Tuesday, November 19, 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
November 19, 2024City Council Agenda
CONCURRENT MEETING
GEOLOGIC HAZARD ABATEMENT DISTRICT BOARD/CITY COUNCIL
NOTICE: The GHAD/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/87982701407?pwd=8AfuPvgpgq78YWF1WZSrabShWz4O3c.1 Meeting ID: 879 8270 1407
Password: GHAD/CC@7p
or
Dial: +1 669 900 6833 or +1 646 931 3860
Meeting ID: 879 8270 1407
Password: 4460528610
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
BOARD OF DIRECTORS MEETING
CALL TO ORDER: Mayor/GHAD Chair Salinas
Pledge of Allegiance: Council/GHAD Member Andrews
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
November 19, 2024City Council Agenda
ROLL CALL
PUBLIC COMMENTS
The Public Comment section provides an opportunity to address the GHAD Board on items not listed on the agenda. As the GHAD Board is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to GHAD staff.
CONSENT
Approve the Hayward Geologic Hazard Abatement District
(GHAD) Board Minutes of the GHAD Meeting on June 18, 2024 MIN 24-1191.
Attachments: Attachment I Draft Minutes of 6/18/2024
LEGISLATIVE BUSINESS
Approve Transfer of Plan of Control Responsibilities for All Parcels within The Hideaway Development from Hayward
Tennyson Land, LLC to the Hayward Geologic Hazard
Abatement District (GHAD) and Authorize the GHAD Manager to Accept Title to Assessor’s Parcel Number (APN) 78C-806-4 (Parcel L) and APN 78C-807-1 (Parcel M) in Tract 8439 (Report from GHAD Manager Ralston)
LB 24-0252.
Attachments: Attachment I GHAD Staff Report
Attachment II (A) Plan of Control Transfer Inspection
Attachment III (B) Transfer Acceptance of Tract 8439 Parcels Attachment IV (C) Resolution 24-02
Attachment V (D) Grant Deed for Parcels L and M Tract 8439 GHAD Manager's Report
An oral report from the GHAD Manager on ongoing activities, events, or other items of general interest to the GHAD and the public, if any.
GHAD Boardmembers’ Reports, Referral, and Future Agenda Items Oral reports from GHAD Boardmembers on their activities, referrals to GHAD staff, and suggestions for future agenda items, if any.
Next Meeting: No future meetings are scheduled. All future meetings will be noticed.
The Hayward Geologic Hazard Abatement District Board of Directors Adjourns and Reconvenes into the Meeting of the City Council.
November 19, 2024City Council Agenda
CITY COUNCIL MEETING
CLOSED SESSION ANNOUNCEMENT
October 21, 2024
October 22, 2024
November 12, 2024
PRESENTATION
Veterans' Day Proclamation
PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.
CITY MANAGER’S COMMENTS
An oral report from the City Manager on upcoming activities, events, or other items of general interest to Council and the Public.
CONSENT
Approve the Minutes of the City Council Meeting on October 15, 2024
MIN 24-1221.
Attachments: Attachment I Draft Minutes of 10/15/2024
November 19, 2024City Council Agenda
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Section
5.13 C - Retiree Medical Trust between the City of Hayward (“City”) and the Hayward Fire Chief’s Association (HFCA), to Amend Employee Contributions
CONS 24-5572.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter of Agreement
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Article
12.03 Longevity Pay between the City of Hayward (“City”) and the Hayward Fire Chiefs Association (HFCA), to Amend the Effective Date for All Eligible Members
CONS 24-5583.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter of Agreement
Adopt a Resolution Authorizing the City Manager to Execute a Funding Agreement with AC Transit to Help Fund Bus Shelter Maintenance
CONS 24-5614.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Fehr & Peers in a
Not-to-Exceed Amount of $210,000, for the Speed Management Plan, Project No. 06943
CONS 24-5625.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Increase the Total Construction Contract Not-to-Exceed Amount to $16,373,134 Due to an Increase in Contingency from $855,050 to $1,078,184
CONS 24-5636.
Attachments: Attachment I Staff Report
Attachment II Resolution
November 19, 2024City Council Agenda
Adopt a Resolution Approving Plans and Specifications, and Calling for Bids for the Hesperian Frontage Road Improvement Project No. 05742
CONS 24-5697.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Accepting the Resignation of Commissioner Collin Thormoto from the Community Services Commission, Effective Immediately
CONS 24-5738.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Accepting the Resignation of Task Force Member Margaret Barton from the Keep Hayward Clean and
Green Task Force, Effective Immediately
CONS 24-5749.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Resignation Letter
Adopt a Resolution Releasing Jessica Stanley from the Keep Hayward Clean and Green Task Force, Effective Immediately CONS 24-57510.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution to Approve Final Map of Tract 8429, a One Lot Subdivision for Condominium Purposes at 420 Smalley Avenue (Assessor Parcel No. 431-0008-020-00) to Allow the Construction of Eight (8) Attached Townhouse Condominium Units and Related Site Improvements; Applicant/Owner: MF Smalley Hayward, LLC., Application No. FM-23-0003
CONS 24-55611.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map
Attachment IV Vesting Tentative Tract Map
November 19, 2024City Council Agenda
Adopt a Resolution to Approve Final Map of Tract 8670, a 12-Lot Residential Subdivision at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers 441-0074-009-00 and
441-0074-009-00; Eden Village III), to Allow the Construction of Twelve (12) Single-Family Small Lot Detached Residential Units and Related Site Improvements; Applicant/Owner: Jason Creek Ventures, LLC, Application No. MTA-23-0001
CONS 24-57812.
Attachments: Attachment I Staff Report Tract 8670
Attachment II Resolution Tract 8670
Attachment III Final Map
Attachment IV Approved Vesting Tentative Map
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with Schaaf & Wheeler, and Increase the Contract Amount by
$60,000, for a Total Not-to-Exceed Amount of $260,000 for Engineering Design Services for the Arf Avenue Trash Capture Project
CONS 24-58013.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to
Appropriate $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to Purchase New Equipment for the Hayward Police Department’s Wellness Center
CONS 24-58414.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Approving an Exception to the 180-Day Wait Period Requirement for Two Retired CalPERS Annuitants to Work Within the Hayward Communications Center
CONS 24-58515.
Attachments: Attachment I Staff Report
Attachment II Resolution
November 19, 2024City Council Agenda
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memorandum of Understanding, Section 10.01- Defined Benefit Retirement Program between the City of
Hayward and the Service Employees International Union, Local 1021 - Maintenance and Operations Union to Clarify Employee Pension Cost-Share Requirements for all Eligible Classic and PEPRA Members
CONS 24-59116.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter of Agreement
Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $60,000 for the Removal of Underground Fuel Storage Tanks for a Not-to Exceed Amount of $222,343 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287
CONS 24-59317.
Attachments: Attachment I Staff Report
Attachment II Resolution
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Bhogal Brother Construction Inc., for the Weekes Branch Library Improvement Project, Project No.
BD051 in the Amount of $379,600, Approve an Administrative Change Order Budget of $75,920, and Close the Weekes Branch Library During Renovations
CONS 24-59818.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Weekes Branch Renovation Bid Document
Adopt a Resolution Authorizing the City Manager to Execute a Lease Agreement with Montecito Development LLC, for
Property Located at the Hayward Executive Airport
CONS 24-60519.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Exclusive Negotiating Agreement
Attachment IV Project Terms Sheet
November 19, 2024City Council Agenda
Adopt a Resolution Authorizing the Interim City Manager to Amend the Professional Services Agreement with Dewberry Architects, Inc., by $338,000 for a Not-to-Exceed Amount of $868,000; and Appropriate Additional Funds in the Amount of $338,000 from Capital Projects (Governmental) - Fund 405 for the Hayward Police Department Locker Room and
Communications Center Building, Project No. 07420
CONS 24-60720.
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.
American Rescue Plan Act (ARPA) Analysis and Review (Repot from Finance Director Gonzales)
WS 24-03621.
Attachments: Attachment I Staff Report
Attachment II ARPA Status Update
LEGISLATIVE BUSINESS
FY 2025 Salary Plan Amendment: Adopt a Resolution
Approving an Amendment to the City of Hayward Salary Plan for Fiscal Year 2025 (Report from Human Resources Director Frye)
LB 24-02422.
Attachments: Attachment I Staff Report
Attachment II Resolution
Attachment III Revised FY25 Salary Plan Effective July 1, 2024 Attachment IV Revised FY25 Salary Plan Effective July 29, 2024 Attachment V Revised FY25 Salary Plan September 23, 2024
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Members can provide oral reports on attendance at intergovernmental agency meetings, conferences, seminars, or other Council events to comply with AB 1234 requirements (reimbursable expenses for official activities).
November 19, 2024City Council Agenda
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.
City Council Referral: StackPass Education Discount Program (Referral from Council Members Syrop and Andrews)
RPT 24-08923.
Attachments: Attachment I Council Referral
Attachment II Staff Analysis
ADJOURNMENT
November 26, 2024 - CANCELED -
NEXT MEETING, December 3, 2024, 7:00 PM
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
November 19, 2024City Council Agenda
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-119
DATE: November 19, 2024
TO: Geologic Hazard Abatement District Board
FROM: GHAD City Manager
SUBJECT
Approve the Hayward Geologic Hazard Abatement District (GHAD) Board Minutes of the GHAD Meeting on June 18, 2024
RECOMMENDATION
That the Hayward Geologic Hazard Abatement District (GHAD) Board approves the GHAD meeting minutes of June 18, 2024.
SUMMARY
The Hayward Geologic Hazard Abatement District held a meeting on June 18, 2024.
ATTACHMENTS
Attachment I Draft Minutes of 6/18/2024
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
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MINUTES OF JOINT CITY COUNCIL/HAYWARD GEOLOGIC HAZARD
ABATEMENT DISTRICT BOARD MEETING
OF THE CITY OF HAYWARD
Council Chambers
777 B Street, Hayward, CA 94541
Tuesday, June 18, 2024
The Joint City Council/Hayward Geologic Hazard Abatement District Board meeting was called to order by Board Chair Salinas at 7:01 p.m.
ROLL CALL
Present: BOARD MEMBERS Andrews, Bonilla, Roche, Goldstein, Syrop, Zermeño and Chair Salinas
Absent: None
PUBLIC COMMENT
None.
CONSENT CALENDAR
1. Approve the GHAD Minutes of the Board Meeting of November 14, 2023. It was moved by Board member Andrews and seconded by Board member Roche to approve the minutes; the motion carried unanimously (7-0-0).
PUBLIC HEARING
2. GHAD Manager Haley Ralston provided a very brief explanation as to the purpose of GHADs. She then presented the staff report regarding the proposed budget for the 2024/2025 fiscal year and staff’s proposal to reinstate the levy of assessment for residences within The Reserve development for the 2024/2025 fiscal year, since the reserve balance is expected to fall below the target reserve. Staff’s recommendation was to approve the proposed budget for the 2024/2025 fiscal year, reinstate the levy to $931.00 for residences within The Reserve development only, and maintain the inflation-adjusted assessment limit for the Hideaway and Hayward SoMi developments for 2024/2025 fiscal year.
There was no public comment on this item.
Board member Roche inquired whether staff had notified residents within The Reserve that the levy was going to be reinstated. Ms. Ralston indicated residents had been notified. Board member Syrop had a similar request to ensure that new residents within the development would be notified that they would incur an assessment.
Motion by Board member Syrop (seconded by Board member Roche) to approve Resolution No. 24-01 approving the GHAD Budget for the 2024/2025 fiscal year and to reinstate the assessment 2 49495680.3/517102.0001
levy on The Reserve development residents in the amount of $931.00; the motion carried unanimously (7-0-0).
3. GHAD MANAGER REPORT
The GHAD Manager reported that The Reserve development performed well during the past winter and that staff would likely return to the Board with a transfer request for the Hideaway development in the coming months.
GHAD BOARD MEMBERS’ REPORTS, REFERRAL, AND FUTURE AGENDA ITEMS
4. None.
ADJOURNMENT
GHAD Board Chair Salinas adjourned the meeting at 7:14 pm.
APPROVED:
Mark Salinas, Board Chair,
Hayward Geologic Hazard Abatement District
______________________________
Amara Morrison, Clerk and General Counsel
Hayward Geologic Hazard Abatement District
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: LB 24-025
DATE: November 19, 2024
TO: Geologic Hazard Abatement District Board
FROM: Hayward Geologic Hazard Abatement District (GHAD)
SUBJECT
Approve Transfer of Plan of Control Responsibilities for All Parcels within The Hideaway Development from Hayward Tennyson Land, LLC to the Hayward Geologic Hazard Abatement District (GHAD) and Authorize the GHAD Manager to Accept Title to Assessor’s Parcel Number (APN) 78C-806-4 (Parcel L) and APN 78C-807-1 (Parcel M) in Tract 8439
RECOMMENDATION
Staff recommends that the Hayward GHAD Board of Directors adopt Resolution 24-02 approving the transfer of Plan of Control responsibilities for all parcels within the Hideaway development (Tract 8439) and accept fee title for APN 78C-806-4 (Parcel L) and APN 78C-807-1 (Parcel M) in the Hideaway development from Hayward Tennyson Land, LLC (Developer) to the Hayward GHAD.
SUMMARY
As part of the formation of the GHAD, the GHAD Board of Directors approved a Plan of Control and Engineer’sReport for the Hideaway development (Tract 8439) that outlined a process for the Developer to transfer long-term monitoring and maintenance responsibilities to the GHAD when specified conditions had been met. As planned, in addition to monitoring and maintenance responsibilities, it was contemplated that the GHAD would become owner of selected parcels within Tract 8439. GHAD staff has verified that all parcels located within Tract 8439 are eligible for transfer for GHAD responsibilities as described in the Plan of Control for the Hideaway development.
ATTACHMENTS
Attachment I GHAD Staff Report
Attachment II GHAD Plan of Control Transfer Inspection Letter dated May 18, 2023 Attachment III GHAD Plan of Control Transfer Acceptance of Tract 8439 Parcels Attachment IV GHAD Resolution 24-02
Attachment V Grant Deed for Parcels L and M in Tract 8439 CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:LB 24-025
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
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15342.000.000
November 19, 2024
50546683.1/517102.0002
HAYWARD
GEOLOGIC HAZARD ABATEMENT DISTRICT
TO: Hayward GHAD Board of Directors
FROM: GHAD Manager, ENGEO Incorporated, Haley Ralston
GHAD Attorney, Fennemore Wendel, Amara Morrison
BOARD MEETING DATE: November 19, 2024
SUBJECT: Approve Transfer of Plan of Control Responsibilities for All Parcels within The Hideaway Development from Hayward Tennyson Land, LLC to the Hayward Geologic Hazard Abatement District (GHAD) and Authorize the GHAD Manager to Accept Title to Assessor’s Parcel Number (APN) 78C- 806-4 (Parcel L) and APN 78C-807-1 (Parcel M) in Tract 8439
RECOMMENDATION(S):
Staff recommends that the Hayward GHAD Board of Directors adopt Resolution 24-02 approving the transfer of Plan of Control responsibilities for all parcels within the Hideaway development (Tract 8439) and accept fee title for APN 78C-806-4 (Parcel L) and APN 78C-807- 1 (Parcel M) in the Hideaway development from Hayward Tennyson Land, LLC (Developer) to the Hayward GHAD.
SUMMARY:
As part of the formation of the GHAD, the GHAD Board of Directors approved a Plan of Con trol and Engineer’s Report for the Hideaway development (Tract 8439) that outlined a process for the Developer to transfer long-term monitoring and maintenance responsibilities to the GHAD when specified conditions had been met. As planned, i n addition to monitoring and maintenance responsibilities, it was contemplated that the GHAD would become owner of selected parcels within Tract 8439. GHAD staff has verified that all parcels located within Tract 8439 are eligible for transfer for GHAD responsibilities as described in the Plan of Control for the Hideaway development.
BACKGROUND AND DISCUSSION:
The process for transferring future Hayward GHAD Plan of Control responsibilities from the Developer to the GHAD is listed in the adopted 2019 Plan of Control and Engineer’s Report for the Hideaway development. In January 2023, the Developer reached out to the GHAD Manager to initiate the transfer process for all parcels within the Hideaway development. In response, the GHAD Manager began the process of verifying that the facilities for which the GHAD will have maintenance responsibilities have been constructed and maintained according to the City- approved plans and are in good working order. The GHAD provided the Developer with a “Punchlist” letter summarizing the conditions of acceptance of the proposed GHAD-owned and/or maintained parcels and improvements. The Punchlist letter dated May 18, 2023, is provided as Attachment A to this staff report.
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Subsequently, the Developer notified the GHAD that it had completed maintenance or repair of items identified on the “Punchlist” letter. The GHAD Manager re-inspected the improvements and deemed them acceptable for transfer to the GHAD as described in the Plan of Control Acceptance Letter provided as Attachment B. In addition, the Developer has completed the other pre-requisites for transfer, including ensuring the reserve minimum has been established and recordation of a Declaration of Restrictive Covenants and Disclosures and a Right of Entry regarding the GHAD. The minimum reserve requirement of $91,000 has been met and was accumulated through the collection of GHAD assessments for the Hideaway development.
Table 1 identifies the parcels eligible for transfer to the GHAD.
TABLE 1: Eligible Transfer Parcels
ASSESSOR’S PARCEL NUMBER DESCRIPTION (Tract 8439) GHAD
OWNERSHIP
78C-806-4 Parcel L Yes
78C-807-1 Parcel M Yes
78C-805-1 Parcel A No
78C-805-2 Parcel B No
78C-805-3 Parcel C No
78C-806-1 Parcel D No
78C-805-1 Parcel E No
78C-805-5 Parcel F No
78C-805-6 Parcel G No
78C-805-7 Parcel H No
78C-806-2 Parcel I No
78C-806-3 Parcel J No
78C-805-8 Parcel K No
78C-805-9 Parcel N No
78C-805-10 Parcel O No
78C-805-11 Parcel P No
78C-805-12 Parcel Q No
78C-805-13 through 78C-805-71 Residential No
Hayward Tennyson Land, LLC is offering ownership of Parcels L and M to the GHAD. The parcels are approximately 11 acres of land. The transfer of ownership of these Parcels was anticipated in the adopted Plan of Control which is authorized by California Public Resources Code section 26577 which states, “A district may purchase, lease, obtain an option on, acquire by gift, grant bequest, or devise, or otherwise acquire any property or any interest in property”.
If acceptance of the parcels listed in Table 1 is approved by the GHAD Board of Directors, the GHAD will be responsible for owning Parcels L and M, and monitoring and maintenance of all parcels as described in the Plan of Control. Parcels L and M are steeply sloping open space parcels with GHAD-maintained improvements (reconstructed slopes, drainage courses, subdrains and subdrain outfalls) as described in the Plan of Control. Based on the responsibility of a GHAD to respond to geologic hazards within open space slopes that may have the potential to impact improvements and residences, it is recommended the GHAD own Parcels L and M.
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FISCAL IMPACT:
The Plan of Control and Engineer’s Report anticipated funding of GHAD-maintained improvements and ownership responsibilities for Parcels L and M through an assessment of property owners within the District. Levying of these assessments started in fiscal year 2021/22 and is anticipated to continue in perpetuity.
Prepared by: GHAD Manager and GHAD Attorney
Recommended by: GHAD Manager
ATTACHMENTS:
A. Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Inspection Letter dated May 18, 2023
B. Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Acceptance of Tract 8439 Parcels, dated October 31, 2024
C. Resolution 24-02 to Approve Transfer of Plan of Control Responsibilities for All Parcels within the Hideaway Development from Hayward Tennyson Land, LLC to the Hayward Geologic Hazard Abatement District (GHAD) and Authorize the GHAD Manager to Accept Title to Assessor’s Parcel Number (APN) 78C-806-4 (Parcel L) and APN 78C-807-1 (Parcel M) in Tract 8439
D. Grant Deed for Parcels L and M in Tract 8439
2010 Crow Canyon Place, Suite 250 San Ramon, CA 94583 (925) 866-9000 Fax (888) 279-2698 www.engeo.com
Project No.
15342.000.000
May 18, 2023
Mr. Travis Kauzer
Hayward Tennyson Land, LLC
c/o Grupe Communities, Inc.
3255 West March Lane, 4th Floor
Stockton, CA 95219
Subject: Hayward Geologic Hazard Abatement District
Hideaway (formerly Ersted Property) Development
Hayward, California
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PLAN OF CONTROL TRANSFER INSPECTION
Dear Mr. Kauzer:
As requested, ENGEO, acting as the Hayward GHAD Manager, conducted a site inspection for the listed parcels and slope easement areas within and adjacent to the Hideaway development (Tract 8439) in Hayward, California. The site inspection occurred on February 3, 2023. These parcels are proposed for transfer (“Transfer Parcels”), as identified on the transfer applic ation provided by Hayward Tennyson Land, LLC (“Developer”) to the H ayward GHAD, as l isted in Table 1 below.
TABLE 1: Transfer Parcels – Parcels and Streets
ASSESSOR’S PARCEL NUMBER
(APN) PARCEL LABEL ADDRESS /
DESCRIPTION
FUTURE GHAD-
OWNED PARCEL
78C-806-4 Parcel L Tract 8439 Yes
78C-807-1 Parcel M Tract 8439 Yes
78C-805-1 Parcel A Tract 8439 No
78C-805-2 Parcel B Tract 8439 No
78C-805-3 Parcel C Tract 8439 No
78C-806-1 Parcel D Tract 8439 No
78C-805-1 Parcel E Tract 8439 No
78C-805-5 Parcel F Tract 8439 No
78C-805-6 Parcel G Tract 8439 No
78C-805-7 Parcel H Tract 8439 No
78C-806-2 Parcel I Tract 8439 No
78C-806-3 Parcel J Tract 8439 No
78C-805-8 Parcel K Tract 8439 No
78C-805-9 Parcel N Tract 8439 No
78C-805-10 Parcel O Tract 8439 No
78C-805-11 Parcel P Tract 8439 No
78C-805-12 Parcel Q Tract 8439 No
78C-805-13 through 78C-805-71 Residential Tract 8439 No
Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 2
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PLAN OF CONTROL TRANSFER INSPECTION
As described in Section 6.4 of the Hideaway Development Plan of Control ( Reference 1), t he purpose of this inspection is to verify that all the f acilities for w hich the GHAD will have maintenance responsibility have been constru cted a nd maintained a ccording to the City-approved plans and specifications for the individual improvements, and that such facilities are operational and in good working order.
As stated in t he Plan of Control (Reference 1), eligibility for transfer will occur exactly 3 years after the is suance of the first residential building permit by the City of Hayward within the Hideaway development wit hin the Hayward GHAD. The f irst residential building permit was issued on December 10, 2020 . The turnover date may be extended by th e project developer.
Section 6.4 of the Plan of Control also states, “Up to one year in advance of the Transfer Eligibility Da te or in any subse quent year, at its discretion, the Developer may app ly to the GHAD (“Transfer Application”) to tra nsfer the responsibility for performing GHAD Activities ( as such term is defined in Section 7.0 [of the Plan of Control] for such Parcel(s) to the District.”
Based on observ ations made during the February 2023 site walkover s, the parcels listed in Table 2 are eligible for transfer of Plan of Control responsibilities to the Hayward GHAD as there were no areas of concern related to Plan of Control responsibilities identified on these parcels.
TABLE 2: Areas Eligible for Transfer to the Hayward GHAD ASSESSOR’S PARCEL NUMBER (APN) PARCEL LABEL ADDRESS/DESCRIPTION 78C-805-1 Parcel A Tract 8439
78C-805-2 Parcel B Tract 8439
78C-805-3 Parcel C Tract 8439
78C-806-1 Parcel D Tract 8439
78C-805-1 Parcel E Tract 8439
78C-805-5 Parcel F Tract 8439
78C-805-6 Parcel G Tract 8439
78C-805-7 Parcel H Tract 8439
78C-806-2 Parcel I Tract 8439
78C-806-3 Parcel J Tract 8439
78C-805-8 Parcel K Tract 8439
78C-805-9 Parcel N Tract 8439
78C-805-10 Parcel O Tract 8439
78C-805-11 Parcel P Tract 8439
78C-805-12 Parcel Q Tract 8439
78C-805-13 through 78C-805-71 Residential Tract 8439
COMMENTS
We had the following observations during t he site inspections and have provided comm ents on items to be completed prior to transfer of Plan of Control responsibilities to the GHAD.
Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 3
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PLAN OF CONTROL TRANSFER INSPECTION
Drainage Ditches and Swales
1. A segment of concrete-lined drainage ditch is located on Parcel M and will be maintained by the GHAD (Figure 1). The concrete-lined drainage dit ch was observed for accumulation of debris and sediment and for obvious distress such as crackin g or shifting of the concrete. In general, the concrete -lined d rainage ditc h located on Parcel M was in g ood condition.
Routine m aintenance shall be performed and include remov al of accumulated vegetati on, vegetative debris, and soil. Vegetative debris shall be cut and removed from within the ditch and for a minimum of 12 inches on both sides of the ditch. Vegetation overhanging the ditch shall also be removed.
2. A drainage swale is located on Parcel M and will be maintained by the GHAD (Figure 1).
The d rainage sw ale was observed for proper shape, profile , and overall condition. At the time of our site visit, it appear ed that the drainage swale was not con structed based on City-approved as-built improvement plans (Reference 4 ). The d rainage swale should be constructed according to the approved improvement plans.
3. Along the property fence east of Lo t 59 on Parcel M (APN 78C-807-1), there appears to be a rip rap-lined drainage swale (F igure 1). Based on review of the City-approved as -built improvement plans, there does not appear to be mention or detail provided f or th e riprap-lined drainage swale. The GHAD requests an updated plan or detail for the existence of the riprap-lined drainage swale.
Subdrain Outlets
4. Subdrain outlets within the Transfer Areas were observed for condition and flow (Figure 1).
Additional comments for observed subdrain outlets within the Tra nsfer Areas are listed i n Table 2.
TABLE 2: Keyway Subdrains
LABEL COMMENTS
SD-1 Unable to locate.
SD-2 Unable to locate.
SD-3
Unable to locate. Possible location near or in white, 6” diameter perforated PVC stick up. Confirm outlet detail and location.
SD-4 Unable to locate. No accessible storm drain inlet or manhole near outlet location.
SD-5 Open and clear. No flow at time of visit.
SD-6 Unable to locate.
SD-7 Unable to locate.
Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 4
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PLAN OF CONTROL TRANSFER INSPECTION
Storm Drain System
5. Storm drain inlets are located within the Transfer Areas. Maintenance should include bolting unsecured grates, replacement of damage d grates, replacement of mechanically damaged sections, sealing of cracks, removal of accumu lated vegetati on, debris , constru ction materials (such as silt sa cks), and so il. All the storm drain inlets should b e thoroughly inspected and corrected for items noted above.
Open Space and Slopes
6. There is a minor landslide on the slope above the Homeowners Association’s landscaped common space, east of the parking stalls on Ashwell Avenue, on Parcel M (Figure 1). This landslide should be repaired prior to acceptance by the GHAD.
7. On Parcel L, it appears that the ne ighboring development is undergoing active construction and has used the southern corner portion of Parc el L as storage for construction materials and soil stockpiles (Figure 1 ). The construction materials and soil stockp iles should be removed and slope grades should be reestablished prior to acceptance by the GHAD.
8. Along the eastern edge of Parcel L, a large tree has fallen and has uprooted subsurface soil (Figure 1). The tree should be removed a nd properly disposed of off site, and slope grades should be reestablished prior to acceptance by the GHAD.
9. All litter and debris, including remaining construction materials, shall be removed from the open space parcels and banks of the creeks and wetland areas . Several observable locations with significant debris within the open space parcels are noted in Figure 1.
Retaining Walls
10. A bur ied retaining wall exists on Parcel L and will be considered a GHAD-maintained improvement since it resides on a future GHAD -owned parcel. Since the retaining wall is buried, there were no observable conditions of the retaining wall to report. Retaining walls on non -GHAD-owned parcels are maintained by others and the GHAD ’s responsibilities would be related to retaining walls impacted by a geologic hazard as provided for in the Plan of Control.
Vegetation Management
11. On Parcels L and M, vegetation should be controlled sufficiently to meet the requirements of Hayward Fire Department standards until the GHAD accepts transfer of the parcels.
Trails
12. There is a pedestrian walking trail located on Parcel M that will be maintained by the GHAD (Figure 1) . At the time of o ur site visit, there were minor eros ion rills, st raw waddles, and overgrown vegetation within t he trail. The erosion rills should be repaired , and the straw waddles and overgrown veg etation should be removed prior to acceptance by the GHAD.
Additional improvement details related to the trail should be pr ovided to th e GHAD , if available.
Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 5
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PLAN OF CONTROL TRANSFER INSPECTION
Fencing
13. As the GHA D will be th e long -term owner of Parcels L and M within the Hideaway development, the property line fencing will be GHAD-owned and maintained. The existing fencing should be inspected along the pr operty boundary and replaced where damag ed or missing.
Locks
14. The GHAD should be provided with any keys and codes to locks that will be maintained within open space parcels and maintenance roads.
Transfer Documents
15. As identified in the re ferenced Plan of Control, the GHAD should be provided with copies of the geo technical explorat ion reports, field-verified geologic maps, as-built grading plans, as-built corrective grading plans, as-built improvement plans, as-built subd rain plans , retaining wall dra inage plans, and as-built testing and observa tion reports r elated to earthwork within the Transfer Areas.
16. The GHAD should be p rovided with any agreements or requir ements related to la ndscape maintenance on Parcels L and M, if a ny. The GHAD wi ll review any conditions related to landscape maintenance to det ermine if the current conditions meet the se requirements. In addition, the GHAD should be supplied with a contact to notify if any issue s arise with the plants or irrigation system.
17. The GHAD should be provided with copies of approved land scape plans , including plans showing any mitigation plantings and associated irrigation systems. The GHAD s hould also be provided wit h th e process the de veloper has for decommissioning any tempo rary irrigation systems.
18. The GHAD requests documentation from the City of Hayward verifying acceptance of GHAD-maintained improvements within all Transfer Areas as listed in Table 1 and Table 2.
19. For the GHAD’s review, t he GHAD should be provi ded with draft Right -of-Entry agreement(s) f or lan dscape maintenance, mitigation, or addit ional activiti es planned by others on future GHAD-owned Parcels L or M.
20. As provided in the referenced Plan of Control, GHAD Ownership Areas will include Parcels L and M. Draft grant deeds should be provided to the GHAD for Parcels L and M for review. In addition, the GHAD should be prov ided with a cop y of any deed restrictions that may exist for Parcels L and M.
21. The GHAD requests prelimin ary tit le re ports fo r Parcels L and M. Existing easeme nts, encumbrances, or other title exceptions will be review ed and may need to be extinguished before deeds are recorded.
22. The GHAD requests copies of any fencing agreements with neighboring property owners for repair or maintenance responsibilities, if any.
Hayward Tennyson Land, LLC 15342.000.000
Hayward Geologic Hazard Abatement District May 18, 2023 Hideaway Development Page 6
GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)
PLAN OF CONTROL TRANSFER INSPECTION
We will review the requested documentation and reinspect the listed site conditions after we are informed in writing that the site corrective work has been complet ed. It shou ld be noted that additional punch list items may be add ed based on a review of t he requested documents.
Please do not hesitate to call if you have any questions regarding this letter.
Sincerely,
ENGEO Incorporated
Hayward GHAD Manager
Haley Ralston Robert H. Boeche, CEG
hjr/rhb/dt
Attachments: List of References
Figure 1 – Site Plan
15342.000.000
May 18, 2023
LIST OF REFERENCES
1. ENGEO. 2019. Hayward Geologic Hazard Abatement Distr ict (GHAD) Plan o f Contro l, Ersted Property, Tract 8439, Hayward, California. Project No. 15342.000.000. February 26, 2019.
2. Berlogar Stevens & Associat es. 2019. Remedial Grading Plan, Ersted-Tennyson Property, Hayward, California. Job No. 3823.104. March 12, 2019.
3. Wood Rodgers. 2019. Grading Plans, Tract 8439- Ersted Property. March 2019. Project No. 3121.020.
4. Wood Rodgers. 2019. As-Built Improvement Plans, Tract 8439- Ersted Property, Hayward, California. October 31, 2019. Project No. 3121.020.
2010 Crow Canyon Place, Suite 250 San Ramon, CA 94583 (925) 866-9000 [email protected] www.engeo.com
Project No.
October 31, 2024 15342.000.000
Hayward Geologic Hazard Abatement District Board of Directors Chair Mark Salinas
Boardmember Angela Andrews
Boardmember Ray Bonilla Jr.
Boardmember Dan Goldstein
Boardmember Julie Roche
Boardmember George Syrop
Baordmember Francisco Zermeño
Hayward Geologic Hazard Abatement District
777 B Street
Hayward, CA 94541
Subject: Hideaway Development (formerly Ersted Property) Hayward, California
HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT
PLAN OF CONTROL TRANSFER ACCEPTANCE OF TRACT 8439 PARCELS
References: 1. ENGEO. 2023. Geologic Hazard Abatement District (GHAD) Plan of Control Transfer Inspection, Hideaway (formerly Ersted Property) Development, Hayward, California. Project No. 15342.000.000. May 18, 2023.
2. ENGEO. 2019. Hayward Geologic Hazard Abatement District (GHAD) Plan of Control for Ersted Property, Tract 8439, Hayward, California. Project No. 15342.000.000. February 26, 2019.
Dear Chair Salinas and Boardmembers:
As requested, ENGEO Incorporated, acting as the Hayward Geologic Hazard Abatement District (GHAD) Manager, reinspected the parcels within and adjacent to the Hideaway development (Tract 8439) , as listed in Table 1 below. The purpose of the reinspection was to verify the completion of the punchl ist items provided to the developer, Hayward Tennyson Land, LLC, in Reference 1.
TABLE 1: Eligible Transfer Parcels – Parcels and Streets ASSESSOR’S PARCEL NUMBER
(APN) PARCEL LABEL ADDRESS/DESCRIPTION FUTURE GHAD-OWNED PARCEL
78C-806-4 Parcel L Tract 8439 Yes
78C-807-1 Parcel M Tract 8439 Yes
78C-805-1 Parcel A Tract 8439 No
78C-805-2 Parcel B Tract 8439 No
78C-805-3 Parcel C Tract 8439 No
78C-806-1 Parcel D Tract 8439 No
78C-805-1 Parcel E Tract 8439 No
78C-805-5 Parcel F Tract 8439 No
78C-805-6 Parcel G Tract 8439 No
Hayward Geologic Hazard Abatement District 15342.000.000 Hideaway Development (formerly Ersted Property) October 31, 2024 HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT Page 2
PLAN OF CONTROL TRANSFER ACCEPTANCE OF TRACT 8439 PARCELS
ASSESSOR’S PARCEL NUMBER
(APN) PARCEL LABEL ADDRESS/DESCRIPTION FUTURE GHAD-OWNED PARCEL
78C-805-7 Parcel H Tract 8439 No
78C-806-2 Parcel I Tract 8439 No
78C-806-3 Parcel J Tract 8439 No
78C-805-8 Parcel K Tract 8439 No
78C-805-9 Parcel N Tract 8439 No
78C-805-10 Parcel O Tract 8439 No
78C-805-11 Parcel P Tract 8439 No
78C-805-12 Parcel Q Tract 8439 No
78C-805-13 through 78C-805-71 Residential Tract 8439 No
Tract 8439 is located immediately south of Tennyson Road and west of Vista Grande Drive, and is approximately 17.23 acres in area. The development parcels contain graded slopes that support portions of residential parcels, Tennyson Road, and Vista Grande Drive. As described in the Plan of Control (Reference 2), Parcels L and M will be owned by the GHAD.
As stated in the Plan of Control, eligibility for transfer can occur exactly 3 years after the issuance of the first resi dential building permit within the Hideaway development. The turnover date may be extended by the property owner. The first residen tial building permit within the Hideaway development was issued in December 2020.
The purpose of th e reinspection, as described in the Plan of Control, was to verify that the improvements for which the GHAD will have maintenance and monitoring responsibilities have been constructed and maintained according to the City-approved plans and specifications for the individual improvements, and that such improvements are operational and in good working order.
During the most recent reinspection, we did not identify areas of concern related to parcels within Tract 8439.
All parcels within Tract 8439 , as described in Table 1 , are eligible for acceptance of GHAD responsibility for performing activities. At the time the GHAD Board of Directors approves the transfer by resolution and the GHAD acquires fee -title ownership , the GHAD will accept responsibility for performing plan of control activities on all parcels within Tract 8439.
Please do not hesitate to contact us if you have any questions regarding this letter.
Sincerely,
ENGEO Incorporated
Greg Hudson Robert H. Boeche, CEG
gh/hr/rhb/ar
50546714.1/517102.0002
THE BOARD OF DIRECTORS OF HAYWARD GEOLOGIC HAZARD A B A T E M E N T
DISTRICT
RESOLUTION NO. 24-02
APPROVE TRANSFER OF PLAN OF CONTROL RESPONSIBILITIES FOR ALL PARCELS
WITHIN THE HIDEAWAY DEVELOPMENT FROM HAYWARD TENNYSON LAND, LLC TO
THE HAYWARD GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) AND AUTHORIZE THE GHAD MANAGER TO ACCEPT TITLE TO ASSESSOR’S PARCEL NUMBER (APN) 78C-806-4 (PARCEL L) AND APN 78C-807-1 (PARCEL M) IN TRACT 8439 WHEREAS, on March 1, 2016, the City Council adopted Resolution 16- 030, approving and ordering formation of the Hayward Geologic Abatement District (GHAD) and appointed its members to act as the GHAD Board of Directors (the "Board"); and
WHEREAS, on February 26, 2019, the Hayward GHAD adopted Resolution No. 19-03 that approved the Plan of Control for the Hideaway (also known as “Ersted”) development (Tract 8439); and
WHEREAS, the approved Plan of Control provides a process for transferring ownership, monitoring, and maintenance responsibilities for GHAD activities from the developer to the GHAD; and
WHEREAS, Hayward Tennyson Land, LLC, as the property owner and developer, intiated the transfer process of all Assessor’s Parcel Numbers (APNs) within the Hideaway (Ersted) development; and
WHEREAS, Hayward Tennyson Land, LLC has fulfilled the transfer requirements set forth in the adopted Plan of Control with verification by the GHAD Manager as documented in the Acceptance Letter dated October 31, 2024, for the Hideaway (Ersted) development; and
WHEREAS California Public Resources Code section 26577 authorizes the GHAD to acquire interests in real property and the GHAD is amenable to accepting ownership of Parcel L and Parcel M in Tract 8439.
NOW, THEREFORE, BE IT RESOLVED that the Hayward GHAD Boardof Directors hereby::
1. Approves the Transfer of Plan of Control responsibilities for all parcels within the Hideaway Development from Hayward Tennyson Land, LLC to the Hayward GHAD.
2. Approves the transfer of ownership of Parcels L and M in Tract 8439 and authorizeds the GHAD Manager to accept a Grant Deed, record a Grant Deed, and take other actions that may be necessary for the GHAD to accept fee title to the parcels described as Parcel L (APN 78C-806-4) and Parcel M (APN 78C- 806-1) of Tract 8439.
3. The recitals are incorporated herein by this reference. 50546714.1/517102.0002
4. This Resolution shall become effective immediately upon its passage and adoption.
IN COUNCIL, HAYWARD, CALIFORNIA November 19, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
A T T E S T : _____________________
Clerk of Hayward Geologic Hazard Abatement
District
Board of Directors of the City of Hayward
APPROVED AS TO FORM:
___________________________________________________
General Counsel of the Hayward Geologic Hazard Abatement District 1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Hayward GHAD
2010 Crow Canyon Pl., Suite 250
San Ramon, CA 94583
Attn: Haley Ralston
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES
PURSUANT TO SECTION 27383 OF THE CALIFORNIA
GOVERNMENT CODE
GRANT DEED
FOR NO VALUABLE CONSIDERATION,
HAYWARD TENNYSON LAND, LLC, a California limited liability company hereby GRANTS to
Hayward Geologic Hazard Abatement District, a California district organized and existing under the laws of the State of California,
all right, title, and interest in and to the following described real property in the City of Hayward, County of Alameda, State of California:
APN: 78C-806-4 (Parcel L, Tract 8439)
APN: 78C-807-1 (Parcel M, Tract 8439)
See Exhibit A attached hereto and incorporated herein
Dated: , 2024 HAYWARD TENNYSON LAND, LLC a California
limited liability company
By: HAYWARD TENNYSON LAND, LLC a
California limited liability company
By:
By:
2 MAIL TAX STATEMENTS AS PROVIDED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On ____________________, 2024, before me, ____________________________, a Notary Public, personally appeared _________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Name of Notary:
County of Notary’s principal place of business:
Notary’s telephone number:
Notary’s Commission number:
Notary’s Commission expiration date:
Exhibit A
Legal Description
Parcels L and M of Tract 8439, recorded in the Office of the Recorder of Alameda County in Book 361 of Maps, at Pages 7-16.
APN: 78C-806-4, 78C-807-1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the foregoing GRANT DEED, which is executed by Hayward Tennyson Land, LLC, a California Limited Liability Company, is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. 24-02, adopted November 12, 2024. The Hayward Geologic Hazard Abatement District (“GHAD”), as Grantee, consents to the recordation of said GRANT DEED.
By: ______________________________ __________________
Uri Eliahu, Hayward GHAD Manager Date
Attest:
______________________
Amara Morrison
Hayward GHAD Clerk
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 24-122
DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Approve the Minutes of the City Council Meeting on October 15, 2024
RECOMMENDATION
That the Council approves the City Council meeting minutes of October 15, 2024.
SUMMARY
The City Council held a meeting on October 15, 2024.
ATTACHMENTS
Attachment I Draft Minutes of October 15, 2024
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
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CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
The City Council meeting was called to order by Mayor Salinas at 7:00 p.m. The City Council held a hybrid meeting in the Council Chambers and virtually via Zoom.
Pledge of Allegiance: Council Member Zermeño
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 15, 2024, at 5:30 p.m., with all members present and no public speakers, regarding two items: 1) conference with legal counsel pursuant to Government Code section 54956.9(d)(1) regarding Alina Shinwary v. City of Hayward, et al., Alameda County Superior Court Case No. 23CV037683; and 2) conference with legal counsel pursuant to Government Code section 54956.9(d)(2) regarding one case based on facts and circumstances for which there is significant exposure to litigation. City Attorney Lawson indicated that the Council met to discuss both items, gave direction to legal counsel, but otherwise took no reportable action. The closed session adjourned at 6:20 p.m.
PRESENTATION
Mayor Salinas read a proclamation declaring October 14, 2024, as Indigenous Peoples’ Day and the month of November 2024 as Native American Heritage Month in the City of Hayward.
Elsa Saenz, Indigenous Peoples Education Association Coordinator, accepted the proclamation on behalf of the Indigenous Peoples Education Association at Chabot College , and thanked the Council for the recognition. Equity and Inclusion Officer Josephine Ayankoya accepted the proclamation on behalf of the Hayward Library and Library Director Jayanti Addleman.
PUBLIC COMMENTS
Tom Wong expressed concern about the urgency of extending Measure K-1, a half-cent sales tax, until 2055, when it does not expire for another 10 years; questioned whether there are plans to borrow money from Measure K -1, similar to how money was borrowed from Measure C to build a library; and asked for more clarity on the benefits of Measure K-1.
Council Member Zermeño acknowledged students from Hayward High School students.
City Clerk Lens presented a video that provided key information on voter registration, deadlines, and voting options for the November 5, 2024, election. 2 |O c t o b e r 15 , 2 0 2 4
CITY MANAGER’S COMMENTS
Interim City Manager Claussen made two announcements: 1) gently used costumes and accessories for babies, toddlers, children, and teens will be distributed at the Weekes Branch Library’s Halloween Costume Give away event on October 18, and October 22, 2024; 2) the City’s improved Pavement Condition Index (PCI) has risen to 76 which represents a significant achievement given the general deterioration of roads in the Bay Area.
CONSENT CALENDAR
1. Approve the Minutes of the Special City Council Meeting on October 1, 2024 MIN 24-109 It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the City Council meeting minutes of October 1, 2024.
2. Approve the Minutes of the Special City Council Meeting on October 8, 2024 MIN 24-111 It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the special City Council meeting minutes of October 8, 2024.
3. 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 24-512
Staff report submitted by Public Works Director Ameri, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-201, “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”
4. 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 24-514
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
Staff report submitted b y Interim Fire Chief Vollmer, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-202, “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”
5. 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 24-520 Staff report submitted b y Public Works Director Ameri, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-203, “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”
4 |O c t o b e r 15 , 2 0 2 4
6. 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) CONS 24-521 Staff report submitted by Public Works Director Ameri, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-204, “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”
7. 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 24-522 Staff report submitted by Public Works Director Ameri, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-205, “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”
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
8. 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 24-525
Staff report submitted by Finance Director Gonzales, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-206, “Resolution Authorizing the City Manager to Execute Amendment No. 1 to an Agreement with Info Send, 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”
9. 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 24-526 Staff report submitted by the Police Chief Matthews, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
6 |O c t o b e r 15 , 2 0 2 4
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-207, “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”
Council Member Roche highlighted the significant grant awarded to the animal shelter in the amount of $500,000 from the Keith Lacey Trust.
TJ, with Hayward Concerned Citizens, echoed Council Member Roche's praise for the grants to the Hayward Animal Services Bureau and expressed support for Measure K-1, hoping it will help secure a larger space for the animal shelter through the planned public safety building.
10. 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 24-527 Staff report submitted by Public Works Director Ameri, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-208, “Resolution to 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”
11. 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 24-528
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
Staff report submitted by the Police Chief Matthews, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-209, “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”
Council Member Roche highlighted a significant grant awarded to the animal shelter in the amount of $100,000 from the Davis Koret Shelter Medicine Program.
TJ, with Hayward Concerned Citizens, echoed Council Member Roche's praise for the grants to Animal Services and expressed support for Measure K -1, hoping it will help secure a larger space for the animal services through the planned public safety building.
12. 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 24-529 Staff report submitted by Public Works Director Ameri, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
8 |O c t o b e r 15 , 2 0 2 4
Resolution 24-210, “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”
13. 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 24-530
Staff report submitted by the Police Chief Matthews, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-211, “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”
14. Adopt a Resolution Accepting the Resignation of Denise Thompson from the Personnel Commission, Effective Immediately CONS 24-531
Staff report submitted by City Clerk Lens , dated October 15, 2024, was filed.
Council Member Syrop acknowledged Commissioner Thompson for her service on the Personnel Commission.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24 -212, “ Resolution Accepting the Resignation of Denise Thompson from the Personnel Commission”
15. 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 24-538
Staff report submitted by Public Works Director Ameri, dated October 15, 2024, was filed.
Alejandro Jasso expressed support for funding the Downtown Bike Loop project; thanked the Council for the new protected bike lanes on Tennyson and Panama streets; and announced a celebratory bike ride on October 27, 2024.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-213, “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”
Resolution 24-214, “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”
10 |O c t o b e r 15 , 2 0 2 4
Resolution 24-215, “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”
16. 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 24-542
Staff report submitted by Human Resources Director Frye, dated October 15, 2024, was filed.
It was moved by Council Member Zermeño, seconded by Council Member Syrop, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-216, “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”
WORK SESSION
17. 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 WS 24-031
Staff report submitted by Development Services Director Buizer, dated October 15, 2024, was filed.
Associate Planner Richard provided a synopsis of the staff report.
Mayor Salinas opened the public comment section at 7:42 p.m.
TJ, with Hayward Concerned Citizens, encouraged all to review the October 10, 2024, Planning Commission meeting ; raised questions about the lack of public stakeholder meetings ; expressed concerns over zoning changes impacting neighborhoods; highlighted the urgency
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
imposed by state deadlines; voiced concerns about the financial implications of converting motels into single-room occupancy units (SROs) and the lack of bathroom facilities at proposed safe parking sites; and added there was an omission to reference 16 on page 4.
Suzanne Luther, with Hayward Concerned Citizens, asked if the City would be building and funding the new housing facilities ; expressed concern about the state's mandate for high - density and low -income housing; noted that increasing high -density, low-income housing would negatively impact the City; and urged the Council to consider alternative solutions in the best interest of residents and taxpayers.
Alejandro Jasso suggested removing the parking space requirement for SRO units near transit/BART to lower building costs and make housing more affordable; recommended including bike parking requirements to support low -income residents; and noted that increased density makes the City more efficient and sustainable.
Peggy Guernsey did not speak.
Mayor Salinas closed the public comment section at 7:50 p.m.
Members of the City Council thanked City staff for all the work related to t he proposed amendments.
Discussion ensued among members of the City Council and City staff and the following clarifications were made: SROs are planned primarily for high -density residential areas because they function similarly to high -density apartment buildings and are more cost - effective to develop due to shared facilities; SRO developments are targeted for locations near services and transit; proposed regulations are designed to accommodate various populations, not just the unhoused; under AB 2097, parking cannot be required for developments within a half -mile of major transit stops ; the City is not responsible for building SRO units; except for licensed group homes and shelters , the proposed uses would require administrative use permits, which are revocable if nuisances arise, or conditions are not met; community members receive notifications related to group home applications; while there is not specific data on how other municipalities have handled hotel -to-SRO conversions, some hotels in Hayward may be interested in this option; safe parking sites would allow trailers, RVs, and other vehicles, but they would not have RV hookups or drainage; hotels (old or unable to undergo facility updates) can be partially converted into SROs, allowing some units to remain as hotel rooms, which would continue generating Transient Occupancy Tax (TOT) revenue; the safe parking requirement for vehicles to be parked on paved parking (instead of dirt) is to prevent groundwater contamination and comply with water pollution control regulations ; each safe parking site would require a management plan including a tailored security plan and various measures such as security guards, cameras, fencing, or lighting; the City would work with local police and fire departments to determine appropriate security on a case -by-case basis; and the City is 12 |O c t o b e r 15 , 2 0 2 4
planning to host educational sessions for service providers and nonprofits who may not be familiar with the development process.
Council Member Syrop expressed support for the City's recommendations on addressing homelessness and the housing crisis, emphasizing the need for high -density development such as SRO units to help people off the streets and improve public safety; raised questions about expanding SRO developments to medium or low -density areas and suggested exploring other districts for potential development; emphasized that SROs could also serve as affordable housing for low-income workers; and supported the idea of converting vacant hotels into SROs, noting the potential cost savings for the City by reducing the need for emergency services related to homelessness.
Council Member Roche emphasized that the City is only considering zoning changes, not proposing to build any facilities themselves; clarified that emergency shelters would still need to go through the permitting process; expressed support for creating more opportunities for shelters, SROs, and group housing to address homelessness and improve public safety ; supported keeping SRO zoning in high -density areas ; and spoke positively about safe parking sites based on her visits to similar programs.
Council Member Zermeño expressed support for the proposed zoning amendments and recommendations related to supportive housing programs; and encouraged continued outreach to unhoused individuals who are resistant to services and continue to cause problems in the community.
Council Member Andrews sought clarification on the potential financial impact of converting hotels to SROs, particularly regarding the Transient Occupancy Tax (TOT) ; recommended a robust engagement regarding zoning changes; asked staff to provide an update at the next meeting about the concerns raised at the Planning Commission meeting related to the Depot Road project and to require the service provider, Abode Services, to attend the next meeting; asked staff to provide an update on the downtown area action plan; noted that further engagement with county representatives was needed prior to adopting zone changes; requested enhanced outreach efforts related to safe parking sites ; and suggested including amenities in SROs and shelters to benefit both residents and the surrounding community.
Council Member Goldstein recommended staff discuss with community partners the potential use of "pump -out services" for RVS to address safety and sanitation issues; and advocated for promoting bike parking; and supported the extended parking hours (5:00 p.m. to 10:00 a.m.), which aligns with community service providers' feedback.
Council Member Bonilla Jr. expressed support for the proposed zoning changes to address housing and homelessness ; appreciated the regional coordination to address issues; supported the inclusion of SROs and their placement in high-density areas for their access to transportation and services; raised concerns about potential barriers, such as the requirement for permanent restrooms at safe parking sites, suggesting that non-permanent
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
options might suffice ; supported having the change s approved through administrative use permits to expedite the process ; and emphasized the need for shared accountability and collaboration in a non-punitive manner to ensure the long-term success of these initiatives.
Mayor Salinas emphasized the City's focus on zoning changes to create tools and strategies for addressing housing for vulnerable and low-income residents, along with the inclusion of supportive services; underscored the importance of maintaining high standards throughout the process, such as requiring paved parking lots and proper waste management; mentioned the need for coordination with other cities in Alameda County to tackle regional issues ; raised concerns about administrative permit approvals, cautioning that if standards are not met, it may be difficult to revoke permits when people are already living in these spaces; and urged careful monitoring to prevent such situations.
Associate Planner Richard indicated that staff would return to the Council at the beginning of next year with final regulations for adoption.
PUBLIC HEARING
18. 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 24-045
Staff report submitted by Public Works Director Ameri , dated October 15, 2024, was filed.
Public Works Director Ameri announced the item and introduced Environment Services Manager Pearson who provided a synopsis of the staff report and introduced Andy McElroy, Ava Community Energy consultant.
Council Member Roche was acknowledged for her service as a liaison on Ava Community Energy.
Discussion ensued among members of the City Council, City staff, and Consultant McElroy, and the following clarifications were made: Berkeley, Emeryville, Fremont, San Leandro, Oakland, Livermore, and Pleasanton are at the same phase as Hayward in the project; resiliency hubs aim to reduce reliance on diesel generators, particularly in urban areas where additional emissions are undesirable, by using cleaner battery-based backup systems; increasing battery-based resilience can reduce the frequency of public safety power shutoffs and benefit communities by taking the load off the grid during emergencies; the hubs are designed to be safe spaces for the community during heat waves or power outages, providing places to cool off, charge devices, and stay safe; there would be no upfront cost to the City for 14 |O c t o b e r 15 , 2 0 2 4
the installation of resiliency hubs, with the cost being covered by electricity payments; projected savings over the 25 -year Power Purchase Agreement (PPA) would be between $500,000 and $800,000; while expanding beyond the initial four sites is a goal, the City has already installed solar in many locations, limiting the opportunities for further installations; Ava will be launching a battery incentive program to help offset installation costs, especially for resilience hubs, and Ava is working with developers to explore possibilities; Ava is working on defining clear criteria for what qualifies as a resilience hub ; and Green Bridge is responsible for all operations and maintenance over the 25 -year contract, and if Green Bridge or any partner becomes illiquid, Ava will still be responsible for fulfilling the terms of Hayward’s contract.
Members of the Council were interested in seeing the nexus between resilience hubs in the City’s Disaster and Emergency Plan and for Ava to consider partnerships with Chabot College, Cal State East Bay University, Southland Mall and other cities to launch additional phases after the current project is completed.
There being no public speakers, Mayor Salinas opened and closed the public comment section at 9:04 p.m.
Council Member Roche made a motion to move the item and Council Member Andrews seconded the motion.
Council Sustainability Committee, Council Member Roche and City staff were acknowledged for their involvement with the PPA and appreciated the resilience and cost-effective benefits of the program.
It was moved by Council Member Roche, seconded by Council Member Andrews, and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 24-217, “Resolution Authorizing the City Manager to Negotiate and Execute a Power Purchase Agreement with Ava Community Energy for the Deployment of Solar and Battery Energy Systems at Critical Municipal Facilities”
CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
Council Chambers and Zoom
https://hayward.zoom.us/j/83639328548?pwd=ZUdDZE5lM2R1dHNFbVJoVXJBckdmQT09 Tuesday, October 15, 2024, 7:00 p.m.
LEGISLATIVE BUSINESS
19. City's Procurement Policies: Adopt a Resolution Approving Updates to the City of Hayward Procurement Policy (Report from Finance Director Gonzales) LB 24-022 Staff report submitted by Finance Director Gonzales, dated October 15, 2024, was filed.
Mayor Salinas, without any objection from the City Council, waived staff’s oral presentation on the City’s procurement policies.
In response to Council Member Andrews’ inquiry about the threshold for services and construction projects, Finance Director Gonzales indicated the current threshold for supplies and services is $7,500 and staff were recommending increasing it to $25,000 to align with neighboring jurisdictions, and the threshold for construction projects was governed by the Public Contractor Code.
There being no public comment, Mayor Salinas opened and closed public comment at 9:08 p.m.
Council Member Syrop made a motion to move the item and Council Member Bonilla Jr. seconded the motion.
Council Member Syrop thanked his colleagues, Mayor Salinas and Council Member Bonilla Jr. for their work along with him on the Council Budget and Finance Committee; highlighted the significant policy update was raising the threshold for expenditures requiring Council review and approval; and explained the change aims to streamline staff actions so that only the top 3% of purchase order requests, typically the larger, more critical ones, come before the Council for review.
Council Member Bonilla Jr. indicated the proposed changes are consistent with surrounding municipalities and the item was vetted through the Council Budgeted and Finance Committee.
It was moved by Council Member Syrop, seconded by Council Member Bonilla Jr., and carried unanimously, to approve the resolution.
AYES: COUNCIL MEMBERS Andrews, Bonilla Jr., Goldstein, Roche, Syrop, Zermeño
MAYOR Salinas
NOES: None
ABSENT: None
ABSTAIN: None
16 |O c t o b e r 15 , 2 0 2 4
Resolution 24-218, “Resolution of the City Council of the City of Hayward Updating the City's Procurement Policies that Includes Increasing the Approval Threshold for the City Manager to Execute Contracts; Modifying Bid Threshold Requirements; and Updating the City's Local Preference Policy”
COUNCIL REPORTS AND ANNOUNCEMENTS
Council Member Andrews made two announcements: 1) the Keep Hayward Clean and Green cleanup event at Palma Ceia Park on October 19, 2024, and 2) the "Zombie Con" event at the Hayward Downtown Library on October 26, 2024, with proceeds benefiting the Hayward Animal Shelter.
Council Member Roche announced Hayward Public Library ’s Annual Trunk or Treat and Hayward Promise Neighborhoods' Promise Fest on October 26, 2024, at the Heritage Plaza and Downtown Hayward, featuring over 60 organizations and activities for children.
Council Member Syrop announced the final South Hayward Market of the year on October 27, 2024, which will include distribution of free produce and a bike ride launching from the market to new city infrastructure sites.
Mayor Salinas announced that members of the Council were attending the League of California Cities Annual Conference in Long Beach, where sessions will provide city leaders with knowledge and resources; acknowledged the Hayward Chamber of Commerce CEO Lopez for the successful Mariachi Festival on October 11, 2024, at City Hall ; and urged everyone to make informed decisions and vote, and visit the City Clerk’s Election webpage for information.
COUNCIL REFERRALS
There were none.
ADJOURNMENT
Mayor Salinas adjourned the meeting at 9:18 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 24-557
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Section 5.13 C - Retiree Medical Trust between the City of Hayward (“City”) and the Hayward Fire Chief’s Association (HFCA), to Amend Employee Contributions
RECOMMENDATION
That the Council adopts the resolution (Attachment II) for the side letter of agreement amending the HFCA MOU, Section 5.13 C - Retiree Medical Trust provision between the City and HFCA, to set the employee contribution amount for HCFA employees at one percent (1%) of Step E Fire Captain to align with International Association of Firefighters (IAFF) - Local 1909 and Hayward Fire Officers Association (HFOA).
SUMMARY
The City negotiated with IAFF and HFOA and established a MOU effective July 1, 2024, through June 30, 2029, regarding the Medical Expense Reimbursement Plan (MERP). The IAFF and HFOA MERP mandatory employee contribution rate was set at one percent (1%) of the monthly base pay of Step E Deputy Fire Chief [fifty-six (56) hours], plus an additional contribution based on years of service. This contractual agreement has created an unintentional impact for HFCA employees. As such, HFCA mandatory employee contribution rate was set higher than the IAFF and HFOA whose contributions are based on one percent (1%) of Step E Fire Captain which is not allowable per Internal Revenue Service (IRS) non-discrimination rules for Highly Compensated Employees.
As a result, the City and the HFCA have met and conferred on the matter and entered into this Side Letter of Agreement to amend MOU language with respect to the MERP to ensure compliance with IRS guidelines. This side letter will set the employee contribution rate for HCFA employees at one percent (1%) of Step E Fire Captain to align with the other two bargaining units participating in the MERP.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:CONS 24-557
Attachment II Resolution
Attachment III Side Letter of Agreement
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
powered by Legistar™
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Section 5.13 C - Retiree Medical Trust between the City of Hayward (“City”) and the Hayward Fire Chief’s Association (HFCA), to Amend Employee Contributions
RECOMMENDATION
That the Council adopts the resolution (Attachment II) for the side letter of agreement amending the HFCA MOU, Section 5.13 C - Retiree Medical Trust provision between the City and HFCA, to set the employee contribution amount for HCFA employees at one percent (1%) of Step E Fire Captain to align with International Association of Firefighters (IAFF) - Local 1909 and Hayward Fire Officers Association (HFOA).
BACKGROUND AND SUMMARY
The City negotiated with IAFF, HFOA, and HFCA to establish MOUs which included the Medical Expense Reimbursement Plan (MERP). The HFCA MERP mandatory employee contribution rate was set at one percent (1%) of the monthly base pay of Step E Deputy Fire Chief [fifty-six (56) hours], plus an additional contribution based on years of service. This contractual agreement has created an unintentional impact for HFCA employees, as the HFCA mandatory employee contribution rate was set higher than the IAFF and HFOA whose contributions are based on one percent (1%) of Step E Fire Captain. These conflicting contribution rates are not allowable per Internal Revenue Service (IRS) non-discrimination rules for Highly Compensated Employees.
As a result, the City and the HFCA have met and conferred on the matter and entered into this Side Letter of Agreement to amend MOU language with respect to the MERP to ensure compliance with IRS guidelines. This side letter will set the employee contribution rate for HCFA employees at one percent (1%) of Step E Fire Captain to align with the other two bargaining units participating in the MERP.
DISCUSSION
The City and the Union have met and discussed in good faith and agree to amend Article 5.13 C - Retiree Medical Trust for the duration of the term for the period of July1, 2024, through June 30, 2029.
Effective July 1, 2024, Article 5.13 C – Retiree Medical Trust shall be amended as set forth to align the employee contribution amount to one percent (1%) of the monthly base pay of Step E Fire Captain (fifty-six (56) hours) per month, plus an additional contribution based on years of service in accordance with Table C-1 (Attachment I) on a pre-tax basis. This amendment meets the standard of compliance per IRS guidelines. Moreover, the City and Union mutually agree to this Side Letter of Agreement and that it will be incorporated by reference to the current MOU and run with succeeding MOUs, unless incorporated into the body of future agreements.
This agreement shall be effective immediately upon City Council approval and shall remain in effect for the duration of the current MOU contract dates (July 1, 2024 through June 30, 2029), and until otherwise specified by the parties.
FISCAL IMPACT
The proposed changes will have no fiscal impact for the term of the contract (FY 2024-2029).
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
NEXT STEPS
Human Resources staff will work with Finance to update the existing employee contribution rate in the MUNIS system.
Prepared by: July Cole, Human Resources Manager
Recommended by: Brittney Frye, Director of Human Resources
Approved by:
___________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU), SECTION 5. 13 C RETIREE MEDICAL TRUST BETWEEN THE CITY OF HAYWARD AND THE HAYWARD FIRE CHIEFS’
ASSOCIATION (HFCA), TO SET THE RETIREE MEDICAL TRUST EMPLOYEE
CONTRIBUTION AMOUNT
WHEREAS, the current MOU, Section 5.13 C – Retiree Medical Trust between the City of Hayward and the HFCA, incorrectly reflects the monthly existing retiree medical trust contribution amount; and
WHEREAS, the proposed change will correctly align the Retiree Medical Trust employee contribution amount to one percent (1%) of the monthly base pay of Step E Fire Captain (fifty-six (56) hours) per month, plus an additional contribution based on years of service in accordance with Table C-1 (Attachment I) on a pre-tax basis from the pay of every employee in the Defined Class and shall transmit such contributions to the Trust pursuant to the requirements of 5.13-(G).
WHEREAS, no employee in the Defined Class shall be permitted to opt -out of the mandatory contributions or receive any portion of the contribution in cash.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the correction to the MOU, Section 5.13 C Retiree Medical Trust provision for the period of July 1, 2024, through June 30, 202 9, and authorizes staff to execute said agreement s, a copy of which will be on file in the Office of the City Clerk.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:________________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
Attachment III
10/7/24
Attachment III
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-558
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Article 12.03 Longevity Pay between the City of Hayward (“City”) and the Hayward Fire Chiefs Association (HFCA), to Amend the Effective Date for All Eligible Members
RECOMMENDATION
That City Council adopts the resolution (“Attachment II”) for the side letter of agreement amending HFCA MOU, Article 12.03 Longevity Pay provision between the City and HFCA, to correct the retroactive effective date to June 25, 2018, for all eligible members.
SUMMARY
Continuing Service Pay was added to Local 1909 Fire and Fire Officers MOU effective July 1, 2018.
However, this provision was inadvertently missed in subsequent contract agreements between the City and HFCA. The City and HFCA agree that this omission was unintentional. To correct this omission, Section 12.03 Longevity Pay was added to HFCA MOU effective July 1, 2024, through June 30, 2029. This side-letter amends section 12.03 to be retroactive to June 25, 2018 (the pay period that includes July 1, 2018).
As a result, the City and the HFCA have met and conferred on the matter and entered into this Side Letter of Agreement to clarify MOU language with respect to the Longevity Pay provision to ensure continuity with agreements entered into with Local 1909 Fire and Fire Officers.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter of Agreement
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:CONS 24-558
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memoranda of Understanding (MOU), Article 12.03 Longevity Pay between the City of Hayward (“City”) and the Hayward Fire Chiefs Association (HFCA), to Amend the Effective Date for All Eligible Members
RECOMMENDATION
That City Council adopts the resolution (“Attachment II”) for the side letter of agreement amending HFCA MOU, Article 12.03 Longevity Pay provision between the City and HFCA, to correct the retroactive effective date to June 25, 2018, for all eligible members.
BACKGROUND AND SUMMARY
Continuing Service Pay was added to International Association of Firefighters (IAFF), Local 1909 and Hayward Fire Officers Association (HFCA) MOUs effective July 1, 2018. However, this provision was inadvertently missed in subsequent contract agreements between the City and HFCA, although employees in HFCA were receiving payment for this benefit. The City and HFCA agree that this omission was unintentional. To correct this omission, Section 12.03 Longevity Pay was added to HFCA MOU effective July 1, 2024, through June 30, 2029. This side-letter amends section 12.03 to be retroactive to June 25, 2018 (the pay period that includes July 1, 2018).
As a result, the City and the HFCA have met and conferred on the matter and entered into this Side Letter of Agreement to clarify MOU language with respect to the Longevity Pay provision to ensure continuity with agreements entered into with IAFF and HFOA.
DISCUSSION
The City and the Union have met and discussed in good faith and agree to amend the language in Article 12.03 Longevity Pay to be retroactive to June 25, 2018, effective June 25, 2018, Article 12.03 Longevity Pay shall be amended to state:
Effective June 25, 2018, members of the Association who complete twenty (20) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the twentieth (20th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and including the member’s thirtieth (30th)
anniversary for a total longevity pay not to exceed twelve percent (12%). Effective June 25, 2018 (the pay period which includes July 1, 2018.)
Effective July 1, 2024, Members of the Association who complete fifteen (15) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the fifteenth (15th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and including the member’s twenty-fifth (25th) anniversary for a total longevity pay not to exceed twelve percent (12%).
This agreement shall be effective immediately upon City Council approval and shall remain in effect for the duration of the current MOU contract dates (July 1, 2024, through June 30, 2029), and until otherwise specified by the parties.
FISCAL IMPACT
While the action will amend the contract lan guage that was inadvertently missed in subsequent contract agreements between the City and HFCA, employees in HFCA were receiving payment for this benefit. As a result, there are no fiscal impacts associated with this change.
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
NEXT STEPS
Human Resources staff will work with Payroll to ensure all eligible employees receive this benefit.
Prepared by: July Cole, Human Resources Manager
Recommended by: Brittney Frye, Director of Human Resources
Approved by:
___________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member __________________
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU), SECTION 12.03 LONGEVITY PAY BETWEEN THE CITY OF HAYWARD AND THE HAYWARD FIRE CHIEFS’ ASSOCIATION (HFCA), TO CORRECTLY REFLECT THE LONGEVITY PAY PROVISION FOR
HFCA MEMBERS
WHEREAS, the current MOU, Section 12.03 Longevity Pay provision between the City of Hayward and the HFCA, was excluded unintentionally; and
WHEREAS, the proposed change will correctly reflect effective June 25, 2018, members of the Association who complete twenty (20) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the twentieth (20th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and including the member’s thirtieth (30th) anniversary for a total longevity pay not to exceed twelve percent (12%). Effective June 25, 2018 (the pay period which includes July 1, 2018).
WHEREAS, effective July 1, 2024, members of the Association who complete fifteen (15) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the fifteenth (15th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and including the member’s twenty-fifth (25th) anniversary for a total longevity pay not to exceed twelve percent (12%).
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby a pproves the correction to the MOU, Section 12.03 Longevity Pay provision for the period effective June 25, 2018, through June 30, 2029, and authorizes staff to execute said agreement s, a copy of which will be on file in the Office of the City Clerk.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
LONGEVITY PAY ADDITION
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF HAYWARD
AND
HAYWARD FIRE ASSOCIATION
This side letter of agreement is entered into by and between the City of City and the collectively referred to as the Parties,
regarding the following:
The Continuing Service Pay provision was added to the Local 1909 Fire and Fire Officers agreement effective July 1, 2018, but it was not added for the Hayward Fire Chiefs Association at that time. The City and HFCA agree that the exclusion of this provision from the HFCA agreement in place at that time was unintentional. In the HFCA Memorandum of Understanding effective July 1, 2024, through June 30, 2029, Section
12.03 Longevity Pay (below) was added to correct it. This side-letter amends the section to be retroactive to the pay June 25, 2018 (the pay period which includes July 1, 2018.)
12.03 Longevity Pay
Effective June 25, 2018, members of the Association who complete twenty (20) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the twentieth (20th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and th) anniversary for a total longevity pay not to
exceed twelve percent (12%). Effective June 25, 2018 (the pay period which includes July 1, 2018).
Effective July 1, 2024, Members of the Association who complete fifteen (15) years of service as an employee of the City shall receive a two percent (2%) longevity pay premium on the fifteenth (15th) anniversary, and an additional one percent (1%) longevity pay premium on each succeeding anniversary up to and -fifth (25th) anniversary for a total longevity pay not to exceed twelve percent (12%).
For : For City of Hayward:
Attachment III
2 CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-561
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute a Funding Agreement with AC Transit to Help Fund Bus Shelter Maintenance
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a funding agreement with AC Transit to help fund bus shelter maintenance.
SUMMARY
As AC Transit is transitioning to a new fiscal model with separate entities to provide maintenance, advertising, and capital services for their bus shelters, the District has reached out to cities in Alameda and Contra Costa Counties for help funding maintenance of bus shelters across the district, including the 63 existing shelters in Hayward. The City’s maximum annual share of the cost for the shelter maintenance will be $39,361 and the contract term is five years, including two guaranteed years (April 1, 2023 to March 31, 2025) and three (3) one-year extension options. Staff recommends adopting a resolution authorizing the City Manager to execute a funding agreement with AC Transit to help fund shelter maintenance.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Funding Agreement with AC Transit to Help Fund Bus Shelter Maintenance
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a funding agreement with AC Transit to help fund bus shelter maintenance.
SUMMARY
As AC Transit is transitioning to a new fiscal model with separate entities to provide maintenance, advertising, and capital services for their bus shelters, the District has reached out to cities in Alameda and Contra Costa Counties for help funding maintenance of bus shelters across the district, including the 63 existing shelters in Hayward. The City’s maximum annual share of the cost for the shelter maintenance will be $39,361 and the contract term is five years, including two guaranteed years (April 1, 2023 to March 31, 2025) and three (3) one-year extension options. Staff recommends adopting a resolution authorizing the City Manager to execute a funding agreement with AC Transit to help fund shelter maintenance.
BACKGROUND
AC Transit previously had a transit shelter agreement with Clear Channel Outdoor Advertising (CCO), which ended on March 31, 2023. Under this contract, CCO provided maintenance and capital work in exchange for advertising revenue from AC Transit’s bus shelters. Historically, advertising revenue was sufficient to cover shelter maintenance.
However, the revenue from transit shelter advertising has decreased due to a shift to online marketing while the infrastructure maintenance cost has increased in recent years. After the agreement with CCO ended, AC Transit shifted to a new model for shelter maintenance with separate contracts for maintenance, advertising, and capital services in recognition of the changed economic model.
On February 22, 2023, AC Transit’s Board of Directors approved five-year contract with Intersection Media for shelter advertising and with Graffiti Protective Coatings, Inc for shelter maintenance. After the contract was awarded, Intersection Media, LLC requested to renegotiate the terms of their proposal and the solicitation was subsequently canceled. On February 1, 2024, a second RFP for Transit Shelter advertising services was issued, and the AC Transit Board of Directors approved the five-year shelter advertising contract award with Lamar Transit, LLC, on April 24, 2024. This contract includes fixed and variable payments to AC Transit that vary based on the actual advertising revenue received. The total revenue anticipated is significantly below the levels of the prior CCO contract. AC Transit is still seeking funding for a contractor for more intensive capital work such as removing or installing shelters.
In Hayward, there are a total of 363 bus stops, including 63 stops with shelters and/or kiosks. These shelters are maintained under the contract with Graffiti Protective Coatings, Inc. As with other jurisdictions, AC Transit has requested support from cities to maintain shelters throughout the district.
DISCUSSION
The Memorandum of Understanding for shelter maintenance proposed by AC Transit will cover the term from April 1, 2023 to March 31, 2028, including the three (3) one-year extension options. The maintenance services to be provided under the MOU are summarized below:
Scheduled Maintenance and Repair:
Pressure washing once a month;
Routine cleaning twice a week;
Inspection of lighting and Real-Time signage and reporting deficiencies within twenty-four (24) hours of discovery; and
Replacement of maps and public information within ten (1) calendar days of being notified by the District
Unscheduled Maintenance and Repair (as-needed basis):
Additional pressure washing;
Additional cleaning and graffiti abatement;
Repainting and minor repairs; and
Cleanup of refuse remaining after departure of unhoused persons.
The annual cost for the City will not exceed $39,361 and will be invoiced once a year. AC Transit has similar agreements with other jurisdictions in the transit district and all use the same formula to estimate the City share, which is a function of the number of shelters needing maintenance and the number that provide advertising revenue. The table on the next page provides information for the overall district and the City on these metrics. The minimum annual guarantee was based on the initially awarded but canceled advertising contract. The awarded contract with Lamar Transit, LLC, is not guaranteed to produce the
same amount of revenue, but AC Transit is using the initial estimates to be consistent with agreements signed by other jurisdictions.
Jurisdiction
Total Shelters
/Kiosks
(%)
Ad Shelters
/Kiosks
(%)
Annual
Maintenance
Cost (AMC)
(Scheduled +
Unscheduled)
Advertising
Minimum Annual
Guarantee (MAG)
Annual
Maintenance Cost
per Jurisdiction
(AMC-MAG)
AC Transit 276 (100%) 235 (100%) $851,020.00 $700,000.00 $151,020 Hayward 63 (22.83%) 52 (21.13%) $194,254.57 $154,893.62 $39,360.95
During meetings with the AC Transit Interagency Liaison Committee, Council members indicated a willingness to provide additional funding from the City in exchange for enhanced bus shelter maintenance. However, the contract that AC Transit has for bus shelter maintenance has a fixed cost, and staff recommend proceeding with an amount that is consistent with what other jurisdictions are contributing. The District’s bus shelter maintenance contract does include provisions for non-routine maintenance, which is deployed in part based on feedback received through AC Transit’s customer service requests.
ECONOMIC IMPACT
The funding agreement will help AC Transit to continue maintaining the transit shelters in the City and to provide a more dignified bus stop waiting experience. This will enhance comfort and access to transit stops, potentially leading to increased transit ridership.
FISCAL IMPACT
The City will fund $39,361 each year and a total of $196,805 over the five-year contract term to help AC Transit maintain transit shelters in the City. The first payment will be made in the current fiscal year and will be drawn from Fund 215 – Measure B, Local Transportation. Funding for future years will be added to the City’s Capital Improvement Program from Funds 212 – Measure BB, Local Transportation and 215 – Measure B, Local Transportation in the upcoming budget cycle. There will be no impact to the General Fund related to this project.
STRATEGIC ROADMAP
This item supports Council’s Strategic Priority of Invest in Infrastructure. This item specifically relates to the following subcategory:
N7 - Invest in Multi-Modal Transportation: Work with AC Transit to beautify bus shelters and construct more seating at bus stops to improve the ridership experience.
SUSTAINABILITY FEATURES
There is no sustainability features associated with this action.
PUBLIC CONTACT
There is no public contact associated with this action.
NEXT STEPS
If Council approves this request, the City Manager will execute a funding agreement with AC Transit for two years with three (3) one-year options to extend in an amount not to exceed $39,361 annually.
Prepared by: Jade Kim, Assistant Transportation Engineer Hugh Louch, Deputy Director of Public Works - Transportation
Recommended by: Alex Ameri, Director of Public Works
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
AUTHORIZING THE CITY MANAGER TO EXECU TE A FUNDING
AGREEMENT WITH AC TRANSIT TO HELP FUND SHELTER
MAINTENANCE IN AN AMOUNT NOT TO EXCEED $39,361 ANNUALLY
OVER THE FIVE-YEAR CONTRACT TERM
WHEREAS, AC Transit is transitioning to a new fiscal model to separate contracts for shelter maintenance, advertising, and capital work and reached out to the City for help with maintenance funding for 63 transit shelters in the City; and
WHEREAS, AC Transit provides scheduled and unscheduled maintenance repairs for the 63 transit shelters in the City; and
WHEREAS, due to declining advertising revenue at bus shelters and increased maintenance costs, AC Transit has requested financial support from jurisdictions within the AC Transit District for ongoing maintenance of shelters; and
WHEREAS, the maximum annual cost for the City is $39,361 , which is the remaining maintenance cost after accounting for advertising revenue from the transit shelters in the City; and
WHEREAS, the contract term will be five (5) years, including a guaranteed portion from April 1, 2023 to March 31, 2025 and three (3) one-year options to extend.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is authorized to execute a funding agreement with AC Transit in an amount not to exceed $39,361 annually for up to a five-year contract term 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 24-562
DATE: November 19, 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 Fehr & Peers in a Not-to-Exceed Amount of $210,000, for the Speed Management Plan, Project No. 06943
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Fehr & Peers in the amount of $210,000 for the Speed Management Plan, Project No. 06943.
SUMMARY
On July 7, 2023, Staff applied to the U.S. Department of Transportation Safe Streets for All (SS4A) grant program to develop a Speed Management Plan and a High Injury Network Safety Plan, to help advance implementation of the City’s Local Road Safety Plan. On October 27, 2023, the City was awarded $3,252,000 in funding for these two projects, including $187,000 for the Speed Management Plan, which Council accepted on February 6, 2024 and allocated $813,000 in City matching funds to complete the two projects. On August 14, 2024, Staff published a request for proposal for the Speed Management Plan and received four proposals. The staff review panel ranked the Fehr & Peers proposal the highest and recommend awarding a contract for $210,000 to Fehr & Peers to prepare the Speed Management Plan.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
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DATE: November 19, 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 Fehr & Peers in the Amount Not-to-Exceed $210,000 for the Speed Management Plan, Project No. 06943
RECOMMENDATION
That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Fehr & Peers in the amount of $210,000 for the Speed Management Plan, Project No. 06943.
SUMMARY
On July 7, 2023, Staff applied to the U.S. Department of Transportation Safe Streets for All (SS4A) grant program to develop a Speed Management Plan and a High Injury Network Safety Plan, to help advance implementation of the City’s Local Road Safety Plan. On October 27, 2023, the City was awarded $3,252,000 in funding for these two projects, including $187,000 for the Speed Management Plan, which Council accepted on February 6, 2024 and allocated $813,000 in City matching funds to complete the two projects. On August 14, 2024, Staff published a request for proposal for the Speed Management Plan and received four proposals. The staff review panel ranked the Fehr & Peers proposal the highest and recommend awarding a contract for $210,000 to Fehr & Peers to prepare the Speed Management Plan.
BACKGROUND
Launched in 2022, the purpose of the SS4A grant program is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety action plan development and refinement and implementation focused on all users. The program provides funding to develop the tools to help strengthen a community’s approach to roadway safety and save lives while meeting the needs of diverse local, Tribal, and regional communities.
Council adopted the Local Road Safety Plan (LRSP) on June 27, 20231, which assesses and identifies locations and strategies to improve road safety throughout the City. Along with identifying the City’s High Injury Network, the LRSP recommends a set of strategies and countermeasures to address and prevent severe injury and fatal collisions. Council also committed to Vision Zero by 2050, a goal of eliminate fatalities and severe injuries on the City’s roadways.
Action Item 2 of the LRSP recommends the near-term action of pursuing SS4A grant funding. Recognizing the effort needed to achieve Vision Zero by 2050, the City applied for supplemental planning funds from SS4A to develop a comprehensive approach to reduce speeds (Speed Management Plan) and conduct a set of corridor-specific safety plans focused on the City’s high injury network. The Speed Management Plan will help address the LRSP focus area of unsafe speeding and aggressive driving, addressing the significant role that vehicle speed plays in generating serious injuries and fatalities.
On October 27, 2023, the City was awarded the full amount of the $3,252,000 requested in its application to the SS4A grant program. On February 6, 20242, Council adopted a resolution accepting the funding and allocating $813,000 in City matching funds.
DISCUSSION
Staff released an RFP for the Speed Management Plan on August 14, 2024, and received proposals from four firms: DKS, Fehr & Peers, Hexagon Transportation Consultants, Inc., and Parametrix. The staff evaluation team reviewed and scored the proposals on project management, project understanding, approach, qualification of firm and team, and appropriateness of cost. The two top-ranked firms had similar average ratings and staff invited both firms in for interviews. After conducting those interviews, the staff evaluation team reviewed and finalized their scores, with Fehr & Peers receiving the highest ranking of all firms. The table below provides the average score for each of the firms.
Firm Average Score
Fehr & Peers 83.00
Parametrix 81.33
DKS 73.67
Hexagon Transportation Consultants, Inc. 66.77
Fehr & Peers provides several advantages to the City, including significant experience working at Federal, State, and local levels to develop and implement best practices in speed management; substantial work within Alameda County to develop advanced safety data analysis; and staff with direct experience conducting outreach and engagement on transportation safety issues in the City of Hayward.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6271751&GUID=D83F21F7-16CB-46E5-A249-672EAD37C991&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6504747&GUID=E1C46D84-F953-4AAA-BB3F-E51DB7873759&Options=&Search=
The execution of this contract will allow the City to proceed with the development of the Speed Management Plan. The anticipated completion of the plan is June 2026.
ECONOMIC IMPACT
The Speed Management Plan will develop strategies to reduce vehicle speeds in the City, which will help reduce the likelihood of serious injuries and fatalities. Vehicle crashes have a significant economic cost, both to those directly impacted and to other users of the transportation system. By helping to avoid these impacts, the Speed Management Plan will have a significant economic benefit for Hayward residents and visitors.
FISCAL IMPACT
There is sufficient funding in the Speed Management Plan project. Council approved and appropriated $235,000 in project funding in the Transportation System Improvement (Fund 460), which includes $187,000 in grant funding from from the USDOT SS4A program.
Fehr & Peers submitted a cost of $175,435 to develop the Plan. Staff recommend including a 20% contingency in the contract to allow for potential additional data collection and outreach and educational activities to support the development of the Plan. Staff recommends authorizing an agreement with Fehr & Peers for an not-to-exceed amount of $210,000. Any funding not expended for the Speed Management Plan will be incorporated into the High Injury Network Corridor Plan, Project No. 06942, that is also funded by the SS4A grant.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority to Enhance Community Safety & Quality of Life and the Strategic Priority to Invest in Infrastructure. This item is not specifically related to a project identified in the Strategic Roadmap. Staff is bringing forward this new item to advance implementation of the Council adopted Local Road Safety Plan.
SUSTAINABILITY FEATURES
The Speed Management Plan will help the City implement strategies to reduce vehicle speeds in the City which will reduce the incidence and severity of vehicle crashes.
PUBLIC CONTACT
The Local Road Safety Plan included community engagement, including Council review and acceptance of the strategy to reduce speeds as a core strategy to improve roadway safety in Hayward. The Speed Management Plan will include coordination with internal and external stakeholders and work session and ultimate Council consideration of the plan’s approval.
NEXT STEPS
If Council approves this request, the City Manager will execute a professional service agreement with Fehr & Peers for the Speed Management Plan in a not-to-exceed amount of $210,000.
Prepared by: 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 FEHR & PEERS FOR CONSULTING SERVICES FOR THE SPEED MANAGEMENT PLAN , PROJECT NO. 06943 IN AN AMOUNT NOT-TO-EXCEED $210,000
WHEREAS, professional service assistance is needed for the Speed Management Plan, Project No. 06943; and
WHEREAS, the Speed Management Plan will help develop strategies to implement the Hayward Local Road Safety Plan and Vision Zero policy; and
WHEREAS, on September 13, 2024, four (4) valid proposals were received and then evaluated for the most qualified proposal . Fehr &Peers was ranked the highest with an average score of 83/100 based on criteria established in the Request for Proposal 25-013; and
WHEREAS, the negotiated cost proposal is in the amount of $210,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Council hereby authorize s the City Manager to execute a professional services agreement with Fehr &Peers for consulting services in a not-to-exceed amount of $210,000, 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 24-563
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Increase the Total Construction Contract Not-to- Exceed Amount to $16,373,134 Due to an Increase in Contingency from $855,050 to $1,078,184
RECOMMENDATION
That Council adopts resolution (Attachment II):
1. Authorizing the City Manager to increase the construction contingency in the contract with Bay Cities Paving & Grading, Inc., for the FY23 Pavement Improvement Project (FY23 PIP), Project No. 05240, by $223,134, from $855,050 to $1,078,184 for a total construction contract amount not-to- exceed $16,373,134.
SUMMARY
The FY23 PIP commenced in June 2023 and construction was completed in March 2024. The project involved the rehabilitation of eighty-six (86) street segments and micro-surfacing of twenty (20) street segments for a total of one hundred and six (106) street segments. This project increased the citywide pavement condition index (PCI) for 2023 from 70 to 73. The FY24 PIP increased the citywide PCI for 2024 from 73 to 76 and is the highest the City has been able to achieve in decades.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
powered by Legistar™
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Authorizing the City Manager to Increase the Total Construction Contract Amount Not-to-Exceed $16,373,134 due to increase in Contingency from $855,050 to $1,078,184
RECOMMENDATION
That Council adopts resolution (Attachment II):
1. Authorizing the City Manager to increase the construction contingency in the contract with Bay Cities Paving & Grading, Inc., for the FY23 Pavement Improvement Project (FY23 PIP), Project No. 05240, by $223,134, from $855,050 to $1,078,184 for a total construction contract amount not-to-exceed $16,373,134.
SUMMARY
The FY23 PIP commenced in June 2023 and construction was completed in March 2024.
The project involved the rehabilitation of eighty-six (86) street segments and micro- surfacing of twenty (20) street segments for a total of one hundred and six (106) street segments. This project increased the citywide pavement condition index (PCI) for 2023 from 70 to 73. The FY24 PIP increased the citywide PCI for 2024 from 73 to 76 and is the highest the City has been able to achieve in decades.
During construction of the FY23 PIP, the contractor, Bay Cities Paving & Grading, Inc., (Bay Cities) was asked to perform work on other City projects that were in construction at the same time as was the FY23 PIP. This was due to unforeseen work on the other City projects and the unavailability of similar contractors or to the cost escalation when small quantities of pavement are needed. The work on these projects was performed under change orders to the Bay Cities contract and was reimbursed to the FY23 PIP budget from the other projects.
Staff requests to increase the construction contingency in the contract with Bay Cities for the FY23 Pavement Improvement Project, Project No. 05240, by $223,134, from $855,050 to $1,078,184 for a total construction contract amount not-to-exceed $16,373,134.
BACKGROUND
On April 26, 20221, Council approved a project list for the SB1 FY23 PIP Funding. A resolution was required to submit an application to the California Transportation Commission (CTC) to receive $3,000,000 in funding for pavement improvement.
On June 7, 20222, Council adopted a resolution authorizing the City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Pavement Engineering, Inc., (PEI) for engineering services associated with the FY23 PIP. The scope of work for PEI was limited to engineering review, pavement evaluation, measurement of field quantities, curb ramp design, and construction support.
At the October 26, 20223, Council Infrastructure Committee (CIC) meeting, staff presented the FY23 PIP including street selection criteria, treatment types, and budget allocations.
On February 28, 20234, Council approved the plans and specifications for the FY23 PIP and called for bids to be received on March 28, 2023.
On April 25, 2023, Council adopted a resolution awarding a contract to Bay Cities, for the FY23 Pavement Improvement Project, Project No. 05240, in the amount of $15,294,950 and authorizing an administrative change order budget of $855,050.
DISCUSSION
Bay Cities performed various change order work during the construction of the FY23 PIP on other City projects that were under construction at the same time as was the FY23 PIP.
The FY23 PIP budget was reimbursed for these change orders from the other City projects.
The change orders to the FY23 PIP from work performed on other City projects are described below:
Paved two intersections for the Safe Route for Seniors Project No. 05309: Watkins Avenue/D Street intersection and Montgomery/B Street intersection. The Safe Route for Seniors Project reimbursed the FY23 PIP for this work in the amount of $257,127 which was $90,000 less than quoted by the contractor for the Safe Routes for Seniors project due to lower unit prices provided by Bay Cities. Performed trench paving on Caroll Ave. for the FY22 Sewer Line Replacement Project, Project #07761. The FY22 Sewer Line Replacement Project reimbursed the FY23 PIP for this work in the amount of $75,000. This work expedited the completion of sewer replacement work on Carroll Ave. and allowed the project to remain on schedule and to minimize disruption as Bay Cities was already mobilized. Converted sewer risers to sewer manholes for Oro Loma Sewer District (OLSD).
OLSD reimbursed the FY23 PIP for this work in the amount of $99,600. This work allowed the utility upgrade work to be completed before paving the road and
1 CITY OF HAYWARD - File #: CONS 22-252 (legistar.com)
2 CITY OF HAYWARD - File #: CONS 22-331 (legistar.com)
3 CITY OF HAYWARD - File #: ACT 22-100 (legistar.com)
4 CITY OF HAYWARD - File #: CONS 23-082 (legistar.com)
provided a better overall product for various streets in the Longwood Winton Grove and Santa Clara neighborhoods.
The construction contingency increase of $223,134 is a 1.4% increase in the current not-to- exceed contract amount of $16,150,000. It also increases the construction contingency from 5.3% ($855,060) to 6.6% ($1,087,184). A typical construction contingency budget is 10% of the total contract amount.
ECONOMIC IMPACT
Repaving City streets is beneficial for both residents and people travelling within the City, reducing damage to vehicles and creating an environment that is well maintained. This maintenance may spur further investment in the City.
FISCAL IMPACT
Project costs are as follows:
Design and Contract Administration $345,391 Construction Inspection and Testing $875,202 Bay Cities’ Construction Cost $16,373,134
Total: $17,593,727
The project is funded by the City’s CIP Program with Direct Local Distribution (Gas Tax, Measure BB, Measure B, and vehicle registration fees), State RRAA (SB1) funds. There is no impact on the General Fund.
The project funding sources are as follows:
210 - Gas Tax $3,470,000 211 – RRAA (SB1) $3,350,000
212 - Measure BB – Local Transportation $7,552,727 215 - Measure B – Local Transportation $1,391,000 218 – Vehicle Registration Fee $632,000 450 – Street System Improvements $1,198,000
Total: $17,593,727
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project(s):
Project 5, Part 5a: Maintain Pavement Condition Index (PCI) at 70.
Project 5, Part 5c: Construct various OHHA Pavement Improvements
SUSTAINABILITY FEATURES
The project required the contractor to recycle all construction and demolition debris generated from the project.
This project is consistent with City’s Complete Streets Policy and improves travel for all users including:
Improved pavement for motorists
Additional bike lanes and sharrows for bicyclists
More visible pavement markings for pedestrians, including near school zones New or upgraded curb ramps to meet the recently revised Caltrans standards for pedestrians
The project satisfies the following General Plan policies:
PFS-7.10 Recycled Products or Processes for Capital Projects HQL-2.5 Safe Routes to School
HQL-2.6 Education on Sharing the Road
M-1.7 Eliminate Gaps (in pedestrian networks)
M-3.1 Serving All Users
M-5.1 Pedestrian Needs
M-5.6 Safe Pedestrian Crossings
M-6.2 Encourage Bicycle Use
PUBLIC CONTACT
Before construction commenced, a preliminary notice explaining the project was posted and distributed to all residents and businesses along the affected streets. During construction, signs on barricades were posted seventy-two hours prior to commencement of work indicating the date and time of work for each street.
NEXT STEPS
Process last payment to contractor and close project December 2024
Prepared by: Yama Farouqi, Associate Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member ________
RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE TOTAL CONSTRUCTION CONTRACT AMOUNT NOT TO EXCEED $16,373,134 DUE TO INCREASE IN CONTINGENCY FROM $855,050 TO $1,078,184
WHEREAS, by resolution on February 28, 2023, the City Council approved the plans and specifications for the FY23 Pavement Improvement Project, Project No. 05240 and called for bids to be received on March 28, 2023; and
WHEREAS, on April 25, 2023, the City Council awarded Bay Cities Paving & Grading, Inc. the contract for the FY23 Pavement Improvement Project, Project No. 05240, in the amount of $15,294,950; and
WHEREAS, on A pril 25, 2023, the City Council authorized a construction contingency budget of $855,050, for a total not to exceed contract of $16,150,000; and
WHEREAS, Bay Cities Paving & Grading, Inc. , completed construction work in a total amount of $16,373,134.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to increase construction contingency in the contract with Bay Cities Paving & Grading, Inc., for the FY23 Pavement Improvement Project, Project No. 05240, by $223,134, from $855 ,050 to $1,078,184 for a total construction contract amount not -to-exceed $16,373,134.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to amend the contract with Bay Cities Paving & Grading, Inc. , in the name of and for and on behalf of the City of Hayward, 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 24-569
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Approving Plans and Specifications, and Calling for Bids for the Hesperian Frontage Road Improvement Project No. 05742
RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications for the Hesperian Frontage Road Improvement Project No. 05742 and calling for bids to be received on December 17, 2024.
SUMMARY
This project will improve the Hesperian Blvd. Frontage Road by upgrading the deteriorating condition of the dividing island and increasing traffic safety to the adjacent residential area. The project will also alleviate the intrusion of roots from existing trees and shrubs to the PG&E gas main which runs parallel to the dividing island, preventing future damage to the gas main.
The project’sscope includes the reconstruction of planter curb, metal fence improvements, removal of existing trees and shrubs interfering with the adjacent gas line, replacing with new shrub planting, irrigation and permeable pavers on the frontage road island along Hesperian Blvd. from Phillips Way to Sueirro St.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Approving Plans and Specifications, and Calling for Bids for the Hesperian Frontage Road Improvement Project No. 05742
RECOMMENDATION
That Council adopts a resolution (Attachment II) approving the plans and specifications for the Hesperian Frontage Road Improvement Project No. 05742 and calling for bids to be received on December 17, 2024.
SUMMARY
This project will improve the Hesperian Blvd. Frontage Road by upgrading the deteriorating condition of the dividing island and increasing traffic safety to the adjacent residential area.
The project will also alleviate the intrusion of roots from existing trees and s hrubs to the PG&E gas main which runs parallel to the dividing island, preventing future damage to the gas main.
The project’s scope includes the reconstruction of planter curb, metal fence improvements, removal of existing trees and shrubs interfering with the adjacent gas line, replacing with new shrub planting, irrigation and permeable pavers on the frontage road island along Hesperian Blvd. from Phillips Way to Sueirro St.
BACKGROUND
In 2010, a Master Plan for landscape and irrigation improvements was developed for the key medians and streetscape corridors throughout the City. The Master Plan was used to prioritize and divide the designated corridors into separate annual construction projects that could be implemented in stages based on available annual funding.
The median on Hesperian Blvd. from W. Winton Ave. to West A St. was recently improved which was the eighth and final project of the Master Plan for Hesperian Blvd. During construction of this project, evidence of intrusion of roots from the trees and shrubs in the island along the frontage road next to Hesperian Blvd. from Phillips Way to Sueirro St. to the PG&E gas main became apparent. To avoid future failure of the gas main, an additional
project for the island that runs parallel and divides the northbound Hesperian Blvd. and the Hesperian Frontage Road was added to this section of Hesperian Blvd. This is the last section of the medians on Hesperian Blvd. slated for improvement.
DISCUSSION
The project primarily consists of:
Clearing, grubbing and site preparation of the island area. Reconstruction of island planter curb.
Installing median nose cap and permeable pavers.
Provision of metal fence improvements.
Planting of vine tying to fence, shrub, and groundcover. Installing irrigation system
Attachment III depicts the project limits for this work.
All existing trees and bushes will be removed to mitigate the root intrusion to avoid damage to the main gas line that runs parallel to the island planters.
The project conforms to Bay-Friendly landscape practices and complies with the City’s Bay- Friendly Landscape and Water Efficient Landscape Ordinance. This project is categorically exempt under Section 15301 (c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.
This project is categorically exempt under Section 15301 (c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteration of existing facilities.
On November 15, 2016, Council passed a resolution authorizing a Community Workforce Agreement (CWA) with the Alameda County Building Trades Council (BTC), which applies to City projects with construction costs of $1,000,000 or more. The agreement requires contractors to use local union hiring halls, encourages contractors to employ Hayward residents or Hayward Unified School District graduates, and requires hired workers to pay union dues and other benefit trust fund contributions, etc. Because the construction cost estimate for this Project is less than $1,000,000, the CWA agreement does not apply.
ECONOMIC IMPACT
Replacing and improving the frontage road island landscaping will resolve the issues of roots damaging the main gas lines, increases traffic and pedestrian safety, and enhances the visual appearance of the island. The additional curb improvements increase the longevity of these enhancements resulting in cost savings over time.
FISCAL IMPACT
The estimated project costs are as follows:
Construction Contract $682,225
Construction Contingency 68,000
Design and Administration 60,000
Construction Survey, Inspection and
Testing
60,000
TOTAL $870,225
The Adopted FY25 Capital Improvement Program (CIP) includes $1,000,000 for Hesperian Frontage Road Improvement Project in the Street System Improvements from Fund 450.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priorities to Confront Climate Crisis & Champion Environmental Justice. Specifically, this item relates to the implementation of the following projects:
Reduce greenhouse gases and dependency on fossil fuels
Project C1: Implement Year 1 Program from the adopted GHG Roadmap (Climate Action Plan)
Reduce waste by promoting a circular economy
Project C7: Continue to identify opportunities for compost hubs and other distribution mechanisms for compost in Hayward
Mitigate climate crisis impacts through resilient design and community engagement
Project C12: Implement Year 1 Programs from the adopted General Plan Environmental Justice Element, with a focus on mitigating the impact on frontline communities
Project C14: Continue to pursue water conservation measures like increasing recycled water supplies.
SUSTAINABILITY FEATURES
This project includes the installation of a safety barriers fence along with drought tolerant plants to reduce the amount of water usage including installation of an efficient irrigation system. The project will implement Bay-Friendly Landscaping techniques to use native and climate appropriate plants for the frontage islands. All material generated during
construction and demolition be sent to designated facilities for recycling.
PUBLIC CONTACT
Because of the temporary inconvenience that is expected to be caused by the work in the island frontage road, immediately after the construction contract is awarded, a preliminary notice explaining the project will be distributed to the businesses and residences adjacent to the limit of work. After the construction work has been scheduled, businesses will be notified at lease seventy-two hours prior to commencement of work.
During the design process, staff held several informational meetings at the project site for residents within the project area. There, residents were informed about the proposed improvements to the frontage road island. The response to the improvements was welcoming and positive overall.
A notice of the construction schedule will be distributed to the residences adjacent to the limit of work at least seventy-two hours prior to commencement of work.
SCHEDULE
The estimated schedule for this project is as follows:
Call for Bids November 20, 2024
Open Bids December 17, 2024
Award Construction Contract January 7, 2025
Begin Construction February 3, 2025
Complete Construction May 2025
NEXT STEPS
After staff evaluates the bid results, staff will return to Council with the recommendation for award of construction contract.
Prepared by: Hector Leuterio, Assistant Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member _
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND CALL FOR
BIDS FOR HESPERIAN FRONTAGE ROAD IMPROVEMENT PROJECT,
PROJECT NO. 05742
WHEREAS, those certain plans and specifications for Hesperian Frontage Road Improvement Project, Project No. 0574 2 on file in the office of the City Clerk, are hereby adopted as plans and specifications for the project; and
WHEREAS, the City Clerk is hereby directed to cause a notice calling for bids for the required work and material to be made in the form and manner provided by law; and
WHEREAS, sealed bids therefor will be received by the City Clerk’s office at City Hall, 777 B Street, First Floor, Hayward, California 94541, up to the hour of 2:00 p.m. on Tuesday December 17, 2024, and immediately thereafter publicly opened and declared by the City Clerk in the Rotunda, First Floor, at City Hall.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Hayward will consider a report on the bids at a regular meeting following the aforesaid opening and declaration of same.
BE IT FURTHER RESOLVED that the City Council finds this project is categorically exempt for environmental review under Section 15301(c) of the California Environmental Quality Act Guidelines for the operation, repair, maintenance, or minor alteratio n of existing facilities.
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 24-573
DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Commissioner Collin Thormoto from the Community Services Commission, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Collin Thormoto from the Community Services Commission, effective immediately.
SUMMARY
Commissioner Collin Thormoto was appointed to the Community Services Commission on September 21, 2021, and reappointed on September 20, 2022. Mr. Collin Thormoto’s resignation becomes effective immediately, per his resignation letter (Attachment III).
Mr. Thormoto’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 11/15/2024Page 1 of 1
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Accepting the Resignation of Commissioner Collin Thormoto from the Community Services Commission, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Commissioner Collin Thormoto from the Community Services Commission, effective immediately.
SUMMARY AND DISCUSSION
Commissioner Collin Thormoto was appointed to th e Community Services Commission on September 21, 2021, and reappointed on September 20, 2022. Mr. Collin Thormoto’s resignation becomes effective immediately, per his resignation letter (Attachment III).
Mr. Thormoto’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 ro utine operational item and does not relate to one of 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 MR. COLLIN THORMOTO
FROM THE COMMUNITY SERVICES COMMISSION
WHEREAS, Mr. Collin Thormoto was appointed to the Community Services Commission on September 21, 2021; and
WHEREAS, Mr. Collin Thormoto was reappointed on September 20, 2022; and
WHEREAS, Mr. Collin Thormoto submitted a resignation letter on October 8, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Mr. Collin Thormoto; and commends him for his civic 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
ATT ACHMENT III
From: Collin Thormoto
Sent: Tuesday, October 8, 2024 10:13 AM
To: Amy Cole-Bloom <[email protected]>; Carol Lee <[email protected]>; Evelyn Olivera <[email protected]>
Subject: Resignation from the CSC
Dear Dr. Cole-Bloom, Chair Bruckner-Carrillo, and Vice Chair Moore, I hope you are well.
I wanted to reach out and formally submit my resignation from the Community Services Commission, effective October 17.
I'll be at the next meeting and hope to be a resource for whomever decides to take on the position of Parliamentarian this year.
I hope to give a small statement during the Commissioner Comments section of the meeting, but figured I should let you all know before then. There doesn't appear to be a process outlined in the Bylaws, at least not that I could find.
Hope you all have a great week ahead of you and I look forward to seeing you all at the next meeting. :)
All the best,
Collin Thormoto
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-574
DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Accepting the Resignation of Task Force Member Margaret Barton from the Keep Hayward Clean and Green Task Force, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Task Force Member Margaret Barton from the Keep Hayward Clean and Green Task Force, effective immediately.
SUMMARY
Task Force Member Margaret Barton was appointed to the Keep Hayward Clean and Green Task Force on September 22, 2022. Ms. Margaret Barton’s resignation becomes effective immediately, per her resignation letter (Attachment III).
Ms. Barton’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 11/15/2024Page 1 of 1
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Accepting the Resignation of Task Force Member Margaret Barton from the Keep Hayward Clean and Green Task Force , Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) accepting the resignation of Task Force Member Margaret Barton from the Keep Hayward Clean and Green Task Force, effective immediately.
SUMMARY AND DISCUSSION
Task Force Member Margaret Barton was appointed to the Keep Hayward Clean and Green Task Force on September 22, 2022. Ms. Margaret Barton’s resignation becomes effective immediately, per her resignation letter (Attachment III).
Ms. Barton’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 one of 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 MS. MARGARET BARTON
FROM THE KEEP HAYWARD CLEAN AND GREEN TASK FORCE
WHEREAS, Ms. Margaret Barton was appointed to the Keep Hayward Clean and Green Task Force on September 20, 2022; and
WHEREAS, Ms. Margaret Barton submitted a resignation letter on October 11, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby accepts the resignation of Ms. Margaret Barton; and commends her for her civic 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
ATT ACHMENT III
From: margaret Barton
Sent: Friday, October 11, 2024 4:53 AM
To: CityClerk <[email protected]>
Subject: Resignation KHCG
To City Clerk’s office,
To whom it may concern,
Hereby I would like to notify that I am resigning from the Hayward clean and green committee effective immediately.
It has been a great pleasure and experience volunteering alongside the committee members for the city of Hayward.
Sincerely
Margaret Barton
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-575
DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT
Adopt a Resolution Releasing Jessica Stanley from the Keep Hayward Clean and Green Task Force, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) releasing Task Force Member Jessica Stanley from the Keep Hayward Clean and Green Task Force, effective immediately.
SUMMARY
Task Force Member Stanley was appointed to the Keep Hayward Clean and Green Task Force on September 10, 2019, reappointed on September 12, 2023, with her term set to expire in September 2027.
Task Force Member Stanley has not attended Task Force meetings since June 2024 and has not participated in cleanup events since July 2023. Additionally, Member Stanley has not completed the required Ethics training. Telephone calls were made, and emails sent to communicate with Member Stanley; however, there has been no response nor action taken to complete the training. Given Task Force Member Stanley’s status, releasing her from her duties is the necessary course of action to uphold the City’s standards.
Ms. Stanley’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
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:CONS 24-575
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: City Clerk
SUBJECT Adopt a Resolution Releasing Jessica Stanley from the Keep Hayward Clean and Green Task Force, Effective Immediately
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) releasing Task Force Member Jessica Stanley from the Keep Hayward Clean and Green Task Force, effective immediately.
SUMMARY AND DISCUSSION
Task Force Member Stanley was appointed to the Keep Hayward Clean and Green Task Force on September 10, 2019, reappointed on September 12, 2023, with her term set to expire in September 2027. Task Force Member Stanley has not attended Task Force meetings since June 2024 and has not participated in cleanup events since July 2023. Additionally, Member Stanley has not completed the required Ethics training. Telephone calls were made, and emails sent to communicate with Member Stanley; however, there has been no response nor action taken to complete the training. Given Task Force Member Stanley’s status, releasing her from her duties is the necessary course of action to uphold the City’s standards.
Ms. Stanley’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 one of 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 RELEASING MS. JESSICA S TANLEY FROM THE KEEP
HAYWARD CLEAN AND GREEN TASK FORCE
WHEREAS, Ms. Jessica Stanley was appointed to the Keep Hayward Clean and Green Task Force on September 10, 2019; and
WHEREAS, Ms. Jessica Stanley was reappointed to the Keep Hayward Clean and Green Task Force on September 12, 2023; and
WHEREAS, Ms. Jessica Stanley has not attended Task Force meetings since June 2024 and has not participated in cleanup events since July 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the Council hereby releases Ms. Jessica Stanley from the Keep Hayward Clean and Green Task Force; and thanks her for her civic 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
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-556
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Adopt a Resolution to Approve Final Map of Tract 8429, a One Lot Subdivision for Condominium Purposes at 420 Smalley Avenue (Assessor Parcel No. 431-0008-020-00) to Allow the Construction of Eight (8) Attached Townhouse Condominium Units and Related Site Improvements; Applicant/Owner:
MF Smalley Hayward, LLC., Application No. FM-23-0003
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8429 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV) and authorize the City Manager to execute the Subdivision Agreement, related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.
SUMMARY
The Final Map for Tract 8429 is a one-lot subdivision for condominium purposes on a 0.47- acre parcel on Smalley Avenue, allowing the construction of eight (8) attached townhouse condominium units and related site improvements. The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to complete all required improvements.
The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the City Council on November 13, 2018. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and have determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addresses the City’s conditions of map approval.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Final Map
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:CONS 24-556
Attachment IV Vesting Tentative Tract Map
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Smalley Townhome Final Map: Approval of Final Map of Tract 8429, a One Lot Subdivision for Condominium Purposes at 420 Smalley Avenue (Assessor Parcel No. 431-0008-020-00) to Allow the Construction of Eight (8) Attached Townhouse Condominium Units and Related Site Improvements; Applicant/Owner: MF Smalley Hayward, LLC., Application No. FM-23-0003
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8429 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV) and authorize the City Manager to execute the Subdivision Agreement, related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.
SUMMARY
The Final Map for Tract 8429 is a one-lot subdivision for condominium purposes on a 0.47- acre parcel on Smalley Avenue, allowing the construction of eight (8) attached townhouse condominium units and related site improvements. The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to complete all required improvements.
The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the City Council on November 13, 20181. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and have determined these documents to be in substantial compliance with the City approved Vesting Tentative map, applicable City Standards and addresses the City’s conditions of map approval.
1 City Council Minutes 111318
BACKGROUND
Tentative Map - Per State law, Tentative and Final maps are required for subdivision of real property into five or more parcels. A Vesting Tentative Map Application (No. 201704262) showing the proposed subdivision into eight (8) lots for condominium purposes allowing the construction of eight (8) attached townhome condominiums and related site improvements, along with preliminary plans and documents describing the proposed development was reviewed and approved by City Council on November 13, 2018, subject to certain Conditions of Approval.
The City Council approved the Vesting Tentative Map of Tract 8429, a Planned Development (PD) Rezone, and Site Plan Review, and Adopt a California Environmental Quality Act (CEQA) Infill Checklist in a public meeting after considering comments from the public and public agencies. The City Council also considered compliance with the Subdivision Map Act, the Environmental Quality Act, Planned Development guidelines, the City Subdivision Ordinance, Zoning Code, Building Regulations, the Hayward 2040 General Plan, and the site-specific requirements of the Planning, Public Works, Fire, and Police Departments. The eight (8) condominium units proposed in the subdivision will fulfill several goals and objectives of the City’s General Plan by providing in-fill development, increasing housing diversity and incorporating Compete Streets elements.
DISCUSSION
Final Map and Improvements Plans - After Vesting Tentative Map approval, the subdivider has submitted the Final Map and Improvement Plans. The City Engineer has reviewed and determined these documents to be in substantial compliance with the City approved Vesting Tentative map, applicable City Standards and addressing the City’s conditions of the map approval.
Improvement Agreement and Securities - The subdivider has requested the City’s approval of the Final Map before all required improvements are completed as provided for in the State Subdivision Map Act Section 664622. The subdivider has agreed to execute an agreement with the City to complete the improvements required for the subdivision in a timely manner as per the improvement plans approved by the City Engineer and as stipulated in the Hayward Municipal Code Section 10-3.330 (a). Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a)3.
New improvements will include extension of the City’s sewer and water service to each new unit; pervious pavement private driveway within the development, site lighting and landscaping to be maintained by the Homeowners Association (HOA); all utilities within the subdivision will be underground.
The City Council’s approval of the Final Map shall not become effective until and unless the developer enters into a Subdivision Agreement with the City for the construction of
2 California Code, GOV 66462
3 Hayward Municipal Code 10-3.332
improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map.
ENVIRONMENTAL REVIEW
The environmental review was completed when the Vesting Tentative Map was approved in 2018. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information which would require additional environmental review.
ECONOMIC AND FISCAL IMPACT
The Final Map, by itself, will not have a fiscal or economic impact. The development created by approval of the final map will provide needed housing and employ construction workers.
Property tax revenues received by the City and several other local agencies will increase once the homes are constructed and occupied. The Final Map approval is consistent with the approved project.
STRATEGIC ROADMAP
Approval of the Final Map supports the Preserve, Protect, & Produce Housing priority in the City’s Strategic Roadmap, providing a mix of housing stock for all Hayward residents and community members, including the expansion of affordable housing opportunities and resources.
SUSTAINABILITY FEATURES
The project is required to meet all applicable California Building Code, the City’s REACH Code and CALGreen Standards, which require a minimal level of energy efficiency, conservation, material recycling, and air quality, for new construction. In addition, the landscaping areas and irrigation system will be compliant with the Bay Area-Friendly Water Efficient Landscape Ordinance, which requires the use of drought tolerant planting with water-efficient irrigation systems. Furthermore, the applicant will comply with ordinances related to construction debris and recycling to divert waste from landfills.
NEXT STEPS
If the Council approves the Final Map, the applicant will have the Final Map recorded after executing the Subdivision Improvement Agreement. Occupancy permits for the new units will be issued only after the required improvements are completed as per the plans approved by the City and a HOA is incorporated for the maintenance and repair of the new common use improvements within the subdivision.
Prepared by: Cathleen Terentieff, Development Services Engineer
Recommended by: Sara Buizer, AICP, Director of Development Services
Approved by:
Dustin Clausen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-_____
Introduced by Council Member _______________
RESOLUTION APPROVING THE FINAL MAP OF TRACT 8429, ACCEPTING
THE EASEMENTS DEDICATED THEREON FOR PUBLIC USE AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT AND RELATED OTHER
DOCUMENTS
WHEREAS, Vesting Tentative Tract Map No. 8429 for Smalley Townhome Condominiums, was approved by the City Council of the City of Hayward on November 13, 2018; and
WHEREAS, the Final Map for Tract 8429 has been presented to the City Council of the City of Hayward for development of one lot consisting of eight (8) attached townhome condominium units and related site improvements located on one existing parcel (Assessor Parcel No. 431-0008-020-00) at 420 Smalley Avenue; and
WHEREAS, the City Engineer has determined the map substantially complying with its Vesting Tentative Map and the City Surveyor has determined the map technically correct; and
WHEREAS, the City Engineer has also determined the Tract 8429 Improvement Plans acceptable and conforming to the City’s Conditions of Approval of the Vesting Tentative Map for Tract 8429; and
WHEREAS, Subdivider has requested the Council approval of Tract Map 8429 before its required improvements are completed and has agreed to complete the same within the time limits specified in an agreement with the city and post securities required therefo r; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Hayward does hereby find that the Final Map for Tract 8429 is in substantial compliance with its approved Vesting Tentative Tract Map and does hereby approve the said Final Map and accepts on behalf of the public all easements dedicated for public use thereon , subject to the subdivider entering into a subdivision agreement for the completion of improvements and other obligations, as required by the conditions of approval of the Vesting T entative Tract Map for Tract 8429, and that the approval of the Final Map for Tract 8429 shall not be effective until and unless and such agreement is entered into.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute, for and on behalf of the City of Hayward , a subdivision agreement 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
OWNER'S STATEMENTWE THE UNDERSIGNED, HEREINAFTER REFERRED TO AS“OWNERS”, DO HEREBY STATE THAT THEY ARE THEOWNERS OF THE LAND DELINEATED AND EMBRACEDWITHIN THE EXTERIOR BOUNDARY LINES OF THE HEREINEMBODIED MAP ENTITLED “TRACT 8429, CITY OFHAYWARD, ALAMEDA COUNTY, CALIFORNIA” CONSISTINGOF THREE (3) SHEETS, THIS STATEMENT BEING ON SHEETONE (1) THEREOF, THAT SAID OWNERS ACQUIRED TITLE TO SAID LAND BY VIRTUE OF THAT GRANT DEED RECORDEDOCTOBER 4, 2022 AS INSTRUMENT NO. 2022166938, OFFICIALRECORDS OF ALAMEDA COUNTY, CALIFORNIA, AND THAT SAID OWNER HAS CAUSED SAID MAP TO BE PREPARED FORRECORD AND THAT SAID OWNER CONSENTS TO THEPREPARATION AND FILING OF THIS MAP.AND THE UNDERSIGNED DO HEREBY RESERVE THE AREASDESIGNATED AS PRIVATE DRIVEWAY FOR INGRESS/EGRESSAND PARKING FOR THE BENEFIT OF ALL LOTS IN THISSUBDIVISION AND ARE NOT OFFERED FORDEDICATION TO THE PUBLIC AND WILL BE OWNED ANDMAINTAINED IN ACCORDANCE WITHTHE COVENANTS, CONDITIONS AND RESTRICTIONSGOVERNING TRACT 8429.AND THE UNDERSIGNED DO HEREBY DEDICATE FORPUBLIC USES THE PUBLIC UTILITY EASEMENTS (P.U.E.)SHOWN ON THIS MAP FOR PUBLIC UTILITY PURPOSESINCLUDING ELECTRIC, GAS, COMMUNICATION FACILITIESAND ALL OTHER PUBLIC UTILITY PURPOSES; TOGETHERWITH ANY AND ALL APPURTENANCES THERETO,INCLUDING THE RIGHT, SUBJECT TO COMPLIANCE WITHALL APPLICABLE REGULATIONS AND PERMITS REQUIREDRELATING THERETO, FROM TIME TO TIME TO TRIM AND TOCUT DOWN AND CLEAR AWAY OR OTHERWISE CONTROLANY TREES OT BRUSH. THE PUEs HEREBY OFFERED FORDEDICATION ARE TO BE KEPT OPEN AND FREE OFBUILDINGS, STRUCTURES AND WELLS OF ANY KIND.AND THE UNDERSIGNED DO HEREBY DEDICATE TO THEPUBLIC FOREVER, EASEMENTS SOLELY FOR EMERGENCYVEHICLE ACCESS OVER, UPON AND ACROSS THOSE AREASDESIGNATED AS E.V.A.E. (EMERGENCY VEHICLE ACCESSEASEMENT).AND THE UNDERSIGNED DO HEREBY DEDICATE TO THEPUBLIC FOREVER, EASEMENTS WITH THE RIGHT OFINGRESS AND EGRESS FOR CONSTRUCTION ANDMAINTENANCE OF SANITARY SEWER SYSTEMS FACILITIESINCLUDING SEWER LINES AND APPURTENANCES UNDER,UPON AND OVER ANY AREA OR STRIP OF LANDDESIGNATED AS "S.S.E." (SANITARY SEWER EASEMENT).MAINTENANCE OF SAID SEWER SYSTEM FACILITIES, SEWERLINES AND APPUTENANCES THERETO SHALL BE THERESPOSIBILITY OF THE CITY OF HAYWARD.BY: DATE: ___________PRINT NAME: TITLE: SHEET ONE OF THREE SURVEYOR'S STATEMENTTHIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION ANDIS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THEREQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCALORDINANCE AT THE REQUEST OF M.F.SMALLEY, HAYWARD, LLCIN MARCH, 2023. I HEREBY STATE THAT ALL THE MONUMENTSARE OF THE CHARACTER AND OCCUPY THE POSITIONSINDICATED AND THAT THE MONUMENTS ARE SUFFICIENT TOENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINALMAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLYAPPROVED TENTATIVE MAP. DATE:
CITY SURVEYOR'S STATEMENTI, BRIAN D. SPORE, CITY SURVEYOR, HAVING BEEN AUTHORIZED TO PERFORMTHE FUNCTIONS OF THE CITY SURVEYOR OF THE CITY OF HAYWARD, COUNTY OFALAMEDA, STATE OF CALIFORNIA DO HEREBY CERTIFY THAT I HAVE EXAMINEDTHE HEREIN EMBODIED FINAL MAP ENTITLED TRACT 8429, CITY OF HAYWARDCOUNTY OF ALAMEDA, CALIFORNIA”;I AM SATISFIED THAT THE SURVEY DATA SHOWN THEREON IS TECHNICALLYCORRECT.IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS _________ DAY OF___________________, 20___. ___________________________________________ BRIAN D. SPORE, PLS 9319 CITY SURVEYOR , CITY OF HAYWARD ALAMEDA COUNTY, STATE OF CALIFORNIA OWNER'S ACKNOWLEDGMENTA NOTARY REPUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THEIDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE ISATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OF ALAMEDAON______________________,20_____, BEFORE ME,______________________, PERSONALLY APPEARED______________________________________________, WHO PROVED TO ME ON THE BASIS OFSATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THEWITHIN INSTRUMENT 2022166938 , AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTEDTHE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIRSIGNATURES ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THEPERSON(S) ACTED, EXECUTED THE INSTRUMENT.WITNESS MY HAND AND OFFICIAL SEAL:SIGNATURE: _________________________________PRINT :MY COMMISSION NUMBER: _______________________MY COMMISSION EXPIRES: __________________PRINCIPAL COUNTY OF BUSINESS: _______________________ RECORDER'S STATEMENTFILED FOR RECORD THIS DAY OF , 20 AT M.IN BOOK OF MAPS, AT PAGE , AT THEREQUEST OFFEE: MELISSA WILKCOUNTY RECORDER IN AND FOR THESERIES: COUNTY OF ALAMEDA,CALIFORNIABY: _________________________ DEPUTY COUNTY RECORDER TRUSTEE'S STATEMENTI (WE) THE UNDERSIGNED, WFG NATIONAL TITLEINURANCE COMPANY, AS TRUSTEES UNDER THE DEED OFTRUST RECORDED APRIL 18, 2024 AS INSTRUMENT NO.2024050093 , OFFICIAL RECORDS OF ALAMEDA COUNTY,CALIFORNIA, DOES HEREBY JOIN IN AND CONSENT TO THEFOREGOING OWNERS STATEMENT AND ALL DEDICATIONSSHOWN HEREIN.BY: DATE: ______________PRINT NAME__________________________TITLE: _______________________________ TRUSTEE'S ACKNOWLEDGMENTA NOTARY REPUBLIC OR OTHER OFFICER COMPLETING THISCERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUALWHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE ISATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, ORVALIDITY OF THAT DOCUMENT.STATE OF CALIFORNIACOUNTY OF ALAMEDAON______________________,20_____, BEFOREME,______________________, PERSONALLY APPEARED______________________________________________, WHO PROVED TOME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THEPERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHININSTRUMENT 2022166939, AND ACKNOWLEDGED TO ME THATHE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZEDCAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURES ON THEINSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OFWHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.WITNESS MY HAND AND OFFICIAL SEAL:SIGNATURE: _________________________________PRINT:MY COMMISSION NUMBER: _______________________MY COMMISSION EXPIRES: __________________PRINCIPAL COUNTY OF BUSINESS: _______________________ A ONE LOT SUBDIVISION FOR CONDOMINIUM PURPOSES BEING A RESUBDIVISION OF LOT 110, 'MAP OF RESUBDIVISION OF BLOCK "D", MEEK ESTATE ORCHARDS', FILED NOVEMBER 6, 1920IN BOOK 6, PAGE 45, ALAMEDA COUNTY RECORDSCITY OF HAYWARD ALAMEDA COUNTY CALIFORNIABAYLANDCONSULTING TRACT 8429
JUNE, 2024 CONSISTING OF THREE SHEETS CLERK OF THE BOARD OF SUPERVISOR'S STATEMENTSTATE OF CALIFORNIA )COUNTY OF ALAMEDA )SS.I, ANIKA CAMPBELL-BELTON, CLERK OF THE BOARD OF SUPERVISORS OF THECOUNTY OF ALAMEDA, STATE OF CALIFORNIA, DO HEREBY CERTIFY, AS CHECKEDBELOW THAT: AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF THE SAID COUNTYAND STATE IN THE AMOUNTOF $___________, CONDITIONED FOR PAYMENT OF ALL TAXES AND SPECIALASSESSMENTS COLLECTED AS TAXES, WHICH ARE NOW A LIEN AGAINST SAID LANDOR ANY PART THEREOF BUT NOT YET PAYABLE AND WAS DULYAPPROVED BY SAID BOARD IN SAID AMOUNT. ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID. ASCERTIFIED BY THE TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS ____ DAY OF_______________, 20___. ANIKA CAMPBELL-BELTON CLERK OF THE BOARD OF SUPERVISORS COUNTY OF ALAMEDA, CALIFORNIA BY: DEPUTY CLERK CITY CLERK'S STATEMENTI, MIRIAM LENS, CITY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF HAYWARD,ALAMEDA COUNTY, STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT THE HEREINEMBODIED FINAL MAP ENTITLED “TRACT NO. 8429” CONSISTING OF THREE (3) SHEETS,THIS STATEMENT BEING ON SHEET TWO (2) THEREOF, WAS PRESENTED TO SAIDCOUNCIL, AS PROVIDED BY LAW, AT A REGULAR MEETING HELD ON THIS ___ DAY OF_____________, 20___ AND THAT SAID COUNCIL DID THEREUPON, BY RESOLUTIONNUMBER _________________, PASSED AND ADOPTED AT SAID MEETING, APPROVEDSAID MAP AND ACCEPTED ON BEHALF OF THE PUBLIC THE EASEMENTS OFFERED FORDEDICATION AS P.U.E., E.V.A.E., AND S.S.E. IN WITNESS HEREOF, I HEREUNTO SET MY HAND THIS____ DAY OF ____________, 20___._______________________________________MIRIAM LENS, CITY CLERK ANDCLERK OF THE COUNCIL OF THE CITY OF HAYWARD,ALAMEDA COUNTY, STATE OF CALIFORNIA A ONE LOT SUBDIVISION FOR CONDOMINIUM PURPOSES BEING A RESUBDIVISION OF LOT 110, 'MAP OF RESUBDIVISION OF BLOCK "D", MEEK ESTATE ORCHARDS', FILED NOVEMBER 6, 1920IN BOOK 6, PAGE 45, ALAMEDA COUNTY RECORDSCITY OF HAYWARD ALAMEDA COUNTY CALIFORNIABAYLANDCONSULTING
SHEET TWO OF THREE
SOIL/GEOTECHNICAL REPORTGEO‐ENGINEERING SOLUTIONS, INC.2570 SAN RAMON VALLEY BLVD., SUITE A102SAN RAMON, CALIFORNIA 94583GEO‐ENG PROJECT NO. 11‐1039DATED: DECEMBER 18, 2017 POPLAR AVE.LAUREL AVE.SMALLEY AVE.PRINCETON ST.PERALTA ST.FLAGG ST.ALICE ST.GRAND ST.MYRTLEA ST.WESTERN BLVD.SITE LOCATIONNTRACT 8429CITY ENGINEER'S STATEMENTI, ALEX AMERI , CITY ENGINEER OF THE CITY OF HAYWARD, DO HEREBYSTATE THAT THE HEREIN EMBODIED FINAL MAP, ENTITLED"TRACT 8429, CITY OF HAYWARD, ALAMEDA COUNTY,CALIFORNIA," CONSISTING OF 3 SHEETS, THIS STATEMENTBEING ON SHEET 2 THEREOF; HAS BEEN EXAMINED AND THAT THESUBDIVISION, AS SHOWN UPON SAID MAP, IS SUBSTANTIALLY THESAME AS SAID SUBDIVISION APPEARED ON THE APPROVED ORCONDITIONALLY APPROVED TENTATIVE MAP AND ANY APPROVEDAMENDMENTS THEREOF; AND THAT ALL PROVISIONS OF THESUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA ANDAMENDMENTS THERETO, AND ANY LOCAL ORDINANCES APPLICABLE ATTHE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIEDIN WITNESS HEREOF, I HEREUNTO SET MY HAND THIS ____ DAY OF ____________,20___._______________________________________ALEX AMERI, RCE 440155CITY ENGINEER, CITY OF HAYWARD,ALAMEDA COUNTY, STATE OF CALIFORNIA JUNE, 2024 CONSISTING OF THREE SHEETS
JUNE, 2024 CONSISTING OF THREE SHEETSSHEET THREE OF THREE TRACT 8429 A ONE LOT SUBDIVISION FOR CONDOMINIUM PURPOSESBEING A RESUBDIVISION OF LOT 110,'MAP OF RESUBDIVISION OF BLOCK "D",MEEK ESTATE ORCHARDS', FILEDNOVEMBER 6, 1920 IN BOOK 6, PAGE 45, ALAMEDA COUNTY RECORDS CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIA LAUREL AVENUE (50')
SMALLEY AVENUE (50')
FLAGG STREET (50')
PRINCETON STREET (50')
BAYLANDCONSULTINGLOT 1MAP OF RESUBDIVISIONOF BLOCK "D" MEEK ESTATE ORCHARDSBOOK 6 OF MAPS, PAGE 45 ADAMS EDDIE J & HUANG TINA Y TRSLOT 109LEI JANET M TRLOT 111KEVIN W CHEN / XINYI L CHENLOT 159FONG FRED M TRLOT 160LOT 1, TRACT 7417(LOT 161)279 MAPS 8820,438 +/- SQUARE FEETPRIVATE DRIVEWAYP.U.E., E.V.A.E., ANDS.S.E.PRIVATE DRIVEWAYP.U.E., E.V.A.E., ANDS.S.E.
WD
80 80
80 80
80 9083.04
STAIRS CL 5.9
8980.73
STAIRS CL 5.9
77 80.68STAIRS CL 3.0
76 83.03
STAIRS CL 3.0
75 83.09
STAIRS CL 3.0
74 80.68
STAIRS CL 3.0
14480.9418"" TREE
14380.70
12"" TREE
142
80.87 16"" TREE
12780.52SHED < 6X7.6
12680.61SHED < 6X7.6
123
80.26 SHED <
12280.60SHED <
12180.47
197-10.20JP
10680.71JP
CO
9180.37SSCO ?
BLDG CRNR
16781.08
BLDG CRNR16680.60BLDG CRNR
16580.73BLDG CRNR
16480.69BLDG CRNR
12480.57BLDG CRNR
10281.01BLDG CRNR
10180.99BLDG CRNR
9280.29
BLDG CRNR
80-7.71
BLDG CRNR
79 80.65BLDG CRNR
GM
78 80.55
GAS MTR
WM
10580.64WM
WM
58 80.34WM
53 80.38EP
52 80.76EP
5180.63
EP
5080.50
EP
4980.64SIGN RD
40 80.41FH
107
80.64 DRVW
Y
104
80.72 DRVW
Y
41 80.29DRVWY
32 80.27DRVWY
37 79.97
AC
36 80.68
AC
35 80.94
AC
34 80.68
AC
33 79.92AC
26 80.14AC
2580.95
AC2381.12AC
2280.96
AC
2180.28
AC
12 80.50AC
1181.08AC
1081.39
AC
981.22
AC
8 80.41AC
38 80.26TC
2780.46
TC
2080.60
TC
13 80.84TC
7 80.72TC
48 80.39EWALK
47 80.42EWALK <
39 80.44
BACK SW
3180.42BACK SW
2980.66BACK SW
2880.48EWALK
1980.68EWALK
18 80.76BACK SW
1780.80EWALK
15 80.93BACK SW14
80.86 EWALK
680.92
BACK SW
SET 60D79.63
22 79.63
SET 60D
1 80.59SET MAG
17379.89PAV <
172
80.24 PAV <
171
80.08 PAV <
2481.09MH
15980.50
HOSE BIB
G 80.32
188
196
80.78 G
195
80.74 G
194
80.50 G
19379.97G
192
80.04 G
191
80.14 G
190
80.00 G
189
80.14 G
188
80.32 G
187
79.95 G
186
80.54 G
185
80.84 G
125
80.46 G
100
80.77 G
9880.91
G
9780.83
G
96 80.54G
9580.52
G9480.51
G9380.31
G
62 80.66GATE
6180.69GATE
60 80.55GATE
5980.45GATE
WD
SITE LOCATION
SMALLEY AVE.
A ST.
LAUREL AVE.
WESTERN BLVD.
PRINCETON ST.
ALICE ST.
MYRTLE
FLAGG ST.
PERALTA ST.
POPLAR AVE.
GRAND ST.
N
No. 6925
LICENSED
LAND
SURVEYOR
STATE
OF
CALIFORNIA
CHARLES N.
CAPP
LEGEND
CA COMMON AREA
GP-1 ADA PARKING
GP-2 GUEST PARKING
FOC FACE OF CURB
BUILDING EDGE
PROPERTY LINE
FACE OF CURB
SIDEWALK
8.7'
29.3'
BUILDING 420 SMALLEY AVE
PROPOSED 8 UNITS (7,695 SF)
41.8' 38'20.9'41.9'
10.5' 20.5'13.6'21.2'21.1'
33.5'
10.4'
FOC
DRIVEWAY
P.L.: N 27°11'24"E 283.80'
P.L.: N 27°11'24"E 283.80'
P.L.: S 62°48'45"E 72.013'
P.L.: S 62°48'45"E 72.013'
FRONT S.B.
20' - 0" 48' - 1"
REAR S.B.
20' - 0"
20.5 FT
33.8'
7' 3.3'
8'
8'
9.5'
2.6'
2.6'
9'9'
19'
GP-1
GP-2
CA
2.6'
8'
9.5'
10.8'
9.5'
30.5'
3.3'
10.6'
1'17.9'
UPPER STORY BUILDING OUTLINE
31' - 0"7' - 2"
GP-2
9'
3.3'
1.5'
12.7'
3.3'
3.3'
3.3'
P.L.: N 27°11'24"E 283.80'
P.L.: N 27°11'24"E 283.80'
P.L.: S 62°48'45"E 72.013'
P.L.: S 62°48'45"E 72.013'
LOT 111
21 JANET LEI
431-0008-021-00
LOT 109
19 EDDIE ADAMS
431-0008-019-00
127
249 LAUREL LLC
431-0008-127-00
LOT 160
82 RON THOMSEN
431-0008-082-00
LOT 159
80 KEVIN CHEN
431-0008-080-00
LOT 110
TOMMY TAM
431-0008-020-00
20,437.77 SF
(E) HOUSE TO BE
DEMOLISHED
(E) SHED TO BE
DEMOLISHED
SMALLEY AVENUE
4'4'
R.O.W
50'
P.L.: S 62°48'45"E 72.013'
P.L.: N 27°11'24"E 283.80'
P.L.: S 62°48'45"E 72.00'
P.L.: N 27°11'24"E 283.80'
P.L.: S 62°48'45"E 74.00'
25' - 0"
P.L.: S 62°48'45"E 74.00'
North
19 80
80 80
80 80
80 81 81
80 Revision Schedule
Hayward, CA 94541
420 Smalley Avenue
SCALE
Smalley Townhouses
R E S I D E N T I A L / C O M M E R C I A L
GORDON K WONG
ARCHITECT, AIA, LEED GA
710E MCGLINCY LANE SUITE 109
CAMPBELL CA 95008
(4
08) 315-
2125 LIC# 34045,
GKWARCHITECTS.COM
LONG NGUYEN, PROJECT REP.
KEVIN YU, DRAFTSMAN
710E MCGLINCY LANE SUITE 109
CAMPBELL, CA 95008
(408) 796-1845
GKWARCHITECTS.COM
9/27/2018 4:59:26 PM
As indicated
C1
Vesting Tentative
Map
VESTING TENTATIVE TRACT MAP 8429
LOT 110, MAP OF RESUBDIVISION OF BLOCK D, MEEK
ESTATE ORCHARDS, FILED NOVEMBER 6, 1920, MAP
BOOK 6, PAGE 45, ALAMEDA COUNTY RECORDS
CITY OF HAYWARD
ALAMEDA COUNTY, CALIFORNIA
BELLECCI & ASSOCIATES, INC
CONCORD, CALIFORNIA
DECEMBER 6TH, 2017
GENERAL NOTES
OWNER TOMMY TAM
AERIO.COM
420 SMALLEY AVENUE, HAYWARD, CA 94541
(408) 431-9983 | [email protected]
ARCHITECT GKW ARCHITECTS, INC
710 E. MCGLINCY LN, SUITE 109
CAMPBELL, CA 95008
408-796-1845
CIVIL ENGINEER/
LAND SURVEYOR:
CHARLES N. CAPP PLS 6925
BELLECCI & ASSOCIATES, INC
2290 DIAMOND BLVD. SUITE 100
CONCORD, CA 94520
(925) 685-4569
APN:
SITE AREA:
EXISTING ZONING:
PROPOSED ZONING:
LOT SIZES:
EXISTING USE:
PROPOSED USE:
431-000-8020
20,437.77 SQ. FT
RM-MEDIUM DENSITY
RM-MEDIUM DENSITY
20,437.77 SQ.FT
1 SINGLE FAMILY RESIDENTIAL
8 UNIT TOWNHOME-STYLE CONDOMINIUMS
SERVICES WATER: EBMUD
SEWER: CITY OF HAYWARD
STORM: CITY OF HAYWARD
GAS & ELECTRIC : PACIFIC GAS & ELECTRIC
TELEPHONE: AT&T
CABLE TV: COMCAST
FLOODING ZONE X. THIS AREA IS DETERMINED TO BE OUTSIDE
THE O.2% ANNUAL CHANCE FLOODPLAIN PER FIRM
PANEL 06001002866 EFF. 8/3/2009
TOPOGRAPHY TOPO BY BELLECCI & ASSOCIATES PER FIELD SURVEY ON 4/18/16
BOUNDARY BOUNDARY BASED ON RECORD DATA ONLY
ONE LOT SUBDIVISION FOR CONDO PURPOSES
1" = 20'-0"3 Condominium Plan
0' 10' 20' 40' 80'
1" = 20'-0"4 Tentative Map
0' 10' 20' 40' 80'
CITY OF HAYWARD, ALAMEDA COUNTY
No. Date Description
1 10-06-17 Planning Comments
Attachment IV
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-578
DATE: 11/19/2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Adopt a Resolution to Approve Final Map of Tract 8670, a 12-Lot Residential Subdivision at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers 441-0074-009-00 and 441-0074-009-00; Eden Village III), to Allow the Construction of Twelve (12) Single-Family Small Lot Detached Residential Units and Related Site Improvements; Applicant/Owner: Jason Creek Ventures, LLC, Application No. MTA-23-0001
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8670 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), and authorize the City Manager to execute the Subdivision Agreement, related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.
SUMMARY
The Final Map for Tract 8670 (Eden Village III) is a twelve-lot/five-parcel subdivision on a 1.45-acre site at 24764 and 24656 Mohr Drive allowing the construction of twelve (12) single-family small lot detached residential units with a private street and other site improvements. In addition to the twelve lots, Parcels A through E are to be owned and maintained by the Homeowners Association of Tract 8670 and are reserved for access, open space, utilities, wall/fence maintenance, drainage, stormwater treatment, and/or landscaping purposes with Parcel A specifically being for new private street Wonderland Court.
The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to compete all required improvements.
The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the City Council on January 23, 20241. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and has determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of map approval.
CITY OF HAYWARD Printed on 11/14/2024Page 1 of 2
powered by Legistar™
File #:CONS 24-578
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Tract 8670 Final Map
Attachment IV Tract 8670 Vesting Tentative Map
CITY OF HAYWARD Printed on 11/14/2024Page 2 of 2
powered by Legistar™
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT: Eden Village III: Approval of Final Map of Tract 8670, a 12-Lot Residential Subdivision at 24764 and 24656 Mohr Drive (Assessor’s Parcel Numbers 441- 0074-009-00 and 441-0074-009-00; Eden Village III), to Allow the Construction of Twelve (12) Single-Family Small Lot Detached Residential Units and Related Site Improvements; Applicant/Owner: Jason Creek Ventures, LLC, Application No. MTA-23-0001
RECOMMENDATION
That the Council adopts the attached resolution (Attachment II) to approve the Final Map for Tract 8670 (Attachment III), find it in substantial conformance with the approved Vesting Tentative Tract Map (Attachment IV), and authorize the City Manager to execute the Subdivision Agreement, related other documents and take appropriate administrative actions to effectuate the improvements required by the Conditions of Approval.
SUMMARY
The Final Map for Tract 8670 (Eden Village III) is a twelve-lot/five-parcel subdivision on a
1.45-acre site at 24764 and 24656 Mohr Drive allowing the construction of twelve (12) single- family small lot detached residential units with a private street and other site improvements.
In addition to the twelve lots, Parcels A through E are to be owned and maintained by the Homeowners Association of Tract 8670 and are reserved for access, open space, utilities, wall/fence maintenance, drainage, stormwater treatment, and/or landscaping purposes with Parcel A specifically being for new private street Wonderland Court. The Council is also requested to authorize the City Manager to execute a Subdivision Improvement Agreement to compete all required improvements.
The Final Map and Improvement Plans are based on the Vesting Tentative Map, which was approved by the City Council on January 23, 20241. The City Engineer, in coordination with other potentially affected departments, has reviewed the Final Map and Improvement Plans and has determined these documents to be in substantial compliance with the City approved
1 City Council Minutes 01232024
Vesting Tentative map, applicable City Standards and addressing the City’s conditions of map approval.
BACKGROUND
Tentative Map - Per State law, Tentative and Final maps are required for subdivision of real property into five or more parcels. The Planning Application (No. MTA-23-0001) showing the proposed subdivision into twelve (12) residential lots and five (5) parcels allowing the construction of twelve (12) small-lot single family residences, private street Wonderland Court, and related site improvements, along with preliminary plans and documents describing the proposed development was reviewed and approved by City Council on January 23, 2024, subject to certain Conditions of Approval.
The City Council approved the Vesting Tentative Map of Tract 8670, a Zone Change to Planned Development (PD) District, and an Environmental Consistency Checklist in a public meeting after considering comments from the public and public agencies. The City Council also considered compliance with the Subdivision Map Act, the California Environmental Quality Act (CEQA), PD guidelines, the City Subdivision Ordinance, Zoning Code, Building Regulations, the Hayward 2040 General Plan, and the site-specific requirements of the Planning, Public Works, Fire, and Police Departments. The twelve (12) single-family residential units proposed in the subdivision will fulfill several goals and objectives of the City’s General Plan by providing in-fill development, increasing housing diversity and incorporating Compete Streets elements.
DISCUSSION
Final Map and Improvements Plans - After Vesting Tentative Map approval, the subdivider has submitted the Final Map and Improvement Plans. The City Engineer has reviewed and determined these documents to be in substantial compliance with the City approved Vesting Tentative Map, applicable City Standards and addressing the City’s conditions of the map approval.
Improvement Agreement and Securities - The subdivider has requested the City’s approval of the Final Map before all required improvements are completed as provided for in the State Subdivision Map Act Section 664622. The subdivider has agreed to execute an agreement with the City to complete the improvements required for the subdivision in a timely manner as per the improvement plans approved by the City Engineer and as stipulated in the Hayward Municipal Code Section 10-3.330 (a). Securities for the required improvements have been posted as per the Hayward Municipal Code Section 10-3.332(a)3.
New improvements will include extension of the City’s sewer and water service to each new unit; private street Wonderland Court with six on-street parking spaces and a hammerhead; an open space area centered around a 77-inch diameter preserved redwood; and site lighting,
2 California Code, GOV 66462
3 Hayward Municipal Code 10-3.332
landscaping, and stormwater treatment facilities to be maintained by the Homeowners Association (HOA). All utilities within the subdivision will be underground.
The City Council’s approval of the Final Map shall not become effective until and unless the developer enters into a Subdivision Agreement with the City for the construction of improvements and other obligations required per conditions of approval of the Vesting Tentative Tract Map.
ENVIRONMENTAL REVIEW
The environmental review was completed when the Vesting Tentative Map was approved in 2024. There is no substantial change proposed in the Project or in its environmental setting, nor is there any new information which would require additional environmental review.
ECONOMIC AND FISCAL IMPACT
The Final Map, by itself, will not have a fiscal or economic impact. The development created by approval of the final map will redevelop an underutilized site in an existing residential setting.
The development would connect to existing public utilities and services and is not expected to have a negative result on the City regarding public utilities or public services. Furthermore, the project would result in new residents moving into Hayward, which should generate demand for goods and services, thereby providing stimulus for new or existing jobs and services in the City’s economy. The Final Map approval is consistent with the approved project.
STRATEGIC ROADMAP
Approval of the Final Map supports the Strategic Priority of Preserve, Protect and Produce Housing for All, however, it is not tied to implementation of any specific projects.
SUSTAINABILITY FEATURES
The project includes sustainability features to improve energy efficiency, reduce greenhouse gas emissions and conserve water. All the residences will be fully electric in accordance with Hayward’s Reach Code (also known as the 2022 All-Electric & Electric-Ready Ordinance).
Rooftop solar panels will be installed on all the residences. The solar panels will exceed the kilowatt hour requirement of the 2022 California Energy Code by 15 to 20 percent.
Furthermore, an electric vehicle charger will be installed in all residence’s garages exceeding Hayward’s Electric Vehicle Charging Infrastructure requirements.
As noted previously, the proposed landscaping will be drought resistant in accordance with the Bay Friendly Water Efficient Landscape Ordinance and all the residents will be provided with two 55-gallon rain barrel located at the rear of unit that connects to the gutter downspout. The rain barrels will capture water that can be used to irrigate planting areas and reduce water runoff. The common open space and driveways will have permeable pavement to further reduce water runoff. The site will be graded to ensure the majority of water runoff will be diverted to the three bioretention stormwater treatment areas.
NEXT STEPS
If the Council approves the Final Map, the applicant will have the Final Map recorded after executing the Subdivision Improvement Agreement. Occupancy permits for the new units will be issued only after the required improvements are completed as per the plans approved by the City and a HOA is incorporated for the maintenance and repair of the new common use improvements within the subdivision.
Prepared by: Cathleen Terentieff, Development Services Engineer
Recommended by: Sara Buizer, AICP, Development Services Director
Approved by:
_________________________________
Dustin Clausen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-
Introduced by Council Member _______________
RESOLUTION APPROVING THE FINAL MAP OF TRACT 8670, ACCEPTING
THE EASEMENTS AND MOHR DRIVE RIGHT OF WAY DEDICATED THEREON
FOR PUBLIC USE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT AND
RELATED OTHER DOCUMENTS
WHEREAS, Vesting Tentative Tract Map No. 8670 for Eden Village III was approved by the City Council of the City of Hayward on January 23, 2024; and
WHEREAS, the Final Map for Tract 8670 has been presented to the City Council of the City of Hayward for development of twelve (12) detached single -family small lot detached residential units with a private street and other site improvements located on two existing parcels (Assessor’s Parcel Numbers 441-0074-009-00 and 441-0074-009-00), 24764 and 24656 Mohr Drive; and
WHEREAS, the City Engineer has determined the map substantially complying with its Vesting Tentative Map and the City Surveyor has determined the map technically correct; and
WHEREAS, the City Engineer has also determined the Tract 8670 Improvement Plans acceptable and conforming to the City’s Conditions of Approval of the Vesting Tentative Map for Tract 8670; and
WHEREAS, Subdivider has requested the Council approval of Tract Map 8670 before its required improvements are completed and has agreed to complete the same within the time limits specified in an agreement with the city and post securities required therefor; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Hayward does hereby find that the Final Map for Tract 8670 is in substantial compliance with its approved Vesting Tentative Tract Map and does hereby approve the said Final Map and accepts on behalf of the public all easements dedicated for public use thereon , subject to the subdivider entering into a subdivision agreement for the completion of improvements and other obligations, as required by the conditions of approval of the Vesting Tentative Tract Map for Tract 8670, and that the approval of the Final Map for Tract 8670 shall not be effective until and unless and such agreement is entered into.
ATTACHMENT II
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute, for and on behalf of the City of Hayward, a subdivision agreement in a form approved by the City Attorney
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
1JOB NO. 3550-000 SHEET OF 6
TRACT 8670
MOHR DRIVE
CONSISTING OF 6 SHEETS
BEING A SUBDIVISION OF A PORTION OF LOT 18 OF
MAP OF SOUTH MOHRLAND (4 M 85)
CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIA
OCTOBER 2024
CIVIL ENGINEERS SURVEYORS PLANNERS
SAN RAMON
WWW.CBANDG.COM
ROSEVILLE
(925) 866-0322
(916) 788-4456
OWNER'S ACKNOWLEDGMENT
OWNER'S STATEMENT
COUNTY RECORDER'S STATEMENT
CLERK OF THE BOARD OF SUPERVISORS
STATEMENT
VICINITY MAP
N
SITE
Attachment III
2JOB NO. 3550-000SHEET OF 6
TRACT 8670MOHR DRIVECONSISTING OF 6 SHEETSBEING A SUBDIVISION OF A PORTION OF LOT 18 OFMAP OF SOUTH MOHRLAND (4 M 85)CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIAOCTOBER 2024CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456
CITY CLERK'S STATEMENT
CITY ENGINEER'S STATEMENT
CITY SURVEYOR'S STATEMENTSOIL / GEOTECHNICAL REPORT NOTE
SURVEYOR'S STATEMENT
MOHR DRIVE
WEST STREETLONG COURT
WONDERLAND WAY
40'GRAPHIC SCALE160'0'80'40'20'40'0'
TRACT 8670MOHR DRIVESCALE: 1" =CONSISTING OF 6 SHEETSBEING A SUBDIVISION OF A PORTION OF LOT 18 OFMAP OF SOUTH MOHRLAND (4 M 85)CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIAOCTOBER 2024CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 JOB NO. 3550-000SHEET OF 63
BASIS OF BEARINGS: LEGEND
REFERENCES:
NOTE:
MOHR DRIVEWEST STREETLONG COURT
5 6123467891012PARCEL EPARCEL APARCEL BPARCEL CPARCEL DWONDERLAND WAYWONDERLAND COURT5 11MOHR DRIVEDEDICATION 40'GRAPHIC SCALE160'0'80'40'20'40'0'
TRACT 8670MOHR DRIVESCALE: 1" =CONSISTING OF 6 SHEETSBEING A SUBDIVISION OF A PORTION OF LOT 18 OFMAP OF SOUTH MOHRLAND (4 M 85)CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIAOCTOBER 2024CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 JOB NO. 3550-000SHEET OF 64
BASIS OF BEARINGS: LEGEND
REFERENCES:5
MOHR DRIVE1234
678
PARCEL BPARCEL APARCEL C
PARCELDWONDERLAND COURT5 PARCEL E
WEST STREET
WONDERLANDWAY
20'GRAPHIC SCALE80'0'40'20'10'20'0'
TRACT 8670MOHR DRIVESCALE: 1" =CONSISTING OF 6 SHEETSBEING A SUBDIVISION OF A PORTION OF LOT 18 OFMAP OF SOUTH MOHRLAND (4 M 85)CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIAOCTOBER 2024CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 JOB NO. 3550-000SHEET OF 65
BASIS OF BEARINGS: LEGEND
REFERENCES:
NOTE:
SEE SHEET 6
DETAIL ADETAIL B4PARCEL DPARCEL EPARCEL APARCEL DPARCEL A WONDERLAND COURTPARCEL APARCEL E12109 11
LONG COURT20'GRAPHIC SCALE80'0'40'20'10'20'0'
TRACT 8670MOHR DRIVESCALE: 1" =CONSISTING OF 6 SHEETSBEING A SUBDIVISION OF A PORTION OF LOT 18 OFMAP OF SOUTH MOHRLAND (4 M 85)CITY OF HAYWARD, ALAMEDA COUNTY, CALIFORNIAOCTOBER 2024CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916)788-4456 JOB NO. 3550-000SHEET OF 66
BASIS OF BEARINGS: LEGEND
REFERENCES:NOTE:
SEE SHEET 5
F:\3550\ACAD\TM\TM.0.DWG
11/8/2023 11:18 AM
NOVEMBER 2023
MOHR DRIVE
SHEET INDEX
TM.2 SITE PLAN
L.2 PRECISE PRELIMINARY LANDSCAPE DETAILS
LANDSCAPE PLANS
L.1 PRECISE PRELIMINARY LANDSCAPE PLAN
TM.1 EXISTING CONDITIONS
CIVIL PLANS
ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
DEVELOPER
TM.3 PRELIMINARY GRADING PLAN
ARCHITECTURAL PLANS
2 3
4 NO. NO.
COVER SHEET - SHEET INDEX1
PLANNED DEVELOPMENT& VESTING TENTATIVE MAP
HAYWARD, CALIFORNIA
9 L.4 PRECISE PRELIMINARY LANDSCAPE ENLARGEMENT PLAN PLAN 1 FRONT ELEVATIONSA1.0
FLOOR PLAN 1 ADDENDAA1.1.1
10 22
PLAN 1A - EXTERIOR ELEVATIONS
23 A1.2
NO.
TM.4 PRELIMINARY UTILITY PLAN5
NUVERA HOMES
7041 KOLL CENTER PARKWAY, SUITE 170
PLEASANTON, CA 94566
(925) 309-8888
CONTACT: JEFFREY LAWRENCE
CARLSON, BARBEE & GIBSON INC.
2633 CAMINO RAMON, SUITE 350
SAN RAMON, CA 94582
(925) 866-0322
CONTACT: LEE ROSENBLATT
RIPLEY DESIGN GROUP
1615 BONANZA STREET
WALNUT CREEK, CA 94596
(925) 938-7377
CONTACT: ANNIKA CARPENTER
KTGY GROUP INC.
580 SECOND STREET, SUITE 200
OAKLAND, CA 94607
(510) 272-2910
CONTACT: JILL D. WILLIAMS
TM.5 FIRE TRUCK CIRCULATION PLAN6
PLAN 1B - EXTERIOR ELEVATIONSA1.3
25 PLAN 1C - EXTERIOR ELEVATIONSA1.4
26 A2.0
27 A2.1.1
29 30
A2.2
PLAN 2C - EXTERIOR ELEVATIONS A2.4
32 FLOOR PLAN 1A1.1
33 A2.1
28 L.5 PRECISE PRELIMINARY TREE MITIGATION MEASURES PLAN 11 L.6 PRECISE PRELIMINARY HYDROZONE PLAN
12 13
FLOOR PLAN 2
FLOOR PLAN 2 ADDENDA
PLAN 2A - EXTERIOR ELEVATIONS
TM.6 PRELIMINARY STORMWATER CONTROL PLAN7
24 PLAN 2 FRONT ELEVATIONS
PLAN 2B - EXTERIOR ELEVATIONS A2.3
31 C.1 PLANNED DEVELOPMENT SITE PLAN8
DIGITAL COLOR BOARD
L.3 PRECISE PRELIMINARY LANDSCAPE DETAILS
14 34
TRACT 8670
L.7 PRECISE PRELIMINARY IRRIGATION PLAN15
L.8 PRECISE PRELIMINARY IRRIGATION PLAN16
L.9 IRRIGATION DETAILS17
L.10 IRRIGATION DETAILS18
L.11 LANDSCAPE NOTES19
L.12 PRECISE PRELIMINARY PLANTING PLAN20
L.13 PRECISE PRELIMINARY PLANTING PLAN21
Attachment IV
MOHR DRIVE
F:\3550\ACAD\TM\TM01.DWGCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.-9060300 VESTING TENTATIVE MAPMOHR DRIVE - TRACT 8670CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023EXISTING CONDITIONSTM.1
CONTACTSGENERAL NOTES
XXX
LEGENDPROPOSEDEXISTINGDESCRIPTIONABBREVIATIONSSHEET INDEXSheet NumberSheet Title
MOHR DRIVE PARCEL E
PARCEL D
DRIVE AISLE APARCEL A
7 1 2 3 4
5 98 1011 12PARCEL C
PARCEL B
6 F:\3550\ACAD\TM\TM02.DWG6040200 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.- VESTING TENTATIVE MAPMOHR DRIVE - TRACT 8670CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023 SITE PLANTM.2
ABBREVIATIONSPARKING SUMMARYPARKING TYPEPARKING PROVIDED
DRIVE AISLE ADRIVE AISLE AMOHR DRIVELEGEND
1 423
5 129 1110876DRIVE AISLE AAA
CC
EE
BB
FF
DDMOHR DRIVE
F:\3550\ACAD\TM\TM03.DWG6040200 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.- VESTING TENTATIVE MAPMOHR DRIVE - TRACT 8670CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023PRELIMINARY GRADING PLANTM.3
PROPOSEDDESCRIPTIONEXISTINGXXXLEGENDABBREVIATIONSSECTION B-BSECTION A-ASECTION D-DSECTION F-FSECTION E-ESECTION C-CPARCEL D PARCEL B1234
56789 1110 12PARCEL EPARCEL C
PARCEL DDRIVE AISLE APARCEL AMOHR DRIVE
F:\3550\ACAD\TM\TM04.DWG6040200 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.- VESTING TENTATIVE MAPMOHR DRIVE - TRACT 8670CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023PRELIMINARY UTILITY PLANTM.4
LEGENDPROPOSEDEXISTINGDESCRIPTIONUTILITY NOTESABBREVIATIONS
TYPICAL LOT UTILITIES(NORTH)
TYPICAL UTILITIES IN DRIVE AISLETYPICAL UTILITIES IN DRIVE AISLETYPICAL LOT UTILITIES(SOUTH)
MOHR DRIVE
1234
56789101112DRIVE AISLE A
F:\3550\ACAD\TM\TM05.DWG6040200 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.- VESTING TENTATIVE MAPMOHR DRIVE - TRACT 8670CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023FIRE TRUCK CIRCULATION PLANTM.5CITY OF HAYWARD FIRE DEPARTMENT WB-50TRUCK TURNING TEMPLATELEGEND
MOHR DRIVE
1234
56789101112
AB CBIORETENTION B
BIORETENTION A
BIORETENTION C
F:\3550\ACAD\TM\TM06.DWG6040200 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.- VESTING TENTATIVE MAPMOHR DRIVE - TRACT 8670CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023PRELIMINARY STORMWATER CONTROL PLANTM.6 PRELIMINARY STORM WATER TREATMENT SUMMARYAREA IDTREATMENTTYPEPERVIOUS AREA(SF)IMPERVIOUSAREA (SF)TREATMENTAREA REQUIRED(SF)*TREATMENTAREA PROVIDED(SF)LEGENDEXISTINGPROPOSEDADESCRIPTION
TYPICAL BIORETENTION AREA
MOHR DRIVE
LONG COURT
21 WONDERLAND WAY
3 4
5 76 1011 128 9
F:\3550\ACAD\TM\C1.0.DWG
SITE DENSITYSITE AREANET SITE AREAUNIT COUNTSITE DENSITY
SETBACK SUMMARYSETBACKDIMENSION (MINIMUM)DIMENSION (TYPICAL) 6040200 CIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMROSEVILLE(925) 866-0322(916) 788-4456OF SHEETSSHEET NO.C.1# VESTING TENTATIVE MAPPLANNED DEVELOPMENT SITE PLAN24656 & 24764 MOHR DRIVECITY OF HAYWARD ALAMEDA COUNTY CALIFORNIASCALE: 1" = 20'DATE: NOVEMBER 2023 LEGEND
UNIT MIXPLANSFTOTAL%
LOT SUMMARY TABLELOT #LOT AREA (SF)GROSS BUILDINGAREA (SF)BUILDINGCOVERAGEPRIVATE OPEN SPACE TYPICAL SETBACKSPLAN 2TYPICAL SETBACKSPLAN 1
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-580
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with Schaaf & Wheeler, and Increase the Contract Amount by $60,000, for a Total Not -to-Exceed Amount of $260,000 for Engineering Design Services for the Arf Avenue Trash Capture Project
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute an amendment to the Professional Services Agreement with Schaaf & Wheeler to increase the contract amount by $60,000 for a total not-to-exceed amount of $260,000 for engineering services related to the installation of a trash capture device on Arf Avenue, not to exceed $60,000.
SUMMARY
To comply with the trash reduction requirements of the Municipal Regional Stormwater Permit (MRP), the City is collaborating with Caltrans to fund, design, and construct a large trash capture device within the City’sstorm drain system to capture trash before the waters flow to the San Francisco Bay. The device will be located at Arf Avenue near Hesperian Boulevard and will be funded by Caltrans. The project mutually benefits the City and Caltrans as the area treated by the large trash capture device includes City and Caltrans right of way (ROW). The Arf Avenue project will be the second of two trash capture projects funded by Caltrans. The first was installed on Tennyson Road during the summer of 2023. The Arf Avenue project requires additional time and funds to develop a design that meets the approval requirements by the Alameda County Flood Control and Water Conservation District. The engineering design services as well as the installation of the large trash capture device will be fully funded by Caltrans.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:CONS 24-580
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT Adopt a Resolution Authorizing the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with Schaaf & Wheeler, and Increase the Contract Amount by $60,000, for a Total Not-to-Exceed Amount of $38,000 for Engineering Design Services for the Arf Avenue Trash Capture Project
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to execute an amendment to the Professional Services Agreement with Schaaf & Wheeler to increase the contract amount by $60,000 for a total not-to-exceed amount of $380,000 for engineering services related to the installation of a trash capture device on Arf Avenue.
SUMMARY
To comply with the trash reduction requirements of the Municipal Regional Stormwater Permit (MRP), the City is collaborating with Caltrans to fund, design, and construct a large trash capture device within the City’s storm drain system to capture trash before the waters flow to the San Francisco Bay. The device will be located at Arf Avenue near Hesperian Boulevard and will be funded by Caltrans. The project mutually benefits the City and Caltrans as the area treated by the large trash capture device includes City and Caltrans right of way (ROW). The Arf Avenue project will be the second of two trash capture projects funded by Caltrans. The first was installed on Tennyson Road during the summer of 2023. The Arf Avenue project requires additional time and funds to develop a design that meets the approval requirements by the Alameda County Flood Control and Water Conservation District. The engineering design services as well as the installation of the large trash capture device will be fully funded by Caltrans.
BACKGROUND
The National Pollution Discharge Elimination System (NPDES) program was established in 1972 by the Federal Clean Water Act (CWA). The NPDES program was amended in 1986 to regulate stormwater runoff and established a permitting structure for municipal discharge
to the waters of the state. From 1990 to 2009 each municipality in the Bay Area was regulated under countywide stormwater permits with individual requirements specific to each county. On October 14, 2009, the first regional stormwater permit, the Municipal Regional Permit (MRP), was adopted by the San Francisco Bay Regional Water Quality Control Board. The MRP regulated municipalities within the counties of Alameda, Contra Costa, Santa Clara, San Mateo as well as the cities of Fairfield, Suisun, and Vallejo and the Vallejo Sanitation and Flood Control District. Municipalities and local agencies included in the MRP are referred to as ‘Permittees’. The MRP is renewed about every five years and is currently on its third cycle (MRP 3.0).
Provision C.10 of the MRP includes the trash reduction requirements for Permittees to reduce all trash from stormwater systems to waters of the state by 90% by July 2023, and by 100% by July 2025.
On April 20, 20211, Council authorized a cooperative agreement with Caltrans to design and implement mutually beneficial trash reduction opportunities. The cooperative agreement for 3 million dollars allowed Caltrans to fund the design and installation of full trash capture devices. The first device, located within the Tennyson Road/880 freeway interchange, was installed in July 2023. On April 20, 20212, Council also authorized a contract with Schaaf & Wheeler for consultant services to design and assist with the trash capture device installations for a cost not-to-exceed $200,000. On September 12, 20233, Council authorized an amendment to the Schaaf & Wheeler contract for additional consultant services for cost not to exceed $120,000. In addition, on May 21, 20244, Council authorized a contract with GSW Construction, Inc. for contractor services to complete the Arf Avenue Trash Capture Project with a total not-to-exceed cost of $480,000. Council approved amending this contract for a cost not to exceed $647,800 on October 15, 20245.
In addition to the Tennyson Road project, the City currently has 629 small trash capture devices installed in storm drain catch basins and five large underground trash capture devices installed in storm drainpipes located at Tyrrell and Tennyson, Patrick Avenue and Cotter Way.
Altogether, the City currently has 90% credit for trash reduction, which meets the MRP deadline of July 2023.
Areas currently treated areas for trash using trash capture devices are highlighted in blue in Figure 1 below.
Figure 1. Areas of Trash Generation and Current Treatment
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=4916428&GUID=5A8A9657-693A-48B0-9D7F-7E207950AC98&Options=&Search= 3 https://hayward.legistar.com/LegislationDetail.aspx?ID=6343379&GUID=2C2C0AA3-7DF7-49AC-B38C- C155BEDE9B66&Options=&Search=
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=6697438&GUID=0657A930-B0AD-4745-83C1- 36BBE0BDB880&Options=&Search=
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=6892966&GUID=324C769C-3ED8-478F-B5BA-B4B8F1960B5B&Options=&Search=
The yellow and pink highlighted areas are the remaining areas to treat for trash (yellow is medium generating trash areas and pink are high generating trash areas).
Like the City, Caltrans also has a mandate to eliminate trash from stormwater from ROW.
Similar to the City, Caltrans has a trash reduction plan, which includes installing trash capture devices to remove trash from stormwater flowing on their ROW. Throughout Caltrans ROW there are very few opportunities to install large trash capture devices due to space needed for installation and the direction of stormwater flow along freeways. Caltrans and several cities have looked to collaborative projects to install trash capture devices downstream of Caltrans ROW, within city jurisdictions to capture trash in areas required to be treated for trash. The current collaboration between Hayward and Caltrans is helping both agencies achieve stormwater compliance for both agencies and is entirely funded by Caltrans.
High trash
Medium trash
Legend
Low trash
Treated areas
The Tennyson project was installed in July 2023. The remaining large trash capture device is proposed for Arf Avenue near Hesperian Boulevard. Figure 2 below shows the two project areas.
Figure 2. Arf Avenue and Tennyson Road Trash Capture Project Areas with Caltrans
The City will receive approximately 10% trash reduction credit with these two projects.
The Arf Avenue project needs additional engineering work to meet the Alameda County Flood Control’s requirements, which are intended to prevent flooding in the storm drainpipe. The remaining credits for compliance will be achieved with the Arf Avenue trash capture device and addressing private landowners with direct connections to the City’s storm sewer where City-owned devices cannot treat the stormwater. On April 11, 2023, Council adopted amendments to the stormwater ordinance allowing staff to work with property owners to further reduce trash. With the completion of the Arf Avenue project and the City working with private landowners under the City’s stormwater inspection program, the City will achieve 100% trash reduction compliance.
DISCUSSION
The original budget and contract with Schaaf & Wheeler were approved by Council in summer of 2021. The additional design work to meet Alameda County Flood Control requirements placed the Arf Avenue project on hold while Tennyson Road was being constructed. The additional time, design, and cost for Arf Avenue has been incorporated into an amended implementation agreement, which has been approved by Caltrans. The
engineering design services for Arf Avenue, to be provided by Schaaf & Wheeler, are estimated not-to-exceed $60,000. Council adoption of the attached resolution (Attachment II) would authorize the City Manager to amend the current agreement with Schaaf & Wheeler to incorporate the additional cost.
ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Minor Alteration of Existing Facilities) and Section 15302, Class 2 (Replacement or Reconstruction of Existing Facilities) of the CEQA Guidelines.
ECONOMIC IMPACT
There will be some benefit to the local economy as installation of the Arf Avenue project will create short-duration construction jobs.
FISCAL IMPACT
The cooperative agreement with Caltrans states that Caltrans will fund the design and construction of the projects including the cost of engineering services to be provided by Schaaf & Wheeler. The cost of the project will not impact the City’s General Fund or other funds. The approximate areas treated and adjusted budget for each project is provided in Table 1 below.
Table 1. Budget and Area Treated for Arf Avenue and Tennyson Road Projects
Project Total Area
(acres)
Total
Caltrans
Area
(acres)
Credit for
MRP
Trash
Reduction
Estimated Cost
for device and
installation
Arf Avenue 446 35 5% $500,000
Tennyson Road 436 84 5% $900,000
Consultant Services $200,000
Total Cost (as of 2024) $1,600,000
Proposed Additional Consultant Services $60,000
Proposed New Total Cost $1,660,000
The City will be responsible for maintaining the Arf Avenue device including cleaning the device periodically as with the other trash capture devices the City owns. The annual cost to maintain each device is approximately $2,000. Maintenance of the devices will be funded from the Stormwater Fund and will not impact the General Fund. In addition to the maintenance, the City’s financial contribution includes staff time associated with management of the design and installation of the devices.
STRATEGIC ROADMAP
This agenda item does not relate to a specific project identified in the Council-adopted Strategic Roadmap, but it supports the priority of Invest in Infrastructure.
SUSTAINABILITY FEATURES
Preventing pollution including trash from entering the waters of the state will benefit aquatic ecosystems and the health of the San Francisco Bay.
PUBLIC CONTACT
No public contact has been made regarding this agenda item. Public notices will be released prior to construction for the neighboring communities and businesses surrounding the project areas. Public notices will address any transportation or other modifications needed during construction to assist to public services.
NEXT STEPS
If approved, staff will amend the agreement with Schaaf & Wheeler and complete the installation of Arf Avenue. Staff will work with the consultant to finalize the additional design and requirements for the Arf Avenue device. The Arf Avenue project is anticipated to be complete in early spring of 2025.
Prepared by: Elisa Wilfong, Water Pollution Control Administrator Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SCHAAF & WHEELER, AND INCREASE THE CONTRACT AMOUNT BY $60,000, FOR A TOTAL NOT -TO-EXCEED AMOUNT OF $ 380,000 FOR ENGINEERING
DESIGN SERVICES FOR THE ARF AVENUE TRASH CAPTURE PROJECT
WHEREAS, the Municipal Regional Permit (MRP), adopted by the San Francisco Bay Regional Water Quality Control Board (Water Board) on May 11, 202 1 requires 100% removal of trash from the stormwater system by the year 2025; and
WHEREAS, the City has achieved 95% removal of trash and submitted to the Water Board a plan for compliance with the current MRP trash mandate; and
WHEREAS, the Project will result in the installation of a large trash capture device on Arf Avenue to filter trash and debris from the upstream watershed; and
WHERES, a watershed is defined as an area of land that drains all the streams and rainfall to a common outlet such as the outflow of a reservoir, mouth of a bay, or any point along a stream channel; and
WHEREAS, the Project is consistent with the City’s plan for compliance with the current MRP trash mandate; and
WHEREAS, the Alameda County Flood Control District owns property that is in the watershed and storm water from it will flow into the Project; and
WHEREAS, Caltrans and the City, pursuant to California Streets and Highways Code (SHC) Sections 114 and 130, have entered into a Cooperative Implementation Agreement for improvements to the State Highway System (SHS) as a watershed stakeholder within the City’s jurisdiction; and
WHEREAS, Caltrans has a willingness to contribute an amount not -to-exceed $750,000 dollars to the City to construct the Arf Avenue project under the cooperative agreement between Caltrans and the City, within the regional area under the jurisdictio n of the City to comply with their trash reduction mandate; and
WHEREAS, Schaaf & Wheeler and the City will amend the existing Professional Services Agreement for engineering services to design and manage the installation of the Arf Avenue Project with an additional cost not-to-exceed $60,000; and
WHEREAS, the Project will be completed by July 1, 202 5, to satisfy the Caltrans Cooperative Implementation Agreement funding schedule and MRP trash reduction requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized to negotiate and execute an amendment with Schaaf & Wheeler , for engineering services in creasing the not-to-exceed amount by $60,000 to $380,000, 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 24-584
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Appropriate $45,000 in Asset Forfeiture Fund Balance and to Transfer the Appropriation from the Asset Forfeiture Fund (265) to the General Fund (100) for New Wellness Equipment at the Police Department’s Wellness Center
RECOMMENDATION
Adopt a Resolution Authorizing the City Manager to Appropriate $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to Purchase New Equipment for the Hayward Police Department’s Wellness Center.
SUMMARY
The Hayward Police Department (HPD) strives to continue to prioritize the health and well-being of our sworn and professional staff and requests the use of asset forfeiture funds to replace broken and outdated wellness equipment at the department’s Wellness Center. Currently, a significant portion of the equipment has become unreliable, posing risks to both physical safety and overall wellness. Staff requests the appropriation and transfer of $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to purchase new equipment.
SUMMARY
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/14/2024Page 1 of 1
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Authorizing the City Manager to Appropriate $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to Purchase New Equipment for the Hayward Police Department’s Wellness Center
RECOMMENDATION
That the City Council adopts a resolution (Attachment II) authorizing the City Manager to appropriate $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to purchase new equipment for the Hayward Police Department’s Wellness Center.
SUMMARY
The Hayward Police Department (HPD) strives to continue to prioritize the health and well- being of our sworn and professional staff and requests the use of asset forfeiture funds to replace broken and outdated wellness equipment at the department’s Wellness Center.
Currently, a significant portion of the equipment has become unreliable, posing risks to both physical safety and overall wellness. Staff requests the appropriation and transfer of $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to purchase new equipment.
BACKGROUND AND DISCUSSION
The current wellness equipment at the HPD Wellness Center was originally purchased in 2005, and since then, several key machines—such as the treadmill, elliptical trainer, and weight machines—have become outdated, broken, or are no longer functioning properly.
These pieces of equipment are frequently out of service due to mechanical failures or general wear and tear, resulting in extended periods of unavailability. As a result, officers are unable to fully utilize the facility effectively. Additionally, some of the equipment has deteriorated to the point where it poses safety risks, making it unsuitable for regular use.
These equipment issues directly affect the Wellness Center’s ability to support the physical health and fitness of our officers, which is critical to their overall well-being and performance.
Physical fitness is a key part of an officer’s ability to perform their duties effectively, and the Wellness Center plays an important role in supporting that need. Without reliable, functional equipment, the center is unable to fully serve its intended purpose. The limited availability of
equipment and safety concerns have already led to officer dissatisfaction and have hindered their ability to maintain a consistent fitness routine.
Replacing the outdated and broken wellness equipment with new, modern machines will address these issues and provide several important benefits. First, new equipment will meet current safety standards, ensuring that officers can use the machines without risk of injury caused by broken or outdated equipment. It will also increase the overall reliability of the Wellness Center, providing officers with consistent access to the equipment they need to stay physically fit. Moreover, upgrading to modern wellness equipment will enhance the overall user experience, helping to improve officer morale and satisfaction.
The replacement of this equipment will also have a positive impact on the overall efficiency and functionality of the Wellness Center. Modern equipment is designed to be more versatile, user-friendly, and durable, which will support a broader range of fitness needs. By upgrading the equipment, we can ensure that the center remains a valuable resource for sworn and professional staff, enabling them to meet their fitness goals and maintain optimal physical readiness.
FISCAL IMPACT
The proposed replacement of broken and outdated wellness equipment at the Police Department Wellness Center will be funded entirely through asset forfeiture funds, which are designated for law enforcement purposes. Staff recommends transferring $45,000 in asset forfeiture funding to the General Fund for the purchase of needed wellness equipment.
Asset forfeiture funds are seized by law enforcement agencies through legal processes from individuals or organizations involved in criminal activity. These funds typically come from the confiscation of assets linked to illegal activities, such as drug trafficking, money laundering, or organized crime. Under state and federal law, law enforcement agencies can use these forfeited assets for specific purposes related to enhancing public safety, such as funding equipment, training, or community programs. Using these funds for the purchase of new wellness equipment ensures that the Police Department can continue to provide a high-quality fitness facility for its officers without diverting resources from other critical public services.
The investment in upgraded wellness equipment will improve officer safety, health, and performance by providing reliable, modern, and safe equipment. This will contribute to enhanced physical readiness, better job satisfaction, and improved retention of police staff.
The use of asset forfeiture funds for this purpose is a strategic investment in the department’s personnel, directly supporting their ability to serve the community while ensuring fiscal responsibility.
STRATEGIC ROADMAP
This agenda item supports the Council’s Strengthen Organizational Health Strategic Priority. Although it doesn’t directly correspond to a specific project, this item relates to and supports projects R12 Conduct a workplace safety assessment for all workplace locations and implement phased improvements, and R13 Develop the Police Department’s wellness program.
NEXT STEPS
Upon City Council approval, the above-described funds would be appropriated and transferred from the Asset Forfeiture Fund to the Hayward Police Department’s General Fund account.
Prepared by: Laura Gomez, Senior Management Analyst
Recommended by: Bryan Matthews, Chief of Police
Approved by:
_____________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member _
RESOLUTION AUTHORIZI NG THE CITY MANAGER TO APPROPRIATE $45,000 FROM THE ASS ET FORFEITURE FUND ( 265) TO THE GENERAL FUND (100) TO PURCHASE NEW EQU IPMENT FOR THE HAYWA RD POLICE DEPARTMENT’S WELLNESS CENTER
WHEREAS, the Hayward Police Department strives to continue to prioritize the health and well-being of sworn and professional staff;
WHEREAS, t he current wellness equipment at the Hayward Police Department Wellness Center was originally purchased in 2005, and since then, a significant portion of the equipment has become unreliable, posing risks to both physical safety and overall wellness;
WHEREAS, the total amount being requested to cover the cost of new wellness equipment is $45,000;
WHEREAS, funding new wellness equipment with Asset Forfeiture Funds will improve officer safety, health, and performance by providing reliable, modern, and safe equipment without impacting the City’s general fund; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby authorizes the City Manager to appropriate $45,000 from the Asset Forfeiture Fund (265) to the General Fund (100) to purchase new equipment for the Hayward Police Department Wellness Center.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-585
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Approving an Exception to the 180-Day Wait Period Requirement for Two Retired CalPERS Annuitants to Work Within the Hayward Communications Center
RECOMMENDATION
That the Council adopt a resolution (Attachment II), by means of an action item, which approves an exception for two (2) retired Communications Supervisors to return to work as Retired Annuitants prior to the required CalPERS 180-day wait period.
SUMMARY
The Hayward Communications Center is currently facing severe staffing shortages. In July, 2024, two Communications Supervisors retired. This has resulted in additional mandatory overtime shifts for existing Communications Center Employees.
CalPERS allows retired employees to return to a CalPERS employer in an “Extra Help” capacity. While CalPERS generally requires a 180-waiting period for retirees to return in an annuitant position, Council may approve an exception to the waiting period if there is a critical need. Such a need exists currently to perform work in excess of what regular staff can perform, and both employees are committed to returning to work as Retired Annuitants immediately after their retirements. To do so, Council is asked to approve an exception to the CalPERS 180-day waiting period.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
CITY OF HAYWARD Printed on 11/15/2024Page 1 of 1
powered by Legistar™
1 DATE: November 19, 2024
TO: Mayor and City Council
FROM: Chief of Police
SUBJECT: Adopt a Resolution Approving an Exception to the 180-Day Wait Period Requirement for Two Retired CalPERS Annuitants to Work Within the Hayward Communications Center
RECOMMENDATION
That the Council adopt a resolution (Attachment II), by means of an action item, which approves an exception for two (2) retired Communications Supervisors to return to work as Retired Annuitants prior to the required CalPERS 180-day wait period.
SUMMARY
The Hayward Communications Center is currently facing severe staffing shortages. In July, 2024, two Communications Supervisors retired. This has resulted in additional mandatory overtime shifts for existing Communications Center Employees.
CalPERS allows retired employees to return to a CalPERS employer in an “Extra Help” capacity. While CalPERS generally requires a 180-waiting period for retirees to return in an annuitant position, Council may approve an exception to the waiting period if there is a critical need. Such a need exists currently to perform work in excess of what regular staff can perform, and both employees are committed to returning to work as Retired Annuitants immediately after their retirements. To do so, Council is asked to approve an exception to the CalPERS 180-day waiting period.
BACKGROUND
A CalPERS retiree may return to work with a CalPERS employer in a designated retired annuitant position subject to rules set forth in the California Government Code. As both employees are CalPERS contributors, they are subject to these provisions, which include a 180-day waiting period following the date of retirement before returning to a CalPERS position. Government Code section 7522.56 allows for an exception to the 180-day waiting period if the appointment is necessary to fill a critically needed position before 180 days have passed, and the appointment has been approved by the governing body of the employer in a public meeting. The appointments must be approved as action items, rather
2 than on a consent calendar. (See also “A Guide to CalPERS - Employment After Retirement.” CalPERS, www.calpers.ca.gov/docs/forms-publications/employment-after-retirement.pdf).
Under the CalPERS Retired Annuitant rules, there are two types of retired annuitant employment: “Extra Help” positions and interim (or acting) positions. The Department asks that Council approve the appointment for two (2) Extra Help positions with the understanding that the additional Government Code requirements will be met throughout the duration of the employment. Both the annuitants and the City will bear equal responsibility to ensure the following restrictions are met:
The employment is for a limited duration. While the workload may last more than one fiscal year, the employment will terminate when the limited-duration work for which the annuitants are hired is completed.
The hourly rate of pay cannot be less than the minimum or exceed the maximum paid to other employees performing comparable duties.
The City will enroll each annuitant and report all hours to CalPERS, with total hours not exceeding 960 hours per employee in a fiscal year (July 1 through June 30).
Neither employee will be under “normal retirement age” on their anticipated retirement date; therefore, additional requirements pertaining to younger retirees will not apply to these appointments.
DISCUSSION
Staffing levels within the Communications Center are at historic lows. as there are six (6) vacant positions among an authorized total of 21 Communication Operator positions. In addition, the Call-Taker position which supports Communication Operators is authorized for seven (12) positions with five (5) current vacancies. Additionally, there are two (2) vacant positions among an authorized total of five (5) Communications Supervisors. Due to the high vacancy rates, Communications Center personnel are being required to work weekly overtime shifts to meet staffing requirements and demands of the city.
While exhaustive efforts are underway to increase staffing levels through recruitment, advertising, and hiring bonuses, the successful hiring of qualified candidates has remained challenging. Based on strict hiring requirements which include a background, polygraph, and psychiatric and medical exams, most candidates are simply unable to make it through.
It is evident there is a critical need to reduce the 180-day wait period for impending retirees to return to work as annuitants.
Staff recommends that the City Council adopt a resolution (Attachment II), by means of an action item, which approves an exception for two (2) retiring Communications Supervisors, Yvette Arteaga-Largent and Samira Stanley, to return to work as Retired Annuitants prior to the required CalPERS 180-day wait period. The effective return-to-work date for both employees will be December 2, 2024.
3 FISCAL IMPACT
The Retired Annuitant Communications Operator positions will be funded using salary savings from vacancies in currently budgeted positions, therefore no additional General Fund impact is anticipated.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Roadmap.
NEXT STEPS
If City Council authorizes this action, staff will appropriate the funding into the Police Department’s budget to fund two (2) Communications Operator Retired Annuitant positions, effective December 2, 2024.
Prepared by: Michael DeOrian, Communications Administrator
Recommended by: Bryan Matthews, Chief of Police
Approved by:
_______________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITYCOUNCIL
RESOLUTION NO. 24-
Introduced by Council Member
RESOLUTION AUTHORIZING THE EXCEPTION TO THE 180 -DAY WAITING PERIOD REQUIREMENT FOR UP TO TWO (2) RETIRED CALPERS
ANNUITANTS TO WORK AS CITY OF HAYWARD COMMUNICATIONS
OPERATORS
WHEREAS, The Hayward Communications Center is currently facing severe staffing shortages, which will increase by the end of 2024; and
WHEREAS, employee retirements will increase mandated overtime shifts, delay public safety responses, and be a tipping point for Communications Center morale; and
WHEREAS, CalPERS allows retired employees to return to a CalPERS employer in an “Extra Help” capacity; and
WHEREAS, CalPERS generally requires a 180-waiting period for retirees to return in an annuitant position but Council may approve an exception to the waiting period if there is a critical need; and
WHEREAS, retiring employees are committed to returning to work and assisting with excess work as Retired Annuitants immediately after their retirements become effective.
NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the exception to the 180-day waiting period requirement for up to two (2) retired CalPERS annuitants to work as City of Hayward Communications Operators beginning December 2, 2024.
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:
APPROVED AS TO FORM:
ATTEST:
City Clerk of the City of Hayward
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-591
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT
Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memorandum of Understanding, Section 10.01- Defined Benefit Retirement Program between the City of Hayward and the Service Employees International Union, Local 1021 - Maintenance and Operations Union to Clarify Employee Pension Cost-Share Requirements for all Eligible Classic and PEPRA Members
RECOMMENDATION
That Council adopts the resolution (Attachment II) for the side letter of agreement amending the memorandum of understanding (MOU) with the SEIU Local 1021 - Maintenance and Operations Unit (“Union”), Section 10.01 Defined Benefit Retirement Program provision between the City of Hayward (“City”),to clarify the employee cost-share requirements for all eligible Classic and PEPRA members with respect to CalPERS pension costs.
SUMMARY
Employee-paid Employer Contributions, known as the Employer Cost-Share, rates were previously negotiated between the City and the Union during the Memorandum of Understanding (MOU) period of January 1, 2021, through June 30, 2024. The terms of the MOU state that both Classic and PEPRA members shall be responsible for contributing to the City’s employer rate to the California Public Employees’Retirement System (CalPERS). Classic and PEPRA bargaining unit members shall contribute four- and one-half percent (4.5%), effective the pay period including July 1, 2017, and increase by one half of one percent (.5%) to a total of five percent (5.0%), effective the pay period including January 1, 2021. While the contract provisions set forth under Section 10.01 - Defined Benefit Retirement Program explicitly define the required bargaining unit required contribution rate increase effective the pay period including July 1, 2021, due to unintentional administrative omission the defined increase was not implemented. In order to implement this contractual agreement, the City is required to amend its contract with CalPERS before implementing the required five percent (5%) employer cost-share rate.
Effective December 30, 2024, Section 10.01 Defined Benefit Retirement Program shall be amended as set forth below.
As such, the City and the Union have met and conferred on the matter and entered into this Side Letter of Agreement to clarify MOU language with respect to the CalPERS retirement plan employee cost-share CITY OF HAYWARD Printed on 11/15/2024Page 1 of 2
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File #:CONS 24-591
Agreement to clarify MOU language with respect to the CalPERS retirement plan employee cost-share agreement to ensure compliance with CalPERS guidelines.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Side Letter of Agreement
CITY OF HAYWARD Printed on 11/15/2024Page 2 of 2
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Human Resources
SUBJECT: Adopt a Resolution to Execute a Side Letter of Agreement Amending the Memorandum of Understanding, Section 10.01– Defined Benefit Retirement Program between the City of Hayward and the Service Employees International Union, Local 1021 – Maintenance and Operations Union to Clarify Employee Pension Cost-Share Requirements for all Eligible Classic and PEPRA Members
RECOMMENDATION
That Council adopts the resolution (Attachment II) for the side letter of agreement amending the memorandum of understanding (MOU) with the SEIU Local 1021 – Maintenance and Operations Unit (“Union”), Section 10.01 Defined Benefit Retirement Program provision between the City of Hayward (“City”), to clarify the employee cost-share requirements for all eligible Classic and PEPRA members with respect to CalPERS pension costs.
BACKGROUND AND SUMMARY
Employee-paid Employer Contributions, known as the Employer Cost-Share, rates were previously negotiated between the City and the Union during the Memorandum of Understanding (MOU) period of January 1, 2021, through June 30, 2024. The terms of the MOU state that both Classic and PEPRA members shall be responsible for contributing to the City’s employer rate to the California Public Employees’ Retirement System (CalPERS). Classic and PEPRA bargaining unit members shall contribute four- and one-half percent (4.5%), effective the pay period including July 1, 2017, and increase by one half of one percent (.5%) to a total of five percent (5.0%), effective the pay period including January 1, 2021. While the contract provisions set forth under Section 10.01 – Defined Benefit Retirement Program explicitly define the required bargaining unit required contribution rate increase effective the pay period including July 1, 2021, due to unintentional administrative omission the defined increase was not implemented. In order to implement this contractual agreement, the City is required to amend its contract with CalPERS before implementing the required five percent (5%) employer cost-share rate. Effective December 30, 2024, Section 10.01 Defined Benefit Retirement Program shall be amended as set forth below.
As such, the City and the Union have met and conferred on the matter and entered into this Side Letter of Agreement to clarify MOU language with respect to the CalPERS retirement plan employee cost-share agreement to ensure compliance with CalPERS guidelines.
DISCUSSION
The City and the Union have met and discussed in good faith and agree to amend Section10.01 Retirement Plan effective December 30, 2024, as set forth below.
The City will continue to contract with CalPERS to provide a retirement program for employees. Bargaining Unit members deemed classic employees shall have the following retirement benefit package:
Benefits shall include:
1. Two and a half percent (2.5%) at age fifty-five (55) benefit formula
2. Fourth (4th) Level of 1959 Survivor's Benefits
3. One (1) Year Final Compensation
4. Military Service Credit as Public Service
5. Continuation of Pre-Retirement Death Benefit after Remarriage of Survivor.
These benefit plans require an employee contribution of eight percent (8%) for “Classic” bargaining unit members. Classic employees shall pay the full employee contribution of eight percent (8%), which shall be paid by the employee on a pre-tax basis in accordance with IRS Section 414(h)(2) method of reporting retirement payments. In addition, “Classic” bargaining unit members shall be responsible to contribute to the City’s employer contributions to CalPERS as follows:
Effective the pay period including July 1, 2017, four and one-half percent (4.5%).
Effective December 30, 2024 (the pay period including January 1, 2025) increase by one half of one percent (.5%) to a total five percent (5.0%).
The City has amended its contract with CalPERS to allow employees to receive CalPERS credit for the additional contributions made to CalPERS on the City’s behalf.
New members as defined by the Public Employees’ Pension Reform Act (PEPRA) pension reform statute shall have a retirement formula dictated by law and shall be required to pay at least fifty percent (50%) of the normal cost of their pension as identified, and periodically revised, by CalPERS or eight percent (8%) whichever is greater up to the legal maximum. In addition, “New” bargaining unit members shall be responsible to contribute to the City’s employer contributions to CalPERS as follows:
Effective the pay period including July 1, 2017, four and one-half percent (4.5%).
Effective December 30, 2024 (the pay period including January 1, 2025) increase by one half of one percent (.5%) to a total of five percent (5.0%).
The City agrees to amend its contract with CalPERS to allow employees to receive CalPERS credit for the additional contributions made to CalPERS on the City’s behalf.
FISCAL IMPACT
There is no fiscal impact, as the FY 2025 Adopted Budget reflects the Employer Cost-Share at five percent (5.0%).
STRATEGIC INITIATIVES
This agenda item is a routine operational item and does not relate to one of the Council’s Strategic Initiatives.
NEXT STEPS
Human Resources staff will work with CalPERS to change the existing cost-sharing amounts in our CalPERS contract.
Prepared by: July Cole, Human Resources Manager
Recommended by: Brittney Frye, Director of Human Resources
Approved by:
___________________________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24 ______
Introduced by Council Member _____
RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU), SECTION 10.01 DEFINED BENEFIT RETIRMENT
PROGRAM BETWEEN THE CITY OF HAYWARD AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 – MAINTENANCE AND OPERATIONS (SEIU 1021), TO CORRECTLY REFLECT THE EMPLOYEE PAID COST -SHARE
RETIREMENT CONTRIBUTION AMOUNT FOR CLASSIC AND PEPRA MEMBERS
WHEREAS, the current MOU, Section 10.01 Defined Benefit Retirement Program between the City of Hayward and SEIU 1021, correctly reflects the employee paid employer cost-share contribution amount for Classic and PEPRA members, the employee paid cost-share amount was not implemented; and
WHEREAS, the proposed change will correct this omission and effective December 30, 2024 (the pay period including January 1, 2025) increase by .5% to a total of 5.0%; and
WHEREAS, the City agrees to amend its contract with CalPERS to allow employees to receive CalPERS credit for the additional contributions made to CalPERS on the City’s behalf.
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the correction to the MOU, Section 10.01 Defined Benefit Retirement Program provision for the period beginning of January 1, 2025, and until the parties agree otherwise, and authorizes staff to execute said agreements, a copy of which will be on file in the Office of the City Clerk.
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:__________________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
___________________________________________
City Attorney of the City of Hayward
CalPERS CONTRIBUTIONS COST-SHARE
SIDE LETTER OF AGREEMENT
BETWEEN
CITY OF HAYWARD
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021
MAINTENACE AND OPERATIONS UNIT
This side letter of agreement is entered into by and between the City of Hayward (“City”) and the Service Employees International Union, Local 1021 – Maintenance and Operations Unit (“Union”), collectively referred to as the Parties, regarding the following:
Employee-paid Employer Contributions, known as the Employer Cost-Share, rates were previously negotiated between the City and the Union during the Memorandum of Understanding (MOU) period of January 1, 2021, through June 30, 2024. The terms of the MOU state that both Classic and PEPRA members shall be responsible for contributing to the City’s employer rate to the California Public Employees’ Retirement System (CalPERS). Classic and PEPRA bargaining unit members shall contribute four and one half percent (4.5%), effective the pay period including July 1, 2017, and increase by one half of one percent (.5%) to five percent (5.0%), effective the pay period including January 1, 2021. While the contract provisions set forth under Section 10.01 – Defined Benefit Retirement Program explicitly define the required bargaining unit required contribution rate increase effective the pay period including January 1, 2021, due to unintentional administrative omission the defined increase was not implemented.
In order to implement this contractual agreement, the City is required to amend its contract with CalPERS before implementing the required five percent (5%) employer cost-share rate.
Effective December 30, 2024, Section 10.01 Defined Benefit Retirement Program shall be amended as set forth below.
The City will continue to contract with CalPERS to provide a retirement program for employees. Bargaining Unit members deemed classic employees shall have the following retirement benefit package:
Benefits shall include:
1. Two and a half percent (2.5%) at age fifty-five (55) benefit formula
2. Fourth (4 th) Level of 1959 Survivor's Benefits
3. One (1) Year Final Compensation
4. Military Service Credit as Public Service
Attachment III
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021
2 5. Continuation of Pre-Retirement Death Benefit after Remarriage of Survivor.
These benefit plans require an employee contribution of eight percent (8%) for “Classic” bargaining unit members. Classic employees shall pay the full employee contribution of eight percent (8%), which shall be paid by the employee on a pre- tax basis in accordance with IRS Section 414(h)(2) method of reporting retirement payments. In addition, “Classic” bargaining unit members shall be responsible to contribute to the City’s employer contributions to CalPERS as follows:
Effective the pay period including July 1, 2017, four and one-half percent (4.5%).
Effective December 30, 2024 (the pay period including January 1, 2025) increase by one half of one percent (.5%) to a total five percent (5.0%).
The City has amended its contract with CalPERS to allow employees to receive CalPERS credit for the additional contributions made to CalPERS on the City’s behalf.
New members as defined by the Public Employees’ Pension Reform Act (PEPRA) pension reform statute shall have a retirement formula dictated by law and shall be required to pay at least fifty percent (50%) of the normal cost of their pension as identified, and periodically revised, by CalPERS or eight percent (8%) whichever is greater up to the legal maximum. In addition, “New” bargaining unit members shall be responsible to contribute to the City’s employer contributions to CalPERS as follows:
Effective the pay period including July 1, 2017, four and one-half percent (4.5%).
Effective December 30, 2024 (the pay period including January 1, 2025) increase by one half of one percent (.5%) to a total of five percent (5.0%).
The City agrees to amend its contract with CalPERS to allow employees to receive CalPERS credit for the additional contributions made to CalPERS on the City’s behalf.
For the Union: For the City:
_________________________________ _______________________________ Robert Mitchell, Sr., President Local 1021 Dustin Claussen, Interim City Manager _________________________________ __________________________________ Nathan Hansford, Field Representative Brittney Frye, Human Resources Director Dated __________________________ Dated__________________________ Attachment II
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-593
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT
Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $60,000 for the Removal of Underground Fuel Storage Tanks for a Not-to Exceed Amount of $222,343 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to amend the Contract with EBA Engineering (EBA) for additional services to remove an additional three underground fuel storage tanks for the Mission Boulevard Corridor Improvements Phase 3 project by $60,000 for a not -to-exceed amount of $222,343.
SUMMARY
Construction of the Mission Boulevard Corridor Improvements Phase 3 project from A Street to Rose Street started on July 10, 2023. After the start of construction, several unforeseen issues were encountered that have extended the estimated construction completion date to Summer of 2025.
One of the issues encountered during construction was an unanticipated existing underground fuel storage tank (UST). The UST encountered was removed by EBA through a purchase order. On September 17, 2024, Council authorized the City Manager to amend EBA’s contract to remove three additional USTs when these were discovered at a different location. Since then, another UST has been discovered and needs to be removed. The cost to remove this additional UST exceeds the previous amended amount.
Staff recommends that Council authorizes the City Manager to amend the contract with EBA to increase the contract amount by $60,000, with a total NTE amount of $222,343.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Director of Public Works
SUBJECT: Adopt a Resolution Authorizing the City Manager to Amend the Contract with EBA Engineering by $60,000 for the Removal of Underground Fuel Storage Tanks for a Not-to Exceed Amount of $222,343 for the Mission Boulevard Corridor Improvements Phase 3 Project, Project No. 05287
RECOMMENDATION
That Council adopts the attached resolution (Attachment II) authorizing the City Manager to amend the Contract with EBA Engineering (EBA) for additional services to remove an additional three underground fuel storage tanks for the Mission Boulevard Corridor Improvements Phase 3 project by $60,000 for a not-to-exceed amount of $222,343.
SUMMARY
Construction of the Mission Boulevard Corridor Improvements Phase 3 project from A Street to Rose Street started on July 10, 2023. After the start of construction, several unforeseen issues were encountered that have extended the estimated construction completion date to Summer of 2025.
One of the issues encountered during construction was an unanticipated existing underground fuel storage tank (UST). The UST encountered was removed by EBA through a purchase order. On September 17, 2024, Council authorized the City Manager to amend EBA’s contract to remove three additional USTs when these were discovered at a different location. Since then, an additional UST has been discovered and needs to be removed. The cost to remove additional USTs exceeds the previous amended amount.
Staff recommends that Council authorizes the City Manager to amend the contract with EBA to increase the contract amount by $60,000, with a total NTE amount of $222,343.
BACKGROUND
Construction of Phase 1 of the Mission Boulevard Corridor Improvement Project from A Street to Industrial Parkway and Foothill Boulevard from Mission Boulevard to Apple
Avenue was completed in January 2014. Construction of Phase 2 of the project from Industrial Parkway to the south City limit at Blanche Street was completed in March 2021.
The third and final phase of the Mission Boulevard Corridor Improvement Phase 3 project is from A Street to the north City limit at Rose Street.
On February 07, 20231, Council adopted a resolution approving the plans and specifications for the construction of the Mission Boulevard Corridor Improvement Phase 3 project and call for bids. On April 25, 20232, Council adopted a resolution awarding the construction contract to general contractor DeSilva Gates Construction for the construction of this project.
Construction for the project started on July 10, 2023. After removal of the sidewalk on the west side of Mission Blvd., between Smalley Avenue and A Street an underground fuel storage tank (UST) was uncovered by the contractor. A cost proposal from the general contractor was received; however, due to high cost quoted for testing and removal of the UST, staff requested cost proposals from other certified tank removal contractors. EBA, who has successfully removed USTs in another City project had the lowest cost. EBA’s cost proposal included permitting, removal of the tank by a certified tank removal subcontractor, testing of the soil and final reporting. A purchase order was issued to EBA after which the UST was successfully removed, the underlying soil was tested and the final reporting completed.
When the contractor removed the sidewalk on the west side of Mission Blvd., between Grace Street and Melvin Court, they uncovered three additional USTs. EBA’s cost proposal to remove the three USTs is $57,630.69, which includes soil testing and final reporting.
On September 17, 20243, Council authorized the City Manager to amend EBA’s contract by $57,630.69 for a not-to-exceed amount of $162,343 to remove three additional USTs.
DISCUSSION
Demolition of the existing sidewalk is at its final stretch of this project in the northbound direction from A Street to Grace Street. On November 7, 2024, during sidewalk demolition, one UST was discovered on the east side of Mission Blvd., between Hotel Avenue and Grace Street. With the remaining sidewalk between A Street and Hotel Avenue that has not yet been demolished, if additional USTs are discovered, staff recommends including removal of two additional tanks. If none are discovered, EBA will not invoice for the additional tanks. EBA’s cost proposal to remove three USTs is $60,000 which includes soil testing and final reporting.
Staff recommend execution of an amendment to increase the value of the contract with EBA for UST removal services by $60,000 for a total not-to-exceed contract amount of $222,343.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6016047&GUID=BF9CF5A0-AF01-4CA0-9A64- 8AA3D25988FC&Options=&Search=
2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6187475&GUID=F3CFD36B-63D9-457D-A1B1- 7A19356405F1&Options=&Search=
3 https://hayward.legistar.com/LegislationDetail.aspx?ID=6863970&GUID=E883144E-0D07-4ADC-9CC9- EAE883AF9393&Options=&Search=
ECONOMIC IMPACT
Since a portion of this project is funded by Measure BB, this project is required to meet Local Business Contracting Equity (LBCE) Program goals. The participation goals are 60% for Local Business Enterprise (LBE) and 20% for Small Local Business Enterprise (SLBE) pursuant to the Alameda CTC Local LBCE Program. DeSilva Gates Construction (DGC) has listed 37% LBE participation and 4% SLBE participation which do not meet the goals; however, DGC has provided documentation of good faith efforts. Staff continues to track DGC’s listed LBE and SLBE participation throughout construction.
In addition to the LBCE goals, the City’s Community Workforce Agreement is a requirement of the contract since the engineer’s estimate is over $1,000,000. One of the CWA goals is that Hayward residents and especially Hayward Unified School District Graduates will perform a minimum 30% of the hours worked on a craft-by-craft basis.
Currently, plumber/pipefitters are meeting the goal at 41%, electricians are at 33%, laborers are at 26%, cement masons are at 13%, teamsters are at 1%, operating engineers are at 8%, carpenters and paving are both at 0%. Staff continues to track and remind the contractor of the goal.
Completion of Phase 3 improvements will result in a complete street and positive economic benefits for businesses along the Mission Boulevard Corridor. Additionally, this project will contribute to the economic vitality of the City and County since this project is required to meet the LBCE goals.
FISCAL IMPACT
The estimated project costs for Phase 3 are as follows:
Estimated Cost
Design $1,800,000
Construction $15,742,743
Construction Contingency (ACO) $1,574,274
Estimated PG&E Contract for Undergrounding $1,800,000
Construction Admin, Inspection, Testing $2,288,000
Phase 3 Project Total $23,205,017
The Adopted FY25 CIP includes a total of $23,205,017 for the Mission Boulevard Corridor Improvements Phase 3 project. Staff recommends funding the increase costs for the amendment amount with EBA through the project. Currently, there is sufficient funding in Construction Admin, Inspection and Testing to fund the requested amendment to the contract with EBA.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Improve Infrastructure. Specifically, this item relates to the implementation of the following project:
Project 7c: Complete design of Mission Boulevard Phase 3 and construction
SUSTAINABILITY FEATURES
This project incorporates sustainability features as they relate to water, energy, and the environment. Additionally, improvements such as the cycle track and sidewalk will promote health through physical activity.
PUBLIC CONTACT
Prior to the start of construction, notices were mailed to businesses and residents informing them of the work and start of construction. Businesses and residents are also notified prior to temporary closures at their frontage for demolition of the sidewalk and improvements. The USTs mentioned in the Discussion section have delayed work at the frontage of the business where existing sidewalks have been removed.
NEXT STEPS
If Council approves the resolution for this amendment, staff will increase the contract amount with EBA. EBA has tentatively scheduled removal of the on November 21, 2024.
Prepared by: Dave Hung, Senior Civil Engineer
Kathy Garcia, Deputy Director of Public Works
Recommended by: Alex Ameri, Director of Public Works
Approved by:
____________________________
Dustin Claussen, Interim City Manager
ATTACHMENT II
HAYWARD CITY COUNCIL
RESOLUTION NO. 24-____
Introduced by Council Member __________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE CONTRACT WITH EBA ENGINEERING FOR
UNDERGROUND STORAGE TANK REMOVAL SERVICES FOR THE MISSION BOULEVARD CORRIDOR IMPROVEMENTS PHASE 3 PROJECT
WHEREAS, the aforesaid parties have entered into that certain Contract dated 29th day of March 2024 between the City of Hayward and EBA Engineering, for Mission Boulevard Corridor Improvements Phase 3”; and
WHEREAS, by Resolution No. 24-080 on September 17, 2024, the City Council adopted a resolution authorizing the City Manager to execute an amendment to the contract with EBA Engineering by $57,630.69 for a total not-to-exceed amount of $162,343; and
WHEREAS, the City and the Consultant desire to amend the Contract in certain respects to provide additional underground storage tank removal services for the Mission Boulevard Corridor Improvements Phase 3 Project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hayward that the City Manager is hereby authorized to execute, on behalf of the City of Hayward, an amendment to the contract with EBA Engineering for additional underground storage tank removal services in an amount not -to-exceed $60,000, thereby increasing the total contract amount to a total not -to-exceed $222,343 associated with the Mission Boulevard Corridor Improvements Phase 3 Project, in a form approved by the City Attorney.
ATTACHMENT II
IN COUNCIL, HAYWARD, CALIFORNIA , 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 24-598
DATE: November 19, 2024
TO: Mayor and City Council
FROM: Assistant City Manager & Director of Library Services
SUBJECT
Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Bhogal Brother Construction Inc., for the Weekes Branch Library Improvement Project, Project No. BD051 in the Amount of $379,600, Approve an Administrative Change Order Budget of $75,920, and Close the Weekes Branch Library During Renovations
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to:
(1) Award a construction contract with Bhogal Brother Construction Inc., for the Weekes Branch Infrastructure Improvement Project, at the Weekes Branch Library, located at 27300 Patrick Ave., in the amount not to exceed $379,600, and authorize an administrative change order budget of $75,920 for a total not-to-exceed contract amount of $455,520; and (2) Close the Weekes Branch Library from November 28, 2024, to March 31, 2025, to perform the Weekes Branch infrastructure improvements.
SUMMARY
This report seeks Council approval to the award a contract to support the Weekes Library infrastructure improvement project. In recent years, the City has initiated several Community Development Block Grant (CDBG) funded projects addressing unmet needs across the City that align with the City’s approved annual action plans to serve residents of low- and moderate-income area. As an extension of these efforts, on August 20, 2024, Council approved the use of CDBG funds to address a critical need identified at the Weekes Branch Library, which provides vital services to predominantly low-income, high-need, and historically under-served South Hayward residents.
On October 10, 2024, the project received four (4) bids. Staff recommends that Council award the contract to the responsible low bidder, Bhogal Brother Construction Inc., of Hayward, CA in the amount of $379,600 and authorize an administrative change order budget of $75,920 to cover construction contingencies for a total not-to-exceed contract amount of $455,520.
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ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Weekes Branch Renovation Bid Document
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DATE: November 19, 2024
TO: Mayor and City Council
FROM: Assistant City Manager
Director of Library Services
SUBJECT: Adopt a Resolution Authorizing the City Manager to Award a Construction Contract to Bhogal Brother Construction Inc., for the Weekes Branch Library Improvement Project, Project No. BD051 in the Amount of $379,600, Approve an Administrative Change Order Budget of $75,920, and close the Weekes Branch Library during renovations.
RECOMMENDATION
That the Council adopts a resolution (Attachment II) authorizing the City Manager to:
(1) Award a construction contract with Bhogal Brother Construction Inc. , for the Weekes Branch Infrastructure Improvement Project, at the Weekes Branch Library, located at 27300 Patrick Ave., in the amount not to exceed $379,600, and authorize an administrative change order budget of $75,920 for a total not-to-exceed contract amount of $455,520; and
(2) Close the Weekes Branch Library from November 28, 2024, to March 31, 2025, to perform the Weekes Branch infrastructure improvements.
SUMMARY
This report seeks Council approval to the award a contract to support the Weekes Library infrastructure improvement project. In recent years, the City has initiated several Community Development Block Grant (CDBG) funded projects addressing unmet needs across the City that align with the City’s approved annual action plans to serve residents of low- and moderate- income area. As an extension of these efforts, on August 20, 2024, Council approved the use of CDBG funds to address a critical need identified at the Weekes Branch Library, which provides vital services to predominantly low-income, high-need, and historically under-served South Hayward residents.
On October 10, 2024, the project received four (4) bids. Staff recommends that Council award the contract to the responsible low bidder, Bhogal Brother Construction Inc., of Hayward, CA in the amount of $379,600 and authorize an administrative change order budget of $75,920 to cover construction contingencies for a total not-to-exceed contract amount of $455,520.
BACKGROUND
The Weekes Branch of the Hayward Public Library (HPL) system was built in 1964 and last remodeled in 2001. While it remains an important and utilized branch, years of wear and tear have led to noticeable deterioration, resulting in a less-than-welcoming environment for visitors.
The need for renovations is urgent to restore the branch’s functionality and appeal, ensuring it continues to serve the community effectively. Upgrading the facility will not only enhance the overall experience for patrons but also reinforce its role as a vital community resource.
The Weekes Branch Library, one of two libraries that serve nearly 160,000 Hayward residents, has seen a decline in usage. In 2018-2019 the ratio of items checked out at Weekes Branch compared to the Downtown Library was 1:3; in 2021-2022 this ratio dropped to 1:10. The Weekes Branch Library is a vital resource for South Hayward community members and provides space for diverse services in an under-resourced area of Hayward. Renovating the Weekes Branch is a crucial step toward creating a more equitable Hayward.
On August 20, 20241, Council approved the Weekes Branch Library Infrastructure Improvement project, appropriated and allocated various funding sources to support it, and authorized the execution of agreements to begin the initial tasks for the project.
DISCUSSION
The City is leveraging multiple funding sources to support the Weekes Branch Library Infrastructure Improvement project, including CDBG funding. The City’s Community Services Division (CSD) contracts with Habitat for Humanity East Bay/Silicon Valley, Inc. (Habitat), to administer a home rehabilitation program and provide administrative support to oversee the effective use of the City’s CDBG funds for infrastructure improvement projects. Habitat ensures that these projects are administered in accordance with all federal procurement and CDBG regulations. CSD is leveraging the existing FY 2024-2025 contract with Habitat to provide these specialized services to assist the Library Services Department with the competitive bidding process and to ensure compliance with the City’s procurement process and CDBG regulations surrounding procurement, prevailing wage, certified payroll, employee interviews, and proof of a public work license, which ensures the contractor’s compliance with CDBG regulations and use of funding.
Council approved the Weekes Branch Library Infrastructure Improvement Project on August 20, 2024. On September 20, 2024, Habitat released the call for bids and advertised until the bid opening date of October 10, 2024. The Weekes Branch Bid Package, including a formal bid request with a scope of work (see Attachment III, Weekes Branch Renovation Bid Document), was posted on Habitat’s webpage, distributed via e-mail to registered public works contractors, published as a City STACK Newsletter, and noticed on the City’s website with a link to Habitat’s website for more information.
1 August 20, 2024, Council Staff Reports and Attachments https://hayward.legistar.com/LegislationDetail.aspx?ID=6834575&GUID=FA7F12C0-ED5A-4D55-A64A- D4669D2680AE&Options=&Search=