Hayward City Council
October 15, 2024

Tuesday, October 15, 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

October 15, 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:
https://hayward.zoom.us/j/82577781311?pwd=7Tlbs165eYmDjgFsEXNmNJTyqb3u0x.1 Meeting ID: 825 7778 1311
Password: C10/15@7pm
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 825 7778 1311
Password: 7447937339

CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Zermeño

October 15, 2024City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION

ROLL CALL

CLOSED SESSION ANNOUNCEMENT

PRESENTATION
Native American 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.

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

October 15, 2024City Council Agenda

CONSENT
Approve the Minutes of the Special City Council Meeting on October 1, 2024
MIN 24-1091.

Attachments: Attachment I Draft Minutes of 10/1/2024
Approve the Minutes of the Special City Council Meeting on October 8, 2024
MIN 24-1112.

Attachments: Attachment I Draft Minutes of 10/8/2024
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Wilsey Ham, a WHB
Company, for Design Services for the Campus Drive Sidewalk Project in an Amount Not to Exceed $256,000 for Project Nos. 05332, 05344, and 05345
CONS 24-5123.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $30,000 in Grant Funding Annually in Fiscal Years 2025 Through 2030 from the Alameda County Office of Homeland Security for the Hayward Fire Department’s
Community Emergency Response Team Program
CONS 24-5144.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the Specification of Sole Source Equipment to be Provided by Hydro International for the Water Resource Recovery Facility (WRRF) Grit Removal System in an Amount Not to Exceed $2,117,202
CONS 24-5205.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Placeworks in an
Amount Not to Exceed $250,000, for the Development of the City’s Community Based Transportation Plan (CIP Project 06940)
CONS 24-5216.

Attachments: Attachment I Staff Report
Attachment II Resolution

October 15, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with HydroScience Engineers for the Preparation of a Recycled Water System Master Plan in an Amount Not to Exceed $350,000
CONS 24-5227.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Current Agreement with InfoSend, Inc., for Utility Billing Services Related to the Water Customer Portal, Increasing the Contract by $75,000 and Enter into New
Contract with InfoSend for a Three-Year Term in an Amount Not to Exceed $720,000, with the Option to Extend for Two Additional One-Year Periods in an Amount Not to Exceed
$500,000
CONS 24-5258.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Accept Up to $500,000 in Donations From the Keith Lacey Trust to be Used by the Hayward Animal Services Bureau for Community Animal Programs, to Provide Shelter Pets Veterinary Care, to Purchase a Shelter Animal Van, and to Supplement Shelter Improvement Projects
CONS 24-5269.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Construction Contract with GSW
Construction, Inc., Increasing the Amount by $210,000 for a Not-to-Exceed Total Amount of $647,800
CONS 24-52710.

Attachments: Attachment I Staff Report
Attachment II Resolution

October 15, 2024City Council Agenda
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $100,000 in California for All Animals Grant Funding Awarded by the University of California, Davis Koret Shelter Medicine Program for Use by the Hayward Police
Department’s Animal Services Bureau
CONS 24-52811.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Tri-Valley Contracting, Inc. dba Tri-Valley Striping, for the Orchard Avenue Traffic Calming Quick Build Pilot Project, Project No. 05312, in the Amount of $159,237, and Approving $23,886 in Administrative
Construction Contingency
CONS 24-52912.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with All-Star Talent, Inc. for Recruitment Consulting and Services in an Amount of $167,800, with the Option to Renew for One Additional Annual Term for a Total Amount Not to Exceed $504,000
CONS 24-53013.

Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Accepting the Resignation of Denise
Thompson from the Personnel Commission, Effective
Immediately
CONS 24-53114.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter

October 15, 2024City Council Agenda
Adopt Resolutions Approving City Applications to the Alameda County Transportation Commission Comprehensive
Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation
Commission
CONS 24-53815.

Attachments: Attachment I Staff Report
Attachment II Resolution - Downtown Bike Loop
Attachment III Resolution - D Street
Attachment IV Resolution - Jackson Street
Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2025 pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act CONS 24-54216.

Attachments: Attachment I Staff Report
Attachment II Resolution

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

Housing Element Implementation: Work Session on Proposed Zoning Text Amendments to Chapter 10 (Planning, Zoning and Subdivisions) of the Hayward Municipal Code Related to
Supportive Housing Programs Associated with Implementation of the Hayward 2023-2031 Housing Element (Report From
Development Services Director Buizer)
WS 24-03117.

Attachments: Attachment I Staff Report
Attachment II Land Use Maps
Attachment III Exhibit A Chapter 10, Article 1
Attachment III Exhibit B Chapter 10, Article 2
Attachment III Exhibit C Chapter 10, Article 24
Attachment III Exhibit D Chapter 10, Article 28

October 15, 2024City Council Agenda

PUBLIC HEARING
Critical Municipal Facilities: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Power Purchase Agreement with Ava Community Energy to Install Solar and Battery Storage at Four City Facilities (Report from Public Works Director Ameri)
PH 24-04518.

Attachments: Attachment I Staff Report
Attachment II Resolution

LEGISLATIVE BUSINESS
City's Procurement Policies: Adopt a Resolution Approving Updates to the City of Hayward Procurement Policy (Report from Finance Director Gonzales)
LB 24-02219.

Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment II Exhibit A

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

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

ADJOURNMENT
NEXT SPECIAL MEETING, October 21, 2024

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.

October 15, 2024City Council Agenda

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 #: MIN 24-109
DATE: October 15, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on October 1, 2024

RECOMMENDATION
That the Council approves the special City Council meeting minutes of October 1, 2024.

SUMMARY
The City Council held a special meeting on October 1, 2024.

ATTACHMENTS
Attachment I Draft Minutes of October 1, 2024
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
powered by Legistar™

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 1, 2024, 5:30 p.m.

The Special City Council meeting was called to order by Mayor Salinas at 5:35 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.

Pledge of Allegiance: Council Member Roche

ROLL CALL

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

Absent: NONE

PUBLIC COMMENTS
Mayor Salinas took the Mayor’s privilege and allowed Mr. Moody to make a comment on a non-agenda related item.

East Palo Alto f ormer Mayor Moody, representing Glad Tidings International Church, thanked the Council and other officials for their support during the September opening of the Glad Tidings Church Wellness Center, named after late NFL Player Chester McGlockton; and invited all to visit the center and learn about its initiatives.

PUBLIC HEARING

1. Public Hearing No. 5 to Select the Final Map Identifying District Boundaries, Provide Direction on the Sequence of District Elections Beginning in 2026, and Introduce an Ordinance to Amend the Hayward Municipal Code to Add Chapter Article 16 to Chapter 2, Establishing District-Based City Council Elections Beginning in 2026 PH 24-044 Staff report submitted by City Attorney Lawson, dated October 1, 2024, was filed.

Interim City Manager Claussen announced the item and introduced Demographer Karin Mac Donald with Q2 Data & Research, LLC, who provided an overview of the finalist district map, explaining its compliance with districting criteria and public input, along with the process of assigning district numbers. Below is a summary of the districts:

District 1 (formerly District F) is bounded by Mission Boulevard to the creek south of Harder Road. It includes the Hayward Hills and the C al State University East Bay Community of Interests ( COIs), the Mission Foothill and Upper B St reet neighborhoods and the Prospect/Hazel COIs.
2 |O c t o b e r 0 1 , 2 0 2 4
District 2 (formerly District C) contains the neighborhoods of Burbank and Jackson Triangle, with west North Hayward and downtown, and a small part of Santa Clara Street.

District 3 (formerly District B) contains the Longwood/Winton Grove neighborhood, Southgate neighborhood, most of the Santa Clara neighborhood, and the western portion of the Harder/Tennyson neighborhood.

District 4 (formerly District A) combines the Mt. Eden and Glen Eden neighborhoods.

District 5 (formerly District D) combines the Whitman/Mocine neighborhood, the eastern portion of the Tennyson/Alquire neighborhood, the eastern portion of the Harder/Tennyson neighborhood, and northern portion of the Mission/Garin neighborhood.

District 6 (formerly District E) combines the Fairway Park neighborhood with the eastern portion of the Tennyson/Alquire neighborhood and southern portion of Mission/Garin.

Karin Mac Donald also discussed the election sequencing, which will determine which districts elect council members in 2026 and 2028.

Mayor Salinas opened the public hearing at 5:53 p.m.

Collin Thormoto, homeowner in Hayward's upcoming District 2, expressed gratitude for the Council's efforts in the districting process and proposed changes to the election cycle, suggesting electing three council members per cycle and aligning the mayor's election with presidential years to boost voter turnout ; recommended extending the residency requirement for Council candidates; and asked about plans for adjusting districts after future censuses, encouraging more community involvement in that process.

Scott Rafferty commended the Council for adopting a district map that effectively represents all communities, especially addressing the long-term underrepresentation of Asians; praised the map’s alignment with various districts and its cohesion across socioeconomic variables, emphasizing its potential to improve representation and voter turnout in minority communities; and stressed the importance of neighborhood elections and suggested sequencing high-minority districts during presidential elections to maximize participation.

Dave Robinson advocated for filling open -seat districts in 2026 to enhance geographic representation and having a mayoral election in 2026 ; recommended amending the City Charter in 2026 to make it consistent with districts ; raised the possibility of future discussions on ranked choice voting; and proposed a map adjustment in Districts B and C to improve population balance and community cohesion in certain areas.

Dwight Turner expressed concerns about District 1’s (formerly District F) sprawling boundaries, particularly regarding fire safety and access issues in his area ; and highlighted the difficulty of managing such a diverse district and emphasized the need for common interests, such as fire danger, to be prioritized in the map drawing process.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 1, 2024, 5:30 p.m.

Rich Fierro sought clarity on whether the current Council members would face re-election in two or four years ; and emphasized the importance of considering the current members' situation when deciding sequencing and asked if more public meetings would be held on the topic.

Mayor Salinas closed the public hearing at 6:18 p.m.

Council Member Bonilla Jr. expressed support for the finalized district map, noting that it effectively balances population size and represents neighborhoods and communities of interest; acknowledged District 1’s unique shape and supported its inclusion in the 2026 election cycle due to its large size; emphasized the importance of American and Pacific Islanders) AAPI representation on the dais , highlighting District 4’s large AAPI population and recommending it be reserved for the 2028 election for higher voter turnout during presidential election cycles; and proposed that District 6, another AAPI plurality district, be included in the 2026 election.

Council Member Bonilla Jr. made a motion to move finalization of the maps as presented; and recommended that Districts 1 and 6 be included in the 2026 election and Districts 2 through 5 go in the 2028 election, noting this action would consider the California Voting Rights Act (CVRA) and residents’ input received in writing and verbally.

Council Member Zermeño seconded the motion ; and voiced concern that the districting process seemed to focus on Asian representation, questioning the inclusion of Latino representation in the map.

Council Member Roch e acknowledging that although the districting timeline was constrained due to a legal settlement, community input was still significant; expressed hope that the new districts will encourage more members of the Asian and other minority communities to run for office and foster greater public engagement ; praised the fairness of the maps and emphasized that the process focused on the future of the City rather than individual interests; and noted that while some districts will be phased in gra dually, there will still be at-large representation until full district representation is established by 2028.

In response to Council Member Syrop’s inquiry on whether the City Charter needed to be amended to reflect the transition to at-large election s and the one-year residency requirement (Section 601), City Attorney Lawson indicated an amendment was unnecessary indicating the language inconsistency was allowed under State law for the purpose of CVRA, and added the one-year residency requirement was not enforceable due to case law.

Council Member Syrop expressed support for the finalized map, noting his comfort with how it reflects neighborhood boundaries and his approval of the proposed sequencing plan for elections, with Districts 1 and 6 going first in 2026 and Districts 2 through 5 in 2028; addressed the shapes of the districts noting they represent the legal boundaries of Hayward 4 |O c t o b e r 0 1 , 2 0 2 4
and inclusive of the neighborhoods within them ; and acknowledged the community's input through the districting process.

Council Member Goldstein praised the diligence brought to the mapping process, noting that feedback from the community also reflected a high level of trust in districting efforts.

However, he expressed concerns with the motion, pointing out that some districts currently lack representation, including District 1, and sought clarification on whether certain districts, such as those with significant Asian populations, should be prioritized in presidential election years to ensure better representation.

Council Member Bonilla Jr. clarified his motion, explaining that District 4, which has the largest AAPI demographic, should be scheduled for a presidential election year (2028) to benefit from higher voter turnout , and recommended District 6, with the second -highest AAPI population, be included in the 2026 election to provide an earlier opportunity for AAPI representation.

Council Member Andrews expressed gratitude to staff for their efforts in engaging the community throughout the districting process, highlighting the use of social media and presence at events; emphasized the importance of ensuring that the entire Council remains representative of the whole community, not just individual districts ; acknowledged the current Council’s diversity of thought as well as composition; reassured the community that they hold the power to hold elected officials accountable ; and express ed support for the motion, reaffirming that Council members serve the entire community, regardless of district boundaries.

In response to Council Member Syrop’s inquiry as to the next districting process, City Attorney Lawson indicated the districting process would be revisited in 2032 after the 2031 census data becomes available.

Council Member Roche reinforced that Council members elected in November 2024 will continue to serve the entire City at large, ensuring no gaps in representation, regardless of where they reside.

City Attorney Lawson noted that the sequencing recommendation offered in the motion, would align with CVRA and California Fair Map Act requirements, and would be consistent with public input . Outside Counsel Robin Johansen added that both sequencing options would work legally and stressed the importance of prioritizing community representation over incumbency concerns.

Mayor Salinas expressed gratitude to Karin Mac Donald and her team for their work on the districting process and praised the community engagement that shaped the final map and sequencing; acknowledged the commitment of his fellow Council members, commending their dedication and public service; highlighted the representation of Asian Americans on the Hayward City Council since 2006 and emphasized the City Council diversity in the Bay Area; affirmed that Council members represent the entire city, not just their districts ; and expressed hope for increased voter participation in future elections.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 1, 2024, 5:30 p.m.

It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño to select the Modified Finalist Map 1 establishing the boundaries of six voting districts; select District 1 and 6 for the 2026 election and Districts 2 through 5 for the 2028 election; and introduce the o rdinance that will transition the City’s election system f rom an at -large system to a district-based system beginning in 2026.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño MAYOR Salinas
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Introduction of Ordinance 24-_, “An Ordinance of the City Council of the City of Hayward Ad ding Article 16 to Chapter 2 of the Hayward Municipal Code, Establishing District-Based City Council Elections; and Finding that the Action is Exempt from CEQA Review”

COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews acknowledged Dwight Turner for his long -standing service as a member of the Keep Hayward Clean and Green Task Force and thanked him for participating in the meeting and speaking on the evening's topic.

ADJOURNMENT
Mayor Salinas adjourned the special meeting to a City Council Closed Session 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 24-111
DATE: October 15, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Approve the Minutes of the Special City Council Meeting on October 8, 2024

RECOMMENDATION
That the Council approves the special City Council meeting minutes of October 8, 2024.

SUMMARY
The City Council held a special meeting on October 8, 2024.

ATTACHMENTS
Attachment I Draft Minutes of 10/8/2024
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
powered by Legistar™

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 08, 2024, 7:00 p.m.

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

Pursuant to Government Code Section 54953, the meeting included a teleconference location at Renaissance Nashville Hotel, 611 Commerce Street, Nashville, TN 37203. Council Member Bonilla Jr. participated via teleconference. The agenda was posted at the teleconference location and the public had an opportunity to address the City Council.

Pledge of Allegiance: Council Member Syrop

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

Absent: None

CLOSED SESSION ANNOUNCEMENT

The City Council convened in closed session on October 1, 2024, at 6:30 p.m., with all members present, and no public speakers, regarding public employment pursuant to Government Code section 54957, to consider the appointment or employment of a public employee, to wit, the City Manager. City Attorney Lawson announced the Council met regarding the item and took no reportable action. The closed session adjourned at 8:00 p.m.

The City Council convened in closed session on October 8, 2024, at 6:00 p.m., with all members present, Council Member Bonilla participating remotely pursuant to Government Code section 54953 and no public speakers, to discuss conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Dorothy Jean Johnson v. City of Hayward, Alameda County Superior Court Case No. 23CV034454. City Attorney Lawson noted the Council met regarding the item and approv ed unanimously, with Council Member Andrews moving and Council Member Zermeño seconding, settlement in the amount of $200,000. The closed session adjourned at 6:30 p.m.

PRESENTATION

Mayor Salinas read a Certificate of Recognition presented to Southgate Elementary School, honoring the school for earning the prestigious 2024 National Blue-Ribbon School Award from the US Department of Education. Felicia Costa, Southgate Elementary School Principal, thanked the City Council and accepted the award on behalf of Southgate Elementary School and Hayward Unified School District. Hayward Unified School District (HUSD) Trustee Prada, HUSD Superintendent Dr. Raimann, Southgate Elementary Assistant Principal Herrera, and faculty members were acknowledged for their presence.

2 |O c t o b e r 8 , 2 0 2 4

PUBLIC COMMENTS
TJ, with Hayward Concerned Citizens , raised concerns about the road renovation on Tennyson Road, highlighting issues such as traffic congestion, accidents, and changes to lanes and parking ; called for the City and police to address t he concerns and provide ongoing assessments; and emphasized the need for better communication and transparency regarding the Council Public Safety Committee meetings, advocating for increased public awareness, accessible meeting agendas, published minutes, and video recordings to encourage greater community involvement.

CITY MANAGER’S COMMENTS
There were no comments.

CONSENT CALENDAR

1. Approve the Minutes of the Special City Council Meeting on September 3, 2024 MIN 24- 104
It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to approve the special City Council meeting minutes of September 3, 2024.

2. Approve the Minutes of the City Council Meeting on September 17, 2024 MIN 24-106 It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously, to approve the special City Council meeting minutes of September 17, 2024.

3. Adopt an Ordinance Adding Article 16 to Chapter 2 of the Hayward Municipal Code, Establishing District-Based City Council Elections; and Finding that the Action is Exempt from CEQA Review CONS 24-518
Staff report submitted by City Clerk Lens, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the ordinance.

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

Ordinance 24-07, “Ordinance of the City Council of the City of Hayward Adding Article 16 to Chapter 2 of the Hayward Municipal Code, Establishing District-Based City Council Elections; and Finding that the Action is Exempt from CEQA Review”

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 08, 2024, 7:00 p.m.

4. Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a 36 -Month Rental Agreement with Palma Ceia Baptist Church for the Hayward Police Department’s South Resource Center, with the Option to Renew for One Additional 36-Month Term, for a Total Not-to-Exceed Amount of $350,000, and Appropriate $6,000 from the Measure C Fund (101) CONS 24-483
Staff report submitted by Police Chief Matthews, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-189, “Adopt a Resolution Authorizing the City Manager to Negotiate and Execute a Rental Agreement with Palma Ceia Baptist Church for the Hayward Police Department’s South Resource Center for an Amount Not to Exceed $350,000 and to Appropriate $6,000 from the Measure C Fund to the Hayward Police Department’s Measure C Community Service Budget”

5. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with NHA Advisors, LLC, and Increase the Contract Amount by $65,000, for a Total Not -to-Exceed Amount of $150,000, for Water Infrastructure Fi nance and Innovation Act (WIFIA) Loan Application and Financial Consulting Services Related to the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project CONS 24-484
Staff report submitted b y Public Works Director Ameri, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

4 |O c t o b e r 8 , 2 0 2 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-190, “Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Professional Services Agreement with NHA Advisors, LLC And Increase the Contract Amount by $65,000 for a total Not to Exceed $150,000 for Water Infrastructure Finance and Innovation Act (WIFIA) Loan Application and Financial Consulting Services Related to the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project”

6. Adopt a Resolution Awarding Three -Year Contracts to Econolite Control Products, Inc., and Western Systems, Inc., for the Battery Backup Program, Project No. 05233 and 05856 CONS 24-496
Staff report submitted by Public Works Director Ameri, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-191, “Resolution Authorizing the City Manager to Execute Agreements with Econolite Control Products, Inc. and Western Systems, Inc. to Provide Signal Equipment for the Battery Backup Program, Project No. 05233 and 05856 in an Amount Not to Exceed $400,000 for Econolite Products, Inc., and $150,000 for Western Systems, Inc. for a Three-Year Contract Term”

7. Adopt a Resolution Authorizing a Contract Amendment with DLR Group - RossDrulisCusenbery Architecture for Stack Center Design, Bid, and Construction Services, for a Not-to-Exceed Amount of $1,520,580 CONS 24-497 Staff report submitted by Assistant to the City Manager Thomas, dated October 8, 2024, was filed.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 08, 2024, 7:00 p.m.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24 -192, “Resolution Authorizing the City Manager to Negotiate and Execute an Amendment to the Professional Services Agreement with DLR Group - Rossdruliscusenbery, Inc. for Final Phase I Construction Support and for Phase II Construction Document, Bidding, and Construction Services for the Stack Center Project, Not to Exceed $1,520,580”

8. Adopt a Resolution Allocating $417,215 in HOME Investment Partnership Program Funds and Renewing the Housing Grant Subsidy Agreement with Abode Services for Project Independence to Provide Tenant Based Rental Assistance to Emancipated and Former Foster Care Youth CONS 24-500
Staff report submitted by Development Services Director Buizer and Development Services Deputy Director Morales, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-193, “Resolution Authorizing the Use of Home Investment Partnership Program Funds for Rental Assistance to Emancipated and Former Foster Care Youth Through Abode Services' Project Independence and Authorizing the City Manager to Negotiate and Execute a Housing Subsidy Grant Agreement with Adobe Services in an Amount not to Exceed $417,215”
6 |O c t o b e r 8 , 2 0 2 4

9. Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $20,000 in Grant Funding from the California Office of Traffic Safety to the Hayward Police Department to Fund No -Cost Motorcycle Training Courses Offered to the Public CONS 24-506
Staff report submitted by the Police Chief Matthews, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-194, “Resolution Authorizing the City Manager to Accept and Appropriate $20,000 in Funding from the State of California Office of Traffic Safety to the Hayward Police Department to Fund No -Cost Motorcycle Training Courses Offered to the Public”

10. Adopt a Resolution Authorizing the City Manager to Execute an Agreement to Pre - Purchase Substation Electrical 12 kV Transformers and Switches for the Water Resource Recovery Facility (WRRF) Improvements - Phase II Project CONS 24-511 Staff report submitted by Public Works Director Ameri, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-195, “Resolution Authorizing the City Manager to Execute an Agreement to Pre-Purchase Substation Electrical 12 KV Transformers and Switches for the Water Resource Recovery Facility (WRRF) Improvements – Phase II Project”

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 08, 2024, 7:00 p.m.

11. Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to Increase the Professional Services Agreements with Kitchell CEM for Extended Construction Support Services by $2,138,812 for a Not-to-Exceed Amount of $2,658,812 for The Stack Center Phase I and Phase II Projects, Project No. 06960 CONS 24-519 Staff report submitted by Public Works Director Ameri, dated October 8, 2024, was filed.

It was moved by Council Member Goldstein, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-196, “Resolution Authorizing the City Manager to Execute Amendment No. 1 to Increase the Professional Services Agreements with Kitchell Cem for Extended Construction Support Services by $2,138,812 for a Not-To Exceed Amount of $2,658,812 for the Stack Center Phase I and Phase II Projects, Project No. 06960”

PUBLIC HEARING

12. Master Fee Schedule: Adopt a Resolution Approving Amendments to the FY 2025 Master Fee Schedule, and Finding the Action is Exempt from CEQA Review (Report from Finance Director Gonzales) PH 24-043
Staff report submitted by Finance Director Gonzales , dated October 8, 2024, was filed.

Mayor Salinas, without Council members’ objections, did forgo the staff’s oral presentation since the item was heard previously and only included minor amendments.

In response to Council Member Syrop ’s inquiry about the impound and storage fees for seized merchandise from street vendors, Finance Director Gonzales explained the fees reflect both staff time and logistical costs involved in handling impounded merchandise.

8 |O c t o b e r 8 , 2 0 2 4
There being no public comment, Mayor Salinas opened and closed the public hearing at 7:22 p.m.

Council Member Syrop expressed support for the recommended fees; and proposed waving impound fees for those who go through the permit process before retrieving their impounded equipment, which could encourage participation and potentially apply pressure on the county to improve the process.

It was moved by Council Member Andrews, seconded by Council Member Roche, and carried unanimously by the following roll call vote, to adopt the resolution.

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

Resolution 24-197, “Resolution Adopting the FY 2025 Master Fee Schedule that Reflects Updated Fees and Charges for Departments in the City of Hayward and Rescinding Resolution No. 24 -087 and All Amendments Thereto and Finding that the Action Is Exempt from CEQA Review”

LEGISLATIVE BUSINESS

13. Cal Cities 2024 Annual Conference: Adopt a Resolution Designating Voting Delegates and Alternates for the Annual Conference Scheduled for October 16 -18, 2024; and Adopt a Resolution of the General Assembly of the League of California Cities Calling for the California Legislature to Enact Laws that Ensure that “What Applies to One, Applies to All” in the Fair and Equal Treatment of All Governmental Officials at All Levels in the State of California (Report from City Clerk Lens and Interim City Manager Claussen) LB 24- 021
Staff report submitted by City Clerk Lens and Interim City Manager Claussen, dated October 8, 2024, was filed.

Mayor Salinas, without Council members’ objections, did forgo the staff’s oral presentation since the written report had the information, and noted that all members of the City Council, except for Council Member Zermeño, were planning to attend the Cal Cities Conference in Long Beach from October 16 to 18, 2024. Mayor Salinas added that since he is the City’s delegate to the Cal Cities East Bay Division and Council Member Syrop is the City’s alternate, they could represent the City at the conference.

SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 08, 2024, 7:00 p.m.

Council Member Syrop noted that he was in the process of confirming his registration and recommended having a second alternate.

Council Member Andrews offered to serve as the second alternate for the Cal Cities Annual Conference.

There being no public comment, Mayor Salinas opened and closed the public hearing at 7:26 p.m.

It was moved by Council Member Bonilla Jr., seconded by Council Member Zermeño, and carried unanimously by the following roll call vote, to adopt the resolutions.

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

Resolution 24-198, “A Resolution Designating a Voting Delegate and an Alternate Voting Delegate as Hayward’s Representatives to the Cal Cities 2024 Annual Conference”

Resolution 24-199, “A Resolution Encouraging/Discouraging Support of the California Cities Policy Resolution Being Considered at the Cal Cities 2024 Annual Conference”

14. Fiscal Year 2025 Salary Plan Amendment: Adopt a Resolution Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2025 LB 24-020 Staff report submitted by Human Resources Director Frye, dated October 8, 2024, was filed.

Mayor Salinas, without Council members’ objections, did forgo the staff’s oral presentation since the recommendation included minor amendments.

There being no public comment, Mayor Salinas opened and closed the public hearing at 7:29 p.m.

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

10 |O c t o b e r 8 , 2 0 2 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None

Resolution 24-200, “Resolution Approving the Amended Fiscal Year 2025 Salary Plan Designating Positions of Employment in the City of Hayward and Salary Range; and Superseding Resolution No. 24 -188 and All Amendments Thereto”

COUNCIL REPORTS AND ANNOUNCEMENTS
There were no Council reports nor announcements.

COUNCIL REFERRALS
There were no referrals.

ADJOURNMENT
Mayor Salinas adjourned the special City Council meeting at 7:30 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 24-512
DATE: October 15, 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 Wilsey Ham, a WHB Company, for Design Services for the Campus Drive Sidewalk Project in an Amount Not to Exceed $256,000 for Project Nos. 05332, 05344, and 05345

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Wilsey Ham, a WHB Company (Wilsey Ham), for Design Services for the Campus Drive Sidewalk Project, Project Nos. 05332, 05344, and 05345, in an Amount Not-to-Exceed $256,000.

SUMMARY
Campus Drive is listed as a facility with Class IV Bike Lanes in the City’s Bike & Ped Master Plan. In 2021, City staff began working closely with residents to implement the Campus Drive Traffic Calming Project to address the community's concerns regarding traffic safety and speeding along Campus Drive. The Pilot Program developed in early 2023 included temporary lane reduction, installation of Class IV Protected Bike Lanes in addition to traffic striping, pavement markings and traffic signs. In August 2023, Phase 2 of the project implemented permanent lane reduction, pavement treatment and addition bike lane improvements.

At a Community Meeting held on April 19, 2023, staff proposed a New Sidewalk Project on Campus Drive which would install sidewalks between 2nd Street and Oakes Drive (north side) and Oakes Drive and University Court (south side).

A Request for Proposals (RFP) to solicit qualified firms to provide the design and preparation of construction bid documents services for the sidewalk project on Campus Drive was issued on May 30, 2024. Four qualifying proposals from design firms were received on July 5, 2024 CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
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File #:CONS 24-512

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 2 of 2
powered by Legistar™

DATE: October 15, 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 Wilsey Ham, a WHB Company, for Design Services for the Campus Drive Sidewalk Project in an Amount Not-to-Exceed $256,000 for Project Nos. 05332, 05344, and 05345

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional services agreement (PSA) with Wilsey Ham, a WHB Company (Wilsey Ham), for Design Services for the Campus Drive Sidewalk Project, Project Nos. 05332, 05344, and 05345, in an Amount Not-to-Exceed $256,000.

SUMMARY

Campus Drive is listed as a facility with Class IV Bike Lanes in the City’s Bike & Ped Master Plan. In 2021, City staff began working closely with residents to implement the Campus Drive Traffic Calming Project to address the community's concerns regarding traffic safety and speeding along Campus Drive. The Pilot Program developed in early 2023 included temporary lane reduction, installation of Class IV Protected Bike Lanes in addition to traffic striping, pavement markings and traffic signs. In August 2023, Phase 2 of the project implemented permanent lane reduction, pavement treatment and addition bike lane improvements.

At a Community Meeting held on April 19, 2023, staff proposed a New Sidewalk Project on Campus Drive which would install sidewalks between 2nd Street and Oakes Drive (north side) and Oakes Drive and University Court (south side).

A Request for Proposals (RFP) to solicit qualified firms to provide the design and preparation of construction bid documents services for the sidewalk project on Campus Drive was issued on May 30, 2024. Four qualifying proposals from design firms were received on July 5, 2024.

BACKGROUND

In 2021, staff began to work with area residents on the Campus Drive Traffic Calming Project.

The project was to address concerns regarding vehicle and pedestrian safety and speeding along Campus Drive.

The Pilot Program was initiated in early 2023, which temporarily closed the second southbound lane on Campus Drive between Oakes Drive and Highland Boulevard with the installation of white flexible posts. This resulted in a 14% reduction in speeds on Campus Drive.

In August of 2023, Phase 2 of the project began with the removal of the white flexible posts and repaving of Campus Drive between Oakes Drive and Highland Boulevard, and restriping Campus Drive between Oakes Drive and Highland Boulevard as a two‐lane bi-directional roadway making the lane reduction permanent. Also included in Phase 2 were upgrading the existing Class II bike lanes to a Class IV protected bike lane; adding green‐colored pavement for the bike conflict areas and bus zones; adding street parking on the west side of Campus Drive between University Court and Highland Boulevard; and preparing space on the west side of Campus Drive between Oakes Drive and University Court for future sidewalk installation.

The final phase of the Campus Drive Traffic Calming project is to install new sidewalks on Campus Drive between 2nd Street and Oakes Drive (north side), and Oakes Drive and University Court (south side). The construction of the project will be done in two stages. The first stage will be the construction of the sidewalk on Campus Drive between 2nd Street and Oakes Drive (north side). The second stage will be the construction of the sidewalk on Campus Drive between Oakes Drive and University Court (south side) in consecutive years.

DISCUSSION

The Campus Drive design services include topographic mapping, environmental document, preparation of construction bid documents and community outreach efforts for new sidewalks on Campus Drive between 2nd Street and Oaks Drive (north side) and Oakes Drive and University Court (south side). The City’s Pavement Management Program (PMP) shows Campus Drive as two segments where Segment 1 of Campus Drive, from Hayward Blvd to Highland Blvd., is a 4-lane arterial street with a length of 582 feet. Segment 2 is from Highland Blvd. to 2nd St. and is a 2-lane arterial street with a length of 3,422 feet. The project may also involve PG&E pole relocation, installation of retaining structures, and right-of-way easements to accommodate City Standards.

Although the construction of the Campus Drive Sidewalk Project will be done in two stages, the design and preparation of the construction documents for both stages will be done together.

On May 30, 2024, Purchasing issued RFP on OpenGov for qualified firms to provide the design and preparation of construction bid documents services . On July 5, 2024, Purchasing received proposals from BKF Engineers, CSW/T2, Kimley Horn and Wilsey Ham. After reviewing the submitted proposals, staff recommends Wilsey Ham for the project based on their responsiveness to the proposal and schedule, knowledge of and experience of the

proposed team in designing similar projects. The firm has performed recent similar projects for several agencies in the Bay Area. The proposed consultant fee for the project ranged from $256,000 to $485,000, with Wilsey Ham having the lowest design fee

Staff recommends Council authorize the City Manager to execute a PSA in the not-to-exceed amount of $256,000 to Wisley Ham for this project.

ECONOMIC IMPACT

The Project will provide new sidewalks along Campus Drive. The community will enjoy the benefits of the Project, including the safety of residential access along Campus Drive. Safe and efficient access and sidewalk plus bike lane infrastructure can help foster economic development and viability in the City.

FISCAL IMPACT

This Project is funded by Capital Improvement Program (CIP) project numbers 05332, 05344, & 05345, in Measure BB – Local Transportation, Fund 212. Additional work related to geotechnical, structures, and right-of-way tasks may be necessary which could increase the consultant contract.

The breakdown for project costs, for design only is as follows:

Project Cost
Engineering Services – Consultant $256,000
Design Contingency, 10% $25,600
Staff Costs, 15% $38,400

TOTAL $320,000

The Engineer’s Estimate of the construction cost will be one of the deliverables of the design services.

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap to Invest in Infrastructure.

Specifically, this item relates to the implementation of the following projects:

Invest in Multi-Modal Transportation
Project N1: Continue to implement major corridor traffic calming initiatives

Invest in City-owned Facilities and Property

SUSTAINABILITY FEATURES

To the extent practical, the project will consider use of sustainable features including recycled materials for the sidewalk.

The addition of protected sidewalks and bike lanes will also contribute to alternative modes of transportation.

PUBLIC CONTACT

The Campus Drive Traffic Calming Project involved comprehensive community outreach from start to finish. In 2022, the City hosted two community meetings to discuss the proposed traffic calming improvements on Campus Drive. In 2023, a third meeting was held to review the initiation of the Pilot Program, which temporarily removed the second southbound lane on Campus Drive between Oakes Drive and Highland Blvd. The meetings were widely publicized via social media, the Hayward City Calendar, and the project website. Additionally, letters were mailed to residents, and posters were placed along the corridor ahead of the Pilot Program launch. Following the program, two Community Announcement Letters were distributed to inform residents about the program’s results and next steps.

The upcoming Campus Drive Sidewalk Project will also include a robust Community Outreach component. Residents and stakeholders will have opportunities to participate in the design process and help shape the project’s goals of improving access and safety. The City plans to host two public outreach meetings next year. Key community and stakeholder engagement will include coordination with groups such as the Bike & Pedestrian Committee, East Bay CSU, HARD (Park & Recreation), AC Transit, and others.

During construction, the City will provide notices to affected residents, property owners, and businesses. These notices will include details about the nature and purpose of the work, potential impacts, the work schedule, and City contact information for further inquiries.

NEXT STEPS

If approved by Council, staff will finalize the Professional Services Agreement with Wilsey Ham and issue a Notice to Proceed. Staff will return to Council for approval of the final design plans and specifications and call for bids in September 2025.

The following schedule has been developed for this project:

Council Approval of Design Contract October 15, 2024
Approval of Plans and Specs and Call for Bids, Stage 1 September 2025 Begin Constrution Stage 1
Construction Completion Stage 1
Early 2026
Fall 2026

Prepared by: Sundaresh Begur, Associate Civil Engineer Sammy Lo, Senior Civil Engineer

Reviewed by: Kathy Garcia, Deputy Director of Public Works

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member ______________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH WILSEY -HAM, A WHB COMPANY, IN AN AMOUNT NOT- TO-EXCEED $ 256,000 FOR THE DESIGN

SERVICES FOR THE CAMPUS DRIVE SIDEWALK PROJECT

WHEREAS, to address safety and speeding concerns on Campus Drive, a Pilot Program which included temporary lane reduction, installation of Class IV Bike Lanes in addition to traffic striping, pavement markings and traffic signs was implemented on Campus Drive in 2023. This resulted in a 14% reduction in speeds on Campus Drive; and

WHEREAS, in August of 2023, Phase 2 of the project began with the removal of the white flexible posts and repaving of Campus Drive between Oakes Drive and Highland Boulevard, and restriping Campus Drive between Oakes Drive and Highland Boulevard as a two -lane bi- directional roadway making the lane reduction permanent; and

WHEREAS, the final phase of the Campus Drive Project will consist of the installation of sidewalks on Campus Drive which will install sidewalks between 2nd Street and Oakes Drive (north side) and Oakes Drive and University Court (south side); and

WHEREAS, On May 30, 2024, a request for proposals was issued on OpenGov for the design services for the New Sidewalks on Campus Drive Project; and

WHEREAS, On July 5, 2024, four proposals for the design services for the project were received; and

WHEREAS, staff recommends Wilsey Ham, A WHB Company, for the project based on their responsiveness to the proposal and schedule, knowledge of and experience of the proposed team in designing similar sidewalk projects.

NOW 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, an agreement for professional services with Wilsey Ham, A WHB Company , for design and engineering services during construction of the Campus Drive Sidewalk Project, in an amount not-to-exceed $256,000, 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 24-514
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Fire Chief

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $30,000 in Grant Funding Annually in Fiscal Years 2025 Through 2030 from the Alameda County Office of Homeland Security for the Hayward Fire Department’s Community Emergency Response Team Program

RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $30,000 in grant funding annually in fiscal years (“FY”) 2025 through 2030, from the Alameda County Office of Homeland Security for the Hayward Fire Department’s (“HFD”) Community Emergency Response Team (“CERT”) Program.

SUMMARY
Since 2010, the HFD has received a sub-recipient grant through Alameda County’s State Homeland Security Grant Program to run its CERT program. Staff is requesting that Council authorizes the acceptance and appropriation of this funding source for the next five years, FY 2025 through 2030, not to exceed $30,000 each year for a total not to exceed amount of $150,000. If the Council authorizes this action, staff will appropriate the funding into the Fire Department’s budget (240) and provide CERT program services per the terms and conditions of the grant.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
powered by Legistar™

DATE: October 15, 2024

TO: Mayor and City Council

FROM: Fire Chief

SUBJECT Adopt a Resolution Authorizing the City Manager to Accept and Appropriate up to $30,000 in Grant Funding Annually in Fiscal Years 2025 Through 2030 from the Alameda County Office of Homeland Security for the Hayward Fire Department’s Community Emergency Response Team Program

RECOMMENDATION

That Council adopts the attached resolution (Attachment II) authorizing the City Manager to accept and appropriate up to $30,000 in grant funding annually in fiscal years (“FY”) 2025 through 2030, from the Alameda County Office of Homeland Security for the Hayward Fire Department’s (“HFD”) Community Emergency Response Team (“CERT”) Program.

SUMMARY

Since 2010, the HFD has received a sub-recipient grant through Alameda County’s State Homeland Security Grant Program to run its CERT program. Staff is requesting that Council authorizes the acceptance and appropriation of this funding source for the next five years, FY 2025 through 2030, not to exceed $30,000 each year for a total not to exceed amount of $150,000. If the Council authorizes this action, staff will appropriate the funding into the Fire Department’s budget (240) and provide CERT program services per the terms and conditions of the grant.

DISCUSSION

The California Office of Emergency Services provides funding to Alameda County and the County Office of Homeland Security and Emergency Service then sub-grants funding to local jurisdictions to provide CERT services in their communities.

Fire Department staff will continue to use this funding to run the annual CERT classes for community members, which includes planning and supply costs. Participants in the course learn skills that will enable them to provide emergency assistance to their families and neighbors as well as organize a neighborhood team response in the event of a major disaster.

The training involves instructions in light fire suppression, hazardous materials situations,

first aid, and search and rescue techniques. The course happens at least twice a year and is scheduled once a week for five consecutive weeks.

Staff is requesting that Council authorizes the acceptance and appropriation of this funding source for the next five years, not to exceed $30,000 each year. If the Council authorizes this action, staff will appropriate the funding into the Fire Department’s budget (240) and provide CERT program services per the terms and conditions of the grant.

FISCAL IMPACT

This grant does not require a match and will have no measurable impact on the City’s funds.

STRATEGIC INITIATIVES

This agenda item is a routine operational item and does not directly relate to one of the Council’s Strategic Initiatives.

Prepared by: Norma Marples, Sr. Secretary

Recommended by: Eric Vollmer, Interim Fire Chief

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member ____________

RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND
APPROPRIATE UP TO $ 30,000 IN GRANT FUNDING ANNUALLY IN FISCAL YEARS 2025 THROUGH 2030 FROM THE ALAMEDA COUNTY OFFICE OF HOMELAND SECURITY FOR THE HAYWARD FIRE DEPARTMENT’S

COMMUNITY EMERGENCY RESPONSE TEAM PROGRAM

WHEREAS, Alameda County’s Office of Homeland Security and Emergency Services provides sub-recipient grants to local jurisdictions to run Community Emergency Response Team (“CERT”) programs; and

WHEREAS, the City of Hayward Fire Department uses this grant money to provide annual CERT courses for community members to learn skills that will enable them to provide emergency assistance to their families and neighbors; and

WHEREAS, the City of Hayward Fire Department anticipates receiving up to $30,000 in grant funding from the County Office of Homeland Security, annually, in fiscal years (“FY”) 2025 through 2030.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward authorizes the City Manager to accept up to $30,0 00 in grant funding, annually, in FY 2025 through 2030, for a total amount not to exceed $150,000, from the Alameda County Office of Homeland Security to be appropriated into fund 240 for HFD’s provision of CERT programming.

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 24-520
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the Specification of Sole Source Equipment to be Provided by Hydro International for the Water Resource Recovery Facility (WRRF) Grit Removal System in an Amount Not to Exceed $2,117,202

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing staff to specify grit removal equipment manufactured by Hydro International for the WRRF Improvements, Phase II Project, in an amount not-to- exceed $2,117,202.

SUMMARY
Grit removal at the WRRF is currently performed by the North Vacuator, which is nearing the end of its useful life, is inefficient, and technologically obsolete. In addition, the structure, originally commissioned in 1958, is hydraulically restricted such that when flows in the plant exceed 18 million gallons per day during wet weather events, flows bypass the grit facility and are directed to the primary clarifiers partially treated. Replacement of this facility is included in the WRRF Improvements - Phase II Project (Phase II Project). Modern grit removal systems generally require a specifically shaped structure to be built around them, effectively requiring a specific product be specified early in the design and prior to formal bidding. The Design Consultant, Brown and Caldwell, has analyzed several grit removal technologies and determined that the multi-tray vortex tank system provided by Hydro International, coupled with the OpTeaCup classifier and Grit Snail dewatering system, would be the most effective system for removing grit, minimizing maintenance, and minimizing the space required for grit removal.

Staff is requesting authorization to specify, with no equal, grit removal equipment to be provided by Hydro International, in an amount not-to-exceed $2,117,202. This would be purchased and installed by the construction contractor following formal bidding of the Phase II Project.

ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
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File #:CONS 24-520
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 2 of 2
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the Specification of Sole Source Equipment to be Provided by Hydro International for the Water Resource Recovery Facility (WRRF) Grit Removal System in an Amount Not- to-Exceed $2,117,202

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing staff to specify grit removal equipment manufactured by Hydro International for the WRRF Improvements, Phase II Project, in an amount not-to-exceed $2,117,202.

SUMMARY

Grit removal at the WRRF is currently performed by the North Vacuator, which is nearing the end of its useful life, is inefficient, and technologically obsolete. In addition, the structure, originally commissioned in 1958, is hydraulically restricted such that when flows in the plant exceed 18 million gallons per day during wet weather events, flows bypass the grit facility and are directed to the primary clarifiers partially treated. Replacement of this facility is included in the WRRF Improvements – Phase II Project (Phase II Project). Modern grit removal systems generally require a specifically shaped structure to be built around them, effectively requiring a specific product be specified early in the design and prior to formal bidding. The Design Consultant, Brown and Caldwell, has analyzed several grit removal technologies and determined that the multi- tray vortex tank system provided by Hydro International, coupled with the OpTeaCup classifier and Grit Snail dewatering system, would be the most effective system for removing grit, minimizing maintenance, and minimizing the space required for grit removal. Staff is requesting authorization to specify, with no equal, grit removal equipment to be provided by Hydro International, in an amount not- to-exceed $2,117,202. This would be purchased and installed by the construction contractor following formal bidding of the Phase II Project.

BACKGROUND

The WRRF performs preliminary, primary, and secondary treatment on the City’s wastewater. Part of the preliminary treatment is the removal of grit, which is currently performed by the North Vacuator. The North Vacuator was constructed in the 1950’s to complement the previously existing South Vacuator and was originally designed to remove scum from the extensive canning operations which were prevalent in the City at the time.

The South Vacuator is no longer in use, and the North Vacuator is no longer an appr opriate form of grit and scum removal and has reached the end of its useful life. The North Vacuator is also not appropriately sized for peak wet weather flows resulting in a portion of the flows bypassing the unit without grit removal impacting downstream processes. It is important to have a proper working grit removal system to decrease potential damage or other impacts to downstream mechanical equipment (pumps), piping, and other equipment downstream of the preliminary treatment system.

On February 27, 2018, Council approved execution of a Professional Services Agreement (PSA) with Black & Veatch (B&V) to develop the Facilities Plan to identify improvements needed to meet upcoming regulatory requirements and guide the WRRF infrastructure needs for the next 25-years. The Facilities Plan was completed in July 2019 and included development of a nutrient management strategy and related capital improvements. These capital improvements are being implemented as part of the Phase II Project, with a primary focus on nutrient removal.

One of the related capital improvements that the Facilities Plan recommended was the replacement of the North Vacuator with a dedicated modern grit removal system.

The City subsequently hired Brown and Caldwell for final design of the Phase II Project, which includes the design of a new grit removal system. The grit removal system would be constructed in the location currently occupied by the west trickling filter. However, some of the space currently occupied by the west trickling filter is being reserved for a future expanded headworks as the current headworks is unable to pass the design wet weather flows. The grit facility layout is being coordinated with a future headworks facility.

DISCUSSION

As part of the preliminary design phase, Brown and Caldwell investigated several alternatives for the grit removal system including the following:
• Aerated grit chambers consist of tanks with coarse bubble aeration to mix the flow and reduce the specific gravity of the sewage/grit solution that results in enhanced grit settling in the chamber. Aerated grit chambers are considered to be an outdated technology that is not as effective as the alternatives, especially when considering removal of relatively small grit particles. They typically have the largest footprint and the most equipment to maintain and are not feasible in the constrained footprint available for the grit facility.
• Induced vortex grit chambers use either mechanical paddles or natural wastewater flow to create a vortex that causes relatively dense solids to impact the side walls and

settle to the bottom of the tank. Grit slurry is then removed by pumps and conveyed to the grit washing and dewatering process.
• Muti-tray vortex tank systems use a stack of trays that each receive a portion of the influent flow. Flow follows a vortex pattern similar to induced vortex systems. The grit slurry settles on each tray and drops to the bottom of the tank, where it is removed by pumps and conveyed to the grit washing and dewatering process.

Due to the significant space requirements, equipment needs, and generally poorer performance, aerated grit chambers were not considered in detail for this project. Both induced vortex grit chambers and multi- tray vortex tanks have complicated concrete structures associated with the units including specific inlet and effluent channel designs, differing diameters, and depths that require different structural and mechanical detailing, as well as inlet and outlet piping design specific to each technology. This effectively requires a specific grit removal system be specified early in the design so that the appropriate structure can be designed around it. Without such a sole source, the design engineer would be either required to provide two separate designs as bid alternatives, or the design would be based on one manufacturer, and the contractor would be required to redesign the system with the alternative manufacturer at considerable additional cost associated with selecting the alternative. This approach could also result in inflated bids from the manufacturer who was the design basis as they would be able to bid higher knowing the alternative manufacturer includes additional design cost to be borne by the contractor.

It should also be noted that there would be significant additional effort borne by the design engineer to review the contractor’s design and reconcile all the other disciplines such as electrical, instrumentation, civil, and piping layouts and design. Therefore, it was decided to select a technology to base the design on and negotiate a price to be held firm and included in the bid documents.

After several workshops with Brown and Caldwell, City staff ultimately selected multi- tray vortex tanks as the preferred design alternative for the following reasons. • Multi-tray vortex tanks have a smaller footprint than induced vortex grit chambers.

This allows for a smaller structure to be built around them and allows greater space for a future expanded headworks.
• Multi-tray vortex tanks have proven to be more effective than induced vortex grit chamber at removing all sizes and densities of grit particles. • Multi-tray vortex tanks have fewer moving parts and require less maintenance than induced vortex grit chambers.
• Multi-tray vortex tanks have been selected as the preferred alternative for various recent projects in the Bay Area, including for the City of Sunnyvale, City of San Jose, Silicon Valley Clean Water, San Francisco Public Utilities Commission Southeast Plant, and West County Wastewater District (Richmond).

Currently, Hydro International is the only manufacturer of multi-tray vortex systems with a substantial number of installations and operating experience. Hydro International’s system is named Headcell.

Grit slurry pumped from grit removal tanks is normally washed and dewatered in a separate process. Grit slurry washing/dewatering equipment can be categorized into three main types: cyclone/classifier systems, vortex-induced systems, and conical systems. Upon review of these systems, the City, in conjunction with Brown and Caldwell, selected the Hydro International OpTeaCup system coupled with the Grit Snail dewatering system for the following reasons:
• Utilizing the same manufacturer for the grit removal system and grit washing system provides overall responsibility under a single manufacturer for meeting the performance guarantee whereas if multiple manufacturers are involved the enforcement of a performance guarantee may be more difficult with multiple parties involved.
• The grit snail dewatering is similar to existing equipment on site that is used for snail shell removal. Matching existing equipment on site streamlines maintenance and is an appropriate reason to sole source equipment per California Public Contract Code Section 3400 Paragraph C.2.

Brown and Caldwell solicited a quote from Hydro International that includes furnishing the HeadCell Grit Concentrators, OpTeaCup solids classifiers, grit snail dewatering units, grit pumps, control panels and related appurtenances. In addition, startup services, preparation of submittals and operations and maintenance manuals, and training services is also included. In response to the City’s request, Hydro International provided reference quotes for several other installations to justify their quote. The City and Brown and Caldwell reviewed and determined the pricing that Hydro International proposed for this project is fair and reasonable based on the backup quotations furnished. Hydro International’s price quote is for $ 2,117,202 including California and local sales taxes. Installation would be performed by the selected contractor for the Phase II Project.

ECONOMIC IMPACT

The current construction cost for the Phase II Project (at 60% design stage) is estimated to be $224 million with a range between $190 and $269 million. These costs do not include any soft costs such as design or construction management costs, or the construction cost of the Administration and Laboratory Building. The cost of the proposed grit removal system is included in the Phase II Project estimate. It is anticipated that these improvements overall will substantially impact rates, resulting in doubling of the current sewer service rates and sewer connection fees over the next ten years.

FISCAL IMPACT

The funding for this procurement contract is included in the Sewer Improvement Fund, 612- 07660 (WRRF Phase II Improvement Project) with no impact on the City’s General Fund .

There is no immediate fiscal impact of this action, as this equipment will not be procured until a contractor is selected for the Phase II Project in FY 26.

Staff submitted an application for Water Infrastructure Financing and Innovation Act (WIFIA) funding in the amount of 49% of the total project costs which is currently in the early stages of the review and approval process . The remainder of the project would primarily be funded through tax exempt municipal bonds, which are not yet issued. As the design progresses, the estimated project cost is expected to be adjusted, especially as construction costs become better defined in the future as the design is more complete. Staff continue to monitor if applying for a State Revolving Fund (SRF) loan is feasible and are seeking grants as well. Budget adjustments will be brought forward to Council through the annual budget approval process.

STRATEGIC ROADMAP

This agenda item supports the various goals of Council’s Strategic Roadmap. The Phase II Project will address infrastructure needs and improvements to increase the reliability of the City’s treatment plant, and construct process improvements to meet more stringent nutrient limits in accordance with upcoming regulatory requirements, while supporting the goals of Council. Specifically, this item relates to the implementation of the following projects:

Confront Climate Crises & Champion Environmental Justice.

Mitigate Climate Crisis Impacts through Resilient Design and Community Engagement Project C14b: Implement Shoreline Master Plan, including mitigating sea level rise in the industrial corridor through building requirements and outreach

Invest in Infrastructure.

Invest in Water Supplies, Sanitation Infrastructure & Storm Sewers Project N19: Update Water Pollution Control Facility Phase II Plan

SUSTAINABILITY FEATURES

The Phase II Project will help maintain and improve the biology and health of the San Francisco Bay which is vital for the region and the State. The Phase II Project will also satisfy the nutrient removal requirements specified in the 3
rd Watershed Permit to reduce nitrogen
loads to the Bay.

The effects and risks of rising sea water levels have been reviewed and will be incorporated into the design of the new facilities.

The Administration and Laboratory Building design will meet State and local requirements related to sustainability (i.e., California Building Code, California Energy Code, etc.) which require a minimal level of energy efficiency, resource conservation, material recycling, etc.

In addition, the building will be designed and constructed to meet Leadership in Energy and Environmental Design (LEED) standards for a Silver Certification, or better. The

Administration and Laboratory Building will also include a 75kW solar array in the parking lot to generate renewable energy.

PUBLIC CONTACT

As part of the funding process, an environmental study (Initial Study and Mitigated Negative Declaration) was posted for public review and comment.

There is currently a website hosted on the City’s website that posts periodic updates throughout the multi-year duration of the project. This will continue.

NEXT STEPS

If Council approves, staff will specify the herein described equipment by Hydro International to be included in the plans and specifications for the Phase II Project. This project is expected to be released for public bidding in September of 2025.

Approval of Plans and Specifications and Call for Bids for the Phase II Project
September 2025
Award of Construction Contract for the Phase II Project January 2026 Grit Facility Installation Calendar year 2029
WRRF Improvements – Phase II Project Construction Completion June 2030

Prepared by: Kyle Carbert, Senior Utilities Engineer

Reviewed by: Suzan England, Utilities Engineering Manager

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member _____________

RESOLUTION AUTHORIZING THE SPECIFICATION OF SOLE SOURCE

EQUIPMENT TO BE PROVIDED BY HYDRO INTERNATIONAL FOR THE

WATER RESOURCE RECOVERY FACILITY (WRRF) GRIT REMOVAL SYSTEM IN AN AMOUNT NOT-TO-EXCEED $2,117,202

WHEREAS, the City of Hayward (City) owns and operates the WRRF, which treats an average flow of approximately eleven million gallons per day; and

WHEREAS, the North Vacuator at the WRRF has reached the end of its useful life, is obsolete technology for grit removal, and is unable to treat wet weather flows resulting in some flows bypassing the grit removal process during high flow events; and

WHEREAS, Black and Veatch, as part of the Facilities Plan for the WRRF prepared in 2019, recommended replacement of the North Vacuator with a modern grit facility; and

WHEREAS, Brown and Caldwell is currently designing the WRRF Improvements - Phase II Project (Phase II Project), which includes design of a new grit removal system to replace the North Vacuator; and

WHEREAS, modern grit removal technologies require specifically shaped structures be built around them, which impacts structural design, mechanical layouts, inlet and outlet channels, and piping connections; the impact of which requires a specific technolo gy to be specified early in the design phase; and

WHEREAS, multi-tray vortex tank s have demonstrated themselves to be the most effective and efficient current technology to remove grit, while also generally requiring less maintenance and requiring a smaller physical footprint than other technologies thereby conserving valuable space on-site for a future expanded headworks; and

WHEREAS, Hydro International is the only manufacturer of multi-tray vortex systems with a substantial number of installations and operating experience; and

WHEREAS, staff received a quote from Hydro International in the amount of not- to- exceed $2,117,202 and

WHEREAS, staff, in conjunction with Brown and Caldwell, determined that the quote supplied by Hydro International is fair and consistent with backup pricing furnished by Hydro International for other projects with similar equipment; and

ATTACHMENT II

WHEREAS, t he funding for this equipment package is part of the WRRF Improvements – Phase II Project which will not be procured until a contractor is selected for the WRRF Improvements - Phase II Project in FY 26 , therefore there is no immediate fiscal impact of this action; and

WHEREAS, the negotiated price for this sole source agreement will be included in the bid package for the WRRF Improvements – Phase II Project which will be funded by a combination of sources including the Sewer Improvement Fund, 612-07660 (WRRF Phase II Improvement Project), Water Infrastructure Financing and Innovation Act (WIFIA) funding in the amount of 49% of the total project costs the remainder funded through tax exempt municipal bonds, which are not yet issued.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that staff are hereby authorized to specify grit removal equipment manufactured by Hydro International, with no approved equal, for the Phase II Project, in an a mount not-to-exceed $2,117,202, to be procured and installed by the construction contractor.

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 24-521
DATE: October 15, 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 Placeworks in an Amount Not to Exceed $250,000, for the Development of the City’s Community Based Transportation Plan (CIP Project 06940)

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Placeworks in the amount of $25,0000 for the development of the City’s Community Based Transportation Plan (CIP Project 06940).

SUMMARY
In January, Staff applied for the 2022-2026 Community Based Transportation Plan (CBTP) funding cycle to improve access and mobility for historically underserved and systemically marginalized groups, including people with low incomes, communities of color, and residents of Equity Priority Communities (EPC). This regional program requires the engagement of residents and community organizations in conducting the analysis and shaping CBTP recommendations. The Alameda County Transportation Commission (ACTC) approved the allocation of funds on April 25, 2024 and Council adopted a resolution to accept and appropriate the funds on May 7, 2024. On August 9, 2024, Staff published a request for proposal for the development of the City’s CBTP and received three proposals. The staff review panel unanimously ranked the Placeworks proposal the highest due to the robust focus on equitable engagement and prior success completing CBTPs for other communities. Staff recommends executing a professional service agreement with Placeworks to develop the CBTP.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
powered by Legistar™

DATE: October 15, 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 Placeworks in the Amount Not-to-Exceed $250,000 for the Development of the City’s Community Based Transportation Plan (CIP Project 06940)

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Placeworks in the amount of $250,000 for the development of the City’s Community Based Transportation Plan (CIP Project 06940).

SUMMARY

In January, Staff applied for the 2022-2026 Community Based Transportation Plan (CBTP) funding cycle to improve access and mobility for historically underserved and systemically marginalized groups, including people with low incomes, communities of color, and residents of Equity Priority Communities (EPC). This regional program requires the engagement of residents and community organizations in conducting the analysis and shaping CBTP recommendations. The Alameda County Transportation Commission (ACTC) approved the allocation of funds on April 25, 2024 and Council adopted a resolution to accept and appropriate the funds on May 7, 2024

1. On August 9, 2024, Staff published a
request for proposal for the development of the City’s CBTP and received three proposals.

The staff review panel unanimously ranked the Placeworks proposal the highest due to the robust focus on equitable engagement and prior success completing CBTPs for other communities. Staff recommends executing a professional service agreement with Placeworks to develop the CBTP.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6656985&GUID=AAEDB9E5-7406-4C9D-B116- 551B67C2B490&Options=&Search=

BACKGROUND

The CBTP program was launched in 2002 by the Metropolitan Transportation Commission (MTC) to identify transportation challenges in equity communities around the region and strategies to overcome them. The CBTP program has been funded by the One Bay Area Grant (OBAG3) Federal funds program. MTC awards CBTP funding to county transportation agencies to administer funding for and development of these community plans on MTC’s behalf. ACTC oversees the distribution of funds for CBTPs in Alameda County.

A CBTP is a strategic document that outlines transportation goals, priorities, and strategies tailored to the unique needs of a community. It involves extensive community engagement to gather input from residents and stakeholders. The objective is to improve transportation accessibility, safety, and sustainability while addressing local concerns in an equitable way.

CBTPs consider all transportation modes, including walking, biking, public transit, and others to create a comprehensive and integrated transportation network effectively serving community needs.

The goals of the CBTP are consistent with Hayward’s progressive stance on social equity.

For example, Equity is a key pillar of the Climate Action Plan (CAP). The CAP established equity guardrails as the foundation for the entire greenhouse gas (GHG) reduction strategy.

CBTP program guidelines are congruent with the equity guardrails and commitment to prioritize underserved communities. The completion of this CBTP will add to the City’s track record of building a culture of equity that ensures the needs of all residents are met, taking into consideration past inequities and injustices. Through listening, learning and informed recommendations for overcoming transportation barriers in our most vulnerable communities, this planning program contributes to the City’s commitment to provide “equitable services that improve the lives of all residents” as stated in the 2024-2025 Strategic Roadmap.

MTC has defined EPCs throughout the region to direct funds to the areas with the highest equity need. EPCs are census tracts with a significant concentration underserved populations, including low-income households and people of color. MTC establishes thresholds for the factors used to identify a census tract as an EPC, which also include the concentrations of people with disabilities, seniors, people with limited English proficiency, no-vehicle households, and cost-burdened renters. As shown in MTC’s Race and Equity Action Plan, Central Alameda County equity communities are disproportionately burdened by transportation outcomes in safety and health, including exposure to heavy traffic and diesel trucks, and adverse public health outcomes as indicated by high prevalence of serious heart and lung disease and a high density of traffic collision and fatalities.

Within the City of Hayward, there are 13 census tracks that qualify as EPCs and these communities have some of the highest shares of low-income and people of color, single parent families, and limited English proficiency in the region.

ACTC last completed a countywide CBTP in 2020 that formed the basis for community- identifies priorities for low-income communities and communities of color in the 2020 Countywide Transportation Plan (CTP).

ACTC staff recommended that the City of Hayward develops its own CBTP due to the unique set of transportation priorities, including established CAP GHG reduction measures, actions, and equitable community goals that may be different from other municipalities in the County. A City-led CBTP also enables more robust and comprehensive engagement with EPCs in the City.

DISCUSSION

Staff released an RFP on August 9, 2024 and received proposals for the CBTP from three consultant teams: Kittelson & Associates, Inc., MIG, Inc., and PlaceWorks. The review evaluation team included City staff and staff from the Alameda CTC . Each evaluator scored the proposals on project management, project understanding, approach, qualification of firm and team, participation of disadvantaged business enterprise, and appropriateness of cost. Following individual review and discussion, Placeworks received the highest score with an average of 92/100. Kittelson & Associates, Inc. scored second highest (77.5), and MIG, Inc. scored third (73.5).

Placeworks is a planning, design, and environmental firm with experience developing multiple CBTPs. The Placeworks team is familiar with MTC’s policies and process for CBTPs, which they demonstrated in multiple CBTPs conducted in San Mateo and Contra Costa Counties. The Placeworks team includes experience with equitable transportation policy, providing bilingual staff to support outreach, and a robust plan to work with community based organizations (CBO) in the City, dedicating up to $30,000 to directly compensate these organizations.

The consultant submitted cost of $245,389 includes project management, outreach and creation of a public engagement plan and steering committee, the CBTP, and a monitoring and evaluation plan. ACTC awarded $250,000 to the City that is only available to compensate a consultant services to deliver the CBTP. Staff recommends awarding the full $250,000 to Placeworks to provide a small contingency and/or provide additional funding to CBOs.

The execution of this contract will allow the City to proceed with the development of the CBTP. The anticipated completion of the final plan is expected to be by the end of 2026.

ECONOMIC IMPACT

Residents, employers and employees in the City will benefit from the funding received through identification of transportation challenges and strategies to overcome them in equity priority communities around the City. Identifying and overcoming transportation challenges will support economic vitality by making it safer for residents to walk and ride bikes, reducing economic losses from crashes. Additional benefits can include reducing

pollution and greenhouse gas emissions, which are related to negative health and environmental consequences.

The CBTP will also make the City of Hayward more competitive for future Grant Funding opportunities.

FISCAL IMPACT

The CBTP is funded by ACTC OBAG3 Federal funds for $250,000 and was received in the Transportation System Improvement Fund (Fund 460). There is no local funding match required for this funding, so there is no direct fiscal impact on the City’s General Fund related to this project.

STRATEGIC INITIATIVES

This agenda item supports the Strategic Priority to Confront Climate Crisis & Champion Environmental Justice. This item specifically relates to the following Project:

Reduce Greenhouse Gases and Dependency on Fossil Fuels
Project C1: Implement Year 1 Programs from the adopted GHG Roadmap (CAP)

CAP Action
T-1.4: Prioritize active transportation and mobility projects in historically under-invested neighborhoods. CAP pillar Equity

SUSTAINABILITY FEATURES

The CBTP will produce a prioritized list of initiatives, projects and programs along with costs for each recommendation aimed at increasing active transportation, safety and reducing greenhouse gas emissions.

PUBLIC CONTACT

The CBTP is centered on community engagement. The plan development process will include a public engagement plan to ensure successful community engagement. A Steering Committee will be established to help guide the project and provide feedback. It will be composed of Community Based Organization members and other relevant groups.

NEXT STEPS

If Council approves this request, the City Manager will execute a professional service agreement with Placeworks for the Community Based Transportation Plan in a not-to- exceed amount of $250,000.

Prepared by: Colin Patterson, Associate Transportation Planner Fred Clay, Executive Fellow
Hugh Louch, Deputy Public Works Director – 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 PLACEWORKS FOR CONSULTING SERVICES FOR THE DEVELOPMENT OF THE CITY’S COMMUNITY BASED
TRANSPORTATION PLAN IN AN AMOUNT NOT-TO-EXCEED $250,000

WHEREAS, professional service assistance is needed for the Community Based Transportation Plan; and

WHEREAS, the Community Based Transportation Plan development will provide community outreach and engagement, final plan, and monitoring and evaluation plan in accordance with the guidance set by the Metropolitan Transportation Commission and Alameda County Transportation Commission; and

WHEREAS, on September 9 , 2024, thre e (3) valid proposals were received and evaluated based on criteria established in Request for Proposal 25 -012 and Placeworks was ranked the highest with an average score of 92/100; and

WHEREAS, the negotiated cost proposal is in the amount of $250,000, including $4,611 in contingencies.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a professional services agreement with Placeworks, for consulting services in a not- to-exceed amount of $250,000, in a form to be 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 24-522
DATE: October 15, 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 HydroScience Engineers for the Preparation of a Recycled Water System Master Plan in an Amount Not to Exceed $350,000

RECOMMENDATION
That Council adopt a resolution (Attachment II) authorizing the Interim City Manager to execute a Professional Services Agreement with HydroScience Engineers for the preparation of a Recycled Water System Master Plan in an amount not-to-exceed $350,000.

SUMMARY
On July 8, 2024, the City of Hayward (City) issued a Request for Proposal, through the City’s OpenGov procurement portal, for a consultant to work collaboratively with City staff to prepare a Recycled Water System Master Plan. The consultant is expected to provide highly skilled, technical engineering services to develop a document that will serve as a roadmap for evaluating the feasibility of expanding the production and use of recycled water to serve additional customers within the City over the next 20 years. Staff completed an extensive review process of all proposals submitted by the August 12, 2024 deadline and recommends HydroScience Engineers to prepare the Master Plan. Staff’s evaluation criteria included demonstrated expertise and experience in recycled water and utility projects and master plans, familiarity and knowledge of the City’s existing infrastructure, team cohesion, and reasonableness of the level of labor effort and overall cost to complete the project.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
powered by Legistar™

DATE: October 15, 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 HydroScience Engineers for the Preparation of a Recycled Water System Master Plan in an Amount Not to Exceed $350,000

RECOMMENDATION

That Council adopt a resolution (Attachment II) authorizing the Interim City Manager to execute a Professional Services Agreement with HydroScience Engineers for the preparation of a Recycled Water System Master Plan in an amount not-to-exceed $350,000.

SUMMARY

On July 8, 2024, the City of Hayward (City) issued a Request for Proposal, through the City’s OpenGov procurement portal, for a consultant to work collaboratively with City staff to prepare a Recycled Water System Master Plan. The consultant is expected to provide highly skilled, technical engineering services to develop a document that will serve as a roadmap for evaluating the feasibility of expanding the production and use of recycled water to serve additional customers within the City over the next 20 years. Staff completed an extensive review process of all proposals submitted by the August 12, 2024 deadline and recommend HydroScience Engineers to prepare the Master Plan. Staff’s evaluation criteria included demonstrated expertise and experience in recycled water and utility projects and master plans, familiarity and knowledge of the City’s existing infrastructure, team cohesion, and reasonableness of the level of labor effort and overall cost to complete the project.

BACKGROUND

Since 1962, the City’s sole source of potable water has been supplied from the San Francisco Public Utilities Commission’s (SFPUC) Regional Water System (RWS). The SFPUC supplies water on a wholesale basis to 26 agencies in three counties within the San Francisco Bay Area, including the City. The SFPUC’s RWS supply is predominantly from Sierra snowmelt, with a small portion coming from runoff in the Alameda and Peninsula watersheds and is delivered through a series of tunnels and pipelines to the Bay Area.

Because of the City’s dependence on the SFPUC’s RWS for potable water supplies, several

potential issues may be addressed or reduced by use of recycled water, including water supply reliability during drought periods or service disruptions; water supply availability during an average year; and reductions in nutrients discharged to the San Francisco Bay.

In 2007, the City prepared a Recycled Water Feasibility Study to assess the technical viability of delivering recycled water, the potential market for recycled water, and consumer acceptance. Based on the results of the Feasibility Study, the City developed a Recycled Water Facility Plan in 2009, subsequently updated in 2013, to confirm potential users of recycled water, anticipated quantities, develop a conceptual treatment and distribution system, and estimate project costs. In 2018, the City began construction of recycled water facilities, referred to as the Phase 1 Recycled Water Project, that were completed in 2020.

In March 2022, the City began delivering recycled water to more than 30 customers for irrigation of parks, schools, roadway medians, and landscaped areas around commercial and industrial buildings within the City. Phase 1 of the Recycled Water Project involved the construction of a one-million-gallon tank, a 1.6 million-gallons-per-day (mgd) pump station, and a 0.5 mgd membrane treatment plant at the City’s Water Resource Recovery Facility (WRRF), as well as approximately 8.5 miles of distribution pipelines. In 2023, , approximately 180,000 gallons per day (about 202 acre-feet per year) of recycled water were delivered to City irrigation customers. The City’s Phase 1 Recycled Water Project Facilities and Distribution System Map can be viewed on the City’s website

1. DISCUSSION

The primary objective of the City’s Recycled Water Project is to enhance the sustainability of the City’s drinking water supply and help meet its long-term water needs. The recycled water system is an important resource that assists in protecting the City from potential water supply disruptions due to emergencies or natural disasters, as well as providing resiliency during drought periods. Another key objective is to help the City’s industrial, commercial, and multifamily residential developments to be able to become more sustainable and resilient.

As Phase 1 of the Recycled Water Project has successfully been delivering recycled water since March 2022, the City is interested in developing a Recycled Water System Master Plan as a roadmap for evaluating the feasibility of expanding the production and use of recycled water to serve additional customers within the City over the next 20 years. The goal of the Master Plan is to identify the City’s potential customers, the portfolio of recycled water use options, including cost, for potential implementation.

On July 8, 2024, an RFP was advertised and issued for a Recycled Water System Master Plan. On August 12, 2024, the RFP submittal deadline, the City had received three (3) valid proposals from ARUP Inc., EKI Environment & Water, and HydroScience Engineers. Based on the eight (8) project tasks and one (1) optional task, and evaluation criteria set forth in

1 https://www.hayward-ca.gov/your-government/departments/utilities-environmental-services/recycled-water

the RFP, HydroScience Engineers’ proposal was ranked highest with an average score of

95.5 out of a total of 100 points. The remaining ranking placed EKI Environment & Water second, and Arup Inc., third .

While each firm is highly qualified and assembled strong teams for this project, staff recommends HydroScience Engineers for demonstrating the best combination of qualifications and responsiveness to the City’s RFP Scope of Work and related criteria. Cost was not the deciding factor for staff’s recommendation, however, HydroScience Engineers proposed a reasonable number of labor hours and competitive hourly rates - $342,000 for all tasks, plus the optional task.

Execution of a PSA with HydroScience Engineers will allow the City to proceed with the development of a Recycled Water System Master Plan. The Master Plan is tentatively scheduled for completion in the Spring of 2026.

ECONOMIC IMPACT

There is no economic impact associated with this item. The Recycled Water System Master Plan is for planning purposes only.

STRATEGIC ROADMAP

This agenda item supports the FY 2025 Strategic Priority 4: Invest in Infrastructure.

Specifically, this item relates to the implementation of the following project:

Project N22: Develop a Recycled Water Master Plan

FISCAL IMPACT

The adopted FY25 CIP budget includes $ 500,000 in Project No. 07709 within Sewer Improvement Replacement Fund 612, for the development of the Recycled Water System Master Plan.

SUSTAINABILITY FEATURES

The City’s Recycled Water Project provides a locally sustainable and drought-resistant supply of recycled water for commercial irrigation and industrial customers, enhancing the City’s long-term water supply. It also reduces the volume of wastewater, associated nutrients, and residual pollutants discharged to the San Francisco Bay, which may be required to meet increasingly stringent discharge regulations. The development of the Recycled Water System Master Plan further supports these benefits by expanding the production and use of recycled water to serve additional customers.

PUBLIC CONTACT

The RFP was public posted on the City’s OpenGov procurement portal 2 on July 8, 2024.

NEXT STEPS

If Council approves this item, staff will prepare and execute a Professional Services Agreement (PSA) with HydroScience Engineers for preparation of a Recycled Water System Master Plan.

Prepared by: Salvador Navarro, Assistant Civil Engineer Cheryl Muñoz, Water Resources Manager

Recommended by: Alex Ameri , Director of Public Works

Approved by:

_____________________________________________
Dustin Claussen, Interim City Manager

2 https://www.hayward-ca.gov/business/doing-business-with-hayward/rfps-rfqs

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24-____

Introduced by Council Member _____________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH HYDROSCINCE ENGINEERS

FOR THE PREPARATION OF A RECYCLED WATER SYSTEM MASTER PLAN IN AN AMOUNT NOT-TO-EXCEED $350,000

WHEREAS, since 1962, the City of Hayward ’s sole source of potable water has been supplied from the San Francisco Public Utilities Commission’s Regional Water System; and

WHEREAS, the City of Hayward’s water supply reliability is vulnerable to periods of drought, service disruptions due to emergencies or natural disasters, regulatory changes, and climate uncertainties; and

WHEREAS, recycled water enhances the sustainability of the City of Hayward’s drinking water supply and helps meet the long-term water needs by providing a locally sustainable and drought-resistant supply of water for commercial and institutional irrigation and industrial customers; and

WHEREAS, the City of Hayward’s Phase 1 of the Recycled Water Project has successfully been delivering recycled water to customers since March 2022, helping meet the City’s long- term water needs; and

WHEREAS, the City of Hayward seeks to develop a Recycled Water System Master Plan to further evaluate the feasibility of expanding the production and use of recycled water to serve additional customers within the City; and

WHEREAS, technical engineering assistance is needed for the preparation of Recycled Water System Master Plan; and

WHEREAS, on
July 8, 2024 the City solicited proposals from qualified engineering consultants to assist the City in preparation of the Recycled Water Mater Plan; and

WHEREAS, on August 12, 2024, three (3) valid pro posals were received and evaluated, and based on evaluation criteria included in the Request for Proposal 25- 001, HydroScience Engineers was ranked the highest with an average score of 95.5; and

ATTACHMENT II

WHEREAS, funds for the Recycled Water System Master Plan are available in the City of Hayward’s adopted Fiscal Year 2025 Capital Improvement Program budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement with HydroScience Engineers , for technical engineering consulting services in an amount not-to-exceed $350,000, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-525
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Director of Finance

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Current Agreement with InfoSend, Inc., for Utility Billing Services Related to the Water Customer Portal, Increasing the Contract by $75,000 and Enter into New Contract with InfoSend for a Three-Year Term in an Amount Not to Exceed $720,000, with the Option to Extend for Two Additional One-Year Periods in an Amount Not to Exceed $500,000

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the current and expiring agreement with InfoSend, Inc. (InfoSend) for utility bill printing, mailing, and archiving services by $75,000 and renegotiate and execute a new agreement with InfoSend for a three-year period in an amount not-to-exceed $720,000, with the option to extend for two additional one-year terms in an amount not-to-exceed $250,000 per term.

SUMMARY
Staff is seeking authorization to continue a partnership with InfoSend for a period of three-years with the option to extend for two additional one-year terms. InfoSend provides water bill distribution services and archiving. Their services are funded from Water Operating Fund 605 and Sewer Operating Fund 610.

Staff is also seeking authorization to amend the current agreement with InfoSend by $75,000 to account for the increased cost of services on hard goods as a result of inflation.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Director of Finance

SUBJECT Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Current Agreement with InfoSend, Inc., for Utility Billing Services Related to the Water Customer Portal, Increasing the Contract by $75,000 and Enter Into New Contract with InfoSend for a Three-Year Term in an Amount Not-to-Exceed $720,000, with the Option to Extend for Two Additional One-Year Periods in an Amount Not-to-Exceed $500,000

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to amend the current and expiring agreement with InfoSend, Inc. (InfoSend) for utility bill printing, mailing, and archiving services by $75,000 and renegotiate and execute a new agreement with InfoSend for a three-year period in an amount not-to-exceed $720,000, with the option to extend for two additional one-year terms in an amount not-to-exceed $250,000 per term.

SUMMARY

Staff is seeking authorization to continue a partnership with InfoSend for a period of three- years with the option to extend for two additional one-year terms. InfoSend provides water bill distribution services and archiving. Their services are funded from Water Operating Fund 605 and Sewer Operating Fund 610. Staff is also seeking authorization to amend the current agreement with InfoSend by $75,000 to account for the increased cost of services on hard goods as a result of inflation.

BACKGROUND

In Fall 2019, the City released a Request for Proposals (RFP) for the implementation of an AMI water customer portal with single-sign-on (SSO) bill payment functionality. The service was awarded in May 2021 to WaterSmart for Citywide implementation of a customer portal platform Service. WaterSmart subproposed a partnership with Invoice Cloud, the electronic bill payment vendor to embed SSO bill payment functionality in Hayward’s WaterSmart platform, and InfoSend, the vendor they refer to when water customer portal integration services are incompatible.

DISCUSSION

During implementation discussions with Invoice Cloud, it was revealed that to provide customers electronic access to PDF copies of their bills on the portal, a specific print image archiving service is required. This functionality is important because the water customer portal only displays total bill amounts with no breakdown of charges on customer accounts.

InfoSend was awarded an agreement for their PDF archiving service in September 2021 and is due to expire in November 2024.

In addition to the necessary PDF archiving and water customer portal integration services provided by InfoSend, they perform all of the City’s physical bill distribution functions, such as bill printing, sorting, and mailing at lower rates than the previously paid four vendors that provided limited versions of the same services. InfoSend also provides pre-sorting, forwarding, address verification, and bill redesign services.

Infosend mails approximately 256,000 invoices to all water , sewer , and excise tax customers. Due to the cost increase on hard goods (ink, paper , envelopes, etc.), each mailed piece has risen by 26% to $0.40 than the previous $0.32 when the agreement was executed in 2021. This increase also accounts for the higher postage costs over the past few years.

InfoSend’s various bill printing and mailing functions can take place with one vendor for approximately $240,000 per year. Based on the range of critical and highly desired services that is provided by InfoSend, it is staff’s recommendation that the City enter into a three- year agreement with InfoSend with the option to extend for two additional one-year periods. The one-year periods will allow staff time to release a request for proposal and work with fellow departments on implementation of a new portal should the need be determined.

When the City entered into agreement with Infosend in November 2021, rates were determined by the market rate at that time. Inflation continued to climb impacting the cost of services over the three-year period. Staff is recommending amending the current agreement with InfoSend by $75,000 to account for the additional costs that have accumulated as a result of inflation.

ECONOMIC IMPACT

There is no economic impact.

FISCAL IMPACT

Continued partnership with InfoSend is anticipated to cost approximately $240,000 annually, or $720,000 over three years. This includes postage costs which is the large bulk of expenses. Extending for two additional one-year periods after the initial three-year period is anticipated to cost approximately $250,000 annually. The cost of the agreement with InfoSend will be included in the annual budget process.

There are sufficient funds available in the Water Operating Fund (Fund 605) and Sewer Operating Fund (Fund 610) to support the amendment to the current agreement by $75,000 to account for the additional costs that have accumulated as a result of inflation.

STRATEGIC ROADMAP

This agenda item continues to support the Strategic Priority of Improve Organizational Health. Specifically, this item relates to the implementation of the following project:

Project 18.: Analyze and shift technology solutions and services to external web based platforms and providers (cloud-first transition).

SUSTAINABILITY FEATURES

The AMI Customer Portal and larger AMI Project promotes efficient water use and water conservation. Continuing accessibility to electronic billing with InfoSend has paper-saving and many other indirect environmental benefits such as eliminating unnecessary bill production.

PUBLIC CONTACT

The agenda for this item was posted in compliance with the California Brown Act.

NEXT STEPS

Following Council approval, staff will take the necessary steps to execute an agreement for a three-year term with the option to extend for two additional one-year periods with InfoSend. Staff will also work to execute Amendment No. 1 to the initial PSA for $75,000.00.

Prepared by: Michael Barnes, Revenue Manager

Recommended by: Nicole Gonzales, Director of Finance

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24- ____

Introduced by Council Member __________

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO AN AGREEMENT WITH INFOSEND, INC.,
INCREASING THE CONTRACT AMOUNT BY $75,000 AND NEGOTIATE A NEW

CONTRACT FOR A THREE-YEAR TERM WITH THE OPTION TO EXTEND FOR

TWO ADDITIONAL ONE -YEAR TERMS IN A NOT- TO-EXCEED AMOUNT OF $720,000 FOR THE INITIAL THREE-YEAR TERM AND $250,000 FOR EACH

ADDITIONAL YEAR

WHEREAS, the aforesaid parties have entered in that certain Agreement dated November 10, 2021, entitled “InfoSend Master Service Agreement,” for archiving and bill distribution services; and

WHEREAS, the City’s current bill distribution system requires archiving services to fully implement the City’s bill payment and presentment functionality; and

WHEREAS, Infosend, Inc. provides the necessary PDF arch iving and billing distribution for all of the City’s water, sewer, and excise tax customers;

WHEREAS, InfoSend, Inc., is the only vendor with the expertise necessary to provide these services; and

WHEREAS, an increase in cost of services on hard goods as a result of inflation has exceeded the initially agreed upon costs of services; and

WHEREAS, the Water Operating Fund (Fund 605) and Sewer Operating Fund (Fund 610) has sufficient funds to support these services.

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, Amendment No. 1 to the agreement with Infosend, Inc., in the amount of $75,000, resulting in an amount not-to-exceed $486,000.

BE IT FURHTER RESOLVED, that the City Manager is hereby authorized and directed to negotiate and execute, on behalf of the City of Hayward, an agreement with InfoSend, Inc., for a three- year term in a total amount not- to-exceed seven hundred twenty thousand dollars ($720,000) with the option to extend for two additional one- year terms in a total amount not-to-exceed two hundred fifty thousand dollars ($250,000) per term.

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 24-526
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept Up to $500,000 in Donations From the Keith Lacey Trust to be Used by the Hayward Animal Services Bureau for Community Animal Programs, to Provide Shelter Pets Veterinary Care, to Purchase a Shelter Animal Van, and to Supplement Shelter Improvement Projects

RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to accept up to $500,000 from the Keith Lacey Trust, to be used by the Hayward Animal Services Bureau (HASB) to operate community focused animal programs aimed at keeping pets with their owner and reducing pet overpopulation, to provide shelter animals with veterinary care, to purchase a replacement van, and to supplement shelter improvement projects.

SUMMARY
The HASB has been named as a beneficiary of a cash gift from the Keith Lacey Trust (the Trust). Pursuant to the Trust, one third of the Estate of Keith Lacey shall be distributed to “Hayward Animal Control” strictly for the rehabilitation of animals. A preliminary distribution of $200,000 has been ordered by the Superior Court of California, County of Alameda. There will be an additional distribution of an unknown amount on a later date that is projected to be disbursed by close of FY 25. As such, the HASB is seeking authority to accept up to $500,000, to account for the additional distribution without the need to return to Council at a later time.

With the initial $200,000 disbursement, HASB is proposing to put $100,000 towards the operation of community focused animal programs specific to spay and neuter and providing pet owners with financial assistance for veterinary care services. HASB proposes allocating another $50,000 towards veterinary care for shelter animals that improve their quality of life and enhance their chances for adoption. HASB proposes the remaining $50,000 of the initial allocation be put towards identified shelter improvement projects that improve the quality of life for shelter animals. Additional funds would be allocated to the identified programs and projects, with HASB proposing the allocation of funds for the purchase of a van for animal transport and for use at community events. HASB plans to place donor recognition on any CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
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File #:CONS 24-526
transport van acquired and create the “Keith Lacey Memorial Fund” in his honor.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 2 of 2
powered by Legistar™

DATE: October 15, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept up to $500,000 in Donations From the Keith Lacey Trust to be Used by the Hayward Animal Services Bureau for Community Animal Programs, to Provide Shelter Pets Veterinary Care, to Purchase a Shelter Animal Van, and to Supplement Shelter Improvement Projects

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to accept up to $500,000 from the Keith Lacey Trust, to be used by the Hayward Animal Services Bureau (HASB) to operate community focused animal programs aimed at keeping pets with their owner and reducing pet overpopulation, to provide shelter animals with veterinary care, to purchase a replacement van, and to supplement shelter improvement projects.

SUMMARY

The HASB has been named as a bene�iciary of a cash gift from the Keith Lacey Trust (the Trust). Pursuant to the Trust, one third of the Estate of Keith Lacey shall be distributed to “Hayward Animal Control” strictly for the rehabilitation of animals. A preliminary distribution of $200,000 has been ordered by the Superior Court of California, County of Alameda. There will be an additional distribution of an unknown amount on a later date that is projected to be disbursed by close of FY 25. As such, the HASB is seeking authority to accept up to $500,000, to account for the additional distribution without the need to return to Council at a later time.

With the initial $200,000 disbursement, HASB is proposing to put $100,000 towards the operation of community focused animal programs speci�ic to spay and neuter and providing pet owners with �inancial assistance for veterinary care services. HASB proposes allocating another $50,000 towards veterinary care for shelter animals that improve their quality of life and enhance their chances for adoption. HASB proposes the remaining $50,000 of the initial allocation be put towards identi�ied shelter improvement projects that improve the quality of life for shelter animals. Additional funds would be allocated to

the identi�ied programs and projects, with HASB proposing the allocation of funds for the purchase of a van for animal transport and for use at community events.

HASB plans to place donor recognition on any transport van acquired and create the “Keith Lacey Memorial Fund” in his honor.

The Trust has been informed of and approved of the proposed projects the City intends to utilize the donation(s) towards, as more fully explained below.

DISCUSSION

The HASB intends to use the funds donated by the Trust for the �ive following rehabilitative projects which focus on reducing the overpopulation of stray animals, the overcrowding of shelters, and providing animals the medical care and lifestyle they deserve. The HASB also proposes establishing a “Keith Lacey Memorial Fund” to honor Keith Lacey for his incredible gift.

(1) City’s Spay and Neuter Program

The City’s Spay and Neuter Programs are critical in reducing the number of animals entering shelters and living on the street. By offering affordable or even free sterilization services to pet owners, these programs help control the animal population at its source, preventing unplanned litters and reducing the burden on shelters. This not only alleviates overcrowding in shelters but also reduces euthanasia rates and promotes responsible pet ownership within the community. In essence, these programs serve as proactive measures to tackle the issue of pet overpopulation and its associated challenges. HASB proposes allocating an initial $50,000 towards its low- cost spay and neuter voucher program for owned pets to offer a minimum 200 free spay/neuter vouchers to Hayward dog owners and 200 free spay/neuter vouchers to Hayward cat owners.

(2) Low-Income Community Based Veterinary Care Assistance Program

The HASB proposes an initial $50,000 be allocated to fund a community based veterinary care assistance program for low-income Hayward pet owners. Community-based veterinary care and assistance programs that fund treatment of treatable medical conditions play a critical role in keeping pets and people together and preventing pets from entering shelters or being euthanized unnecessarily. HASB would seek to partner with local veterinarians to provide services. Upon application approval, a maximum amount of $1500 for veterinary services would be made available per pet with a qualifying medical condition. Payments would be made directly to the veterinary service provider. Programs such as these ensure that pet owners facing �inancial dif�iculties can access lifesaving and humane medical treatment for their furry companions who need care. By subsidizing and in some cases fully covering the costs for care, these programs help alleviate the �inancial burden on pet owners, allowing them to provide necessary medical attention to their beloved pets without resorting to surrendering them to shelters, euthanizing them, or allowing them to suffer needlessly due to inability to afford treatment. Ultimately, these programs keep pets in their homes and contribute to strengthening the human-animal bond.

(3) Shelter Animal Veterinary Care

The HASB proposes an initial $50,000 be allocated to fund veterinary care deemed necessary to improve the quality of life for shelter animals and enhance their chances of �inding loving homes. HASB frequently receives animals requiring various levels of veterinary care. This care encompasses basic medical services and emergency treatments funded by general funds provided by the City. Additionally, we perform procedures essential for improving an animal's quality of life and enhancing their chances for adoption.

Since most adopters may not be able to take a pet that needs expensive veterinary care, we provide additional treatments such as diagnostic testing, dental cleanings and extractions, mass removals, and orthopedic surgeries. Veterinary care provided beyond the legal holding period, as well as care that goes beyond basic treatment, is funded through generous donations made to HASB speci�ically for this purpose. Given the rising costs of veterinary services, we face challenging decisions about the extent of care we can offer, and which animals will receive it.

(4) Shelter Improvement Projects

HASB proposes allocating the remaining $50,000 of the initial disbursement towards already identi�ied shelter improvement projects that enhance the quality of life for shelter animals and improves their overall health and welfare by providing conditions conducive to good disease control and have a positive impact on their mental health. In FY 22, the Council approved the allocation of $300,000 in ARPA funds for facility renovations in FY 24.

However, the identi�ied needs of the facility exceed the available funds. Facility needs have been prioritized, with the refurbishment of the �looring in a section of our dog kennels being the top priority. The additional funds will be allocated to refurbishing the �looring in other identi�ied areas, further enhancing the environment for better disease control. Future funding may also support additional improvement projects, such as installing soundproo�ing materials in dog wards to reduce noise in the kennels and help alleviate stress and create a more welcoming environment for visitors. Improved facilities can attract more volunteers and potential adopters, leading to increased socialization and interaction for the animals. Overall, investing in shelter improvements creates a more conducive environment for the well-being of shelter animals, increasing their chances of adoption and ultimately improving their quality of life.

(5) Shelter Transport Van

The HASB currently uses a 1999 model pick-up truck with a shell for transporting shelter animals to and from our contract veterinarian, adoption partners, and for transporting supplies to community events. The HASB proposes an allocation of $80,000 towards the purchase of a van for animal transport and supply transportation to community events. The goal will be to purchase an electric van to align with the Council’s strategic priorities.

Purchase of electric van will be dependent on the installation of a charging station at 16 Barnes Ct. The purchase of a van is important for several reasons: Firstly, a temperature- controlled van enhances the safety and comfort for animals being transported, ensuring that pets make it to their destination safely and consistent with best practices; and Secondly, it facilitates the logistics of transporting supplies to community events, allowing for more ef�icient organization and delivery of essential resources. Purchase of an electric van reduces carbon emissions, contributing to environmental sustainability and promoting eco-friendly practices in alignment with the Council’s strategic priorities. HASB would recommend vehicle branding include recognition of Keith Lacey and his generous gift to Hayward’s shelter animals.

Ultimately, HASB requests that Council authorizes the City Manager to accept the initial $200,000 and future disbursements from the Keith Lacey Trust up to $500,000 without the need to return to Council. Additional disbursements would be added to the above programs and projects already identi�ied.

ECONOMIC IMPACT

This agenda item will have an economic impact on the residents of Hayward since it will enable HASB to provide free services to (1) pet owners wanting to spay/neuter their pets, and (2) low-income pet owners in need of urgent/treatable veterinary services. This agenda item will also save the city money with the purchase of an electric vehicle and contribute towards facility repairs that impact the wellbeing of shelter animals and maintain a welcoming environment for shelter visitors.

FISCAL IMPACT

The donation from the Estate of Keith Lacey will allow HASB to fund projects that support people and pets in our community as well as improve the quality of life for animals in the shelter. Funding community programs reduces the number of animals born that may end up in the shelter and keeps pets out of the shelter and with their families.

STRATEGIC ROADMAP

This agenda item supports the following Council Strategic Priorities: Enhances Community Safety & Quality of Life; Confront Climate Crisis & Champion Environmental Justice; Invest in Infrastructure.

SUST AINABILITY FEATURES

The recommended action for the report will not directly result in physical development, purchase or service, new policy or legislation related to sustainability.

PUBLIC CONT ACT

No public contact was made for this item.

NEXT STEPS

If Council approves, the City will send a copy of the approved Staff Report and Resolution to The Demiris Law Firm to accept and request the distribution of funds to be used as directed above.

Prepared by: Jennie Comstock, Animal Services Administrator

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 UP TO $500,000 IN DONATIONS FROM THE KEITH LACEY TRUST TO BE USED BY

THE HAYWARD ANIMAL SERVICES BUREAU FOR COMMUNITY ANIMAL

PROGRAMS, TO PROVIDE SHELTER PETS VETERINARY CARE, TO PURCHASE

A SHEL TER ANIMAL VAN, AND TO SUPPLEMENT SHEL TER IMPROVEMENT

PROJECTS

WHEREAS, the Hayward Animal Services Bureau has been named a bene�iciary of a cash gift from the Keith Lacey Trust; and

WHEREAS, pursuant to the Trust, one -third of the Estate of Keith Lacey shall be distributed to “Hayward Animal Control” strictly for the rehabilitation of animals; and

WHEREAS, the Trust has proposed an initial distribution of the Estate in the amount of $200,000 to be made to Hayward Animal Services Bureau; and

WHEREAS, the Executor of the Estate estimates there to be an additional gift to be made to Hayward Animal Services Bureau of up to $300,000 upon liquidation of remaining property and assets; and

WHEREAS, the Hayward Animal Services Bureau proposes that donated funds be allocated to �ive key rehabilitative projects. These include efforts to reduce stray animal overpopulation, alleviate shelter overcrowding, provide medical care and a supportive environment for shelter animals, and purchase a van for safe animal transport and community event use; and

WHEREAS, the Hayward Animal Services Bureau plans to place donor recognition on any transport van acquired and create the “Keith Lacey Memorial Fund” in his honor .

NOW , THEREFORE, BE IT RESOL VED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to accept up to $500,000 from the Keith Lacey Trust to be used by the Hayward Animal Services Bureau.

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 24-527
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Construction Contract with GSW Construction, Inc., increasing the Amount by $210,000 for a Not-to-Exceed Total Amount of $647,800

RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with GSW Construction, Inc. (GSW Construction) increasing the amount by $210,000 for a not-to-exceed total amount of $647,800 for installation of the Trash Capture Device on Arf Avenue (“Project”), Project No. 07746.

SUMMARY
The Project consists of the installation of a Continuous Deflective Separator (CDS) trash capture device in the existing 60-inch storm drainpipe on the south side of Arf Avenue near Hesperian Boulevard which will capture trash from the storm water system. The installation of the CDS is an element of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board).

The project is funded by the California Department of Transportation (Caltrans) through a cooperative implementation agreement between the City and Caltrans to install trash capture projects to achieve mutual trash reduction credit.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Construction Contract with GSW Construction, Inc., increasing the Amount by $210,000 for a Not-to-Exceed Total Amount of $647,800

RECOMMENDATION

That the Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement (PSA) with GSW Construction, Inc. (GSW Construction) increasing the amount by $210,000 for a not-to-exceed total amount of $647,800 for installation of the Trash Capture Device on Arf Avenue (“Project”), Project No. 07746.

SUMMARY

The Project consists of the installation of a Continuous Deflective Separator (CDS) trash capture device in the existing 60-inch storm drainpipe on the south side of Arf Avenue near Hesperian Boulevard which will capture trash from the storm water system. The installation of the CDS is an element of the City’s trash reduction mandate from the San Francisco Regional Water Quality Control Board (Water Board). The project is funded by the California Department of Transportation (Caltrans) through a cooperative implementation agreement between the City and Caltrans to install trash capture projects to achieve mutual trash reduction credit.

BACKGROUND

The Water Board adopted the current Municipal Regional Stormwater Permit (MRP 3.0) in July 2022. The MRP 3.0 covers storm water discharges from municipalities and local agencies in various Bay Area counties, including Alameda. The permit requires permittees to reduce trash from entering State waters by 100% by 2025 from each jurisdiction’s Municipal Separate Storm Water Systems. As of September 2024, the City has achieved 97.7% credit for trash reduction. Likewise, Caltrans also has a mandate to eliminate trash from stormwater from its right-of-way (ROW). Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space limitations for installation and direction of

stormwater flows along freeways. Caltrans and several cities have initiated collaborative projects to install trash capture devices downstream of Caltrans ROW within city jurisdictions.

On April 20, 20211, Council authorized a cooperative implementation agreement whereby Caltrans agreed to fund the installation of two projects within Hayward; one on Tennyson Road and one on Arf Avenue. The CDS on Tennyson Road was completed earlier this year. On March 26, 20242, Council adopted Resolution No. 24-055 approving the plans and specifications and a call for bids for the Project. In April 2024, staff received two (2) bids. The Engineer’s Estimate was $ 710,000 and the lowest responsible bidder was from GSW Construction, Inc., with a bid amount of $398,000 bid, which was below the engineer’s estimate. The only other bid was submitted by W.R. Forde Associate, Inc., in the total amount of $828,000, which was above the Engineer’s Estimate.

On May 21, 20243 Council awarded GSW Construction with the construction contract, which included a 10% contingency and a total not-to-exceed amount of $437,800.

DISCUSSION

The Project includes the installation of a CDS unit in the existing 60-inch stormwater pipe on the south side of Arf Avenue to capture trash entering the stormwater system for the treatment of stormwater to meet MRP 3.0 trash reduction requirements. The unit will capture trash from approximately 436 acres of stormwater runoff area and provide approximately 3% trash reduction credit to the City. Caltrans, through the cooperative implementation agreement with the City, is providing funds for this project.

Due to significant design changes in the construction plans after the contract was awarded which included the addition of an inflatable weir, stop logs and electrical components, the original 10% contingency became insufficient. Based on comments from the Alameda County Flood Control District, who owns and maintains the 60-inch storm pipe, the inflatable weir was added to replace a collapsible weir that operated mechanically without requiring power.

The stop logs were included as a fail-safe mechanism in case the inflatable weir fails to operate. Stop logs are adjustable barriers that control water flow, allowing for water diversion or isolation of the system for maintenance. These modifications were necessary to meet operational, maintenance, and regulatory standards, leading to an expanded scope of work. As a result, additional funding is required to cover these unforeseen costs and ensure the project's successful completion.

ENVIRONMENTAL REVIEW

The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6600270&GUID=79B1D9D0-A240-4DA2-BB1C- ABCDC7DBEFEC&Options=&Search=
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Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities of the CEQA guidelines.

ECONOMIC IMPACT

This item has no direct economic impact.

FISCAL IMPACT

Per the Adopted FY23 CIP Budget, the Project has a total appropriated budget of $3,000,000 in the Sewer Improvement Fund (Fund 612) to complete both Arf Avenue and Tennyson Road installations. This amount will be fully reimbursed by Caltrans and will have no impact to Fund 612. The Trash Capture Device Installation on Tennyson Road was completed earlier this year and cost $1,177,567, leaving $1,822,433 available for the Arf Avenue project. The project budget is outlined below.

Fund Sources:

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

Estimated Expenditures:

Tennyson Road Total Cost: ($1,177,567)
Engineering & Design $ 40,000
Testing & Inspection $ 50,000
Trash Capture Device (Contech) $ 205,300
Construction Contract $608,000
Construction Contract – Contingency $ 39,800
Total Estimated Project Expenditure $ 943,100

Projected Remaining Budgeted Funds $ 879,333

STRATEGIC ROADMAP

This item supports the Strategic Priority of Invest in Infrastructure. This item is not specifically related to a project identified in the Strategic Roadmap.

SUSTAINABILITY FEATURES

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

PUBLIC CONTACT

The call for bids was publicized on the City’s website in April 2024. Prior to and during construction, notices were provided to affected residents, property, and business owners to

inform them of the nature and purpose of the work, potential impacts, work schedule, and City contacts for additional information. Staff has worked closely with residents and businesses close to the project site to minimize potential impacts.

NEXT STEPS

If Council approves this request, the City Manager will execute Amendment No. 1 to increase the Professional Services Agreement amount by $210,000 for a not-to-exceed total amount of $647,800 for GSW’s services. Construction is scheduled to begin in October 2024.

Prepared by: Elisa Wilfong, Water Pollution Source Control Administrator Saeed Saebi, Senior Civil Engineer

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 AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE C ONSTRUCTION CONTRACT WITH GSW
CONSTRUCTION, INC., INCREASING THE AMOUNT BY $ 210,000 FOR A NOT - TO-EXCEED TOTAL AMOUNT OF $647,800

WHEREAS, on May 21, 2024, Council adopted Resolution No. 24- 096 awarding GSW Construction, Inc., to complete the Arf Avenue Trash Capture Project with a total not-to-exceed
amount of $437,800; and

WHEREAS, significant design changes in the construction plans have increased the Project costs causing the original budget to be insufficient; and

WHEREAS, the FY25 CIP Budget has sufficient appropriated funds for the increased Project budget.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that Amendment No. 1 to the Professional Services Agreement with GSW Construction, Inc., hereby increased for completion of the Trash Capture Device Installation on Arf Avenue, Project No. 07746, in the amount of $ 210,000 for a total contract not -to-exceed amount of $647,800, in accordance with the plans and specifications adopted therefore and on file in the City Clerk’s Office and for the price named and stated in the bid of the hereinabove specified bidder.

IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-528
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $100,000 in California for All Animals Grant Funding Awarded by the University of California, Davis Koret Shelter Medicine Program for Use by the Hayward Police Department’s Animal Services Bureau

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate an $100,000 in California for All Animals grant funding awarded by the University of California, Davis (UC Davis) Koret Shelter Medicine Program for use by the Hayward Police Department’s Animal Services Bureau.

SUMMARY
In 2022, The Hayward Police Department’s Animal Services Bureau (“HASB”) applied for and was awarded $55,000 in grant funding from the UC Davis Koret Shelter Medicine Program as part of their California for All Animals Spring 2022 Grant. The funds provided free spay and neuter services to 456 community cats through the HASB’sTrap, Neuter, and Return (TNR) program. Recently, the HASB applied for, and was awarded, additional grant funding in the amount of $100,000.

Through TNR, community cats are humanely trapped, spayed or neutered, vaccinated, microchipped, ear tipped and then returned to their outdoor homes. Community cats are cats that live in the community and may or may not have an identified caregiver. Community cats can be feral (unsocialized) or friendly domesticated. Feral community cats are not able to be handled and are euthanized when turned into the shelter. With the increased grant funding, free TNR services will now be available to all Hayward residents interested in participating in the TNR of community cats in their neighborhoods. The additional grant funds combined with donations received in FY 24 specific to spay and neuter programs will provide services to upwards of 980 community cats. TNR of feral community cats keeps them out of the shelter where they would be euthanized and immediately stops their ability to reproduce, stabilizing cat colonies and reducing populations over time.

ATTACHMENTS
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
powered by Legistar™
File #:CONS 24-528
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 2 of 2
powered by Legistar™

DATE: October 15, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Accept and Appropriate $100,000 in California for All Animals Grant Funding Awarded by the University of California, Davis Koret Shelter Medicine Program For Use by the Hayward Police Department’s Animal Services Bureau

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to accept and appropriate an $100,000 in California for All Animals grant funding awarded by the University of California, Davis (UC Davis) Koret Shelter Medicine Program for use by the Hayward Police Department’s Animal Services Bureau.

SUMMARY

In 2022, The Hayward Police Department’s Animal Services Bureau (“HASB”) applied for and was awarded $55,000 in grant funding from the UC Davis Koret Shelter Medicine Program as part of their California for All Animals Spring 2022 Grant. The funds provided free spay and neuter services to 456 community cats through the H ASB’s Trap, Neuter, and Return (TNR) program. Recently, the HASB applied for, and was awarded, additional grant funding in the amount of $100,000.

Through TNR, community cats are humanely trapped, spayed or neutered, vaccinat ed, microchipped, ear tipped and then returned to their outdoor homes. Community cats are cats that live in the community and may or may not have an identified caregiver. Community cats can be feral (unsocialized) or friendly domesticated. Feral community cats are not able to be handled and are euthanized when turned into the shelter. With the increased grant funding, free TNR services will now be available to all Hayward residents interested in participating in the TNR of community cats in their neighborhoods. The additional grant funds combined with donations received in FY 24 specific to spay and neuter programs will provide services to upwards of 9 80 community cats. TNR of feral community cats keeps them out of the shelter where they would be euthanized and immediately stops their ability to reproduce, stabilizing cat colonies and reducing populations over time.

BACKGROUND AND DISCUSSION

In 2022, the HASB applied for and was awarded $55,000 in grant funding from the UC Davis Koret Shelter Medicine Program as part of their California for All Animals Spring 2022 Grant.

Acceptance of the grant was approved by Council in September 2022 . The availability of grant-funded TNR services led to a strong response and high levels of participation from Hayward residents. The grant was specifically targeted at project neighborhoods and low- income community cat caregivers , and due to the high volume of applications received, we had to cease accepting new submissions. As a result of the grant, 456 cats were spayed or neutered and provided other services for free and returned to their outdoor homes.

HASB had the opportunity to apply for grant renewal and was awarded a n additional $100,000 in grant funding. With the increased funding, we will be able to offer free TNR services for community cats to all Hayward residents until funds are exhausted. Additional donation funds received in FY 24 specifically for spay and neuter programs will be utilized to subsidize the free TNR opportunity with the goal of providing serv ices to upwards of 9 80 cats in a year.

The overpopulation of cats is not unique to Hayward. Trap, Neuter, Return (TNR) has been found to be the most humane and effective approach for handling of community cat populations. Scientific studies show that TNR stops the cycle of new litters of kittens and stabilizes the population of community cats, reducing the population overtime. Community cats are cats that live in the community and may or may not have an identified caregiver.

Community cats can be feral (u nsocialized) or friendly domesticated. Feral community cats are not able to be handled and are euthanized when turned into the shelter.

FISCAL IMPACT

Acceptance of the California for All Animals grant will not have a measurable impact on the General Fund.

STRATEGIC ROADMAP

The California for All Animals supports the Enhance Community Safety & Quality of Life priority outlined in the Council ’s Strategic Roadmap although it does not fit into a specific project.

NEXT STEPS

If council adopts the attached resolution, staff will appropriate the funding into the Police Department’s budget and administer the grant per the terms and conditions of the University of California and Koret Shelter Medicine Program ’s California for All Animals grant agreement.

Prepared by: Jennie Comstock, Animal Services Administrator

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 $100,000 IN CALIFORNIA FOR ALL ANIMALS GRANT FUNDING

AWARDED BY THE UNIVERSITY OF CALIFORNIA DAVIS , KORET SHELTER MEDICINE PROGRAM FOR USE BY THE HAYWARD POLICE DEPARTMENT’S

ANIMAL SERVICES BUREAU

WHEREAS, the California for All Animals grant, administered through the UC Davis Koret Shelter Medicine Program, has made funds available for programs to reduce the euthanasia of healthy and treatable animals in shelters; and

WHEREAS, the UC Davis Koret Shelter Medicine Program awarded the Hayward Police Department’s Animal Services Bureau funding in the category of Intake Management and Community Support, which includes keeping animals in their homes and communities of origin; and

WHEREAS, the UC Davis Koret Shelter Medicine Program previously awarded the Hayward Police Department’s Animal Services Bureau $55,000 to support Trap, Neuter , Return (TNR) activities that will help to reduce the number of cats born on the streets, stabilizing and eventually reducing cat populations, and keep feral community cats out of the shelter where they would be euthanized; and

WHEREAS, the UC Davis Koret Shelter Medicine Program has awarded the Hayward Police Department’s Animal Services Bureau an additional $100,000 in grant funds to further support the department’s Trap, Neuter , Return (TNR) program; and

WHEREAS, using the additional awarded funds from the California for All Animals grant, the Hayward Animal Services Bureau will provide free TNR services for Hayward residents participating in TNR of community cats in their neighborhoods.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to accept and appropriate $ 100,000 in California For All Animals grant funding awarded by the University of California Davis, Koret Shelter Medicine Program for use by the Hayward Police Department’s Animal Services Bureau.

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 24-529
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Tri-Valley Contracting, Inc. dba Tri-Valley Striping, for the Orchard Avenue Traffic Calming Quick Build Pilot Project, Project No. 05312, in the Amount of $159,237, and Approving $23,886 in Administrative Construction Contingency

RECOMMENDATION
That the Council adopts a resolution (Attachment II) awarding a construction contract to Tri-Valley Contracting, Inc. dba Tri-Valley Striping for the Orchard Avenue Traffic Calming Quick-Build Pilot Project in the amount of $159,237 and approve $23,886 in administrative construction contingency.

SUMMARY
This project proposes traffic calming improvements by striping and delineation changes to improve the operation of the roundabout and removes 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 and additional no truck signage.

On September 18, 2024, the call for bids was released and advertised until the bid opening date of October 1, 2024. On October 1, 2024, the project received two (2) bids. Staff recommends that Council award the contract to the responsible low bidder, Tri-Valley Contracting, Inc. dba Tri-Valley Striping, for $159,237 and approve $23,886 in administrative construction contingency. Cato’sGeneral Engineering, Inc., dba Cato Paving submitted the second lowest bid in the amount of $209,695.50. The engineer’s estimate for the project (not including contingency) was $160,240.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
powered by Legistar™

DATE: October 15, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Tri-Valley Contracting, Inc. dba Tri-Valley Striping for the Orchard Avenue Traffic Calming Quick Build Pilot Project, Project No. 05312 in the Amount of $159,237, and Approving $23,886 in Administrative Construction Contingency

RECOMMENDATION

That the Council adopts a resolution (Attachment II) awarding a construction contract to Tri-Valley Contracting, Inc. dba Tri-Valley Striping for the Orchard Avenue Traffic Calming Quick-Build Pilot Project in the amount of $159,237 and approve $23,886 in administrative construction contingency.

SUMMARY

This project proposes traffic calming improvements by striping and delineation changes to improve the operation of the roundabout and removes 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 and additional no truck signage.

On September 18, 2024, the call for bids was released and advertised until the bid opening date of October 1, 2024. On October 1, 2024, the project received two (2) bids. Staff recommends that Council award the contract to the responsible low bidder, Tri-Valley Contracting, Inc. dba Tri-Valley Striping, for $159,237 and approve $23,886 in administrative construction contingency. Cato’s General Engineering, Inc., dba Cato Paving submitted the second lowest bid in the amount of $209,695.50. The engineer’s estimate for the project (not including contingency) was $160,240.

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 quick-build pilot plan that would target an earlier construction date than the proposed plans discussed in the neighborhood meeting.

The quick-build pilot plan consists 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.

City staff presented the quick-build pilot 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 quick-build pilot plan to the Committee to receive further feedback. Staff spent the months of July and August revising the plans and developing specifications to prepare for the City’s bid solicitation process.

The quick-build pilot project 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 2024 public meeting, informed by the implementation of the quick-build pilot project. Future long-term plans may require additional funding.

Under the California Environmental Quality Act (CEQA), this project is categorically exempt under California Code of Regulations 15301 Existing Facilities (Class 1). Projects exempt under this category involve negligible or no expansion of an existing use. A CEQA Notice of Exemption was filed with the County of Alameda Clerk-Recorder’s Office and the Office of Planning and Research in September 2024.

DISCUSSION

Council approved the plans and specifications and call for bids for the quick-build pilot project on September 17, 2024

1. On September 18, 2024, the call for bids was released and advertised until the bid opening date of October 1, 2024. On October 1, 2024, two (2) bids were received. Tri-Valley Contracting, Inc. dba Tri-Valley Striping of Orinda, California submitted the lowest bid in the amount of $159,237. The engineer’s estimate for the project (not including contingency) was $160,240. Cato’s General Engineering, Inc., dba Cato Paving submitted the second lowest bid in the amount of $209,695.50.

Staff has reviewed the submitted bids and recommends that Council award the contract to the responsible low bidder, Tri-Valley Contracting, Inc. dba Tri-Valley Striping.

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6863973&GUID=4684C6E3-3BEB-4253-9B46-0771CA7C5A81&Options=&Search=

ECONOMIC IMPACT

This item has no direct economic impact.

FISCAL IMPACT

This item will not impact the General Fund. Funding for this project is associated with Fund 213, consisting of Measure BB (Pedestrian & Bicycle) revenues.

The updated project cost if Council approves the award of construction contract to Tri- Valley Contracting, Inc. dba Tri-Valley Striping is shown below:

Costs (Fund 213)
Construction $159,237
Administrative Construction Contingency $23,886
Total $183,123

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.

Staff will conduct a public meeting in Spring 2025 to gather feedback on the quick-build pilot and identify next steps for the long-term project.

NEXT STEPS

If Council approves, staff will prepare and route a construction contract for the City Manager to execute and issue a notice to proceed to start construction. Construction is anticipated to be completed by the end of the year.

Date
Contract Execution October 2024
Preconstruction Meeting November 2024
Start of Construction November 2024
End of Construction December 2024

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 AUTHORIZING THE CITY MANAGER TO AWARD A
CONSTRUCTION CONTRACT TO TRI-VALLEY CONTRACTING, INC. DBA TRI -

VALLEY STRIPING FOR THE ORCHARD AVENUE TRAFFIC CALMING QUICK - BUILD PILOT PROJECT, PROJECT NO. 05312 IN THE AMOUNT OF $ 159,237, AND APPROVING $23,886 IN ADMINISTRATIVE CONSTRUCTION

CONTINGENCY

WHEREAS, by Resolution No. 24 -181. On September 17, 2024, the City Council approved the plans and specifications and call for bids for the Orchard Avenue Traffic Calming Quick-Build Pilot Project, Project No. 05312; and

WHEREAS, on October 1, 2024, two (2) bids were received. The low bid was submitted by Tri-Valley Contracting, Inc. dba Tri-Valley Striping. The second lowest bid was submitted by Cato’s general Engineering, Inc. dba Cato Paving . The engineer’s estimate for the project (not including contingency) was $160,240.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards the contract for the Orchard Avenue Traffic Calming Quick -Build Pilot Project, Project No. 05312 to Tri - Valley Contracting, Inc. dba Tri- Valley Striping of Orinda, California, in accordance with the plans and specifications adopted therefore and on file in the office of the City Clerk of the City of Hayward, at and for the price name and stated in the final proposal of the hereinabove specified bidder, and all other bids are hereby rejected.

BE IT FURTHER RESOLVED by the City Council that the Director of Public Works is authorized to expend up to $23,886 for construction contingencies to complete the project.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the contract with Tri-Valley Contracting, Inc. dba Tri-Valley Striping, in the name of and for and on behalf of the City of Hayward, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 2024

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-530
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Chief of Police

SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with All-Star Talent, Inc. for Recruitment Consulting and Services in an Amount of $167,800, with the Option to Renew for One Additional Annual Term for a Total Amount Not to Exceed $504,000

RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to amend and extend an agreement with All-Star Talent, Inc. for recruitment consulting and services for the Hayward Police Department through October 31, 2025, with the option to renew for one additional annual term, in an amount not-to-exceed $167,800, for a total amount not-to-exceed $504,000.

SUMMARY
Since 2020, the Hayward Police Department has experienced a significantly diminished pool of qualified sworn and professional applicants due to a competitive market and other factors to include COVID and civil unrest. To create additional leads and attract more qualified applicants, staff recommends continuing to utilize recruitment and consulting services provided by All-Star Talent, Inc.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Chief of Police

SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend and Extend an Agreement with All-Star Talent, Inc. for Recruitment Consulting and Services in an Amount Not to Exceed $167,800, With the Option to Renew for One Additional Annual Term for a Total Amount Not to Exceed $504,000

RECOMMENDATION

That the Council adopts a resolution (Attachment II) authorizing the City Manager to amend and extend an agreement with All-Star Talent, Inc. for recruitment consulting and services for the Hayward Police Department through October 31, 2025, with the option to renew for one additional annual term, in an amount not-to-exceed $167,800, for a total amount not-to-exceed $504,000.

SUMMARY

Since 2020, the Hayward Police Department has experienced a significantly diminished pool of qualified sworn and professional applicants due to a competitive market and other factors to include COVID and civil unrest. To create additional leads and attract more qualified applicants, staff recommends continuing to utilize recruitment and consulting services provided by All-Star Talent, Inc.

BACKGROUND AND DISCUSSION

The Hayward Police Department has struggled to recruit qualified candidates for open positions. Specifically, recruitment for Communications Operators and Police Officers has experienced declining applications since 2020. By continuing to partner with All-Star Talent, it is expected that leads and applications will continue to increase and result in hiring highly qualified individuals. The following services are proposed by All-Star and will continue to provide the department with a recruiting advantage:

• Online Dashboarding and analysis of Recruitment Campaigns • Lead and Candidate contact through SMS (text) and Email Automation

• Facebook, Instagram, Google, and Indeed Ad Management • Ongoing Digital Design
• Recruitment Landing Page management
• Weekly meetings between the department and All Star staff • Update Marketing Photography and Video

The department partnered with All-Star Talent on a month-to-month basis in May 2023.

The department then entered into a contract with All-Star Talent from November 2023 through October 2024 for $158,300. During this time there has been a combined 8,364 candidates generated for Police Officers and Communication positions and 949 applications submitted. In addition, 36 Police Officers, eight Communication Operators, and five Call Takers have been hired within the same time frame. The year before partnering with All-Star Talent, May 2022 – April 2023, the department had hired 12 police officers, three Communication Operators, and no Call Takers.

All-Star has also worked with the department to create media hiring campaigns. Two of the campaigns were the “Hayward Police Department – Women in Law Enforcement Career Day” and the “Athlete to Officer.” All-Star developed online digital ads and a landing page to register for the events. The events generated over 170 leads with multiple applications submitted.

Classification Prior to A ll-Star T alent W ith A ll-Star T alent Police Officer 12 36
C ommunications Operator 3 8
C all T aker 0 5
R ecruitment Statistics - Positions H ired
1 2 1 4 3 4 5 8 7 2
284
242 239
298
207
359
307
260
461
243
273 265
300
423
0 50
100
150
200
250
300
350
400
450
500
Police Officer Candidates by Month
The department currently has 26 Police Officer vacancies, six Communication Operator vacancies, and five Call Taker vacancies. Recruitment must remain a priority for the department. The recruitment advances made with All-Star, coupled with the internal efforts to expedite hiring processes, and implement hiring bonuses have been effective and created momentum. Continuing to partner with All-Star will enhance the recruitment abilities of the department, aim to decrease vacancy rates, and most importantly improve public safety and services to the Hayward Community.

STRATEGIC ROADMAP

This agenda item supports two Strategic Priorities: 1) Strengthen Organizational Health, and 2) Enhance Community Safety and Quality of Life. Although it doesn’t directly correspond to a specific project, this item relates to and supports projects R8 Develop a talent acquisition plan for citywide and critical positions, and Q2 Implement the recommendations from the Dispatch Assessment.

FISCAL IMPACT

The agreement with All-Star Talent, Inc. will not have an additional impact on the City’s General Fund. Salary savings from vacant positions will be used to offset the cost of this recruitment contract.

NEXT STEPS

If Council authorizes this action, staff will renew and amend the agreement with All-Star Talent, Inc. through October 31, 2025, with the option to renew for one additional annual term, in an amount not to exceed $167,800, for a total contract amount not to exceed $504,000.

Prepared by: Heather Linteo, Police Captain

Recommended by: Bryan Matthews, Chief of Police

Approved by:

____________________________________________
Dustin Claussen, Interim City Manager

ATTACHMENT II

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

RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AND EXTEND AN AGREEMENT WITH ALL STAR TALENT, INC. FOR RECRUITMENT CONSULTING AND SERVICES IN AN AMOUNT NOT TO EXCEED $167,800.00,

WITH THE OPTION TO RENEW FOR ONE ADDITIONAL ANNUAL TERM FOR A TOTAL AMOUNT NOT TO EXCEED $504,000

WHEREAS, the Hayward Police Department has experienced a significantly diminished pool of qualified sworn and professional applicants due to a competitive market and other factors; and

WHEREAS, recruitment for Communications Operators and Police Officers positions have experienced a decline in applications since 2020; and

WHEREAS, from M ay 2023 to date , partnership with All Star Talent, Inc. has generated the hiring of 36 Police Officers, eight Communications Operators, and five Call Takers; and

WHEREAS, there will not be an additional impact on the City’s general fund as salary savings from vacant positions will be used to fund the cost of this agreement;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to amend and extend the agreement with All Star Talent, Inc. in an amount not to exceed $167,800 for recruitment consulting and services, with the option to renew for one additional annual term for a total contract amount not to exceed $504,000.

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 24-531
DATE: October 15, 2024
TO: Mayor and City Council
FROM: City Clerk

SUBJECT
Adopt a Resolution Accepting the Resignation of Denise Thompson from the Personnel Commission, Effective Immediately

RECOMMENDATION
That the City Council adopts a resolution accepting the resignation of Denise Thompson from the Personnel Commission, effective immediately.

SUMMARY
Ms. Denise Thompson was appointed to the Community Services Commission on September 10, 2019.

Ms. Thompson’s resignation becomes effective immediately, per her resignation letter dated September 23, 2024 (Attachment III).

Ms. Denise Thompson’s vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: City Clerk

SUBJECT Adopt a Resolution Accepting the Resignation of Denise Thompson from the Personnel Commission, Effective Immediately

RECOMMENDATION

That the City Council adopts a resolution accepting the resignation of Denise Thompson from the Personnel Commission, effective immediately.

SUMMARY AND DISCUSSION

Ms. Denise Thompson was appointed to the Community Services Commission on September 10, 2019. Ms. Thompson’s resignation becomes effective immediately, per her resignation letter dated September 23, 2024 (Attachment III).

Ms. Denise Thompson’s vacated position will be filled as part of the annual appointment process for the City’s appointed officials to Commissions and Keep Hayward Clean and Green Task Force.

FISCAL IMPACT

There is no fiscal impact associated with this action.

STRATEGIC INITIATIVES

The agenda item is a routine operational item and does not relate to the Council’s Strategic Initiatives.

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 THE RESIGNATION OF DENISE THOMPSON FROM

THE PERSONNEL COMMISSION

WHEREAS, Ms. Denise Thompson was appointed to the Personnel Commissio n on September 10, 2019; and

WHEREAS, Ms. Denise Thompson submitted a resi gnation letter dated September 23, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Ms. Denise Thompson and commends her for her service to the City.

IN COUNCIL, HAYWARD, CALIFORNIA, ________________________

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

__________________________________________
City Attorney of the City of Hayward

ATTACHMENT III
From: denise johnson
Sent: Monday, September 23, 2024 4:59 PM
To: Candilaria Jackson
Cc: Randy Wright
Subject: Denise Thompson Resignation - Personnel Commission

Hello Candi & Personnel Commissioners,

I am writing to formally announce my resignation from my position as Personnel Commissioner for the City of Hayward, effective September 23, 2024.

This decision was not made lightly; however, after careful consideration, I have chosen to prioritize my personal and family commitments. I am sincerely grateful for the support and opportunities I have experienced during my tenure.

Thank you once again for the invaluable experiences and support. I wish the commission continued success in its endeavors in promoting equitable hiring practices in the City of Hayward.

Sincerely,
Denise Thompson

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-538
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Director of Public Works

SUBJECT
Adopt Resolutions Approving City Applications to the Alameda County Transportation Commission Comprehensive Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation Commission

RECOMMENDATION
That the Council adopts three resolutions (Attachments II, III, and IV) authorizing the City to apply for grants to the Alameda County Transportation Commission (Alameda CTC) Comprehensive Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation Commission if these projects are selected for award.

SUMMARY
The Alameda CTC Comprehensive Investment Plan (CIP) is a discretionary grant program funded by several funding sources including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA). This program is typically open to applications every two years.

The City is proposing to submit applications for three projects: the Downtown Bike Loop project, the D Street Traffic Calming project (05225), and the Jackson Street Safety Innovation Corridor project.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution - Filing Authorization for Downtown Bike Loop Project Attachment III Resolution - Filing Authorization for D Street Attachment IV Resolution - Filing Authorization for Jackson Street CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt Resolutions Approving City Applications to the Alameda County Transportation Commission Comprehensive Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation Commission

RECOMMENDATION

That the Council adopts three resolutions (Attachments II, III, and IV) authorizing the City to apply for grants to the Alameda County Transportation Commission (Alameda CTC) Comprehensive Investment Plan and Authorizing the City Manager to Execute Agreements with the Alameda County Transportation Commission if these projects are selected for award.

SUMMARY

The Alameda CTC Comprehensive Investment Plan (CIP) is a discretionary grant program funded by several funding sources including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA). This program is typically open to applications every two years. The City is proposing to submit applications for three projects: the Downtown Bike Loop project, the D Street Traffic Calming project (05225), and the Jackson Street Safety Innovation Corridor project.

BACKGROUND

The Alameda CTC CIP is a discretionary grant program funded by several funding sources including Measures B and BB (MB/MBB), Vehicle Registration Fee (VRF), and Transportation Fund for Clean Air (TFCA). This program is typically open to applications every two years and cities, the County, and transit agencies may apply for grants. A total of $100 million is available for four types of projects:

1) Bicycle and/or pedestrian capital projects and programs 2) Complete streets capital and road improvement projects 3) Transit-related capital projects
4) Shuttle and other program operations

Applications are rated based on project readiness, benefits (including general benefits, access improvements, and safety), and provision of matching funds. Funding from the program is available for projects to be implemented between fiscal years 2025-26 and 2029-30.

DISCUSSION

The City is proposing to submit applications for three projects as part of this call for projects:
the Downtown Bike Loop project, the D Street Traffic Calming project, and the A Street Safety Innovation Corridor project.

The Downtown Bike Loop project would provide a bike alternative to access and travel around Downtown Hayward. The City will be starting a study of the Downtown Loop later this year that will explore long term improvements to all modes. The Downtown Bike Loop will enable the City to implement improvements that help bicyclists navigate the Downtown now and in the future(Attachment V). This project would install new Class IV bikeways on 2 nd St, C
St, and D St, and Class II bikeways on Watkins St and B St, to create new ways for bicyclists to access Downtown. It would also provide pedestrian enhancements on these streets, including enhancements at Russel Way and 2nd Street, the site of two senior living facilities.

The D Street Traffic Calming project is an established City priority. At the August 28, 2024 Council Infrastructure and Airport Committee staff received feedback from residents and Committee members to implement a robust plan to reduce speeds and enhance pedestrian safety. This proposed grant application would allow the City to leverage existing funding for this project to implement more permanent and robust traffic calming.

The A Street Safety Innovation Corridor project would implement innovative traffic signal coordination along A Street that integrates traffic management, emergency response priority, transit priority, connected vehicle information and coordination, and incident detection. The technology investment will provide a network that can be used by the Police Department, Fire Department and emergency vehicles, and the Transportation Division to actively manage the street. The project will leverage recent Federal standards for connected vehicle infrastructure to create a comprehensive technology corridor project that can serve as a template for future investments in the City and the region.

ECONOMIC IMPACT

Facilitating safe, multi-modal access to Downtown and safety improvements along Jackson Street, a major arterial in the heart of the City contributes to the economic vitality of the City.

FISCAL IMPACT

This item will not impact the General Fund. Each of the applications require City matching funds of at least 25 percent of the total funds if the City is awarded these grants. Staff recommends funding the City match as follows:

• For the Downtown Bike Loop project, staff plan to request $750,000 in grant funding from Alameda CTC. Staff proposed to use available fund balance in Funds 213 and 216, Measure BB and Measure B Pedestrian and Bicycle to fund the City match of $250,000. • For the D Street Traffic Calming project (05225), staff plan to request $500,000 in grant funding from Alameda CTC. The existing CIP Project No. 05225 has a fund balance of $297,000 from Fund 212, of which staff proposed to use $250,000 for the City match. This match percentage is higher than the minimum required to increase the likelihood of this project receiving funding from Alameda CTC. Some of the existing project balance is being preserved to continue ongoing planning and design while waiting for the outcome of the grant award.
• For the A Street Safety Innovation Corridor project, staff plan to request $2,000,000 in grant funding from Alameda CTC. Staff proposed to use available fund balance in Funds 212 and 215, Measure BB and B Local Transportation, to fund the City match of $1,250,000. This match amount will allow the City to complete installation on A Street between Hesperian Blvd and Mission Blvd, making it a more complete project. A higher level of match will also make the grant more competitive for funding.

If these applications are approved by Council, staff will include funding for the Downtown Bike Loop and Jackson Street Safety Innovation Corridor projects within the City’s FY 2025-26 Capital Improvement Program update, which coincides with the earliest year of funding available from the Alameda CTC CIP grant program. If Alameda CTC awards these projects at the requested funding levels, any project cost increase would be the responsibility of the City through local funds or other grants.

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 advance implementation of safety improvements on several streets that will benefit pedestrian and bicycle modes of travel, which may facilitate increased use of these modes of transportation. The Downtown Bike Loop and D Street project are consistent with recommendations from the Council adopted Bicycle and Pedestrian Master Plan. All three projects are consistent with the Council adopted Local Road Safety Plan.

PUBLIC CONTACT

Staff conducted public outreach for these projects in several ways, including extensive outreach through the City’s Bicycle and Pedestrian Plan and project-specific outreach for the D Street Traffic Calming project at the August 28, 2024 Council Infrastructure & Airport

Committee meeting. Staff will conduct additional outreach for each of the projects individually as they advance through the planning and design process.

NEXT STEPS

Authorization to apply for funding will allow staff to submit these applications to the Alameda CTC before the deadline of October 31, 2024.

Prepared by: 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 FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE

DOWNTOWN BIKE LOOP PROJECT AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCES TO COMPLETE THE

PROJECT

WHEREAS, the Alameda County Transportation Commission (“ ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Pro gram (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the A LAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, the City of Hayward(“APPLICANT”) is the project sponsor for the Downtown Bike Loop project (“PROJECT”); and

WHEREAS, the P ROJECT will provide a high -quality bicycle facility within Downtown Hayward by implementing a Class IV bikeway on 2nd Street between City Center Drive and E Street, a Class IV bikeway on City Center Drive between Foothill Blvd and 2nd Street, a Class IV bikeway on C Street between 2 nd Street and Main Street, a Class IV bikeway on D Street between 2 nd Street and Watkins Street, a Class II buffered bikeway on Watkins Street between Fletcher Lane and B Street, and a Class II bikeway on B Street between Grand Avenue and Watkins Street; and

WHEREAS, as the Project Sponsor, A PPLICANT has the legal authority to apply for funding for P ROJECT and plans to submit a 2026 CIP application (“ APPLICATION”) to A LAMEDA CTC for $750,000

ATTACHMENT II

WHEREAS, there are no legal impediments to A PPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with A LAMEDA CTC for discretionary A LAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

WHEREAS, as part of the requirements to apply and receive A LAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional ALAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to A
LAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

ATTACHMENT II

NOW, THEREFORE, BE IT RESOLVED that A PPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further

RESOLVED that A PPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further

RESOLVED that A PPLICANT authorizes its City Manager to execute the funding AGREEMENT with ALAMEDA CTC; and be it further

RESOLVED that A PPLICANT shall provide A LAMEDA CTC with a fully executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further

RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. A
PPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the P
ROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $250,000, anticipated to be from local funding sources such as Alameda Measure BB Direct Local Distribution funds, General Fund, or developer contributions; and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional A
LAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

ATTACHMENT II

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to A
LAMEDA CTC of applicable solicitations prior to
advertisement, and adhering to reporting requirements.

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 ____________

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE D

STREET TRAFFIC CALMING PROJECT AND COMMITTING ANY NECESSARY

MATCHING FUNDS AND STATING ASSURANCES TO COMPLETE THE

PROJECT

WHEREAS, the Alameda County Transportation Commission (“ ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Pro gram (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the A LAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, the City of Hayward (“APPLICANT”) is the project sponsor for the D Street Traffic Calming project (“PROJECT”); and

WHEREAS, the PROJECT will install pedestrian and bicycle safety enhancements along D Street between 2nd Street and the eastern City limits by installing bulb outs, traffic circles, and rectangular rapid flashing beacons at several intersections in the corridor and install an uphill bike lane; and

WHEREAS, as the Project Sponsor, A PPLICANT has the legal authority to apply for funding for P ROJECT and plans to submit a 2026 CIP application (“ APPLICATION”) to A LAMEDA CTC for $500,000; and

WHEREAS, there are no legal impediments to A
PPLICANT applying for funding and
there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

ATTACHMENT III

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with A LAMEDA CTC for discretionary A LAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

WHEREAS, as part of the requirements to apply and receive A LAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional A LAMEDA
CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to A
LAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

ATTACHMENT III

NOW, THEREFORE, BE IT RESOLVED that A PPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further

RESOLVED that A PPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further

RESOLVED that A PPLICANT authorizes its City Manager to execute the funding AGREEMENT with ALAMEDA CTC; and be it further

RESOLVED that A PPLICANT shall provide A LAMEDA CTC with a fully executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further

RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. A
PPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the P
ROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $250,000, anticipated to be from local funding sources such as Alameda Measure BB Direct Local Distribution funds, General Fund, or developer contributions; and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional A
LAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

ATTACHMENT III

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to A
LAMEDA CTC of applicable solicitations prior to
advertisement, and adhering to reporting requirements.

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 IV

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

AUTHORIZING THE FILING OF AN APPLICATION FOR ALAMEDA COUNTY

TRANSPORTATION COMMISSION ADMINISTERED FUNDING FOR THE

JACKSON STREET SAFETY INNOVATION CORRIDOR PROJECT AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING

ASSURANCES TO COMPLETE THE PROJECT

WHEREAS, the Alameda County Transportation Commission (“ ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, Congestion Management Agency Transportation Improvement Pro gram (CMA-TIP), and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and

WHEREAS, the A LAMEDA CTC adopted 2026 Comprehensive Investment Plan (“CIP”) Guidelines at its Commission meeting on May 23, 2024 which includes procedures governing the 2026 CIP application process, programming guidelines, and eligible uses of ALAMEDA CTC ADMINISTERED FUNDS; and

WHEREAS, the City of Hayward (“APPLICANT”) is the project sponsor for the Jackson Street Safety Innovation Corridor project (“PROJECT”); and

WHEREAS, the P ROJECT will install advanced communications infrastructure on the extent of Jackson Street from Santa Clara Street to Mission Boulevard that will allow the City to implement active traffic management, emergency vehicle preemption, transit priority, active safety management, and other technologies;
and

WHEREAS, as the Project Sponsor, A PPLICANT has the legal authority to apply for funding for P ROJECT and plans to submit a 2026 CIP application (“ APPLICATION”) to A LAMEDA CTC for $2,000,000

WHEREAS, there are no legal impediments to A PPLICANT applying for funding and there is no active, pending or threatened litigation that may adversely affect the proposed PROJECT or the ability of APPLICANT to deliver such PROJECT; and

ATTACHMENT IV

WHEREAS, APPLICANT authorizes its City Manager or designee to execute and file an application with A LAMEDA CTC for discretionary A LAMEDA CTC ADMINISTERED FUNDS for the PROJECT as referenced in this Resolution; and

WHEREAS, as part of the requirements to apply and receive A LAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC requires a resolution adopted by the responsible implementing agency stating the following:

1. APPLICANT will implement the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the APPLICATION; and

3. APPLICANT understands it will enter into a Project Funding Agreement (“AGREEMENT”) with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT is committed to deliver the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the PROJECT; and

5. APPLICANT is committed to secure matching funds as proposed in the APPLICATION required for awarded ALAMEDA CTC ADMINISTERED FUNDS, by phase; and

6. APPLICANT is committed to provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional A LAMEDA
CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

9. APPLICANT is committed to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to A
LAMEDA CTC of applicable solicitations prior to advertisement, and adhering to reporting requirements.

ATTACHMENT IV

NOW, THEREFORE, BE IT RESOLVED that A PPLICANT is authorized to file an APPLICATION to ALAMEDA CTC for funding for the PROJECT; and be it further

RESOLVED that A PPLICANT hereby confirms that there is no pending or threatened litigation that might in any way adversely affect APPLICANT’s ability to implement and deliver the proposed PROJECT; and be it further

RESOLVED that A PPLICANT authorizes its City Manager to execute the funding AGREEMENT with ALAMEDA CTC; and be it further

RESOLVED that A PPLICANT shall provide A LAMEDA CTC with a fully -executed copy of this Resolution concurrently with submittal of the APPLICATION; and be it further

RESOLVED that the City Council of APPLICANT, by adopting this resolution, hereby confirms that:

1. A
PPLICANT will commit to implementing the PROJECT as described in the APPLICATION; and

2. APPLICANT will have adequate staffing resources to deliver and complete the PROJECT within the time period identified in the application; and

3. APPLICANT understands it will enter into an AGREEMENT with ALAMEDA CTC, and will comply with the AGREEMENT ’s requirements, including adherence to the completion of the agreed upon project scope, project delivery milestones, funding deadlines, project reporting and deliverable deadlines; and

4. APPLICANT commits to delivering the PROJECT consistently with the Commission approved CIP Programming Guidelines and CIP policies, as they may change, for the funds awarded by the Commission to the P
ROJECT; and

5. APPLICANT will commit matching funds as proposed in the APPLICATION against the awarded ALAMEDA CTC ADMINISTERED FUNDS by phase in the amount of $1,250,000, anticipated to be from local funding sources such as Alameda Measure BB Direct Local Distribution funds, General Fund, or developer contributions; and

6. APPLICANT will provide any additional funding that may be required beyond the original proposed APPLICATION match amount to deliver the phase of the PROJECT that is awarded with ALAMEDA CTC ADMINISTERED FUNDS; and

7. APPLICANT understands that ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT are limited to the Commission approved programmed amount by phase, and therefore any cost increases or unexpected funding shortfalls cannot be expected to be funded by shifting funds between phases, or by requesting additional A
LAMEDA CTC ADMINISTERED FUNDS; and

8. APPLICANT understands that any cost savings in the ALAMEDA CTC-funded phase(s) will be shared proportionally between APPLICANT and ALAMEDA CTC; and

ATTACHMENT IV

9. APPLICANT will comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program and related exhibits, as applicable, for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, such as including LBCE Program goal(s) and provisions in applicable solicitations and resulting contracts, providing timely notification to A
LAMEDA CTC of applicable solicitations prior to
advertisement, and adhering to reporting requirements.

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 24-542
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Director of Human Resources

SUBJECT
Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2025 pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act

RECOMMENDATION
That the City Council adopts a Resolution (Attachment II) authorizing the implementation of the mandatory minimum employer contributions to active and retiree medical premiums for calendar year 2025.

SUMMARY
The minimum employer contribution to the medical premiums of active and retired employees has increased to $158.00 for calendar year 2025. This contribution amount is adjusted annually by CalPERS.

The City’s current contribution exceeds this amount.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 10/11/2024Page 1 of 1
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Director of Human Resources

SUBJECT Adopt a Resolution Establishing the City Contribution for Active and Retiree Medical Premiums Set by the California Public Employee Retirement System (CalPERS) for Calendar Year 2025 pursuant to California Government Code Section 22892 of the Public Employees’ Medical and Hospital Care Act

RECOMMENDATION

That the City Council adopts a Resolution (Attachment II) authorizing the implementation of the mandatory minimum employer contributions to active and retiree medical premiums for calendar year 2025.

SUMMARY

The minimum employer contribution to the medical premiums of active and retired employees has increased to $158.00 for calendar year 2025. This contribution amount is adjusted annually by CalPERS. The City’s current contribution exceeds this amount.

BACKGROUND/DISCUSSION

The City contracts with CalPERS to provide quality health benefits to its active and retired employees. California Government Code Section 22892 of the Public Employees Medical and Hospital Care Act (PEMHCA) establishes the minimum employer medical contribution. The CalPERS Board annually adjusts the employer contribution to reflect any change in the Medical Care Component of the Consumer Price Index, rounded to the nearest dollar. The table below shows the minimum employer contribution required by CalPERS for the last six years, and the 2025 rate:

Calendar Year Employer Contribution
2019 $136.00
2020 $139.00
2021 $143.00
2022 $149.00
2023 $151.00
2024 $157.00
2025 $158.00

This action is necessary to meet the requirement that the governing body adopt a resolution agreeing to the minimum contribution amount established by CalPERS.

The City currently contributes to medical premiums in accordance with the terms of the existing agreements between each of the bargaining units, based on the health plan and family status employees elect and for which they are eligible. For both retirees and active employees, the total amount the City contributes towards medical benefit premiums exceeds the statutory minimum contribution required by CalPERS.

FISCAL IMPACT

This action is for administrative purposes only. There is no fiscal impact associated with this report because the City’s current contribution toward employee medical premiums as provided for in applicable Memoranda of Understanding has already been established and this action does not provide an increase to the current total City contribution towards medical premiums.

STRATEGIC INITIATIVES

This agenda item is a routine operational item and does not relate to one of the City Council’s Strategic Initiatives.

NEXT STEPS

The change in the PEMHCA minimum will be reflected in the City’s Benefits Summary effective January 1, 2025.

Prepared by: Cheryl Vance, Human Resources Analyst II

Recommended by: Brittney Frye, Director of Human Resources

Approved by:

Dustin Claussen, Interim City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 24-_____

Introduced by Council Member __________

RESOLUTION AGREEING TO MEET THE MINIMUM EMPLOYER

CONTRIBUTION TOWARD MEDICAL COST AS SET BY CALIFORNIA PUBLIC

EMPLOYEES RETIREMENT SYSTEM ONE HUNDRED FIFTY -EIGHT DOLLARS ($158) PER MONTH FOR CALENDAR YEAR 2025

WHEREAS, the City of Hayward provides medical coverage for its employees and their eligible dependents and to qualified retirees; and

WHEREAS, Government Code 22892 of the Public Employees Medical and Hospital Care Act (PE MHCA) states that a local agency provides a minimum health premium contribution for their participating active members; and

WHEREAS, the California Public Employees Retirement System Board adjusts the minimum contribution rate annually based on changes to the Consumer Price Index.

NOW, THEREFORE, BE IT RESOLVED, that effective January 1, 20 25, the employer’s contribution towards the cost of employee and retiree cost of health benefits shall be a minimum of $158 per month as required by CALPERS.

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 #: WS 24-031
DATE: October 15, 2024
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Housing Element Implementation: Work Session on Proposed Zoning Text Amendments to Chapter 10 (Planning, Zoning and Subdivisions) of the Hayward Municipal Code Related to Supportive Housing Programs Associated with Implementation of the Hayward 2023-2031 Housing Element

RECOMMENDATION
That the City Council review and provide feedback the draft amendments to the Hayward Municipal Code (Attachment III, Exhibits A-D) associated with the implementation of Hayward 2023-2031 Housing Element Actions related to the expansion and development of supportive housing throughout Hayward.

SUMMARY
On February 7, 2023, the City Council adopted the Hayward 2023-2031 Housing Element, which contained goals, policies, programs, and actions to help Hayward meet its housing needs for individuals at all income levels. This project aims to fulfill several Housing Element actions related to supportive housing to remain in compliance with state housing law and to expand housing options for Hayward’s unhoused and other vulnerable populations.

In June, the City Council and Planning Commission held work sessions on this topic and provided initial feedback on Staff’s recommendations. They generally supported Staff’s recommendations to allow and develop standards for SROs, Safe Parking and Emergency Shelters. City Council expressed a desire to remove additional barriers for Safe Parking. Lastly, they expressed concern for expanding allowances for Unlicensed Group Homes.

Based on that feedback, Staff drafted a series of zoning amendments, which are summarized below:
· General Clean-Up: Amend miscellaneous definitions and requirements to ensure regulations are clear, concise and consistent with State Law.
· Single Room Occupancy (SROs): Define and allow SROs in certain mixed-use, industrial, commercial and high-density residential districts with approval of an Administrative Use Permit and subject to developmental standards related to unit size, storage, shared versus unshared CITY OF HAYWARD Printed on 10/11/2024Page 1 of 2
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File #:WS 24-031
facilities, open space, parking, and management.
· Safe Parking: Define and allow safe parking on large properties owned by non-profits organizations with approval of an Administrative Use Permit and subject to developmental standards related to vehicle operability, facilities, hours of operation and management. · Group Homes: Allow licensed group homes to have eight residences by right, between nine and fourteen with approval of an Administrative Use Permit and over fifteen with approval of a Conditional Use Permit in all districts where group homes are currently permitted. There are no proposed changes to unlicensed group homes regulations which allow up to six residences by right and over seven residences with approval of a Conditional Use Permit. · Emergency Shelters: Allow emergency shelters in additional commercial and mixed-use zoning districts subject to development standards related to bed count, parking, intake area, security, and distance between shelters.
· Psychiatric and Rehabilitation Care Facilities: Allow Psychiatric and Rehabilitation Facilities in some mixed-use and industrial zoning districts with the approval of an Administrative Use Permit as long as they are licensed and regulated by the State Department of Health Care Services.

At this work session, staff is requesting specific feedback from the City Council on the following questions, which are discussed in greater detail in the Background and Staff Analysis Sections of the staff report:
· Does City Council support the draft zoning amendments provided in Attachment III, Exhibits A-D? · Are there any other standards that should be included or excluded for the Safe Parking, Emergency Shelters and Single-Residence Occupancy uses? · Are there any additional zoning districts where Emergency Shelters, Single Residence Occupancy, Groups Home or any other residential use should be permitted?

ATTACHMENTS
Attachment I Staff Report
Attachment II Land Use Maps
Attachment III Draft Zoning Amendments
Exhibit A Chapter 10, Article 1 Zoning Ordinance
Exhibit B Chapter 10, Article 2 Off-Street Parking Regulations Exhibit C Chapter 10, Article 24 Mission Boulevard Code Exhibit D Chapter 10, Article 28 Downtown Development Code CITY OF HAYWARD Printed on 10/11/2024Page 2 of 2
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DATE: October 15, 2024

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: Housing Element Implementation: Work Session on Proposed Zoning Text Amendments to Chapter 10 (Planning, Zoning and Subdivisions) of the Hayward Municipal Code Related to Supportive Housing Programs Associated with Implementation of the Hayward 2023-2031 Housing Element

RECOMMENDATION

That the City Council review and provide feedback the draft amendments to the Hayward Municipal Code (Attachment III, Exhibits A-D) associated with the implementation of Hayward 2023-2031 Housing Element Actions related to the expansion and development of supportive housing throughout Hayward.

SUMMARY

On February 7, 2023, the City Council adopted the Hayward 2023-2031 Housing Element, which contained goals, policies, programs, and actions to help Hayward meet its housing needs for individuals at all income levels. This project aims to fulfill several Housing Element actions related to supportive housing to remain in compliance with state housing law and to expand housing options for Hayward’s unhoused and other vulnerable populations.

In June, the City Council1 and Planning Commission2 held work sessions on this topic and provided initial feedback on Staff’s recommendations. They generally supported Staff’s recommendations to allow and develop standards for SROs, Safe Parking and Emergency Shelters. City Council expressed a desire to remove additional barriers for Safe Parking. Lastly, they expressed concern for expanding allowances for Unlicensed Group Homes.

Based on that feedback, Staff drafted a series of zoning amendments, which are summarized below:

1 June 25, 2024 City Council Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6734718&GUID=529789D5-ED06-4719- 98DB-AD00E7DB602A&Options=&Search=
2 June 27, 2024 Planning Commission Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6731748&GUID=5F887A2B- F4FA-4C9F-AC97-CD4E1B130FF9&Options=&Search=

• General Clean-Up: Amend miscellaneous definitions and requirements to ensure regulations are clear, concise and consistent with State Law. • S ingle R oom Occupancy (SROs): Define and allow SROs in certain mixed-use, industrial, commercial and high-density residential districts with approval of an Administrative Use Permit and subject to developmental standards related to unit size, storage, shared versus unshared facilities, open space, parking, and management. • S afe Parking : Define and allow safe parking on large properties owned by non-profits organizations with approval of an Administrative Use Permit and subject to developmental standards related to vehicle operability, facilities, hours of operation and management.
• Gr oup Home s: Allow licensed group homes to have eight residences by right, between nine and fourteen with approval of an Administrative Use Permit and over fifteen with approval of a Conditional Use Permit in all districts where group homes are currently permitted. There are no proposed changes to unlicensed group homes regulations which allow up to six residences by right and over seven residences with approval of a Conditional Use Permit.
• E mergency Shelters: Allow emergency shelters in additional commercial and mixed- use zoning districts subject to development standards related to bed count, parking, intake area, security, and distance between shelters.
• Ps ychiatric and Rehabilitation Care Facilities : Allow Psychiatric and Rehabilitation Facilities in some mixed-use and industrial zoning districts with the approval of an Administrative Use Permit as long as they are licensed and regulated by the State Department of Health Care Services.

At this work session, staff is requesting specific feedback from the City Council on the following questions, which are discussed in greater detail in the Background and Staff Analysis Sections below:

• Does City Council support the draft zoning amendments provided in Attachment III, Exhibits A-D?
• Are there any other standards that should be included or excluded for the Safe Parking, Emergency Shelters and Single-Residence Occupancy uses? • Are there any additional zoning districts where Emergency Shelters, Single Residence Occupancy, Groups Home or any other residential use should be permitted?

BACKGROUND

The State of California is in a housing and shelter crisis with more than 171,000 people experiencing homelessness daily. The California Statewide Study of People Experiencing Homelessness
3, published by the University of California San Franscisco in June 2023, noted that California’s unhoused population is predominately minorities and individuals over 40 years old; that the majority of individuals experiencing homelessness reported a period in their life where they experienced a serious mental health condition; and, that the median

3 The California Statewide Study of People Experiencing Homelessness: https://homelessness.ucsf.edu/our-impact/studies/california- statewide-study-people-experiencing-homelessness

length of homelessness is 22 months. Based upon the 2024 Point-In-Time (PIT) Count4, there are approximately 512 people experiencing homelessness in Hayward, which is up 30% from 2022.

The City of Hayward has adopted several Plans and Resolutions aimed at addressing this crisis, including the Hayward 2023-2031 Housing Element5. The Housing Element was adopted by the City Council on February 7, 20236, and is composed of goals, policies, programs, and actions to help our community meet its housing needs. This project aims to fulfill the following actions to remain in compliance with State housing law and expand supportive housing options for Hayward’s unhoused population:

• Action 13.1: Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound services on site at churches, social services agencies/nonprofits that do this work in the community and on publicly owned land. The City will promote other types of alternative housing options including single room occupancy developments or conversions, group homes, and by-right permanent supportive housing.
• A
ction 13.3 : Assess and amend the Hayward Municipal Code (HMC) as needed to allow Supportive Housing as a “by-right” use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651

7. • A ction 13.4 : Evaluate the permit process for group homes of seven or more persons and amend the HMC to include a set of objective standards to provide certainty to applicants through the permitting process. Evaluate the potential of allowing this use through the Administrative Use Permit process or allow “by-right” subject to objective standards.
• A
ction 13.5: Amend the HMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A)

8. • A ction 13.6: Amend the HMC to comply with California Government Code section 656629 which requires a Low Barrier Navigation center to be a use by-right in areas zoned for mixed-use and non-residential zones permitting multifamily uses, provided specific legal requirements are met.
• A ction 13.7: Amend the HMC to allow tiny homes and emergency shelters on church and publicly owned properties.

4 January 2024 Point-In-Time Count: https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/ 5 Hayward 2023-2031 Housing Element: https://www.hayward-ca.gov/your-government/documents/planning-documents 6 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016046&GUID=4F497BC8-5C65-474C- 8E6E-7447DA88EFEA&Options=&Search=
7 California Government Code Section 65651:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65651&lawCode=GOV 8 Government Code Section 65583, Subdivision (a)(4)(A):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583&lawCode=GOV 9 California Government Code Section 65662:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65662.&lawCode=GOV

• Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.

In addition to the Housing Element, the City Council adopted the Let’s House Hayward Strategic Plan on July 13, 2021

10. This Plan identified goals and strategies to achieve Hayward’s vision of being a leader in ending homelessness through accessible, dignified treatment and services. Many of these goals and strategies served as the basis for actions within the Housing Element.

The City Council has also adopted the five emergency Resolutions (Res 18-02711, Res 19-0412, Res 21-02613, Res 23-02814, and Res 24-02515) to support the operation and construction of supportive housing. Many of these Resolutions include the temporary suspension of local planning and zoning regulations as they currently represent barriers to meaningfully and creatively serving our unhoused population.

The HMC allows a variety of housing options in the residential, commercial, and mixed-use zoning districts. However, the HMC only currently allows a few specific types of supportive housing uses (i.e. group homes, convalescent homes, SROs and homeless shelters) in limited areas, the uses are not clearly defined, and there are few if any operational or performance standards (i.e. number of residents, security measures, on-site management, length of stay, etc.) applicable to the uses, which this project intends to remedy.

PUBLIC CONTACT

The outreach for this project builds upon outreach and feedback efforts associated with the Hayward 2023-2031 Housing Element. A detailed description of those efforts can be found in the City Council adoption hearing staff report

16. In May 2024, staff held five stakeholder meetings to gather input from local service providers, affordable housing developers, educational facilities and faith-based organizations to understand best practices and recommendations in the field of supportive housing. A total of 74 organizations were invited to attend and ten organizations participated in these meetings.

Further, staff from the City of Hayward Community Services, Housing, Maintenance Services, Fire, Police, Building, Water Pollution Source Control and Utilities departments also provided input at a series of internal meetings.

10 July 13, 2021 City Council Public Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E- B317-E2797DF45328&Options=&Search=
11 October 2, 2018 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648- 8632-2BFE62A97107&Options=&Search=
12 January 22, 2019 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=3838800&GUID=89EC3945-8050-428A- 881C-6180A91CBA9A&Options=&Search=
13 February 23, 2021 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=4803667&GUID=7C811874-F8C6-4590- 9385-736AD8D65638&Options=&Search=
14 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016044&GUID=969B2045-A073-4043- 90BB-1659E2882811&Options=&Search=
15 January 30, 2024 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6497824&GUID=27C372BA-05E2-4727- B184-0EB72948365B&Options=&Search=

In September 2024, staff shared the draft zoning regulations with our stakeholders and internal staff. Any comments received to date during the public review period will be shared with Council at the work session. Staff is accepting comments on the draft regulations through October 21, 2024.

To date, the key feedback from the outreach efforts is summarized below:

• The regulations should allow a wide range of types of supportive and transitional housing to serve a variety of different populations (i.e. families, seniors, people with severe mental illness, people who are experiencing short term homelessness due to economic hardship, people who are recovering from illness, addiction or disability, among others).
• The greatest stated housing need based on feedback from the unhoused population are small independent living spaces with limited or no shared facilities. • Congregate housing (i.e. group homes) is not ideal for all populations but serves as a good interim solution for many who cannot live independently, provided there is adequate personal/private space and management.
• Licensed group homes have a rigorous and thorough permitting process with the California Department of Social Services. Any modification of regulations should consider expanding and avoid creating additional barriers for these facilities. • Supportive housing should provide wrap-around services, 24-hour staff close by or on- site, laundry facilities, showers, cooking facilities, internet and locked storage. • Supportive housing should be located close to public facilities, grocery stores, medical services, and transit.

DISCUSSION

Based upon the all the feedback received, staff is recommending several zoning amendments related to expanding supportive housing. The overall goal of these recommendations is to create a spectrum of housing to serve a variety of populations with different needs.

Recommendations include amendments to the Zoning Ordinance17, Off-Street Parking Regulations18, Mission Boulevard Code19 and Downtown Development Code20.

General Clean-Up: The regulations related to general clean up are described below and can be found in Attachment III, Exhibit A-D. These following revisions aim to ensure Hayward’s residential zoning regulations are clear, internally consistent and compliant with State Law:

17 HMC Section 10-1, Zoning Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR 18 HMC Section 10-2, Off-Street Parking Regulations:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART2OREPARE 19 HMC Section 10-24, Mission Boulevard Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART24MIBOCO 20 HMC Section 10-28, Downtown Development Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART28DECO

• Add or revise definitions for the following terms: Single Room Occupancy, Safe Parking, Group Homes, Convalescent Facility, Psychiatric and Rehabilitation Facility, Emergency Shelter, Low Barrier Navigation Center, Live/Work, Dwelling Unit, Sleeping Unit, Housing for Individuals with Disabilities, and Vehicle. • Remove Boarding Home, and Fraternity/Sorority uses.
• Add Dormitory use to the Central City-Residential(CC-R), Central City-Plaza (CC-P), Mission Boulevard-Corridor Neighborhood (MB-CN), Mission Boulevard- Neighborhood Node (MB-NN), Mission Boulevard-Corridor Center (MB-CC), Urban Neighborhood (UN), Downtown-Main Street (DT-MS) and Urban Center (UC) zoning districts with approval of an Administrative Use Permit. • Combine Live/Work and Artist’s Loft into one use.
• Allow Low Barrier Navigation Centers in all mixed use and nonresidential zoning districts permitting multifamily uses (Neighborhood Commercial (CN), Neighborhood Commercial- Residential (CN-R), General Commercial (CG), Commercial Office (CO), Limited Access Commercial (CL), Central Business (CB), Central City-Commercial (CC- C), CC-R, CC-P, MB-CN, MB-NN, MB-CC, Neighborhood Edge (NE), Neighborhood General (NG), UN, Urban Neighborhood-Limited (UN-L), DT-MS, UC) by right in accordance with Government Code section 6566221.
• Add standards for a Low Barrier Navigation Center in accordance with Government Code section 65662.
• Revise housing types within the Off-Street Parking Regulations to be consistent with the Zoning Ordinance.

Single Room Occupancy (SROs): The regulations related to SROs are described below and can be found in Attachment III, Exhibit A (pg. 82). These regulations aim to allow the development of small, independent units for individuals transitioning out of a congregate living environments, unhoused individuals, migrant workers and other extremely low-income residents. Due to their similarities, SROs are proposed to be permitted wherever hotels are permitted. The draft regulations listed below are based on regulations from Milpitas, San Leandro and Winters which have comprehensive SRO ordinances:

• Allow new SROs in the High Density Residential (RH), CL, CB, CC-C, MB-CN, MB-NN, MB-CC, UN, DT-MS and UC districts with approval of an Administrative Use Permit. • Allow hotel conversions into SROs in the Light Industrial (IL), Industrial Park (IP), General Industrial (IG), and Air Terminal-Commercial (AT-C) districts with approval of an Administrative Use Permit.
• Require each unit be a maximum of 400 square feet, have a minimum of 90 cubic feet of storage and have one parking space.
• Allow each unit to have a bathroom and/or an efficiency kitchen. If not provided in each unit, minimum shared facilities are required.
• Require common laundry facilities and open space for all the residents. • Require a management plan that addresses the management and operation of the facility, staffing, rental procedures, safety and security of the residents and building

21 California Government Code Section 65662:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65662.&lawCode=GOV

maintenance.

A map showing all the locations where SROs would be permitted can be found in Attachment II.

Safe Parking: The regulations related to safe parking are described below and can be found in Attachment III, Exhibit A (pg. 81). These regulations aim to create a safe place for individuals to sleep overnight in their vehicles while ensuring access to basic necessities and limiting impacts to adjacent properties and City services. Staff recommends allowing safe parking on large, developed sites to ensure the site can easily accommodate the use. The draft regulations listed below are based on successful Safe Parking programs in Union City and Fremont:

• Allow safe parking on properties owned by tax-exempt non-profit organizations (i.e. faith-based organization, community-based organization) that are a minimum of 20,000 square feet and have a minimum of 50 parking spaces or a habitable structure with minimum 10,000 square feet gross floor area with approval of an Administrative Use Permit.
• Require all vehicles, vans and recreational vehicles be operable and parked on a paved surface.
• Require all safe parking locations provide access to permanent bathroom facilities to participants during all operational hours.
• Require all safe parking locations provide temporary or permanent shower and laundry facilities at least once a week to participants. • Prohibit safe parking operations between the hours of 10:00 a.m. and 5:00 p.m. unless otherwise authorized.
• Require a management plan that addresses the operation, management, rules, and safety measures for the safe parking operation.

A map showing all the locations where safe parking would be permitted can be found in Attachment II.

Group Homes: The regulations related to Group Homes are described below and can be found in Attachment III, Exhibit A (definition on pg. 97). These regulations aim to remove barriers for licensed groups homes which are already heavily regulated by the State. The draft regulations listed below are based on California Department of Housing and Community Development’s Group Home Technical Advisory22 and key feedback from the Supportive Housing Community Land Alliance (SCHLA). Please note there are no proposed changes to unlicensed group homes regulations which allow up to six residences by right and over seven residents with approval of a Conditional Use Permit.

22 HCD Group Home Technical Advisory: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-home-technical- advisory-2022.pdf

• Allow group homes in the CC-C, CC-P, MB-CN, MB-NN, and MB-CC districts in accordance with Welfare and Institution Code section 511623. • Distinguish licensed from unlicensed group homes.
• Licensed Group Homes:
o Define Small Licensed Group Homes as having up to eight residents and allow by right in all districts that currently allow group homes. o Define Medium Licensed Group Homes as having between nine and 14 residents and allow subject to approval of an Administrative Use Permit in all districts that currently allow group homes.
o Define Large Licensed Group Homes as having 15 or more residents, and allow subject to approval of a Conditional Use Permit in all districts that currently allow group homes.

Emergency Shelters: The regulations related to emergency shelters are described below and can be found predominately in Attachment III, Exhibit A (pg. 79). These regulations aim to expand where emergency shelters are permitted to best serve Hayward’s unhoused population and create standards to minimize potential nuisances. The draft standards listed below are based on statutory requirements in Government Code section 65583, subdivision (a)(4)24 and regulations from Oakland, Fremont and San Leandro.

• Allow emergency shelters on parcels along Mission Boulevard and Foothill Boulevard in the CN, CG, and CO districts.
• Allow emergency shelters on parcels along Mission Boulevard in the MB-CC district. • Limit emergency shelters to 45 beds.
• Require emergency shelters provide one parking space for each three employees on site during the shift that has maximum staffing and an additional parking space for each facility vehicle.
• Require a client in-take area and on-site security.
• Require emergency shelters a minimum of 300 feet from one another.

A map showing all the locations where emergency shelters would be permitted can be found in Attachment II.

Psychiatric and Rehabilitation Care Facilities: The regulations related to Psychiatric and Rehabilitation Facilities described below can be found predominately in Attachment III, Exhibit A (definition on pg. 109). These regulations aim to support individuals who are experiencing a crisis and need a higher level of care than can be provided in a congregate living setting (i.e. shelter, group home). Typically, individuals experiencing a mental health crisis are sent to hospitals which are expensive and unprepared to provide extensive mental health support. Establishment of these facilities are supported by best practices, and there has been an increase in funding from the State and County for these facilities.

23 California Welfare and Institution Code Section 5116:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=5116&lawCode=WIC 24 Government Code Section 65583, Subdivision (a)(4):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583&lawCode=GOV

• Allow Psychiatric and Rehabilitation Facilities in the IL, IP, IG MB-CN, MB-NN and MB- CC districts within approval of an Administrative Use Permit. • Require these facilities be licensed and regulated by the State Department of Health Care Services.

A map showing all the locations where Psychiatric and Rehabilitation Facilities would be permitted can be found in Attachment II.

As noted earlier in this report, staff is requesting specific feedback from the Planning Commission on the following questions related to the recommendations above:

• Does City Council support the draft zoning amendments provided in Attachment III, Exhibits A-D?
• Are there any other standards that should be included or excluded for the Safe Parking, Emergency Shelters and Single-Residence Occupancy uses? • Are there any additional zoning districts where Emergency Shelters, Single Residence Occupancy, Groups Home or any other residential use should be permitted?

STRATEGIC ROADMAP

This agenda item supports the Strategic Roadmap Priority of Preserve, Protect and Produce Housing for All. Specifically, this item relates to the implementation of the following projects:

Project H4: Continue to explore safe parking options along with encampment management

Project H10: Amend the Municipal Code to address Housing Element Actions related to housing for a variety of income levels and housing types

ECONOMIC IMPACT

This project aims to promote the development of supportive and transitional housing for individuals and families experiencing homelessness. This project will have a positive economic impact by helping lower the unsheltered population and reducing the economic strain on emergency and maintenance services.

FISCAL IMPACT

This project was anticipated in the Planning Division and Community Services Division work plans therefore, there will be no additional unanticipated impact to the City’s General Fund.

NEXT STEPS

Using the feedback received from decision makers and the community at all the project public meetings and outreach events to date, staff will revise the draft Zoning Amendments with the

goal of adopting final standards by January 2025 in accordance with the timeframe set forth in the certified Housing Element.

Prepared by: Taylor Richard, Associate Planner

Recommended by: Sara Buizer, AICP, Development Services Director

Approved by:

_____________________________________________
Dustin Claussen, Interim City Manager

¯
0 0.5 10.25 Miles
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Emergency Shelter Use Allowed
Legend
City of Hayward
Parcels - Emergency
Shelter Use Allowed
Zoning
CG
CN
CO
IG
IL
IP
MB-CC
MB-CN
MB-NN
Parcel Count: 435
Total Acres: 291
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0 0.5 10.25 Miles
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Psychiatric and Rehabilitation Care Facility Use Allowed Legend
City of Hayward
Parcels - Psychiatric
and Rehabilitation
Use Allowed
Zoning
ZONING_
IG
IL
IP
MB-CC
MB-CN
MB-NN
Parcel Count: 2,966
Total Acres: 3,523
¯
0 0.5 10.25 Miles
Parcel Count: 32
Total Acres: 54
Legend
City of Hayward
Parcels: Safe Parking
Use Allowed
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Safe Parking Use Allowed
¯
0 0.5 10.25 Miles
Exported: 9/23/2024
Scale: 1:15,000
City of Hayward: Single-Room Occupancy Allowed
Parcel Count: 2,660
Total Acres: 969
Legend
City of Hayward
Parcels - Single
Room Occupancy
Allowed
Zoning
AT-C
CB
CC-C
CL
DT-MS
IG
IL
MB-CC
MB-CN
MB-NN
RH
UC
UN

EXHIBIT A

Hayward, California, Municipal Code Created: 2024-03-25 12:42:16 [EST] (Supp. No. 22, Update 1)

SEC. 10-1.200 RESIDENTIAL DISTRICTS1
SEC. 10-1.202 USE REGULATIONS—RESIDENTIAL DISTRICTS.

Table 10-1.202, Land Use Regulations-Residential Districts, sets the land use regulations for the RNP, RL, RM, and RH Districts by letter designation as follows, unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Hayward Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. "-" designates uses that are not allowed.

A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance, other limitations, and applicable subsections following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the Table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoors.

TABLE 10-1.202: USE REGULATIONS-RESIDENTIAL DISTRICTS
"P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed
Use District Additional Regulations

RNP RL RM RH
Residential Uses
Detached residential unit(s) P P P - Subject to density limitations in the General
Plan; See Section 10-

1.204(e). Additions to
detached residential units in
the RH District existing
before the effective date of

1Editor's note(s)—Ord. No. 24-01 , § 3(Exh. A), adopted January 23, 2024, repealed the former Sec. 10 -1.200, §§ 10-1.205—10-1.245, and enacted a new Sec. 10-1.200 as set out herein. The former Sec. 10-1.200 pertained to Single-Family Residential District (RS) and derived from Ordinance 13-12, 11-19-2013; Ordinance 16-02, 1- 19-2016.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

this Ordinance are
permitted.

Duplex/Triplex - P P P Subject to density
limitations in the General
Plan; See Section 10-

1.204(e).

Multi-unit residential (4+
attached units)
- - P P Subject to density
limitations in the General
Plan; See Section 10-

1.204(e).

Accessory dwelling unit(s) P P P P Where primary use is residential. See Section 10-

1.2740 for criteria and
standards.

Two-Unit Development - P - - As provided in Government Code Sections 66411.7 and
65852.21, as amended from
time to time.

Small Unlicensed Group
home (6 or fewer residents,
excluding staff)
P P P P See definitions.

Large Unlicensed Ggroup
home (7 or more residents,
excluding staff)
C C C C See definitions.

Small Licensed Group Home P P P P See definitions.

Medium Licensed Group
Home
A A A A See definitions.

Large Licensed Group Home C C C C See definitions.

Boarding home - - C C
Dormitory - - C A C A
Single Room Occupancy - - - A See Section 10-1.2736(e) for criteria and standards.

Other Uses
Ambulance service - A A A
Cultural facility A A A A
Day care, home (State-
licensed, less than 24-hour
care for children or adults,
14 or fewer persons,
excluding staff)
P P P P See definitions.

Day care center (State-
licensed, less than 24-hour
care for children or adults,
A A A A See definitions.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

15 or more persons,
excluding staff)
Educational facility A A A A
Hospital - A A A
Convalescent
HomeConvalescent facility
- A A A
Livestock A A - -
Parking lot - A A A
Recreational facility A A A A
Religious facility A A A A
Wind energy conversion
system
A A A A Permitted by right if
accessory to a primary use.

Golf course - C C C
Country club - C C C
Public agency facilities p P P P See definitions.

Accessory buildings and uses p P P P See Section 10-1.204(a).

Garage sales p P P P Four per year per dwelling.

See General Regulations
Section 10-1.2735(e).

Home Occupation p P P P See definitions.

Home Occupation,
expanded
A A A A See definitions.

Household pets P P P P See definitions and Section 10-1.2735(f).

Apiaries P P - - See definitions and Section
10-1.2735(f).

(Amended by Ordinance 24-01 , adopted 1-23-2024)
SEC. 10-1.600 RESIDENTIAL-OFFICE DISTRICT (RO)2

2Section 10-1.600 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.615 USES PERMITTED IN THE RO DISTRICT.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District.
(1) Residential Uses.
(a) Boarding Home.
(ab) Small Unlicensed Group home. (6 or fewer residents, excluding staff. See definitions) (bc) Small Licensed Group home. (See definitions)
(c) Multiple-family dwelling.
(d) Single-family dwelling.
(2) Other Uses.
(a) Day care home. (State-Licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities. (See definitions)
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the RO District:
(1) Residential Uses.
(a) Accessory dwelling unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
(b) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling) (2) Other Uses.
(a) Accessory buildings and uses. (See Section 10.1.245.a & b) (b) Garage sales. (4 per year per dwelling. See General Regulations Section 10 -1.2735.d.) (c) Home Occupation. (See definitions)
(d) Household pets.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.620 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District subject to approval of an administrative use permit:
(1) Residential Uses.
(a) Medium Licensed Group home. (See definitions)None.
(2) Administrative and Professional Offices - Less than 1,000 square feet. (a) Accounting and financial offices.
(b) Architectural and engineering offices.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

(c) Chiropractic or acupuncture office.
(d) Insurance and real estate offices.
(e) Law offices.
(f) Medical and dental offices.
(g) Travel and airline agency offices.
(3) Other Uses.
(a) Home occupation - expanded. (See definitions)
(b) Convalescent homeConvalescent facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(c) Cultural facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(d) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff.)
(e) Educational facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(f) Recreational facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(g) Religious facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District subject to approval of a conditional use permit:
(1) Residential Uses.
(a) Large Unlicensed Ggroup home. (See definitions)
(b) Large Licensed Group home. (See definitions)
(2) Administrative and Professional Offices - More than 1,000 square feet. (a) Accounting and financial offices.
(b) Architectural and engineering offices.
(c) Chiropractic or acupuncture office.
(d) Insurance and real estate offices.
(e) Law offices.
(f) Medical and dental offices.
(g) Travel and airline agency offices.
(3) Other Uses.

Bed and breakfast inn.

SEC. 10-1.750 SUSTAINABLE MIXED USE DISTRICT (SMU)

Hayward, California, Municipal Code Created: 2024-03-25 12:42:17 [EST] (Supp. No. 22, Update 1)

SEC. 10-1.750 SUSTAINABLE MIXED USE DISTRICT (SMU)3
SEC. 10-1.765 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District as primary uses:
(1) Residential Uses.

Multiple-family dwelling units. (At 25.0 to 55.0 units per net acre.) (2) Retail.
(a) Bakery
(b) Bookstore
(c) Card shop
(d) Coffee/espresso shop
(e) Delicatessen
(f) Floral shop
(g) Gift shop
(h) Jewelry store
(i) Supermarket
(3) Administrative and Professional Offices/Services.
(a) Accounting and financial offices
(b) Law offices
(c) Medical and dental offices
(4) Personal Services.
(a) Barber or beauty shop
(b) Dry cleaner/laundry
(c) Nail salon
(d) Tailor/seamstress shop
(5) Other Uses.
(a) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the SMU District:

3Section 10-1.750 added by Ordinance 09-08, adopted July 7, 2009.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(1) Residential Uses.
(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
(2) Other Uses.
(a) Home Occupation. (See definitions.)
(b) Household pets.
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.770 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District, subject to approval of an administrative use permit:
(1) Other Uses.
(a) Cultural Facility
(b) Educational Facility (Must be LEED Silver certified and include an adjacent community park) (c) Recreational Facility
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District subject to approval of a conditional use permit:

None.

SEC. 10-1.800 NEIGHBORHOOD COMMERCIAL DISTRICT (CN)4
SEC. 10-1.815 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices (not including check-cashing business). (b) Architectural and engineering offices.

4Note(s)—Section 10-1.815a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.820a. amended by Ordinance 01-01, adopted January 16, 2001.

Section 10-1.820b. amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 04-19, adopted December 21, 2004; Section 10-1.845w. added by Ordinance 01-08, adopted July 17, 2001; Section 10-1.845 amended by Ordinance 07-16, adopted November 6, 2007.

Section 10-1.800 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only.) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(j) Clothing store.
(k) Consignment store.
(l) Coffee/espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture store.
(q) Garden supplies store.
(r) Gift shop.
(s) Hardware store.
(t) Jewelry store.
(u) Locksmith shop.
(v) Music store.
(w) Nursery (plant).
(x) Paint/wallpaper store.
(y) Pet grooming shop.
(z) Pet store.
(aa) Plumbing and heating store.
(bb) Restaurant. (Where not abutting a residential district or property and no bar) (cc) Sporting goods store.
(dd) Stationary store.
(ee) Supermarket.
(ff) Theater. (Small Motion Picture or Live Performance only.) (gg) Thrift store.
(hh) Toy store.
(ii) Variety store.
(jj) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(b) Catering facility.
(c) Christmas tree or pumpkin patch lot. (See Section 10-1.2735c. for standards) (d) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.
(e) Educational facility. Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary students.
(f) Public agency facilities.
(g) Emergency Shelter (Limited to parcels abutting Mission Boulevard and Foothill Boulevard ., See Section 10-1.2736(a) for criteria and standards.)
(h) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN District:
(1) Accessory buildings and uses. (See Section 10.1.845) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.820 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses are permitted in the OS District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

Medical/dental laboratory.
(2) Automobile Related Uses.
(a) Parking lot.
(b) Car Rental Agency
(3) Personal Services.
(a) Health Club.
(b) Massage (When ancillary to an established primary use such as a beauty salon.) (c) Suntan parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Restaurant. (Where abutting a residential district or property)

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(b) Convenience market.
(6) Service Commercial Uses.
(a) Appliance service and repair shop. (Not ancillary to a primary use) (b) Recycling collection area. (When located within a convenience zone) (7) Other Uses.
(a) Animal hospital.
(b) Animal grooming service.
(c) Ambulance service.
(d) Carnival.
(e) Cultural facility.
(f) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff).
(g) Educational facility. Where not exempted, under Section 10-1.815a.(7)(f). (h) Outdoor gathering. (Refer to General Regulations Section 10-1.2735g.) (i) Recreational facility.
(j) Religious facility.
(k) Temporary use. (i.e., Parking lot or tent sale)
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN District, subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses. (See Section 10-1.845 for special requirements) (a) Automobile repair - minor.
(b) Automobile service station.
(c) Car wash.
(d) Drive-in establishments.
(3) Personal Services.
(a) Massage parlor. When not located within an established beauty salon. (b) Tattoo parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Bar, Cocktail lounge, alcohol). (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.)

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(Supp. No. 22, Update 1)

(b) Dance or night club. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.)
(c) Liquor store. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.) (d) Theater, Large Motion Picture. (See Section 10-1.1045 for special requirements.) (6) Service Commercial Uses.

None.
(7) Other Uses.

Banquet hall. (When abutting a residential district or property. See Section 10 -1.2750 et seq. for regulations of alcohol)
SEC. 10-1.900 NEIGHBORHOOD COMMERCIAL-RESIDENTIAL DISTRICT (CN-R)5 SEC. 10-1.915 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN-R District as primary uses:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing store.) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic or acupuncture office.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.

5Note(s)—Repealed and replaced by Ordinance 06-14, adopted July 11, 2006.

Section 10-1.900 amended by Ordinance 13-12 , adopted November 19, 2013.

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(Supp. No. 22, Update 1)

(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor non-residential uses only; required at 27.0 to 55.0 units per net acre above ground-floor commercial uses in the SD6 Special Design District) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Coffee/espresso shop.
(l) Delicatessen.
(m) Fabric store.
(n) Floral shop.
(o) Furniture store.
(p) Garden supplies store.
(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.
(u) Music store.
(v) Nursery (plant).

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(Supp. No. 22, Update 1)

(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater (Small Motion Picture or Live Performance only.) (ff) Thrift store.
(gg) Toy store.
(hh) Variety store.
(ii) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10 -1.2735c. for standards) (c) Day Care Center. (Less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(d) Educational facility. (Small, generally less than 2,000 sq. ft. design to augment the education) (e) Public agency facilities.
(f) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN-R District:
(1) Accessory buildings and uses. (See Section 10.1.845a.—d.) (2) Garage sales. (4 per year per dwelling. See Section 10-1.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10 -1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.920 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District, subject to the approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

Medical/Dental laboratory.
(2) Automobile Related Uses.

Parking lot.
(3) Personal Services.

Massage parlor. (When located within an established beauty or tanning salon) (4) Residential Uses.

Multiple-family dwellings with ground level units. (Not allowed in the SD6 Special Design District.) (5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.

Restaurants. (When abutting residential district or use or containing a bar.) (7) Other Uses.
(a) Animal grooming service.
(b) Animal hospital.
(c) Convalescent homeConvalescent facilityhospital.
(d) Cultural facility.
(e) Educational facility.
(f) Home occupation - expanded.
(g) Recreational facility.
(h) Religious facility.
(i) Temporary use.
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Massage parlor. (When not located within an established beauty or tanning salon)

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(Supp. No. 22, Update 1)

(b) Tattoo parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses. (See General Regulations Section 10-1.2750) (a) Bar, Cocktail lounge, et seq. for regulations of alcohol.) (b) Dance or night club.
(c) Liquor store.
(d) Theater, Large Motion Picture. (See Section 10-1.1045 for special requirements; not allowed in the SD6 Special Design District.)
(6) Service Commercial Uses.

None.
(7) Other Uses.

None.

SEC. 10-1.1000 GENERAL COMMERCIAL DISTRICT (CG)6
SEC. 10-1.1015 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CG District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.

6Section 10-1.1015 a.(5)(ee) added by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1020 a.(3) amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1020 b.(1)(b) amended by Ordinance 99-18, adopted Oct. 12, 1999.

Section 10-1.1020 b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1045 g. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1045 h. added by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1045 v. added by Ordinance 01-08, adopted July 17, 2001.

Section 10-1.1045 w. added by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1015 a., 10-1.1020 a., 10-1.1045, and 10-1.1045 h. amended by Ordinance 06-11, adopted July 11, 2006.

Section 10-1.1005 through 10-1.1020 amended by Ordinance 13-14 , adopted November 19, 2013.

Section 10-1.1000 amended by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.1000 amended by Ordinance 14-17 , adopted July 1, 2014.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)