscal 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 fiscal assessment amounts that exceed the MBA would require the noticing and balloting of property owners.
FISCAL AND ECONOMIC IMPACT
There is no impact to the General Fund (100) as monies related to these LLADs are preserved in dedicated special revenue funds. LLAD assessment revenue is collected, and expenditures are paid directly from their dedicated special revenue funds. All zones have adequate cash balances for annual expenses, cash flow, and capital replacement, as shown in Table 3.
STRATEGIC ROADMAP
This agenda item is not directly related to the Council’s Strategic Roadmap.
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:
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 15, 2024.
NEXT STEPS
Following If the City Council adopts the two attached resolutions (Attachment II and III), the Final Engineer’s Report (Attachment IV) will be approved, the revenue and expenditure budgets will be appropriated, and the final Assessor’s tax roll will be prepared and filed with the County Auditor’s Office allowing the assessments to be included in the FY 2025 tax roll. The draft assessment rolls are included (Attachment V) but are under review and will be updated in July to allow up-to-date information to be included for developing zones (11, 18). Once updated in July, a copy will be provided to the City Clerk and County Assessor.
Prepared by: Manny Grewal, Management Analyst
Recommended by: Todd Rullman, Director of Maintenance
Services
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member
RESOLUTION APPROVING THE FINAL ENGINEER’S REPORT,
RECONFIRMING MAXIMUM BASE ASSESSMENTS, CONFIRMING THE
ASSESSMENT DIAGRAMS AND FISCAL ASSESSMENTS, AND ORDERING LEVY AND COLLECTION OF FISCAL ASSESSMENTS FOR FISCAL YEAR 202 5 FOR THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 96-1, ZONES 1-18
WHEREAS, by adopting Resolution No. 2 4-105 on June 4, 202 4, the City Council reviewed the preliminary Engineer’s Report and declared its intention to levy assessments for Fiscal Year (FY) 2025 in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and
WHEREAS, the Preliminary Engineer’s Report was duly considered by the City Council and found to be sufficient in every particular; and
WHEREAS, a date of June 25, 2024, at the hour of 7:00 p.m. was appointed as the date and time for a public hearing before the City C ouncil on the question of the levy of the proposed assessments, a notice of which proceedings was duly published; and
WHEREAS, a public notice of the proposed assessment and of the City Council public hearing was published once in East Bay Times newspaper (June 14, 2024) and a postcard mailed (May 17, 2024) to each property owner of record for each parcel in LLAD 96-1, zones 1-18; and
WHEREAS, at the appointed date and time, said hearing was duly and regularly held, and all interested persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said levy were fully heard and considered by the City Council; and
WHEREAS, the City Council thereby confirms the maximum base assessments, assessment diagrams, and f iscal assessments for LLAD No. 96 -1, zones 1 -18, prepared by and made a part of the Final Engineer’s Report to pay the costs and expenses thereof, and acquired the ability to order said levies for LLAD 96-1, zones 1-18.
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, as follows:
1. SCI The public interest, convenience, and necessity require that the levies be assessed for LLAD No. 96-1, zones 1-18.
2. The properties benefitted by the improvements are to be assessed in order to reimburse the costs and expenses thereof, and the exterior boundaries thereof, are shown on the LLAD No. 96 -1 assessment diagrams for zones 1 - 18, included in the Final Engineer's Report.
3. Said Final Engineer's Report, as a whole and each part thereof, is here by approved, confirmed, and incorporated herein, including, but not limited, to the following:
(a) The Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith; and
(b) The diagram showing the zones of the assessment district, plans and specifications for the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within the District; and
(c) The assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the lots or parcels in said zone of the district be made in proportion to the estimated benefits to be received by such lot or parcel, respectively, from said maintenance and of the expenses incidental thereto, is approved and confirmed and incorporated herein.
4. Based on the oral and documentary evidence offered and received, including the Final Engineer's Report, the City Council expressly finds and determines:
(a) That each of the parcels in the district will be specially benefitted by the improvements at least in the amount, if not more than the amount, of the assessment apportioned against the parcel; and
(b) That there is substantial evidence to support this finding and determination as to special benefit; and
(c) Any public property owned by any public agency and in use in th e performance of a public function within the district shall not be assessed.
ATTACHMENT II
5. The public interest, convenience, and necessity require that a levy on each lot of parcels in LLAD No. 96 -1, zones 1 -18, be no more than the annually calculated Maximum Base Assessments (MBA) rates. FY 2025, MBA rates are summarized below:
Fund Zone FY 2025 MBA
Fund 266 LLAD Zone 1 $295.83
Fund 267 LLAD Zone 2 $193.39
Fund 268 LLAD Zone 3 $1,144.88
Fund 269 LLAD Zone 4 $180.00
Fund 272 LLAD Zone 5 $258.67
Fund 273 LLAD Zone 6 $2.61
Fund 274 LLAD Zone 7 $1,197.48
Fund 275 LLAD Zone 8 $856.44
Fund 276 LLAD Zone 9 $228.66
Fund 277 LLAD Zone 10 $1,363.60
Fund 279 LLAD Zone 11 $1,934.08
Fund 278 LLAD Zone 12 $256.28 (Eden Shores East)
Fund 278 LLAD Zone 12 $246.98 (Spindrift)
Fund 281 LLAD Zone 13 $1,454.34
Fund 282 LLAD Zone 14 $747.04
Fund 283 LLAD Zone 15 $724.44
Fund 284 LLAD Zone 16 $516.66 (Zone A)
Fund 284 LLAD Zone 16 $542.48 (Zone B)
Fund 290 LLAD Zone 17 $608.86
Fund 291 LLAD Zone 18 $464.38 (Zone A)
Fund 291 LLAD Zone 18 $441.16 (Zone B)
6. The increases in the MBA rates for benefit zones 3 and 7 thru 18 include an annual inflation factor in their calculation and are in compliance with the provisions of Proposition 218 because the assessments do not exceed the established assessment formula when these benefit zones were formed or amended.
7. The fiscal assessments to pay the costs and expenses of the maintenance of said improvements in LLAD No. 96-1, zones 1-18 for FY 2025 are hereby levied. The following fiscal assessment amounts are hereby ordered to be collected for FY 2025:
Fund Zone FY 2025 Assessments
Fund 266 LLAD Zone 1 $235.94
Fund 267 LLAD Zone 2 $135.45
Fund 268 LLAD Zone 3 $1,069.29
Fund 269 LLAD Zone 4 $126.93
Fund 272 LLAD Zone 5 $258.67
Fund 273 LLAD Zone 6 $2.61
Fund 274 LLAD Zone 7 $664.83
Fund 275 LLAD Zone 8 $205.68
ATTACHMENT II
Fund 276 LLAD Zone 9 $38.41
Fund 277 LLAD Zone 10 $344.49
Fund 279 LLAD Zone 11 $408.18 (Developed)
Fund 279 LLAD Zone 11 $216.34 (Undeveloped)
Fund 278 LLAD Zone 12 $104.16 (Eden Shores East)
Fund 278 LLAD Zone 12 $104.16 (Spindrift - Developed)
Fund 281 LLAD Zone 13 $417.78
Fund 282 LLAD Zone 14 $683.65
Fund 283 LLAD Zone 15 $0.00
Fund 284 LLAD Zone 16 $516.66 (Zone A)
Fund 284 LLAD Zone 16 $542.48 (Zone B)
Fund 290 LLAD Zone 17 $582.88
Fund 291 LLAD Zone 18 $300.00(Zone A - Developed)
Fund 291 LLAD Zone 18 $90.00 (Zone A - Undeveloped)
Fund 291 LLAD Zone 18 $285.00 (Zone B - Developed)
Fund 291 LLAD Zone 18 $85.50 (Zone B - Undeveloped)
8. The proposed assessments for Zones 5, 6, 14, 15 and 18 are unchanged from the previous year’s assessments.
9. 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.
10. The proposed assessment for Zones 15 is zero and is the same as previous year’s assessment. The assessment for this zone is not charged, in so long as the property owner submits an annual maintenance plan and maintenance is performed as described in the plan.
11. The increases in fiscal collection amounts in benefit zones (1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13, 16, and 17) from the previous fiscal year are in compliance with the provisions of Proposition 218 because the assessments do not exceed the established assessment formula when these benefit zones were formed or amended.
12. Adoption of the Final Engineer's Report as a whole, estimate of the costs and expenses, the diagram and the assessments, as contained in said report, as hereinabove determined and ordered, is intended to and shall refer and apply to said report, or any portion thereof, as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by the City Council.
13. The City of Hayward Director of Finance is hereby directed to expend said money for the maintenance of the improvements set forth in this resolution and described in the Final Engineer’s Report, and it is hereby determined to order the collection of the fiscal assessments stated in item No. 7 above.
ATTACHMENT II
14. The Immediately upon the adoption of this resolution, but in no event later than the third Monday in August following such adoption, SCI Consulting Group shall file a certified copy of this resolution, the diagram, and the assessment with the Auditor of the County of Alameda. Upon such filing, the County Auditor shall enter on the county assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. After collection by the County of Alameda, the net amount of the assessments, after deduction of any compensation due the county of collection, shall be paid to the Director of Finance of the City of Hayward.
15. Upon receipt of monies representing assessments collected by the County, the Director of Finance of the City of Hayward shall deposit the monies in the City Treasury to the credit of the individual zone improvement funds. Monies in said improvement fund shall be expended only for said maintenance of the improvements set forth in the Final Engineer’s Report, referenced in this resolution.
IN COUNCIL, HAYWARD, CALIFORNIA June 25, 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
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member
RESOLUTION APPROVING FUNDING RECOMMENDATIONS AND
APPROPRIATING SPECIAL REVENUE FUNDS FOR CONSOLIDATED
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 96 -1, ZONES 1 THROUGH 18 FOR FISCAL YEAR 2025
BE IT RESOLVED, that the City Council of the City of Hayward hereby approves and adopts the Consolidated Landscaping and Lighting Assessment District No. 96 -1, Zones 1 through 18 expenditure funding recommendations for FY 2025 in the attached Exhibit A, in a total amount not to exceed $2,721,132 which is incorporated by reference herein.
BE IT FURTHER RESOLVED, that except as may be otherwise provided, any and all expenditures relating to the objectives described in the Consolidated Landscaping and Lighting Assessment District No. 96 -1, Zones 1 through 18 budgets are hereby approved and authorized and payments therefore may be made by the Director of Finance of the City of Hayward without further action of Council.
IN COUNCIL, HAYWARD, CALIFORNIA June 25, 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
ATTACHMENT III
Exhibit A
FY 2025 Fund Expenditure Appropriations - LLAD Special Revenue Funds
Fund Zone Description Budget
266 LLAD Zone 1 Huntwood Ave. and Panjon St. 11,619
267 LLAD Zone 2 Harder Rd. and Mocine Ave. 16,818
268 LLAD Zone 3 Prominence 275,388
269 LLAD Zone 4 Stratford Village 35,542
272 LLAD Zone 5 Soto Rd. and Plum Tree St. 11,481
273 LLAD Zone 6 Pepper Tree Park 11,822
274 LLAD Zone 7 Twin Bridges 633,164
275 LLAD Zone 8 Capitola St. 10,188
276 LLAD Zone 9 Orchard Ave. 4,111
277 LLAD Zone 10 Eden Shores 684,315
279 LLAD Zone 11 Stonebrae 281,120
278 LLAD Zone 12 Eden Shores East (Spindrift) 27,374
281 LLAD Zone 13 Cannery Place 303,317
282 LLAD Zone 14 La Vista 140,605
284 LLAD Zone 16 Blackstone 87,776
290 LLAD Zone 17 Parkside Heights 52,744
291 LLAD Zone 18 SoHay 133,747
2,721,132 Special Revenue Fund Total
Page i
Fiscal Year 2025 ENGINEER’S REPORT
City of Hayward
Landscaping and Lighting Assessment District 96-1
June 2025
Final Report
ATTACHMENT IV
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
Page i
City of Hayward
City C ouncil
Mark Salinas, Mayor
Francisco Zermeño, Mayor Pro Tempore
Angela Andrews, Council Member
Ray Bonilla Jr., Council Member
Dan Goldstein, Council Member
Julie 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
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.
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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
A B C D E
Zone Name/Location Year Formed Type of
Development
Number of Assessed
Parcels/SFE
1 Huntwood Ave. and Panjon St. 1990 Residential 30
2 Harder Rd. and Mocine Ave. 1991 Residential 85
3 Prominence 1992 Residential 155
4 Stratford Village 1995 Residential 174
5 Soto Rd. and Plum Tree St. 1995 Residential 38
6 Pepper Tree Park 1982 Industrial 11
7 Twin Bridges 1998 Residential 348
8 Capitola St. 1999 Residential 24
9 Orchard Ave. 2000 Residential 74
10 Eden Shores 2003 Residential 534
11 Stonebrae 2006, 2018, 2020 Residential 644
12 Eden Shores East (Spindrift) 2007, 2016 Residential 379 13 Cannery Place 2008 Residential 599
14 La Vista 2016 Residential 179
15 Cadence 2017 Residential 206
16 Blackstone 2016 Residential 157
17 Parkside Heights 2019 Residential 97
18 SoHay 2019 Residential 433
4,167
Self-Maintained.
TABLE 1: DESCRIPTION OF BENEFIT ZONES
Total Assessed Parcels:
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
The following table summarizes the FY 2025 assessment rates per benefit zone.
Table 2 - Assessment Amounts By Benefit Zone
A B C D E F G H I J
Zone Name/Location # Parcels CPI Adj
FY 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 1,454.34 417.78 394.13 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
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
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.
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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
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
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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.
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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.
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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.
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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.
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
• 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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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).
City of Hayward
LLAD No. 96-1
Engineer’s Report, FY 2025
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
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
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
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
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
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
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
LLAD No. 96-1
Engineer’s Report, FY 2025
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
LLAD No. 96-1
Engineer’s Report, FY 2025
• 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
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 phases 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
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
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
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
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 tables, basketball courts, barbeque areas, soccer fields, etc. HARD is responsible for capital replacement of the park’s capital items.
Assessment Rate (annual charge per parcel) and Income
• The annual assessment rate is recommended to be increased based on the City’s analysis of the financial stability of the zone.
• The per parcel charge for Developed parcels will increase from the previous year from $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
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
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
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
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