Agenda Packet — Hayward City Council, August 20, 2024 (part 1 of 3)

Tuesday, August 20, 2024
7:00 PM

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda

August 20, 2024City Council Agenda

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

PUBLIC PARTICIPATION
How to observe the Meeting:

1. Comcast TV Channel 15

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

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

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

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

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

Participate in the Council Chambers or click link below to join the meeting:
https://hayward.zoom.us/j/89289784261?pwd=IXJqunaGovbFJWZ1PHizLbAbuNocdj.1 Meeting ID: 892 8978 4261
Password: 8/20CC@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 892 8978 4261
Password: 5496321156

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August 20, 2024City Council Agenda

CITY COUNCIL MEETING
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Andrews
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

CLOSED SESSION ANNOUNCEMENT
July 19, 2024
August 13, 2024
August 20, 2024

PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.

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

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

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August 20, 2024City Council Agenda

CONSENT
Approve the Minutes of the Special City Council Meeting on June 18, 2024
MIN 24-0881.

Attachments: Attachment I Draft Minutes of 6/18/2024
Approve the Minutes of the City Council Meeting on June 25, 2024
MIN 24-0892.

Attachments: Attachment I Drat Minutes of 6/25/2024
Adopt a Resolution Authorizing the City Manager to Revise the Communications Operator Lateral & Entry Level Hiring Bonus Program to Include Dispatch Call Taker Positions
CONS 24-3353.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the New Update to the
Guidelines for Installation of Speed Humps
CONS 24-3774.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Guidelines for Installation of Speed Humps Adopt a Resolution Converting the Homelessness Housing Task Force to the Housing Policy and Resource Committee
CONS 24-3805.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the
Hayward Area Recreation and Park District for the Twin
Bridges Park Basketball Court Renovation and Reimbursement in a Not-to-Exceed Amount of $90,000
CONS 24-3826.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Memorandum of Understanding

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August 20, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with JMB Construction Increasing the Amount by $20,000 for a Not-to-Exceed Total Amount of $830,000 for the Trash Capture Device Installation on Tennyson Road Project No. 07746
CONS 24-3837.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolutions 1) Authorizing the City Manager to Execute Change Order No. 42 with S.J. Amoroso for the Global
Settlement in a Not-to-Exceed Amount of $2,425,000 to
Address Contractor’s and its Subcontractors’ Any and All Outstanding Change Orders and Any and All Outstanding and Future Claims and 2) Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,218,360 for the Final Project Cost for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482
CONS 24-3848.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution - Transfer and Appropriation
Adopt a Resolution Authorizing the Interim City Manager to Appropriate and Transfer $40,000 in Abandoned Vehicle
Abatement Revenue from the General Fund to the Fleet Capital Fund for the Outfitting of Two Ford Explorers Used for the Abandoned Vehicle Abatement Program
CONS 24-3859.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Agreements with Subgrantee Partners for the Safe Routes and Active Transportation for Schools and Underserved
Communities in Hayward Project Nos. 06937 and 06941
CONS 24-38710.

Attachments: Attachment I Staff Report
Attachment II Resolution

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August 20, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Amend Professional Services Agreements with CSG Consultants, EKI Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates for On-Call Engineering Support Services, Extending each Agreement by a Duration of 18
Months to June 30, 2026
CONS 24-39111.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Award and Appropriate up to $892,826 in Community Development Block Grant Funds for the City’s Approved Annual Action Plans and to Execute Agreements to Initiate the Weekes Branch Library Improvement Project
CONS 24-39512.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Memorandum of
Understanding between the City of Hayward and the Hayward Association of Management Employees and Authorizing Staff to Execute the Agreement
CONS 24-39813.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Memorandum of
Understanding between the City of Hayward and the
International Federation of Professional and Technical
Engineers - Local 21 and Authorizing Staff to Execute the Agreement
CONS 24-39914.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving the Memorandum of
Understanding between the City of Hayward and the Service Employees International Union (SEIU), Local 1021,
Maintenance and Operations Unit, and Authorizing Staff to Execute the Agreement
CONS 24-40015.

Attachments: Attachment I Staff Report
Attachment II Resolution

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August 20, 2024City Council Agenda
Adopt A Resolution Awarding the Construction Contract to GameTime (MRC) for the Playground Equipment Design and
Installation at Various Landscape and Lighting Assessment District Parks in a Not-to-Exceed Amount of $745,000
CONS 24-41316.

Attachments: Attachment I - Staff Report
Attachment II - Resolution

WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.

Presentation of City of Hayward User Fee Study (Report from Finance Director Gonzales)
WS 24-02317.

Attachments: Attachment I Staff Report
Attachment II User Fee Study
Special Events: Provide Feedback on Updates to Special Event Permitting and Grant Processes and Priorities for Marquee Events (Report from Assistant City Manager Youngblood)
WS 24-02418.

Attachments: Attachment I Staff Report
Attachment II 2024 Funded Special Events
Attachment III Special Event Requirements
Attachment IV Special Event Permit Intake Form
Attachment V Special Event Grant Application
Attachment VI City Rental Facilities and Prices

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

Informational Report: FY24 Q3 and Q4 Semiannual Capital Improvement Program Progress Report
RPT 24-05819.

Attachments: Attachment I Staff Report
Attachment II FY24 CIP Progress Report
Attachment III FY24 CIP Completed Projects Report

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August 20, 2024City Council Agenda

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).

COUNCIL REFERRALS
Council Members may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council. The intent of this Council Referrals section of the agenda is to provide an orderly means through which an individual Council Member can raise an issue for discussion and possible direction by the Council to the appropriate Council Appointed Officers for action by the applicable City staff.

ADJOURNMENT
NEXT SPECIAL MEETING, August 27, 2024, 7:00 PM

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

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

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August 20, 2024City Council Agenda

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

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

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CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-088
DATE: August 20, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on June 18, 2024

RECOMMENDATION
That the Council approves the special City Council meeting minutes of June 18, 2024.

SUMMARY
The City Council held a special meeting on June 18, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 6/18/2024
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 1
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The Hayward Geologic Hazard Abatement District (GHAD) Board/City Council meeting was called to order by Mayor/GHAD Chair Salinas at 7:00 p.m. The City Council/GHAD Board held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council/ GHAD Member Zermeno

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

Absent: None
The Hayward Geologic Hazard Abatement District Board held its meeting and adjourned it at 7:15 p.m. and reconvened into the City Council meeting.

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on June 18, 2024, at 5:30 p.m., with all members present, and no public speakers, regarding three items: 1) conference with labor negotiators pursuant to Government Code section 54957.6 regarding negotiations with all labor groups; 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Roe v. Montenegro, et al., Alameda County Superior Court, No. 22 CV010050; and 3) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Benson v.

City of Hayward, et al., U.S. District Court, Northern District of California, No. 3:23-CV-01500- AGT. City Attorney Lawson reported that the Council met regarding all three items. Regarding Item 1 and Item 2, City Attorney Lawson indicated that the Council took no reportable action.

Regarding Item 3, City Attorney Lawson indicated that the Council was advised that plaintiffs agreed to drop their lawsuit and dismiss it with prejudice. The City paid no money in exchange for dismissal of the lawsuit. No Council action was required or taken. The closed session adjourned at 6:10 p.m.

PRESENTATIONS
Mayor Salinas read a proclamation declaring June 1 9, 2024, as Juneteenth National Independence Day in the City of Hayward. Ronnie Stewart accepted the proclamation on behalf of the West Coast Blues Society; Rahima Walker and Philip Walker accepted the proclamation on behalf of the National Association for the Advancement of Colored People (NAACP); and Library Director Addleman accepted the proclamation on behalf of the City of Hayward.

Mayor Salinas read a commendation for the Words for Lunch Program, as well as organizations that have partnered to make it such an impactful and successful program. Library Deputy Director Vien thanked the City for the special recognition and introduced the following community partners to speak about the program and receive a certificate: Edgar Chavez, 2 | J u n e 1 8 , 202 4
Executive Director or Hayward Promise Neighborhood; Hector Garcia, Hayward Unified School District (HUSD) Director of Curriculum, Instruction & Assessment; Dr. Jason Reimann, HUSD Superintendent; Renne Herzeld, Executive Director of 4 Cs of Alameda County; Edgar Esquivez, President of Board of Directors of The Kids’ Breakfast Club; Jayanti Addleman, Library Director; and Cathy Gibson, volunteer.

PUBLIC COMMENTS

There being no public comment, Mayor Salinas opened and closed public comment at 7:51 p.m.

CITY MANAGER’S COMMENTS
Interim City Manager Claussen provided an update on the July Fourth Fireworks Enforcement Plan , which included: a public awareness campaign ; collaboration with the Rental Housing Authority, HARD and H USD on social media messaging ; street and traffic signs; courtesy notices to approximately 68,000 property owners, residents, and tenants in areas prone to illegal fireworks activity ; enforcement efforts on July 4 th; and citation fees starting at $1,500 for the first citation, $3,000 for the second, and $5,000 for the third.

HAYWARD YOUTH COMMISSION

1. Hayward Youth Commission: Adopt a Resolution Confirming the Appointment and Reappointment of Hayward Youth Commission Members APPT 24-001

Staff report submitted by City Clerk Lens, dated June 18, 2024, was filed.

City Clerk provided a synopsis of the staff report.

There being no public comment, Mayor Salinas opened and closed public comment at 7:58 p.m.

Council members expressed admiration for the Hayward Y outh Commission's dedication, professionalism, and desire to contribute to the community at a young age; acknowledged the difficulty of selecting commissioners from a pool of impressive candidates and emphasized the importance of diversity and representation from various schools ; and praised applicants' willingness to tackle significant issues such as mental health and substance abuse and encouraged them to take ownership of their roles.

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

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

NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24-116, “Resolution Confirming the Appointment and Reappointment of Members of the Hayward Youth Commission”

City Clerk Lens administered the oath of affirmation to continuing and newly appointed members of the Hayward Youth Commission.

The Council took a recess at 8:11 p.m. and Mayor Salinas reconvened the meeting at 8:14 p.m.

CONSENT

Consent Items 4, 8, 16, and 20 were removed from the Consent Calendar for discussion and a separate vote. Item 12 was pulled from the Consent Calendar for a comment.

In regard to Items #4, 8, 16, and 20, Council Member Goldstein inquired about the intervention process for delinquent charges related to community preservation, rental program arrears, relocation assistance repayments, and delinquent utility and garbage assessments, highlighting concerns about the financial difficulties faced by some property owners and their potential impact on residents to which Interim City Manager Claussen informed the Council the City actively reaches out to those on the delinquency list to offer assistance and connect them with resources to help meet their obligations. Council Member Goldstein suggested that a personal touch in outreach can be effective, citing his experience as an HOA President, and offered his assistance to the City in addressing these issues.

2. Approve the Minutes of the Special City Council Meeting on May 11, 2024 MIN 24-071 It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously to adopt the special City Council meeting minutes of May 11, 2024.

3. Approve the Minutes of the Special City Council Meeting on May 14, 2024 MIN 24-072 It was moved by Council Member Syrop, seconded by Council Member Andrews, and carried unanimously to adopt the special City Council meeting minutes of May 14, 2024.

4. Adopt a Resolution Confirming the Report and Special Assessment List Regarding Overdue Community Preservation and Rental Program Charges for the Period of January 1, 2023, Through May 1, 2024, and Authorizing Transmittal of Assessments to the Alameda County Assessor for Collection CONS 24-235

Staff report submitted by Development Services Director Buizer, dated June 18, 2024, was filed.
4 | J u n e 1 8 , 202 4
It was moved by Council Member Goldstein, seconded by Council Member Syrop, and carried unanimously to adopt the resolution.

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

Resolution 24 -133, “Resolution Confirming the Report and Special Assessment List Regarding Overdue Community Preservation and Rental Program Charges for the Period of January 1, 2023 through May 1, 2024 and Authorizing Transmittal of Assessments to the Alameda County Assessor for Collection”

5. Adopt a Resolution Approving the Final Engineer's Report and Ordering the Levy of Assessments for Fiscal Year 2025 for Old Highlands Area Road Improvement Assessment District CONS 24-280

Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

Resolution 24 -117, “Resolution Preliminarily Approving the Fina l Engineer’s Report and Ordering the Levy of Assessments for Fiscal Year 2025 for the Old Highlands Area Road Improvement Assessment District”

6. Adopt a Resolution Authorizing the City Manager to Execute the South Hayward Promise Neighborhoods’ (SHPN) One (1) Year Contract, and Accept and Appropriate up to $100,000, in Funding Allocated from the CA Department of Social Services $100K Subaward for South Hayward Promise Neighborhoods Partners Over Fiscal Year 2025 CONS 24-306

Staff report submitted by Library Services Director Addleman, dated June 18, 2024, was filed.

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

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

Resolution 24 -118, “Resolution Authorizing the City Manager to Execute the South Hayward Promise Neighborhood (SHPN) One (1 ) Year Contract Totaling $100,000 Over Fiscal Year (F Y) 2025; and Authorize the City Manager to Accept and Appropriate Up to $100,000 in Funding from Hayward Promise Neighborhoods Over Fiscal Year 2025”

7. Adopt a Resolution Authorizing the Procurement of an On -Call Consultant for Water, Sewer, and Recycled Water Pipeline Related Projects in an Amount Not -to-Exceed $500,000 CONS 24-314

Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

Resolution 24-119, “Resolution Awarding the Contract for an On-Call Consultant for Water, Sewer, and Recycled Water Pipeline Projects to GSW Construction Inc. in an Amount Not-to-Exceed $500,000”

8. Adopt a Resolution Authorizing a Report and Assessment for Delinquent Housing Division Relocation Assistance Payments CONS 24-315

6 | J u n e 1 8 , 202 4
Staff report submitted by Development Services Director Buizer, dated June 18, 2024, was filed.

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

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

Resolution 24-134, “Resolution Confirming the Report and Special Assessment List and Authorizing Transmittal of Assessment to the County Auditor for Collection Associated with Overdue Tenant Relocation Assistance Payments for the Period of June 1, 2023 through June 1, 2024”

9. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Advocacy Services for Fiscal Year 2025 CONS 24-318

Staff report submitted by Interim City Manager Claussen, dated June 18, 2024, was filed.

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

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

Resolution 24 -120, “Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Townsend Public Affairs, Inc. for State Legislative Advocacy”

10. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Capitol Advocacy Partners for Federal Legislative Advocacy Services for Fiscal Year 2025 CONS 24-319

Staff report submitted by Interim City Manager Claussen, dated June 18, 2024, was filed.

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

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

Resolution 24 -121, “Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with Capitol Advocacy Partners for Federal Legislative Advocacy”

11. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $1,212,000, in State Legislative Directed Spending from the California Department of Health Care Services for the Hayward Evaluation and Response Teams (HEART) Program Operations CONS 24-321

Staff report submitted by Assistant City Manager Youngblood, dated June 18, 2024, was filed.

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

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

Resolution 24-122, “Resolution Authorizing the City Manager to Accept and Appropriate $1,212,000 in State Legislative Directed Spending Funding from the California Department of Health Care Services for the Hayward Evaluation Response Team’s Program Operations”

12. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $250,000, in Donations Per Fiscal Year from Nonprofit, Not-for-Profit, and Other Support Groups to Support Library Services and Programs Through the End of Fiscal Year 2026 CONS 24-323
8 | J u n e 1 8 , 202 4

Staff report submitted by Library Services Director Addleman, dated June 18, 2024, was filed.

Council Member Roche congratulated the Friends of the Hayward Library for their impressive effort in contributing over $140,000 to the library this year.

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

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

Resolution 24-123, “Resolution Authorizing the City Manager to Accept and Appropriate up to $250,000 in Donations Per Fiscal Year from Nonprofit, Not-For-Profit, and Other Support Groups to Support Library Services and Programs Through the End of FY 2026”

13. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $350,000, in Funding from the California State Library for Library Services and Programs and Supersede Resolution No. 22-078 CONS 24-324

Staff report submitted by Library Services Director Addleman, dated June 18, 2024, was filed.

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

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

Resolution 24-124, “Resolution Authorizing the City Manager to Accept and Appropriate up to $350,000 in Funding from the California State Library for Library Services and Programs, Superseding Resolution No. 22-078”

14. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $1,242,500, from the Alameda County Probation Department for Delinquency Prevention Network Youth Service Center Services for Fiscal Year 2025 and Fiscal Year 2026, and to Negotiate and Execute a Two-Year Agreement for Such Services CONS 24-325

Staff report submitted by Police Chief Matthews, dated June 18, 2024, was filed.

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

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

Resolution 24-125, “Resolution Authorizing the City Manager to Accept and Appropriate $1,242,500 from the Alameda County Probation Department to the Delinquency Prevention Network Youth Service Center to Provide Services for Fiscal Years 2025 and 2026 and to Negotiate and Execute a Two-Year Agreement for Such Services”

15. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with TransCore in an Amount Not-to-Exceed $202,500, for Adaptive Signal Control Implementation Services for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project, Project No. 05342 CONS 24-326

Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

10 | J u n e 1 8 , 202 4
Resolution 24-126, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Transcore in an Amount Not-To- Exceed $202,500 for Adaptive Signal Control Implementation Services for the Winton Avenue/D Street and Tennyson Road Corridors Signal Timing Project, Project No. 05342”

16. Adopt a Resolution Confirming the Report and Special Assessment for Delinquent Sewer Bills and Water Bills Incurred by Property Owners CONS 24-32 Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

Resolution 24 -135, “Resolution Confirming the Report and Special Assessment List Associated with Delinquent Water and Sewer Bills and Authorizing the Delinquent Charges to Become a Special Assessment Against the Properties if Not Paid by August 1, 2024”

17. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with WaterSmart Software Inc. (“VertexOne”) in an Amount Not -to-Exceed $426,000, to Continue Providing Water Customer Portal Software Services CONS 24-328

Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

Resolution 24-127, “Resolution Authorizing the City Manager to Execute an Agreement with Watersmart Software Inc. (“Vertexone”) in an

Amount Not-To-Exceed $426,000 to Continue Providing Water Customer Portal Software Services”

18. Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Spencon Construction for the Fiscal Year 2024 Sidewalk Rehabilitation and Wheelchair Ramps Project No. 05324 in the Amount of $684,312, and Approving $115,688, in Administrative Construction Contingency CONS 24-329

Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

Resolution 24-128, “Resolution Awarding the Sidewalk Rehabilitation and Wheelchair Ramps, F Y2024 Project, Project No. 05324, Construction Contract to Spencon Construction Inc”

19. Adopt a Resolution Authorizing the City Manager to Accept an d Appropriate $61,000, in Grant Funding from PG&E for the No-Cost Residential Chipping Program and Defensible Space Resident Assistance Program CONS 24-330

Staff report submitted by Interim Fire Chief Vollmer, dated June 18, 2024, was filed.

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

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

12 | J u n e 1 8 , 202 4
Resolution 24-129, “Resolution Authorizing the City Manager to Accept and Appropriate $61,000 in Grant Funding from Pacific Gas and Electric for the No -Cost Residential Chipping and Defensible Space Resident Assistance Program”

20. Adopt a Resolution Confirming the Report and Assessment for Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service CONS 24-332

Staff report submitted by Public Works Director Ameri, dated June 18, 2024, was filed.

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

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

Resolution 24 -136, “Resolution Confirming the Report and Special Assessment List Associated with Delinquent Garbage Bills Incurred by Residential Property Owners with Cart Service”

21. Adopt a Resolution Calling for the City of Hayward General Municipal Election to be Consolidated with the General Election to Be Held on November 5, 2024, for the Purpose of Electing Four Council Members for Full Terms of Four Years; and Adopt a Resolution Setting Regulations for Candidates Pertaining to Candidate Statements CONS 24-334

Staff report submitted by City Clerk Lens, dated June 18, 2024, was filed.

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

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

Resolution 24-130, “Resolution of the City Council of the City of Hayward Calling for a General Municipal Election to be Held on November 5, 2024, for the Purpose of Electing Four Members of the City Council for Terms

GEOLOGIC HAZARD ABATEMENT DISTRICT/CITY COUNCIL MEETING 777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 18, 2024, 7:00 p.m.
of Four Years; and Requesting the Alameda County Board of Supervisors to Provide for the Consolidation of a General Municipal Election of the City of Hayward with the General Election”

Resolution 24 -131, “Resolution of the City Council of the City of Hayward, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate Statements Submitted to the Voters at an Election to be Held on Tuesday, November 5, 2024”

22. Adopt a Resolution to Execute Side Letter of Agreemen t Amending the Memoranda of Understanding (MOU), Section 5.01 Medical Insurance between the City of Hayward and the Hayward Fire Chief’s Association (“HFCA”) to Correctly Reflect the Retiree Medical Insurance Contribution Amount CONS 24-344

Staff report submitted by Human Resources Director Frye, dated June 18, 2024, was filed.

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

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

Resolution 24-132, “Resolution Approving and Authorizing the City Manager to Execute the Side Letter Agreement Amending the Memorandum of Understanding (M OU), Section 5.01 Medical Insurance Between the City of Hayward and the Hayward Fire Chiefs’ Association (HFCA), to Correctly Reflect the Retiree Medical Insurance Contribution Amount”

PUBLIC HEARING

23. Sidewalk Vendor Ordinance: Introduce an Ordinance Amending Chapter 6, Article 16 of the Hayward Municipal Code Regarding the Regulation and Enforcement of Sidewalk Vendors by Amending Sections 6-16.70 and 6-16.80 and adding 6-16.90 PH 24-025

Staff report submitted by Director of Development Services Buizer, dated June 18, 2024, was filed.
14 | J u n e 1 8 , 202 4

Development Services Director Buizer provided a synopsis of the staff report.

Discussion ensued among members of the City Council and City staff and the following points were clarified: the ordinance would go into effect thirty days after its adoption; complaints are investigated regardless of location, and as violations escalate, enforcement follow s; impounded materials might be recovered after paying applicable impound fees which reflect investigation, storage and impound costs and currently there is a 30-day hold before items are destroyed if unclaimed ; staff’s approach is education and outreach; there have been 14 complaints since the ordinance's adoption ; complaints primarily come through Access Hayward or phone calls ; while several vendors have shown interest for obtaining permits , only one has nearly completed the process, largely due to the complex requirements imposed by the Alameda County Health Department ; the cost of impoundment is approximately $50 per pallet, based on a contract which provides flexible storage space as needed ; City staff maintains contact information for vendors through surveys and education sessions ; enforcement decisions often depend on capacity and safety considerations rather than a lack of willingness to enforce the ordinance; no complaints have been escalated to the state level as SB 946 was enacted to integrate vendors into the formal economy ; staff had contact with approximately 71 street vendors and 24 food trucks ; and while staff attempts to track touchpoints with vendors, identifying repeat offenders can be difficult due to issues with obtaining accurate identifications from vendors.

The following suggestions were offered by members of the City Council: consider establishing a working group or task force to explore targeted enforcement ; have clear channels for residents to report concerns, including ensuring that Alameda County Health Department contact information is readily accessible through Access Hayward ; provide education to property owners, business owners and residents on how to handle complaints, and the impact of state ordinances; leverage local organizations such as El Centro de la Raza to help vendors overcome language barriers; explore funding resources to ease the vendors' integration into the formal economy ; and consider incorporating reminders about compliance with all City ordinances, including the Styrofoam ban, during the vendor application process.

Mayor Salinas opened the public hearing at 9:04 p.m.

Lynne Nguyen expressed concern about the street vendors near Huntwood Avenue and Folsom Avenue attracting illegal dumping of garbage, and suggested implementing a roundabout at the intersection which could reduce racing by slowing traffic and creating jobs.

Suzanne Luther, Hayward Concerned Citizens member, disapproved the lack of enforcement against 71 street vendors who are in their third violation stage, emphasizing the unfairness to compliant tax -paying businesses, and urged the City to impound vendors' products to encourage compliance.

TJ, Hayward Concerned Citizens member, commented that the ordinance seems ineffective without proper enforcement and highlighted concerns about staff vacancies affecting response

GEOLOGIC HAZARD ABATEMENT DISTRICT/CITY COUNCIL MEETING 777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 18, 2024, 7:00 p.m.
times, non-food vendors creating safety issues, and the lack of response on complaints made through Access Hayward, questioning its efficacy as a complaint system.

Mayor Salinas closed the public hearing at 9:14 p.m.

Mayor Salinas expressed empathy for both street vendors and local businesses, emphasizing the City's efforts to integrate vendors into the economy while acknowledging the challenges posed by escalating street vending activities and the use of Styrofoam products; highlighted the need to enforce ordinances to maintain public health and safety ; and reiterated the City's commitment to working with the Hayward Chamber of Commerce and other stakeholders to refine the ordinance and improve enforcement while avoiding unnecessary confrontation.

Council Member Zermeño shared his support for regulating street vendors, emphasizing that his stance is not against vendors themselves but rather in favor of helping them achieve the American Dream in a legitimate way, using examples of successful restaurateurs who began as vendors; and filed a formal complaint against nine street vendors on Tennyson Road, urging the City to educate and assist them in complying with regulations, highlighting the economic impact unregulated vendors have on established businesses.

Council Member Roche expressed support for the amendment to the ordinance, which introduces equipment impoundment as a stronger deterrent against non-compliance than fines alone and improves enforcement efforts; and emphasized that Hayward has been proactive in educating vendors and helping them comply with regulations despite state law limitations on vendor placement, commending staff for their efforts to balance enforcement and education.

Council Member Bonilla Jr. supported the new enforcement tool, emphasizing its importance for addressing the complex issue of street vending by bringing vendors into compliance and integrating them into the local economy; and highlighted the necessity of protecting businesses and residents through proper health and safety standards and encouraged collaboration with the county's Environmental Health Department, urging the public to voice their concerns at the county level.

Council Member Syrop expressed frustration with the issue of street vending, emphasizing the challenges brick-and-mortar businesses face due to rising rents and wages ; highlighted the need for a balanced approach that supports both traditional businesses and street vendors ; expressed support for the ordinance for providing necessary enforcement but warned against stifling vendors entirely, advocating for a collaborative effort with the county to make the permitting process more accessible and ensure that ve ndors can operate legally without harming local businesses or resorting to illicit activities.

Council Member Andrews expressed appreciation for staff's commitment to educating vendors while acknowledging the challenges of balancing empathy and enforcement; highlighted the importance of focusing valuable staff time on other City initiatives; emphasized the need for 16 | J u n e 1 8 , 202 4
collaboration with Alameda County Public Health; noted there were other options to making a living without impacting brick-and-mortar businesses; and advocated for exploring partnerships; suggested looking into sanctioning certain areas for street vending to ensure fairness and compliance; and also recommended lobbying for state law adjustments to address the impact on the City.

Mayor Salinas thanked City staff for their efforts.

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

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

Introduction of Ordinance 24-_, “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”

LEGISLATIVE BUSINESS

24. Sales Tax: Adoption of a Resolution Establishing November 5, 2024, as the Date for an Election on a Proposed Ballot Measure Asking Hayward Voters to Extend Without Increasing the City of Hayward Half -Cent Sales Tax for an Additional Twenty Years LB 24-016

Staff report submitted by Interim City Manager Claussen, dated June 18, 2024, was filed.

Interim City Manager Claussen provided a synopsis of the staff report.

Discussion ensued among members of the City Council and staff and the following points were clarified: staff anticipates providing the Council, by September, with a clearer prioritization and realistic expectations for the projects to be funded thorough a potential extension of Measure C; it is important to align the proposed ballot language with the list of projects to maintain transparency and commitment to the community ; the Hayward Evaluation and Response Teams ( HEART) program is currently funded through Measure C funds, and continuation discussions with options would be provided for consideration; initial assessments of certain capital project needs would be reviewed ; a simplified version of a facilities master plan would be considered when prioritization of projects occur to better understand current needs; potential services include sustaining COVID-19 pandemic recovery initiatives supporting local business that were successful with American Rescue

Plan Act (ARPA) funds; consider options such as public-private partnerships and leveraging real estate, like the animal shelter's location, to reduce costs and fund projects like the new police building ; exercise flexibility in prioritizing projects as more information becomes available to ensure optimal allocation of the extension funds ; the old City Hall needs t o be secured and if refurbished could potentially serve as cultural center; successes of Measure C were highlighted and inquired on creative strategies for budget management, potential partnerships, and realistic cost estimates for future projects ; acknowledged the need for partnerships and alternative funding strategies and the importance of clear communication with the community to manage expectations; and emphasized the need for realistic planning to ensure Measure C funds meet the City's facility, infrastructure, and service expectations.

Mayor Salinas opened the public hearing at 10:08 p.m.

Ro Aguilar expressed support for extending the half-cent sales tax for an additional 20 years and potential capital projects and new services, particularly endorsing the HEART program for its ability to reduce 911 calls and improve local government services; and urged prioritizing capital projects.

Suzanne Luther expressed skepticism about an extension of Measure C, noting the funds could be used for purposes other than those promised, such as a new public safety building, and required a guarantee that the money would be allocated as advertised.

TJ, Hayward Concerned Citizens member, voiced confusion over the prioritization of a new public safety building, urging the Council to follow through on their plans and ensure transparency and accountability in spending.

Mayor Salinas closed the public hearing at 10:15 p.m.

Council Member Bonilla Jr. expressed support for the Measure C extension, emphasizing the importance of learning from current projects and involving the public in prioritizing future initiatives; and highlighted the need for transparency, accountability, a nd community engagement in shaping project priorities and ensuring funds are effectively used to enhance City services and infrastructure, ultimately fostering a thriving environment for residents.

Council Member Roche expressed support for placing the Measure C extension on the ballot, based on the polling done in the community; disputed claims of "bait-and-switch" actions by highlighting past successes with the original Measure C projects; stressed the importance of realistic prioritization to address unmet needs, ensuring that promised projects align with available funds while inviting public input.

Council Member Goldstein expressed support for the Measure C extension, emphasizing the City's strong financial accountability and commitment to delivering on promises made to residents; highlighted the necessity of addressing aging infrastructure; assured the public that 18 | J u n e 1 8 , 202 4
the City has consistently met its commitments with past projects, urging support for the measure as a reasonable solution to fund necessary improvements for Hayward residents.

Council Member Zermeño highlighted public safety and aging infrastructure as top priorities for Measure C funds; noted that library Sunday hours and Weekes Library refurbishment were important to support the City's educational goals; assured residents the City has fulfilled past commitments; and expressed confidence in delivering on future projects to provide the best services for the community.

Council Member Syrop expressed support for the Measure C extension, recognizing Council Member Roche's efforts in community outreach and emphasizing the importance of being realistic about project costs and prioritization ; acknowledged the complexity of balancing various community needs; and highlighted the necessity of creative funding solutions, confident that the City will leverage its resources and partnerships to bring the vision of improved infrastructure and services to life, ultimately benefiting Hayward in the long term.

Council Member Andrews expressed support for placing the Measure C extension on the ballot, emphasizing it should be seen as a tool to create leverage for projects such as the Public Safety Center, rather than covering all expenses; agreed with public concerns that the measure should not promise to pay for everything, highlighting the need for assessments to determine priorities; and suggested the creation of working groups to address specific issues, particularly focusing on the services and community impact of facilities like the Weekes Branch Library.

Mayor Salinas expressed support for the extension of Measure C, emphasizing that the City has been methodical and serious about its promises and highlighting the successful completion of past projects, such as the library and firehouse, funded by the measure; and reiterated the City's commitment to delivering on its promises to the current and future generations by prioritizing investments in facilities, infrastructure, and services, particularly in public safety, to ensure Hayward remains a leader in the region.

It was moved by Mayor Salinas , seconded by Cou ncil Member Zermeño, and carried unanimously to introduce the ordinance.

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

Resolution 24-137, “Resolution of the City of Hayward Establishing November 5, 2024, as the Date for an Election on a Proposed Ballot Measure Seeking Voter Approval Relating to an Extension of the Transactions and Use (Sales) Tax for Twenty Years, through 2054, and Requesting the Board of Supervisors of Alameda County to Consolidate Said Election with the Statewide General Election; and Authorizing

Certain Other Election Activities”

Resolution 24-138, “Resolution Establishing the Schedule and Policy Providing for the Filing of Ballot Arguments for the Extension of the Transactions and Use (Sales) Tax Ballot Measure at the November 5, 2024 General Election”

COUNCIL REPORTS AND ANNOUNCEMENTS

Council Member Andrews made three announcements: 1) the Keep Hayward Clean and Green cleanup event at Ruus Park on June 22, 2024, followed by the Juneteenth Freedom Celebration at Heritage Plaza featuring the Black Cowboy Coalition, Moonbug Entertainment’s very own Meekah; 2) the ribbon cutting ceremony for East Bay Eats on June 12, 2024; and 3) the return of street parties to downtown Hayward, organized by the Hayward Chamber of Commerce.

Council Member Syrop provided a reminder about mosquito prevention as the weather warms up, urging residents to check their pools for mosquito larvae and report dead birds through mosquitoes.org to help control the mosquito population and prevent disease.

Council Member Goldstein made two announcements: 1) the Hayward Housing and Homelessness Task Force will meet on June 20, 2024; 2) June Field Day, a national emergency communications exercise taking place June 22 and 23, 2024.

Mayor Salinas announced that he will be attending the U nited States Mayor's Conference in Kansas City, Missouri, where mayors from across the country will discuss various topics, and he will focus on the Education and Healthcare Committee and the Public Safety Committee.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 10:46 p.m.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-089
DATE: August 20, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the City Council Meeting on June 25, 2024

RECOMMENDATION
That the Council approves the City Council meeting minutes of June 25, 2024.

SUMMARY
The City Council held a meeting on June 25, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 6/25/24
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 1
powered by Legistar™

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

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

Pledge of Allegiance: Council Member Andrews

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

Absent: None
Mayor Salinas acknowledged Raven Jenkins, Raising Leaders intern helping in the office of the City Clerk.

CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on June 25, 2024, at 5:30 p.m., with all members present, and no public speakers, regarding two items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Roe v. Montenegro, et al., Alameda County Superior Court, No. 22 CV010050; and 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding negotiations with all labor groups.

City Attorney Lawson announced that the Council met regarding Item 1 and unanimously, with Council Member Bonilla Jr. moving and Council Member Andrews seconding, approved settlement in the amount of $1 million. Regarding Item 2, the Council gave direction to its negotiators and took no reportable action. The closed session adjourned at 6:43 p.m.

PUBLIC COMMENTS
Kristina Kv anes, Hayward resident, expressed concerns about past Fourth of July illegal fireworks activity; and suggested roadblocks/checkpoints, barriers, sprinklers, cameras, drones, and speed bumps to discourage people who want to disturb, and manage crowds and safety on Fourth of July.

Peggy Guernsey commended retiring Fire Captain Don Nicholson for his service and Community Emergency Response Team ( CERT) training efforts and welcomed Captain Martin Barbano.

Alexandra Crivello, representing Hayward Association of Management Employees (HAME), requested additional funds for cost-of-living adjustments.

Danny Maga lhaes, City employee and HAME President , discussed the challenges of staff retention and the need for competitive wages , and urged the City to close the gap between cost-of-living and compensation employees receive.
2 |J u n e 2 5 , 202 4
Joanna, Hayward resident, requested consideration for incorporating a land acknowledgment into City Council meetings, noting its meaning in recognizing the history of the indigenous people.

CITY MANAGER’S COMMENTS
Interim City Manager Claussen made three announcements: 1) the search for a new tenant for the Pocket Cafe at the library; 2) encouraged community members to support Hayward’s application for the Pro housing Designation Program; and 3) addressed illegal fireworks enforcement efforts.

CONSENT
Consent Items 7 and 14 were removed from the Consent Calendar for a separate vote.

1. Approve the Minutes of the Special City Council Meeting on May 21, 2024 MIN 24-073 It was moved by Council Member Goldstein, seconded by Council Member Zermeño, and carried unanimously to adopt the Special City Council meeting minutes of May 21, 2024.

2. Approve the Minutes of the Special City Council Meeting on May 28, 2024 MIN 24-076 It was moved by Council Member Goldstein, seconded by Council Member Zermeño, and carried unanimously to adopt the Special City Council meeting minutes of May 28, 2024.

3. Approve the Approve the Minutes of the Special Joint Hayward City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority Meeting on June 4, 2024 MIN 24-077
It was moved by Council Member Goldstein, seconded by Council Member Zermeño, and carried unanimously to adopt the Special Joint Hayward City Council/Hayward Redevelopment Successor Agency/Hayward Housing Authority meeting minutes of June 4, 2024.

4. Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2024 and Approving the City of Hayward Salary Plan for Fiscal Year 2025 CONS 24-322

Staff report submitted by Human Resources Director Frye, dated June 25, 2024, was filed.

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

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

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

Resolution 24-139, “Resolution Approving the Amended Fiscal Year 2024 Salary Plan and Approval of the Fiscal Year 2025 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding Resolution No. 24-056 and all Amendments Thereto”

5. Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with 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 Water Resource Recovery Facility (WRRF) Switchgear Rehabilitation Project No. 07656, and Appropriating Additional Funds in the Amount of $135,154 CONS 24-331

Staff report submitted by Public Works Director Ameri, dated June 25, 2024, was filed.

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

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

Resolution 24-140 “Resolution Authorizing the City Manager to Amend the Professional Services Agreement with 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 W RRF Switchgear Rehabilitation Project No. 07656, and Appropriating Additional Funds in the Amount of $135,154”

6. 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 CONS 24-345

Staff report submitted by Human Resources Director Frye, dated June 25, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Zermeño, and carried unanimously, to adopt the resolution.
4 |J u n e 2 5 , 202 4

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

Resolution 24 -141, “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”)

7. 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 CONS 24-346

Staff report submitted by Acting Community Services Manager Lee, dated June 25, 2024, was filed.

In response to Council Member Andrews’ suggestion for staff to consider the Foothill Action Plan Working Group as a model for the Weekes Park Working Group for its documented goals and timelines, Assistant City Manager Youngblood agreed that this model could be used to hold the Weekes Park Working Group accountable for making improvements around the park and the Community Center.

In response to Council Member Syrop's request for an update on the funding for the Hayward Navigation Center and its transition to the St. Regis Center, Assistant City Manager Youngblood responded the City expects to move the Navigation Center from Depot Road to the St. Regis campus within the next year to year and a half.

Mayor Salinas opened public comment at 7:30 p.m.

Tyrus Wa shington expressed gratitude for the support he received from the Bay Area Community Services; and urged continued support for the program.

Israel Guerrero highlighted the importance of shelters in providing protection and various essential services to individuals experiencing violence and homelessness, including legal assistance and job support.

Frank Martinez thanked the Council for the homelessness support services that have significantly improved his life, emphasizing the necessity of these services for the community.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

Aaron Horner praised the impact of homeless support services, noting that they enable individuals to find stability, housing, and legal assistance ; and stressed the importance of continued funding and collaborative efforts to address community needs.

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

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

Resolution 24 -148, “Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Bay Area Community Services (BACS) for Fiscal Year 2024 -2025 Hayward Navigation Center Operations for an Amount Not-To-Exceed $2,500,894”

Resolution 24 -149, “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 $405,000”

8. 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 CONS 24-352

Staff report submitted by Public Works Director Ameri, dated June 25, 2024, was filed.

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

6 |J u n e 2 5 , 202 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24-142, “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, 2025”

9. 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 CONS 24-354

Staff report submitted by Public Works Director Ameri, dated June 25, 2024, was filed.

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

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

Resolution 24-143, “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”

10. 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 CONS 24-359

Staff report submitted by Public Works Director Ameri, dated June 25, 2024, was filed.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

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

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

Resolution 24 -144, “Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement with N HA Advisors, LLC for Municipal Advisory Services in an Amount Not To Exceed $90,000 for the Water Resource Recovery Facility (WRRF) Improvement – Phase II Project”

11. 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 CONS 24-362

Staff report submitted by Interim City Manager Claussen, dated June 25, 2024, was filed.

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

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

Resolution 24-145, “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”

8 |J u n e 2 5 , 202 4

12. 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 CONS 24-363

Staff report submitted by City Clerk Lens, dated June 25, 2024, was filed.

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

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

Ordinance 24 -06, “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”

13. 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 CONS 24-368

Staff report submitted by Director of Human Resources Frye, dated June 25, 2024, was filed.

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

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

Resolution 24 -146, “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”

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

14. 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 CONS 24-371

Staff report submitted by Police Chief Matthews, dated June 25, 2024, was filed.

Council Member Syrop emphasized the need for the Public Safety Center’s RFP site design to include proactive outreach beyond public comments.

In response to Council Member Roche's question about whether there will be multiple potential funding plans for the future site design, Interim City Manager Claussen responded in the affirmative indicating the project is currently in the early conceptual stage.

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

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

Resolution 24 -150, “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 Guard Site for a Total Not-To-Exceed Amount of $500,000”

15. 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 CONS 24-372

Staff report submitted by Human Resources Director Frye, dated June 25, 2024, was filed.

10 |J u n e 2 5 , 202 4
It was moved by Council Member Goldstein, seconded by Council Member Zermeño, and carried unanimously, to adopt the resolution.

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

Resolution 24 -147, “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”

WORK SESSION

16. 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 WS 24-019

Staff report submitted by Director of Development Services Buizer, dated June 25, 2024, was filed.

Director of Development Services Buizer introduced Associate Planner Richard, who provided a synopsis of the staff report.

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

Ro Aguilar expressed support for the staff report's promotion of alternative housing options, highlighting the need for hotels as they meet key feedback criteria for supportive and transitional housing, and urged the City to include flexibility in the code to lease or buy hotels for this purpose.

Peggy Guernsey shared concerns about the conditions in group homes, including inadequate meals and safety issues, and stressed the need for proper monitoring and inspection to ensure that these facilities provide safe and appropriate living conditions for residents.

Mayor Salinas closed the public comment section at 7:59 p.m.

Discussion ensued among members of the City Council and City staff and the following comments/recommendations were offered: there was general support for staff’s recommendations; include metrics to track unhoused individual who have been contacted,

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.
their needs, and the outcomes; provide a metrics report to Council every six months; discuss the operable vehicle requirement with local organizations offering safe parking, tapping into community expertise for vehicle repairs and storage ; include RVs in the safe parking program and explore options for temporary facilities instead of permanent fixtures; consider the need for flexible hours of operation, urging consultation with community operators to ensure the hours are practical and accommodating for those using the facilities ; reconsider the strictness of safe parking requirements to include temporary fixtures like outhouses ; consider the need for effective security and reporting requirements to collect data on homelessness and facilitate collaboration with partners in finding permanent housing solutions; consider medium -density zoning to provide more housing options ; include provisions for RV parking in safe parking programs without immediate utility hookups, ensuring flexibility in regulations ; have a clear and sustainable management plan for SROs ; collect data on the origin of individuals using housing services to better un derstand and address local and regional housing needs ; exercise flexibility in requiring permanent facilities, proposing temporary solutions like porta potties and mobile services; note the importance of distributing housing and services across different areas of the City to avoid clustering; further expla in the understanding of the coordinated entry system to manage expectations on housing placements for Hayward's homeless population; expand training for service providers to include information about utilities and permits, involving other permitting departments and potentially state agencies to streamline processes ; coordinate with agencies to help homeless individuals overcome barriers like obtaining IDs and stable employment; consider ensuring 24 -hour staff presence at facilities, encouraging bicycle facilities, exploring partnerships with BART to utilize empty properties near transit stations for housing solutions; and evaluate the potential benefits of developing large transit-adjacent sites to address housing issues more effectively; maintain high public health and cleanliness standards for safe parking sites to prevent issues like infections; ensure that senior housing and foster youth developments have rigorous safety standards and frequent inspections ; make sure long-term and short-term strategies address housing and homelessness; and note the importance of regional collaboration and strategic planning to tackle these issues effectively.

PUBLIC HEARING

17. 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 PH 24-031

Staff report submitted by Maintenance Services Director Rullman, dated June 25, 2024, was filed.
12 |J u n e 2 5 , 202 4

Mayor Salinas asked the Council and City staff to forgo staff’s presentation.

There being no public comment, Mayor Salinas opened and closed the public hearing at 8:32 p.m.

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

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

Resolution 24-151 “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 2025 for the Landscaping and Lighting Assessment District No. 96-1, Zones 1-18”

Resolution 24-152 “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”

18. Engineer’s Report MD -1: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 1 - Storm Drainage Pumping Station and Storm Drain Conduit - Pacheco Way, Stratford Road and Ruus Lane, for Fiscal Year 2025 PH 24-032

Staff report submitted by Maintenance Services Director Rullman, dated June 25, 2024, was filed.

Mayor Salinas asked the Council and City staff to forgo staff’s presentation

There being no public comment, Mayor Salinas opened and closed the public hearing at 8:32 p.m.

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

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

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

Resolution 24 -153, “Resolution Approving the Engineer’s Report, Reconfirming Maximum Base Assessment Rate, Confirming the Assessment Diagram and Fiscal Assessment, and Ordering Levy and Collection of Fiscal Assessments for Fiscal Year 2025 for Maintenance District No. 1: Stor m Drainage Pumping Station and Storm Drain - Pacheco Way, Stratford Road, and Ruus Lane”

Resolution 24-154, “Resolution Approving Funding Recommendations and Appropriating the Special Revenue Funds for Maintenance District No.1 for Fiscal Year 2025”

19. Engineer’s Report MD -2: Adopt a Resolution to Approve the Final Engineer's Report, Confirm the Maximum Base Assessment Rate, Confirm the Fiscal Assessment Rate, Confirm the Assessment Diagram, Order the Levy and Collection of Fiscal Assessment; and Adopt a Resolution to Approve Funding Recommendations and Appropriate Revenue and Expenditure Budgets for Maintenance District No. 2 - Eden Shores Storm Water Buffer and Facilities, for Fiscal Year 2025 PH 24-033

Staff report submitted by Maintenance Services Director Rullman, dated June 25, 2024, was filed.

Mayor Salinas asked the Council and City staff to forgo staff’s presentation

There being no public comment, Mayor Salinas opened and closed the public hearing at 8:32 p.m.

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

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
14 |J u n e 2 5 , 202 4

Resolution 24-155, “Resolution Approving the Final Engineer’s Report, Confirming Maximum Base Assessment Amount, Confirming the Fiscal Assessment Rate, Confirming the Assessment Diagram, and Ordering the Levy and Collection of the Fiscal Assessment for Fiscal Year 2025 for Maintenance District No. 2: Eden Shores Water Buffer Zone and Pre - Treatment Pond”

Resolution 24-156, “Resolution Approving Funding Recommendations and Appropriating the Special Revenue Funds for Maintenance District No. 2 for Fiscal Year 2025”

20. Master Fee Schedule: Adopt a Resolution Approving the FY 2025 Master Fee Schedule, and Finding the Action is Exempt from CEQA Review PH 24-030

Staff report submitted by Finance Director Gonzales, dated June 25, 2024, was filed.

Mayor Salinas asked City staff to forgo staff’s presentation and asked Interim City Manager Claussen to highlight the purpose of the item. Interim City Manager Claussen explained that most changes in the FY 2025 Master Fee Schedule were incremental, due to cost -of-living adjustments or mandated changes; and noted the most notable change was the addition of fees for the use of Fire Station 6 Regional Training Center, allowing other agencies to use the facilities for training scenarios.

In response to Council Member Bonilla Jr.'s question about potentially changing in-lieu fees, Development Services Director Buizer responded that while the current changes are mostly small adjustments, raising in-lieu fees to incentivize developers to build inclusionary affordable housing would require a new Nexus study.

There being no public comment, Mayor Salinas opened and closed the public hearing at 8:39 p.m.

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

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

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

Resolution 24 -157, “Resolution Adopting the F Y 2025 Master Fee Schedule that Reflects Updated Fees and Charges for Departments in the City of Hayward and Rescinding Resolution No. 23 -066 and all Amendments Thereto and Finding that the Action is Exempt from CEQA Review”

LEGISLATIVE BUSINESS

21. Military Equipment Use: Adopt a Resolution Approving the Hayward Police Department’s Annual Military Equipment Use Report for April 2023 Through March 2024 and Renewing Ordinance 22 -06 Adopting Military Equipment Use Policy No. 706 in Compliance with Assembly Bill No. 481 LB 24-018

Staff report submitted by Police Chief Matthews, dated June 25, 2024, was filed.

Police Chief Matthews provided a synopsis of the staff report and highlighted that the UAS (drone) equipment under the list of HPD’s Military Equipment usage should have been 64 as opposed to 6.

Council Member Bonilla Jr . indicated the item was approved by the Council Public Safety Committee.

In response to Council Member Bonilla Jr.'s question, Police Chief Matthews responded that the "number two" next to the carbine rifle on the equipment use slide refers to its use by two officers during an officer -involved shooting incident on Foothill Boulevard and b ehind Safeway.

In re sponse to Council Member Zermeño's question about why a command vehicle is considered military equipment, Police Chief Matthews responded that the designation was likely included by the legislators who authored the bill.

In response to Council Member Syrop's question about the need for new drones, Police Chief Matthews responded that the department currently has six or seven drones and is requesting an additional six, explaining that the new drones are needed for specialty units, such as crime scene and accident reconstruction, and for improving operational efficiency during active searches.

In response to Council Member Roche's questions about equipment changes and budget items, Police Chief Matthews responded that the replacement of two robots is a one-for-one change due to the original manufacturer going out of business, leaving no capacity for repairs. Police Chief Matthews clarified that no new types of military equipment are being 16 |J u n e 2 5 , 202 4
requested, only replacements for existing items ; and staff is not requesting additional funding for the additional drones.

Mayor Salinas opened the public hearing at 8:53 p.m.

Joanna inquired about the use of drones, specifically asking if their use is limited to observing individuals, or if they would be employed in other situations as well.

Mayor Salinas closed the public hearing at 8:55 p.m.

In response to Mayor Salinas' question about the circumstances under which drones would be deployed, Police Chief Matthews responded that there is a page on the website dedicated to the use of drones as well as its policy; added that drones are typically used for unfolding, in - progress incidents, similar to the use of helicopters ; added that they are deployed during searches for offenders, in -progress crimes, and interior searches when legally authorized, acting as a precautionary measure to clear spaces before officers enter.

Council Member Syrop thanked staff for the report; encouraged staff for future reports to include the dates of community engagement and not have the staff report in the last agenda prior to the recess; and noted his reservation around having military equipment in the Police Department.

It was moved by Council Member Bonilla Jr., seconded by Council Member Goldstein, and carried with Council Member Syrop abstaining, to adopt the resolution.

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

Resolution 24 -158, “Resolution Approving the Hayward Police Department’s Annual Military Equipment use Report for April 2023 Through March 2024 and Renewing Ordinance 22-06 Adopting Military Equipment use Policy No. 706 in Compliance with Assembly Bill No. 481”

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Bonilla Jr. thanked Council Member Andrews for organizing a successful Juneteenth event, recognizing her leadership and efforts in bringing the community together and highlighting the ongoing importance of freedom and equality.

Council Member Zermeño invited everyone to the All America Festival on June 29, 2024 at Eden Mansion, including a "Happy Birthday USA" celebration at 11:30 a.m.

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, June 25, 2024, 7:00 p.m.

Mayor Salinas reported on attending the United States Conference of Mayors during the prior week, where he participated in sessions on economic development, public safety, education, workforce development, and public art; and announced the launch of the "Words for Lunch" program at the downtown and Weekes libraries.

Council Member Andrews thanked everyone who contributed to the Juneteenth event, including the West Coast Food Society, City staff, Treasures Unleashed, the Best Me Conference, and various council members ; and commended the Economic Development team for their efforts in organizing multiple ribbon cuttings for new businesses.

Council Member Roche congratulated Council Member Andrews on the successful Juneteenth event, praising her multifaceted role in managing the event and highlighting its positive impact on the community.

ADJOURNMENT

Mayor Salinas adjourned the City Council meeting at 9:09 p.m. and wished everyone a good Council recess.

APPROVED

__________________________________________________________ Mark Salinas
Mayor, City of Hayward

ATTEST:

__________________________________________________________ Miriam Lens
City Clerk, City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-335
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the Interim City Manager to Revise the Communications Operator Lateral & Entry Level Hiring Bonus Program to Include Dispatch Call Taker Positions

RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the Interim City Manager to revise the current Communications Operator Lateral & Entry Level (COLE) Hiring Bonus Program to include the Dispatch Call Taker position.

Moreover, if a candidate is hired as a Communications Operator, but does not successfully complete the Communications Operator training program, they may be considered for reclassification to the Call Taker position. This is important because if candidates are hired under a Call Taker position, as opposed to a Communication Operator position, they are not currently eligible for a hiring bonus. Staff proposes to revise the current COLE Hiring Bonus Program to fix this, by including the Call Taker position and a $5,000 hiring bonus for those hired as a Call Taker.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 1
powered by Legistar™

Page 1 of 3 ends

DATE: August 20, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Authorize the Interim City Manager to Revise the Communications Operator Lateral & Entry Level Hiring Bonus Program to Include Dispatch Call Taker Positions

SUMMARY
Currently, the COH offers a $10,000 hiring bonus under the COLE program as stated in the job announcement for Communications Operator positions for the Hayward Police Department (HPD). The job announcement for the Communications Operator specifies that candidates for that position may also be considered to fill Call Taker position vacancies. During the hiring process, candidates are assessed to determine where they will most likely be successful in the Hayward Communication Center (HCC). Moreover, if a candidate is hired as a Communications Operator, but does not successfully complete the Communications Operator training program, they may be considered for reclassification to the Call Taker position. This is important because if candidates are hired under a Call Taker position, as opposed to a Communication Operator position, they are not currently eligible for a hiring bonus. Staff proposes to revise the current COLE Hiring Bonus Program to fix this, by including the Call Taker position and a $5,000 hiring bonus for those hired as a Call Taker.

BACKGROUND
On June 21, 2022, the City Council approved a COLE hiring bonus for qualified candidates. The COLE Program offers a $10,000 hiring bonus to be paid over a four-year period for entry level candidates. The HCC is currently recruiting for the position of Communications Operator. The Call Taker position is not a stand-alone position which can be applied for. Candidates are assessed during the hiring process for their suitability as a Communication Operator or Call Taker. This is specified in the current job announcement, which states the following:

Page 2 of 3 ends

“Communication Operators may receive a hiring bonus of up to $10,000 disbursed in four equal phases: $2,500 upon acceptance of a final offer of employment; $2,500 upon successful completion of the Training Program; $2,500 upon successful completion of the probationary period, and $2,500 two years after the completion of the probationary period.”

“Note: The eligibility list established from this recruitment may be used to fill Call Taker vacancies.”

Although Communication Operators and Call Takers job duties, roles and responsibilities are somewhat different, Call Takers are essential in the HCC. They are the first element in the communication process of ensuring emergency services are effectively and efficiently dispatched during critical incidents and high priority calls for service. Additionally, the Call Taker position is a common starting point in the HCC before personnel progress to Communications Operator positions.

Furthermore, last year during the FY 2024 budget process, the City Council approved the hiring of six additional Communication Operators to enable the expansion of the HCC to provide Emergency Medical Dispatch for the City of Hayward. As HPD recruits and hires for these additional positions, they will be utilized as Call Takers to advance our goal of providing EMD services to the community.

Staff proposes to revise the current COLE Hiring Bonus Program and current job announcement to include the Call Taker position. If revised, staff proposes to offer a $5,000 hiring bonus for Call Taker positions and retain the hiring bonus of Communications Operator at $10,000.

FISCAL IMPACT

Staff recommends the COLE hiring bonus be extended to the HCC Call Taker position in the amount of $5,000. The disbursement will mirror the hiring bonus for HCC Communication Operators. It will be disbursed in four equal phases: $1,250 upon acceptance of a final offer of employment, $1,250 upon successful completion of the training program, $1,250 upon successful completion of the probationary period, and $1,250 two years after the completion of the probationary period.

The fiscal implications of revising the COLE Hiring Bonus Program amount to $5,000 per hire, disbursed over a span of four years following the hiring date. Projections from HPD indicate an annual recruitment of 5-7 eligible Call Takers for the COLE program bonus, based on current and projected vacancies.

The estimated expenditure, contingent upon the recruitment of at least five (5) Call Takers in a single year, is $25,000 (with costs distributed over four years). This initiative will draw funding from salary savings derived from existing budgeted positions, thereby mitigating any additional impact on the General Fund.

Page 3 of 3 ends

STRATEGIC ROADMAP

This agenda item supports the Enhance Community Safety & Quality of Life strategic priority.

Goal 1: Invest in community-based crime response and enforcement models.

NEXT STEPS

If Council authorizes this action, staff will revise the current COLE program to include Call Taker positions.

Prepared by: Will Deplitch, Police Captain

Recommended by: Bryan Matthews, Chief of Police

Approved by:

____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

Page 1 of 2 ends

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

RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO REVISE THE

COMMUNICATIONS OPERATOR LATERAL AND ENTRY LEVEL HIRING BONUS

PROGRAM TO INCLUDE DISPATCH CALL TAKER POSITIONS
WHEREAS, on June 21, 2022, the City Council authorized the establishment of the Communications Operator Later and Entry Level (COLE) Hiring Bonus Program under which those hired as Communications Operators for the Hayward Police Department (HPD) are rewarded a $10,000 hiring bonus; and,
WHEREAS, the current COLE program does not provide a hiring bonus to candidates who are hired for the position of Call Taker, even if the candidate is initially hired as a Communications Operator but found to be better suited as a Call Taker; and, WHEREAS, the City Council authorized adding six Communications Operator positions to the HPD’s budget in FY 2024, some of which may be utilized as Call Taker positions to advance the City’s goal of providing Emergency Medical Dispatch services to the community; and,
WHEREAS, the HPD anticipates hiring a minimum of five Call Takers eligible for COLE program per year; and,
WHEREAS, the updated COLE Bonus Program shall offer $5,000 to those hired as a Call Taker, to be dispersed to the Call Taker in four equal phases: $1,250 upon acceptance of a final offer of employment, $1,250 upon successful completion of the training program, $1,250 upon successful completion of the probationary period, and $1,250 two years after the completion of the probationary period; and,
WHEREAS, this program shall be funded with currently appropriated Police Department budgeted salary and benefit savings that result from vacant positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Interim City Manager to revise the Communications Operator Lateral and Entry -Level (COLE) Hiring Bonus Program to include Call Taker positions.

ATTACHMENT II

Page 2 of 2 ends

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-377
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Approving the New Update to the Guidelines for Installation of Speed Humps

RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving a new update to the Guidelines for Installation of Speed Humps (Attachment III).

SUMMARY
Staff recommend updating criteria relevant to Hayward’s traffic conditions and street characteristics.

Recommended updates include:

Criteria Existing Proposed
2) 85th percentile speed 32 mph 30 mph
3) Street classification Residential Local and collector 7) Uninterrupted block length 750 feet 300 feet
9) Average daily traffic volume Must range from 500 to
4,000 vehicles
Should range from 500 to
4,000 vehicles
11) Transit route Prohibited Possible, but requires
coordination with AC Transit
14) 85th percentile guideline
may be waived for schools
For streets fronting schools For streets within school
zones defined by California
Vehicle Code
16) Placement distance to
intersections
250 feet 150 feet. 250 feet from
intersection with arterial
20) Distance to driveways Must be no closer than 10
feet
Should be no closer than 10
feet
21) Number of speed humps Spacing should allow at least two speed humps on each
block
One speed hump is
acceptable where other
requirements preclude two
24) Placement with transit
stops
N/A No closer than 110 feet
before and 30 feet after
transit stop
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
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File #:CONS 24-377
Criteria Existing Proposed
2) 85th percentile speed 32 mph 30 mph
3) Street classification Residential Local and collector 7) Uninterrupted block length750 feet 300 feet
9) Average daily traffic volumeMust range from 500 to
4,000 vehicles
Should range from 500 to
4,000 vehicles
11) Transit route Prohibited Possible, but requires
coordination with AC Transit
14) 85th percentile guideline
may be waived for schools
For streets fronting schoolsFor streets within school
zones defined by California
Vehicle Code
16) Placement distance to
intersections
250 feet 150 feet. 250 feet from
intersection with arterial
20) Distance to driveways Must be no closer than 10
feet
Should be no closer than 10
feet
21) Number of speed humpsSpacing should allow at least
two speed humps on each
block
One speed hump is
acceptable where other
requirements preclude two
24) Placement with transit
stops
N/A No closer than 110 feet
before and 30 feet after
transit stop

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Guidelines for Installation of Speed Humps CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
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DATE: August 20, 2024
TO: City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving the New Update to the Guidelines for Installation of Speed Humps

RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving a new update to the Guidelines for Installation of Speed Humps (Attachment III).

SUMMARY
Staff recommend updating criteria relevant to Hayward’s traffic conditions and street characteristics. Recommended updates include:

Page 2 of 5 ends

BACKGROUND

First adopted by Council in December of 1995, the Guidelines for Installation of Speed Humps were proposed as a strategy to address concerns about speeding on public streets.

The California State Traffic Control Devices Committee classifies speed humps as a “roadway design” feature, not a “traffic control" feature, which allows local jurisdictions to establish their own standards for their use. Hayward’s guidelines were developed to be similar to those of other nearby jurisdictions.

In 2001, Council asked Staff to revisit the criteria for minimum block length and maximum turning radius. The Guidelines for Installation of Speed Humps was revisited again in 2002 to provide flexibility for the installation of speed humps along bus routes in appropriate circumstances.

On July 3, 20181, Council adopted the Neighborhood Traffic Calming Program (NTCP) to establish a guide for City Staff, elected officials, and residents to implement proper and effective traffic calming solutions with community outreach and collaboration. Through the NTCP residents can apply for traffic calming treatments such as speed humps.

On April 24, 20242, Staff presented the proposed updates to the Council Infrastructure & Airport Committee who recommended submitting the update to Council for approval.

DISCUSSION

No major changes have been made to the Guidelines for Installation of Speed Humps since 2002. In that time, there have been at least two updates to Institute of Transportation Engineers’ (ITE’s) “Guide to Vertical Deflection Speed Reduction Techniques” with the most recent update in 2022. The ITE update focuses on current state-of-the-practice in the selection, design, and application of speed humps, speed tables, and other vertical deflection tools, based on data collected to evaluate traffic calming effectiveness over the past decade.

The proposed update to the City’s guidelines addresses lessons learned over the last decade and improves the organization of the guidelines. The recommended guidelines are categorized into two sections:

1) Street Geometry and Physical Characteristics
2) Speed Hump Placement

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=3542604&GUID=CD3CE8D9-375E-407D-9B82-C395D07B687A&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6643502&GUID=5C9063A5-0471-4102-BCD3-152AF715BBD6&Options=&Search=

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Street Geometry and Physical Characteristics

Staff recommend six revisions to the Street Geometry and Physical Characteristics. First, the current 85th percentile speed of traffic guideline requires that speed must be 32 mph or greater. ITE provides new safety-related speed metrics that can be used in place of the current 85th percentile guideline, which is more a measure of vehicle performance than neighborhood livability or safety. ITE states that a street may have a speeding problem if the 85th percentile speed is 5+ mph above the posted speed limit. Because speed humps are only allowed on 25 mph streets, staff is recommending reducing the City guideline to 30 mph. The updated guidelines also permit data collection from methods other than radar speed surveys.

The second revision replaces “residential” streets with “local or collector” streets for consistency with more precisely defined roadway classification systems.

Third, staff recommend reducing the minimum uninterrupted block length from 750 feet to 300 feet, unless the block intersects an arterial, in which case the minimum is 500 feet.

Residential blocks in Hayward range from 250 to 1,200 feet and it is common in some neighborhoods to have sequential blocks under 500 feet in length. Restricting speed humps to longer blocks limits the City’s ability to reduce speeding in some neighborhoods and is inconsistent with practices used in other jurisdictions.

The fourth revision changes the language of the average daily traffic volume from “must” range from 500 to 4,000 vehicles per day to “should.” This allows flexibility for streets that meet all other guidelines but have slightly higher or lower traffic volume.

While AC Transit has demonstrated openness to context-appropriate traffic calming, speed humps can in some circumstances impact bus routes and transit riders. The fifth recommended update is to include a guideline for Staff to coordinate with AC Transit staff in these situations.

The last recommendation under this section replaces the 85th percentile speed requirement from “requests fronting schools” to “requests within a school zone as defined by the California Vehicle Code.” This provides consistency with other school traffic control measures and acknowledges that even streets that aren’t directly adjacent to schools can be important for school travel.

Speed Hump Placement

Under the Speed Hump Placement section, staff recommend four revisions. First, staff recommend reducing the minimum speed hump placement distance from local and collector street intersections from 250 feet to 150 feet. For streets that intersect with an arterial street, the minimum distance will stay at 250 feet. This is consistent with ITE recommendations to place speed humps 100 feet away from an intersection with a collector street and 250 feet from an intersection with a traffic signal. Arterial intersections

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present challenges for the safe and effective deployment of speed humps due to the higher posted speeds. However not every arterial intersection is signalized, so staff recommend expanding this guideline to apply to all arterial intersections, not only signalized intersections.

Second, staff recommend making the distance to driveways flexible by changing the language from “must” be no closer than 10 feet to “should” and including “when possible” to allow the use of speed humps on streets that meet all other guidelines but have an abundance of driveways without the required distance between them.

Third, staff recommend adding the phrase “it is preferable to install two humps on the same block but where other requirements would preclude two humps, one is acceptable” to clarify that a street may qualify if it can only fit one hump but that more than one is more effective in reducing speeding.

The last update includes distance requirements to bus stops as suggested by AC Transit for safe bus operations on streets with speed humps

ECONOMIC IMPACT

There will be no economic impact associated with this action.

FISCAL IMPACT

The expanded guidelines will result in more streets being eligible for speed humps. However, the existing Neighborhood Traffic Calming Program fund and Pavement Improvement Program fund is sufficient to accommodate this. Priority ranking of applications will be conducted if funding is not sufficient and staff will return to Committee and Council if necessary.

STRATEGIC ROADMAP

This agenda item supports the Strategy Priority of Invest in Infrastructure. Specifically, this update relates to Project N1: Continue to implement major corridor traffic calming initiatives.

SUSTAINABILITY FEATURES

There are no sustainability features associated with this action.

PUBLIC CONTACT

This update to the Guidelines for Installation of Speed Humps will expand the range of qualifying applications for speed humps that the City receives through the Neighborhood Traffic Calming Program. Applications are submitted by residents and require signatures from 25 percent of the residents fronting that street segment. Once the application is

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approved a petition for speed hump installation requires signatures from two-thirds of the residents on that street segment.

NEXT STEPS

If Council approves this update, more traffic calming applications will be eligible for speed humps.

Prepared by: Colin Patterson, Associate Transportation Planner Hugh Louch, Deputy Director of Public Works - Transportation

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 ADOPTING AN UPDATE TO THE GUIDELINES FOR

INSTALLATION OF SPEED HUMPS
WHEREAS, on December 12, 1995, by resolution, the City Council adopted the current Guidelines for Installation of Speed Humps; and
WHEREAS, the Guidelines for Installation of Speed Humps defines the traffic and geometric criteria that staff to use to qualify streets for speed humps; and WHEREAS, staff have recommended updates to the Guidelines for Installation of Speed Humps to align with current state-of-the-practice selection, design, and application of speed humps based on evaluated traffic calming effectiveness.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby adopts the update to the Guidelines for Installation of Speed Humps (Attachment III).

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

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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GUIDELINES FOR INSTALLATION OF SPEED HUMPS
The installation of speed Humps (“Humps”) on streets within the jurisdiction of the City of Hayward is to be considered only if found warranted by the Department of Public Works, Engineering and Transportation, or if specifically recommended by the Director of Public Works. The following criteria shall be considered to determine whether to install humps along a given street segment:

Street Geometry and Physical Characteristics
1) Posted speed limit on the street does not exceed 25 miles per hour 2) By means of a speed radar survey or tube counts, it is found that 85th percentile speed of traffic is 30 mph or greater
3) Street should be a local or collector street
4) Street must contain no more than one travel lane in each direction 5) Street must have a paved width of no more than 48 feet 6) Street must be a through-street (no cul-de-sacs or alleys) 7) Segment must have a minimum uninterrupted block length of 300 feet unless block intersects with an arterial then 500 feet
8) Street must have a standard curb and gutter
9) Average daily traffic volume for both directions should range from 500 to 4,000 vehicles per day on average weekdays
10) Street must not be in an industrial area nor be along established truck routes, or an established and/or preferred emergency vehicle route
11) Proposed speed humps which may impact AC Transit bus routes or transit riders should be discussed with AC Transit
12) Street grade is less than 5%
13) The centerline radius is greater than 300 feet
14) The 85th percentile speed requirement may be waived for requests within a school zone as defined by the California Vehicle Code
Speed Hump Placement
15) The spacing between speed humps should be no less than 175 feet. 16) Location of speed hump must be 150 ft minimum from intersection, 250 ft for intersection with an arterial street.
17) Speed humps should not be installed at locations, which will result in displacement of traffic to parallel streets.
18) Speed humps shall not be placed over manholes, drainage structures, water meters, or other utility access points and shall only be placed at locations which do not create adverse impact on drainage patterns.
19) If possible, speed humps should be placed near existing street lighting. 20) Speed humps should be installed no closer than 10 feet to the nearest driveway when possible and 25 feet to the nearest fire hydrant.
21) It is preferable to install two humps on the same block but where other requirements would preclude two humps, one is acceptable. Any one series of

ATTACHMENT III

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humps should generally not be greater than one-half mile in length and the end of one series should not be immediately adjacent to another series. 22) Speed humps shall be located so that they are clearly visible for at least 200 feet from each approach.
23) Proposed installations near schools which may impact school bus routes or young bicyclists and pedestrians should be discussed with Hayward Unified School District.
24) Speed humps should be no closer than 110 feet from a bus stop pole for bus pull-in and no less than 30 feet after the pole location for bus pull-out.

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-380
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Development Services

SUBJECT
Adopt a Resolution Converting the Homelessness Housing Task Force to the Housing Policy and Resource Committee

RECOMMENDATION
That the Council adopts a resolution (Attachment II) converting the Homelessness Housing Task Force to the Housing Policy & Resource Committee..End

SUMMARY
On July 8, 2024, the Homelessness-Housing Task Force (HHTF) unanimously recommended that the task force be converted into a permanent, standing committee. The HHTF recommended this action following a work session from the full City Council, which largely supported the idea of converting the task force into a committee but requested that the HHTF reconvene with a recommendation for the task force’s future. Additionally, the HHTF discussed a defined role for the new committee within the context of its stated purpose. The HHTF concurred that the new committee would focus on reviewing impactful projects and policies for community engagement; evaluating new initiatives to propose to be added to the Strategic Roadmap; and be the sole body for receiving annual reports on housing policy implementation to reduce redundancies.

Staff recommend that the City Council authorizes the creation of the standing committee and for it to be named Housing Policy & Resource Committee (HPRC) to reflect its purpose. The HPRC would maintain its current meeting frequency.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
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File #:CONS 24-380
CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Adopt a Resolution converting the Homelessness Housing Task Force to the Housing Policy and Resource Committee

RECOMMENDATION
That the Council adopts a resolution (Attachment II) converting the Homelessness Housing Task Force to the Housing Policy & Resource Committee

SUMMARY
On July 8, 2024, the Homelessness-Housing Task Force (HHTF) unanimously recommended that the task force be converted into a permanent, standing committee. The HHTF recommended this action following a work session from the full City Council, which largely supported the idea of converting the task force into a committee but requested that the HHTF reconvene wi th a recommendation for the task force ’s future . Additionally, the HHTF discussed a defined role for the new committee within the context of its stated purpose. The HHTF concurred that the new committe e would focus on reviewing impactful projects and policies for community engagement; evaluating new initiatives to propose to be added to the Strategic Roadmap; and be the sole body for receiving annual reports on housing policy implementation to reduce redundancies.

BACKGROUND
On January 29, 2019, 1 the City Council established the HHTF to evaluate policies to address the homeless -housing crisis. The HHTF met on a quarterly basis for a two -year period. 1 January 29, 2019 City Council Meeting Agenda and Materials:

Council extended the timeframe of the HHTF twice through consent. The first extension occurred on D ecember 8, 2020, 2 in which Council approved a two -year extension through March 2023. On February 7, 2023,3 Council approved a one-year extension of HHTF through March 2024.

During a work session on April 23, 2024, 4 Council provided feedback to staff regarding converting the task force into a committee, reestablishing the task force on its limited -term basis, or disbanding the task force (allowing staff to refer relevant agenda items to the full Council directly). Council directed staff to request authoriza tion for an additional HHTF meeting to allow the HHTF to discuss its continuance.

On May 21, 2024, 5 the full Council authorized staff to extend the HHTF through an additional meeting for the HHTF members to determine next steps . On July 8, 2024 6, the HHTF convened and recommended the formation of a standing City Council Committee dedicated to housing-related issues.

DISCUSSION
During the July 8, 2024, HHTF meeting, HHTF members determined that that task force should be converted into a permanent, standing City Council Committee. Additionally, the HHTF discussed some of the concerns associated with maintaining the committee such as not hav ing a clear ly defined role, needing to take urgent items directly to City Council , creating redundancies of hear ing the same items at the HHTF and the City Council , and decreased participation of community members. To address the concerns , the HHTF

https://hayward.legistar.com/LegislationDetail.aspx?ID=3846296&GUID=CA787A4B-E77D-4818-BC82- B022B6B4649D
2 December 8, 2020 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=4711809&GUID=0131C7CC-7CF2-4D08-B76D- 6979B7979BEA&Options=&Search=

3 February 7, 2023 City Council Meeting Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6016042&GUID=C496D77A-40FE-428C-A02A- 8857121D52B9&Options=&Search=

4 April 23, 2024 City Council Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6642371&GUID=A5C506D8-AE00-47BF-B889- 9F3856C0DE90&Options=ID|Text|&Search=

5 May 21, 2024 City Council Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6697432&GUID=A13EBE7A-BAAF-49D0-AB12- D095234AA575&Options=&Search=

6 July 8, 2024 Homelessness-Housing Task Force Agenda and Materials:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6728654&GUID=A4DB75BE-8A6F-4FB8-886F- ADB1EED86EC5&Options=&Search=

discussed the role of the HHTF and agreed that the new committee would focus on the following:
 Review non-time sensitive impactful projects or policies to allow opportunity for community engagement and preliminary feedback from the committee;  Identify and evaluate new projects/policies to determine if they should be proposed for inclusion in the Strategic Roadmap; and
 Receive an annual report related to implementation of the City’s housing policies and committee members report the highlights to City Council.

The implication of the refined role is that the new committee would be the terminal body for receiving annual reports (e.g., annual Residential Rent Stabilization and Tenant Protection ordinance (RRSO) and Mobile Home Space Residential Ordinance (MRSO) implementation updates) for housing -related items to avoid a redundanc y in hearing agenda items twice (during the committee and with the full City Council). Committee members would be responsible for relaying pertinent information from such reports to the full City Council as needed. Additionally, urgent items with critical deadlines would proceed directly to the City Council for approval. This includes all items related to homelessness consistent with the State of Emergency on Homelessness adopted by the City Council in January 2024.

Feedback from HHTF
There were additional recommendations by an HHTF member to include zoning-related items and review the Let’s House Hayward Plan. However, zoning-related items are currently under the purview of the Planning Commission . While the new committee may be used to increase community engagement on zoning text amendment related items, requiring staff to receive feedback from both Planning Commission and the new committee will unnecessarily increase staff workload and dilute the role of the Planning Commission.

Furthermore, staff recommends if there are any new items related to addressing homelessness, it could be evaluated by the new committee as a topic to propose for the strategic road map instead of reviewing the Let’s House Hayward Strategic Plan . However, the direction to review the Council-adopted Let’s House Hayward Strategic Plan would need to come from the City Council . The Let ’s House Hayward Strategic Plan resulted from extensive community engagement and would require the same level of commitment to revisit the plan. If it is the direction of the Council to review the Let’s House Hayward Strategic Plan, it would need to be added to the Strategic Road Map.

Name Change
Staff recommends renaming the task force into the Housing Policy & Resources Committee (HPRC). The agenda items that staff have presented before the task force pertain primarily to housing-related policies and resources that accompany such policies (e.g., RRSO and MRSO implementation updates, Rental Registration System overview, ProHousing Designation, and state legislation updates). Items related to homelessness are typically heard by the full council to expedite the City’s response.

Future Agenda Items
Staff has identified the following agenda items to prepare for subsequent meetings. HHTF members have agreed to this tentative schedule, reorganizing and rescheduling items as needed.

September 19, 2024
 Simplification of the Tenant Relocation Assistance Ordinance and increase funding for Emergency Relocation Assistance*
 Adoption of Universal Design Guidelines for Accessible Housing* December 19, 2024
 Update on the City’s State of Emergency for homelessness  Analysis of factors to improve competitiveness for state housing funding  Annual implementation update of the RRSO and MRSO
March 20, 2025
 Development of a Rental Registration System to obtain better data on rent increases, evictions, and occupancy*
*Agenda items proposed in FY 2025+ Strategic Roadmap
Additionally, HHTF members have recommended adding discussion of the topic of Bay Area Regional Housing Bond.

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

STRATEGIC ROADMAP
This agenda item pertains to the Strategic Priority of Preserve, Protect & Produce Housing.

FISCAL IMPACT
This report does not propose any changes or additions that would create a fiscal impact to the City’s General Fund.

PUBLIC CONT ACT
No public outreach was conducted related to this agenda item, however, m embers of the public have expressed a strong interest in converting the HHTF into a permanent, standing City Council committee.

NEXT STEPS
Prepared by: Ayush Patel, Management Analyst I

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

Approved by:

_________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE FORMATION OF THE HOUSING

POLICY & RESOURCES COMMITTEE
WHEREAS, by Resolution No. 19-020, dated January 29, 2019, the City Council of the City of Hayward established the Homelessness -Housing Task Force for a two -year period beginning in March 2019 through March 2021 to help facilitate a more in -depth evaluation of options to address the current homelessness-housing crisis; and WHEREAS, by Resolution No. 20-219, dated December 8, 2020, the City Council of the City of Hayward approved an extension of the Homelessness-Housing Task Force for a two- year period through March 2023 to continue to address homelessness and housing concerns in the City of Hayward; and
WHEREAS, by Resolution No. 23-027, dated February 7, 2023, the City Council of the City of Hayward approved an extension of the Homelessness -Housing Task Force for a one- year period through March 2024 to continue to address homelessness and housing concerns in the City of Hayward; and
WHEREAS, by Resolution No. 24-090, dated May 21, 2024, the City Council of the City of Hayward approved an extension of the Homelessne ss-Housing Task Force for an additional meeting to dete rmine a recommendation regarding the future of the task force; and
WHEREAS, the task force members recommended converting the Homelessness - Housing Taskforce into a permanent, standing committee.

NOW, THEREFORE, BE IT RESOLVED, that the Council authorizes the formation of the Housing Policy & Resources Committee to replace the Homelessness-Housing Taskforce and the Mayor will appoint three members from the Council to serve on the Committee as set forth in the City Council Handbook; and
BE IT FURTHER RESOLVED, that the Housing Policy & Resources Committee will meet on a quarterly basis, similar to the now-defunct Homelessness-Housing Task Force.

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-382
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services

SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the Hayward Area Recreation and Park District for the Twin Bridges Park Basketball Court Renovation and Reimbursement in an Amount Not-to-Exceed $90,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II), authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) Agreement (Attachment III) with the Hayward Area Recreation and Park District (HARD) for the Twin Bridges Park (Park) basketball court renovation and reimbursement in an amount not-to-exceed $90,000.

Through the Agreement, HARD assumes the responsibility of operating and maintaining the park sites per an agreed-upon annual maintenance cost funded from the respective LLAD budgets but capital investments are the City’s responsibility, unless explicitly stated. In Spring 2024, HARD released a competitive bid to renovate basketball and tennis courts at various parks throughout Hayward. One of the parks included in the scope of work is Twin Bridges Park (Park), which is in LLAD 7. The renovation proposal HARD received from bidders was significantly more affordable than the proposals the City received. Staff is requesting the approval to enter into a MOU to reimburse HARD for the basketball renovation costs.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Memorandum of Understanding
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the Hayward Area Recreation and Park District for the Twin Bridges Park Basketball Court Renovation and Reimbursement in an Amount Not-to-Exceed $90,000

SUMMARY
On July 1, 2024, the City and HARD’s Maintenance of Understanding (Agreement) for the maintenance and operations for specific Lighting and Landscape Assessment District (LLAD) Parks went into effect. Through the Agreement, HARD assumes the responsibility of operating and maintaining the park sites per an agreed-upon annual maintenance cost funded from the respective LLAD budgets but capital investments are the City’s responsibility, unless explicitly stated. In Spring 2024, HARD released a competitive bid to renovate basketball and tennis courts at various parks throughout Hayward. One of the parks included in the scope of work is Twin Bridges Park (Park), which is in LLAD 7. The renovation proposal HARD received from bidders was significantly more affordable than the proposals the City received. Staff is requesting the approval to enter into a MOU to reimburse HARD for the basketball renovation costs.

BACKGROUND AND DISUCSSION
The Park, located along Arrowhead Way, has a half-sized basketball court in need of repair.

In Spring 2024, the City received proposals to renovate the basketball court ranging from roughly $100,000 to $150,000. At the same time, HARD released a competitive bid seeking qualified contractors to renovate basketball and tennis courts at multiple parks, including the Park, throughout Hayward. On July 15, 2024, HARD awarded the construction contract to American Asphalt and Repair and Resurfacing, Inc. The proposal HARD received for the

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Park’s renovation was $85,400. Since the capital investment to renovate the basketball court falls outside of the Agreement, the District requested reimbursement from staff. Staff reviewed the proposal HARD received and agreed that entering into a MOU would be appropriate and cost-effective.

Renovations include removal of existing redwood header, asphalt, and colored surfacing paint and installing a new redwood header, graded asphalt, and white half-court striping.

New court rules signage, backboard, and hoop will also be installed. The MOU outlines HARD’s responsibility in renovation and contract oversight. Upon project completion, staff will inspect and verify the work performed and will reimburse HARD for the quoted amount of $85,400. In the event unexpected expenses occur, staff is requesting a 5% contingency for a total MOU amount not-to-exceed $90,000.

ECONOMIC IMPACT

There is no measurable economic impact related to this action by the Council.

FISCAL IMPACT

This item has no impact on the General Fund. The FY 2025 Adopted LLAD Budget appropriated sufficient funds in LLAD 7 (Fund 274) to reimburse HARD.

STRATEGIC ROADMAP AND SUSTAINABILITY FEATURES

This item is a routine operational item and does not directly support Council’s Strategic Priorities or has significant sustainability features.

NEXT STEPS

If Council approves this item, the City Manager will negotiate and execute a MOU.

Prepared by: Manny Grewal, Management Analyst

Recommended by: Todd Rullman, Director of Maintenance Services

Approved by:

________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE HAYWARD

AREA RECREATION AND PARK DISTRICT FOR THE TWIN BRIDGES PARK

BASKETBALL COURT RENOVATION AND REIMBURSEMENT IN AN AMOUNT NOT-TO-EXCEED $90,000
WHEREAS, on July 1, 2024, the City and Hayward Area Recreation and Park District (HARD) entered into a Maintenance of Understanding (MOU) for the maintenance and operations of specific Lighting and Landscape Assessment District (LLAD) Parks that does not include capital replacement investments; and
WHEREAS, HARD rele ased a competitive bid seeking qualified contractors to renovate basketball and tennis courts at multiple parks, including Twin Bridges Park, throughout Hayward; and
WHEREAS, on July 15, 2024, HARD awarded the construction contract to American Asphalt and Repair and Resurfacing, Inc.; and
WHEREAS, HARD requests a $85,400 reimbursement from the City once the Park’s renovation are complete; and
WHEREAS, staff reviewed and approved the proposal HARD received and agreed that entering into a Memorandum of Understanding would be appropriate and cost-effective; and WHEREAS, staff is requesting a 5% contingency in the event of unexpected expenses occur during construction.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute a Memorandum of Understanding with the Hayward Area Recreation and Park District , in a form approved by the City Attorney, for the Twin Bridges Park basketball court renovation and reimbursement in an amount not-to-exceed $90,000.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND THE

HAYWARD AREA RECREATION AND PARK DISTRICT REGARDING TWIN BRIDGES PARK

BASKETBALL COURT RENOVATIONS
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into as of this _________ day of ________________, 2024, hereafter referred to as the "Effective Date," by and between the CITY OF HAYWARD, a municipal corporation, located in the County of Alameda, State of California, hereina fter designated as "City," and the HAYWARD AREA RECREATION AND PARK DISTRICT, an independent special district organized pursuant to the laws of the State of California, hereinafter designated as "District."

RECITALS
WHEREAS, Chapter 4 of Division 5 of the Public Resources Code of the State of California authorizes and empowers any city and recreation and park district to cooperate with each other and to that end enter into agreements with each other for the purpose of establishing community recreation programs and facilities; and WHEREAS, District is the local parks and recreational service provider for the City of Hayward; and
WHEREAS, District and City have a shared vision and mutual interest in providing Hayward residents with the opportunity to participate in recreation activities and access high-quality outdoor areas and developing a unified equitable approach to serving the community's recreational and outdoor needs; and WHEREAS, since December 1944, District and City have collaborated to address youth and community needs for developing and maintaining parks and open spaces and providing recreational opportunities; and WHEREAS, after a successful competitive bidding process, on July 15, 2024, District awarded a contract to American Asphalt and R epair and Resurfacing, Inc. (the “Contractor”) to renovate basketball and tennis courts at various parks throughout Hayward; and,
WHEREAS, one of the parks included in the bidding process is Twin Bridges Park, located at 301 Arrowhead Way in Hayward and which is maintained by District pursuant to the terms and conditions set forth in the Maintenance of Understanding dated July 1, 2024 (the “2024 MOU”) , and capital investment and maintenance costs are funded by property owner assessments collected through a Landscape and Lighting Assessment District;
WHEREAS, Section 8 of the 2024 MOU provides that District shall not make

ATTACHMENT III

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any improvements to Twin Bridges Park unless approved in writing by the City Manager, or designee, and if so approved, then the parties w ill enter into an amendment to the 2024 MOU or into a separate agreement setting forth the terms and conditions for the construction or installation of the improvements; WHEREAS, City and HARD desire to enter into this MOU to evidence the City Manager’s approval of the improvements to the basketball court at Twin Bridges Park, as more fully described herein, and to set forth the terms and conditions for the construction of those improvements.

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

AGREEMENT
City and District hereby enter into this MOU regarding funding for Twin Bridges Park basketball court renovations, under the following terms and conditions:

1. Term. The term shall commence on the Effective Date and shall terminate once the Scope of Services, as described in Section 2, below, is completed and the park renovations are accepted by City as set forth in Section 4, below.

2. Scope of Service s. The Scope of Services shall consist of the renovations to the basketball court at Twin Bridges Park as more fully described in the Memorandum dated Ju ne 28, 2024, re: Project 4 -042-35 Basketball and Tennis Court Renovations – Phase 2 Twin Bridges Park , which is attached hereto as Exhibit “A” and incorporated herein by reference (the “Scope of Services” or “Park Renovations”) . District will manage the construction contract with the Contractor in accordance with the specifications written for Project 4-042-35 for Twin Bridges Park and the Scope of Services.

3. City Manager Approval. The City Manager, or designee, by execution of this MOU, hereby approves the Park Renovations to Twin Bridge Park as set forth herein. This provision is intended to satisfy Section 8 of the 2024 MOU.

4. City Acceptance of Work. District shall provide written notice to City upon Contractor’s completion of the construction of the Park Renovations and City shall have ten (10) days thereafter to inspect the Park Renovations. City shall, within said 10-day period provide written notice to District either accepting the work or identifying any items of the Sco pe of Services that have not been completed or that have not been performed satisfactorily. District shall direct the Contractor to satisfactorily complete the Scope of Services; however, Contractor’s work shall not increase the cost of the work authorize d hereby,

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unless approved in writing by City. If City fails to provide the written notice within the 10-day period, then the park renovations will be deemed approved by City.

5. City Reimbursement of Costs . District shall pay Contractor for the performance of the Scope of Services following Contractor’s completion of the Park Renovations and City’s acceptance thereof. District shall thereafter make a written request to City for reimbursement for the total payments made to Contractor as described in Section 6, below (the “Reimbursement Request”) .

Total reimbursement for District’s payments to Contractor shall not exceed Eighty-five Thousand, Four Hundred Dollars ( $85,400.00). City hereby agrees to pay District the amount set forth in District’s Reimbursemen t Request within thirty (30) days of City receipt thereof and the documents identified in Section 6, below.

6. Billing. District will bill City for reimbursement once the Scope of Services is completed and the Park Renovations have been accepted by City. The request for reimbursement shall include:
(a) Invoice(s) received from Contractor and paid by District for the Park Renovations completed at Twin Bridges Park
(b) Pictures of the renovated basketball court
(c) Any other related documentation, as necessary, such as notice of completion of work

The request for reimbursement should be addressed to:

City of Hayward
c/o MSD: Landscape Maintenance Division
Manny Grewal, Management Analyst
[email protected]

7. Ownership of Renovations . Upon City’s reimbursement to District of the amount of the request for reimbursement for District’s payment(s) to Contractor as described in Section 5, above, City shall own the Park Renovations and District shall have no o wnership interest therein. District shall maintain and repair the Park Renovations as it maintains and repairs other portions of Twin Bridges Park pursuant to the terms and conditions of the 2024 MOU.

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

ATTACHMENT III

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City District
City of Hayward Hayward Area Recreation and Park District c/o City Manager c/o General Manager
777 B Street 1099 E Street
Hayward, CA 94541 Hayward, CA 94541

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

9. Dispute Resolution . The Parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this MOU, subject to the following provisions:
a) A party desiring to meet and confer shall so advise the other party pursuant to a written notice;
b) Within fifteen (15) days after provision of that written notice by the party desiring to meet and confer, or some other date mutually agreed by the parties, the parties shall meet in person and attempt to amicably resolve their dispute. Each party shall send to the meeting a person with the ability to resolve the dispute or to make a recommendation to the General Manager/City Manager to resolve the dispute;
c) The parties shall participate in mediation for any dispute that remains unresolved. The mediator shall be selected by mutual agreement of the parties. The costs of the mediator shall be equally shared by the parties. Each party shall otherwise bear its o wn costs and attorneys' fees related to the mediation; and
d) No party shall file a legal action without first complying with the provisions of this Section 9. The statute of limitations shall be suspended during the duration of the dispute resolution process.

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

11. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of California. Any action to interpret or enforce the term of this MOU shall be filed in the Superior Court of Alameda County. The prevailing party in any such action shall be entitled to an award of reasonable attorney fees and court costs.

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

13. Invalidity. If any provision of this MOU shall be invalid or unenforceable the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law.

14. Counterparts. This MOU may be executed in counterparts, each of which shall constitute an original of the agreement. Signatures delivered electronically or by facsimile shall be as binding as original signatures upon the parties so signing and delivering.

ATTACHMENT III

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IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be lawfully executed as of the Effective Date.

HAYWARD AREA RECREATION AND PARK DISTRICT

By: Date:

James Wheeler, General Manager

Attest:

Secretary, Board of Directors

CITY OF HAYWARD, a Municipal Corporation

By: Date:

Dustin Claussen, Interim City Manager

Attest:

Miriam Lens, City Clerk

Approved as to form: Date:

City Attorney for City of Hayward

Exhibit A: Memo dated June 28, 2024

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-383
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with JMB Construction Increasing the Amount by $20,000 for a Not-to-Exceed Total Amount of $830,000 for the Trash Capture Device Installation on Tennyson Road Project No. 07746

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the professional services agreement (PSA) with JMB Construction increasing the amount for services by $20,000 for a not-to-exceed total amount of $830,000. The PSA with JMB is for the Trash Capture Device Installation on Tennyson Road (“Project”).

SUMMARY
The Project installs two Continuous Deflective Separator (CDS) trash capture devices in the existing storm drainpipes in the I-880 Right-of-Way (ROW) near Tennyson Road to capture trash from the storm water system as part of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board). According to a cooperative implementation agreement between the City and Caltrans to install trash capture projects to achieve mutual trash reduction credit, the project is funded by the California Department of Transportation (Caltrans).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 1
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with JMB Construction increasing the Amount by $20,000 for a Not-to-Exceed Total Amount of $830,000 for the Trash Capture Device Installation on Tennyson Road Project No. 07746

BACKGROUND
The Water Board adopted the current Municipal Regional Stormwater Permit (MRP 3.0) in July 2022. The MRP 3.0 covers storm water discharges from municipalities and local agencies in various Bay Area counties, including Alameda. The permit requires permittees to reduce trash from entering State waters by 100% by 2025 from each jurisdiction’s Municipal Separate Storm Water Systems. As of September 2022, the City has achieved

85.8% credit for trash reduction. Likewise, Caltrans also has a mandate to eliminate trash from stormwater from its ROW. Throughout Caltrans ROW there are very few

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opportunities to install large trash capture devices due to space limitations for installations and direction of stormwater flows along freeways. Caltrans and several cities have looked into collaborative projects to install trash capture devices downstream of Caltrans ROW within city jurisdictions to capture trash in areas required to be treated for trash.

On April 20, 20211, Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of two projects within Hayward: one on Arf Avenue and one on Tennyson Road. On October 25, 20222, Council adopted Resolution No. 22-259 approving the plans and specifications and a call for bids for the Project. In November 2022, staff received and evaluated six (6) bids. On January 17, 20233, Council awarded JMB Construction with the construction contract. In March of 2024 the Project was complete.

DISCUSSION

The Project included installation of two CDS units on two existing 57” stormwater pipes at the Southeast corner of Tennyson Road Overpass and I-880 treating storm water to meet MRP 3.0 trash reduction requirements and mutually benefit the City and Caltrans. The two units capture trash from approximately 436 acres of storm water runoff area and provide approximately 5% trash reduction credit to the City. Caltrans is providing funds to complete this project.

Staff received and reviewed six (6) bid proposals. The engineer’s estimate was $ 964,000.

The lowest bidder was JMB Construction with a $ 737,888 bid, which is 23% below the Engineer’s Estimate. The second lowest bidder was GSW Construction, Inc., with $ 918,000, which is 5% below the Engineer’s Estimate.

The Project was successfully completed with both CDS units online, treating 436 acres. The City has a final project under the cooperative agreement with Caltrans to complete another CDS unit installation on Arf Avenue, which has been successful bid and awarded for contract to treat the final areas in Hayward requiring trash reduction and meeting the 100% trash reduction mandate from the MRP 3.0.

Due to some changes in the construction plans after the award of the contract, including the upgrade of a gravel pad to an asphalt concrete pad as recommended by the City's operation and maintenance staff and the addition of monitoring devices per the comments from Caltrans, the originally allocated 10% contingency was insufficient. These modifications were necessary to meet operational standards and regulatory requirements, resulting in an increased scope of work. Consequently, the project required additional funding to cover these unexpected expenses and ensure successful completion.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=5894955&GUID=682A5AFC-DBD2-4B40-9660-7F7F61EA5B17&Options=&Search= 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=5996141&GUID=3FEF7A1E-BB2C-4444-B7E7-625AFE41CC6B&Options=&Search=

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ENVIRONMENTAL REVIEW

The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities of the CEQA guidelines.

ECONOMIC IMPACT

This item has no direct economic impact to the City but does support the City’s adherence to the Water Board’s environmental goals and the MRP 3.0’s requirements.

FISCAL IMPACT

Per the Adopted FY23 CIP Budget, the Project has a total appropriated budget of $3,000,000 in the Sewer Improvement Fund (Fund 612) to complete both Arf Avenue and Tennyson Road installations. This amount will be fully reimbursed by Caltrans and will have no impact to Fund 612. The project budget is outlined below. This item has no impact on the General Fund. The revised numbers from the additional funds needed to close out the Tennyson Project with JMB is updated below:

Fund Sources:

Sewer Improvement Fund (Fund 612) $3,000,000
Caltrans Reimbursement $3,000,000

Estimated Expenditures:

Engineering & Design $40,000
Testing & Inspection $50,000
Trash Capture Devices (Contech) $315,000
Construction Contract $737,888
Construction Contract – Contingency $92,112
Administration $12,853

Subtotal for Tennyson Road $1,247,853

Remaining for Arf Avenue $1,752,147

STRATEGIC ROADMAP

This item supports Council’s strategic priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following project(s):

Project N22: Meet regulatory requirements for zero trash in stormwater by installing trash capture devices.

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SUSTAINABILITY FEATURES

The CDS units, along with the existing trash capture devices in the City’s storm drain system, will help limit the pollutants that enter local creeks and the San Francisco Bay.

PUBLIC CONTACT

The call for bids was publicized on the City’s website from October to November, 2022.

Prior to and during construction, notices were provided to affected residents, property, and business owners to inform them of the nature and purpose of the work, potential impacts, work schedule, and City contacts for additional information. Staff worked closely with residents and businesses close to the project site to minimize potential impacts.

NEXT STEPS

If Council approves this request, the City Manager will execute Amendment No. 1 to increase the Professional Services Agreement amount by $20,000 for a Not-to-Exceed Total Amount of $830,000 for JMB’s services.

Prepared by: Elisa Wilfong, Water Pollution Source Control Administrator

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH JMB CONSTRUCTION INCREASING THE AMOUNT BY $20,000 FOR A NOT-TO- EXCEED TOTAL AMOUNT OF $830,000
WHEREAS, on January 17 th, 2023, City Council adopted Resolution No. 23-008 awarding JMB Construction to complete the Tennyson Trash Capture Project; and WHEREAS, the FY23 CIP Budget has sufficient appropriated funds to the Project.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to enter into Amendment No. 1 to the Professional Services Agreement with JMB Construction for Project No. 07746, in a form approved by the City Attorney, increasing the contract amount by $20,000 for a total contract not -to-exceed amount of $830,000, in accordance with the plans and specifications adopted therefore and on file in the City Clerk’s Office and for the price named and stated in the bid of the hereinabove specified bidder.

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 24-384
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions 1) Authorizing the City Manager to Execute Change Order No. 42 with S.J. Amoroso for the Global Settlement in an Amount not-to-exceed $2,425,000 to Address Contractor’s and its Subcontractors’ Any and All Outstanding Change Orders and Any and All Outstanding and Future Claims and 2) Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,218,360 for the Final Project Cost for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482

RECOMMENDATION
That Council adopts the attached resolutions (Attachments II, III) authorizing the City Manager to:

1. Execute Change Order No. 42 with S.J. Amoroso (SJA) for the Global Settlement in an Amount not- to-exceed $2,425,000 to Address Contractor’s and its Subcontractors’ Any and All Outstanding Change Orders and Any and All Outstanding and Future Claims, and

2. Authorizing the City Manager to Transfer and Appropriate Additional Funds in the Amount of $3,218,360 for the Final Project Cost.

SUMMARY
The Fire Station 6 and Fire Training Center (FS6/FTC) project commenced construction on August 17, 2020, and was anticipated to be completed in the Fall of 2022. While Fire Department personnel have moved into the new fire station and Las Positas Chabot College District faculty and students have been using the facility, there are remaining outstanding construction items that need to be completed in order to close out the project. It was anticipated that these items would be completed by the end of July 2024; however, several systems still need to be completed. The construction of the project has extended past the contract duration and SJA and its subcontractors have requested time extension including monetary compensation for extended general conditions. Staff have negotiated with SJA to include conditions and is recommending approval for a change order of $2,425,000. This amount plus $793,360 for increases in approved change orders and other project costs will be needed to close out the project. Staff is also requesting the transfer and appropriation of additional funds in the amount of $3,218,360 from the Measure C Fund.

CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
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File #:CONS 24-384

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resolution - Transfer & Appropriation
CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolutions 1) Authorizing the City Manager to Execute Change Order No. 42 with S.J. Amoroso for the Global Settlement in an Amount not-to-exceed $2,425,000 to Address Contractor’s and its Subcontractors’ Any and All Outstanding Change Orders and Any and All Outstanding and Future Claims and 2) Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,218,360 for the Final Project Cost for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482

RECOMMENDATION
That Council adopts the attached resolutions (Attachments II, III) authorizing the City Manager to:

1. Execute Change Order No. 42 with S.J. Amoroso (SJA) for the Global Settlement in an Amount not-to-exceed $2,425,000 to Address Contractor’s and its Subcontractors’ Any and All Outstanding Change Orders and Any and All Outstanding and Future Claims, and

2. Authorizing the City Manager to Transfer and Appropriate Additional Funds in the Amount of $3,218,360 for the Final Project Cost.

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BACKGROUND

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

On November 19, 20191, Council adopted a resolution approving the plans and specifications for the construction of FS6 and the FTC and call for bids after approval from FAA and DSA. On July 7, 2020, Council awarded the construction contract to S. J. Amoroso Construction (SJA).

Construction of FS6/FTC started on August 17, 2020, and with 480 contract working days plus 7 adverse weather days, the substantial completion date was August 9, 2022. Actual construction exceeded the contract duration. Student classes began in August of 2023, when the main building, which is the fire station and classrooms, was ready for occupancy. Fire Station 6 personnel moved into the new fire station in October 2023. While there has been occupancy, there are remaining outstanding construction items that need to be completed in order to have a fully functioning fire station and training center and to close out the project.

Some of these items include a fully functional solar photovoltaic system and battery backup system, fueling system, liquid petroleum gas system, lighting system, completion of punch list and providing closeout documentation.

DISCUSSION

The remaining work as well as completed work took longer due to a number of factors. This complex project included many systems that resulted in over 1300 request for information (RFIs), over 600 change orders and over 2 years of monthly schedule updates. There were also issues with extended procurement time for materials including the electrical switchgear. These changes added one year to the project construction which SJA indicated would amount to $2 million in extended general conditions cost. Staff initially negotiated with SJA for a global settlement of $1 million that included resolving all remaining issues with SJA as well as all of SJA’s subcontractors. These issues included completion of the remaining change order work, subcontractors’ potential claim on material and labor cost escalation, delays, and inefficiencies.

Negotiations were put on hold because SJA received change orders from their subcontractors for monetary compensation for their extended general conditions due to delays. This included one in the amount of $2.4 million . The negotiation was further complicated when a number of systems needed to be re-designed by the design team due to unforeseen proprietary equipment requirements . This included the HVAC system and the solar photovoltaic system and battery backup system which caused additional work and delays.

After months of negotiations with the contractor and working closely with the team hired by the City for the construction management of the project, along with consultation with the City

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Attorney’s Office, staff and SJA agreed on the amount of $2,425,000 for a global settlement to address SJA and its subcontractors’ any and all outstanding change orders and any and all outstanding and future claims for this project.

ECONOMIC IMPACT

This project added classrooms and spaces for training and use by others which may result in positive economic benefits for businesses around the area. Additionally, the local economy and local workforce have been positively impacted during construction of the facilities.

FISCAL IMPACT

The estimated project cost at the time of award of the construction contract are as follows, with revised items & costs shown in bold:

Construction Contract $52,397,000
Construction Contingency (ACO) $5,239,700
Consultant Design $5,000,000
Construction Management Administration $4,000,000
Inspector of Record Service & Special Testing $1,500,000 Demolition of old Fire Station and FTC $425,000
Temporary Housing $500,000
Permit & Utility Fees $940,000
Fixture, Furniture & Equipment $600,000
Staff Construction Administration $300,000
Total $70,901,700

The following details the project estimates from January 2023 for the additional funding of $5,596,800. Changed items from estimated cost at time of award are in bold:

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

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The following details the project estimates from November 2023 for the additional funding of $2,030,000. Changed items from project estimates from January 2023 are in bold:

Construction Contract $52,397,000
Construction Contingency (ACO) $6,400,000
Consultant Design $4,692,270
Construction Management Administration $5,992,000
Inspector of Record Service & Special Testing $2,070,000 Demolition of old Fire Station and FTC $378,494
Temporary Housing $720,117
Permit & Utility Fees $400,000
Fixture, Furniture & Equipment $4,655,364
Staff Construction Administration $823,219
Total $78,528,464

The following details the current project estimates Changed items from project estimates from November 2023 are in bold:

Construction Contract $52,397,000
Construction Contingency (ACO) $6,690,676
Global Settlement (paid through ACO) $2,425,000
Consultant Design $4,692,270
Construction Management Administration $5,955,217
Inspector of Record Service & Special Testing $2,209,187 Demolition of old Fire Station and FTC $378,492
Temporary Housing $763,079
Permit & Utility Fees $496,909
Fixture, Furniture & Equipment $4,802,866
Staff Construction Administration $936,128
Total $81,746,824

Appropriation of Additional Funds

The Adopted FY25 CIP includes a total of $78,498,464 for the FS6/FTC project. Since the previous project cost estimate, many items have increased resulting in a a total increased amount of $793,360. These items consist of construction contingency in approved change orders, inspector of record service & special testing, temporary housing, permit & utility fees, FF&E and staff construction administration. Including the global settlement, the current total estimated project cost of $81,746,824 which exceeds the original amount of $78,498,464.

Therefore, staff recommends that Council authorize the City Manager to transfer additional funds in the amount of $3,218,360 from Measure C Operating (Fund 101) to Measure C Capital (Fund 406) and appropriate the same amount to the Project.

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STRATEGIC ROADMAP

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

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

SUSTAINABILITY FEATURES

This project incorporates sustainability features as they relate to water, energy, and the environment. Additionally, the buildings have been designed to meet Leadership in Energy and Environmental Design (LEED) Silver, or better. The project received LEED Silver from the U.S. Green Building Council.

PUBLIC CONTACT

There is no public contact needed for this item.

NEXT STEPS

If Council approves the resolutions, the Change Order No. 42 with S.J. Amoroso for the Global Settlement in an Amount not-to-exceed $2,425,000 will be executed by the City Manager. Staff will also transfer funds in the amount of $3,218,360 from Fund 101 to Fund 406 and appropriate them to the project.

Prepared by: Dave Hung, 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

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

RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 42 WITH S.J. AMOROSO FOR THE GLOBAL SETTLEMENT IN AN AMOUNT NOT -TO-EXCEED $2,425,000 TO ADDRESS CONTRA CTOR’S AND ITS SUBCONTRACTORS’ ANY AND ALL OUTSTANDING CHANGE ORDERS

AND ANY AND ALL OUTSTANDING AND FUTURE CLAIMS FOR THE FIRE STATION 6 AND FIRE TRAINING CENTER PROJECT , PROJECT NOS. 07481 AND 07482
WHEREAS, by Resolution RES 20 -119, City Council award ed the contract for the construction of Fire Station 6 and Fire Training Center (FS6/FTC) to S.J. Amoroso; and WHEREAS, construction began on August 17, 2020, and would be substantially completed by August 9, 2022; and
WHEREAS, construction time was extended due unforeseen issues; and WHEREAS, Chabot College faculty and students started classes in August 9, 2023 when the main building received beneficial occupancy and in October 2023, fire station personnel occupied the FS6; and
WHEREAS, while the buildings were occupied, there remained outstanding construction items that needed to be completed; and
WHEREAS, S.J. Amoroso requested compensation for extended general conditions not caused by the contractor which staff negotiated for a global settlemen t that included conditions one of which included resolving all issues with all subcontractors.

NOW BE IT RESOLVED that the City Council authorizes the City Manager to execute change order no. 42 with S.J. Amoroso for the global settlement in an amount n ot-to-exceed $2,425,000 to address contractor’s and its subcontractors’ any and all outstanding change orders and any and all outstanding and future claims for the FS6/FTC project.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA , 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ATTACHMENT III

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

RESOLUTION TO AUTHORIZE THE CITY MANAGER TO TRANSFER AND APPROPRIATE ADDITIONAL FUNDS, IN AN AMOUNT OF $3,218,360 FOR THE FIRE STATION 6 AND FIRE TRAINING CENTER PROJECT , PROJECT NOS. 07481 AND 07482
WHEREAS, by Resolution RES 20-119 on July 7, 2020 , the City Council approved awarding the construction contract to S. J. Amoroso in the amount of $52,397,000 and authorizing the City Manager to spend up to $70,901,700 of Measure C funding to construct the Fire Station 6 and Fire Training Center (Project); and WHEREAS, by Resolution RES 23-016 on January 17, 2023 , the City Council approved authorizing the transfer of funds and appropriation of funds in the amount of $5,596,800 from Measure C Operating Fund (Fund 101) to Measure C Fund (Fund 405) to the Fire Station 6 and Fire Training Center (Project); and WHEREAS, by Resolution RES 23-256 on November 14, 2023 , the City Council approved authorizing the transfer of funds and appropriation of funds in the amount of $2,030,000 from Measure C Operating Fund (Fund 101) to Measure C Fund (Fund 405) to the Fire Station 6 and Fire Training Center (Project); and WHEREAS, additional funding is required to support the construction of the Project; and WHEREAS, there is sufficient fund balance in Fund 101 (Measure C Operating) to support the allocation of an additional $3,218,360 toward the Project; and WHEREAS, a transfer from Fund 101 (Measure C Operating Fund) to Fund 406 (Measure C Fund) is required to allocate the said funds to the Project.

NOW BE IT RESOLVED th at the City Council authorizes the transfer of funds and appropriation of funds, in the amount of $3,218,360, from Measure C Operating Fund (Fund 101) to Measure C Fund (Fund 406) to be allocated to the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482.

ATTACHMENT III

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IN COUNCIL, HAYWARD, CALIFORNIA , 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-385
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the Interim City Manager to Appropriate and Transfer $40,000 in Abandoned Vehicle Abatement Revenue from the General Fund to the Fleet Capital Fund for the Outfitting of Two Ford Explorers Used for the Abandoned Vehicle Abatement Program

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the interim City Manager to appropriate and transfer $40,000 in revenue from the Abandoned Vehicle Abatement (AVA) Program from the General Fund (100) to the Fleet Capital Fund (736) for the outfitting of two (2) Ford Explorer Hybrid Interceptors to be used for the AVA program.

SUMMARY
In April 2022, the Hayward Police Department (HPD) requested Council authorization to appropriate and transfer AVA funds to the Fleet Capital Fund to purchase two Ford Explorer Hybrids and outfit them with the proper equipment and decals. Due to inventory shortages, the cost of the vehicles increased by the time the vehicles were available for purchase. The City of Hayward is now in possession of the vehicles, but the Fleet Division needs an additional $40,000 from the AVA funding to outfit the vehicles with the necessary equipment and decals.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the Interim City Manager to Appropriate and Transfer $40,000 in Abandoned Vehicle Abatement Revenue from the General Fund to the Fleet Capital Fund for the Outfitting of Two Ford Explorers Used for the Abandoned Vehicle Abatement Program

BACKGROUND/DISCUSSION
The HPD’s Abandoned Vehicle Abatement (AVA) unit tows vehicles that have been abandoned on city streets as well as private property. Abandoned vehicles have long been an issue in the city and has been the source of numerous citizen complaints. The vehicles are towed under specific laws outlined in the California Vehicle Code (CVC). The program currently receives funds from Alameda County Abandoned Vehicle Abatement Authority (ACAVAA) which are solely authorized for the HPD’s AVA salary and benefits and the purchase of equipment related to the costs of vehicle abatement in the City of Hayward. On 11-28-21, the ACAVAA authorized the purchase of two 2022 Ford Explorer Hybrid Vehicles for the HPD’s AVA program.

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In April 2022, the HPD requested Council authorization to appropriate and transfer AVA funds to the Fleet Capital Fund to purchase two Ford Explorer Hybrids and outfit them with the proper equipment and decals. Due to inventory shortages, the cost of the vehicles increased by the time the vehicles were available for purchase. The City of Hayward is in possession of the vehicles, but the Fleet Division needs additional funding to outfit the vehicles with the necessary equipment and decals. Staff is requesting the appropriation and transfer of $40,000.00 from the AVA Program within the General Fund to the Fleet Capital Fund.

The AVA funds that are provided to the HPD allow the department to allocate the proper resources to address abandoned vehicles in the City. The department has been using the Ford Explorers as the primary vehicle in the Patrol Division for several years. Getting the two additional AVA Explorers outfitted and out into service would allow the department to have two dedicated vehicles for the sole purpose of vehicle abatement.

FISCAL IMPACT

In Fiscal Years 2021-2024, ACAVAA awarded the Hayward Police Department $747,188.34 of which $484,003.69 was expended, leaving a balance of $263,184.65. To fully outfit the vehicles, a transfer and appropriation of $40,000 is required to complete the outfitting of the two dedicated vehicles.

STRATEGIC ROADMAP

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

NEXT STEPS

If the Council approves the attached resolution, staff will transfer $40,000.00 from the General Fund to the Fleet Capital Fund to be appropriated for the outfitting of the two Ford Explorers.

Prepared by: Laura Gomez, Senior Management Analyst

Recommended by: Bryan Matthews, Chief of Police

Approved by:

_____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITYCOUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member _

RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO
APPROPRIATE AND TRANSFER $40,000 IN ABANDONED VEHICLE

ABATEMENT REVENUE FROM THE GENERAL FUND TO THE FLEET

CAPITAL FUND FOR THE OUTFITTING OF TWO FORD EXPLORERS FOR THE

ABANDONED VEHICLE ABATEMENT PROGRAM
WHEREAS, abandoned vehicles have long been an issue in the city and have been the source of numerous citizen complaints; and
WHEREAS, t he City of Hayward’s (City) Abandoned Vehicle Abatement (AVA) program receives funds from Alameda County Abandoned Vehicle Abatement Authority (ACAVAA) to be used solely for the Hayward Police Department’s (HPD) AVA salary and benefits and the purchase of equipment related to the costs of vehicle abatement in the City; and
WHEREAS, the ACAVAA authorized the City’s purchase of two outfitted Ford Explorer Hybrid Vehicles for the Hayward Police Department’s AVA program; and WHEREAS, in April of 2022, the Hayward City Council authorized the purchase and outfitting of two Ford Explorer Hybrid Vehicles for HPD’s AVA program from the funds received by the ACAVAA, but due to supply shortages, the purchase was delayed and prices increased; and
WHEREAS, the City’s Fleet Maintenance Division requires an additional $40,000 in funding from the AVA program budget to outfit the two Ford Explorer Hybrid Vehicles.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the Interim City Manager to appropriate and transfer $40,000 from the General Fund to the Fleet Capital Fund for the outfitting of two Ford Explorers for the HPD’s Abandoned Vehicle Abatement program.

ATTACHMENT II

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IN COUNCIL, HAYWARD, CALIFORNIA ______________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED AS TO FORM:

ATTEST:

City Clerk of the City of Hayward

City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-387
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Agreements with Subgrantee Partners for the Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward Project Nos. 06937 and 06941

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute agreements with subgrantee partners for the Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward Project.

SUMMARY
The City was awarded funding from the California Air Resource Board’s (CARB’s) Clean Mobility in Schools (CMIS) and Sustainable Transportation Equity Project (STEP) Grant Programs for Fiscal Year 2022-2023 to implement Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward (Project). CMIS and STEP are state programs that aim to increase transportation equity by identifying and addressing communities’ transportation needs, increasing access to key destinations and services, and reducing greenhouse gas emissions and vehicle miles traveled. The grant application included partnership with several community organizations (TransForm, Bike East Bay, and Teach Earth Action) and the Hayward Unified School District (HUSD), each of which is responsible for executing some elements of this grant. This action would authorize the City Manager to execute agreements with TransForm, Bike East Bay, and HUSD.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 1
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Agreements with Subgrantee Partners for the Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward Project Nos. 06937 and 06941

BACKGROUND
In July 2023, CARB issued a statewide competitive joint request for applications under the Planning and Capacity Building (Planning), CMIS, and STEP programs with an overarching goal of increasing transportation equity in disadvantaged communities (DAC) throughout California. Through the Low Carbon Transportation Investment Fiscal Year 2022-23 Funding Plan, CARB has allocated $3 million to Planning, $14.8 million to CMIS, and $14.85 million to STEP grants.

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The CMIS program focuses on supporting public school communities by funding innovative and holistic projects with the potential to benefit the school communities and nearby residents. The STEP program supports projects that have the potential to reduce passenger vehicle miles traveled (VMT) and that prioritize long-term mode shifts toward sustainable mobility and VMT reduction. The grant requires partnerships between a lead applicant, sub-applicants, and community partners. Sub-applicants collaborate with the lead applicant (City) to implement the project and community partners serve as key stakeholders and representatives of the community potentially impacted by the project.

The grant included a two-phase process: Concept Phase and Full Phase; the eligible applicants selected during the Concept Phase were invited to the Full Phase.

On January 4, 2024, the City was notified by CARB that the City’s grant application was selected for partial award funding of $5,257,087. Subsequently, CARB reassessed the remaining available funding and announced on March 1, 2024, that the City’s full requested amount of $6,206,508 will be awarded to the City.

On April 23, 20241, the City Council authorized the City Manager to execute the grant agreement with CARB, which was fully executed by both parties on May 27, 2024.

DISCUSSION

The purpose of the grant project, Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward, is to provide and promote safe, affordable active transportation while reducing transportation-related emissions for residents, especially in DAC and low-income (LI) communities. The grant application included several partnerships to help implement the many elements of the grant, including:

- Teach Earth Action (TEA) is supporting outreach and engagement through their unique programs run out of Chabot College.
- TransForm will help facilitate engagement with schools, students, and student families, building on the work they conduct as part of the Alameda County Safe Routes to Schools program
- Bike East Bay (BEB) will host bicycle educational classes and events for students and community members and provide any feedback related to bike parking and the bike voucher program
- HUSD is receiving funding to install bicycle parking and is coordinating with TransForm and the City on engagement with schools, students and student families.

The total budget for the City’s scope of work for the grant project is $6,210,008, which is reimbursement-based after the contract is executed with CARB. This includes a $3,500 contribution from the City to fund outreach activities that are not allowable under the grant terms. The total funding for each of the project partners is listed below.

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Project Description Estimated Cost
Teach Earth Action $73,750
Bike East Bay $145,585
TransForm $221,000
Hayward Unified School District $80,039

Staff have developed a memorandum of understanding (MOU) consistent with City and CARB requirements. The MOU with TEA was executed on July 22, 2024 as the cost is within the City Manager’s signing authority.

ECONOMIC IMPACT

City residents, including students and their families, will benefit from improved active transportation infrastructure, bike subsidies, and active transportation education.

FISCAL IMPACT

There is no fiscal impact to this action. The project is primarily funded by the grant from CARB, with a small allocation of $3,500 from the City to fund outreach items that are not allowable under the grant terms. This funding was accepted, and City funding allocated on April 23, 2024.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Confront Climate Crisis & Champion Environmental Justice and Invest in Infrastructure. Specifically, this project relates to the implementation of the following projects:

Confront Climate Crisis & Champion Environmental Justice Project C6: Improve e-bike adoption through the creation of an e-bike rebate program and ensuring that electric transit infrastructure such as EV chargers also serve e-bike and not just electric cars

Invest in Infrastructure
Project N1: Continue to implement major corridor traffic calming initiatives.

Project N2: Develop a micro-mobility policy (eBikes, eScooters) Project N4: Implement Safe Routes for School, with a focus on Cesar Chavez and Palma Ceia.

SUSTAINABILITY FEATURES

The implementation of the project would encourage and incentivize walking and biking for the residents thereby reducing automobile dependency and greenhouse gas emissions over time.

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PUBLIC CONTACT

Robust public outreach and engagement will be implemented as the project moves forward. All necessary stakeholders and affected neighborhoods, agencies, community- based organizations, and businesses will have opportunities for input and be done in a way that is equitable.

NEXT STEPS

If Council approves this request, the City Manager will enter into agreements with TransForm, Bike East Bay, and HUSD.

Prepared by: Jade Kim, Assistant Transportation Engineer Hugh Louch, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

__________________________________
Dustin Clausen, Interim City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

AGREEMENTS WITH BETWEEN THE CITY AND SUBGRANTEE PARTNERS (TRANSFORM, BIKE EAST BAY, AND THE HAYWARD UNIFIED SCHOOL

DISTRICT) FOR THE SAFE ROUTES AND ACTIVE TRANSPORTATION FOR SCHOOLS AND UNDERSERVED COMMUNITIES IN HAYWARD PROJECT NOS. 06937 AND 06941
WHEREAS, City of Hayward was awarded grant funding of $6,206,508 for the Safe Routes and Active Transportation for Schools and Underserved Communities in Hayward project (Project) through the CMIS and STEP programs that are administered by the California Air Resources Board (CARB) , focusing on increasing transportation equity via the California Climate Investments program, a statewide initiative that invests Cap-and-Trade funding to reduce greenhouse gas emissions, strengthen the economy, and improve public health and the environment, particularly in disadvantaged communities; and WHEREAS, the purpose of the Project is to provide and promote safe, affordable active transportation while reducing transportation -related emissions for residents, especially in disadvantaged communities and includes (1) safe routes to school infrastructure improvements at 12 schools, (2) a Citywide bike voucher program, (3) bike parking installations near the City’s key destinations and school sites, and (4) active transportation education and promotion including bike cla sses, engagement events, and crossing guard training; and
WHEREAS, the grant project included partnerships with several organizations, including TransForm, Bike East Bay (BEB), and the Hayward Unified School District (HUSD), each of which is responsible for executing elements of the Project; and WHEREAS, the City Council accepted the funding for the Project and allocated a local funding amount of $3,500 on April 23, 2024.

WHEREAS, the City of Hayward will work with subgrantees to amend the agreement when and as necessary to adapt to project and community needs and lessons learned during grant implementation; and

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward, that the City Manager is hereby authorized and directed to execute agreements with subgrantees, including:

 An agreement in the amount of $221,000 with TransForm to support outreach and engagement with schools and students;
 An agreement in the amount of $145,585 with Bike East Bay to support training classes and review of the bicycle voucher program;  An agreement in the amount of $80,039 with the Hayward Unified School District to support installation of bicycle parking at HUSD schools and support of the overall project.

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 24-391
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend Professional Services Agreements with CSG Consultants, EKI Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates for On-Call Engineering Support Services, Extending each Agreement by a Duration of 18 Months to June 30, 2026

RECOMMENDATION
That Council authorizes the City Manager to amend existing Professional Services Agreements (PSAs) with CSG Consultants (CSG), EKI Environment & Water (EKI), Harris & Associates (Harris), Lee and Ro, and V.W. Housen & Associates (V.W. Housen) for on-call engineering support services, Extending each Agreement by a Duration of 18 Months with no change in dollar amount.

SUMMARY
The Utilities Division of the Public Works & Utilities Department maintains and improves the City’s water, groundwater, wastewater and recycled water resources and infrastructure. Utilities Engineering staff is responsible for managing design and construction projects as part of the City’s Capital Improvement Program (CIP), reviewing encroachment permits and improvement plans for private development projects, and responding to customers’ engineering inquiries.

In January of 2023, Council Authorized PSAs with CSG, EKI, Harris, Lee and Ro, and V.W. Housen for on- call engineering support and staff augmentation services in an aggregate amount not to exceed $1,500,000, with individual PSAs in amounts not to exceed $500,000. These Agreements were executed in the Spring of 2023 with a contract duration of eighteen months. Without further action, these agreements are set to expire starting in September of 2024.

Staff propose extending each of these agreements for an additional eighteen months, with no modification to the not to exceed dollar amount.

ATTACHMENTS
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
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File #:CONS 24-391
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend Professional Services Agreements with CSG Consultants, EKI Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates for On-Call Engineering Support Services, Extending each Agreement by a Duration of 18 Months to June 30, 2026

In January of 2023, Council Authorized PSAs with CSG, EKI, Harris, Lee and Ro, and V.W.

Housen for on-call engineering support and staff augmentation services in an aggregate amount not to exceed $1,500,000, with individual PSAs in amounts not to exceed $500,000.

These Agreements were executed in the Spring of 2023 with a contract duration of eighteen months. Without further action, these agreements are set to expire starting in September of 2024.

Staff propose extending each of these agreements for an additional eighteen months, with no modification to the not to exceed dollar amount.

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BACKGROUND

The Utilities Engineering staff is responsible for design and construction of projects to maintain the Utilities infrastructure, consisting of potable water distribution, groundwater resources, sanitary sewer collection, wastewater treatment, and recycled water production and distribution. As the City’s infrastructure has aged, increased effort to repair or replace pipeline, mechanical equipment, and facilities are needed to ensure service reliability and compliance with all State and Federal requirements. Following is a brief overview of City utilities infrastructure:

Water Distribution System
The City is serviced by approximately 375 miles of water distribution pipelines. The City obtains its entire water supply from the San Francisco Public Utilities Commission (SFPUC).

Water is delivered to the City by transmission pipelines and pump stations to boost pressure when necessary. The distribution system consists of eight main pressure zones, sixteen water storage tanks, and seven pump stations delivering water to upper pressure zones. The City has approximately 37,500 service connections in various sectors such as commercial, industrial, residential, and institutional/governmental.

Sanitary Sewer System
The City is serviced by approximately 325 miles of sewer mains and nine sewage lift stations. The sewer collection system conveys the wastewater flow to the City’s Water Resource Recovery Facility (WRRF).

Water Resource Recovery Facility
The City owns and operates the WRRF, which provides preliminary, primary, and secondary wastewater treatment. The WRRF treats an average of 11.3 million gallons per day of wastewater generated by the City’s residents and businesses.

Recycled Water System
The City’s recycled water system consists of a one-million-gallon storage tank, a pump station, and a 0.5 million gallons per day membrane treatment plant at the, as well as approximately 8.4 miles of distribution pipelines to deliver an estimated 290 acre-feet per year, or about 260,000 gallons per day, of recycled water to approximately thirty-one customers.

In addition to designing and implementing CIP projects, Utilities Engineering staff plays a critical role in the City’s residential and business development efforts. Staff reviews private development projects, works with developers and businesses to determine water and sewer connection requirements, and responds to customer inquiries related to engineering aspects of the Utilities systems. The staff also reviews the improvement plans for construction of any water and sewer utilities related to private developments.

Utilities Engineering is experiencing ongoing staff vacancies due to turnover and increased competition for experienced and competent engineers. While the City is working diligently to fill the vacancies, in the meantime, it is a challenge to complete critical CIP projects to ensure service reliability.

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Existing on-call Agreements

On January 17, 20231, Council authorized PSAs with CSG, EKI, Harris, Lee and Ro, and V. W.

Housen for on-call engineering support and staff augmentation services in an aggregate amount not to exceed $1,500,000, with individual PSAs in amounts not to exceed $500,000.

These PSAs were executed in March, April and May of 2023 with a contract duration of eighteen months. Without further action, these agreements are set to expire starting in September of 2024.

To date, two tasks have been authorized under these agreements. EKI was awarded a task order for GIS Data Development and Conversion (CIP Project No 07117) for a not to exceed amount of $282,000. V.W. Housen was awarded a task order for staff augmentation for a not to exceed amount of $220,000.

DISCUSSION

Table 1 Below Indicates the Authorized and Remaining dollar amounts for each contract.

All Contracts have remaining un-allocated budgets.

Table 1: Remaining Contract Amount for On-Call Contracts Firm Authorized
Amount
Executed Task
Orders
Remaining
Amount
CSG $500,000 $0 $500,000
EKI $500,000 $282,000 $218,000
Harris $500,000 $0 $500,000
Lee and Ro $500,000 $0 $500,000
VW Housen $500,000 $220,000 $280,000
Total Authorization $2,500,000* $502,000 $1,998,000*
* Staff will continue to recognize the aggregate limit of $1,500,000 authorized under Resolution 23-003 with a remaining aggregate amount of $998,000. Staff are not requesting an increase in the aggregate limit.

Staff recommend extending the duration of all 5 agreements to provide general engineering, project planning and management, construction management, and staff augmentation services by eighteen months, with no change to the authorized dollar amounts. Staff will continue their current practice of preparing a scope of work and request proposals and budget estimates from a minimum of three of the most qualified consultants for each project. Following review of the qualifications of the proposed team, schedule for performing the work, and reasonableness of fee, the City will select and authorize a consultant to perform the work.

ECONOMIC IMPACT

Replacing and improving the City’s water and wastewater infrastructure are part of an effort to, pursuant to Council direction, modernize and upgrade existing infrastructure. The

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various projects will reduce operations and maintenance costs associated with servicing the systems. The community will enjoy the benefits of the projects, including the continued service reliability of the water and wastewater systems. Furthermore, robust and reliable water and wastewater infrastructure can help foster economic development and viability in the City.

FISCAL IMPACT

The PSAs will be funded from both CIP and operating funds, depending on the nature of the work. The Adopted FY 2025 through FY 2034 CIP includes funding for the services and projects described below. Services will be rendered on an on-call basis. Sufficient funding is available to ensure expenses for services authorized and rendered. Examples of projects for which consultant assistance may be used are listed in Tables 2 through 4.

Table 2. Water Replacement Fund (Fund 603)
Project No. Project Title Estimated
Design Budget
07059 Garin South Reservoir Coating $45,000
07062 Hesperian Pump Station VFD and Motor Drive
Replacements
$100,000
Subtotal $145,000

Table 3. Sewer Replacement Fund (Fund 611)
Project No. Project Title Estimated
Design Budget
07624 Harder Road Sewer System Improvements $200,000
07673 WRRF Chlorination System Improvement $250,000
07762 Airport Lift Station Improvements $50,000
07806 WRRF Effluent Channel Return Pump Improvements $75,000 Subtotal $575,000

Table 4. Sewer Improvement Fund (Fund 612)
Project No. Project Title Estimated
Design Budget
07622 Ward Creek Tiegen Drive Sewer Replacement $50,000 07624 Harder Road Sewer System Improvements $200,000
07745
Marathon Lift Station Motor Control Center
Replacement $38,000
07806 WRRF Effluent Channel Return Pump Improvements $75,000 Subtotal $363,000

Total (Table 2 through 4) $1,083,000

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Work will only commence as authorized by the City and after staff has implemented the process described in the Discussion section of this report. No change is proposed to the total available amount of the on-call agreements, which will remain at $1,500,000.

STRATEGIC ROADMAP

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

Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers N20: Replace an Average of 2.5 miles of sewer lines annually

SUSTAINABILITY FEATURES

The replacement and improvement of sewer facilities reduce the risk of sewer overflows, which can cause untreated wastewater to flow into public waterways. Furthermore, the replacement and improvement of water facilities reduce potable water and energy losses.

Finally, investment in improving WRRF infrastructure helps maintain and improve the health of the San Francisco Bay which is vital for the region and state.

PUBLIC CONTACT

There is no public contact associated with this item.

NEXT STEPS

If Council approves, staff will finalize contract amendments with CSG Consultants, EKI Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates and issue a Request for Proposals for specific services and projects as needed.

Prepared by: Kyle Carbert, Senior Utilities Engineer

Reviewed by: Suzan England, Utilities Engineering Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND

PROFESSIONAL SERVICES AGREEMENT S WITH CSG CONSULTANTS, EKI ENVIRONMENT & WATER, HARRIS & ASSOCIATES , LEE AND RO, AND V. W.

HOUSEN & ASSOCIATES, FOR ON-CALL ENGINEERING SUPPORT SERVICES , EXTENDING EACH AGREEMENT BY A DURATION OF 18 MONTHS TO JUNE 30, 2026 WITH NO CHANGE IN DOLLAR AMOUNT
WHEREAS, the City of Hayward (City) owns, operates and maintains a water distribution system, wastewater collection and treatment facilities and a recycled water system; and
WHEREAS, Utilities Engineering staff is responsible for managing Capital Improvement Projects (CIP), reviewing private development projects, and respond ing to customers’ inquiries related to water, sanitary sewer, wastewater treatment, and recycled water; and
WHEREAS, increasing economic growth and development in the City combined with vacancies in the utilities engineering division is impacting staff’s abilities to complete critical CIP projects and customer service responsibilities; and WHEREAS, staff has determined that consultant assistance is necessary to implement some CIP projects and augment staff resources on a short-term basis; and WHEREAS, in 2023 , on call agreements were executed with five engineering consulting firms which are set to expire in 2024.

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, amendments to the existing Professional Services A greements with CSG Consultants, EKI Environment & Water, Harris & Associates, Lee and Ro, and V.W. Housen & Associates, for on-call engineering support services, extending each agreement by a duration of 18 months to June 30, 2026 with no change in dollar amount, in a form a pproved by the City Attorney.

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IN COUNCIL, HAYWARD, CALIFORNIA , 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-395
DATE: August 20, 2024
TO: Mayor and City Council
FROM: Assistant City Manager

SUBJECT
Adopt a Resolution Authorizing the City Manager to Award and Appropriate up to $892,826 in Community Development Block Grant Funds for the City’sApproved Annual Action Plans and to Execute Agreements to Initiate the Weekes Branch Library Improvement Project

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to:
(1) Award and Appropriate up to $892,826 in Community Development Block Grant (CDBG) Funds to carry out the City’s approved Annual Action Plans; and
(2) Authorize the City Manager to negotiate and execute an agreement with Hebeler & Company, Design and Construction Consultants to provide construction management services for the Weekes Branch renovation, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $48,000; and
(3) Authorize the City Manager to negotiate and execute a single source agreement with Ross McDonald Co., Inc. to provide customized library furniture and shelving, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $458,000.

SUMMARY
The United States Department of Housing and Urban Development (HUD) requires that the City submits an Annual Action Plan to identify projects and activities to receive Community Development Block Grant (CDBG) funds, certify the City’s compliance with federal regulations and act as an application for future HUD funding.

Action Plan projects include activities such as expanding affordable housing, housing preservation, and permanent supportive housing, community development of public facilities, economic development, and public services. The City is required to utilize CDBG funds as indicated in the annual action plans, unless CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
powered by Legistar™
File #:CONS 24-395
otherwise amended. As a CDBG grantee, the City is also required to adhere to timely performance and must carry out its program in a timely manner.

In recent years, the City has initiated several CDBG-funded projects addressing unmet needs across the City that align with the City’s approved annual action plans to serve residents of low- and moderate- income area. As an extension of these efforts, staff is recommending approving the use of CDBG funds to address a critical need identified at the Weekes Branch Library, which provides vital services to predominantly low-income, high-need, and historically under-served South Hayward residents.

Improvements to Hayward Public Library’s Weekes Branch will provide residents and families a functional, safe, and modernized community hub for after-school activities, employment development tools and online services, and an array of cultural and literacy services for people of all ages. There is a need to develop more resources and community gathering spaces for meetings and programming in South Hayward. The Weekes Branch Renovation supports the efforts to activate the area.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT Adopt a Resolution Authorizing the City Manager to Award and Appropriate up to $892,826 in Community Development Block Grant Funds for the City’s Approved Annual Action Plans and to Execute Agreements to Initiate the Weekes Branch Library Improvement Project

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to:
(1) Award and Appropriate up to $892,826 in Community Development Block Grant (CDBG) Funds to carry out the City’s approved Annual Action Plans; and (2) Authorize the City Manager to negotiate and execute an agreement with Hebeler & Company, Design and Construction Consultants to provide construction management services for the Weekes Branch renovation, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $48,000; and (3) Authorize the City Manager to negotiate and execute a single source agreement with Ross McDonald Co., Inc. to provide customized library furniture and shelving, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $458,000.

Action Plan projects include activities such as expanding affordable housing, housing preservation, and permanent supportive housing, community development of public facilities, economic development, and public services. The City is required to utilize CDBG funds as indicated in the annual action plans, unless otherwise amended. As a CDBG grantee, the City is also required to adhere to timely performance and must carry out its program in a timely manner.

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In recent years, the City has initiated several CDBG-funded projects addressing unmet needs across the City that align with the City’s approved annual action plans to serve residents of low- and moderate-income area. As an extension of these efforts, staff is recommending approving the use of CDBG funds to address a critical need identified at the Weekes Branch Library, which provides vital services to predominantly low-income, high-need, and historically under-served South Hayward residents.

BACKGROUND

The Weekes Branch of the Hayward Public Library (HPL) system was built in 1964 and last remodeled in 2001. While it remains an important and utilized branch, years of wear and tear have led to noticeable deterioration, resulting in a less-than-welcoming environment for visitors. The need for renovations is urgent to restore the branch’s appeal and functionality, ensuring it continues to serve the community effectively. Upgrading the facility will not only enhance the overall experience for patrons but also reinforce its role as a vital community resource

The Weekes Branch Library, one of two libraries that serve nearly 160,000 Hayward residents, has become under-utilized. In 2018-2019 the ratio of items checked out at Weekes Branch compared to the Downtown Library was 1:3; in 2021-2022 this ratio dropped to 1:10.

Improvements to Weekes Branch will reactivate a vital resource for South Hayward community members and provide space for diverse services in an under-resourced area of Hayward. Renovating the Weekes Branch is a crucial step toward creating a more equitable Hayward.

DISCUSSION

The City of Hayward is in need of renovating Weekes Branch to reactivate the space for South Hayward community members and to provide space for diverse resources in response to community need and 21st century technological needs. Currently, the City of Hayward lacks funding to revamp Weekes Branch with furniture and furnishings to bring the facility up-to-date and create a safe and welcoming space for the community. The Weekes Branch renovation project will increase community use and access to Library resources while providing a safe welcoming space for all. By creating a safe and welcoming space, the City anticipates the growth of programming attracting community members to use the facility again, and also improving the Community Meeting Room for free public access to book meetings and special events.

HPL’s goal is to make the inside of Weekes Branch as welcoming and safe as possible for the community. With the easing of the pandemic, HPL has restarted in-person programming which is extremely popular. It is clear that families see the Library as a safe space and a resource to support education and personal growth; and the availability of free

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materials and services continues to be an excellent incentive for families to (re)discover and visit the Library.

Census data reveals that 8.5% of Hayward residents live in poverty. About 10% of Hayward residents live in a household with no broadband internet subscription, and about 5% live in a household with no computer. Many households that do have computers and internet access, and often have a shared computer making it hard for younger children to access computers when they must compete with older siblings and parents whose needs take priority.

In addition, parents and caregivers, who may not be computer-comfortable or who don’t speak English often struggle to guide their children in making safe and informed choices online. To address these issues, HPL offers young children preloaded computers that do not have access to the internet. These computers feature engaging and educational games, puzzles, and other resources available in both English and Spanish, ensuring that children can enjoy a safe and enriching learning experience. This initiative not only supports children's development but also helps bridge the gap for families facing technological challenges.

Many families in South Hayward lack discretionary income to buy books, DVDs, and other materials. The updated Weekes Branch will create a comfortable space for community members to access library materials for check-out or browsing onsite and will provide access to up-to-date learning resources and community spaces, ensuring that everyone has the opportunity to engage with educational materials and participate in local programs. This enhancement will not only support literacy and learning but also foster a sense of community among residents. Furthermore, community members and partners in South Hayward lack access to community space to host meetings/programming. The Weekes Branch meeting room is one of the few free meeting options available in South Hayward, but its current condition is a significant barrier to community engagement. A complete renovation of the space is essential to enhance its appeal and accessibility for community rentals and use.

Upgrading the room will create a more inviting and functional environment, making it an attractive option for public gatherings and activities. Investing in this renovation will not only benefit the community but also encourage greater participation in local events.

Crime rates in Hayward are comparatively high, with the FBI reporting a total of 3,653 crimes per 100,000 residents in 2021. This figure is 55% higher than the national average of 2,346 and 41% above the State’s average, which stands at 2,581. A significant number of these crimes occur in South Hayward, contributing to a declining sense of safety and confidence in community spaces. This environment not only affects residents’ willingness to engage in community activities but also underscores the urgent need for improvements in safety and infrastructure. Addressing these issues will be crucial for fostering a more secure and welcoming atmosphere for all community members.

The City is leveraging multiple funding sources. On June 18, 2024, Council authorized the use of two sources of funding to support this project1. In an effort to identify additional resources to support the renovations at Weekes Library, Library staff engaged with the Community Services Division to explore the use of CDBG funds to carry out this project. Staff have

1 June 18, 2024, Council Staff Reports and Attachments https://hayward.legistar.com/MeetingDetail.aspx?ID=1203659&GUID=8157C530-9F99-4213-B5B2- BA5D55A549D7&Options=info|&Search=

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determined that the project is eligible for CDBG funding and aligns with the City’s approved annual action plans. Improvements to neighborhood facilities, including libraries, are eligible activities under CDBG. Safe and accessible infrastructure is essential to quality of life and to building communities that support community diversity and stability. Two determining factors in selecting the Weekes Library Improvement project over other activities included the timely use of funds and the ability to meet CDBG regulations, including Build America, Buy America Act (BABAA). BABAA, enacted in November 2021, focuses on maximizing the federal government’s use of services, goods, products, and materials produced and offered domestically, and requires that all iron, steel, manufactured products, and construction materials used in federally funded projects for infrastructure must be produced in the United States.

Table 1 below shows the different sources of funding, the intended use, authorizing resolutions and the amounts of funding by source.

Table 1 Funding Sources in Support of Weekes Branch Library Improvement Project

Source of Funding Intended Use Authorizing
Resolution
Amount
California State University,
East Bay’s (CSUEB) Hayward
Promise Neighborhoods
Weekes Branch meeting
room and Children’s Room
furniture and equipment
Resolution
24-118
$100,000
Friends of the
Library/Sunlight Giving
Weekes Branch Children’s
section and equipment
Resolution
24-123
$40,000
CDBG funding Infrastructure
Improvements
(Architectural Assessment,
paint, carpet, lighting, HVAC
improvements, landscaping,
fencing, and shelving
landscaping, fencing, and
shelving.
$892,826
Total $1,032,826

The CDBG funding, in the amount of $892,826, is essential to offset the gap to provide significant infrastructure improvements in alignment with the needs presented in the Weekes Branch Architectural Assessment such as paint, carpet, lighting, HVAC improvements, landscaping, fencing, and shelving.

Weekes Branch Renovation Scope of Work

The planned improvements at Weekes Branch Library will encompass upgrades both inside and outside of the building. A new fencing installation around the property will enhance safety, protect the improved landscaping from unauthorized use during non-operating hours, and create additional secure area for expanded Library programming. Interior enhancements will focus on making the Library a more inviting space. These upgrades will include repainting the interior, removing and replacing old carpeting, and installing new molding throughout the building. To improve airflow and circulation, the HVAC system will be extended into the data room, preventing potential damage to equipment. A new lighting system will be installed

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inside and outside, serving dual purposes: enhancing functionality and increasing safety- key components in creating a welcoming and safe Library environment. Additionally, new bookshelves and shelving will be mounted to securely display library materials. Overall, the rehabilitation of the Weekes Branch will prevent further decline of the facility while supporting the community's overall development and reactivation of the Weekes area. These improvements will help foster a more vibrant, safe, and accessible space for all community members.

Staff also seeks authorization for the City Manager to negotiate and execute an agreement with Hebeler & Company, Design and Construction Consultants to provide construction management services for the Weekes Branch renovation, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $48,000. The proposal for construction management services includes:

 Specialized review and recommendations on the Bid and Schedule from each of the suppliers/installers and Library staff
 Establishment of a construction schedule that integrates the work of each selected bidder (supplier/installer) and the Library management team  Inspection of on-site work for each supplier/installer at all stages of preparation, execution, and completion
 Organization and facilitation of a punch list walk with Library management and the re- inspection team upon completion of work
 Provide review and recommendations for each of the pay applications submitted by each supplier/installer within 3 working days of receipt  Facilitate Communication between City staff and vendors  Assist with the coordination and development of scope of work for the bidding process for installers/suppliers

Additionally, staff seeks authorization from the City Manager to negotiate and execute a single source agreement with Ross McDonald Co., Inc., to provide customized library furniture and shelving at Weekes Branch Library, in an amount not to exceed $458,000.

Since 1969, Ross McDonald Co., Inc. has furnished library equipment in thousands of public, academic, school, and private libraries in Northern California. The vendor specializes in collaborating with libraries to compassionately re-envision public spaces, making them more welcoming and accessible to diverse communities. Services include generated drawings to facility specifications/dimension, in-house services such as removal of existing furniture and storage of Library collections/materials, and installation of new furnishings and shelving, including the re-shelving of Library materials. Ross McDonald Co., Inc. is one of the only full-service providers in Northern California that offers all desired furniture specifications at competitive pricing that match in dimension and finish needs necessary for the Weekes Branch renovation, within necessary timelines. In addition, this vendor provides in-house installation services in the timeframe desired for project completion and they have the capability to store furniture if necessary. This vendor has been selected to render services for the CSUEB and Friends of the Library/Sunlight Giving funding for this project. Staff have worked with this vendor for nearly eight months to identify furniture and shelving needs and they have designed furniture to meet the Weekes Branch Library’s spacing requirements. It would be challenging to subcontract with another vendor and maintain congruency throughout the library, which is essential to ensure that design elements and overall aesthetics are consistent across all areas. Selecting another

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vendor may also create challenges in meeting the timelines for spending down CDBG special revenue funds. The transition process could lead to delays in project execution, complicating compliance with funding requirements and potentially risking the availability of these critical resources. Maintaining the current vendor ensures continuity and helps keep the project on schedule, allowing for efficient utilization of the funds.

ECONOMIC IMPACT

These recommended projects and purchases have a collective positive economic impact on the community by enhancing community safety and quality of life.

STRATEGIC ROADMAP

These recommended projects and purchases support the City’s Strategic Roadmap priority areas of Improve Infrastructure and Support Safety and Quality of Life. They also support the Education City and Racial Equity Lens.

FISCAL IMPACT

The City has sufficent CDBG Entitlement to support this project. This action will appropriate $892,826 from the CDBG Fund (Fund 225). CDBG funds are typically reimbursement-based, so the City must first incur eligible expenses related to projects before receiving reimbursement from the grant.

In June 2024, Council adopted a Resolution 24-118, authorizing the City Manager to accept and appropriate $100,000 in CDSS from California State University, East Bay’s Hayward Promise Neighborhoods.

The Friends of the Library have donated $40,000 in funding received from the Sunlight Giving foundation. Resolution 24-123 authorizes the City Manager to accept and appropriate donations up to $250,000.

PUBLIC CONTACT

As part of the annual Community Agency Funding process, the City opens a public comment period to collect community feedback on the annual recommended funding allocations and the Annual Plan. No public comments were received regarding the Annual Action Plans and the intended use of these funds. Additional public engagement was not conducted or required for this award.

NEXT STEPS

If Council approves this item, staff will work with the City Manager to negotiate and execute an agreement with Hebeler & Company, Design and Construction Consultants for construction management services and a single source agreement with Ross McDonald Co., Inc., to provide customized library furniture and shelving at Weekes Branch Library. Staff will return to Council for authorization to negotiate and execute agreements with a general contractor and other vendors as needed once the Request for Proposal process is completed.

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Prepared by: Carol Lee, Acting Community Services Manager Lindsey Vien, Deputy Director of Library Services

Recommended by: Regina Youngblood, Assistant City Manager

Approved by:

___________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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HAYWARD CITY COUNCIL
RESOLUTION NO. 25-____
Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD AND
APPROPRIATE UP TO $892,826 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE CITY’S APPROVED ANNUAL ACTION PLANS AND TO

EXECUTE AGREEMENTS TO INITIATE THE WEEKES BRANCH LIBRARY

IMPROVEMENT PROJECT
WHEREAS, in recent years, the City has initiated several CDBG -funded projects addressing unmet needs across the City that align with the City’s approved annual action plans to serve residents of low- and moderate-income area; and WHEREAS, staff is recommending approving the use of CDBG funds to address a critical need identified at the Weekes Branch Library, which provides vital services to predominantly low -income, high -need, and historically under -served South Hayward residents; and
WHEREAS, improvements to Hayward Public Library’s Weekes Branch will provide residents and families a functional, safe, and modernized community hub for after -school activities, employment development tools and online services, and an array of cultural and literacy services for people of all ages; and
WHEREAS, the City of Hayward lacks funding to renovate Weekes Branch with furniture and furnishings to bring the facility up-to-date and create a secure and welcoming space for the community; and
WHEREAS, staff have determined that the Weekes Library Branch Improv ement project is eligible for CDBG funding and aligns with the City’s approved annual action plans; and
WHEREAS, selecting the Weekes Library Improvement project over other activities would be beneficial due to the timely use of funds and the ability to meet CDBG regulations, including Build America, Buy America Act (BABAA); and
WHEREAS, the City has sufficient CDBG Entitlement to support this project; and WHEREAS, on June 18, 2024, Council adopted a Resolution 24 -118, authorizing the City Manager to accept and appropriate $100,000 in CDSS from California State University, East Bay’s Hayward Promise Neighborhoods; and

ATTACHMENT II

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WHEREAS, on the same night, Council adopted Resolution 24 -123 authorizing the City Manager to accept and appropriate Library donations up to $250,000, of which $40,000 from the Friends of the Library received from the Sunlight Giving foundation was allocated towards the library improvement project; and

WHEREAS, construction management services are required for the Weekes Branch Library renovations; and

WHEREAS, Hebeler & Company, Design and Construction Consultants is specially trained to provide such services; and

WHEREAS, Ross McDonald Co., Inc., has been identified to provide customized library furniture and shelving, at Weekes Branch Library for prior funding; and

WHEREAS, it would cause significant challenges to subcontract with another vendor and maintain congruency throughout the library, which is essential to ensure that design elements and overall aesthetics are consistent across all areas; and

WHEREAS, selecting another vendor may also create challenges in meeting the timelines for spending down CDBG special revenue funds; and

WHEREAS, the following items are specifically being recommended:

(1) Award and appropriate up to $892,826 in Community Development Block Grant (CDBG) Funds to carry out the City’s approved Annual Action Plans; and (2) Authorize the City Manager to negotiate and execute an agreement with Hebeler & Company, Design a nd Construction Consultants to provide construction management services for the Weekes Branch renovation, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $48,000; and
(3) Authorize the City Manager to negotiate and exec ute a single source agreement with Ross McDonald Co., Inc. to provide customized library furniture and shelving, at the Weekes Branch Library, located at 27300 Patrick Ave., in an amount not to exceed $458,000; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept and appropriate up to $ 892,826 in Community Development Block Grant (CDBG) Funds to carry out the City’s approved Annual Action Plans by way of completing the Weekes Branch Library Improvement Project.

BE IT FURTHER RESOLVED that the City Council of the City of Hayward authorizes the City Manager to negotiate and execute an agreement with Hebeler & Company , in the amount not to exceed $48,000 , for construction management services as required for the Weekes Branch Library renovations.

ATTACHMENT II

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BE IT FURTHER RESOLVED that the City Council of the City of Hayward authorizes the City Manager to and negotiate and execute a single source agreement with Ross McDonald Co., Inc ., in an amount not to exceed $458,000 , to provide customized library furniture and shelving, at the Weekes Branch Library, located at 27300 Patrick Ave.

IN COUNCIL, HAYWARD, CALIFORNIA __________

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 24-398
DATE: August 20, 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 Association of Management Employees and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding (“MOU”) between the City of Hayward and the Hayward Association of Management Employees (“HAME”) bargaining unit for July 1, 2024, through June 30, 2027.

SUMMARY
The current HAME MOU expired on June 30, 2024. The attached resolution will allow staff to execute a successor agreement with HAME for the term of July 1, 2024, through June 30, 2027. The new agreement will grant cost of living (COLA) salary adjustments totaling thirteen percent (13%) over the three-year contract term, as well as equity salary adjustments for all HAME members who remain three percent (3%) or more under the market median based on a total compensation study completed in December 2023, the addition of continuous service pay (CSP), addition of Juneteenth holiday, and increase the alternate benefits by one hundred dollars ($100.00) per tier. The new contract also includes operational, administrative, and legal language updates.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 1
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DATE: August 20, 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 Association of Management Employees and Authorizing Staff to Execute the Agreement

SUMMARY
The current HAME MOU expired on June 30, 2024. The attached resolution will allow staff to execute a successor agreement with HAME for the term of July 1, 2024, through June 30, 2027.

The new agreement will grant cost of living (COLA) salary adjustments totaling thirteen percent (13%) over the three-year contract term, as well as equity salary adjustments for all HAME members who remain three percent (3%) or more under the market median based on a total compensation study completed in December 2023, the addition of continuous service pay (CSP), addition of Juneteenth holiday, and increase the alternate benefits by one hundred dollars ($100.00) per tier. The new contract also includes operational, administrative, and legal language updates.

BACKGROUND AND DISCUSSION
During the term of its prior contract with HAME, the City worked hard to achieve and maintain fiscal sustainability. Though the City continues to face the challenges of growing pension and retiree health liabilities, the City also recognizes the need to provide competitive salary increases as part of any successor contract to maintain the ability to recruit and retain employees. To do so, and to help mitigate growing costs, the City sought to maintain its cost-sharing structure for major employee benefits including health and retirement. As detailed below, the City was able to achieve both goals in the proposed contract.

As part of the previous contract, the City and HAME conducted a total compensation study for benchmark classifications during the last contract term. The parties recognized

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that to improve the City’s position in the labor market, it would be beneficial to implement equity adjustments based on the total compensation study. The parties agreed that positions which are three percent (3%) or more under the total compensation market median shall receive an equity adjustment bringing them to median.

All equity adjustments are scheduled to be implemented during the pay period including July 1, 2024. In addition to these equity adjustments, the City and HAME also agreed to the following COLA salary adjustments during the contract term:

 Six percent (6%) salary adjustment effective July 1, 2024.  Four percent (4%) salary adjustment effective July 1, 2025.  Three percent (3%) salary adjustment effective July 1, 2026.

Importantly, the proposed contract maintains existing employee contributions toward the employer’s share of retirement costs, medical benefits, dental and vision plans.

Additionally, the City agreed to complete a total compensation survey in advance of the next round of contract negotiations. The parties also agreed that before February 2026, the City will meet with HAME to identify benchmark classifications and internal relationships for those benchmarks for use in the parties’ next salary survey, which will be completed on or about December 1, 2026.

The parties also agreed on several operational, administrative, and legal updates to the contract. Of note, is (i) the City addition of Reproductive Loss Leave as mandated by State law, (ii) an increase in bereavement leave benefit to five (5) paid days, and (iii) an update to the list of classifications eligible to receive safety shoe allowance.

The table below summarizes the key proposed changes in the new MOU.

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Table 1: Key Proposed Changes

MOU Section Updated Language Effective Date
Contract Duration 3-year term:

July 1, 2024 – June 30, 2027
July 1, 2024
MOU Clean-up
Language
MOU Clean-up language throughout. July 1, 2024

6.03 Alternate Benefit Increase Alternate Benefits by one hundred dollars ($100.00) per tier as follows:
 Employee only - $310.00/month
 Employee plus one (1) dependent - $480.00/month
 Employee plus two (2+) dependents - $600.00/month
July 1, 2024

7.17 Cost of Living
Adjustments
FY2024 – six percent (6%) COLA July 1, 2024
FY 2025 – four percent (4%) COLA July 1, 2025
FY 2026 – three percent (3%) COLA July 1, 2026

7.18 Salary Surveys
(Equity Adjustments)
Positions that are three percent (3%) or more under the market median (based on total compensation) shall
receive an equity adjustment that brings them to the
total compensation median.

July 1, 2024

7.18 Salary Surveys
(Equity Study)
The City and the Union shall begin the bidding and
selection process for a survey provider no later than
February 1, 2026.
 This survey must be completed on or about
December 1, 2026, and a final survey report
provided to both parties.
 Before February 2026, the City will meet with HAME to identify benchmark classifications and internal
relationships for those benchmarks for use in the
survey.

Begin the bidding
and selection
process by
February 1, 2026,
and complete by
December 1, 2026.

NEW 7.19
Continuous Service
Pay

Continuous Service Pay Tiers:
 15 years – 2.5%
 20 years – 2.5%
 25 years – 2.5%
Maximum premium of 7.5%
July 1, 2024

8.01 Holidays
Observed by the City
Add Juneteenth to the list of existing City observed
holidays. July 1, 2024

11.01 Bereavement
and Reproductive
Loss Leave
Increase bereavement leave from 3 paid days to 5 paid
days.

Add Reproductive Loss Leave. Reproductive loss events
include failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.
 Full-time Employees are allowed a maximum
of twenty (20) days for reproductive loss in a
July 1, 2024

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twelve (12) month period if multiple events of
reproductive loss occur. Full-time employees
may utilize the initial five (5) paid workdays for
an initia l event. The remaining fifteen (15)
allowable reproductive loss days are unpaid.
 Part-time employees who work a continuous
schedule of twenty (20) or more hours per week
shall be granted bereavement or reproductive
loss leave with pay as necessary on the same
basis as full-time employees, except that the
leave shall be prorated based on the number of
hours worked

16.00 Safety Update the list of classifications eligible to receive safety shoe reimbursement. July 1, 2024

FISCAL IMPACT

The total proposed changes will result in an estimated fiscal impact of $4,547,037 across all funds, over the three-year contract period (FY 2025-FY 2027). Of this amount, the fiscal impact to the General Fund is approximately $1,612,274 over the contract period when compared to projections in the City's General Fund budget model for the same three-year period (FY 2025-FY 2027). FY 2025 budget adjustments will be reflected in the mid-year review.

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 agreement, the City Manager will execute the agreement, and the Finance Department will implement the above changes in coordination with Human Resources.

Prepared by: Marisa Guerrero, Human Resources Manager

Recommended by: Brittney Frye, Director of Human Resources

Approved by:

____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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

RESOLUTION APPROVING THE SUCCES SOR MEMORANDUM OF

UNDERSTANDING BETWEE N THE CITY OF HAYWAR D AND

HAYWARD ASSOCIATION OF MANAG EMENT EMPLOYEES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS the current Memorandum of Understanding between the City of Hayward and Hayward Association of Management Employees (“HAME”) expire d on June 30, 2024; and
WHEREAS the City and HAME reached a tentative agreement for a successor Memorandum of Understanding on July 1, 2024, which grants salary adjustments totaling thirteen percent (13%) over the three-year contract term, equity salary adjustments for all HAME members who remain three (3%) or more under the market median based on a study completed in December 2023 , the addition of C ontinuous Service Pay (CSP), addition of Juneteenth holiday, and an increase to the alternate benefits by one hundred dollars ($100.00) per tier.

WHEREAS the parties agree to conduct an eq uity study before negotiations for a successor contract in FY202 6, with no guaranteed adjustments tied to that future equity study; and
WHEREAS the parties agreed on the addition of Reproductive Loss Leave as mandated by State law and the increase in bereavement leave benefit to five (5) paid days; and
WHEREAS the parties agreed to update the list of classifications eligible to receive a safety shoe allowance; and
WHEREAS the proposed contract maintains existing employee contributions toward the Employer ’s share of retirement costs, medical benefits, dental and vision plans; and

ATTACHMENT II

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WHEREAS the total proposed changes will result in an estimated fiscal impact of $4,547,037 across all funds, over the three-year contract period (FY 2025-FY 2027). Of this amount, the fiscal impact to the General Fund is approximately $1,612,274 over the contract period when compared to projections in the City's General Fund budget model for the same three-year period (FY 2025-FY 2027).

NOW, THEREFORE, BE IT RESOLVED by the C ity 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 Memorandum of Understanding between the City and HAME for the period of July 1, 2024, through June 30, 202 7, a copy o f which will be on file in the Office of the City Clerk.

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 24-399
DATE: August 20, 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 International Federation of Professional and Technical Engineers - Local 21 and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding (“MOU”) between the City of Hayward and the International Federation of Professional and Technical Engineers, Local 21 (“Local 21”) bargaining unit for the period of July 1, 2024, through June 30, 2027.

SUMMARY
The current Local 21 MOU expired on June 30, 2024. The attached resolution will allow staff to execute a successor agreement with Local 21 for the term of July 1, 2024, through June 30, 2027. The new agreement will grant cost of living (COLA) salary adjustments totaling thirteen percent (13%) over the three-year contract term, the addition of continuous service pay (CSP), increase meal allowance to seventeen dollars ($17.00), the addition of the Juneteenth holiday, add an annual City deferred compensation contribution benefit of three thousand dollars ($3,000.00), for members as defined by PEPRA (employees hired on or after May 1, 2012), enhance the Callback premium and Standby Pay, increase the Health and Wellness allowance to seven hundred and twenty dollars ($720.00), add management leave up to eighty (80) hours per calendar year for Fair Labor Standard Act (FLSA) Exempt classifications, and increase professional development reimbursement to four hundred and twenty dollars ($420.00). The new contract also includes operational, administrative, and legal language updates.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
powered by Legistar™
File #:CONS 24-399
CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
powered by Legistar™

Page 1 of 7 ends

DATE: August 20, 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 International Federation of Professional and Technical Engineers - Local 21 and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding (“MOU”) between the City of Hayward and the International Federation of Professional and Technical Engineers, Local 21(“Local 21”) bargaining unit for the period of July 1, 2024, through June 30, 2027.

SUMMARY
The current Local 21 MOU expired on June 30, 2024. The attached resolution will allow staff to execute a successor agreement with Local 21 for the term of July 1, 2024, through June 30, 2027. The new agreement will grant cost of living (COLA) salary adjustments totaling thirteen percent (13%) over the three-year contract term, the addition of continuous service pay (CSP), increase meal allowance to seventeen dollars ($17.00), the addition of the Juneteenth holiday, add an annual City deferred compensation contribution benefit match of up to three thousand dollars ($3,000.00), for members as defined by PEPRA, enhance the Callback premium and Standby Pay, increase the Health and Wellness allowance to seven hundred and twenty dollars ($720.00), add management leave up to eighty (80) hours per calendar year for Fair Labor Standard Act (FLSA) Exempt classifications, and increase professional development reimbursement to four hundred and twenty dollars ($420.00). The new contract also includes operational, administrative, and legal language updates.

BACKGROUND AND DISCUSSION
During the term of its prior contract with Local 21, the City worked hard to achieve and maintain fiscal sustainability. Though the City continues to face the challenges of growing pension and retiree health liabilities, the City also recognizes the need to provide competitive salary increases as part of any successor contract to maintain the ability to recruit and retain employees. To do so, and to help mitigate growing costs, the City sought

Page 2 of 7 ends

to maintain its cost-sharing structure for major employee benefits, including health and retirement. As detailed below, the City was able to achieve both goals in the proposed contract.

To maintain its market position and provide employees with salary adjustments that reflect the growing cost of living in the Bay Area, the sole major economic adjustment in the contract is the agreed-upon COLA salary adjustments. These adjustments are scheduled to be implemented during the pay period including July 1, 2024, and include the following:

 Six percent (6%) salary adjustment effective July 1, 2024.  Four percent (4%) salary adjustment effective July 1, 2025.  Three percent (3%) salary adjustment effective July 1, 2026.

This structure provides the City with a period of fiscal stability as it continues to navigate the impacts of the COVID-19 pandemic, while also providing employees with significant, competitive salary increases over the full contract term.

The City agreed to complete a total compensation survey in advance of the next round of contract negotiations. The City also agreed to update the 2023 salary surveys for specific classifications by December 31, 2025, and in addition, the parties agreed to meet and discuss the results of the updated survey no later than March 31, 2026. Importantly, the proposed contract maintains existing employee contributions toward the Employer’s share of retirement costs, medical benefits, dental and vision plans.

The parties also agreed to several operational, administrative, and legal updates to the contract.

Of note, is the City addition of (i)Reproductive Loss Leave as mandated by State law, (ii) an increase in bereavement leave benefit to five (5) paid days, (iii) addition of language for employees accepting layoff in lieu of “bumping” or filling a vacation position shall receive a severance, and (iv) Change eligibility for Advancement in Step for existing and new employees.

The table below summarizes the key proposed changes in the new MOU:

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Table 1: Key Proposed Changes

MOU Section Updated Language Effective Date
Contract Duration 3-year term:

July 1, 2024 – June 30, 2027
July 1, 2024
MOU Cleanup Language MOU Clean-up language throughout July 1, 2024

1.02 Union Security The City agrees to provide written notice at least ten (10) days before the effective date of
an employee’s transfer into the bargaining unit.

The Union shall be afforded thirty (30) minutes
to meet with all employees hired or transferred
into positions represented by the bargaining
unit.

July 1, 2024

3.05 Employee Options Employees accepting layoff in lieu of “bumping” or filling a vacation position shall receive a
severance of one (1) week of pay for every year
of service, no more than four (4) weeks of pay.

An employee who chooses to receive severance
shall not be placed on the reemployment
eligibility list as set forth in this Article.

July 1, 2024

4.02 Overtime Work Update language for Employees who work more than forty (40) hours in the defined
workweek, and whose classifications are
designated as non-exempt, shall be entitled to
receive overtime pay in accordance with the
FLSA. Employees whose classifications are
designated as exempt are not entitled to
overtime pay.

July 1, 2024

5.00 Special Pay and
Allowances
Section 5.02 Meal Allowance:
 Increase Meal Allowance from $15.00 to
$17.00
July 1, 2024
Section 5.04 Callback Premium:
 An employee who is called in to work
outside of their regular working hours
shall receive a callback premium in the
amount of time and one-half (1.5x) their
regular rate of pay with a guaranteed
minimum of two (2) hours of pay.

July 1, 2024
NEW Section 5.05 Family Counselors
Standby Pay:
 A Family Counselor on assigned
standby shall be provided with a
cellular telephone at the City's expense.

 A Family Counselor on standby who is
called in to work shall receive, in
addition to the standby allowance
provided above, compensation at the
July 1, 2024

Page 4 of 7 ends

overtime rate for work actually
performed with a guaranteed minimum
of two (2) hours work or two (2) hours
pay at the overtime rate.

NEW Section 5.11 Continuous Service Pay
Tiers:
 15 years – 2.5%
 20 years – 2.5%
 25 years – 2.5%
Maximum premium of 7.5%
July 1, 2024

8.03 Eligibility for
Advancement in Pay
Change eligibility for Advancement in Step for
Current Employees as follows:

Step Time-in-Step
A Six (6) months
B Six (6) months
C One (1) year
D One and a half (1 ½) years

E ----

Change eligibility for Advancement in pay for
Future Employees (on or after July 1, 2024) as
follows:

Step Time-in-Step
A Six (6) months
B One (1) year
C One (1) year
D One (1) year

E ----
July 1, 2024

9.03 Deferred Compensation Effective July 1, 2024, for employees defined as PEPRA, the City shall match contributions up to
three thousand dollars ($3,000.00) annually to
the deferred compensation account.

July 1, 2024

10.01 Salaries FY2025 – six percent (6%) COLA July 1, 2024 FY2026 – four percent (4%) COLA July 1, 2025
FY2027 – three percent (3%) COLA July 1, 2026

10.02 Salary Surveys The City shall update the 2023 salary surveys for the following classifications by December 31,
2025:
 Airport Operations Specialist
 Audio Video Specialist
 Hazardous Materials
 Certified Latent Print Examiner
 Community Program Specialist
 Family Counselor
 Fire Protection Counselor and
 Sustainability Technician
Begin the bidding
and selection
process by
February 1, 2025,
and complete by
March 21, 2026.

Page 5 of 7 ends

Parties agree to meet to discuss the results of the
updated survey no later than March 31, 2026.

11.01 Holidays Observed by
the City
 Add Juneteenth to the list of existing
City observed holidays.

July 1, 2024

14.01 Bereavement and
Reproductive Loss Leave
Increase bereavement leave from 3 paid days
to 5 paid days.

Add Reproductive Loss Leave. Reproductive
loss events include failed adoption, failed
surrogacy, miscarriage, stillbirth, or
unsuccessful assisted reproduction.

 Full-time 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 five
(5) paid workdays for an initial event.

The remaining fifteen (15) allowable
reproductive loss days are unpaid.
 Part-time employees who work a
continuous schedule of twenty (20)
or more hours per week shall be
granted bereavement or
reproductive loss leave with pay as
necessary on the same basis as full-
time employees, except that the leave
shall be prorated based on the
number of hours worked

July 1, 2024

14.13 Management Leave Employees who are classified as FLSA Exempt are eligible to receive up to eighty (80) hours
of management leave per calendar year.

 Additionally, Employees may cash
out up to eighty (80) hours of
management leave each calendar
year.

 Employees may cash out up to an
additional forty (40) hours of
management leave and/or vacation
leave, for a total of one-hundred
twenty (120) hours of leave, each
calendar year as outlined in the MOU.

July 1, 2024
NEW 18.09 Diversity, Equity,
and Inclusion
 The City and the Union recognize the
value of creating and maintaining a
diverse, equitable, and inclusive
workforce. The parties commit to
working together during the term of
this contract to build on and advance
July 1, 2024

Page 6 of 7 ends

the City’s diversity, equity, and
inclusion goals.

NEW 18.10 Hayward Thrives  Local 21 members are dedicated to supporting Hayward’s success.

Employees are encouraged to use
their Professional Development and
Health and Wellness reimbursements
at Hayward business wherever
possible, helping to strengthen our
community. Hayward thrives when
we work together.

July 1, 2024

18.11 Health and Wellness Increase and enhance Health and Wellness Benefits as follows:
 For full-time employees an increase
in health and wellness from six
hundred dollars ($600.00) to seven
hundred and twenty dollars
($720.00). This reimbursement may
be made in a lump sum or may be
used for recurring monthly expenses.
 Part-time employees who work less
than forty (40) hours per week shall
be eligible to receive a maximum of
thirty ($30.00) per month for
expenses associated with health and
wellness programs.

July 2, 2024

18.12 Professional
Development Reimbursement
Increase Professional Development
Reimbursement benefits as follows:
 From three hundred and fifty dollars
($350.00) to four hundred and
twenty dollars ($420.00).

July 1, 2024

FISCAL IMPACT

The total proposed changes will result in an estimated fiscal impact of $3,178,684 across all funds, over the three-year contract period (FY 2025-FY 2027). Of this amount, the fiscal impact to the General Fund is approximately $1,740,214 over the contract period when compared to projections in the City's General Fund budget model for the same three-year period (FY 2025- FY 2027). FY 2025 budget adjustments will be reflected in the mid-year review.

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 agreement, the City Manager will execute the agreement, and the Finance Department will implement the above changes in

Page 7 of 7 ends

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

ATTACHMENT II

Page 1 of 2 ends

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

RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HAYWARD AND THE INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS - LOCAL 21 AND AUTHORIZING

STAFF TO EXECUTE THE AGREEMENT
WHEREAS the current Memorandum of Understanding between the City of Hayward and the International Federation of Professional and Technical Engineers, Local 21 ( “Local 21 ”) expired on June 30, 2024; and
WHEREAS the City and Local 21 reached a tentative agreement for a successor memorandum of understanding on July 2, 2024, which grants salary adjustments totaling thirteen percent (13%) over the three -year contract term, the addition of continuous service pay (CSP), and add an annual City deferred compensation contributions benefit match of up to three thousand dollars ($3,000.00) for eligible CalPERS PEPRA tier employees . The new contract also includes operational, administrative, and legal language updates; and WHEREAS the meal allowance will increase to seventeen dollars ($17.00); and WHEREAS the agreement adds Juneteenth as a paid holiday; and WHEREAS the agreement enhances the Callback premium and Standby Pay; and WHEREAS the Health and Wellness allowance will increase to seven hundred and twenty dollars ($720.00); and
WHEREAS the agreement adds eligibility for management leave up to eighty (80) hours per calendar year for Fair Labor Standard Act (FLSA) Exempt classifications; and WHEREAS professional development reimbursement will increase to four hundred and twenty dollars ($420.00).

WHEREAS the parties agree to conduct an equity study with no guaranteed equity adjustments during the contract term; and
WHEREAS the proposed contract maintains existing employee contributions toward the Employer’s share of retirement costs, medical benefits, dental and vision plans; and WHEREAS the parties agreed on the addition of Reproductive Loss Leave as mandated by State law and the increase in bereavement leave benefit to five (5) paid days; and

ATTACHMENT II

Page 2 of 2 ends

WHEREAS the agreement includes addition of language for employees accepting layoff in lieu of “bumping” or filling a vacation position shall receive a severance, and

WHEREAS the agreement changes eligibility for Advancement in Step for existing and new employees.

WHEREAS City agrees to completing a total compensation survey in advance of the next round of contract negotiations. The City also agreed to update the 2023 salary surveys for specific classifications by December 31, 2025, and in addition, the parties agreed to meet a nd discuss the results of the updated survey no later than March 31, 2026.

WHEREAS, t he total proposed changes will result in an estimated fiscal impact of $3,178,684 across all funds, over the three-year contract period (FY 2025-FY 2027). Of this amount, the fiscal impact to the General Fund is approximately $1,740,214 over the contract period when compared to projections in the City's General Fund budget model for the same three-year period (FY 2025-FY 2027).

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 memorandum of understanding between the City and Local 21 for the period of July 1, 2024, through June 30, 2027, a copy of which will be on file in the Office of the City Clerk.

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 24-400
DATE: August 20, 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 Service Employees International Union (SEIU), Local 1021, Maintenance and Operations Unit, and Authorizing Staff to Execute the Agreement

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) approving the Memorandum of Understanding (“MOU”) between the City of Hayward (“City”) and the Service Employees International Union, Local 1021, Maintenance and Operations Unit (“SEIU”) bargaining unit from July 1, 2024, through June 30, 2027.

SUMMARY
The current SEIU MOU expired on June 30, 2024. The attached resolution will allow staff to execute a successor agreement with SEIU, from July 1, 2024, through June 30, 2027. The new agreement will grant cost of living (COLA) salary adjustments totaling thirteen percent (13%) over the three-year contract term, as well as equity salary adjustments for all SEIU Maintenance members who remain three (3%) or more under the market median based on a total compensation study completed on December 31, 2023, enhancement of continuous service pay (CSP), an increase to meal allowance, the addition of Juneteenth holiday, an increase to alternate benefits by one hundred dollars ($100.00) per tier, an increase to the Health and Wellness allowance to seven hundred and twenty dollars ($720.00), an increase to Night Shift Differential, increase shoe allowance for eligible classifications per calendar year at two-hundred and fifty dollars ($250.00), and maximum reimbursement of three hundred dollars ($300.00) if purchased with a vendor within the City of Hayward, enhance employee maximum vacation accrual cap and twice the annual rate to include plus forty (40) hours, add vacation cash out option up to forty (40) hours. The new contract also includes operational, administrative, and legal language updates.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 8/16/2024Page 1 of 2
powered by Legistar™
File #:CONS 24-400
CITY OF HAYWARD Printed on 8/16/2024Page 2 of 2
powered by Legistar™

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DATE: August 20, 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 Service Employees International Union (SEIU), Local 1021, Maintenance and Operations Unit, and Authorizing Staff to Execute the Agreement

SUMMARY
The current SEIU MOU expired on June 30, 2024. The attached resolution will allow staff to execute a successor agreement with SEIU, from July 1, 2024, through June 30, 2027. The new agreement will grant cost of living (COLA) salary adjustments totaling thirteen percent (13%) over the three-year contract term, as well as equity salary adjustments for all SEIU Maintenance members who are three (3%) or more under the market median based on a total compensation study completed on December 31, 2023, enhancement of continuous service pay (CSP), an increase to meal allowance, the addition of Juneteenth holiday, an increase to alternate benefits by one hundred dollars ($100.00) per tier, an increase to the Health and Wellness allowance to seven hundred and twenty dollars ($720.00), an increase to Night Shift Differential, increased shoe allowance for eligible classifications per calendar year at two-hundred and fifty dollars ($250.00), and maximum reimbursement of three hundred dollars ($300.00) if purchased with a vendor within the City of Hayward, create vacation hard cap and enhance employee maximum vacation accrual cap to twice the annual rate plus forty (40) hours, add vacation cash out option up to forty (40) hours . The new contract also includes operational, administrative, and legal language updates.

BACKGROUND AND DISCUSSION
During the term of its prior contract with SEIU, the City worked hard to achieve and maintain fiscal sustainability. Though the City continues to face the challenges of growing

Page 2 of 6 ends

pension and retiree health liabilities, the City also recognizes the need to provide competitive salary increases as part of any successor contract in order to maintain the ability to recruit and retain employees. To do so, and to help mitigate growing costs, the City sought to maintain its cost-sharing structure for major employee benefits, including health and retirement. As detailed below, the City was able to achieve both goals in the proposed contract.

As part of the previous contract, the City and SEIU, conducted a total compensation study for benchmark classifications during the last contract term. The parties recognized that to improve the City’s position in the labor market it would be beneficial to implement equity adjustments based on the total compensation study. As outlined below the parties agreed that:

 Positions that are three percent (3%) or more under the market median for total compensation shall receive an equity adjustment that brings them to the total compensation median.

In addition to these equity adjustments, the City and SEIU also agreed to the following COLA salary adjustments during the contract term.

 Six percent (6%) salary adjustment effective July 29, 2024.  Four percent (4%) salary adjustment effective July 1, 2025.  Three percent (3%) salary adjustment effective July 1, 2026.

This structure provides the City with a period of fiscal stability as it continues to navigate the impacts of the COVID-19 pandemic. It also provides employees with significant, competitive salary increases over the full contract term. The City agreed to complete a total compensation survey in advance of the next round of contract negotiations.

Additionally, the proposed contract maintains existing employee contributions toward the Employer’s share of retirement costs, medical benefits, dental and vision plans.

The parties also agreed to several operational, administrative, and legal updates to the contract. Of note, is the City addition of (i) Reproductive Loss Leave as mandated by State law, (ii) an increase in bereavement leave benefit to five (5) paid days, (iii) an increase to forty hours (40) of sick leave to care for an eligible family member as mandated by State law, (iv) align the Groundskeeper, classification job series equivalent to the Maintenance Worker classification, and (v) Add, “No Strike,” provision.

The table below summarizes the key proposed changes in the new MOU:

Page 3 of 6 ends

Table 1: Key Proposed Changes

MOU Section Updated Language Effective Date
MOU Clean-up Language MOU Clean-up language throughout. July 1, 2024

5.01 Meal Allowance  Increase Meal Allowance from
$15.00 to $17.00
July 29, 2024

5.07 Night Shift Differential Clarify Night Shift Differential shifts and Increase Nightshift Differential by one
dollar ($1.00) per tier as follows:

 Employees assigned to shifts that
include five (5) or more hours
scheduled between the hours of
3:00 P.M. and 11:00 P.M. shall be
paid an additional three dollars
($3.00) per hour for all hours
worked during that window.
 Employees assigned to shifts that
include five (5) or more hours
scheduled between 11:00P.M.
and 7:00A.M. shall receive an
additional four dollars ($4.00)
per hour for all hours worked
during that window.

July 29, 2024

5.08 Heavy Equipment Vehicle
Operation Differential
Update language to include the following
classifications are not eligible to receive
heavy equipment vehicle operation
differential:
 Equipment Operator (M400)
 Sweeper Equipment (M700)
Operator
Lead Sweeper Equipment
Operator (M702)
Add street sweeper to the list of eligible
equipment.

July 1, 2024

5.14 Thermoplastic
Differential
Remove sunset language July 1, 2024

7.04 Alternate Benefits Increase Alternate Benefits by one hundred dollars ($100.00) per tier as
follows:
 Employee only $310.00 per month
 Employee plus one (1) dependent
$480.00 per month
 Employee and two plus (2+)
dependents $600.00 per month
July 29, 2024

9.01 Salaries FY 2024 – six percent (6%) COLA July 29, 2024 FY 2025 – four percent (4%) COLA July 1, 2025
FY 2026 – three percent (3%) COLA July 1, 2026

Page 4 of 6 ends

9.03 Longevity Pay Update Continuous Service Pay to
longevity pay and tier as follows:
 15 years – 2.5%
 20 years – 2.5%
 25 years – 2.5%

Maximum premium of 7.5%
July 29, 2024

11.01 Holidays Observed by
the City
 Add Juneteenth to the list of
existing City observed holidays.

July 1, 2024

12.00 Vacations  Update language to include all
requests for vacation leave
shall be approved or denied in
writing and in advance.

July1, 2024

 Update language for full-time
employees' maximum vacation
accrual cap shall be twice the
annual rate to include plus
forty (40) hours and remove
the soft cap.
 Update language for part-time
employees' maximum vacation
accrual cap shall be twice the
annual rate to include plus
twenty (20) hours and remove
the soft cap.

January 1, 2025
Section 12.02 Vacation Leave
Allowance for Full-Time Employees
 For Full-Time Employees add a
vacation cash-out option for up
to forty (40) hours maximum
per calendar year.
 For Part-Time Employees add
a vacation cash-out option for
up to twenty (20) hours
maximum per calendar year.

July 1, 2024

13.00 Sick Leave  Update language to include a
maximum use of forty (40) hours
to care for an eligible family
member.

July 1, 2024

14.01 Bereavement and
Reproductive Loss Leave
Increase bereavement leave from 3 paid
days to 5 paid days.

Add Reproductive Loss Leave.

Reproductive loss events include failed
adoption, failed surrogacy, miscarriage,
stillbirth, or unsuccessful assisted
reproduction.

July 1, 2024

14.04 Industrial Injury Leave Change the section title to “Worker’s Compensation Leave.”
July 1, 2024

Page 5 of 6 ends

15.00 Grievances Add clarifying language:

Increase City response time to 14 days at
all steps. Increase Union response time to
14 business days at Step 2, and
compensation grievance is not subject to
further review after Step 2.

July 1, 2024

16.01 Safety Shoes Maintain reimbursement amount at two hundred and fifty dollars ($250.00). If
safety shoes are purchased from a vendor
with the City of Hayward the maximum
reimbursement shall be three hundred
dollars ($300.00) per calendar year.

July 1, 2024

16.22 Health and Wellness Increase and enhance Health and Wellness Benefits as follows:

 For full-time employees an
increase in health and wellness
from six hundred dollars
($600.00) to seven hundred
and twenty dollars ($720.00).

This reimbursement may be
made in a lump sum or may be
used for recurring monthly
expenses.

 Part-time employees who work
less than forty (40) hours per
week shall be eligible to receive a
maximum of thirty ($30.00) per
month for expenses associated
with health and wellness
programs.

July 29, 2024
NEW 18.00 NO STRIKE Add NO STRIKE language consistent
with other miscellaneous bargaining
units.

July 1, 2024

19.00 Duration of MOU 3-year term:

July 1, 2024 – June 30, 2027
July 1, 2024
NEW Groundskeeper Salary
Setting
The city agrees to set the
Groundskeeper classification series
equivalent to the Maintenance Worker
series as follows:

 Groundskeeper I – equivalent
to – Maintenance Worker
 Groundskeeper II – equivalent
to – Maintenance Leader
 Groundskeeper III – equivalent
to – Sr. Maintenance Leader
July 29, 2024

APPENDIX A
Salary Survey
Equity Adjustments
 Positions that are three
percent (3%) or more under
the market median (based on
total compensation) shall
July 29, 2024

Page 6 of 6 ends

receive an equity adjustment
that brings them to the total
compensation median.

APPENDIX B
Salary Survey
Equity Study
 The City agrees to perform an
equity study on total
compensation that includes all
benchmark positions for SEIU, by
December 31, 2026.
 The City shall provide the
results of the survey to SEIU,
no later than March 31, 2027.

Begin the bidding and
selection process by
February 1, 2026, and
complete by December
31, 2026.

FISCAL IMPACT

The total proposed changes will result in an estimated fiscal impact of $4,890,637 across all funds, over the three-year contract period (FY 2025-FY 2027). Of this amount, the fiscal impact to the General Fund is approximately $622,840 over the contract period when compared to projections in the City's General Fund budget model for the same three-year period (FY 2025- FY 2027). FY 2025 budget adjustments will be reflected in the mid-year review.

STRATEGIC ROADMAP

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

NEXT STEPS

Prepared by: Marisa Guerrero, Human Resources Manager

Recommended by: Brittney Frye, Director of Human Resources Approved:

Dustin Claussen, Interim City Manager

ATTACHMENT II

Page 1 of 2 ends

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

RESOLUTION APPROVING THE SUCCESSOR MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HAYWARD AND THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 MAINTENANCE AND

OPERATIONS UNIT AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT
WHEREAS, the current Memorandum of Understanding between the City of Hayward and the Service Employees International Union, Local 1021 (“SEIU”) expired on June 30, 2024; and
WHEREAS the City and SEIU reached a tentative agreement for a successor Memorandum of Understanding on August 1, 2024, which grants salary adjustments totaling thirteen percent (13%) over the three-year contract term, equity salary adjustments for all SEIU members who remain three (3%) or more under the market median based on a total compensation study completed in December 2023, enhancement of the Continuous Service Pay (CSP), the addition of Juneteenth holiday, and an increase to the alternate benefits by one hundred dollars ($100.00) per tier, increases to meal allowance, night shift differentials and the health and wellness reimbursement program; and
WHEREAS the parties agree to conduct an equity study before negotiations for a successor contract in FY2026, with no guaranteed adjustments tied to that future equity study; and
WHEREAS the parties agreed on the addition of Reproductive Loss Leave as mandated by State law and the increase in bereavement leave benefit to five (5) paid days; and WHEREAS increase meal allowance to seventeen dollars ($17.00); and WHEREAS the addition of the Juneteenth holiday; and
WHEREAS increase the Health and Wellness allowance to seven hundred and twenty dollars ($720.00); and
WHEREAS the proposed contract maintains existing employee contributions toward the Employer’s share of retirement costs, medical benefits, dental and vision plans; and

ATTACHMENT II

Page 2 of 2 ends

Hayward City CouncilAugust 20, 2024

Hayward City Council
August 20, 2024