Tuesday, September 17, 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
September 17, 2024City Council Agenda
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
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:
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Password: CC9/17@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 884 3941 2405
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CITY COUNCIL MEETING
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Goldstein
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
September 17, 2024City Council Agenda
ROLL CALL
CLOSED SESSION ANNOUNCEMENT
August 27, 2024
September 10, 2024
September 17, 2024
PRESENTATIONS
Childhood Cancer Awareness Month
Hispanic/Latinx Heritage Month
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.
September 17, 2024City Council Agenda
ACTION ITEMS
CITY COMMISSIONS AND KEEP HAYWARD CLEAN AND GREEN TASK FORCE 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.
City Commissions and Keep Hayward Clean and Green Task
Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services
Commission, Keep Hayward Clean and Green Task Force,
Library Commission, Personnel Commission and Planning
Commission (Report from City Clerk Lens)
APPT 24-0021.
Attachments: Attachment I Staff Report
Attachment II Resolution
CONSENT
Approve the Minutes of the Special City Council Meeting on August 13, 2024
MIN 24-0952.
Attachments: Attachment I Draft Minutes of 8/13/2024
Approve the Minutes of the Special City Council Meeting on August 20, 2024
MIN 24-0963.
Attachments: Attachment I Draft Minutes of 8/20/2024
Approve the Minutes of the Special City Council Meeting on August 27, 2024
MIN 24-0974.
Attachments: Attachment I Draft Minutes of 8/27/2024
Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code
CONS 24-4335.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Designated Positions
Attachment IV Disclosure Categories
Attachment V Provisions of Conflict of Interest Code
Attachment VI 2024 Local Agency Biennial Notice
September 17, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Five Consulting Firms, for an Amount Not to Exceed the Total Fiscal Year 2025 Budget
Appropriation of $650,000, to Provide Plan Check, Building Inspection and Permit Technician Services
CONS 24-3816.
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, Clerical and Related Unit, and Authorizing Staff to Execute the
Agreement
CONS 24-4177.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000, in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department CONS 24-4218.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall Third Floor Restroom Remodel in an Amount Not-to-Exceed $225,960
CONS 24-4289.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 Increasing the Contract Amount for Staples Construction Company, Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 by $19,000, for a Total Not-to-Exceed Contract Amount of $1,023,000 CONS 24-43110.
Attachments: Attachment I Staff Report
Attachment II Resolution
September 17, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company, Inc. for the Hayward Animal Shelter Flooring and Wall Upgrade Project RP030 in an Amount Not to Exceed $257,331
CONS 24-43511.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $57,630.69, for the Removal of Underground Fuel Storage Tanks for a Not-to-Exceed
Amount of $162,343, for the Mission Boulevard Corridor
Improvements Phase 3 Project, Project No. 05287
CONS 24-43612.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving Plans and Specifications and Call for Bids for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312
CONS 24-44113.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Proposed Improvements
Adopt a Resolution Rejecting All Bids, Approving Revised Plans and Specifications, and Calling for Bids for the Jackson Street Gateway Monument Sign Project
CONS 24-44314.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt Resolution 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 Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,231,824 for the Final Project Cost for the Fire Station 6 and Fire Training Center Project, Project Nos. 07481 and 07482
CONS 24-45915.
Attachments: Attachment I Staff Report
Attachment II Resolution
September 17, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn &
Associates, Inc., for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944, in an Amount Not to Exceed $549,772.26 and
Appropriate an Additional $92,489.34, from Fund 460 to the Project
CONS 24-47316.
Attachments: Attachment I Staff Report
Attachment II Resolution Amendment for Kimley-Horn
Attachment III Resolution Appropriation of Funds
Adopt a Resolution Authorizing the Interim City Manager to Execute an Economic Development Loan Agreement with the Hayward Economic Development Corporation Setting the
Terms for Repayment of the City’s $8,600,000 Loan and
Finding the Action is Exempt from CEQA Review
CONS 24-47617.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Loan Agreement
WORK SESSION
Work Session items are non -action items. Although the Council may discuss or direct staff to follow up on these items, no formal action will be taken. Any formal action will be placed on the agenda at a subsequent meeting in the action sections of the agenda.
Tree Preservation Ordinance Update: Work Session on the Proposed Policy Recommendations for the Updated Tree
Preservation Ordinance (Report from Development Services Director Buizer)
WS 24-02518.
Attachments: Attachment I Staff Report TPO CC
Attachment II Tree Canopy Survey
Attachment III Benifits of Trees in Urban Areas
Attachment IV Tree Survey Summary
September 17, 2024City Council Agenda
PUBLIC HEARING
Public Hearing for the Adoption of the City of Hayward User Fee Study (Report from Finance Director Gonzales)
PH 24-03919.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III User Fee Study Report
LEGISLATIVE BUSINESS
Fiscal Year 2025 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2025 (Report from Human Resources Director Frye)
LB 24-01920.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III FY25 Revised Salary Plan Effective July 1, 2024 Attachment IV FY25 Revised Salary Plan Effective July 29, 2024 Attachment V FY25 Revised Salary Plan Effective Sep 23, 2024
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 REGULAR MEETING, September 24, 2024,7:00 PM
September 17, 2024City Council Agenda
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.
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: APPT 24-002
DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission
RECOMMENDATION
That the Council adopts a resolution (Attachment II) confirming five (5) appointments and ten (10) reappointments to the City’sCommissions and Task Force as follows: Community Services Commission (1); Keep Hayward Clean and Green Task Force (8); Library Commission (3); Personnel Commission (2); and Planning Commission (1). The resolution also identifies one alternate for the Planning Commission.
Table 1 provides information by meeting body.
SUMMARY
The annual recruitment for City commissions was conducted from May 14, 2024, to August 2, 2024. This year, recruitment for the Community Services Commission and Keep Hayward Clean and Green Task Force (KHCGTF) was not conducted as the Council is currently evaluating the membership size of both groups. There were five vacancies: Library Commission (2); Personnel Commission (2); and Planning Commission (1). A total of twenty-six applications were received by the submission deadline, with twenty -four applicants qualifying for consideration. Following a process for evaluating requests for reappointment, reviewing attendance records and overall performance of eligible members of the City’s commissions and KHCGTF, the Council recommended advancing ten requests for reappointment as presented in Table 1. Certain members’ requests were recommended to continue contingent on completion of required trainings by September 11, 2024, and compliance with the attendance policy within the next six months. Following a pre-screening process and twelve interviews on August 27, 2024, the Council selected six applicants for service on the Library Commission, Personnel Commission and Planning Commission. The resolution (Attachment II) confirming the appointment and reappointment of members contains the names by meeting body.
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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File #:APPT 24-002
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
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DATE: September 17, 2024
TO: Mayor and Council Members
FROM: City Clerk
SUBJECT: City Commissions and Keep Hayward Clean and Green Task Force: Adopt a Resolution Confirming the Appointment and Reappointment of Members of the Community Services Commission, Keep Hayward Clean and Green Task Force, Library Commission, Personnel Commission and Planning Commission
RECOMMENDATION
That the Council adopts a resolution (Attachment II) confirming five (5) appointments and ten (10) reappointments to the City’s Commissions and Task Force as follows: Community Services Commission (1); Keep Hayward Clean and Green Task Force (8); Library Commission (3); Personnel Commission (2); and Planning Commission (1). The resolution also identifies one alternate for the Planning Commission. Table 1 provides information by meeting body.
SUMMARY
The annual recruitment for City commissions was conducted from May 14, 2024, to August 2, 2024. This year, recruitment for the Community Services Commission and Keep Hay ward Clean and Green Task Force (KHCGTF) was not conducted as the Council is currently evaluating the membership size of both groups. There were five vacancies: Library Commission (2); Personnel Commission (2); and Planning Commission (1). A total of twenty- six applications were received by the submission deadline, with twenty -four applicants qualifying for consideration. Following a process for evaluating requests for reappointment, reviewing attendance records and overall performance of eligible members o f the City’s commissions and KHCGTF, the Council recommended advancing ten requests for reappointment as presented in Table 1. Certain members’ requests were recommended to continue contingent on completion of required trainings by September 11, 2024, and compliance with the attendance policy within the next six months. Following a pre-screening process and twelve interviews on August 2 7, 2024, the Council selected six applicants for service on the Library Commission, Personnel Commission and Planning Com mission. The resolution (Attachment II) confirming the appointment and reappointment of members contains the names by meeting body.
BACKGROUND AND DISCUSSION
During the special Council meeting on August 20, 20241, and as provided for in the Counci l Member Handbook, the Council reviewed ten reappointment requests and the annual report of Council’s appointed bodies comprising members’ attendance records and completion of mandatory trainings . During the same meeting, the Council supported staff’s recommendation to continue members, who were identified as not conforming to required mandatory Ethics/Harassment Prevention trainings and not maintaining the seventy -five percent attendance policy, contingent on completion of required trainings by September 11, 2024, and maintaining their attendance in good standing for the next six months. Lack of members’ compliance with the required trainings or attendance policy would warrant their dismissal.
Following current practice, m embers of the Council reviewed and pre -screened all applications and individually communicated their selections the City Clerk’s office as provided in the August 20, 2024, staff report. Fifteen applicants received at least three points and were invited to interview with the Council on August 27, 2024. The August 27, 20242, Council staff report, and attachments provide information about the pre-selected applicants and all the particulars related to the selection/interview process. At the conclusion of the interviews, the City Council selected six applicants for service on City commissions as outlined in Attachment II.
The length of term for the individual identified as the Planning Commission alternate will be good for one year and expire in September 2025. The appointment process will involve two separate actions on the same Council agenda: 1) resolution accepting the resignation of a member; and 2) resolution recommending the alternate to fill the vacated position for the remainder of the unexpired term. The City Clerk’s office will ensure the alternate continues to be interested in serving and will confirm the alternate’s eligibility status prior to recommending for service.
Table 1 summarizes all filled seats and approved requests for reappointment by meeting body. Tables 2 through 6 summarize information by meeting body.
1 8/20/24 Staff Report: CITY OF HAYWARD - Meeting of City Council on 8/20/2024 at 5:30 PM (legistar.com) 2 8/27/24 Staff Report: CITY OF HAYWARD - File #: RPT 24-064 (legistar.com)
TABLE 1: SUMMARY OF FILLED VACANCIES AND APPROVED REAPPOINTMENTS
Body Filled
Vacancies
Approved
Reappointments Total
CSC3 0 1 1
KHCGTF4 0 8 8
LC5 2 1 3
Pers C6 2 0 2
PC7 1 0 1
5 10 15
TABLE 2: COMMUNITY SERVICES COMMISSION (CSC):
TABLE 3: KEEP HAYWARD CLEAN AND GREEN TASK FORCE (KHCGTF):
3 Community Services Commission
4 Keep Hayward Clean and Green Task Force
5 Library Commission
6 Personnel Commission
7 Planning Commission
# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Not Seeking
Reappointment
1 Tyne Johnson 9/12/23 9/30/24 x
2 Elaine Alvite 10/11/22 9/30/24 x
# Name Date
Appointed
Term
Expires
Seeking
Reappointment Resigned
1 Chuck Horner 2/06/07 9/30/27 9/26/2023
2 Blytha Bowers 4/15/08 9/30/24 x
3 Gwenda G. Dossey 9/12/23 9/30/24 x
4 Mohaned Elwali 9/21/21 9/30/24 x
5 Tom Ferreira 9/21/21 9/30/24 x
6 Vikram Gautham 9/12/23 9/30/24 x
7 Douglas Mansel 9/21/21 9/30/24 x
8 Debra Patton 9/10/19 9/30/24 x
9 Chandrakala Siramdas 9/20/22 9/30/24 x
TABLE 4: LIBRARY COMMISSION (LC):
# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Resigned
1 Priscilla Banks 9/10/19 9/30/25 7/1/2024
2 Carl Gorringe 9/15/20 9/30/25 7/1/2024
3 Amalia Navarro 9/15/20 9/30/24 x
TABLE 5: PERSONNEL COMMISSION (PERC):
TABLE 6: PLANNING COMMISSION (PC):
# Name Date
Appointed
Term
Expires
Seeking
Reappointment
Resigned
1 Aidan Ali-Sullivan 9/15/20 9/30/24 x 1/30/2024
FISCAL IMPACT
There is no fiscal impact associated with this report.
STRATEGIC ROADMAP
This agenda item relates to goals outlined in the Council’s Strategic Roadmap. Staff analyzed data pertaining to the composition of members of Council’s appointed bodies. These efforts sought to eliminate racial inequities, mitigate unintended consequences, and advance the goals of the Commitment for an Inclusive, Equitable and Compassionate Community and the 2020 Racial Equity Action Plan. The City made great progress with the passage of Measure OO in November of 2018 which made it possible for Hayward residents to be civically engaged regardless of whether they are registered or eligible to be registered to vote. During this recruitment, staff continued recruitment efforts with an equity le ns in mind and focused efforts in areas lacking representation in current meeting bodies. It is staff’s goal to have Council’s appointed bodies from diverse backgrounds reflecting a diverse, equitable and inclusive community.
# Name Date
Appointed
Term
Expires
Not Seeking
Reappointment Resigned
1 Rachel Zargar 9/15/20 9/30/24 x
2 Megan Sediqui 9/12/23 9/30/27 9/1/2024
PUBLIC CONTACT
Information about the annual recruitment was disseminated via various channels. Table 7 below provides a summary of the outreach efforts related to the recruitment. All related agendas were posted in accordance with the Brown Act.
TABLE 7: OUTREACH SUMMARY:
2024 OUTREACH EFFORTS
DATE
ATTENDANCE/REACH
CITY NEWSLETTER - THE STACK 5/14/24; 7/9/24 53,102 RECIPIENTS ANNUAL EARTH DAY CITYWIDE CLEAN-UP EVENT 4/20/24 ~ 300 ATTENDEES HOMEGROWN IN HAYWARD EVENT 4/27/24 50 ATTENDEES
HAWAIIAN MAY DAY FESTIVAL 5/11/24 10,000 ATTENDEES
HAYWARD LATIN JAZZ FESTIVAL 6/1/24 9,000 ATTENDEES
JUNETEENTH CELEBRATION 6/22/24 4,000 ATTENDEES
ALL AMERICA FESTIVAL 6/29/24 600 ATTENDEES
WATER BILL AND EXCISE TAX MAILER 5/15/24 – 7/18/24 46,445 MAILERS THE PIONEER CSUE ONLINE AD 5/1 - 5/30 STUDENTS
CHABOT COLLEGE WORKSHOP 6/11/24 18 ATTENDEES
DOWNTOWN HAYWARD STREET PARTIES 6/20/24 & 7/18/24 8,000 ATTENDEES SOCIAL MEDIA: FACEBOOK 5/14/24 - 8/2/24 250,951 IMPRESSIONS SOCIAL MEDIA: TWITTER 5/14/24 - 8/2/24 63,254 IMPRESSIONS SOCIAL MEDIA: INSTAGRAM 5/14/24 - 8/2/24 115,893 IMPRESSIONS SOCIAL MEDIA: LINKEDIN 5/14/24 - 8/2/24 31,020 IMPRESSIONS
NEXT STEPS
Following Council’s actions, oaths of affirmation will be administered to newly and reappointed members.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION CONFIRMING THE APPOINTMENT AND REAPPOINTMENT OF
MEMBERS O F THE COMMUNITY SERVICES COMMISSION, KEEP HAYWARD
CLEAN AND GREEN TASK FORCE, LIBRARY COMMIS SION, PERSONNEL
COMMISSION AND PLANNING COMMISSION
WHEREAS, the City conducted its annual recruitment for the Library Commission, Personnel Commission, and Planning Commission; and
WHEREAS, the recruitment for the Community Services Commission and Keep Hayward Clean and Green Task Force was not conducted as the Council is currently evaluating the membership size of both groups; and
WHEREAS, the City Council reviewed fifty-five applications, and interviewed twelve eligible applicants on August 27, 2024; and
WHEREAS, the City Council selected a total of six members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward does hereby confirm the appointment of the following as members of the commissions and task force, for the terms as designated.
APPOINTMENTS
Library Commission
Valery Fredericks (Succeeds Priscilla Banks) September 2025 Joshua De Miguel (Succeeds Carl Gorringe) September 2025
Personnel Commission
Linda Gruel Neff (Succeeds Megan Sediqui) September 2027 Rebecca Parr (Succeeds Rachel Zargar) September 2028
ATTACHMENT II
Planning Commission
Jeffrey Haman (Aidan Ali-Sullivan) September 2028
BE IT FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the reappointment of the below -named persons as member s of the Community Services Commission, Keep Hayward Clean and Green Task Force, and Library Commission, for terms as designated.
REAPPOINTMENTS
Community Services Commission
Elaine Alvite September 2028
Keep Hayward Clean and Green Task Force
Blytha Bowers September 2028
Gwenda G. Dossey September 2028
Mohaned Elwali September 2028
Tom Ferreira September 2028
Vikram Gautham September 2028
Douglas Mansel September 2028
Debra Patton September 2028
Chandrakala (Chandu) Siramdas September 2028
Library Commission
Amalia Navarro
September 2028
BE IT FURTHER RESOLVED that the City Council of the City of Hayward does hereby confirm the selection of the below -named individual as an alternate to fill an unexpired vacancy.
ALTERNATES
Planning Commission
Vasko Yorgov September 2025
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-095
DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the Minutes of the Special City Council Meeting on August 13, 2024
RECOMMENDATION
That the Council approves the special City Council meeting minutes of August 13, 2024.
SUMMARY
The City Council held a special meeting on August 13, 2024.
ATTACHMENTS
Attachment I Draft Minutes of 8/13/2024
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82232366154?pwd=3q1d5bIqtfrSjU4YsvE3s5Y6TBLAWG.1 Tuesday, August 13, 2024, 5:30 p.m.
The City Council meeting was called to order by Mayor Salinas at 5:30 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.
Pledge of Allegiance: Mayor Salinas
Present: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
Absent: None
PUBLIC COMMENTS
Dave Robinson referred to his June 30, 2024, maps submission and discussed two possible districting strategies under the California Voting Rights Act to enhance representation for protected groups; and compared single-member districts, which can appear gerrymandered, with a multi -member district approach using ranked choice voting, highlighting that the latter could better achieve the Act's goals and provide a stronger precedent for other cities.
PUBLIC HEARING
1. Public Hearing No. 3 to Receive Input from the Community on City Council Districts to be Established for District-Based Elections Beginning in 2026 and Provide Initial Direction to Demographer Regarding Draft Maps PH 24-034
Staff report submitted by City Attorney Lawson, dated August 13, 2024, was filed.
Interim City Manager Claussen announced the item and introduced Demographer Karin Mac Donald who provided an overview of the PowerPoint slides.
Mayor Salinas opened the public hearing at 6:03 p.m.
Scott Rafferty expressed concerns about the lack of public input on the proposed district maps, but commended the demographer's work; emphasized the importance of prioritizing the Asian community as a significant community of interest and suggested that maps one (1) and two (2) better reflect this priority than maps three (3) and five (5); noted the challenges of creating a majority Asian district that aligns with neighborhood boundaries, suggesting that while map four (4) demonstrates the possibility, it is not a practical solution; and advocated for extending the deadline for map submissions to allow for more community feedback.
Mayor Salinas closed the public hearing at 6:14 p.m.
2 |A u g u s t 13 , 202 4
Council Member Zermeño requested clarification on whether the Council should provide preferences for the district maps and questioned the relevance of considering ethnicity in the decision-making process to which Karin Mac Donald clarified that while race can be considered, it should not be the predominant factor, and other data such as neighborhood and socioeconomic factors should also be taken into account; expressed his disapproval of certain maps, specifically dismissing map six (6) for lacking compactness and map four (4) for appearing gerrymandered; and indicated a preference for map three (3) as his first choice and map five (5) as his second choice.
Council Member Roche raised concern about the focus on creating a majority Asian district, questioning why similar considerations are not being applied to other racial groups, particularly the Latino population, which is the largest minority in Hayward to which Karin Mac Donald clarified that race should not be the predominant criterion, but all protected minority groups, including Latinos, will be considered when drafting maps ; expressed concern about potentially disenfranchising the Latino vote by reducing their representation in the proposed maps; emphasized the importance of preserving communities of interest, specifically mentioning Fairway Park; and sought legal clarification on whether the settlement agreement or city charter allows for creative districting solutions, such as having three districts with two candidates each to which City Attorney Lawson, through outside counsel Robin Johansen, confirmed that the settlement agreement and the city charter provides for six (6) districts with an at-large mayor, limiting such flexibility.
Council Member Bonilla Jr. asked about general trends in the submitted maps to identify recurring communities of interest that should be protected to which Karin Mac Donald suggested that the Council could prioritize keeping these communities intact and ensuring racial fairness in the maps ; emphasized the importance of not diluting the Latino vote in Hayward, expressing a preference for maps one (1) and two (2), which seem to keep communities together effectively ; dismissed map four (4) for lacking compactn ess and highlighted the need to focus on maintaining the integrity of communities of interest in future drafts.
Council Member Syrop expressed agreement with previous comments dismissing map four (4) as creative but unsuitable for the City's needs; favored maps one (1) and five (5), particularly appreciating how map one (1) structures the downtown area; suggested adjustments to map one (1), specifically recommending that neighborhoods along Mission Boulevard, which he believes have more in common with the Triangle area than with the Hayward Highland district, be grouped accordingly ; emphasized the importance of not splitting neighborhoods, particularly in the Triangle and Eden districts; wanted to ensure that communities of interest are respected; and asked for Council Member Roche's input on whether the Industrial Park south of Fairway Park should be considered part of the Fairway Park neighborhood.
Council Member Andrews raised concerns about the presentation of demographic data, specifically requesting that slides 22 through 26 be adjusted to better isolate the boundaries of Hayward for clearer viewing; and asked if it was possible to show a cross-section of incomes within districts rather than just homogeneous areas, reflecting community interest in having mixed-income neighborhoods within the district maps to which Karin Mac Donald
SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers
https://hayward.zoom.us/j/82232366154?pwd=3q1d5bIqtfrSjU4YsvE3s5Y6TBLAWG.1 Tuesday, August 13, 2024, 5:30 p.m.
acknowledged this feedback and explained that while there are many criteria to consider, including socioeconomics, racial fairness, and neighborhood boundaries, they will try to accommodate these preferences in the draft maps.
Council Member Roche mentioned the Fairway Park neighborhood is traditionally defined by Industrial Boulevard and South and recommended considering this boundary more closely ; noted that map two ( 2) effectively addresses the delineation along Mission Boulevard, a significant dividing line in that part of town; proposed that some merging of districts in maps one (1) and two (2) could be beneficial, particularly in integrating Fairway Park and adjusting boundaries to better reflect the Industrial Park line; and expressed that maps one (1) and two (2) are close to what she envisions, with some adjustments potentially needed.
Council Member Goldstein raised a concern about the division of communities in the proposed district maps, specifically noting that the boundary between district four (4) and district six (6) in map two ( 2) might split neighborhoods with different characteristics ; and questioned whether the maps need to divide communities based on census blocks, particularly when those blocks separate one side of the street from the other to which Karin Mac Donald explained that the use of census blocks can sometimes result in such divisions , and suggested that if a neighborhood spans both sides of a street, the boundary could be adjusted to encompass the entire neighborhood.
Council Member Bonilla Jr. suggested revisiting the boundaries between proposed districts four (4) and five (5) in maps one (1) and two (2), with a focus on socioeconomic factors like income and education; observed that areas around Mission Boulevard might align more closely with the flatlands rather than the hills, indicating that Mission Boulevard might not be the right dividing line; proposed overlaying income and other factors on the maps so Mission Boulevard and districts four (4) and five (5) better align communities within these districts, ensuring that neighborhoods with similar characteristics, such as education and income, remain together; and noted discrepancies within district four (4) that might be addressed by adjusting the boundaries.
Mayor Salinas expressed strong opposition to overlapping City districts with the Hayward Area Recreation and Park District or the Hayward Unified School District; shared his concerns about the historical dominance of representatives from the hills; expressed surprise that the proposed maps continue to segregate the hills rather than integrate them with other areas like the Jackson Triangle; questioned why the plaintiff in the lawsuit had not yet submitted a map, to which Scott Rafferty, representing the plaintiff, responded that they were still listening to public feedback and would consider submitting a map before the deadline; and noted he was waiting until all maps are submitted before making comments.
4 |A u g u s t 13 , 202 4
ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 6:55 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 24-096
DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the Minutes of the Special City Council Meeting on August 20, 2024
RECOMMENDATION
That the Council approves the special City Council meeting minutes of August 20, 2024.
SUMMARY
The City Council held a special meeting on August 20, 2024.
ATTACHMENTS
Attachment I Draft Minutes of 8/20/2024
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 7:08 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: COUNCIL MEMBER Bonilla Jr.
CLOSED SESSION ANNOUNCEMENT
The City Council convened in closed session on July 23, 2024, at 5:30 p.m., with all members present and Council Member Syrop participating virtually and no public speakers regarding conference with labor negotiators pursuant to Government Code section 54957.6 concerning all labor groups. City Attorney Lawson announced the Council gave discussed the item, but otherwise took no reportable action. The closed session adjourned at 6:45 p.m.
The City Council convened in closed session on August 13, 2024, at 4:30 p.m., with all members present and no public speakers regarding conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Jack Wu, et al. v. City of Hay ward, Alameda County Superior Court Case Number 24CV070229. City Attorney Lawson noted the Council discussed the item, but otherwise took no reportable action. The closed session adjourned at 5:20 p.m.
The City Council convened in closed session on August 20, 2024 , at 6:00 p.m. with Council Member Bonilla Jr. absent and all other members present and no public speakers, regarding two items, 1) conference with legal counsel pursuant to Government Code section 54956.9 regarding Joseph Rubalcava v. City of Hayward, Clai m No. 2196000062 and 2496000004, Workers’ Compensation Appeals Board Case No s. ADJ15778448 , ADJ18712191; and 2) conference with labor negotiators pursuant to Government Code section 54957.6 regarding all labor groups. City Attorney Lawson announced the Council met regarding both items and gave direction to staff but otherwise took no reportable action regarding Item 1. Regarding Item 2, the Council unanimously, with Council Member Goldstein mo ving and Council Member Zermeño seconding and Council Member Bonilla Jr. absent, approved to give direction to staff. The closed session adjourned at 7:00 p.m.
PUBLIC COMMENTS
Ro Aguilar expressed appreciation for converting the Homelessness-Housing Task Force into the Housing Policy and Resource Committee and advocated for t he committee to focus on affordable inclusionary housing and large-scale transitional homelessness housing. 2 | A u g u s t 2 0 , 202 4
TJ, with Hayward Concerned Citizens , thanked the City for the firework enforcement; and advocated for the City to strengthen the City’s UAS policy and use drones to better identify illegal firework activity, issue citations, and improve enforcement efforts.
Suzanne, with Hayward Concerned Citizens , agreed with TJ's remarks and thanked the Mayor and Council members for efforts in reducing firework disturbances in her neighborhood over the last few years.
Peggy Guernsey praised the Fire Department and its efforts with Community Emergency Response Team ( CERT) trainings, highlighting the value of fire stations and community engagement through CERT training and emergency preparedness.
The following individuals and volunteers of United Sovereign Americans (USA) read their proposed resolution for a legally valid 2024 General Election , alleging inaccuracies and concerns in the 2022 California Election and asked for Council’s action.
Faith Kelly
Jana Schreiber
Rebecca St James
Mike Kellett
Marcus Berg
Carol Criss, a former election worker, shared concerns about changes in the 2020 Election procedures, including issues with voting machines, poll worker practices, and security around ballot handling.
Tom Wong, Hayward resident, called for action on gang-related graffiti in his neighborhood, stressing the need for proactive measures to prevent escalation and ensure community safety.
Ynez Jasper raised concerns about changes to an easement affecting her property, asking the City to delay approval of Pulte Homes’ plan changes until she can consult with her lender and attorney regarding access rights.
CITY MANAGER’S COMMENTS
Interim City Manager Claussen announced a new initiative called "Discover Hayward Made," led by the Economic Development Division, which features a display in the pre-function area that highlights local businesses such as Casa Sanchez, Shasta, Sugar Bowl Bakery, Pepsi, Columbus Meats, and Pacific Cheese.
CONSENT
Consent Item 8 was removed from the Consent Calendar at the request of City staff. Consent Items 5 and 6 received comments from members of the City Council.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
1. Approve the Minutes of the Special City Council Meeting on June 18, 2024 MIN 24 -088 It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent, to approve the Special City Council meeting minutes of June 18, 2024.
2. Approve the Minutes of the City Council Meeting on June 25, 2024 MIN 24 -089 It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent, to approve the City Council meeting minutes of June 25, 2024.
3. 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 24-335
Staff report submitted by Police Chief Matthews, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24-159, “Resolution Authorizing the Interim City Manager to Revise the Communications Operator Lateral and Entry Level Hiring Bonus Program to Include Dispatch Call Taker Positions”
4. Adopt a Resolution Approving the New Update to the Guidelines for Installation of Speed Humps CONS 24-377
Staff report submitted by Public Works Director Ameri, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
4 | A u g u s t 2 0 , 202 4
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24-160, “Resolution Adopting an Update to the Guidelines for Installation of Speed Humps”
5. Adopt a Resolution Converting the Homelessness Housing Task Force to the Housing Policy and Resource Committee CONS 24-380
Staff report submitted by Development Services Director Buizer and Development Services Deputy Director Morales, dated August 20, 2024, was filed.
Council Member Roche expressed concern about removing homelessness from the Housing Policy and Resource Committee 's focus. In response to Council Member Roche’s inquiry on whether there would still be a way to address homelessness-related needs without bringing it directly to the full Council, Development Services Deputy Director Morales explained that due to the state’s directive, homelessness-related items would be accelerated directly to the Council for approval to avoid redundancies and ensure urgent issues are addressed promptly.
Mayor Salinas highlighted that he, along with Council Members Syrop and Goldstein, serve on the committee and have discussed its scope, and the decision to elevate the committee to a Council committee aims to integrate housing -related issues into broader housing policy development.
Council Member Syrop expressed an initial concern about homelessness issues not being addressed by the committee, but hoped these topics could return to the committee once the state of emergency ends; and emphasized that the committee has the flexibility to adjust its scope as needed. In response to Council Member Syrop’s inquiry about the status of the rental registry discussion, Deputy Director Morales confirmed that preparatory work is being done ahead of the 2025 timeline.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
Resolution 24-161, “Resolution Authorizing the Formation of the Housing Policy and Resource Committee”
6. 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 24-382
Staff report submitted by Maintenance Services Director Rullman, dated August 20, 2024, was filed.
Council Member Andrews expressed interest in exploring the potential for using basketball courts as public art opportunities, referencing an agreement between the City and Hayward Area Recreation and Park District.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24 -162, “ 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”
7. 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 24-383 Staff report submitted by Public Works Director Ameri, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
6 | A u g u s t 2 0 , 202 4
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: None
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: None
Resolution 24-163, “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”
8. 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 24-384
Consent Item 8 was removed from the Consent Calendar.
9. 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 24-385
Staff report submitted by Police Chief Matthews, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24-164, “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”
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
10. 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 24-387 Staff report submitted by Public Works Director Ameri, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24-165, “Resolution Authorizing the City Manager to Execute Agreements 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”
11. 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 24-391 Staff report submitted by Public Works Director Ameri, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
8 | A u g u s t 2 0 , 202 4
Resolution 24-166, “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, with no Change in Dollar Amount”
12. 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 24-395
Staff report submitted by Assistant City Manager Youngblood, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24-167, “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”
13. 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 24-398
Staff report submitted by Human Resources Director Frye, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
Resolution 24-168, “Resolution Approving the Successor Memorandum of Understanding Between the City of Hayward and Hayward Association of Management Employees and Authorizing the City Manager to Execute the Agreement”
14. 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 24-399 Staff report submitted by Human Resources Director Frye, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24-169, “Resolution Adopting 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”
15. 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 24-400
Staff report submitted by Human Resources Director Frye, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
10 | A u g u s t 2 0 , 202 4
Resolution 24-170, “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”
16. 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 24-413 Staff report submitted by Maintenance Services Director Rullman, dated August 20, 2024, was filed.
It was moved by Council Member Syrop, seconded by Council Member Roche, and carried unanimously with Council Member Bonilla Jr. absent to adopt the resolution.
AYES: COUNCIL MEMBERS Andrews, Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: COUNCIL MEMBER Bonilla Jr.
ABSTAIN: NONE
Resolution 24 -171, “ Resolution Authorizing the City Manager to Negotiate and Execute a Construction Contract to Gametime (MRC) for the Playground Equipment Design and Installation at Various Landscape and Lighting Assessment District Parks in an Amount Not To Exceed $745,000”
WORK SESSION
17. Presentation of City of Hayward User Fee Study (Report from Finance Director Gonzales) WS 24-173
Staff report submitted by Finance Director Gonzales, dated August 20, 2024, was filed.
Finance Director Gonzales provided a synopsis of the staff report and introduced consultant Tony Thrasher with Willdan Financial Services who elaborated further on the user fee study.
There being no public comment, Mayor Salinas opened and closed the public comment section at 8:05 p.m.
Discussion ensued among members of the City Council, City staff, and Mr. Thrasher with Willdan Financial Services and the following clarifications were made: most cities use Consumer Price Index (CPI) for fee adjustments, as it is generally a measured increase in cost over the years; while credit card transactions incur significant fees, there are smaller fees for other electronic payments such as e-checks or debit cards, with options to pay in cash or by
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
check to avoid fees ; fee decreases often result from improved efficiency, technology advancements, or shifts in process, where costs are distributed differently between users, such as residential versus commercial ; facility rental fees were recently reviewed and kept in line with user affordability, with discounts available for residents and different tiers for non-residents, businesses, and non -profits; and the City's fees are generally in line with nearby cities such as San Leandro, Fremont, and Berkeley.
Members of the City Council were generally in support of the proposed fees shown in the study, particularly regarding the implementation of new credit card fees and other revenue- generating measures to help cover rising costs ; and thanked staff for comparing Hayward’s fees with neighboring cities. Members of the City Council offered the following suggestions:
consider having the Development Services Department work with the Finance Department to monitor the impact of implementation of fee increases on development applications to ensure no adverse effects; tie fee increases to inflation, capped at 3% or the CPI (whichever is lower); conduc t a cost analysis every five years to ensure fees reflect current expenses ; keep fees as minimal as possible while covering necessary expenses; inform residents about fee-free payment options which can be added to water bill ins erts or listed on the City's website; note the importance of balancing cost recovery with keeping fees competitive and affordable for residents, and having discount programs ; consider balancing revenue generation with compassion for residents; maintain alternative payment options to avoid additional labor costs associated with handling paper checks or cash; and consider promoting that the City waives certain fees, possibly including a message on receipts , to make payments more palatable for residents.
18. 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 24-174
Staff report submitted by Assistant City Manager Youngblood , dated August 20, 2024, was filed.
Assistant City Manager Youngblood introduced Community Partnership Manager Ebadi, who provided a synopsis of the staff report.
There being no public comment, Mayor Salinas opened and closed the public comment section at 8:31 p.m.
Discussion ensued among members of the City Council and City staff and the following clarifications were made: event costs often exceed the City's funding, with additional sponsorships helping cover the expenses; fee information would be updated as soon as the new fees are adopted; the updated year -round grant process would provide more predictability for applicants, reducing frustration; new leadership in the Hayward Chamber 12 | A u g u s t 2 0 , 202 4
of Commerce has started discussions about transitioning more responsibility to the Chamber, which could reduce City costs and allow for more public grant funding; the website includes estimated permit durations and contact information for other agencies involved in event planning; "outside organizations" refers to entities outside City Hall but still within Hayward, though nonprofits from outside the City could technically apply if they serve Hayward residents; the City logo is reserved for City-sponsored and marquee events; the People's Budget project is separate from the special events process and would be managed differently; marquee events have long-standing City involvement and historical significance; the varying deadlines are based on event size and complexity, ranging from 120 days for larger events to 45 days for smaller ones ; and marquee events receive both funding and extensive staff support, while non-marquee events receive grants and permitting assistance.
Council Member Andrews emphasized the importance of clear communication regarding City contributions to community events; advocated for continued support of Juneteenth as a marquee event; highlighted the economic and community benefits of hosting events ; stressed the value of having a concierge service to assist event organizers, who may not have event planning expertise ; and acknowledged the efforts of City departments in facilitating events.
Council Member Zerme ño recommended the Cinco de Mayo event be elevated to a City - sponsored marquee event for its 40th anniversary, noting its importance to the community and its success in drawing large crowds downtown.
Council Member Roche raised concerns about managing staff resources, particularly when balancing these events with the People's Budget initiative; and acknowledged the complexity of deciding which events should be marquee events.
Council Member Syrop provided the following suggestions: add a draft -saving feature and making the event application process more accessible with a downloadable PDF and a Spanish language option; create separate application periods to help balance the workload for staff and give applicants more time to prepare ; make City discounts and resources available to groups applying for grants; prioritize groups that are coming from Hayward and develop new leaders from within Hayward; separate the budget for marquee from community events; ensure a more balanced geographical distribution of events to ensure south and west Hayward receive equal attention; revisit the tier system, and consider higher attendance thresholds to ensure larger community impact and recommend applicants seek out additional sponsors; add information to the website about community partners willing to sponsor community events; and ensure easy navigation on the City's website and better visibility for the new event page . Council Member Syrop voiced support for Juneteenth as a marquee event, emphasizing the need to dedicate a separate budget for marquee events.
Council Member Goldstein praised the improvements to the website and the clarity of the information but noted that finding new pages on the City's site can be challenging; appreciated the streamlined intake form and the concierge support for event permitti ng; shared concerns about the first -come, first -served application process and supported the suggestion of having two tranches to ensure fair representation; supported the idea of
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 20, 2024, 7:00 p.m.
separating the marquee event budget from the community event budget ; and asked to evaluate the proposed tier system.
Mayor Salinas expressed appreciation for the equitable approach it brings to organizations applying for grants; and highlighted the importance of ensuring large events such as the Cinco de Mayo receive appropriate support given their significant attendance.
Council Member Roche expressed concern about staff resources for events, suggesting that marquee events, which require more city staff support, should have a separate budget.
Council Member Andrews supported revisiting the funding for these events and emphasized the importance of securing external sponsorships to help cover costs.
Council Member Zermeño suggested including five marquee events to reflect the diversity of the city.
Members of the City Council expressed appreciation for the progress made on streamlining the event planning process, particularly the fee waivers and resources being offered to help community members organize events ; expressed the need for events to seek additional funding beyond City contributions, encouraging collaboration with other local sponsors; and agreed that Juneteenth should become a marquee event , while Cinco de Mayo could still receive substantial funding through the tiered grant system.
INFORMATIONAL ITEM
19. Informational Report: FY24 Q3 and Q4 Semiannual Capital Improvement Program Progress Report RPT 24-175
In response to Council Member Andrews ’ inquiry about the difference between the Neighborhood Partnership Program Project and the Neighborhood Improvement Grant Program, Interim City Manager Claussen responded that he would follow up with Public Works Director Ameri.
Council Member Syr op noted for the public’s knowledge that the informational report contains updates on City construction projects; and encouraged residents with questions about local projects to review the report.
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews thanked various City staff, including the Library and Economic Development teams, for helping organize a successful K-Pop event, highlighting the cultural significance of K-Pop for teens; commended the Keep Hayward Clean and Green Task Force for their recent work on senior yards; and promoted the Hayward Animal Shelter. 14 | A u g u s t 2 0 , 202 4
Council Member Roche congratulated Council Member Andrews on the success of the K-Pop event; and invited the public to the Hayward Odd Fellows Summer Concert Series at Memorial Park, every Sunday, starting August 25, 2024.
Council Member Syrop also congratulated Council Member Andrews on the K -Pop event; invited the public to the second South Hayward Market at the South Hay ward Bart Station on August 25, 2024, indicating the last two market events would be on September 29, 2024, and October 27, 2024.
Council Member Zermeño invited residents to participate in the Keep Hayward Clean and Green Task Force beautification event at Eden Greenway Area on August 24, 2024.
Mayor Salinas welcomed students back to school in the Hayward Unified School District, Chabot College, and Cal State University East Bay; and promoted the Hayward Odd Fellows Summer Concert Series.
ADJOURNMENT
Mayor Salinas adjourned the City Council meeting at 9:41 p.m., in memory of Pastor Tommy Smith, Jr., and Ellen Corbett. Pastor Tommy Smith Jr., from Palma Ceia Baptist Church, was the voice of South Hayward. Ellen Corbett had a long career in public service representing the East Bay in the California Assembly and Senate and serving on the San Leandro City Council and the East Bay Regional Park District’s Board of Directors. Mayor Salinas asked staff to coordinate with their families and plant trees in memory of Pastor Tommy Smith Jr. and Ellen Corbett.
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 24-097
DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the Minutes of the Special City Council Meeting on August 27, 2024
RECOMMENDATION
That the Council approves the special City Council meeting minutes of August 27, 2024.
SUMMARY
The City Council held a special meeting on August 27, 2024.
ATTACHMENTS
Attachment I Draft Minutes of 8/27/2024
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Conference Room 2A
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, August 27, 2024, 5:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 5:00 p.m. in Conference Room 2A, City Hall.
PLEDGE OF ALLEGIANCE: Council Member Bonilla Jr.
ROLL CALL
Present: COUNCIL MEMBER Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
Absent: NONE
Council Member Roche joined the interviews after 5:00 p.m.
PUBLIC COMMENTS
There were none.
CITY COMMISSIONS INTERVIEWS
1. Annual City Commissions Interviews: Interview Applicants for Service on the Library Commission, Personnel Commission and Planning Commission (Report from City Clerk) RPT 24-064
Members of the City Council interviewed twelve applicants as follows: Shahin Shaikh, Valerie Fredericks, Joshua De Miguel, Roy D’ Lucca, Linda Gruel Neff, Rebecca Parr, Vishal Sharma, Collin Thormoto, Jeffrey Haman, Sergey Melnikov, and Vasko Yorgo v. Applicants Samiksha Lingan and Douglas Mansel withdrew their applications and applicant Veronica Sanchez did not participate.
SELECTION
2. Selection of Members for Service on the Library Commission, Personnel Commission and Planning Commission ACT 24-057
LIBRARY COMMISSION
Motion made by Mayor Salinas, seconded by Council Member Andrews , to select Valery Fredericks (1-year term) and Joshua De Miguel (1 -year term); APPROVED; 6:1:0 (AYES:
Andrews, Bonilla Jr., Goldstein, Roche, Zermeño, Salinas; NOES: Syrop)
2 |A u g u s t 2 7 , 202 4
PERSONNEL COMMISSION
Motion made by Council Member Syrop, seconded by Council Member Roche, to select Linda Gruel Neff (3 -year term); APPROVED; 6:1:0 (AYES: Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas; NOES: Andrews)
Motion made by Council Member Zermeño, seconded by Mayor Salinas, to select Rebecca Parr (4-year term); APPROVED; 6:1:0 (AYES: Andrews, Goldstein, Roche, Syrop, Zermeño, Salinas; ABSTAIN: Bonilla Jr.)
PLANNING COMMISSION
Motion made by Mayor Salinas, seconded by Council Member Andrews, to select Jeffrey Haman (4-year term) and Vasko Yorgov (Alternate); APPROVED; 7:0:0 (AYES: Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño, Salinas)
ADJOURNMENT
Mayor Salinas adjourned the special City Council meeting at 9:44 p.m.
APPROVED
__________________________________________________________ Mark Salinas
Mayor, City of Hayward
ATTEST:
__________________________________________________________ Miriam Lens
City Clerk, City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-433
DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code
RECOMMENDATION
That Council adopts a resolution (Attachment II) accepting revisions to the Conflict of Interest Code for the City of Hayward.
SUMMARY
City staff have reviewed its Conflict of Interest Code and determined that an amendment is necessary to reflect organizational changes. The City’s amended code is not effective until approved by the Council.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Designated Positions
Attachment IV Disclosure Categories
Attachment V Provisions of Conflict of Interest Code
Attachment VI 2024 Local Agency Biennial Notice
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Accepting Revisions to the City of Hayward Conflict of Interest Code
RECOMMENDATION
That Council adopts a resolution (Attachment II) accepting revisions to the Conflict of Interest Code for the City of Hayward.
SUMMARY
City staff have reviewed its Conflict of Interest Code and determined that an amendment is necessary to reflect organizational changes. The City’s amended code is not effective until approved by the Council.
BACKGROUND AND DISCUSSION
The Political Reform Act of 1974 requires every government agency to review its conflict of interest code biennially to determine whether amendments are required. City Administrative Rule, Section 9.1, is the City’s Conflict of Interest Code (Code). The Code designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to the positions requires that all investments, business positions, interests in real property, and sources of income that may be affected materially by the decisions made by those holding designated positions be reported.
The City’s last Conflict of Interest Code update was approved on September 20, 2022. The list of designated positions (Attachment III) has been updated to include new positions and minor changes shown in bold and red text.
There are three components of the Code: designated positions, disclosure categories , and terms of the Code.
Designated Positions: The Code must list all designated positions. Pursuant to Government Code Section 820191, a designated employee is an employee, officer, member, or consultant of
1 Gov. Code Section 82019
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=82019
an agency whose position is designated in the Code because the position entails the making or participation in the making of governmental decisions that may foreseeably have a material effect on his or her financial interest. Individuals holding positions listed in Attachment III are designated individuals who must file Statements of Economic Interests (Form 700).
The City of Hayward continues to use the State’s Fair Political Practices Commission (FPPC) Form 804 (Agency Report of New Positions) and FPPC Form 805 (Agency Report of Consultants) to identify new positions and consultants who participate in making governmental decisions on behalf of the City.
The designations of Mayor, Council Member, Planning Commissioner, City Manager, City Attorney, and Finance Director are required by State law to file disclosure of their economic interests under Government Code Section 872002.
Individuals holding designated positions file the Form 700 with the City Clerk. Form 700 statements are available for public inspection and reproduction according to FPPC regulations.
Disclosure Categories: The Code requires disclosure of the types of investment, interests in real property, sources of income, and business positions that may be affected by the decision- making of designated positions. Disclosure Categories are included in Attachment IV.
Terms of the Code: The terms of the Code comprise the main body of the Code and provide provisions for reporting financial interests and disqualification procedures among others.
The FPPC recommends that cities incorporate by reference Regulation 18730, Title 2, Division 6 of the California Code of Regulations. Regulation 18730-Provisions of Conflict of Interest Codes3 (Attachment V) contains all the information required to be contained in the City’s Code.
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to any of the projects outlined in the Council’s Strategic Roadmap.
2 Gov. Code Section 87200
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=87200&lawCode=GOV
3 Regulation 18730 https://www.fppc.ca.gov/content/dam/fppc/NS- Documents/LegalDiv/Regulations/NonsubstantiveAmendments/18730.Provisions-of-Conflict-of-Interest- Codes.pdf
NEXT STEPS
Upon adoption of the proposed resolution, Administrative Rule 9.1 (City’s Conflict of Interest Code) will be revised and distributed to Form 700 (Statement of Economic Interests) filers; added to NetFile, the City’s electronic filing system; and distributed to the FPPC.
Prepared and Recommended by: Miriam Lens, City Clerk
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member _______________
RESOLUTION ACCEPTING ADDITIONS TO THE CITY OF HAYWARD
CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act of 1974 requires every local government agency to review its Conflict of Interest Code biennially to determine if it must be amended; and
WHEREAS, the City Administrative Rule Section 9.1 is the City’s Conflict of Interest Code for the City of Hayward; and
WHEREAS, all additions to the Conflict of In terest Code reflect recent organizational changes.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby accepts the additions to the Conflict of Interest Code for the City of Hayward.
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
DESIGNATED POSITIONS ATTACHMENT III
DESIGNATIONS CATEGORIES
Assistant City Attorney 2, 3, 5, 6, 7
Deputy City Attorney I/II 2, 3, 5, 6, 7
Senior Assistant City Attorney 2, 3, 5, 6, 7
City Clerk 1
Deputy City Clerk 2, 3
Assistant City Manager 1
Assistant to the City Manager 2, 3, 5, 6, 7
Chief Economic Development Officers 2, 3, 5, 6, 7
Communications and Marketing Officer 2, 3, 6
Community Partnership Manager 2, 3, 5, 6, 7
Community Services Manager 1
Deputy City Manager 2, 3, 5, 6, 7
Digital Application Developer 3
Economic Development Manager 2, 3, 5, 6, 7
Economic Development Specialist 2, 3, 5, 6, 7
Equity and Inclusion Officer 2, 3, 5, 6, 7
Housing Development Specialist 2, 4, 5, 6, 7
Housing Manager 1
Management Analyst I/II 2, 4, 5, 6
Senior Management Analyst 2, 4, 5, 6
Assistant Planner 2, 4, 5, 6,7
Assistant/Associate Engineer 2, 4, 5, 6,7
Associate Planner 2, 4, 5, 6,7
Building Inspector 2, 4, 5, 6, 7
City Building Official 2, 3, 5, 6
Code Enforcement Inspector I/II 2, 5
Code Enforcement Manager 2, 3, 5, 6
Community Programs Specialist 2, 4, 5, 6, 7
Deputy Director of Development Services 1
Director of Development Services 1
Housing Development Specialist 2, 4, 5, 6, 7
Housing Manager 1
Landscape Architect 2, 4, 5, 6, 7
Management Analyst I/II 2, 4, 5, 6
Plan Checker 2, 4, 5, 6, 7
Plan Check Engineer 2, 4, 5, 6, 7
Planning Manager 2, 3, 5, 6, 7
City Attorney Department
City Clerk Department
City Manager Department
Development Services Department
DESIGNATED POSITIONS ATTACHMENT III
Principal Planner 2, 4, 5, 6, 7
Senior Building Inspector/Structural 2, 4, 5, 6, 7
Senior Building Inspector/Electrical 2, 4, 5, 6, 7
Senior Building Inspector/Plumbing/Mechanical 2, 4, 5, 6, 7 Senior Civil Engineer 2, 4, 5, 6, 7
Senior Code Enforcement Inspector 2, 5
Senior Planner Checker 2, 4, 5, 6, 7
Senior Planner 2, 4, 5, 6, 7
Supervising Building Inspector 2, 4, 5, 6, 7
Supervising Plan Checker/Expediter 2, 4, 5, 6, 7
Accounting Manager 2,3,5,6,7
Budget Officer 2,3,5,6,7
Deputy Director of Finance 2, 3, 5, 6, 7
Finance Supervisor 2, 3, 5, 6, 7
Management Analyst I/II 2,3,5,6,7
Purchasing and Services Manager 2,3,5,6,7
Revenue Manager 2,3,5,6,7
Senior Accountant 2, 3, 5, 6, 7
Senior Management Analyst 2, 3, 5, 6, 7
Battalion Chief 2,4,5,6
Deputy Fire Chief 2,3,5,6
Emergency Medical Service Coordinator 2,4,5,6
Environmental Specialist 2,4,5,6
Fire Chief 2,4,5,6
Fire Marshal 2,3,5,6
Fire Prevention Inspector 2,4,5,6
Fire Protection Engineer 2,4,5,6
Fire Services Supervisor 2,4,5,6
Fire Training Officer 2,4,5,6
Hazardous Materials Inspector 2,4,5,6
Hazardous Materials Investigator 2,4,5,6
Hazardous Materials Program Coordinator 2,4,5,6
Management Analyst I/II 2,4,5,6
Senior Fire Protection Engineer 2,4,5,6
Staff Captain (Assistant Fire Marshal) 2,4,5,6
Staff Captaian (Emergency Services Officer)Staff Captain (Emergency Services Officer) 2,4,5,6 Staff Captain (Public Education Officer) 2,4,5,6
Training Officer 2,4,5,6
Finance Department
Development Services Department (Cont.)
Fire Department
DESIGNATED POSITIONS ATTACHMENT III
Deputy Deputy Human Resources Director 1
Human Resources Analyst I/ II 4
Human Resources Director 1
Human Resources Manager 4
Human Resources Technician 4
Senior Human Resources Analyst 4
Deputy Director of Library Services 4, 7
Education Services Manager 4, 7
Director of Library Services 1
Library Operations Manager 4,7
Management Analyst I/II 2,4,7
Supervising Librarian I 4, 7
Administrative Supervisor 2,4,5,6
Deputy Director of Maintenance Services 2,4
Director of Maintenance Services 1
Facilities & Building Manager 2,4,5,6
Facilities Management Supervisor 2,4
Fleet Maintenance Manager 2,4
Fleet Management Supervisor 2,4
Landscape Maintenance Manager 2,4
Landscape Maintenance Supervisor 2,4
Management Analyst I/II 2,4,5,6
Street Maintenance Manager 2,4
Street Maintenance Supervisor 2,4
Animal Services Administrator 4,7
Communications Administrator 2,4,5
Deputy Police Chief 1
Jail Administrator 2, 4
Management Analyst I/II 2,4,5,6
Operations Support Services Manager 2,4,5
Personnel and Training Administrator 2,4,5
Personnel and Training Lieutenant 2,4,5
Personnel and Training Sergeant 2,4,5
Police Captain 2,4,5,6,7
Police Chief 1
Police Program Analyst 2,4,5,6,7
Property and Evidence Administrator 2,4
Records Administrator 2,4,5
Senior Management Analyst 2, 4, 5, 6, 7
Youth and Family Services Administrator 2,4,5,7
Human Resources Department
Library Services Department
Maintenance Services Department
Police Department
DESIGNATED POSITIONS ATTACHMENT III
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,3,5,6
1 2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
1 2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
2,4,5,6
Administrative Supervisor
Airport Business Supervisor
Airport Manager
Airport Operations Supervisor
Assistant Director of Public Works
Deputy Director of Public Works
Director of Public Works
Environmental Services Manager
Management Analyst I/II
Principal Civil Engineer
Principal Transportation Engineer
Principal Utilities Engineer
Real Property Manager
Senior Civil Engineer
Senior Management Analyst
Senior Transportation Engineer
Senior Utilities Engineer
Senior Water Resources Engineer
Solid Waste Program Manager
Supervising Construction Inspector
Survey Engineer
Transportation Manager
Utilities Engineering Manager
Utilities Field Services Supervisor Manager
Utilities Operations and Maintenance Manager
2,4,5,6
Utilities Operations and Maintenance Supervisor Electrical and Mechanical Manager 2,4,5,6 Wastewater Collection System Manager 2,4,5,6
Wastewater Collection System Supervisor 2,4,5,6
Water Pollution Control Administrator 2,4,5,6
Water Pollution Control Facility Manager 2,4,5,6
Water Pollution Control Facility Laboratory Supervisor Manager 2,4,5,6 Water Pollution Control Facility Operations and Maintenance Manager 2,4,5,6 Water Pollution Control Facility Maintenance Supervisor Manager 2,4,5,6 Water Pollution Control Facility Operations Supervisor Manager 2,4,5,6 Water Resources Manager 2,4,5,6
Deputy Information Technology Director 1
Information Systems Manager 2,3
Information Technology Manager 2, 3
Network Systems Specialist 2,4
Information Technology Director 1
Technology Services Department
Department of Public Works & Utilities
DESIGNATED POSITIONS ATTACHMENT III
Associated Community Action Program 1
Community Services Commission 2,4,5,6,7
Council Economic Development Committee 2,4,5,6,7
Deferred Compensation Committee 2,3,5,6,7
Investment Advisory Committee 2,3,5,6,7
Program and Project Consultants 2,4,5,6,7
Small Business Revolving Loan Fund Committee 2,4,7
City Attorney 1
City Council 1
City Manager 1
Director of Finance 1
Planning Commission 1
Advisors, Consultants, and Volunteers
Government Code Section 87200 Designated Officers
ATTACHMENT IV
DISCLOSURE CATEGORIES
CATEGORY 1
All designated positions in this category shall disclose all sources of income, all investments and management positions with business entities, and all interests in real property located in the City of Hayward.
Designated positions in this category must complete all schedules on the Form 700 Statement of Economic Interests Form:
Schedule A-1: Investments
Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts Schedule B: Interest in Real Property
Schedule C: Income, Loans, and Business Positions
Schedule D: Income – Gifts
Schedule E: Income – Travel Payments, Advances, and Reimbursements
CATEGORY 2
All designated positions in this category shall disclose all interests in real property located in the City of Hayward.
Designated positions in this category must complete Form 700 Statement of Economic Interests Schedule B: Interest in Real Property.
CATEGORY 3
All designated positions in this category shall disclose investments, management positions with business entities and sources of income from business entities , which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Hayward.
Designated positions in this category must complete the following schedules on the Form 700 Statement of Economic Interests Form:
Schedule A-1: Investments
Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts Schedule C: Income, Loans, and Business Positions
Schedule D: Income – Gifts
CATEGORY 4
All designated positions in this category shall disclose investments, management positions with business entities and sources of income from business entities which provide services, supplies, materials, machinery or equipment of the type utilized by the designated person’s department, division, board, commission, committee or task force.
Designated positions in thi s category must complete the following schedules on the Form 700 Statement of Economic Interests Form:
Schedule A-1: Investments
Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts Schedule C: Income, Loans, and Business Positions
Schedule D: Income – Gifts
CATEGORY 5
All designated positions in this category shall disclose all investments, management positions with business entities and sources of income from business entities, and interests in real property, which are subject to the regulatory, permit or licensing authority of the City of Hayward.
Designated positions in this category must complete all schedules on the Form 700 Statement of Economic Interests Form:
Schedule A-1: Investments
Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts Schedule B: Interest in Real Property
Schedule C: Income, Loans, and Business Positions
Schedule D: Income – Gifts
Schedule E: Income – Travel Payments, Advances, and Reimbursements
CATEGORY 6
All designated positions in this category shall disclose all investments, management positions with business entities and sources of income from business entities which engage in land development, construction or the acquisition or sale of real property, and all interests in real property in the City of Hayward.
Designated positions in this category must complete all schedules on the Form 700 Statement of Economic Interests Form:
Schedule A-1: Investments
Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts Schedule B: Interest in Real Property
Schedule C: Income, Loans, and Business Positions
Schedule D: Income – Gifts
Schedule E: Income – Travel Payments, Advances, and Reimbursements
CATEGORY 7
All designated positions in this category shall disclose all investments, management positions with business entities and sources of income (including gifts, loans, travel payments, or income from a nonprofit organization) if the source is of the type to receive grants or other monies from or through the City of Hayward.
Designated p ositions in this category must complete the following schedules on the Form 700 Statement of Economic Interests Form:
Schedule A-1: Investments
Schedule A-2: Investments, Income, and Assets of Business Entities/Trusts Schedule C: Income, Loans, and Business Positions
Schedule D: Income – Gifts
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.),
and any amendments to the Act or
regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or
ATTACHMENT V
2 participate in the making of decisions which may foreseeably have a material effect on economic interests.
(3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. [FN1] Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. 3 (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. [FN2] (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. 4 Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 5 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property [FN3] is required to be reported, [FN4] the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property; 6 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, [FN5] the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, [FN6] the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. 7 (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $590 in a calendar 8 year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. 9 This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. 10 (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
11 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
12 No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $590 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.
The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. 13 (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political 14 Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
___________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Credits
NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 16 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of NOTE filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding HISTORY 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and NOTE filed 3-14- 95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).
18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of NOTE filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of HISTORY 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
19 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to 20 OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate 21 District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
38. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-20-2022; operative 1- 19-2023 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2022, No. 51).
ATTACHMENT VI
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-381
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Five Consulting Firms, for an Amount Not-to-Exceed the Total Fiscal Year 2025 Budget Appropriation of $650,000, to Provide Plan Check, Building Inspection and Permit Technician Services
RECOMMENDATION
That Council adopts the attached resolution authorizing the City Manager to negotiate and execute Agreements with five consulting firms to provide plan check, building inspection, and permit technician services for an amount not to exceed the FY25 Development Services Department approved operating budget appropriation of $650,000.
SUMMARY
The City currently has agreements with outside consulting firms to augment Development Services Department Building Division staff by providing plan check, building inspection and permit technician services. The terms of these agreements are due to expire in the next 30 days. A Request for Proposal (RFP #25-006) was advertised on July 31, 2024, to solicit bids from interested firms to provide On-Call Plan Check, Building Inspection and Permit Technician Services.
Staff seeks Council approval authorizing the City Manager to negotiate and execute new agreements with five firms for these services.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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File #:CONS 24-381
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
powered by Legistar™
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute Agreements with Five Consulting Firms, for an Amount Not to Exceed the Total FY25 Budget Appropriation of $650,000 (Development Services), to Provide Plan Check, Building Inspection and Permit Technician Services
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute Agreements with five consulting firms to provide plan check, building inspection, and permit technician services for an amount not to exceed the FY25 Development Services Department approved operating budget appropriation of $650,000.
SUMMARY
The City currently has agreements with outside consulting firms to augment Development Services Department Building Division staff by providing plan check, building inspection and permit technician services. The terms of these agreements are due to expire in the next 30 days. A Request for Proposal (RFP #25-006) was advertised on July 31, 2024, to solicit bids from interested firms to provide On-Call Plan Check, Building Inspection and Permit Technician Services.
Staff seeks Council approval authorizing the City Manager to negotiate and execute new agreements with five firms for these services.
BACKGROUND
The City of Hayward has maintained agreements with multiple firms to provide plan check and inspection services to support customer demand that exceeds the availability or workload capacity of Building Division staff . These firms also offer Permit Technician personnel at an hourly rate to cover long -term absences of permanent staff in the Permit Center. Retaining several firms under contract who are available to respond on short-notice also provides the City the flexibility of utilizing qualified firms or persons that are best suited based on a specific area of specialization and availability of personnel.
On July 31, 2024, an RFP was released for the purposes of soliciting proposals to provide plan check, building inspection, and permit technician services. Prior to the August 21st deadline, eleven firms submitted proposals that were considered responsive and complete. Services provided were evaluated individually, and selections were based on price, experience, availability to provide on call service, and turn-around times. Each proposal was reviewed by Building staff, and the following firms were selected:
4 Leaf, Inc.
BPR Consulting Group
CSG Consultants, Inc.
TRB and Associates, Inc.
West Coast Code Consultants, Inc.
DISCUSSION
The Development Services Department currently employs 4.0 full time positions who are responsible for both commercial and residential plan review for building permit submittals.
The Development Services Department also currently employs 7.0 full time positions who perform residential and commercial building inspections to ensure safety and compliance with the current 2022 California Building Codes as adopted and amended by the City of Hayward, and subsequent code cycle adoptions, such as, the 2025 California Codes to go into effect January 1, 2025.
The approach toward managing plan review applications disperses the workload between City staff and consultants and provides the flexibility to augment staff as necessary to cover increases in permit applications and long -term absences of permanent staff. Agreements with multiple outside firms also allow staff to assure large projects, such as complex commercial and industrial projects or subdivisions that involve multiple sets of plans, can be reviewed, and inspected in a timely manner.
STRATEGIC ROADMAP
This agenda item is a routine item that is not tied directly to any Strategic Roadmap project, but does indirectly support the Strategic Roadmap Priorities to Confront Climate Crisis & Champion Environmental Change, Strengthen Organizational Health, and Grow the Economy.
FISCAL IMPACT
The cost of contracting consultants related to Building plan check and inspection services is offset by the fees paid by the permit applicant. Fees for plan check review are collected at the time plans are submitted while inspection fees are collected at the time the permit is issued. Fees for plan check and inspection services related to building permits are calculated based on valuation as outlined in the current Master Fee Schedule. Costs for plan check and inspection fees incurred by the consultants shall not exceed the plan check
and inspection fees collected for permits by the City. Cost incurred by consultants hired for plan review or inspection services on a per project basis are offset by revenue collected during the permit application process, resulting no impact to the General Fund.
NEXT STEPS
Upon Council approval of this resolution, staff will prepare for signature Professional Services Agreements for three years and encumbering of funds with 4Leaf, Inc.; BPR Consulting Group; CSG Consultants, Inc.; TRB and Associates, Inc.; and West Coast Code Consultants, Inc.
Prepared by: Tera Maroney, Management Analyst
Recommended by: Sara Buizer, AICP, Director of Development Services Omar Noorzad, City Building Official
Approved by:
_________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member ________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AGREEMENTS WITH FIVE CONSULTING FIRMS, FOR
AN AMOUNT NOT TO EXCEED THE TOTAL FY2 5 BUDGET
APPROPRIATION OF $ 650,000, TO PROVIDE PLAN CHECK,
INSPECTION AND PERMIT TECHNICIAN SERVICES
WHEREAS, the Building Division of the Development Services Department has maintained agreements with multiple firms to provide plan check , inspection, and permit technician services; and
WHEREAS, on July 31, 202 4, RFP #2 5-006 was released for the purposes of soliciting proposals to provide plan check , building inspection services, and permit technician services to allow the department the flexibility to augment staff as necessary; and
WHEREAS, prior to the August 21st deadline, eleven firms submitted proposals that were considered responsive and complete, were reviewed by Building Division staff and five firms were selected based on price, experience, availability to provide on call service, and turn-around times; and
WHEREAS, the cost of contracting consultants related to Building plan check and inspection services is offset by the fees paid by the permit applicant and shall not exceed the plan check and inspection fees collected for permits by the City; and
WHEREAS, the building permit fees are calculated based on the City of Hayward current Master Fee Schedule and includes fees specifically for plan check and inspections services; and
WHEREAS, consultants are hired for building plan check review or inspection services on a per project basis, therefore, there is no General Fund impact to the City should the quantity of permit applications requiring plan check and inspection either increase or is decrease.
ATTACHMENT II
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward, hereby authorizes the City Manager to negotiate and execute agreements for plan check, building inspection, and permit technician services with the firms listed below , not-to- exceed the approved annual budget allocation approved by Council in each fiscal year in a form approved by the City Attorney:
4 Leaf, Inc.
BPR Consulting Group
CSG Consultants, Inc.
TRB and Associates, Inc.
West Coast Code Consultants, Inc.
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 24-417
DATE: September 17, 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, Clerical and Related 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, Clerical and Related 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 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, increase meal allowance to seventeen dollars ($17.00), the addition of Juneteenth holiday, increase the Health and Wellness allowance to seven hundred and twenty dollars ($720.00), the addition of safety shoe allowance for eligible classification of two hundred and fifty dollars ($250.00) per calendar year, institute a hard cap on vacation accrual, 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 9/13/2024Page 1 of 2
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File #:CONS 24-417
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
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DATE: September 17, 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, Clerical and Related 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, Clerical and Related 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, 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, enhance continuous service pay, increase meal allowance to seventeen dollars ($17.00), add the Juneteenth holiday, increase the Health and Wellness allowance to seven hundred and twenty dollars ($720.00), add safety shoe allowance for eligible classification of two hundred and fifty dollars ($250.00) per calendar year, institute a hard cap on vacation accrual and add a vacation cash out option of 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 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 SEIU, conducted a total compensation study for benchmark classifications. 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 proposed contract maintains employee contributions toward the Employer’s share of retirement costs and shall be adjusted effective January 1, 2025, to reflect a 5% total cost share contribution, 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), update list of positions eligible for standby pay.
The table below summarizes the key proposed changes in the new MOU:
Table 1: Key Proposed Changes
MOU Section Updated Language Effective Date
MOU Clean-up Language MOU Clean-up language throughout. July 1, 2024
1.01 Recognition Union and City signed a side-letter
agreement to continue discussions
regarding inclusion of temporary
employees, as defined in California Govt.
Code (§)3507.7.
TBD
1.03 Union Security Union and City signed a side-letter agreement to continue discussions
regarding inclusion of temporary
employees, as defined in California Govt.
Code (§)3507.7.
TBD
4.05 Meal Periods and Rest
Periods
Add clarifying language: “As an exception,
employees required to remain on-site at
the Police Department during their meal
break will be provided a thirty (30)
minute paid meal break. This includes all
positions that are regularly assigned to
twelve (12) hour work shifts.
July 1, 2024
5.00 Special Pay and
Allowances
5.01 Meal Allowance:
Increase Meal Allowance from
$15.00 to $17.00
July 29, 2024
5.02 Standby Pay:
Revised classifications eligible for
standby pay to include Crime
Scene Technician (C685), Animal
Control Officer (C610), Animal
Care Attendant (C600), Property
and Evidence Technician (C665),
Crime Scene Specialist (C687),
and delete Community Services
Officer (C650).
July 29, 2024
5.07 Night Shift Differential:
Clarify Night Shift Differential
shifts language, “employees must
work a minimum of five (5) hours
between the time period of 3:00
p.m. and 11:00 p.m. or a
minimum of five (5) hours
between the time period of 11:00
p.m. and 7:00 a.m. in order to be
eligible for the respective night
shift differential.”
July 1, 2024
8.08 Change in Pay Upon
Demotion
Add clarifying language for employees
who are demoted, shall be placed at the
July 1, 2024
step held in the previous classification.
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
9.02 Continuous Service Pay Update Continuous Service Pay Tiers as follows:
15 years – 2.5%
20 years – 2.5%
25 years – 2.5%
Maximum premium of 7.5%
July 29, 2024
10.01 Defined Benefit
Retirement Program
Update the employee’s cost share
effective the pay period beginning
January 1, 2025, to 5%.
January 1, 2025
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 instituting a
hard cap for vacation accrual at
a maximum of twice the annual
accrual rate.
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.
January 1, 2025
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.
July 1, 2024
14.04 Industrial Injury Leave Change the section title to “Worker’s Compensation Leave.”
July 1, 2024
15.00 Grievances Add clarifying language:
Increase City response timeframe. Add
compensation grievances at Step 2 and not
subject to further review.
July 1, 2024
16.02 Uniforms/Safety Shoes Addition of Safety Shoe Allowance up to $250.00, per calendar year for employees
in a probationary or regular status to the
classifications of:
Community Services Officer
(C650)
Animal Control Officer (C610)
Jail Supervisor (C650)
Property and Evidence
Technician (C655)
Crime Scene Technician (C685)
July 29, 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
20.00 Duration of MOU 3-year term:
July 1, 2024 – June 30, 2027
July 1, 2024
APPENDIX A
Salary Survey
Equity Adjustments
Positions that are three
percent (3%) or more under
the total compensation
market median shall receive
an equity adjustment that
brings them to the total
compensation median.
July 29, 2024
FISCAL IMPACT
The total proposed changes will result in an estimated cost of $4,256,825 over the three-year contract period (FY 2025-2027). Of that amount, the General Fund impact is $2,276,364, with a net impact of $1,980,461 to all other operating funds over the three-year contract period.
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:
Dustin Claussen, Interim City Manager
ATTACHMENT II
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 CLERICAL AND
RELATED UNIT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT
WHEREAS, the current Memorandum of Understanding ( “ M O U ” ) between the City of Hayward (“City”) 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 MOU 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, increases to meal allowance, instituting a hard cap on vacation accrual, adding vacation cash out option up to forty (40) hours , and an increase to the health and wellness reimbursement program; 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 employee contributions toward the Employer’s share of retirement costs and shall be adjusted to 5% effective January 1, 2025, medical benefits, dental and vision plans; and
WHEREAS the proposed changes will result in an estimated fiscal impact of $ 2 , 2 7 6 , 3 6 4 to the General Fund, and a net cost of approximately $4,256,825 across all funds, over the contract period when compared to projections in the City's budget model for the same three-year period (FY 2024-FY 2027).
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, a MOU between the City and SEIU from 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 24-421
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000, in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $265,000 in awarded grant funding from the California Office of Traffic Safety for the Hayward Police Department.
SUMMARY
The Hayward Police Department applied for and was awarded $265,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The funds will be used for educational and other programs including: impaired driving enforcement; enforcement focusing on distracted driving; seat belt enforcement; special enforcement encouraging motorcycle safety; enforcement and public education in areas with high bicycle/pedestrian collisions; and media outreach strategies designed to enhance public awareness.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $265,000 in Grant Funding from the California Office of Traffic Safety for the Hayward Police Department
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate $265,000 in awarded grant funding from the California Office of Traffic Safety for the Hayward Police Department.
SUMMARY
The Hayward Police Department applied for and was awarded $265,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The funds will be used for educational and other programs including impaired driving enforcement; enforcement focusing on distracted driving; seat belt enforcement; special enforcement encouraging motorcycle safety; enforcement and public education in areas with high bicycle/pedestrian collisions; and media outreach strategies designed to enhance public awareness.
BACKGROUND AND DISCUSSION
The Hayward Police Department applied for and was awarded $265,000 in grant funding from the California Office of Traffic Safety for the Hayward Police Department as part of a Selective Traffic Enforcement Program (STEP) grant. The California Office of Traffic Safety strives to eliminate traffic deaths and injuries by making grants available to local and state public agencies for programs that help them enforce traffic laws, educate the public in traffic safety, and provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions.
The Hayward Police Department plans to use these funds to reduce the number of persons killed and injured in collisions involving alcohol and other collision-causing factors. Strategies include the following:
(a) Impaired driving enforcement.
(b) Enforcement focusing on distracted driving.
(c) Seat belt enforcement.
(d) Special enforcement encouraging motorcycle safety.
(e) Enforcement and public education in areas with high bicycle/pedestrian collisions. (f) Media outreach strategies designed to enhance public awareness, educate the public, and deter poor behavior.
FISCAL IMPACT
The Selective Traffic Enforcement Program (STEP) grant funds will not have a negative impact on the General Fund. The awarded grant funds will be used to allocate resources toward efforts to address traffic safety within the community.
STRATEGIC ROADMAP
The STEP Grant supports the following Strategic Roadmap priority although it does not fall under a specific project:
Enhance Community Safety and Quality of Life
NEXT STEPS
If the Council authorizes this action, staff will appropriate the funding into the Police Department’s budget and administer the grant per the terms and conditions of the Office of Traffic Safety agreement.
Prepared by: Laura Gomez, Senior Management Analyst
Recommended by: Bryan Matthews, Chief of Police
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member _
RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE $2 65,000 IN GRANT FUNDING FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY FOR THE HAYWARD POLICE DEPARTMENT
WHEREAS, the Hayward Police Department applied for and was recently awarded $265,000 in grant funding from the State of California Office of Traffic Safety for use by the Hayward Police Department to implement best practice strategies under the Selective Traffic Enforcement Program (STEP); and
WHEREAS, the Hayward Police Department shall use awarded funds to reduce the number of persons killed and injured in traffic collisions involving alcohol and other primary collision factors under the provisions of the grant agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Interim City Manager is hereby authorized and directed to:
1. Accept and appropriate $2 65,000 in grant funding from the California Office of Traffic Safety for use by the Hayward Police Department; and
2. Amend the FY 2025 budget resolution by increasing the budget appropriation by $265,000 in funding from the California Office of Traffic Safety.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-428
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall Third Floor Restroom Remodel in an Amount Not-to-Exceed $225,960
RECOMMENDATION
That Council adopts the resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $225,960.
SUMMARY
The City Hall Third Floor Restroom Remodel project is part of the Facilities Capital Improvement Program (CIP) and supports the City’s commitment to provide facilities for employees and the public that are serviceable and in a good state of repair. The current project scope includes a complete restroom remodel of both the men’s and women’s restrooms on the third floor of City Hall. Built in 1997, and after 25+ years of use, City Hall’s restrooms, especially those on the lower floors most utilized by the public are showing signs of deterioration that are beyond repair and require a complete renovation
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company for the City Hall Third Floor Restroom Remodel in an Amount Not-to-exceed $225,960.
RECOMMENDATION
That Council adopts the resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $225,960.
SUMMARY AND BACKGROUND
The City Hall Third Floor Restroom Remodel project is part of the Facilities Capital Improvement Program (CIP) and supports the City’s commitment to provide facilities for employees and the public that are serviceable and in a good state of repair. The current project scope includes a complete restroom remodel of both the men’s and women’s restrooms on the third floor of City Hall. Built in 1997, and after 25+ years of use, City Hall’s restrooms, especially those on the lower floors most utilized by the public are showing signs of deterioration that are beyond repair and require a complete renovation.
DISCUSSION
Hayward City Hall, located at 777 B Street, will have the third-floor men’s and women’s restrooms completely remodeled. The remodeling will consist of new waterless urinals, hands free faucets and flushometers for the toilets and basins, new basins, new low-maintenance flooring and wall tile, paint, ceiling tile, quartz counters, stainless steel partitions and mirrors.
The two unisex restrooms include shower facilities utilized by City staff; these will be included in the projects remodel scope. The Facilities CIP has funding programmed in FY 2023-2026 to remodel all restroom facilities within City Hall, one-floor per fiscal year over the next three years. To ensure uniformity, a similar renovation scope of work will be completed on each floor, ending on the fourth floor FY 2026, renovations on the first floor were completed in FY 2023.
The City of Hayward is proposing to use Sourcewell, formerly the National Joint Powers Authority (NJPA), which competitively bid construction tasks with pre-set unit prices and specifications for general construction services including materials, equipment, and labor costs, to contract with Staples Construction Company for the remodel.
Sourcewell previously went through a competitive bidding process and awarded a contract.
California Government Code Section 6500 et seq. authorizes public agencies to enter into an agreement to jointly exercise any power in common to public agencies, including participating in cooperative purchasing agreements, while still remaining within the City’s adopted rules and procedures for purchasing. A job walk was held, and Staples Construction Company submitted a proposal in the amount of $215,200. Additionally, the City is requesting a 5% project contingency in the amount of $10,760. Staff has reviewed this proposal and recommends a contract award not-to-exceed $225,960 and there is ample budget available in the FY25 Facilities CIP.
FISCAL IMPACT
The total project cost $225,960 will be funded through FY 2025 Facilities Capital Improvement.
CITY FACILITY UPDATE CIP #7222 PROJECT COSTS
Staples Construction Company $215,200
Contractor Contingency $10,760
TOTAL PROJECT COST $225,960
SUSTAINABILITY FEATURES
The City of Hayward is committed to developing projects that are environmentally responsible. Therefore, staff will ensure that the work scope proposed by the contractor incorporates features that are in line with the City’s sustainability guidelines.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure.
NEXT STEPS
Once the attached resolution is approved, City staff will negotiate and execute a not-to-exceed contract of $225,960 with Staples Construction Company for improvements to City Hall third floor restrooms.
Prepared by: Allen Koscinski, Facilities Manager
Liz Moran, Management Analyst II
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXCUTE AN AGREEMENT WITH STAPLES CONSTRUCTION COMPANY FOR
THE CITY HALL THIRD FLOOR RESTROOM RENOVATIONS IN AN AMOUNT NOT TO EXCEED $ 225,960 AND MAKING ASSOCIATED FINDING
AUTHORIZING PROCUREMENT OF THE WORK THROUGH A COOPERATIVELY
PURCHASED CONTRACT
WHEREAS, the Facilities Capital Improvement Program is created to fund facility infrastructure projects with a focus on providing safe, clean and green facilities for employees and the public; and
WHEREAS, after 25 years of staff and public use , City Hall restrooms have aged beyond a point of normal repair; and
WHEREAS, Hayward Municipal Code section 2 -8.01 requires new construction in excess of $35,000 that results in adding space or capacity to an existing facility or that results in extending the useful life of an existing facility to be competitively bid, or alternatively for the work to be procured in the open market if the City Council deems it more beneficial or economical to do so; and
WHEREAS, the City proposes to use a contract that was cooperatively purchased by Sourcewell, a Minnesota public agency, formerly known as the National Joint Powers Authority (NJPA); and
WHEREAS, the City of Hayward is a long -time member of the Sourcewell JPA and is authorized by the Joint Exercise of Powers Act (Gov. Code 6500 et seq.) to enter into agreements with other public agencies, including out of the state agencies, to exercise common powers; and
WHEREAS, cooperative purchasing, sometimes referred to as “piggyback purchasing” is a process where the procurement is conducted by, or on behalf of, one or more public procurements units; and
WHEREAS, Sourcewell advertised a statewide competitive solicitation for bids to provide general building and construction services to Sourcewell/NJPA members throughout California, which yielded 32 bids from which Staples Construction Company was awarded a multi-year contract by Sourcewell; and
WHEREAS, this procurement method complies with the City of Hayward’s purchasing policies as well as the requirements of Municipal Code section 2 -8.01 relating to procuring works for new construction in the open market as an alternative to competitive bidding; and
WHEREAS, this project is categorically exempt from environmental review pursuant to section 15301 of the CEQA guidelines relating to minor alterations of existing public structures or facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that pursuant to Hayward Municipal Code section 2 -8.01 it is more economical and beneficial to procure the work for the City Hall Third Floor Restroom Renovations project by using Sourcewell’s cooperatively purchased contract with Staples Construction Company, rather than advertising for bids.
BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute an agreement with Staples Construction Company, in an amount not to exceed $225,960 for the City Hall Third Floor Restroom Renovations project, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-431
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 Increasing the Contract Amount for Staples Construction Company, Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 by $19,000, for a Total Not-to-Exceed Contract Amount of $1,023,000
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 increasing the contract amount for Staples Construction Company. Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 by $19,000, for a total not- to-exceed contract amount of $1,023,000.
SUMMARY
The America Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure to both support and expand City operations and services in a post-COVID environment. One of the Council’s Strategic Priority projects that supports infrastructure investment is the complete remodel and renovation of aging restroom and locker room facilities in the City’s Corporation Yard (Corp Yard) buildings. This project will improve the aging restroom and locker room facilities utilized by field staff in both Maintenance Services (MS) and Public Works-Utilities Environmental Services (PWUES) by reconfiguring the usable space more efficiently, replacing outdated infrastructure installed over 60 years ago, and making improvements to meet ADA compliance.
Furthermore, the project scope will improve ventilation and modernize the facilities to support adequate social distancing in an effort to reduce transmission of the COVID virus in the workplace. Staff recommends entering into an agreement with Staples Construction Company (Staples Construction) to completely renovate the restroom and locker room facilities at the Corp Yard that will provide accessible, serviceable, and healthy workspaces for City employees.
ATTACHMENTS
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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File #:CONS 24-431
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT Adoption of a Resolution Authorizing the City Manager to execute Amendment No. 1 Increasing the Contract Amount for Staples Construction Company, Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 by $19,000, for a Total Not-to-Exceed Contract Amount of $1,023,000.
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 increasing the contract amount for Staples Construction Company. Inc. for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230 by $19,000, for a total not-to-exceed contract amount of $1,023,000.
SUMMARY
The America Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure to both support and expand City operations and services in a post-COVID environment. One of the Council’s Strategic Priority projects that supports infrastructure investment is the complete remodel and renovation of aging restroom and locker room facilities in the City’s Corporation Yard (Corp Yard) buildings. This project will improve the aging restroom and locker room facilities utilized by field staff in both Maintenance Services (MS) and Public Works-Utilities Environmental Services (PWUES) by reconfiguring the usable space more efficiently, replacing outdated infrastructure installed over 60 years ago, and making improvements to meet ADA compliance.
Furthermore, the project scope will improve ventilation and modernize the facilities to support adequate social distancing in an effort to reduce transmission of the COVID virus in the workplace. Staff recommends entering into an agreement with Staples Construction Company (Staples Construction) to completely renovate the restroom and locker room facilities at the Corp Yard that will provide accessible, serviceable, and healthy workspaces for City employees.
BACKGROUND AND DISCUSSION
On December 7, 2023, the City entered a contract with Staples Construction Company, Inc. for the entire project. Staff requests an amendment to the contract to increase the total contract amount by $19,000 to account for unforeseen construction conditions for a total-not-to- exceed contract amount of $1,023,000. The unanticipated changes included the following:
relocation and addition of fire sprinkler heads to maintain compliance with the California Fire Code, and additional lighting controls and fixtures to be compliant with Title 24 Energy Code.
After the concrete work was completed, the contractor realized the floor was too uneven to apply the epoxy coating so a self-leveling concrete topping had to be applied. As far as the plumbing changes, due to unforeseen obstructions in the concrete slab, the plumbing had to be relocated to accommodate ADA code in the shower area. After the contractor had started the demolition of a loadbearing wall, they discovered a 6” stem wall that wasn’t on the as built plans. They had to remove the stem wall to accommodate the designed opening for an alcove.
FISCAL IMPACT
There is sufficient budget available in the FY 2025 Facilities Capital Improvement Fund to cover the cost of increasing the contract amount by $19,000 with Staples Construction Company, Inc. for a total project budget of $1,023,000.
STRATEGIC ROADMAP
This agenda item is a routing operational item and does not relate to any of the six priorities outlined in the Council’s Strategic Roadmap.
NEXT STEPS
If the Council adopts the resolution, staff will prepare a contract amendment for execution.
Prepared by: Liz Moran, Management Analyst II
Allen Koscinski, Facilities Manager
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXCUTE A MENDMENT NO.1 TO THE CONTRACT WITH STAPLES
CONSTRUCTION COMPANY, INC. FOR THE CORPORATION YARD COMPLETE RESTROOM & LOCKER ROOM REMODEL PROJECT RP230 BY $19,000 , FOR A TOTAL AMOUNT NOT-TO-EXCEED $1,023,000.
WHEREAS, the City of Hayward and Staples Construction Company, Inc. entered into a contract dated the 7th day of December 2023, for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230; and
WHEREAS, unforeseen construction conditions requires an increase to the existing contract to complete the project; and
WHEREAS, City Council approved the increase in project budget using the FY2025 Facilities Capital Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to execute Amendment No. 1 with Staples Construction Company, Inc. for additional services in the amount not -to-exceed $ 19,000 thereby increasing the total contract not to exceed $ 1,023,000 for the Corporation Yard Complete Restroom & Locker Room Remodel Project RP230.
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 24-435
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company, Inc. for the Hayward Animal Shelter Flooring and Wall Upgrade Project RP030 in an Amount Not-to-Exceed $257,331
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to-exceed $257,331.
SUMMARY
The America Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure to both support and expand City operations and services in a post-COVID environment. In FY 2022, as part of the Council’s Strategic Priority project that supports infrastructure investment, ARPA funds were appropriated for the Animal Shelter project at 16 Barnes Ct. This project will replace the aging flooring in multiple sections of the facility and make improvements to other select pieces of failing infrastructure within this 50-plus year-old facility. These improvements will create a more cohesive environment within the building and improve the overall visitor experience.
Staff recommends entering into an agreement with Staples Construction Company, Inc. to replace flooring and wall coatings in multiple areas that have reached the end of their useful life which will provide a more accessible, serviceable, and healthy space for the public and Animal Services staff.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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1 DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adoption of a Resolution Authorizing the City Manager to Negotiate and Execute an Agreement with Staples Construction Company, Inc. for the Hayward Animal Shelter Flooring and Wall Upgrade Project RP030 in an Amount Not-to-Exceed $257,331
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute an agreement with Staples Construction Company, in an amount not-to- exceed $257,331.
SUMMARY AND BACKGROUND
The America Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure to both support and expand City operations and services in a post-COVID environment. In FY 2022, as part of the Council’s Strategic Priority project that supports infrastructure investment, ARPA funds were appropriated for the Animal Shelter project at 16 Barnes Ct. This project will replace the aging flooring in multiple sections of the facility and make improvements to other select pieces of failing infrastructure within this 50-plus year- old facility. These improvements will create a more cohesive environment within the building and improve the overall visitor experience.
Staff recommends entering into an agreement with Staples Construction Company, Inc. to replace flooring and wall coatings in multiple areas that have reached the end of their useful life which will provide a more accessible, serviceable, and healthy space for the public and Animal Services staff.
DISCUSSION
The Hayward Animal Shelter, located at 16 Barnes Court, was built in 1969. While many components and facility infrastructure remain operational, some are in a failing state of repair and beyond the end of their useful life. The flooring, the walls and the kennels of the original
section of the shelter are in most need of improvements. In the original kennels, cat adoption area, food prep area and hallway, a combination of grinding and manual flooring removal will be completed to prepare for a new chemical resistant and non-abrasive epoxy flooring. In addition to new flooring, the facility’s main hallway will receive new wall panels (FRP) to create strong walls and surfaces that are scratch-resistant and able to withstand high impacts.
Additionally, horizontal barriers (crash rails) will be installed to protect the wall surface that often receives damage from carts, equipment and foot traffic. This project will improve the overall user experience for the public and staff, it will also improve the conditions for the animals that will be housed there and reduce the potential spread of animal-based disease.
Staples Construction, Inc. was identified as a qualified contractor through Sourcewell, a third party that conducts competitive bidding processes to establish pre-set unit prices for various materials, equipment, and services. California Government Code section 6500 et seq. authorizes public agencies to enter into an agreement to jointly exercise any power in common to public agencies, including participating in cooperative purchasing agreements, while remaining within the City’s adopted rules and procedures for purchasing.
Staff invited Staples Construction, Inc. for a walk-through to confirm project scope and submit a proposal. Staff reviewed Staples Construction’s submitted proposal in the amount of $227,331 and confirms it meets the projects desired scope of work. Staff recommends awarding a contract in said amount with a contingency ($30,000) for a total not-to-exceed contract amount of $257,331.
FISCAL IMPACT
ANIMAL CONTROL PROJECT COST #RP030
ARPA Project RP030 $227,331
Contingency $ 30,000
PROJECT TOTAL $257,331
In FY 2022, ARPA funds were appropriated for the Animal Shelter (Project RP030) to support public health expenditures through capitalization investments in public facilities to meet operational needs. To date, no funds have been spent on this project, and the budget appropriation for this project has been carried forward and appropriated in FY 2025. This project will be fully funded by ARPA and has no impact on the General Fund.
SUSTAINABILITY FEATURES
The scope of this project identifies using non-toxic and water-based epoxy materials.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure.
NEXT STEPS
If approved, the City Manager will negotiate and execute an agreement with Staples Construction Company, Inc. in an amount not-to-exceed $257,331 to support the Animal Shelter Flooring and Wall Project RP030.
Prepared by: Liz Moran, Management Analyst II
Allen Koscinski, Facilities Manager
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH STAPLES CONSTRUCTION COMPANY, INC.
FOR THE HAYWARD ANIMAL SHELTER FLOORING AND WALL PROJECT RP030 IN AN AMOUNT NOT -TO-EXCEED $ 257,331 AND MAKING
ASSOCIATED FINDING S AUTHORIZING PROCUREMENT OF THE WORK
THROUGH A COOPERATIVELY PURCHASED CONTRACT
WHEREAS, the America Rescue Plan Act of 2021 (ARPA) included funding to invest in building and infrastructure investments needed to help maintain and expand City Operations and services in a post COVID environment; and
WHEREAS, built in (1969), the City of Hayward’s Animal Shelter Facility at 16 Barnes Ct. has flooring and walls in need of repair that have reached the end of their useful life; and
WHEREAS, Hayward Municipal Code section 2 -8.01 requires new construction in excess of $35,000 that results in adding space or capacity to an existing facility or that results in extending the useful life of an existing facility to be competitively bid, or alternatively for the work to be procured in the open market if the City Council deems it more beneficial or economical to do so; and
WHEREAS, the City proposes to use a contract that was cooperatively purchased by Sourcewell, a Minnesota public agency, formerly known as the National Joint Powers Authority (NJPA); and
WHEREAS, the City of Hayward is a long -time member of the Sourcewell JPA and is authorized by the Joint Exercise of Powers Act (Gov. Code 6500 et seq.) to enter into agreements with other public agencies, including out of the state agencies, to exercise common powers; and
WHEREAS, cooperative purchasing, sometimes referred to as “piggyback purchasing” is a process where the procurement is conducted by, or on behalf of, one or more public procurements units; and
WHEREAS, Sourcewell advertised a statewide competitive solicitation for bids to provide general building and construction services to Sourcewell/NJPA members throughout California, which yielded 32 bids from which Staples Construction Company, Inc. was awarded a multi-year contract by Sourcewell: and
ATTACHMENT II
WHEREAS, this procurement method complies with the City of Hayward’s purchasing policies as well as the requirements of Municipal Code section 2 -8.01 relating to procuring works for new construction in the open market as an alternative to competitive bidding; and
WHEREAS, this project is categorically exempt from environmental review pursuant to section 15301 of the CEQA guidelines relating to minor alterations of existing public structures or facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that pursuant to Hayward Municipal Code section 2 -8.01 it is more economical and beneficial to procure the work for the Hayward Animal Shelter Flooring and Wall Project RP030 by using Sourcewell’s cooperatively purchased contract with Staples Construction Company, Inc , rather than advertising for bids.
BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute an agreement with Staples Construction Company, Inc, in an amount not to exceed $257,331 for the Hayward Animal Shelter Flooring and Wall Project RP030 , in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-436
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $57,630.69, for the Removal of Underground Fuel Storage Tanks for a Not-to-Exceed Amount of $162,343, for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to amend the Contract with EBA Engineering (EBA) for additional services to remove an additional three underground fuel storage tanks for the Mission Boulevard Corridor Improvements Phase 3 project by $57,630.69 for a NTE amount of $162,343.
SUMMARY
Construction of the Mission Boulevard Corridor Improvements Phase 3 project from A Street to Rose Street started on July 10, 2023. After the start of construction, several unforeseen issues were encountered that have extended the estimated construction completion date to Summer of 2025.
One of the issues encountered during construction was an unanticipated existing underground fuel storage tank (UST). The UST encountered was removed by EBA through a purchase order. Since then, three additional USTs were discovered at a different location. The cost to remove these additional USTs exceeds the purchase order threshold.
Staff recommends that Council authorizes the City Manager to amend the contract with EBA to increase the contract amount by $57,630.69, with a total NTE amount of $162,343.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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File #:CONS 24-436
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $57,630.69 for the Removal of Underground Fuel Storage Tanks for a Not-to-Exceed Amount of $162,343 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to amend the Contract with EBA Engineering (EBA) for additional services to remove an additional three underground fuel storage tanks for the Mission Boulevard Corridor Improvements Phase 3 project by $57,630.69 for a not to exceed amount of $162,343.
SUMMARY
Construction of the Mission Boulevard Corridor Improvements Phase 3 project from A Street to Rose Street started on July 10, 2023. After the start of construction, several unforeseen issues were encountered that have extended the estimated construction completion date to Summer of 2025.
One of the issues encountered during construction was an unanticipated existing underground fuel storage tank (UST). The UST encountered was removed by EBA through a purchase order. Since then, three additional USTs were discovered at a different location. The cost to remove these additional USTs exceeds the purchase order threshold.
Staff recommends that Council authorizes the City Manager to amend the contract with EBA to increase the contract amount by $57,630.69, with a total not to exceed amount of $162,343.
BACKGROUND
Construction of Phase 1 of the Mission Boulevard Corridor Improvement Project from A Street to Industrial Parkway and Foothill Boulevard from Mission Boulevard to Apple Avenue was completed in January 2014. Construction of Phase 2 of the project from
Industrial Parkway to the south City limit at Blanche Street was completed in March 2021.
The third and final phase of the Mission Boulevard Corridor Improvement Phase 3 project is from A Street to the north City limit at Rose Street.
On February 07, 20231, Council adopted a resolution approving the plans and specifications for the construction of the Mission Boulevard Corridor Improvement Phase 3 project and call for bids. On April 25, 20232, Council adopted a resolution awarding the construction contract to general contractor DeSilva Gates Construction for the construction of this project.
DISCUSSION
Construction for the project started on July 10, 2023. After removal of the sidewalk on the west side of Mission Blvd., between Smalley Avenue and A Street an underground fuel storage tank (UST) was uncovered by the contractor. A cost proposal from the general contractor was received; however, due to high cost quoted for testing and removal of the UST, staff requested cost proposals from other certified tank removal contractors. EBA, who has successfully removed USTs in another City project had the lowest cost. EBA’s cost proposal included permitting, removal of the tank by a certified tank removal subcontractor, testing of the soil and final reporting. A purchase order was issued to EBA after which the UST was successfully removed, the underlying soil was tested and the final reporting completed.
EBA was in turn tasked to research historical records in anticipation of possible additional USTs along the project route of Mission Blvd. They determined that there are two other locations that were former gas stations. When the contractor removed the sidewalk on the west side of Mission Blvd., between Grace Street and Melvin Court, they uncovered three additional USTs. EBA’s cost proposal to remove the three USTs is $57,630.69, which includes soil testing and final reporting.
While the cost for removal of the first tank was processed through a requisition for a purchase order, this added cost exceeds the purchase order threshold. Staff recommend execution of an amendment to increase the value of the contract with EBA for UST removal services by $57,630.69 for a total not-to-exceed contract amount of $162,343.
ECONOMIC IMPACT
Since a portion of this project is funded by Measure BB, this project is required to meet Local Business Contracting Equity (LBCE) Program goals. The participation goals are 60% for Local Business Enterprise (LBE) and 20% for Small Local Business Enterprise (SLBE) pursuant to the Alameda CTC Local LBCE Program. DeSilva Gates Construction (DGC) has listed 37% LBE participation and 4% SLBE participation which do not meet the goals;
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6016047&GUID=BF9CF5A0-AF01-4CA0-9A64- 8AA3D25988FC&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6187475&GUID=F3CFD36B-63D9-457D-A1B1- 7A19356405F1&Options=&Search=
however, DGC has provided documentation of good faith efforts. Staff continues to track DGC’s listed LBE and SLBE participation throughout construction.
In addition to the LBCE goals, the City’s Community Workforce Agreement is a requirement of the contract since the engineer’s estimate is over $1,000,000. One of the CWA goals is that Hayward residents and especially Hayward Unified School District Graduates will perform a minimum 30% of the hours worked on a craft-by-craft basis.
Currently, electricians are meeting the goal at 33%, laborers are at 24%, teamsters are at 2%, operating engineers are at 1%, and carpenters are both at 0%. Staff continues to track and remind the contractor of the goal.
Completion of Phase 3 improvements will result in a complete street and positive economic benefits for businesses along the Mission Boulevard Corridor. Additionally, this project will contribute to the economic vitality of the City and County since this project is required to meet the LBCE goals.
FISCAL IMPACT
The estimated project costs for Phase 3 are as follows:
Estimated Cost
Design $1,800,000
Construction $15,742,743
Construction Contingency (ACO) $1,574,274
Estimated PG&E Contract for Undergrounding $1,800,000
Construction Admin, Inspection, Testing $2,288,000
Phase 3 Project Total $23,205,017
The Adopted FY2025 CIP includes a total of $23,205,017 for the Mission Boulevard Corridor Improvements Phase 3 project. Staff recommends funding the increase costs for the amendment amount with EBA through the appropriated project budget. Currently, there is sufficient funding in Construction Admin, Inspection and Testing to absorb the additional costs associated with the amendment to EBA Engineering contract.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project:
Project 7c: Complete design of Mission Boulevard Phase 3 and construction
SUSTAINABILITY FEATURES
This project incorporates sustainability features as they relate to water, energy, and the environment. Additionally, improvements such as the cycle track and sidewalk will
promote health through physical activity.
PUBLIC CONTACT
Prior to the start of construction, notices were mailed to businesses and residents informing them of the work and start of construction. Businesses and residents are also notified prior to temporary closures at their frontage for demolition of the sidewalk and improvements. The USTs mentioned in the Discussion section have delayed work at the frontage of the business where existing sidewalks have been removed.
NEXT STEPS
If Council approves the resolution for this amendment, staff will increase the contract amount with EBA. EBA has tentatively scheduled removal of the USTs the last week of September or the first week of October.
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
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE CONTRACT WITH EBA ENGINEERING FOR
UNDERGROUND STORAGE TANK REMOVAL SERVICES FOR THE MISSION BOULEVARD CORRIDOR IMPROVEMENTS PHASE 3 PROJECT
WHEREAS, the aforesaid parties have entered into that certain Contract dated 29th day of March 2024 between the City of Hayward and EBA Engineering, for Mission Boulevard Corridor Improvements Phase 3”; and
WHEREAS, the City and the Consultant desire to amend the Contract in certain respects to provide additional underground storage tank removal services for the Mission Boulevard Corridor Improvements Phase 3 Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to execute, on behalf of the City of Hayward, an amendment to the contract with EBA Engineering for additional underground storage tank removal services in an amount not-to-exceed $57,630.69, thereby increasing the total contract amount to a total not -to-exceed $162,343 associated with the Mission Boulevard Corridor Improvements Phase 3 Project, in a form approved by the City Attorney.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-441
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving Plans and Specifications and Call for Bids for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312
RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the plans and specifications for the construction of the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312.
SUMMARY
The construction documents are completed, and staff seeks Council approval of the plans and specifications and to proceed to the call for bids.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Proposed Improvements
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving Plans and Specifications and Call for Bids for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312
RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving the plans and specifications for the construction of the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312.
SUMMARY
The construction documents are completed, and staff seeks Council approval of the plans and specifications and to proceed to the call for bids.
BACKGROUND
Orchard Avenue is a minor arterial roadway. From Soto Road heading east, it consists of one lane in each direction for approximately 1,300 feet until Joyce Street, where it opens up to two lanes in each direction for approximately 1,450 feet ending at Mission Boulevard.
The surrounding area is residential with some businesses closer to Mission Boulevard.
Orchard Avenue has a history of traffic calming efforts. In 1992, the City extended Hayward Boulevard to directly connect to Carlos Bee Boulevard, making it easier to use Carlos Bee Boulevard and Orchard Avenue to access Jackson St through Soto Rd, and other areas in the City. In September 1999, City staff held a neighborhood meeting to discuss proposed improvements to reduce the speeding on Orchard Avenue and Soto Road. At the meeting, a roundabout was proposed with an even split of residents who favored and opposed the idea. After the meeting, staff researched potential traffic-calming strategies and developed a traffic calming plan that consisted of a roundabout at Orchard Avenue & Joyce Street and two raised intersections along Orchard Avenue at Muir Street and Thomas Avenue. The plan to construct a temporary roundabout was approved by Council on February 15, 2000, and installed the same month. Staff confirmed after the installation of the roundabout that
the average speed along Orchard Avenue decreased from 33 to 26 miles per hour. City Council approved the design and construction of a permanent roundabout on September 19, 2000.
Although the roundabout led to a significant reduction in the average speed, residents have identified other issues of concern on Orchard Avenue The roundabout was not centered along the centerline of the western approach; therefore, it was less effective for eastbound traffic. Increased new and used car dealers along Mission Boulevard along with increased traffic brought more heavy vehicles and trucks along Orchard Avenue. Recently, City staff received feedback that the raised intersections were not effective and caused excessive noise. As speeding has generally increased in the Bay Area and in the State post-pandemic, recent data collected in 2023 on Orchard Avenue between Joyce Street and Oneil Avenue confirmed high average speeds of 36 to 37 miles per hour.
On January 22, 2024, City staff held a neighborhood meeting to discuss plans to improve Orchard Avenue and receive feedback. The plans discussed at the meeting focused on improving the operation of the roundabout and removing the raised intersections. In addition, the police department discussed its enforcement strategy for Orchard Avenue.
Over 50 residents attended the meeting and provided feedback about various issues including the roundabout, increased speeding, truck traffic, parking issues, and desire for more crosswalks. Residents also requested that something be done in the short-term.
In the following months, staff developed a short-term traffic calming plan that would target an earlier construction date than the proposed plans discussed in the neighborhood meeting. The short-term plan includes striping and delineation devices to improve the operation of the roundabout and remove a traffic lane in each direction on Orchard Ave between Joyce Street and Mission Boulevard. The plan also includes changes to the lane configurations at Mission Boulevard. City staff presented the short-term plan to the neighborhood during an online meeting held on May 9, 2024. Sixteen residents attended the meeting and feedback was mostly positive with some concerns about the effectiveness of the proposed plan.
At the June 26, 2024 Council Infrastructure & Airport Committee (CIAC) meeting, staff presented the short-term plans to the Committee and to receive further feedback. City staff spent the months of July and August revising the plans and developing specifications to prepare for the City’s bid solicitation process.
DISCUSSION
City staff developed the Orchard Avenue Traffic Calming short-term plans in response to the feedback received for improvements to be made quickly. The proposed short-term plans consist of:
Adding painted islands with vertical delineation at the roundabout and its approaches.
Restriping of the north crosswalk across Joyce Street approaching the roundabout from standard transverse style to high-visibility ladder. Removing one travel lane in each direction from Joyce Street to Mission Boulevard using vertical delineation and edge lines.
Extending the length of the median using striping near the Orchard Avenue & Oneil Avenue intersection.
Removing one eastbound left-turn lane and one westbound right-turn lane at the Orchard Avenue/Carlos Bee Boulevard & Mission Boulevard intersection. Installing additional no truck-signage near Mission Boulevard & Orchard Avenue, Orchard Avenue & Soto Road, and Jackson Street & Soto Road.
The benefits of using a short-term, or quick-build, approach derive from the use of materials that can be quickly installed. By using such materials, the City can reduce the overall implementation time and costs to install traffic calming countermeasures. The short-term plan also allows for an iterative approach and it gives staff the opportunity to monitor and evaluate the effects of the improvements before making future decisions on more permanent changes. It also makes it easier to revert back the changes if anticipated improvements are not realized.
One challenge with using quick build materials is that they may require more maintenance due to vehicles coming in contact with traffic devices. The short-term plan is not intended to address all of the concerns that have been voiced by residents. Staff will continue to refine the comprehensive long-term plan that was developed for the January public meeting, informed by the implementation of the short-term project. The short-term project will allow staff to evaluate the changes before evaluating and implementing long-term improvements. Future long-term plans may require additional funding.
The City has recently experienced success in projects using quick build materials on the Campus Drive Traffic Calming Project, which achieved increased safety and reduced speeds at a low cost with the use of similar improvements. Now named the “Quick-Build Pilot Project”, staff recommends that Council approve the final plans and specifications so the Orchard Avenue Traffic Calming Quick-Build Pilot Project can proceed to the call to bids.
Staff will return to Council at a future date when a contractor has been selected for approval.
ECONOMIC IMPACT
This item has no direct impact.
FISCAL IMPACT
This item will not impact the General Fund. Funding for this project is associated with Measure BB - Pedestrian & Bicycle (Fund 213).
The estimated project costs are as follows:
Estimated Costs (Fund 213)
Construction $160,240
Construction Contingency $24,036
Total $184,276
Updated project costs will be provided when construction bids are received and at the time of award.
The quick-build pilot project is not intended to address all issues on Orchard Avenue.
Future long-term plans may require additional funding to implement.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure: Invest in Infrastructure. Specifically, this item relates to the implementation of the following project:
Project N1: Continue to implement major corridor traffic calming initiatives
SUSTAINABILITY FEATURES
This project will include safety improvements that will benefit pedestrian and bicycle modes of travel, which may facilitate increased use of these modes of transportation.
PUBLIC CONTACT
Public outreach for this project was first conducted through an in-person neighborhood meeting on January 22, 2024. A second neighborhood meeting with the purpose of providing an update and introducing the short-term traffic calming plan was held online on May 9, 2024. For both meetings, approximately 1,500 notices were mailed in both English and Spanish. A recording of the meeting was made available on the City’s project website.
NEXT STEPS
Approval of plans and specifications would allow staff to release a call for bids in September. Staff will then look to select a contractor in October with anticipated request for approval of the contractor on the October 22nd council meeting. Construction would then kickoff with a goal of completion by the end of the year.
Prepared by: Byron Tang, Senior Transportation Engineer 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 APPROVING PLANS AND SPECIFICATIONS FOR THE ORCHARD AVENUE TRAFFIC CALMING QUICK-BUILD PILOT PROJECT, PROJECT NO. 05312 AND CALL FOR BIDS
WHEREAS, those certain plans and specifications for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312 on file in the office of the City Clerk, are hereby adopted as the plans and specifications for the project; and
WHEREAS, the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and
WHEREAS, sealed bids therefore will be received by the City Clerk’s office at City Hall, 777 B Street, City Hall Rotunda, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday, October 1, 2024, and immediately thereafter publicly opened and declared by the City Clerk in the Hayward City Hall Rotunda, located on the 1 st Floor of City Hall, Hayward, California.
NOW, THEREFORE, BE IT RESOLVED that the City Council will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same:
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
Oneil Ave
ATTACHMENT III
ATTACHMENT III
ATTACHMENT III
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-443
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT
Adopt a Resolution Rejecting All Bids, Approving Revised Plans and Specifications, and Calling for Bids for the Jackson Street Gateway Monument Sign Project
RECOMMENDATION
That the Council adopts a resolution (Attachment II) rejecting all bids for the Jackson Street Gateway Monument Sign Project, approving revised plans and specifications, and calling for construction bids to be received on October 30, 2024.
SUMMARY
In FY23, Council directed Maintenance Services to design, reconstruct, and replace the gateway monument sign located Jackson Street and Silva Avenue. Jackson Street is an arterial route to access Downtown Hayward, Highways 880 and 580, and the Hayward/San Mateo Bridge. As one of the most heavily traveled routes in the City, construction of a new gateway sign will create a distinct, attractive, and strategic wayfinding marker for residents and visitors entering the City. In May 2024, staff released a call for bids and received only one (1) bid. The submitted bid was almost 20% over engineer’s estimate, with specific line items ranging from 80% - 778% of estimation. Staff is requesting Council to reject the sole bid, approve the revised plans and specifications, and call for construction bids to be received on October 30, 2024.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 1
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Maintenance Services
SUBJECT: Adopt a Resolution Rejecting All Bids, Approving Revised Plans and Specifications, and Calling for Bids for the Jackson Street Gateway Monument Sign Project
RECOMMENDATION
That the Council adopts a resolution (Attachment II) rejecting all bids for the Jackson Street Gateway Monument Sign Project, approving revised plans and specifications, and calling for construction bids to be received on October 30, 2024.
SUMMARY
In FY 2023, Council directed Maintenance Services to design, reconstruct, and replace the gateway monument sign located Jackson Street and Silva Avenue. Jackson Street is an arterial route to access Downtown Hayward, Highways 880 and 580, and the Hayward/San Mateo Bridge. As one of the most heavily traveled routes in the City, construction of a new gateway sign will create a distinct, attractive, and strategic wayfinding marker for residents and visitors entering the City. In May 2024, staff released a call for bids and received only one (1) bid. The submitted bid was almost 20% over engineer’s estimate, with specific line items ranging from 80% - 778% of estimation. Staff is requesting Council to reject the sole bid, approve the revised plans and specifications, and call for construction bids to be received on October 30, 2024.
BACKGROUND AND DISCUSSION
Originally constructed in 1970, the existing monument sign (Figure 1) is in a failing state of repair and well beyond its useful life. To create a sense of continuity within the community, the new monument (Figure 2) incorporates similar aesthetic features to the existing gateway sign located on the south-end of Mission Boulevard. Using the new South Hayward gateway sign as the standard, the Jackson Triangle sign will include similar features that include, light- colored pavers, large boulders, textured facade, in-ground lighting, and drought-tolerant plants (Figure 3). New, attractive features include a low-energy, low-water use cascading waterfall on black granite that is recycled through a shallow, stone pond. Likewise, a new
walking path will be accessible and LED uplighting will provide visibility at night. Surrounding the sign will be drought-resistant, native plants and updated low-water use irrigation controllers and drip irrigation. Furthermore, the adjacent diseased and deteriorating pine trees have been removed and will be replaced with native trees. The new monument and plaza will create a sense of place in the heart of the Jackson Triangle and will be a great way to welcome residents and visitors to Hayward.
In November 2023, staff engaged Gates + Associates for design and engineering services, leveraging their experience from designing the Mission Boulevard gateway sign to support this project. Collaboratively, Gates and staff finalized the plan, specifications, bid documents, and estimated the project to cost roughly $820,000. On May 21, 2024, Council adopted Reso 24-101 to approve the plans and specifications and release a call for bids (RFQ 24-045). On July 23, 2024, staff received and evaluated one (1) submitted bid in the amount of $960,400, almost 20% above the engineer’s estimate. Specific line items throughout the proposal were somewhere between 80% - 778% of estimated cost. Staff revised the plans and specifications to better reflect the project needs. Staff is requesting Council’s approval to reject all bids, approve the revised plans and specifications, and authorize calling for bids to be received on October 30, 2024.
This project is categorically exempt from environmental review under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines for the replacement or reconstruction of an existing structure with the same size, purpose, and capacity. Likewise, because the construction cost estimate is less than $1,000,000, the Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), does not apply to this project.
Figure 1: Existing Monument Figure 2: Proposed Monument
Figure 3: Proposed Enhancements
ECONOMIC IMPACT
This item does not provide a direct economic impact. However, the construction of the monument sign will provide public safety and environmental benefits through the following:
Enhanced public safety: updated lighting for night visibility Environmental preservation: updated landscaping with drought-tolerant plants, low water-use irrigation controllers and cascading water feature, and low energy-use lighting
Improved accessibility: new walking path
FISCAL IMPACT
The Adopted FY 2024 Capital Improvement Program (CIP) appropriated $200,000 to begin development for this project in the Capital Projects (Governmental) Fund – Fund 405.
Unspent budget appropriations in FY 2024, will carryforward into FY 2025. Any necessary
budget adjustments once bids are received will be presented to Council for consideration and approval.
STRATEGIC ROADMAP
This item supports Council’s strategic priority of Invest in Infrastructure, specifically:
Invest in City Facilities and Property – Project N11: Replace and relocate the existing monument gateway sign located on Jackson Street and Silva Avenue
SUSTAINABILITY FEATURES
This item has no direct sustainability features. However, construction of the new sign will incorporate features such as drought tolerant plant materials, recycled water, water and energy conservation features, and light-colored pavers to reduce the urban heating effect.
PUBLIC CONTACT
A notice to contractors was publicized on May 24, 2024 for the first call for bids. The bid was open from May – July 2024. Staff opened the submitted bid(s) on July 23, 2024. A new notice to contractors will be published on September 20, 2024 for the revised plans and specifications. The new bid will be publicized from September – October 2024.
NEXT STEPS
If Council approves this request, staff will reject the submitted bid and, release the call for bids with the revised plans and specifications, and collect bids.
Prepared by: Manny Grewal, Management Analyst
Rod Affonso, Deputy Director of Maintenance Services
Recommended by: Todd Rullman, Director of Maintenance Services
Approved by:
_________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION REJECTING ALL BIDS, APPROVING REVISED PLANS AND
SPECIFIFCATIONS, AND CALLING FOR BIDS FOR THE JACKSON STREET
GATEWAY MONUMENT SIGN PROJECT
WHEREAS, in FY23, Council direct Maintenance Services to replace and reconstruct the gateway monument sign located on Jackson Street and Silva Avenue, and
WHEREAS, in FY24, Council adopted Resolution 24 -101 to approve the plans and specifications and release a call for bids (RFQ 24-045) for the project with estimated cost of $820,000, and
WHEREAS, in July 2024, staff received and evaluated one (1) bid in the amount of $960,000, almost 20% over engineer’s estimate, and
WHEREAS, staff recommends rejecting the bid , approve the revised the plans and specifications, and re-release the project, and
WHEREAS, the Project is categorically exempt from environmental review under Section 15301(c) of the California Environmental Quality Act (CEQA) for existing facilities, consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alterations of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use; and
WHEREAS, the revised plans and specifications for the Project are on file in the City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED, that all bids submitted for RFQ 24 -045 are rejected, and
BE IT FURTHER RESOLVED, that the revised plans and specifications for the Jackson Street Gateway Monument Sign Project, Project 405 -07488, on file in the City of Hayward’s City Clerk’s Office, are herby adopted as the plans and specifications for the Project, and
BE IT FURTHER RESOLVED, that the City Clerk is herby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law, and
BE IT FURTHER RESOLVED, sealed bids will therefore be received through the City’s online procurement website up to the hour of 3:00pm on Wednesday, October 30, 2024, and immediately thereafter electronically opened, and
BE IT RESOLVED, that the City Council will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of the same.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-459
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt Resolution 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 Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,231,824 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 resolution (Attachments II) authorizing the City Manager to 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 authorizing the City Manager to transfer and appropriate additional funds in the amount of $3,231,824 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 $3,231,824 from the Measure C Fund.
ATTACHMENTS
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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File #:CONS 24-459
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt Resolution 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 Authorizing the City Manager to Transfer and Appropriate Additional Funds in an Amount of $3,231,824 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 resolution (Attachment II) authorizing the City Manager to 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 authorizing the City Manager to transfer and appropriate additional funds in the amount of $3,231,824 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 $3,231,824 from the Measure C Fund.
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 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
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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
Estimated
project cost
at the time
of award of
the
construction
contract
Estimated
project cost
from
January
2023 for the
additional
funding of
$5,596,800
Estimated
project cost
from
November
2023 for the
additional
funding of
$2,030,000
Current
project cost
estimates
Construction Contract $52,397,000 $52,397,000 $52,397,000 $52,397,000 Construction Contingency
(ACO) $5,239,700 $5,239,700 $6,400,000 $6,690,676
Global Settlement (paid
through ACO) n/a n/a n/a $2,425,000
Consultant Design $5,000,000 $4,692,270 $4,692,270 $4,692,270 Construction Management
Administration $4,000,000 $5,787,000 $5,992,000 $5,955,217 Inspector of Record
Service & Special Testing $1,500,000 $2,070,000 $2,070,000 $2,209,187 Demolition of old Fire
Station and FTC $425,000 $378,494 $378,494 $378,492
Temporary Housing $500,000 $610,000 $720,117 $763,079 Permit & Utility Fees $940,000 $400,000 $400,000 $496,909 Fixture, Furniture &
Equipment $600,000 $4,300,000 $4,655,364 $4,802,866
Staff Construction
Administration $300,000 $624,000 $823,219 $936,128 Total $70,901,700 $76,498,464 $78,528,464 $81,746,824
The current project cost estimate column with items in bold are the changes from the
November 2023 project cost estimate and the subject of this request.
At award of contract, $5,239,700 (10% of the construction contract) for construction contingency was approved. The current $6,690,676 construction contingency represents
12.8% the construction contract amount. This percentage increases by 4.6% with the global settlement amount of $2,425,000 added to construction contingency.
Appropriation of Additional Funds
The Adopted FY25 CIP includes a total of $78,515,000 for the FS6/FTC project. The current figure of $78,515,000 is more accurate than what was presented in November 2023 as it includes all expenses, including staff time, and encumbrances through the end of fiscal year 2024. Since the November 2023 project cost estimate, many items have increased resulting in an 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. The additional $793,360 plus the global settlement amount of $2,425,000 for a total $3,218,360, make the current total estimated project cost $81,746,824 which exceeds the approved project cost amount of $78,515,000. Therefore, staff recommends that Council authorize the City Manager to transfer additional funds in the amount of $3,231,824 from Measure C Operating (Fund 101) to Measure C Capital (Fund 406) and appropriate the same amount to the Project.
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 resolution, 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 $3,231,824 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
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 AND TO
TRANSFER AND APPROPRIATE ADDITIONAL FUNDS, IN AN AMOUNT OF $3,231,824 FOR THE FIRE STATION 6 AND FIRE TRAINING CENTER PROJECT, PROJECT NOS. 07481 AND 07482
WHEREAS, by Resolution RES 20 -119, City Council awarded the contract for the construction of Fire Station 6 and Fire Training Center (FS6/FTC) to S.J. Amoroso; and
WHEREAS, by Resolution RES 20 -119 on July 7, 2020, the City Counci l 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, 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 Co llege 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. Amor oso requested compensation for extended general conditions not caused by the contractor which staff negotiated for a global settlement that included conditions one of which included resolving all issues with all subcontractors; 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
ATTACHMENT II
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 of $793,360 for construction contingency in approved change orders, inspector of record service & special testing, temporary housing, permit & utility fe es, FF&E and staff construction administration and additional funding of $2,425,000 for the global settlement to address contractor’s and its subcontractors’ any and all outstanding change orders and any and all outstanding and future claims are required to support the construction of the Project; and
WHEREAS, there is suffic ient fund balance in Fund 101 (Measure C Operating) to support the allocation of an additional $3,231,824 toward the Project; and
WHEREAS, a transfer from Fund 101 (Measure C Operat ing Fund) to Fund 406 (Measure C Fund) is required to allocate the said funds to the Project.
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 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 for the FS6/FTC project and transfer of funds and appropriation of funds, in the amount of $3,231,824, 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.
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 24-473
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Public Works Director
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn & Associates, Inc., for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944, in an Amount Not-to-Exceed $549,772.26 and Appropriate an Additional $92,489.34, from Fund 460 to the Project
RECOMMENDATION
That Council adopts resolutions (Attachments II and III):
1. Authorizing the City Manager to execute a Professional Services Agreement (PSA) with Kimley- Horn & Associates, Inc., (Kimley-Horn) for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944 in an amount not-to-exceed $549,772.26; and
2. Authorize the Appropriation of $92,489.34 from Fund 460 to the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements Project, Project No. 06944, for a total project balance of $598,731.80.
SUMMARY
On July 9, 2024, the City received four (4) valid proposals for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements Project. The Project proposes to upgrade the railroad crossing located on Tennyson Road at the Union Pacific Railroad (UPRR) tracks by mitigating existing potential hazards to reduce the chance of future transportation-related incidents. Kimley-Horn’s proposal ranked the highest with an average score of 89.5/100 based on criteria established in the published Request for Proposal 24-031. The negotiated cost proposal with Kimley-Horn is for $549,772.26.
Staff recommends awarding a PSA to Kimley-Horn in the amount described above and appropriate an additional $92,489.34 to cover additional consultant and staff costs to complete the Preliminary Engineering Phase. All additional funds are expected to be fully reimbursed by the Federal Railway- CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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File #:CONS 24-473
Highway Crossings (Section 130) grant funds.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution Amendment for Kimley-Horn
Attachment III Resolution Appropriation of Funds
CITY OF HAYWARD Printed on 9/13/2024Page 2 of 2
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DATE: September 17, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn & Associates, Inc., for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944, in an Amount Not-to-Exceed $549,772.26 and Appropriate an Additional $92,489.34 from Fund 460 to the Project
RECOMMENDATION
That Council adopts resolutions (Attachments II and III):
1. Authorizing the City Manager to execute a Professional Services Agreement (PSA) with Kimley-Horn & Associates, Inc., (Kimley-Horn) for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944 in an amount not-to-exceed $549,772.26; and
2. Authorize the Appropriation of $92,489.34 from Fund 460 to the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements Project, Project No. 06944, for a total project balance of $598,731.80.
SUMMARY
On July 9, 2024, the City received four (4) valid proposals for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements Project. The Project proposes to upgrade the railroad crossing located on Tennyson Road at the Union Pacific Railroad (UPRR) tracks by mitigating existing potential hazards to reduce the chance of future transportation-related incidents. Kimley-Horn’s proposal ranked the highest with an average score of 89.5/100 based on criteria established in the published Request for Proposal 24-031. The negotiated cost proposal with Kimley-Horn is for $549,772.26.
Staff recommends awarding a PSA to Kimley-Horn in the amount described above and appropriate an additional $92,489.34 to cover additional consultant and staff costs to complete the Preliminary Engineering Phase. All additional funds are expected to be fully reimbursed by the Federal Railway-Highway Crossings (Section 130) grant funds.
BACKGROUND
The Tennyson Road and Union Pacific Railroad (UPRR) Crossing was originally identified by the Alameda County Transportation Commission (ACTC) Rail Safety Enhancement Project, Phase A (RSEP-A). The RSEP project is intended to design and implement crossing improvements on many crossings throughout Alameda County. Due to increases in scope and to access funding from the Federal Railway-Highway Crossings (Section 130) program, the City took on the lead for the public (non-railroad) portion of the project.
The Section 130 Program is a federal program that provides funding to the States on a formula basis to fund safety improvements that reduce the number of fatalities, injuries, and crashes at public railway-highway grade crossings. Projects funded through this program are 100% funded for both the railroad and road agency and do not require a local match. The Section 130 Program for California is administered by the California Department of Transportation (Caltrans) and provided through Caltrans Local Assistance, which awards funding to specific projects based on previous incidents and conditions at each crossing.
On June 23, 2023, Caltrans issued an E-76, a formal Federal Authorization to Proceed, and initiated the Preliminary Funding Phase of this project under the Section 130 Program.
While the Tennyson project was previously managed by ACTC through the RSEP-A program, at the request of Caltrans, the City accepted management the public road portions of the project. UPRR will manage the portion of the project that is within their right-of-way.
On January 23, 20241, Council approved a resolution authorizing the City Manager to accept and appropriate $506,242.46 of the Federal Section 130 funds.
DISCUSSION
The Tennyson Road rail crossing consists of a four-lane, generally east-west oriented roadway and one track of the UPRR Roseville Division, Niles Subdivision, intersecting at a 100-degree crossing angle. The roadway is 91 feet wide, including 5-foot bicycle lanes in both directions and 18-foot-wide raised concrete medians on both sides of the crossing.
There are concrete sidewalk approaches to the crossing. UPRR and Amtrak currently operate trains at the crossing. From October 2016 to June 2023, there were four train- involved reported incidents at the Tennyson Road rail crossing; out of four incidents, two were pedestrians, one was a bicyclist and one was a motorist-involved collision. One of two pedestrian incidents and the bicyclist incident resulted in fatality and the motorist collision resulted in injuries.
On May 31, 2024, a Request for Proposal (RFP) was advertised and issued for the Preliminary Engineering Phase of the project. The Preliminary Engineering phase includes the background research, environmental clearance, utility coordination, traffic and lighting studies, developing final plans and specifications, right-of-way engineering, and submitting
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6484932&GUID=AEC64E78-83BF-4AE3-B852-25A8335D9E8E&Options=&Search=
the GO 88-B Authorization Request to the California Public Utilities Commission (CPUC). On July 9, 2024, the City received four (4) valid proposals from CSWST2, Kimley-Horn, JMA Civil, and TKDA. Federal projects require an evaluation of proposals based only on qualifications first with negotiations on cost after a top selection is made. Kimley-Horn’s proposal was ranked the highest based on the criteria set forth in the RFP with an average score of 89.5/100. The remaining ranking placed JMA Civil second (77.5), CSWST2 third (70.5), and TKDA fourth (61.5). Negotiations with Kimley-Horn resulted in a revised cost proposal of $549,772.26.
The total cost of the design phase is expected to be $598,772.26, including the consultant cost proposal of $549,772.26 and the estimated City staff costs of $48,959.54. The estimated staff costs include project management public outreach, and review hours required for the project. City staff is working with Caltrans to receive a revised E-76 and Grant Agreement for the full amount, including the additional consultant and City staff costs totaling $92,489.34.
The execution of this contract and appropriation of additional funding will allow the City to proceed with the Preliminary Engineering Phase of the project. The anticipated completion of the final plans and specifications is expected to be by the end of 2026.
ECONOMIC IMPACT
This item has no direct economic impact. However, the project, which is adjacent to Cesar Chavez Middle School, will provide improved safety and access for students, pedestrians, bicyclists, and motorists at the Tennyson Road and UPRR railroad crossing. These improvements will improve the transportation system in the South Hayward area on Tennyson Road.
FISCAL IMPACT
The adopted FY25 CIP Budget has an allocated project budget of $506,242 from Fund 460.
Staff recommends the appropriation of an additional $92,489.34 for a new total project balance of $598,731.80 to cover the consultant and staff costs to complete the Preliminary Engineering Phase. Of the $598,731.80, consultant cost makes up $549,772.26 while staff cost is $48,959.54. Fund 460, Transportation System Improvement, has a sufficient fund balance to cover the increase and appropriation. Project expenses, including the additional consultant and staff costs totaling $92,489.34 will be fully reimbursed by the Federal Railway-Highway Crossings grant fund. Staff is coordinating with Caltrans to amend the grant agreement to include the additional $92,489.34. This item has no impact on the General Fund.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Invest in Infrastructure. Specifically, this item relates to the implementation of the following projects:
Project N1: Continue to implement major corridor traffic calming initiatives.
Project N4: Implement Safe Routes for School, with a focus on Cesar Chavez and Palma Ceia.
SUSTAINABILITY FEATURES
The project intends to improve the railroad crossing to be safer and more accessible for all modes of transportation. It supports the City’s recent Safe Routes to School efforts at Cesar Chavez Middle School and encourages active transportation through increased safety. With Cesar Chavez Middle School and Tennyson High School nearby, the project will help ensure that walking and cycling are safe options for students and residents in the area.
PUBLIC CONTACT
No public contact has been made related to this agenda item.
NEXT STEPS
If Council approves this request, the City Manager will execute a PSA with Kimley-Horn & Associates, Inc., for the Preliminary Engineering Phase of the Tennyson Road Crossing Safety Improvements, Project No. 06944 in a not-to-exceed amount of $549,772.26 and appropriate an additional $92,489.34 from Transportation System Improvement (Fund 460) to bring the total project balance to $598,731.80. Project schedule for the preliminary engineering phase is below:
Task/Phase Anticipated Completion
Data Gathering & Background Research December 2024
Traffic Study December 2024
Environmental March 2025
Final PS&E December 2025
Right-of-Way July 2026
Bidding and Construction Support TBD
Prepared by: Byron Tang, Senior Transportation Engineer 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 __________
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY -HORN & ASSOCIATES, INC., FOR
CONSULTING SERVICES FOR THE PRELIMINARY ENGINEERING PHASE OF THE TENNYSON ROAD CROSSING SAFETY IMPROVEMENTS, PROJECT NO. 06944 IN AN AMOUNT NOT-TO-EXCEED $549,772.26
WHEREAS, professional service assistance is needed for the Preliminary Engineering Phase of the Tennyson Road Rail Crossing Safety Project, Project No. 06944; and
WHEREAS, the Preliminary Engineering Phase will provide environmental clearance, final plans and specifications, and submittal for modification of an existing rail crossing to the California Public Utilities Commission; and
WHEREAS, on July 9, 2024, four (4) valid proposals were received and evaluated based on qualifications and Kimley-Horn & Associates, Inc. was ranked the highest with an average score of 89.5/100 based on criteria established in the Request for Proposal 24-031; and
WHEREAS, the negotiated cost proposal is in the amount of $549,772.26.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a professional services agreement with Kimley-Horn & Associates, Inc., for consulting services in a no t-to-exceed amount of $549,772.26, in a form to be approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT III
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
AUTHORIZE THE APPROPRIATION OF $92,489.34 FROM FUND 460
TRANSPORTATION SYSTEM IMPROVEMENT TO THE PRELIMINARY
ENGINEERING PHASE OF THE TENNYSON ROAD CROSSING SAFETY
IMPROVEMENTS PROJECTS , PROJECT NO. 06944 , FOR A TOTAL PROJECT BALANCE OF $598,731.80
WHEREAS, on January 23, 2024, Council authorized the City Manager to accept and appropriate $506,242.46 of Federal Railway -Highway Crossings Section 130 funds for the Tennyson Road Crossing Safety Improvements Project, Project No. 06944; and
WHEREAS, additional funds appropriated to the Project are needed to support the cooperative agreement wit h Caltrans, professional services , and staff costs for the Preliminary Engineering Phase; and
WHEREAS, the total project balance required to complete the Preliminary Engineering Phase is $598,731.80.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to appropriate $92,489.34 from the Transportation System Improvement (Fund 460) to the Tennyson Road Rail Crossing Safety Improvements Project , Project No. 06944 , for a total project balance of $598,731.80.
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 24-476
DATE: September 17, 2024
TO: Mayor and City Council
FROM: City Manager
SUBJECT
Adopt a Resolution Authorizing the Interim City Manager to Execute an Economic Development Loan Agreement with the Hayward Economic Development Corporation Setting the Terms for Repayment of the City’s $8,600,000 Loan and Finding the Action is Exempt from CEQA Review
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the Interim City Manager to enter into the Economic Development Loan Agreement (Attachment III) setting the terms for the repayment of $8.6 million the City made to the Hayward Economic Development Corporation for purchase of 1069 B Street, LLC’s leasehold interest in the Cinema Place property and finding the action is exempt from CEQA review.
SUMMARY
On January 8, 2024, in an effort to further the City’seconomic development goals and activities for the downtown area, the City Council authorized a loan from the General Fund in the amount of $8.6 million to the Hayward Economic Development Corporation to purchase the rights, duties, and obligations pursuant to the leasehold interest to the Cinema Place Property.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Loan Agreement
CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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DATE: August 20, 2024
TO: Mayor and City Council
FROM: Interim City Manager
SUBJECT: Adopt a Resolution Authorizing the Interim City Manager to Execute an Economic Development Loan Agreement with the Hayward Economic Development Corporation Setting the Terms for Repayment of the City’s $8.6 Million Loan and Finding the Action is Exempt from CEQA Review
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the Interim City Manager to enter into the Economic Development Loan Agreement (Attachment III) setting the terms for the repayment of $8.6 million the City made to the Hayward Economic Development Corporation for purchase of 1069 B Street, LLC’s leasehold interest in the Cinema Place property and finding the action is exempt from CEQA review.
SUMMARY
On January 8, 2024, in an effort to further the City’s economic development goals and activities for the downtown area, the City Council authorized a loan from the General Fund in the amount of $8.6 million to the Hayward Economic Development Corporation to purchase the rights, duties, and obligations pursuant to the leasehold interest to the Cinema Place Property.
BACKGROUND AND DISCUSSION
In 2005, the Hayward Redevelopment Agency (RDA) entered into a ground lease with the Cinema Place developer, which expires in 2056, for the Property located at 22631-228522 Foothill Blvd., (APN 428-0066-086 and 428-0066-085) (Property). In 2007, the RDA entered into a Parking Lot Maintenance Agreement with the Cinema Place developer for Municipal Lot 3 (the City oversees the maintenance, including utilities, cleaning contracts, and facility updates). The lease and parking agreements were subsequently transferred to the Hayward Redevelopment Successor Agency (Successor Agency) and the current tenant: 1069 B Street, LLC. 1069 B Street, LLC, holds a leasehold interest in the Property under the Ground Lease and holds specified rights under the Parking Agreement.
On November 8, 2013, the Successor Agency received a "Finding of Completion" from the California Department of Finance (the "Department") pursuant to Section 34179.7 of the
Health and Safety Code, confirming that the Successor Agency had made specified required payments under the Dissolution Act and entitling Successor Agency to prepare and submit a Long-Range Property Management Plan (the "LRPMP") for approval by its local oversight board and the Department.
Successor Agency staff prepared a proposed LRPMP, and obtained its local oversight board's approval of the proposed LRPMP. In accordance with Section 34191.3 of the Health and Safety Code, the Successor Agency staff submitted the LRPMP to the Department for consideration.
The Department approved the LRPMP by determination letter issued on September 4, 2015.
The Property is subject to the Existing Disposition Agreement, the Ground Lease, and the Parking Agreement are collectively referred to as the "Cinema Place Enforceable Obligations.”
Consistent with the Approved LRPMP, the Successor Agency will continue to retain the fee interest in the Property for the entire term of the Cinema Place Enforceable Obligations (through July 11, 2057, but subject to a ten-year extension to July, 11, 2067).
During the Summer of 2023, 1069 B Street, LLC (Seller), informed the Successor Agency of its desire to transfer its rights, duties, and obligations in the Property and under the various agreements that govern the relationship between the Seller and the Successor Agency.
The City of Hayward recently formed the Hayward Economic Development Corporation . The City’s intent in forming this public benefit corporation was to allow for the City to continue to achieve its economic development activities and implement the economic development goals of the City. In an effort to further the City’s economic development goals and activities for the downtown area, the Hayward Economic Development Corporation determined to purchase the rights, duties, and obligations in the Property and entered into negotiations regarding the same.
On January 8, 2024, the City Council authorized the loan from the General Fund in the amount of $8.6 million to the Hayward Economic Development Corporation to purchase the rights, duties, and obligations pursuant to the leasehold interest to the Cinema Place Property. Acquisition of the Cinema Place leasehold interest and assignment of rights and duties under various agreements will help maintain the existing tax revenue and jobs and allow for the opportunity for creation of new jobs and opportunities for economic development in the future.
Terms of the Lease Agreement
The following is a summary of the essential terms of the Economic Development Loan Agreement:
Term – 15 years (2040)
Deferment Period – January 31, 2025.
Interest – 5.86% for the first 5 years; thereafter adjusted annually at the rate achieved by the City’s Managed Portfolio plus 1%
The entirety of the Economic Development Loan Agreement is attached to this staff report as Attachment III.
The following provides the amortization schedule for the duration of the loan:
Year
Annual
Principal
Annual
Interest*
Remaining
Principal Balance
2025 $337,344 $453,806 $8,262,656
2026 389,226 473,849 7,873,430
2027 412,657 450,417 7,460,773
2028 437,499 425,575 7,023,274
2029 463,837 399,237 6,559,437
2030 491,759 371,315 6,067,678
2031 521,363 341,711 5,546,315
2032 552,749 310,325 4,993,566
2033 586,024 277,049 4,407,541
2034 621,303 241,771 3,786,238
2035 658,705 204,369 3,127,533
2036 698,359 164,715 2,429,173
2037 740,400 122,674 1,688,773
2038 784,972 78,102 903,801
2039 832,227 30,846 71,573
2040 71,573 350 0
Total $8,600,000 $4,346,108
* This schedule assumes a 5.86% Interest rate for the life of the loan and is an approximation.
Environmental Review
This action is exempt from CEQA per State CEQA Guidelines, Not a Project (Public Resources Code§ 21065, State CEQA Guidelines 15378(b)(4))
ECONOMIC IMPACT
This project supports the City’s efforts to maintain and grow the economy and prevent a vacant downtown anchor site by ensuring active use. A direct quantification of the economic impacts is not estimable.
FISCAL IMPACT
The funding to capitalize the Corporation and allow it to complete the purchase is estimated to be $8.5 million plus closing and any additional costs. Staff estimate the overall initial fiscal impact to the City ’s General Fund will be $8.6 million , made as a loan to the Economic Development Corporation. These funds will be repaid over time by the Corporation to the General Fund from lease revenues and operating proceeds of the pr operty. The City
conveyance of funds is being made pursuant to the City’s police power authority conferred by California Constitution Article XI, Section 7.
STRATEGIC ROADMAP
The proposed project supports the Strategic Priority of Grow the Economy.
SUSTAINABILITY FEATURES
The actions discussed in this report do have any known direct or identifiable sustainability features.
NEXT STEPS
Following authorization of the conveyance of funds by the City to the Corporation and Successor Agency’s approval of the conveyance by the Seller to the Corporation, the Corporation and Seller will enter into a Conveyance Agreement regarding the Property.
Thereafter, the County Oversight Board will review the item and issue a finding of approval, which will be subject to the review of the California Department of Finance.
Prepared and Recommended by: Vadim Sidelnikov, Assistant City Attorney
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. _______________
Introduced By Council Member _______________
A RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HAYWARD
AUTHORIZING THE INTE RIM CITY MANAGER TO EXEC UTE AN ECONOMIC
DEVELOPMENT LOAN AGR EEMENT WITH THE HAYW ARD ECONOMIC
DEVELOPMENT CORPORATION SETTING THE TERM S FOR REPAYMENT OF THE CITY’S $8.6 MILLION LOAN AND FINDING THE ACTION IS EXEMPT FROM
CEQA REVIEW
WHEREAS, in 2005, the Haywa rd Redevelopment Agency (RDA) entered into a ground lease with the Cinema Place developer, which expires in 2056, for the Property located at 22631-228522 Foothill Blvd., (APN 428-0066-086 and 428-0066-085) (Property); and
WHEREAS, in 2007, the RDA entered into a Parking Lot Maintenance Agreement with the Cinema Place developer for Municipal Lot 3; and
WHEREAS, the lease and parking agreements were subsequently transferred to the Hayward Redevelopment Successor Agency (Successor Agency) and the curr ent tenant:
1069 B Street, LLC, which holds a leasehold interest in the Property under the Ground Lease and holds specified rights under the Parking Agreement; and
WHEREAS, the City recognizes the benefits associated with the creation of economic opportunity and community economic development in the city; and
WHEREAS, the City has formed a nonprofit public benefit corporation known as Hayward Economic Development Corporation (the "Corporation"); and
WHEREAS, in an effort to further the City’s economic development goals and activities for the downtown area, the Corporation determined to purchase, the rights, duties, and obligations in the Property and entered into negotiations regarding the same; and
WHEREAS, the City agreed to provide a loan from the G eneral Fund in an amount of $8.6 million to facilitate the Corporation’s purchase of the rights, duties, and obligations in the Property; and
WHEREAS, the City and the Corporation wish to enter into a Economic Development Loan Agreement to repay the City’s funds.
WHEREAS, this action is exempt from CEQA per State CEQA Guidelines, Not a Project (Public Resources Code§ 21065, State CEQA Guidelines 15378(b)(4)).
ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward , finds the above recitals true and correct and by this reference makes them a part hereof.
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute the Economic Development Loan Agreement, in a form approved by the City Attorney, attached hereto.
IN COUNCIL, HAYWARD, CALIFORNIA, August, _________, 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 for the City of Hayward
ATTACHMENT III
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: WS 24-025
DATE: September 17, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Tree Preservation Ordinance Update: Work Session on the Proposed Policy Recommendations for the Updated Tree Preservation Ordinance
RECOMMENDATION
That the Council review the proposed policy recommendations and provide feedback, as necessary, on the development and adoption of an updated Tree Preservation Ordinance.
SUMMARY
In May 2023, the City hired Dudek to assist with updates to the City’s Tree Preservation Ordinance, completion of a citywide Tree Canopy Survey, and updates the landscaping guidelines for the Hayward Executive Airport. While work on the Ordinance and the landscaping guidelines for the Airport continue, the Tree Canopy Survey has been completed and staff is looking for additional guidance from Council on several policy recommendations, which are based on best practices and support the more recently adopted environmental and sustainability goals of the City. The City’s existing Tree Preservation Ordinance is contained within the Hayward Municipal Code (HMC) and establishes the guidelines for the protection of existing trees in the City of Hayward as well as the establishes the process for removing, replacement, and mitigation for trees which are covered by the Ordinance.
Following review and analysis of the City’s existing Tree Preservation Ordinance, in conjunction with best practices and similar approaches from other cities, staff is recommending several policy changes to the existing Ordinance to refine the current processes for preserving the protected trees and tree canopy, while offering creative, flexible and realistic solutions for applicants that need to mitigate the removal of existing trees throughout the City. As part of this analysis, staff has identified several key policy areas of the Ordinance that are important for Council to consider as the City works to achieve its environmental and sustainability goals, including:
· Does the Council support the expansion and protection of native trees on private property, as defined by staff?
· Does the Council support the designation of heritage trees throughout the City, as defined by staff? CITY OF HAYWARD Printed on 9/13/2024Page 1 of 2
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oIf so, does the Council support a higher level of discretionary review when proposing to remove heritage trees, such as approval from the Planning Commission or City Council? · Does the Council support mitigation requirements for the loss of tree canopy? · Does the Council support an in-lieu fee option for off-site mitigation? · Does Council support the proposed changes to the tree removal permit fee and time frame associated the duration of these permits?
Following feedback and direction from Council, staff will continue to update and finalize the draft Ordinance prior to release for public review and feedback, which is expected later this year.
ATTACHMENTS
Attachment I Staff Report
Attachment II Tree Canopy Survey
Attachment III Benefits of Tree in Urban Areas
Attachment IV Tree Survey Summary
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DATE: September 17, 2024
TO: City Council
FROM: Development Services Director
SUBJECT: Tree Preservation Ordinance Update: Work Session on the Proposed Policy Recommendations for the Updated Tree Preservation Ordinance.
RECOMMENDATION
That the Council review the proposed policy recommendations and provide feedback, as necessary, on the development and adoption of an updated Tree Preservation Ordinance.
SUMMARY
In May 2023, the City hired Dudek to assist with updates to the City’s Tree Preservation Ordinance, completion of a citywide Tree Canopy Survey, and updates the landscaping guidelines for the Hayward Executive Airport. While work on the Ordinance and the landscaping guidelines for the Airport continue, the Tree Canopy Survey has been completed and staff is looking for additional guidance from Council on several policy recommendations, which are based on best practices and support the more recently adopted environmental and sustainability goals of the City. The City’s existing Tree Preservation Ordinance is contained within the Hayward Municipal Code (HMC) and establishes the guidelines for the protection of existing trees in the City of Hayward as well as the establishes the process for removing, replacement, and mitigation for trees which are covered by the Ordinance.
Following review and analysis of the City’s existing Tree Preservation Ordinance, in conjunction with best practices and similar approaches from other cities, staff is recommending several policy changes to the existing Ordinance to refine the current processes for preserving the protected trees and tree canopy, while offering creative, flexible and realistic solutions for applicants that need to mitigate the removal of existing trees throughout the City. As part of this analysis, staff has identified several key policy areas of the Ordinance that are important for Council to consider as the City works to achieve its environmental and sustainability goals, including:
Does the Council support the expansion and protection of native trees on private property, as defined by staff?
Does the Council support the designation of heritage trees throughout the City, as defined by staff?
o If so, does the Council support a higher level of discretionary review when proposing to remove heritage trees, such as approval from the Planning Commission or City Council?
Does the Council support mitigation requirements for the loss of tree canopy? Does the Council support an in-lieu fee option for off-site mitigation? Does Council support the proposed changes to the tree removal permit fee and time frame associated the duration of these permits?
Following feedback and direction from Council, staff will continue to update and finalize the draft Ordinance prior to release for public review and feedback, which is expected later this year.
BACKGROUND
Since 1986 for the past thirty-four consecutive years until 2019, Hayward has been recognized as “Tree City USA” by the Arbor Day Foundation. Tree City USA is a nationwide movement established in collaboration with the U.S. Forest Service and the National Association of State Foresters in 1976. The program aims to recognize communities nationwide that are taking steps toward effectively managing and expanding public trees.
The City of Hayward adopted its first tree preservation ordinance in the late 1950s, establishing a need to preserve significant trees based on size and species. There have been two updates since then, in 1971 and 2002. These updates ranged from minor updates to more significant policy changes, with the most substantial update occurring in 2002.
Since the last update in 2002, the city’s population has grown significantly leading to a higher demand for more housing and development. To address the housing crisis in California, the State has recently enacted new legislation intended to streamline development review processes and spur new housing construction. These new laws have required changes and updates to the City’s General Plan, Zoning Ordinance, and related development standards to allow for these higher-density developments. However, many projects located on infill sites require the removal of existing mature trees and a reduction in the amount of landscape area to accommodate the new development. This limits an applicant’s opportunity to mitigate tree removals within the proposed development.
Updates to the Tree Preservation Ordinance and the Hayward Executive Airport Landscape Guidelines are a combined effort that focuses on a comprehensive review and update of the City’s existing Tree Preservation Ordinance, and any related Zoning Regulations, as well as updates to the landscape design guidelines near Hayward Executive Airport to determine what landscaping materials are appropriate to minimize wildlife and ensure public safety within the Airport safety zones. This project also includes the completion of a Tree Canopy analysis for the City, including all trees located on public and private property, open space and natural resource areas, creek and riparian areas and within golf courses.
Since the last major update to the Tree Preservation Ordinance in 2002, the State of California and City of Hayward have adopted subsequent goals and policies that focus on sustainability, climate change, and the environment, including the reduction of greenhouse gas emissions
and the adoption of new hazard mitigation strategies to combat wildfires. Several additional Plans have been adopted to support these initiatives, including adoption of the Shoreline Adaptation Master Plan to combat sea-level rise and updates to the Climate Action Plan to reduce our carbon footprint and greenhouse gas emissions.
Prior to the adoption of the Shoreline Adaptation Master Plan and updates to the Climate Action Plan, the City updated the Hayward 2040 General Plan1 in 2014, which established citywide goals and policies for protecting the environment, including the following:
Native Wildlife Habitat Protection (NR-1.1)
Sensitive Habitat Protection (NR-1.2)
Native Tree Protection (NR-1.7)
Native Plant Species Protection and Promotion (NR-1.9) Community Green House Gas Reduction (NR-2.4)
Erosion Control (NR-6.5)
Water Conservation (NR-6.9)
Native and Drought Tolerant Landscaping (NR-6.14)
Native Vegetation Planting (NR-615)
Landscape Ordinance Compliance (NR-61.16)
Hillside Residential Design Standards (NR-8.1)
DISCUSSION
While many of the proposed updates to the Tree Preservation Ordinance are minor and intended to clarify the tree preservation and removal process, staff is recommending several new policies changes in the Tree Preservation Ordinance to clarify which trees are protected throughout the City, establish tree canopy protections, provide an in-lieu fee mitigation option, and update the permit duration and fee amount to ensure greater cost recovery when evaluating these tree removal requests. Additional context on the proposed policy changes is discussed in greater detail below.
Expansion of Protected Trees. For a majority of single-family parcels, only trees within the front yard are covered by this Ordinance as trees located in rear yards are not protected, regardless of their size. Staff is recommending that native trees on single family properties, regardless of location, are protected by this Ordinance update, as defined by staff. This change will help disincentivize native tree removals in existing single-family neighborhoods, help maintain canopy cover citywide while decreasing the urban heat island effect and improving the overall quality of life. Native trees in rear yards make up only a small portion of trees on private property, but their impact on the environment far surpasses non-native trees, providing mature shade canopies, habitat to native wildlife and can grow with minimal water use and maintenance. Native trees recommended for protection on private property include:
1. Big leaf maple (Acer macrophyllum)
2. California buckeye (Aesculus californica)
3. Pacific madrone (Arbutus menziesii)
1 Hayward General Plan: Hayward_2040_General_Plan_FINAL.pdf (hayward-ca.gov)
4. California sycamore (Platanus racemosa)
5. Coast live oak (Quercus agrifolia)
6. Canyon live oak (Quercus chrysolepis)
7. Blue oak (Quercus douglassii)
8. Oregon white oak (Quercus garryana)
9. California black oak (Quercus kelloggii)
10. Valley oak (Quercus lobata)
11. Interior live oak (Quercus wislizenii)
12. California bay (Umbellularia californica)
13. California Black Walnut (Juglans hindsii)
For the purposes of this Ordinance, “native” trees are defined as those trees that grow naturally within the City of Hayward without additional maintenance or irrigation required.
Heritage Trees. Heritage Trees are trees recognized for their exceptional qualities, including the following criteria: size, age or form, aesthetic, horticultural, biological, historical or cultural significance. Although some municipalities use the term “Heritage Tree” interchangeably with “Protected Tree,” there is a difference between the definitions. Heritage trees are superior to protected trees due to their age, size and other attributes, and represent the most protected trees in a City.
Currently, the City recognizes and designates Memorial Trees but there are no protections for Heritage Trees, as defined above. Realizing the importance and contribution that heritage trees bring throughout the City, staff recommends that “Heritage Trees” be defined and added to the updated Ordinance. To be considered a “Heritage Tree”, a tree would need to satisfy at least three of the seven criteria listed above to be considered a Heritage Tree, as determined by the City’s Landscape Architect.
Staff notes that because these trees are typically considered of higher value and importance in the community, staff is recommending a higher level of discretion be used when considering requests to remove these trees, unless the tree is currently unhealthy, damaged or dying. In most cases, this would require Planning Commission or City Council review and approval of the tree removals, which are often tied to redevelopment of a site. Staff believes that requiring a higher level of review for trees that meet this requirement would serve as a deterrent to their removal but would also establish a process by which the Planning Commission or City Council could evaluate the removal in the context of the larger project benefits.
Tree Canopy Survey. As part of the update to the Tree Preservation Ordinance, Dudek completed a city-wide Tree Canopy Survey (Attachment II) using LiDar satellite imagery taken from 2020 to measure the overall canopy coverage of the city and establish a baseline of coverage by census tract. The Survey is a valuable tool that is typically updated every five years and helps provides insight as to how the overall tree canopy is expanding or contracting throughout the City. Maintaining and expanding the tree canopy in Hayward provides significant public benefits (as shown in Attachment III) and supports several key goals and policies found in the City’s Strategic Roadmap, Climate Action Plan and Hayward 2040 General Plan by the following:
Reducing the heat island effect
Filtering and reducing air pollutants
Slowing runoff in storm events that overwhelm city drainage systems Increasing carbon sequestration
Beautifying the City
Improving public health
Creating a better quality of life to work and live in
Results from the survey show that within the urban boundary of Hayward, the canopy coverage is currently estimated at 14.6% with the overall city-wide canopy coverage, which includes native oak woodlands on the upper hillside areas of Hayward, is estimated at 20.8%.
This data demonstrates the importance to protect and maintain the native oak woodland canopy throughout the City as it makes up nearly 30% of the overall canopy citywide. As shown in the graph below, the canopy analysis is broken down between public parcels (city owned land like parks), private parcels and street right of ways. The graph also highlights how public spaces, such as parks, provide more canopy coverage than the privately-owned parcels and right-of-way areas in the City.
In addition to understanding the coverage between public, private and within right-of-way areas, the Survey also looked at coverage in different neighborhoods throughout the City, which is reflected in the graph below:
It should also be noted that neighborhoods closer to the Baylands have the least amount of canopy coverage as no native trees would have naturally grown in these areas, resulting in far less canopy than other parts of Hayward.
Canopy Coverage in Other Jurisdictions. When comparing Hayward’s canopy coverage with other nearly jurisdictions, staff found three nearby cities that have adopted similar canopy goals as summarized below:
The City of Pleasanton currently has a canopy cover of 25.3% within their urban boundary with a goal to achieve 30% canopy cover in 25 years. The City of Alameda currently has canopy cover of 11.2% (ranging from 5.1% to
20.9% by census tract) with a goal to achieve 20% canopy cover in every census tract within 30 years.
The City of Palo Alto currently has a canopy cover of 23% within their urban boundary with a goal to achieve 30% canopy cover in 20 years.
Based on current estimates provided by Dudek, the timeframe to achieve 20% canopy cover within the urban parts of Hayward is estimated to take approximately 23.3 years, if planting 2,000 trees per year and assuming no losses or replacement of existing trees. Currently the Tree Canopy Survey reflects a 20.8% citywide canopy; however, that number is bolstered by the natural oak woodlands in the hillside areas of Hayward. When factoring only the lowland areas where a majority or residents and businesses are located in Hayward, that average drops to 14.8% coverage. Staff notes that while the findings of the Tree Canopy Survey
support many of staff’s recommendations for the Tree Preservation Ordinance, additional goals and policies for trees will be part of the Urban Forestry Management Plan, which is a separate project listed for implementation in the Hayward 2040 General Plan.
Tree Mitigation Overview. Currently, the City protects all trees in undeveloped properties with a trunk diameter of at least eight inches for non-California native trees and four inches for California native trees. The measurement of the diameter is taken at fifty-four inches above natural grade, also known as Diameter at Standard Height or DSH. If existing trees need to be removed to allow reasonable use or redevelopment of a property, applicants are required to mitigate the removal by replacement of new trees by “equal value or size”.
Prior to any tree removal, a certified arborist is required to determine the value of the tree by using the latest edition of Guide for Plant Appraisal, established by the International Society of Arboriculture. The valuation is then reviewed by the City’s Landscape Architect and used to determine the number and size of replacement trees required, in addition to other landscaping required as part of the Zoning Ordinance. On developed properties, trees are protected and preserved until the time redevelopment occurs, regardless of trunk diameter, and any tree removals, replacements or required mitigations are evaluated as part of the development review process. In addition to trees located on vacant or developed properties, any trees that are planted in memorial are protected after dedication by an entity recognized by the City. These trees can be removed but replacement trees are required.
Given the more recently adopted State legislation to streamline housing projects and the on- going pressure to develop underutilized parcels, tree replacement on-site is not always feasible due to space limitations and the need for on-site bioretention areas. As such, staff is proposing more flexibility to applicants to allow the option to mitigate on-site or pay an in- lieu fee to replace trees off-site, or some combination thereof.
Existing Mitigation Requirements. As indicated above, the Tree Preservation Ordinance currently requires that any removed protected tree must be replaced with a like-size, like- kind tree or an equal value tree determined by the City Landscape Architect. When on-site replacement is not feasible, another site may be designated that is mutually agreeable. While the current Ordinance requires mitigation be tied to the appraised value of the existing trees to be removed, it does not mitigate the loss of tree canopy, which is an important factor for supporting wildlife habitat, migratory birds, and combating climate change. As such, staff is recommending that tree canopy also be considered when mitigating tree removals on-site as discussed below.
Proposed Mitigation Recommendations. While the current Ordinance allows trees to be replaced with “like-size, like-kind”, it does not prescribe mitigation measures that are measurable or flexible as it allows applicants to satisfy the mitigation on a case-by-case basis, which is difficult to track and difficult to administer given that there are limited parameters applicants should adhere to. As part of the Tree Preservation Ordinance update and consistent with providing more specific guidance on tree removals and mitigation, staff is recommending the mitigation be expanded to include an option for on-site mitigation and an option to mitigate off-site through the payment of an in-lieu fee to cover the cost of plant materials and labor costs, or some combination thereof.